These General Terms and Conditions of Sale (the “GTC”) apply in addition, with respect to Buyers, to the Buyer T&Cs in which the capitalized terms used in these GTC are defined.
The GCS apply to all sales of Products made through the Site between the Seller and the Buyer. They are intended to govern relations between Sellers and Buyers of Products.
MILOUIN is not the Seller of the Products purchased through the Site; only the Seller, whose name is indicated on the description of each Product, is the Buyer's co-contractor for the purchase of said Products. The Products cannot therefore be taken back or exchanged by MILOUIN but by the Seller directly.
Terms beginning with a capital letter in the T&Cs have the same meaning as those defined in the T&Cs.
- Conclusion of the sales contract between the Buyer and the Seller
1) The Products are presented on the Site with a description putting the Buyer in a position to know their essential characteristics, their price and the delivery time of the Product.
2) The Buyer selects the Product(s) he wishes to purchase.
3) He confirms his choice of Product(s) and reads and accepts these GCS when validating his order.
4) The Buyer receives an email confirming the registration of his order.
5) The Seller is informed by MILOUIN that one or more of the Products it has put online has been ordered.
6) The Seller undertakes to ship the Buyer's order(s) within 72 hours of receiving the information as referred to in point
In the absence of confirmation of the order within the period referred to in point 6), the contract concluded between the Buyer and the Seller is automatically canceled and each of the parties is released from its obligations. The Buyer will be reimbursed within the standard reimbursement deadlines (bank deadlines).
The Seller's Product offers are valid as long as they are visible on the Site, within the limits of available stocks. In general, in the event of exceptional unavailability of a Product after the Buyer's order has been placed, the Seller will inform MILOUIN, who will himself inform the Buyer by email.
Similarly, in the particular case where the same Product is the subject of an order by several Buyers at the same time, and depending on the availability of this Product (shortage, unique, second-hand product), this will be sold only to the first Buyer who registers his order. The other Buyers will then be informed of the cancellation of their order.
However, only the contract relating to the sale of the unavailable Product(s) is subject to this cancellation.
7) Once the order has been confirmed by the Seller, an email is sent to the Buyer to confirm and summarize his order and the Seller makes a firm commitment to deliver the Products within the specified time and the bank account of the Buyer is debited the amount of the order.
8) In the event of confirmation of all or part of the Buyer's order, the said Products are dispatched by the Seller according to the methods set out in article 3.
9) Without complaint from the Buyer within 14 days from the date of debit of the Buyer's bank account, the Product will be deemed to have been received and compliant
This clause is without prejudice to the provisions of articles L. 217-4 and following of the Consumer Code mentioned in the appendix, the Buyer having the possibility, at any time, to contact the Seller, to send any request, complaint relating to the Products ordered using the messaging tool made available as part of the Service.
- Price and payment
The purchase price of the Product is set by the Seller. It is mentioned in euros including tax.
As a reminder, the fact for the Buyer to validate his order implies the obligation for him to pay the price indicated.
Payment for purchases made through the Site can be made using the means of payment indicated in the T&Cs in the “Payment methods” section with MILOUIN, which collects the corresponding amount, in the name and on behalf of the Seller.
- Shipping methods and costs
The terms of delivery (normal delivery, tracking, delivery against signature, carrier) differ according to the Sellers and will be summarized in the order confirmation email.
The Seller may refuse to deliver the Product ordered in normal mode regardless of the price of the Product. In this case, it expressly includes this reservation on the description associated with the said Product. Failing this, the criteria for choosing the delivery methods referred to in the previous paragraphs are applied.
The Seller undertakes to send the Buyer the Product(s) ordered within 72 hours. The Products are delivered to the address indicated by the Buyer in "my account", and sent under the conditions he chose when ordering. It is therefore the Buyer's sole responsibility to ensure that the information he communicates to MILOUIN for this purpose is and remains correct and that it will enable him to receive the Products he buys on the Site. The Products travel at the expense and risk of the Seller. From the moment the Buyer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to him.
MILOUIN can in no way be held responsible for any damage to the products due to the late receipt of a package due to the absence of the Buyer or the person authorized to receive it.
Finally, in the event of an error by the Buyer in the wording of the contact details or those of the place of delivery, in particular his surnames, first names, e-mail address, door code, making delivery impossible and resulting in the loss of the Products, the Buyer remains liable for payment of lost Products and no refund can be made.
Upon receipt of the Product(s) ordered, the Buyer may notify the Seller via a form made available on his customer area of the Site of any reservations about the Product delivered (for example: non-compliant product, damaged, etc.). The Seller will then enter into direct communication with the Buyer in order to resolve the situation. MILOUIN will be notified of any complaints.
The Seller will inform MILOUIN precisely of the dispatch of each order (if the Buyer's order has been dispatched in several shipments, the Seller will specify to MILOUIN which part of the order will have been sent) by through seller account.
