(Updated to 05/20/2022)
The “MILOUIN” website is an e-commerce site accessible via the Internet located at the url address https://www.milouin.com/ and open to any user of these networks.
The Site is published by the company SAS MILOUIN – a company in the process of being created whose head office is located at 13ESC du 24me BCA 06230 Villefranche-sur-Mer (hereinafter “MILOUIN”).
The Site offers the sale of food and non-food products and utensils and for the kitchen environment and works of art where applicable and other paid services (the "Services") based on the brands and products of the Partner sellers of the Site.
These general conditions of use (the "General Conditions of Use" or "CGU") govern the sale of the Products and Services offered on the Site.
The relationship between Sellers and Buyers is governed by the general terms and conditions of sale (the "GTC").
For the application hereof, it is agreed that the User and MILOUIN will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User having validated an order will then be referred to as the “Buyer”.
The rights and obligations of the User necessarily apply to the Buyer. It is specified that the Products and Services are intended for the personal use of the User, without any direct relationship with the latter's professional activity.
Any order placed via the Site implies full acceptance of these General Conditions of Use by the User and the General Conditions of Sale by the Buyer. By connecting to the Site, creating a Customer Area, placing an Order and ticking the box provided for this purpose when finalizing his order, the User expressly and unreservedly accepts these T&Cs.
It is specified that the User may save or print the T&Cs and/or the T&Cs, provided however that they do not modify them. MILOUIN reserves the right to modify these T&Cs to deal with technical developments at any time, which the User expressly accepts. The applicable T&Cs are those in force on the date of the order placed by the User. Any publication of the T&Cs on another medium is for information purposes only.
For all questions relating to the T&Cs, the T&Cs or the content of the Site, the User can send an e-mail via email: email@example.com
In these T&Cs, words or expressions beginning with a capital letter will have the following meaning:
Customer Space: means the space made available to the User and the Buyer within the Site, allowing him to access all the data concerning his Order(s), any invoices and his profile (in particular to manage his Order(s) and proceed to payment).
Order: refers to the purchase of one or more Products from a Seller made by a User on the Site.
Identifiers (or Connection identifier): refers to the email address and password chosen by the User when creating and accessing his Customer Space.
Sellers: refers to any professional seller who has subscribed to the Services offered by MILOUIN and whose Products are sold to Buyers on the Site.
Product(s): designates food or non-food products and utensils (new) for the kitchen environment and works of art whose unit sale is offered via the Site by the Sellers and consists of the following elements : a price, a promotional price if applicable, a product sheet, a quantity in stock. The Products are sold by the Sellers to the Users via the Site.
Site: refers to the website https://www.milouin.com/ hosting the marketplace where MILOUIN operates as an intermediary and online platform operator. Use of the Site is governed by these T&Cs.
User(s): means any person accessing and browsing the Site. A User creating a Customer Area and purchasing a Product becomes a Buyer.
Article 1: object
The purpose of these T&Cs is to define, worldwide, exclusively on the basis of the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products and/or Services offered on the Site.
These T&Cs apply to the exclusion of any other document. They may supplement the sale of certain Services provided by MILOUIN under specific conditions.
Sellers offer their Products for sale through MILOUIN on the Site, which acts as an intermediary with Users/Buyers.
ARTICLE 2 – INFORMATION ON THE PRODUCTS AND SERVICES OFFERED
MILOUIN invites the User to browse its Site and find out about the Products and Services offered for sale in order to know, before any possible purchase, the essential characteristics of the Products and Services.
The User can take note of the various offers for the purchase of Products and/or Services offered by MILOUIN on its Site.
The User can navigate freely on the different pages of the Site, without being committed under an order.
The Site connects Users and Sellers electronically for the sale of Products. MILOUIN acts as an intermediary and operator of the online platform on the Site.
MILOUIN has no control over the execution of Product sales and does not intervene in the transaction between the Buyer and the Seller.
The sales contract is then concluded exclusively and directly between the Customer and the Seller, MILOUIN acting as a simple technical intermediary. The Products and all indications on the prices and descriptions of the Products are established exclusively by the Sellers. As an online platform operator, MILOUIN acts in a neutral, clear and transparent manner. The User is informed, in the offer corresponding to each selected Product, that the latter is sold by a Seller, via the Site.
This section of the T&Cs aims to inform the User of the means implemented by MILOUIN
to protect the personal data concerning him likely to be collected via the Site and the Services (the "Data") in accordance with the regulations on personal data, including in particular Law n ° 78-17 of January 6, 1978 amended relating to data processing, files and freedoms (hereinafter "Data Protection Act") and General Data Protection Regulation No. 2016/679 of 25 May 2018 (hereinafter the "GDPR") . For more information, we invite you to consult our Personal Data Charter;
What categories of Data may be collected via the Site?
