Terms of Sales
These Terms of Sales and Use (hereinafter referred to as the "TS") decide the entirety of the retail distance selling activities of Miloe, a French limited liability company with a capital of € 5,000.00, registered at Trade and Companies Register of Bobigny (France) under number 804 965 994, whose registered office is 33 rue de la Haie coq 93300 Aubervilliers (France), represented by Mr JIANG Liangji in his capacity as Manager (designated "Miloe").
The TS is applicated between Miloe and:
- each of its customers using the Site defined below (referred as "Customer"), particularly of any Miloe product (referred as "Product"),
- any user of the site whose url address is www.miloe.one (designated the "Site"), including any user accessing the Site for any reason (referred as " User ").
The Terms of Sales are possible to change at any time, without notice, the Customer is invited to read carefully before each order and the User at each visit.
1. CONCLUSION AND EXECUTION OF CONTRACT
1.1 Offer and acceptance
Acceptance and confirmation of the order are made by data entry on successive screen pages, in English or French. To submit an order, the Customer must have created a account on the Site and, for this purpose, have specified in particular:
- identity (civility, last name, first name);
- personal information (invoice and delivery address, e-mail address, telephone).
The chosen Products and the data entered by the Customer appear, before the conclusion of the contract, as a summary on the screen:
- to check the details of the order and its total price,
- indicating the limit date by which Miloe engages to deliver the Product if it is different from that indicated in Article 2.4 below,
- to identify any errors made in the data entry and to correct them
- mentioning clearly the commitment of the Customer in case of validation and payment.
After validation of the chosen Products and the data entered, the Customer is invited to pay his or her order online to validate it definitively, via a secure bank dedicated.
Miloe inform the receipt of orders without delay by email, precising the e-mail address to which the Customer can make any possible claim.
The confirmation e-mail indicates:
- the essential characteristic of the Products,
- the price including all French taxes included or, if applicable, including the value-added tax (VAT) of the Member State of the European Union in which the Products are delivered, and in any case excluding any fees and duties customs clearance,
- transportation costs,
- the existence of the right of retraction and its methods of exercise,
- after-sales service and commercial guarantees.
1.2 Right of retraction
This clause 1.2 is applicable only in case of sale à distance within the scope of Article L. 121-16 of the French Consumer Code, in case of sale concluded between Miloe and a consumer, without the simultaneous physical presence of the parties who use, for the conclusion of this contract, exclusively one or more techniques of communication in distance.
The Customer may exercise his right of retraction, without cause, within 14 (fourteen) working days after the receipt of the Product by returning it in its original package.
The retraction period runs from the day of receipt of the Product until the date of return indicated on the return package.
Customer must return the Product to Miloe:
- exclusively at : 33 rue de la Haie coq, 93300 Aubervilliers, France (phone: +331 48 11 98 67);
- by the transport company of his choice, precising that he or she takes charge of the return transport cost;
- within 14 (fourteen) working days, the post office or carrier stamp as a proof;
- attaching to any customs documents of his / her of the return product.
In case of exercise of the right of retraction within the period mentioned before, the price of the purchased product (s) and the transport costs will be refunded, the return costs being charged by the Customer.
The right of retraction, if carried out validly, allows the Customer to obtain the refund of his order within a maximum period of fourteen days.
In case of partial return of an order or deterioration of any returned Product, Miloe will refund the Customer for the value of the returned Products.
We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of retraction can not be exercised for damaged items. Sale or discounted items are not returned or exchanged.
1.3 Customer Service
Miloe engages to respond as quickly as possible, and at the latest 15 (fifteen) days, to any order or claim.
Customer service answers calls and letters in English, French or Chinese. The Customer is requested to use one of these languages in any communication.
After-sales service cis available on working days at Miloe's headquarters:
- Monday to Friday from 10:00 to 19:00 Saturday from 14:00 to 19:00 (Paris time): by telephone on +331 48 11 98 67 or by email: firstname.lastname@example.org
2. PRICEs, PAYMENT AND DELIVERY
Miloe is registered under the VAT number FR [59 804 965 994].
The prices indicated on the Site are by default in euros all French taxes included, on the basis of French Value Added Tax (VAT) 20%, excluding transport costs and excluding any costs and customs clearance fees.
The Customer must enter the delivery address of his order to know its price, including transport costs, except to any fees and customs clearance fees.
The Client is invited to respect the applicable tax provisions, and to not commit any abuse of rights, and Miloe is against the possible consequences of any no respect of this essential obligation.
Sale items cannot be returned or exchangeable beyond the 14 days of retraction.
2.2 transport costs
Unless expressly requested by the Customer, the delivery is made by " Colissimo" and invoiced in euros to the Customer.
