1. Acceptance of the general conditions of sale

The terms and conditions below are applicable to all orders placed by the client (hereinafter, referred as « you ») to the Maison Mila-Malou through mila-malou.fr website.

By placing your order on mila-malou.fr, you agree to be bound by the rules and conditions set below. Please, make sure to fully read and understand the terms and conditions before placing your order.

 

2. Order

To place an order proposal for one or more products on mila-malou.fr, you must fill out the online form and send it electronically, following the relevant instructions. Your order proposal is an irrevocable offer to buy the products.

 

3. Products description

The main characteristics of the products are shown on each product page on mila-malou.fr. The images and colours of the products displayed on mila-malou.fr may not correspond exactly to the true garments due to the internet browser or monitor used. All products come with an identification swing ticket with a disposable seal attached : please note that swing ticket constitutes an integral part of each product.

 

4. Price indication

On mila-malou.fr, the prices are indicated in euros. Prices are not subject to VAT (article 293 B of CGI). Prices include the order processing cost but they exclude shipping cost. The shipping cost depends on the order : once the shipping cost is calculated, the total cost is shown on the cart page.

The Maison Mila-Malou has the possibility to change the prices at any moment, however the prices on mila-malou.fr website on the day of the order are the only ones applied to the client.

 

5. Legal guarantees

All articles on sale on mila-malou.fr benefit from the legal guarantee of conformity (provided for by articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), to the exclusion of any other warranty. You are informed that Maison Mila-Malou, whose registered office is L-D Les Petits-Bois – 03190 Saint-Caprais, is the guarantor of the compliance of the articles with the contract within the framework of these two legal guarantees.

·         Warranty against hidden defects:

Section 1641 of the French Civil Code : the seller is obliged to provide a warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would have not purchased it, or would have paid a lower price if he/she had known.

Section 1643 of the French Civil Code : the seller is liable for latent defects, even if he or she was not aware of them, unless he or she has stipulated not to be bound to any guarantee.

Section 1644 of the French Civil Code : in the case of sections 1641 and 1643, the purchaser has the choice of either returning the goods and receiving a refund of the price paid, or of keeping the goods and receiving a portion of the price paid.

Section 1646 of the French Civil Code : where the seller was not aware of the defects, he or she is only liable to refund the price paid and reimburse the purchaser for any costs incurred by the sale.

Section 1648 paragraph 1 of the French Civil Code : the action resulting from hidden defects must be filed by the purchaser within two years after discovery of the defect.

·         Warranty of conformity

Section L. 217-4 of the French Consumer Code : the seller must deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility.

Section L. 217-5 of the French Consumer Code : to comply with the contract, the item must :

1 / be suitable for the purpose usually expected of a similar item, and where appropriate :

- correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model ;

- feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling ; 

2/ or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

Section L.217-7 paragraph 1 of the French Consumer Code : the conformity defects appearing within six months from the delivery of the item are presumed to have existed at the moment of the delivery, unless it is proven otherwise.

Section L. 217-9 of the French Consumer Code : In the event of a compliance defect, the buyer may choose between product repair and replacement. However, the seller may decide not to proceed according to the buyer’s choice if this choice involves a cost which is manifestly disproportionate compared with the other choice, given the value of the goods or the importance of the defect. He is then required to proceed according to the method not chosen by the buyer, unless this proves impossible.

Section L. 217-10 of the French Consumer Code : if the goods cannot be repaired or replaced, the buyer may return them and secure a refund of the price or retain the goods and secure a refund of part of the price. The same right is available :

if the solution requested, offered or agreed under section L. 217-9 cannot be implemented within a month of the complaint from the buyer ;

or if the solution cannot be implemented without a major drawback for the buyer in view of the nature of the goods and the usage sought.
The sale may not however be cancelled if the lack of conformity is minor.

Section L. 217-11 of the French Consumer Code : the provisions of sections L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. Those same provisions shall not impede the awarding of damages.

Section L 211-12 of the French Consumer Code : the action resulting from lack of compliance is recorded within two years after delivery of the goods.

 

6. Payment

The Order is payable immediately, by credit card (CB, Visa, MasterCard…), or Paypal account. When you accept the payment, you are confirming that you are the owner of the credit card or the legitimate holder of the PayPal account
All your transactions are 100% secured by Paypal, subject to the 3D Secure device and compliant with European regulations.

In case the payment pre-authorization is denied by your bank, we will not be liable for any delay or non-delivery.

 

7. Delivery
The items offered for sale can be delivered in metropolitan France, and Monaco.
You will be receive delivery to the address specified when ordering. You are informed that it is your responsibility to provide exactly the details necessary for the proper routing of your order and the perfect delivery (access code, access specification, etc.). If You are absent at the time of delivery, a notice of transit informs you of the conditions of the retention of your parcel and its availability, under the full and exclusive responsibility of the carrier. If the delivery address entered by you is invalid and therefore induces a return of the parcel for non-receipt at the indicated address, the expenses of reshipment of the parcel to the new address transmitted will be at your expense.