The categories of User Data likely to be collected by MILOUIN via the Site depend on the use he makes of the Services:
User Data: refers to the Data that the User must provide when creating his Account: his first and last names, postal addresses, his email address and/or that of the beneficiary if different. When the beneficiary is a minor under the age of 15, the User certifies having a mandate from the parents to provide the Data of the said minor.
Browsing Data: refers to the Data collected directly or indirectly, during the User's browsing on the Site and/or the Services. MILOUIN collects three types of browsing data:
- Connection Data such as the date, time of connection and/or navigation, browser type, browser language, IP address.
- Data collected via social networks: If the User has an account on the Social Network Site and accesses the Site without having first created his Customer Space, MILOUIN may receive non-personal information from said social networks in order to facilitate the creation of this Space. In this case, the User allows MILOUIN to access certain information that he has provided to the social network site, such as in particular his username, surname and first name. By accessing the Site via a social network site MILOUIN is authorized to collect, store and use the information previously collected by the social network site for which the User has given his authorization to provide third parties (surname, first name, e-mail address ).
The processing implemented within the framework of the Site complies with all the provisions of the new European regulations relating to personal data.
Why does MILOUIN collect Data?
The User is informed that the Data collected as part of his browsing on the Site is subject to processing intended for MILOUIN to meet the following purposes:
- Management of the Customer Area;
- Management of payment terms;
- Order management ;
- Configuration of the Customer Area.
Subject to the express prior agreement of the User: Sending of newsletters, commercial solicitations or promotional or advertising messages in connection with the Products and/or Services previously purchased.
Persons authorized to access the Data: The persons authorized to access the Data are the IT departments, the webmasters in charge of managing the Site, the purchasing departments and their technical partners.
Rights of access, modification and deletion: In accordance with the GDPR and the Data Protection Act, the User has in particular the rights of access, rectification and deletion of the Data concerning him, as well as the right to oppose that his Data is processed by contacting the MILOUIN Data Protection Officer:
Or by post to the following address:
13 ESCs of the 24ME BCA
Either by email: firstname.lastname@example.org
Please specify your surname, first name, postal address and subject of your request.
Retention period: The Data is not kept beyond the period strictly necessary for the purposes pursued as set out herein and/or within the limits set by law.
Nevertheless, the Data may be archived beyond the durations provided for the purposes of research, observation, and the prosecution of criminal offenses for the sole purpose of allowing, as necessary, the provision of this Data. to the judicial authority.
Transfer of Data: As some of MILOUIN's partners are located or process Data outside the European Union, this Data may therefore be transferred to countries that are not members of the European Union, whose personal data protection legislation differs from that of the European Union. In this case, MILOUIN implements the means to ensure the security and confidentiality of this Data and ensures that this transfer complies with the European legal framework in force with regard to the protection of personal data.
As such, MILOUIN strictly requires its partners to use the Data only to manage or provide the services requested. MILOUIN also asks these partners to always act in accordance with the applicable laws on the protection of personal data and to pay particular attention to the confidentiality of this data.
The database created when using the Site is strictly confidential. MILOUIN undertakes to take all useful precautions, organizational and technical measures appropriate to preserve the security, integrity and confidentiality of the data and in particular, to prevent them from being distorted, damaged or that unauthorized third parties have access to them. .
However, MILOUIN cannot guarantee the elimination of any risk of improper use of the Data. It is important for the User to preserve the confidentiality of his Identifiers in order to prevent unlawful use of his Customer Space.
ARTICLE 4 - USER COMMITMENT
The User is fully responsible for the comments and/or content that he publishes on the Site. The User undertakes to exercise good judgment in the context of the use he makes of the Services and/or the Site.
Any text brought to the attention of the public is the sole responsibility of the User who originated the content. In this case, the User expressly undertakes that these contents comply with the laws and regulations in force, and in particular that they respect the rights of goods and persons, and all intellectual property rights.
The User undertakes not to publish content/comments of an illicit nature on the Service, and in particular: defamatory, slanderous, obscene, abusive, discriminatory, racist or sexist, contrary to the presumption of innocence, and not to recurring mention of brands, websites, commercial services that could be considered as misleading advertising.
The User is solely responsible for the content he publishes through the Services. MILOUIN cannot under any circumstances be held responsible for the content, in particular for the illegal nature of the content with regard to the regulations in force, for errors or omissions in any content, for any loss or damage resulting from the use of any content displayed on the Site.
In public spaces, the User is free to discuss all subjects that interest him and this in compliance with the rules of propriety, courtesy, and respect for others.
