General conditions of sale
GENERAL CONDITIONS OF SALE
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by GROUPE VLA.
1.2 Any Order placed on the website https://milofidcx.com implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and the Sole Proprietorship. They are fully enforceable against the Customer, who declares that he has read and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by a natural person of full age acting as a consumer. The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having full capacity to commit when placing an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name of or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions.
Professionals who wish to place an Order with the Individual Enterprise are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. The Sole Proprietorship reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions can be viewed on the Sole Proprietorship's website at the following address: https://milofidcx.com and can be downloaded in pdf format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once his/her selection is complete, he/she must confirm his/her basket to proceed to the Order (1st click)
At this stage, the Client is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to him to check and possibly correct the contents of his basket.
These General Terms and Conditions. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on their part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceed to pay for his Order.
After validating his Order and making his payment, the Customer receives, on the email address he provided to create his account, a confirmation message from the Individual Company. This message contains, in pdf format:
The summary of his order (Product selected, price, terms and delivery costs);
The precise identification of GROUPE VLA and its activity;
The Order number;
The terms, conditions and withdrawal form;
These T&Cs in pdf format.
In the event of non-receipt of confirmation of the Order, the Customer is recommended to contact the Individual Company via the contact form on the site.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by the Individual Enterprise
The Sole Proprietorship reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the T&Cs;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the websites of the Individual Enterprise, as well as, where applicable, information on the use of the product.
Although milofidcx Individuelle takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by milofidcx Individuelle's suppliers. Accordingly, milofidcx Individuelle assumes no liability for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices are specified on the websites of the Individual Company.
3.2 Availability of Products
Product offers are valid within the limits of available stocks at our suppliers. This availability of Products is normally indicated on the specific Product page.
However, to the extent that the Sole Proprietorship does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Sole Proprietorship will immediately inform the Customer by email. The Order will be automatically cancelled and the Sole Proprietorship will refund the price of the Product initially ordered, as well as any sum paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a range of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the range of brands is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated inclusive of all taxes. The Individual Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.
4.3 Product prices
To the extent that many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of the Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding taxes (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Product(s) do not include the costs of packaging, conditioning, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be asked to pay import VAT. To the extent that this tax is not the responsibility of the Sole Proprietorship, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Individual Enterprise has no control over these duties and amounts.
They will be the responsibility of the Client and are his responsibility (declarations, payment to the competent authorities, etc.). The Sole Proprietorship therefore invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Sole Proprietorship may, exceptionally, grant payment in several installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Sole Proprietorship has no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting the Sole Proprietorship's Customer Service at the following address 1063234165@qq.com .
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment via Paypal:
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of recourse to this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to these General Conditions of Sale.
Payment by vouchers and/or promo codes
The vouchers and/or promotional codes issued by the Individual Enterprise may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Individual Enterprise may proceed to the pure and simple cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Individual Enterprise reserves the right to suspend and/or cancel said Order.
The Sole Proprietorship reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Individual Enterprise reserves the right to set up an Order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or post to the Individual Enterprise a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before validating the Order, the Individual Enterprise communicates to the Customer information concerning the different delivery methods as well as their respective rates. Following the choice of the delivery method by the Customer, the Individual Enterprise communicates to him an estimate of the delivery time.
The Sole Proprietorship will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of difficulty, the Sole Proprietorship undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Shipping Costs"). These shipping costs are included in the final price invoiced to the Customer when placing the Order. However, any customs fees are not included in the price invoiced to the Customer by the Sole Proprietorship.
Depending on the terms chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the information provided for delivery as they remain solely responsible in the event of failure to deliver due to incomplete or incorrect information.
6.2. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of an anomaly being noted, the Customer must contact the Customer Service of the Individual Enterprise within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this time limit cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
Of the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
Concluded at a public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise his right of withdrawal, the Client must inform the Sole Proprietorship of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Date of order and receipt:
Order number:
Tracking number for the withdrawal request:
Customer Name:
Customer Address:
Signature of the Client: (only if this form is notified on paper)
Date :
This form must be sent to the Individual Enterprise at one of the following addresses:
electronic submission, to the address:
1063234165@qq.com
The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Sole Proprietorship in its original packaging, the return costs being the exclusive responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow for resale by the Individual Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Individual Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Individual Enterprise will reimburse the entire amount paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Individual Enterprise will only reimburse after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Individual Enterprise, data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the legal and regulatory obligations of the Individual Enterprise. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process the Order.
This data is intended for internal use by the Sole Proprietorship but may be transmitted to companies that contribute to the performance of the service, including in particular those that ensure the delivery of Products or ensure the processing of payments.
Regarding this personal data, the Client has several rights:
Right of access to personal data concerning him/her;
Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and retention of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent the Individual Enterprise from complying with its regulatory and legal obligations;
Right to object to data processing (in particular in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data
Right to withdraw consent to the performance of certain processing operations (processing operations carried out before withdrawal of consent remain lawful)
Right to lodge a complaint with the CNIL.
The request must include the Client's email address, surname, first name, postal address and must be accompanied by a copy of both sides of the Client's identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the Site do not entail any transfer of intellectual property on the Products sold.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Individual Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE
The Sole Proprietorship shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of an unforeseeable event or force majeure that would prevent its performance. The Sole Proprietorship shall notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set forth herein, the Sole Proprietorship shall in no event be held liable for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Sole Proprietorship.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Individual Enterprise reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the General Terms and Conditions, or in general the applicable legal provisions, without prejudice to any damages that the Individual Enterprise may seek.
Any person whose account has been suspended or closed will not be able to subsequently order or create a new account on the Site without the prior authorization of the Individual Enterprise.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Individual Enterprise constitutes proof of all transactions.
With each Order, the Order summary is sent by email to the Customer and archived on the website of the Individual Enterprise.
The archiving of communications between the Sole Proprietorship and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Client and the Sole Proprietorship. They may be produced as proof of the Contract.
The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Client will have access to the archived elements upon simple request to the address 1063234165@qq.com .
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the provisions of these General Terms and Conditions are void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the Sole Proprietorship in the application of all or part of the commitments made under these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Client.
Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION
These T&Cs are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.
DISPUTE – CONSUMER MEDIATION
In the event of a dispute between the Customer and the company, they will endeavour to resolve it amicably (the Customer will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the Consumer Code, namely:
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux
December 2, 2022.
