Terms of sale
The provisions below establish the general conditions of sale of the products offered by the company ALAIN MILLIAT on its website www.alain-milliat.com Any order of a product offered for sale on the site www.alain-milliat.com implies acceptance of these general conditions of sale.
Article 1: object
This contract determines the rights and obligations of the company ALAIN MILLIAT SAS and of the Customer in the context of the sale of the goods offered through the website www.alain-milliat.com These general conditions of sale constitute all the rights and obligations of the company ALAIN MILLIAT SAS and of the Customer in the context of the sale of the goods offered on the site www.alain-milliat.com without any other condition being able to be integrated therein. ALAIN MILLIAT SAS reserves the right to modify these conditions at any time.
Article 2 – The offer of the site
The products offered for sale comply with the French legislation in force and the standards applicable in France on the date of purchase. The prices are indicated with VAT included but do not include delivery costs. Delivery costs may be free depending on the conditions of volume and value of the order. This information appears at the time of the order. Sale prices can be modified at any time. The customer is aware that the property will be delivered to him by post.
Article 3 - The customer's obligations
The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site. The Customer undertakes to communicate to ALAIN MILLIAT the actual and necessary information for the performance of the service covered by these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone. and valid email. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the recovery of which would be unlawful. Once the order has been placed, ALAIN MILLIAT sends the Customer an e-mail confirming it. He informs him of the dispatch of the Products. The Customer can modify his data in the “My account” section.
Article 4 – Order
The registration of an order on the e-commerce store and its validation by the buyer occurs when the buyer chooses to click on “Pay my order”. This registration implies acceptance of all of these General Conditions of Sale and constitutes proof of the date of signing. The Purchaser's order will be confirmed by ALAIN MILLIAT SAS by e-mail. ALAIN MILLIAT reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order. ALAIN MILLIAT informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation. If, despite the vigilance of ALAIN MILLIAT, the products are unavailable, ALAIN MILLIAT will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, where applicable, for the sums already paid.
Article 5 - Secure payment
All orders are payable in euros. ALAIN MILLIAT SAS reserves the right to suspend or cancel any order and/or delivery, whatever its nature and its level of execution, in the event of non-payment or incident which would be due by the Buyer For pay for his order, the Buyer has the following payment methods: CB, Carte Bleu Maestro, e-carteBleue, Mastercard, Visa, Visa Electron For payment by credit card, the debit is made when the order is validated at the provided you have previously obtained authorization to debit your account from the competent payment centers, failing which the order could not be taken into account. The payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement concluded between the customer and his banking establishment. Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. The articles will be invoiced on the basis of the rates in force at the time of the registration of the order.
Article 6 – Right and period of withdrawal
Any customer who is not satisfied with the products ordered on the website has the possibility, under certain conditions, to exercise his right of withdrawal for this order within 14 days from the day of receipt of the product(s). (s). To exercise the right of withdrawal, the customer must notify his decision to withdraw in writing to ALAIN MILLIAT SAS by completing the withdrawal form.
In the event of exercise of the right of withdrawal, the customer must return the product(s) to the address of ALAIN MILLIAT SAS no later than 14 days after the customer has communicated his decision to withdraw.
The product must be returned, complete, intact and in its original packaging. The customer bears the direct costs of the return.
In the event of a valid withdrawal, ALAIN MILLIAT SAS will reimburse the customer for all sums paid, including delivery costs (with the exception of additional costs arising from the fact that the customer has chosen a delivery method other than the less expensive mode of standard delivery offered on the Site) no later than 14 days from the day on which ALAIN MILLIAT SAS was informed of the decision to withdraw. ALAIN MILLIAT SAS reserves the right to defer reimbursement until the product is recovered or until the customer has provided proof of shipment of the product; the date chosen being that of the first of these events.
ALAIN MILLIAT SAS proceeds with the refund using the same means of payment as that used for the initial transaction, unless the customer requests the exchange of the product.
The responsibility of the customer is engaged in the event of depreciation of the returned product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product. These manipulations are those that a consumer can carry out in a store for the products offered for sale there.
It is recalled that the right of withdrawal does not apply to products:
- likely to deteriorate or expire rapidly;
- which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.