The User is prohibited:
- to promote any good, product or service,
- post any unsolicited or unauthorized promotional message (including engaging in “spam”, transmission of “junk mail”, chain letters or any other form of solicitation),
- to create archive files from the content offered and distributed via the Site,
- to reproduce, represent, use, reference (in particular in the meta words of search engines), all or part of the Content, brands, logos, distinctive signs and/or the Services and/or the Site,
- to infringe the intellectual property rights of third parties,
- to publish any content that could constitute, without the following being limiting, incitement to the commission of crimes and misdemeanors; incitement to discrimination, hatred or violence, invasion of privacy; or acts endangering minors, in particular through the manufacture, transport and dissemination of messages of a violent or pornographic nature or of a nature to seriously undermine human dignity,
- post, share, spread false news and spread or spread rumours,
- forge headers or otherwise manipulate the identifier so as to disguise the origin of content transmitted via the Service(s),
- to publish any message containing computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer, or telecommunications tool without this list being exhaustive,
- hinder or disrupt the Services and/or the Site, servers, connected networks, or refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to connected networks,
- harass in any way another or several other Users,
- provide information referring to other applications or sites (whether by creating hypertext links, or by simply providing information) whose content could contravene any law and regulation in force, and in particular would likely to infringe the rights of persons and property, and/or intellectual property rights,
- make statements that damage the image and reputation of the Site and/or MILOUIN,
- collect and store personal data relating to other Users.
In the event of non-compliance with these rules by the User, MILOUIN may take all necessary and appropriate measures to put the User on notice to stop his risky behavior or even to engage his responsibility in the event of damage caused contact the optionally.
Moderation: Within the framework of the activity of its Site(s) and in its capacity as content host, MILOUIN exercises a posteriori control of the content published by Users within the Site(s).
It is possible to report abuse or illegal content to MILOUIN via the “Contact” tab on each site. Therefore, MILOUIN undertakes to act promptly upon becoming aware of the illegal nature of the content to delete it or make it inaccessible if necessary.
ARTICLE 5 - PARTNER SERVICES AND EXTERNAL LINKS
5.1. Sellers Offers
MILOUIN sets up partnerships in order to enrich the Content and Services offered by the Site. The latter contains spaces containing offers of products and services to which the User has access if he wishes.
These offers from the Sellers are proposed by the latter in complete independence and under their sole responsibility. Consequently, MILOUIN cannot be held liable for any reason and on any basis whatsoever relating to the offers thus consulted as well as to the transactions which could result therefrom, the partners and advertisers being the only ones engaged in a contractual relationship with the User. .
The content of the pages/spaces of Sellers and advertisers remains their intellectual property. Any reproduction, republication or redistribution by any means whatsoever is totally prohibited by law without the written authorization of said partners.
5.2 Hypertext links
MILOUIN has also set up Seller partnerships and offers you information concerning other sites and/or services, for example by mentioning Web site addresses, and/or by the presence of hypertext links to these sites.
These hypertext links pointing to third-party sites do not belong to MILOUIN and are provided for information purposes. These links are not controlled by MILOUIN which does not answer for the availability of external sources nor does it guarantee it. MILOUIN cannot be held responsible for any proven or alleged damage or loss, consecutive or in connection with the use, or with the fact of having trusted the content, goods or services available on these partner services or external sources. .
The decision to activate these links is the full responsibility of the User. MILOUIN has no control over these sites and declines all responsibility for their access, content or use, as well as for any damage that may result from consulting the information on these sites.
If however, in the pages of the Site, there is a link with an external page in which illicit content were to be disseminated by a third party, MILOUIN will erase, after having been informed of the said content, the link with this page.
Since these T&Cs do not apply to the content of these external sites, Users are recommended to read their general conditions of use and their general conditions of sale.
These Application T&Cs apply in addition to the Personal Data and Cookies Policy.
ARTICLE 6 - Intellectual property
As part of the sale of Products via the Site, Sellers are likely to present in their offers photographs, brands, logos, drawings and other models (of Content) belonging to them or belonging to third parties.
Any Seller offering Products for sale through the Site guarantees that he has the right to publish and represent all Content, particularly related to his offers.
In any case, MILOUIN can in no way be held responsible for an act of counterfeiting or unfair competition, given its simple capacity as host of the Content published by the Sellers.
All information made available on the Site (including in particular all texts, comments, works, illustrations and images), all brands reproduced on the Site, all programs and/or technologies provided in connection with the Site and, more generally, all or part of the Site itself is reserved under copyright and/or intellectual property and this, for the whole world.
The User acknowledges the intellectual property rights of MILOUIN on the Site, its components and the related content and waives the right to contest these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Marketplace, with the exception of Content published by Sellers, are the exclusive intellectual property of MILOUIN and cannot be reproduced, used or represented without express authorization under penalty of legal proceedings.
