Terms of sale
The milinane.com website is owned by SARL MILINANE, with a share capital of €25,000, whose registered office is located at 1400 Chemin des Plaideurs, Aix-en-Provence, France, registered with the Aix-en-Provence Trade and Companies Register under number 827 547 126, intra-community VAT number FR 13 827547126, in its entirety, as well as all related rights.
These general terms and conditions of sale apply to all orders placed with Milinane for all items and services offered on the milinane.com website by non-commercial individuals. Consequently, the act of ordering a product offered for sale on the Milinane website constitutes full acceptance of these general terms and conditions of sale, which the Customer acknowledges having read prior to placing their order.
Milinane reserves the right to modify these General Terms and Conditions of Sale at any time.
Nevertheless, the General Terms and Conditions of Sale applicable to orders placed by a Customer on the Milinane Website are those accepted by the Customer at the time of placing the order.
1: ENTIRETY
These General Terms and Conditions express the entirety of the parties' obligations. In this sense, the Customer is deemed to accept without reservation all the provisions set forth in these General Terms and Conditions of Sale. Milinane, for its part, undertakes to respect its role as reseller within the framework of these conditions.
2: PURPOSE
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Milinane to the Customer, from ordering to delivery, including payment and the use of services provided by Milinane.
3: SCOPE OF APPLICATION
These General Terms and Conditions govern the sale of products on the day the customer places the order. They apply to all orders placed with SARL MILINANE for all items and services offered on the Milinane.com website, unless otherwise agreed in writing.
4: PRODUCT INFORMATION
PRODUCT CHARACTERISTICS
Information such as specifications or photographs presented on the websites or in emails sent by Milinane are presented with the greatest possible accuracy. Each Product sheet presents the essential characteristics of the selected product, in accordance with Article L.111-1 of the French Consumer Code. This information is intended to inform the Customer as completely as possible about the essential characteristics of the products. The Customer is informed, subject to their rights, of the possibility of a difference in the positioning of the patterns on the product; this difference does not in any way affect the content or characteristics of the product.
PRODUCT AVAILABILITY
Milinane undertakes to fulfill orders received only within the limits of available product stocks.
If the product(s) are unavailable, Milinane undertakes to inform the Customer as soon as possible by telephone or email. The Customer may then request a refund of the amounts paid, an exchange of the unavailable product for another product, or cancellation of the order. The unavailability of a product is indicated on the product page in question and in the shopping cart summary. Thus, Products may appear with a shipping time such as "in stock" or "unavailable" or "available in 2 to 3 weeks".
5: ORDER
CAPACITY TO CONTRACT
All Customers of the company declare that they have the capacity to contract under the conditions described below, i.e., they are emancipated minors or of legal age and are not protected within the meaning of Article 488 of the Civil Code. Milinane reserves the right to refuse any Order from a Customer with whom there is a dispute, particularly a payment dispute.
CUSTOMER ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms and Conditions can be read directly on the milinane.com website. Upon request, they can also be sent by email. By checking the "I accept the general terms and conditions of sale" box before proceeding with the secure payment, the Customer constitutes irrevocable acceptance, which can only be challenged in the cases described in these general terms and conditions of sale under the "right of withdrawal" section. By doing so, the Customer acknowledges having read, understood, and accepted these Terms and Conditions.
ORDERING
Individual Customers can place their orders with Milinane online 24/7.
The ordering process consists of six successive steps. Once the product selection has been completed and the shopping cart validated, the Customer must:
Clearly identify the selected products with the color, size, and other options indicated on the milinane.com website
Indicate the requested quantities
Log in either by entering their email address and password, which are strictly personal, or by providing all the information usually requested for online registration
Clearly provide the information required for delivery. This particularly concerns the precise delivery address as well as any accessibility restrictions at the delivery location (building, floor, digital code, etc.)
Please ensure that you clearly state the delivery address and billing address if they are different.
Indicate the chosen delivery method.
Finally, indicate the chosen payment method.