You will receive by e-mail a shipping confirmation of your Order, as well as a link to the website of the carrier allowing the tracking of your package. In order to preserve the environment, no invoice / delivery note will be included in the package. You can have access to your invoice summarizing the articles ordered and delivered to the "My Account" section of mila-malou.fr. Nevertheless, you have the possibility of requesting your receipt when you order. This request must be made on the "Message about Your Order" filed.

We do not accept deliveries to hotels, post office boxes, an address marked "Postal Sector", Poste restante or to Armed Forces post office boxes.
Deliveries are made by La Poste or Colissimo services.

 

8. Return policy

Pursuant to Directive 2011/83/EU of the European Parliament and of the Council on October 25, 2011 regarding consumer rights and law no. 2014-344 of March 17, 2014 as implemented in Articles L. 221-18 and following of the Consumer Code, all consumers have the right to cancel their order at any time within 14 calendar days following the date on which they received the item(s) without being required to provide a reason or pay penalties. Any retraction made beyond this 14 day period mentioned above can not be accepted.

In order to do this, you can go to our website under "My Account" then "My orders" and initiate the return process.

You will need to note the return number you have generated via your customer space on the return slip, which can also be downloaded from the same space.
Please ensure that all the sections requested on the return form are entered legibly, in order that we can process your request properly.
You must then insert the completed return form into your parcel so that we can proceed with the refund under the best conditions.

You must then send us your item within fourteen days at the latest after notifying us of your decision to cancel by using the downloadable (from your customer space), pre-filled and prepaid return label.

Postage and return costs are completely free from metropolitan France and Monaco. However, the return of the products are at the charge of the client if the delivery point is outside of metropolitan France or Monaco.

If you decide not to use the downloadable (from your customer space), pre-filled and prepaid return label and to use another carrier, you will be responsible for paying the return costs for the products purchased. In this caseyou will be responsible for the costs of the shipment. Any liability in the event of loss or damage to goods during return shipping will remain your responsibility.

In accordance with Article L. 221-23 of the French Consumer Code, you may be liable for the depreciation of the property resulting from manipulations other than those necessary to ensure its nature, quality and proper functioning. In particular, please ensure that:
a. the products have not been used, worn or washed,
b. the identification tag, which is an integral part of the product, is still attached to the product,
c. the products shall be returned in their original packaging or, failing that, in a packaging guaranteeing equivalent protection,
d. the products are undamaged.

If you wish to exercise your right to withdrawal, you can also notify us by using this cancellation form which you should send via e-mail to contact@mila-malou.fr or by post at Maison Mila-Malou – Les Petits-Bois – 03190 Saint-Caprais   FRANCE

    

Article L221-18 

The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone call or outside the establishment, without having to give reasons for its decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first subparagraph shall run from the day:
1° on which the contract is concluded, for contracts for the provision of services and those referred to in Article L. 221-4 ;
2° on which the goods are received by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods. For contracts concluded outside the establishment, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately, or in the case of an order for a good consisting of lots or multiple parts delivered over a defined period of time, the time limit shall run from receipt of the last good or lot or of the last part.
For contracts providing for the regular delivery of goods for a defined period of time, the period shall run from the date of receipt of the first good.

Article L221-19 
Pursuant to Council Regulation No 1182/71/EEC of 3 June 1971 determining the rules applicable to time limits, dates and terms:
1° The day on which the contract is concluded or the day on which the property is received shall not be counted within the period referred to in Article L. 221-18; 

2° The period begins at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period;

3°  If this period expires on a Saturday, a Sunday or a holiday or other holiday, it shall be extended until the next working day.

   

9. Exchange and refund

For any return, you can request an exchange, a credit or a refund, according to your wish.

 

10. Intellectual property

The entirety of the contents posted on mila-malou.fr is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the French Code of Intellectual Property, only private use is authorized. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by the Maison Mila-Malou.
Any person having an internet site wishing to place on his site a simple link directly to the mila-malou.fr site must request authorization from the Maison Mila-Malou at contact@mila-malou.fr.

11. Disputes, applicable law and jurisdiction

In the event that a dispute arises, you undertake to seek an amicable solution before any legal action. Your claims must be submitted to the Maison Mila-Malou by email to the following address : contact@mila-malou.fr.

In accordance with Article L. 612-1 of the Consumer Code, you can contact the MEDICYS mediation service on the following web page : medicys-consommation.fr

Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.

The use of mila-malou.fr website and all the purchase contracts placed on mila-malou.fr are subject to French law. Mila-malou.fr website use and purchase contracts generated by it fall within the jurisdiction of French courts and tribunals.

The use of mila-malou.fr website and all the purchase contracts placed on mila-malou.fr are subject to French law. Mila-malou.fr website use and purchase contracts generated by it fall within the jurisdiction of French courts and tribunals.