2.3 Way of payment
Payment is immediate by credit card or Paypal.
2.4 Delivery times
Miloe uses the "La Poste-Colissimo suivi" delivery service to France and other countries in Europe.
As informed, the normal delivery time varies from 4 to 15 working days depending on the destination of the Products.
It is possible that a package for abroad is blocked at the customs in France and that could last until 1 month. Without news of your package within 15 days, please contact customer service.
Except in case of exception, if the delivery does not participate within the period of delivery, the Customer may request the resolution of the sale in accordance with Articles L. 121-20-3 and L. 114-1 paragraphs 2 and 3 of the Code de la consumption.
2.5 Damages during transport
The Customer must accept the product if the package does not contain any trace of shock or leakage. Miloe recommends the Customer to open the package and checking the product before signing the delivery note.
If this is not possible, the Customer is invited to formulate remarks about the condition of the goods by indicating on the delivery note, in particular "subject to verification of the poor condition of the package and describing the damage.
Miloe and its transport partner will take care of the transport risks and will compensate the Customer provided that the package is returned to the carrier with a motivated letter of complaint, a copy of which must be sent by e-mail to Miloe.
3. QUALITY GUARANTEE
3.1 International Guarantee of Miloe
Miloe ensures the perfect quality of its products, and gives them all its care from production to sale.
The sale of Authentic Miloe Products takes place exclusively in authorized flagship store, the list and information of which are updated from time to time in the Miloe catalogs and on the www.miloe.one website.
However, if a Miloe Product does not conform to Miloe's quality standards, the Customer benefits from an international contractual guarantee for two years after the purchase.
This guarantee is granted directly by all points of sale of Miloe mentioned above. The Miloe International guarantee applies for a normal use. Are bot guaranteed for aging, wear and deterioration due to the use of a perfume, as well as deterioration, breakage or loss resulting from an accidental circumstance, the intervention of a third party , improper use or lack of maintenance.
The international Miloe guarantee offers an exchange for an identical item whenever possible and, failing that, against a Product of similar value.
After checking the condition of the Product and the validity of the guarantee, Miloe indicates the expected time of a repair or an exchange.
3.2 The legal guarantee
Independently of the Miloe International Guarantee, the customer benefits, in France, from the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the code of the consumption and the guarantee relates to the defects of the thing sold, under the conditions in Articles 1641 to 1648 and 2232 of the Civil Code.
As such, Miloe is responsible for defects of the conformity of the product with the contract under the conditions mentioned before.
In case of lack of conformity, the Customer chooses to repair and replace the Product.
However, Miloe may not take cahrge if this choice causes a cost that is manifestly disproportionate compared with the other modality, considering the value of the Product or the extent of the defect. Miloe is then obliged to proceed, except impossibility, according to the modality not chosen by the Customer.
If the repair and replacement of the Product are impossible, the Customer may return the Product and be refunded the price or keep the Product and get a portion of the price, in accordance with the provisions of Article L. 211-10 code of consumption.
The provisions mentioned in Article L. 211-15 paragraph 4 of the Consumer Code are reproduced below.
Article L. 211-4 of the Consumer Code:
"The seller is required to deliver goods in accordance with the contract and is responsible for any lack of conformity existing during the delivery.
The seller is also responsible for any lack of conformity resulting from the package, instructions or installation when it under contract or has been carried out under his or her responsibility ".
Article L. 211-5 of the Consumer Code:
"To be in conformity with the contract, the product must:
1 ° Be fit for a use of expected for a similar one and, when necessary:
- correspond to the description given by the seller and have the qualities that he has presented to the customer in the form of a sample or a model;
- present the qualities that a customer may expect the description made by the seller, the producer or his representative, in particular in advertisement or label;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use looked for by the buyer, made known to the seller and that the latter has accepted ".
Article L. 211-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good".
Article 1648, first paragraph of the Civil Code:
"The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect".
4. USE OF WEBSITE
4.1 Legal mentions
Le Site est edited by IDEA TECH.
- Telephone : +33 (0)1 40 05 18 21
- E-mail : email@example.com
- Site : www.it8.fr
Le site est hébergé par la société OVH, 2 rue Kellermann 59100 Roubaix France
Tél : +33 (0)1 42 68 53 00
The website includes the infrastructure, including computer code, as well as content, especially the texts, sound, still or moving images, videos and databases.
Miloe cannot be held liable for direct or indirect damages, losses or costs resulting from the use of the website, or the impossibility to use it, or a bad function, an interruption due to handling or for any other cause, a virus, or a problem of connection or system.
4.4 Content of the Website
Miloe makes best efforts to ensure that the information accessible through their website is accurate. However, Miloe does not guarantee in any way that this information is accurate, complete and up-to-date.