Once the payment method has been selected, the customer must proceed to pay for their order via the secure interface, which will formalize the sales contract binding them to Milinane. This validation constitutes signature and acceptance of all transactions carried out on the milinane.com website.
ORDER CONFIRMATION
An email will be automatically sent to the customer to confirm the order, provided that the email address provided in the registration form is correct. The Customer must verify the completeness and accuracy of the information they provide to Milinane. The latter cannot be held responsible for any data entry errors or the consequences in terms of delays or incorrect deliveries. In this context, all costs incurred for reshipping will be borne by the Customer.
ORDER TRACKING
The Customer can check the status of their order at any time by visiting the "My Account" section on the milinane.com website. This tracking allows the Customer to know the processing status of their order, as well as the shipping or delivery status of their packages. This delivery tracking is a direct link to the website of the chosen carrier, which is responsible for delivering your package. The Customer can contact Milinane customer service at any time to be informed of the status of their order.
PROOF OF ORDER
The computerized records, stored in Milinane's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
GIFT WRAPPING
MILINANE offers its customers a gift wrapping service for its products. A flat-rate fee is required for the gift wrapping service; the amount is clearly indicated in the shopping cart summary.
6: PRICES AND PAYMENT TERMS
Product prices are indicated in euros, inclusive of all taxes, excluding shipping costs. Prices do not include shipping costs, gift wrapping costs, any promotional offers, or personal discounts, which are indicated before final order confirmation. For the European Union, prices include the VAT of each country. Customers from the European Union will therefore be billed with the VAT applicable in their country. Any change in VAT rates will be automatically reflected in the price of the products presented on the website, on the date stipulated by the implementing decree.
Since the prices of Milinane's suppliers are constantly evolving, the prices displayed on the website are subject to change at any time. However, prices cannot be changed once the Customer's order has been placed.
Orders to countries outside the European Union are not subject to VAT. The prices indicated on the website for these orders are exclusive of tax and therefore do not include VAT. However, these orders are subject to any taxes and customs fees in the destination country. The customer is also responsible for verifying the import status of the ordered products under the laws of the country of delivery. You can contact the customs service for further information.
PAYMENT
Payment of the entire order must be made by the buyer at the time of ordering. At no time can the amounts paid be considered a deposit or down payment. All orders are payable in EUROS. To pay for their order, the buyer may use all the payment methods listed on the order form: Credit card (Carte Bleue, Visa, Mastercard,
Mastercard, Maestro, and E-carte bleue), PayPal, Alma, or by bank transfer. Bank transfers must be made within 7 days of ordering, accompanied by the order number used to identify the order. If payment is not received within 7 days, the order will be canceled.
Milinane takes every precaution to ensure the confidentiality and security of banking information transmitted on the milinane.com website. To this end, the website uses a secure SSL (Secure Socket Layer) payment module. The transaction is carried out via the Caisse d'Epargne bank, which alone has access to the banking information provided on the website at the time of payment. SARL MILINANE reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of fulfillment, in the event of non-payment of any amount due by the buyer, or in the event of a payment incident.
As part of an order verification procedure designed to ensure that no one is using another person's bank details without their knowledge, the Customer may be asked to email Milinane a copy of an identity document and proof of address. The order will only be validated after receipt and verification by our services.
INVOICE
The order form created by the Customer online or the order confirmation sent by email to the Customer by Milinane does not constitute an invoice. The Customer has the original invoice in their online account. The invoice is not included with the package.
Milinane keeps an electronic copy of each invoice.
7: DELIVERY
The products are delivered to the address indicated by the Customer on the order form. The Customer is responsible for verifying the completeness and accuracy of the information they provide to Milinane. The latter cannot be held responsible for any data entry errors or the consequences in terms of delays or incorrect deliveries. In this context, all costs incurred for reshipping the order will be entirely borne by the Customer.