- Right to retract
In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer has a period of 14 days from receipt of the Product(s) ordered to exercise, with said Seller, his right of withdrawal, without having to justify reasons or pay a penalty.
In the event of an order containing several Products placed with the same Seller, this period of 14 days runs from the receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used during shipment, allowing them to be resold.
Returns must also be accompanied by proof of purchase, a copy of the invoice or the purchase delivery note for optimized management.
In accordance with the regulations in force (article L221-28 consumer code), the right of withdrawal cannot be exercised for:
- Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- Product whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Products made to consumer specifications or clearly personalized;
- Products liable to deteriorate or expire rapidly;
- Products which, after being delivered and by their nature, are inseparably mixed with other items;
- Alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
The Buyer exercises his right of withdrawal directly from the Seller concerned using:
- the standard withdrawal form attached in the Appendix to be sent to the Seller at the address that he will indicate to him during their exchanges via the messaging tool made available as part of the Service
- or by any means and in particular by (i) the form available on its customer area on the Site or (ii) by email expressing the Buyer's desire to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal.
Once the form or the declaration of withdrawal has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable time and, at the latest, within 14 days following the communication to the Seller of the decision of the Buyer to retract.
Reimbursement of returned Products is made by MILOUIN under the following conditions:
MILOUIN will refund the sums paid no later than 14 days from the date on which the right was exercised with the Seller and that MILOUIN will have been informed; using the same means of payment as the one used for the order. This reimbursement date may be deferred until the Product is recovered or until the Purchaser has simultaneously provided the Seller and MILOUIN with proof of shipment of the Product, the date chosen being that of the first of these events.
No cash on delivery will be accepted, whatever the reason.
- Disputes – Disputes – Mediation – Online dispute resolution
5.1 Handling complaints
At any time, the Buyer has the possibility of contacting the Seller (via the contact form available on his customer area), of sending any request, complaint relating to the Products ordered by using the messaging tool made available in the framework of the Service in particular to assert its guarantees when they are in progress.
The contact form also allows any Buyer to report within 14 days, any complaint concerning the Products ordered, (for example: product not received, non-compliant product, etc.).
Disputes are settled directly between the Buyer and the Seller and/or the carrier.
The Buyer and the Seller will make their best efforts to reach an amicable resolution of the dispute.
Nevertheless, in the event that the Seller has not resolved the dispute between him and the Buyer within 8 working days of receipt of the complaint, MILOUIN reserves the right, after having previously informed the Seller, to refund the Product to the Buyer. The amount of this refund will then be deducted from the sums to be paid by MILOUIN to the Seller for the Products sold by the Seller via the Service.
Depending on the case, the declared dispute will give rise either to the return of the ordered Product or to a refund.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. 'European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to hidden defects (referred to in the box below and the texts of which are recalled in the Appendix to these GCS) defective Products (without this being due to of the Buyer) or not corresponding to the order will be refunded or exchanged at the Buyer's choice.
The Products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions.
In this context, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced price and the return costs will be borne by the Seller.
Reimbursement will be made by re-crediting the means of payment used when placing the order.
No cash on delivery will be accepted, whatever the reason. These guarantees are without prejudice to the right of withdrawal provided for in Article 4.
It is recalled that within the framework of the legal guarantee of conformity, the Buyer:
- has a period of two years from the delivery of the goods to act vis-à-vis its Seller;
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the Buyer may decide to implement, vis-à-vis his Seller, the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
- Personal data
In addition to the T&Cs, the Buyer and the Seller are informed that all data collected as part of the Service when placing orders is processed by MILOUIN for the purpose of processing said orders.
Information and data from Buyers relating to delivery are transmitted by MILOUIN to Sellers for the sole purpose of enabling them to ship the Products ordered and, where applicable, to enable them to meet their legal or regulatory obligations. Under no circumstances may they be used for other purposes.
In the event of difficulty concerning the processing of this data, the Buyer may contact MILOUIN directly, under the conditions set, as the case may be, in the Buyer's T&Cs or in the Seller's T&Cs.
Each Seller only has access to the personal data provided by the Buyers of its Products to MILOUIN when placing their order.
The Sellers undertake to ensure the security of the personal data they keep for the purposes of fulfilling and monitoring orders.
The Site is subject to a security system: MILOUIN has adopted the SSL encryption process but has also reinforced all the scrambling and encryption processes to protect as effectively as possible all sensitive data related to means of payment. used on the Site.
- Partial nullity
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their validity. scope.
- Applicable law
These general conditions are subject to French law. Any dispute relating to their interpretation and/or execution falls within the jurisdiction of the Commercial Court of NANTERRE.
Article L. 217-4 Consumer Code
The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code
The property is in accordance with the contract:
If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the Seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the Seller, the producer or his representative, in particular in advertising or labeling;
- Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
Article L. 217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Consumer Code:
When the buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code
The Seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.