Under no circumstances can Miloe be responsible for any direct or indirect damage resulting from the use of its Site.
The information on the Site and the pictures or representations are only indicative and neither their content nor their accuracy can be guaranteed. This information does not engage contractually. Miloe rejects all responsibilities for decisions that may be made from this information.
The content of the Site is subject to change without notice.
Miloe declines all responsibilities for the content available on other websites where links exist. Getting access to websites with the links to the Site is risky for the User.
Miloe also declines all responsibilities for all information and content of third-party sites which contain links to the Site.
4.6 Intellectual property
The Site and each of its elements are the exclusive property of Miloe and its partners. Only Miloe is entitled to use any intellectual property rights, including marks, designs, logos, graphics, photographs, animations, videos, texts, copyrights and image rights.
Any publication, reproduction, representation, or adaptation, in whole or in part, of the Site or any of its elements is prohibited as well as their alteration.
The rights granted by Miloe to the User are reserved for private and personal use. Any other use by the User is prohibited without immediate written authorization of Miloe.
The User are asked not to modify, copy, reproduce, download, distribute, transmit, exploit and / or distribute in any way any element of the Site, including the computer codes of the elements composing it.
All trademarks cited or used on the Site are the exclusive property of their respective owners.
4.7 Protection of privacy
The Site complies with the most stringent European and French standards relating to the protection of privacy and personal data, and in particular to Law No. 78-17 of 6 January 1978 relating to data, files and freedoms , modified by Law 2004-801 of August 6, 2004 integrating into French law Directive 95/46 / EC of October 24, 1995 on the protection of personal data and privacy in the European Union, and Law no. 2004-575 of 21 June 2004 known as "confidence in the digital economy" transposing into French law Directive 2000/31 / EC of 8 June 2000 on electronic commerce and Directive 2002/58 / EC of 12 July 2002 on the protection of personal data and privacy in electronic communications.
4.8 Personal data
In certain circumstances, the User provides personal information about him or her. They are processed automatically and are uses by Miloe and his partners.
Some information is required to access to the service or perform the desired operation.
In accordance with the law of 6 January 1978 modified above, the User has a right of access, rectification or deletion concerning his personal data, by sending an e-mail on our Contacts page or by sending a mail to the following address: 33 rue de la Haie coq, 93300 Aubervilliers France.
This information is used to make the service display personalized content, make a commercial offer about the products and services of Miloe and its partners.
Personal data collected will not be rented, sold or loaned to a third party without reminding the User. Any transfer or provision of data may only occur with the prior permission of the User or with opposition from his or her part.
Miloe ensures the security of the data that is stored in a secure center.
4.9 Non-personal information
Also collected are non-personal information (such as countries, connection times, navigation on the Site) which allows to know how the user has access to the Site and how he or she uses it, as well as technical information (such type of Internet browser used, type of operating system used, access provider, pages visited, IP address of the computer used).
This non-personal information is not intended to identify the User. They are collected automatically, when the User connects to the Site and uses it, through:
- a) its IP address (Internet Protocol),
- b) possibly cookies, files transferred to the hard disk of the User's computer. They optimize the navigation on the Site and facilitate the collection of non-personal information mentioned above.
Cookies are also used when the User accesses to restricted, secured or restricted areas of the Site.
If the User wishes that these cookies are not transferred to his hard drive, or be warned before, he can neutralize them by configuring his browser software. The User must follow the instructions provided by his browser on this subject.
These data are primarily intended for the purpose of compiling statistics on the use and use of the Site.
5. RULES GOVERNING THE TERMS OF SALES
5.1 Applicable law, litigation and disputes
The TS are governed by French law, and applied and interpreted in accordance with this law.
In the event of a dispute, the Parties may resort to a conventional mediation or other alternative resolution process.
In the absence of an amicable settlement of their dispute, for any dispute in relation to the GSC, the Parties grant exclusive jurisdiction to the French courts, and specifically to the courts of the city of Paris, to know, in all cases where the provisions in force allow it. It is expressly stipulated that this clause conferring jurisdiction does not apply to a French consumer.
5.2 Completeness of the agreement
The Parties expressly declare that the TS express their entire agreement with regard to their object matter, and that they cancel and replace all previous agreements between them in relation to this object.
Autonomy, adaptation and modification
If any provision of the TS is voidable, the stipulation concerned will not be applied but the other stipulations of the TS will remain in force.
Computation of deadlines
Deadlines are calculated in accordance with Articles 640 to 642 of the French Code of Civil Procedure.
Any order in France is free for any order over 25 euros. Free delivery in other countries in Europe for an order over 50 euros.
échange et remboursement
Any article could be exchanged and refunded 14 days after receiving it.