Any representation or reproduction, total or partial, of the Site and its content, by any process whatsoever, without the express prior authorization of MILOUIN, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
These T&Cs do not entail the transfer of any of these intellectual property rights for the benefit of any User whatsoever. Consequently, the latter is prohibited from reproducing and/or using the trademarks and logos present on the Site. The User is also prohibited from copying, modifying, translating, reproducing, distributing, selling, publishing, exploiting in any other way and distributing in another format in electronic or other form all or part of the information (even partially) present on the Site.
Any marketing, reproduction, representation, distribution, translation or total or partial exploitation, in any form whatsoever, of all or part of the content of the Site, is strictly prohibited.
Any use other than for its private use, except with the prior authorization of MILOUIN and/or other rights holders, constitutes the offense of counterfeiting and is punishable under article L. 335-2 of the Intellectual Property Code.
Any total or partial reproduction of all or part of the elements present on the pages of the Site and/or Products and/or Services not authorized is strictly prohibited.
The purchase of a Product and/or Service by a User does not confer any right to the elements protected by the Intellectual Property Code. The only right conferred is a right of personal, non-collective and non-commercial use.
ARTICLE 7 – Liability
MILOUIN declines all responsibility in particular:
In case of impossibility of temporarily accessing the Site for technical maintenance operations or updating of published information. Users acknowledge that MILOUIN cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
In the event of viral attacks, illicit intrusion into an automated data processing system;
In the event of abnormal use or illicit exploitation of the Site by a User or a third party;
In relation to the content of the third-party website to which the hypertext links on the Site refer;
In the event of non-compliance with these T&Cs attributable to Users;
In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 12.4 of these T&Cs;
In the event of an extraneous cause not attributable to MILOUIN;
In the event of unlawful action by a Seller, or contractual non-performance of which a Seller is guilty in connection with the sale of a Product;
Any problem encountered during the execution of the Order by the Seller;
In the event of abnormal use or illicit exploitation of the Site, the User is then solely responsible for the damage caused to third parties and the consequences of the claims or actions that may result therefrom.
MILOUIN host status
Users acknowledge that MILOUIN is a hosting provider within the meaning of article 6 I 2° of the law of June 21, 2004 on confidence in the digital economy known as LCEN.
As such, MILOUIN reserves the right to withdraw any content that has been reported to it and that it considers to be manifestly illegal within the meaning of Article 6 I 2° of the LCEN.
Notification of manifestly illegal content by a User or any other third party must be made by e-mail to the address: email@example.com or by registered mail with acknowledgment of receipt to:
13 ESCs of the 24ME BCA
In accordance with article 6 I 5° of the LCEN, the notification, to be valid, must contain the following elements:
The date of the notification;
If the notifier is a natural person: his surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, name, registered office and the body that legally represents it;
The name and address of the recipient or, if it is a legal person, its name and registered office;
The description of the disputed facts and their precise location;
The reasons why the content must be removed, including the mention of the legal provisions and the justifications of facts;
A copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification that the author or publisher could not be contacted.
In application of article 1146 of the Civil Code, non-emancipated minors are incapable of contracting. It is specified that minors can only provide this information with the agreement of the persons holding parental authority. The use of the Site by a minor remains under the full responsibility of the persons holding parental authority. Consequently, MILOUIN cannot be held responsible in the event of the collection, without its knowledge, of personal data relating to a minor.
7.1 Disputes between Buyers and Sellers
Any dispute arising between a Buyer and a Seller must be dealt with as a priority between them, the Seller remaining solely responsible for the execution of the Order of Products made via the Site.
The Buyer may contact the Seller using a messaging/contact information tool located in his Customer Area.
A response will be provided by the Seller as soon as possible depending on the nature of the complaint.
MILOUIN is not involved in the deed of sale concluded between a Buyer and a Seller and is therefore not required to intervene in any disputes that may exist between the Seller and the Buyers.
MILOUIN cannot be held responsible for the non-execution, breaches or delays taken in application of its obligations which would be due to the occurrence of a case of force majeure as defined by article 1218 of the Civil Code and recognized as such. by the French courts.
If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and scope.
These T&Cs and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
ARTICLE 8 – Applicable law – Competent courts
These T&Cs are subject to French law.
In the event of a dispute arising, the Parties shall endeavor to resolve the dispute amicably. You can access the online dispute resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. This link must be easily accessible to consumers.
If the dispute persists between MILOUIN and the consumer, the latter may appeal to a consumer mediator.
In the absence of an amicable agreement between the Parties and in the event of a persistent dispute, only the French courts are competent. The User can seize at his choice, in addition to one of the jurisdictions territorially competent under the Code of Civil Procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.