To exercise your right of withdrawal,meet on thewithdrawal form.
Article 7 – Reimbursement method
The refund following the exercise of the right of withdrawal will be made within a maximum period of 14 days from receipt of the goods in our warehouses. The customer can also request the exchange of the product.
Article 8 – Delivery
ALAIN MILLIAT undertakes to deliver the customer's order within a maximum period of 30 days from the date of validation of the order. The products are delivered to the address indicated by the consumer on the order form, in metropolitan France. The minimum order is €10 including tax, excluding shipping costs. Invoices will be sent by e-mail to the e-mail address indicated by the customer when creating the customer account or when placing the order. Any complaint must be sent in writing to the above address. In the event of damage to the products, the customer undertakes to report these non-conformities by mail accompanied by photographs representing the damage within 3 days of receipt of the package. The ALAIN MILLIAT company then undertakes to reimburse or exchange the product according to the customer's wishes. The ALAIN MILLIAT company does its utmost to respect the delivery date chosen by the customer when examining his order. Delivery in mainland France is provided by DPD, and the shipping costs are:
- 6.90 Euros for an order of less than 59 Euros.
- free from 59 Euros of purchase.
Please note that an order processing time necessarily applies. No order can be processed or shipped during weekends and public holidays.
Article 9 - Legal guarantees
“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
“The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.
“The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
“The consumer is not entitled to rescind the sale if the lack of conformity is minor.
“Any period of immobilization of the good for its repair or its replacement suspends the guarantee which remained to run until the delivery of the restored good.
“The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
"The seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover. (article L. 241-5 of the consumer code).
“The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property. »
In addition to the rules mentioned above, it is recalled that the products offered for sale on the Site are perishable and are likely to deteriorate rapidly due to their food nature. Products should be stored in a cool, moisture-free place or in a refrigerator when indicated. The products must be consumed before their expiry date.
Consequently, are not considered as defects of conformity or hidden defects, the alterations of the products which result from:
- deterioration or normal aging of the product;
- storage of the product in abnormal or non-compliant conditions;
- the actual appearance of the product which may differ slightly from the photo of the product on the Site.
Article 10 – Applicable law
The parties agree that these general conditions of sale are subject to the application of French law.
Article 11 – Settlement of disputes
In the event of a dispute relating to an order, the interpretation or the execution of these general conditions of sale, the customer is invited to contact ALAIN MILLIAT's Customer Service. The parties will then seek to reach an amicable agreement.
If no agreement is reached amicably, the customer has the right to contact the following consumer mediator free of charge:
MEDIATION CONSO DROME
10 Place des Clercs
26000 VALENCE
Such. : + 33 (0) 7 88 82 55 42
Mail : mediationconsodrome@gmail.com
Site : mediation-conso-drome.org
Failing agreement at the end of the mediation, the dispute will be submitted to the competent French courts.
Article 12 – Force majeure
The parties cannot be held liable when the failure to perform the respective obligations is due to force majeure. Are considered as cases of force majeure, strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises and production or other facilities, manufacturing incidents, transport disruptions, supply difficulties and any other fortuitous event which prevents or delays totally or partially the performance of ALAIN MILLIAT's obligations. The event of force majeure, envisaged above, suspends the execution of the contract; if the force majeure event lasts longer than one (1) month, the customer would then have the option of canceling the order in progress and it would then be reimbursed under the conditions set out in Article 7.
Article 13 – Partial invalidity
If one or more stipulations of the general conditions of sale were to be deemed illegal, these illegalities would not result in the nullity of the other conditions which would then retain their force and scope.
Article 14 – Liability
ALAIN MILLIAT cannot be held responsible for any consequential damages that may arise from the purchase of a product.
Article 15 - Intellectual property
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.). This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of ALAIN MILLIAT. In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full property of ALAIN MILLIAT. The Customer is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products where applicable, or register a trademark that would prejudice the holder of the rights, unless otherwise provided by contract. The same applies to any other intellectual property right
Article 16 - Consumer mediator
MEDIATION CONSO DROME
10 Place des Clercs
26000 VALENCE
Such. : + 33 (0) 7 88 82 55 42
Mail : mediationconsodrome@gmail.com
Site : mediation-conso-drome.org