DELIVERY AREAS
The geographic delivery area for Milinane's products is as follows:
France and French Overseas Territories: mainland France, Corsica, Guadeloupe, French Guiana, Martinique, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, and Saint Martin
Europe: Germany, Andorra, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Guernsey, Hungary, Canary Islands, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Serbia, Slovakia, Slovenia, Sweden, Switzerland
Worldwide: Argentina, Australia, Brazil, Canada, China, South Korea, Israel, Japan, Lebanon, New Zealand, Reunion, Singapore, Taiwan, Turkey, United Arab Emirates, and the United States
Customers may contact Milinane's customer service for more information on delivery conditions to a specific country worldwide. Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees in the destination country. These costs and the related formalities are the responsibility of the customer/recipient. They are to be paid directly to the carrier upon delivery. The customer is also responsible for verifying the import possibilities of the ordered products with regard to the law of the country of delivery. We recommend contacting the Customs Service for more information.
SHIPPING TIMES
Orders placed online via the milinane.com website are processed daily from Monday to Friday, excluding public holidays. Milinane makes every effort to process and ship all orders placed before 11:00 a.m. the same day. However, the processing and preparation time may be longer depending on the item and may take between 1 and 2 business days. Upon receipt of the shipping confirmation email, the Customer may take into account the carrier delivery times indicated below. Milinane informs its Customers that these shipping times do not include Saturdays, Sundays, and public holidays.
An email is automatically sent to the Customer when the Products are shipped, provided that the email address provided in the registration form is correct.
TRANSPORTATION TIMES
Transportation times depend on the carrier chosen by the Customer and the delivery location. Milinane informs its Customers of the shipping times generally observed by carriers. Shipping costs are calculated based on the delivery country at the time of ordering and are definitively confirmed based on the chosen shipping method and delivery destination before final confirmation of the order.
However, Milinane informs its Customers that the stated delivery times do not include Saturdays, Sundays, and public holidays.
DELIVERY METHODS IN METROPOLITAN FRANCE
Standard Delivery by Colissimo (usually 48 to 72 hours)
This delivery method allows the Customer to receive their package within 72 hours of dispatch via La Poste (excluding order processing and preparation time). Deliveries are made from Monday to Saturday morning, excluding public holidays. The costs incurred for this option depend on the total weight and volume of the items ordered.
The package is collected by La Poste and delivered against signature to the delivery address provided by the Customer. If the customer is absent at the time of delivery, a delivery notice will be left at the delivery address provided by the customer, allowing them to collect their package at the nearest post office. Packages will be held at the post office for 15 calendar days. If the product(s) are not collected within the delivery time specified by the carrier, they will be returned to MILINANE, which will refund the price of the product(s) in the order.
Delivery by Colissimo to a collection point (usually 5 days)
This delivery method allows the customer to receive their package at the nearest La Poste Parcel Relay within 3 to 5 days, Monday to Saturday, excluding public holidays. Orders placed from Friday afternoon to Sunday inclusive will be shipped starting Monday afternoon. The customer will be notified by email as soon as the package arrives at the selected collection point. The package will remain with the customer for 14 calendar days. If the package is not collected within the specified timeframe, it will be returned to MILINANE, which will refund the price of the product(s) in the order.
Delivery by Mondial Relay (Usually 5 days)
This delivery method allows the customer to receive their package at the Mondial Relay location chosen when ordering, within 3 to 5 days.
Orders placed from Friday afternoon to Monday inclusive will be shipped starting Tuesday afternoon. The customer will be notified by email and/or text message as soon as the package arrives at the selected collection point. Since November 1, 2022, the package remains available to the customer for 8 calendar days. If the package is not collected within the specified timeframe, it will be returned to MILINANE, which will refund the price of the product(s) in the order. To collect your order via Mondial Relay, a valid ID will be required. Otherwise, the ordered Products will not be delivered to you. It is the customer's responsibility to provide the correct delivery address when selecting Mondial Relay. Once the package has been deposited with the carrier, we will no longer be able to change this delivery address.
Express Delivery (24 to 48 hours)
This delivery method allows the customer to receive their package within 24 to 48 hours of ordering (excluding weekends and public holidays). We work with the following service providers: TNT, UPS, or DHL. For all orders placed before 11 a.m., your package will be handed over to the delivery service the same day (excluding weekends and public holidays). Deliveries are made Monday to Saturday morning, excluding public holidays. The fees incurred for this option depend on the weight and total volume of the items ordered. The package is delivered against signature to the delivery address provided by the Customer. The Customer must ensure that the access conditions for the delivery location (code, building, floor, door, etc.) are clearly indicated when ordering, as well as a telephone number where the customer can be easily reached. In case of absence, the delivery person will leave a delivery notice indicating their next delivery date. The Customer can call the carrier's customer service to schedule a new delivery date. After three unsuccessful attempts at the delivery address, the package is automatically returned to Milinane, which will refund the price of the product(s) in the order.
Delivery methods outside mainland France
Delivery to European countries and abroad is carried out by Colissimo. Costs incurred depend on the destination country, the weight, and total volume of the selected items. Costs and delivery times are indicated to the Customer before final confirmation of the order. Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees in the destination country. These costs and the related formalities are the responsibility of the customer/recipient. They must be paid directly to the carrier upon delivery.
In the event of force majeure, SARL MILINANE cannot be held responsible for any delays. In addition to those usually recognized by the jurisprudence of French courts and tribunals, the following are considered cases of force majeure: supply disruptions for any reason whatsoever, governmental or legal restrictions, computer failures, telecommunications disruptions, including network disruptions, particularly the Internet, or exceptional events (natural disasters, epidemics, lockouts, etc.) delaying or prohibiting the delivery of goods.
PACKAGING
Products are packaged to comply with applicable shipping standards and to ensure optimal protection of the products during delivery. The Customer is requested to comply with these same standards when returning a product, whether for after-sales service or for convenience. In the event of a product return, if we find that the product is returned to us damaged due to inadequate packaging, MILINANE may decide to only partially refund the product or refuse to refund it if it cannot be resold in its original condition.
DELIVERY DELAYS DUE TO THE CARRIER
In the event of a delivery delay beyond the delivery times announced by the carriers, the Customer must first contact the carrier to verify that the package is not pending. If necessary, the Customer can contact Milinane Customer Service by telephone or email to initiate an investigation to locate the package. Once the complaint and investigation have been completed, it may take 3 to 4 weeks to receive a response from the carrier. If the package is found, it will be immediately rerouted to the intended delivery address. If the package is not found, the Customer may request the same product to be resent, at Milinane's expense, or a refund of the amount paid. If the product(s) ordered are no longer available at that time, Milinane will refund the order.
CUSTOMER RESPONSIBILITY FOR INSPECTING PACKAGES UPON RECEIPT
The Customer must inspect the condition of the package in the presence of the carrier and note any necessary reservations on the delivery slip in the event of partial or total damage. If the customer notices damage or partial loss of the transported items, the customer has 3 days from receipt of the goods to notify the carrier of their protest by registered letter or by legal process.
According to Article L-224-65, if the customer personally accepts delivery of the transported items, and if the carrier cannot prove that they gave the customer the opportunity to verify their good condition, according to Article L-133-3 of the French Commercial Code, the right to take action against the carrier is extended to 10 days.
Milinane requests that the consumer lodge a complaint with the carrier, under the conditions set out in Article L-224-65 of the French Consumer Code (within 3 to 10 days), in order to facilitate Milinane's recourse against the carrier.
8: RIGHT OF WITHDRAWAL AND RETURN
According to Article L-221-18 of the French Consumer Code, the consumer has a legal period of fourteen days, starting from the day after delivery, to inform Milinane of their intention to withdraw. The consumer has a legal period of 14 days from the notification of their decision to withdraw to return the goods (Article L.221-23 of the French Consumer Code).
The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer specifically requests a credit note. The refund will be made as soon as possible and no later than 14 days from receipt of the product by us in the event of compliance with the withdrawal period.
In accordance with Article L.221-23 of the French Consumer Code, this right is exercised by returning the Item; only the shipping costs remain the responsibility of the Customer.
Customers may benefit from a prepaid return slip in accordance with Article 15 hereof, and (2) in the event of non-compliance of the Items delivered with the Order (in this case, the return costs will be borne by Milinane).
Conditions for Exercising the Right of Withdrawal
To do so, the Customer simply needs to choose one of the following options: The return request can be made:
- Either by logging into the Milinane website, in the "Manage my orders" section of My Account: simply select the product and quantity to be returned and confirm by clicking on "Confirm your return request." A link will be provided to the customer to download the prepaid label.
- Or by contacting customer service by email, who will inform the customer of the procedures to follow. The Customer may use the withdrawal form below: Sample withdrawal form (Please complete and return the form along with your order number only if you wish to withdraw from the contract).
Customer Service: contact@milinane.com
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Ordered on [……………………………….] (*) received on [………………………….……….] (*)
Order number: […………………………………..……………………]
Name of consumer(s): [………………………………………………………………]
Address of consumer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………]
Signature of consumer(s) (only if this form is submitted on paper) Date: [……………………………………]
Milinane suggests that the customer return their items by registered mail or by purchasing additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of the goods. In all cases, the return is at the customer's risk. It is the customer's responsibility to retain all proof of return. Return shipping costs are the customer's responsibility, and they are free to choose their shipping method.
Return address:
Milinane, 1400 chemin des Plaideurs, 13090 Aix-en-Provence, France
Failure to meet the specified deadlines will result in Milinane not being able to refund the Customer. Only items returned in their original packaging, in perfect resalable condition, with tags attached, will be accepted. Consequently, returns of washed and/or worn clothing or accessories, as well as damaged boxes, will be refused.
Returns may never be made if the delivered items have been, even partially, washed, soiled, damaged, or used. Similarly, items returned incomplete, damaged, or soiled by the Customer will not be accepted. Items must also be accompanied by the order number.
Reimbursements in the event of exercising the right of withdrawal will be made using the same payment method used by the Customer for the initial transaction.
If applicable, the refund will be made within 14 days of receipt of the Item by Milinane, depending on the payment method chosen when ordering, either to the bank card used for payment, to the Customer's PayPal account, or by bank transfer. These provisions do not preclude the aforementioned right of withdrawal.
9: WARRANTIES, COMPLAINTS, MEDIATION
Legal Guarantee of Conformity
According to Article 217-8 of the French Consumer Code, the legal guarantee of conformity is two years. In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement, or, failing that, to a price reduction or termination of the contract under the conditions stated.
Milinane delivers goods that comply with the contract and the criteria set out in Article L. 217-5. It is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which becomes apparent within two years of delivery. Article L. 217-4. The goods comply with the contract if they meet, in particular, the following criteria:
They correspond to the description, type, quantity, and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic specified in the contract;
They are suitable for any special use sought by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
They are delivered with all accessories and installation instructions required to be provided in accordance with the contract;
They are updated in accordance with the contract.
Article L.217-5. In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
It is suitable for the use normally expected of a good of the same type, taking into account, where applicable, any provisions of European Union and national law, as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; Where applicable, it is provided with any updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
It corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer may legitimately expect for goods of the same type, taking into account the nature of the goods and the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling.
However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates:
That he was not aware of them and was not legitimately in a position to be aware of them;
That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements;
That the public statements could not have influenced the purchasing decision.
The consumer may not contest conformity by invoking a defect concerning one or more specific characteristics of the goods, which he or she has been specifically informed deviate from the conformity criteria set out in this article, a deviation to which he or she expressly and separately consented when entering into the contract.
Article L.217-7. Lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect.
Article L.217-11. The goods shall be brought into conformity at no cost to the consumer. The consumer is not required to pay for the normal use made of the replaced goods during the period prior to their replacement.