Terms and conditions
TERMS AND CONDITIONS OF SALE
1. PURPOSE
1.1 THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE (HEREINAFTER REFERRED TO AS THE " GTC "ALL ORDERS PLACED WITH LANDRES STÉPHANE (HEREINAFTER "MILLOU"), WHOSE REGISTERED OFFICE IS AT 16 RUE DE LA PÉPINIÈRE 6600 BASTOGNE, REGISTERED WITH THE BANQUE CARREFOUR DES ENTREPRISES UNDER NUMBER 1004.291.577, IN PARTICULAR VIA THE INTERNET SITE HTTP://WWW.MILLOU.SHOP (HEREINAFTER, THE " SITE ").
1.2 THE CGV ARE ATTACHED TO THE OFFER WHEN THE ORDER IS PLACED AND ARE AVAILABLE ONLINE ON THE SITE. BY TICKING THE APPROPRIATE BOX AT THE TIME OF ORDERING, THE PERSON WISHING TO PLACE AN ORDER (HEREINAFTER REFERRED TO AS THE "CUSTOMER") AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. BUYER ") ACKNOWLEDGES HAVING READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS IN THEIR ENTIRETY.
1.3 THE CONTRACTUAL RELATIONSHIP BETWEEN MILLOU.BE AND THE BUYER IS GOVERNED BY THE PRESENT CGV, THE GENERAL CONDITIONS OF USE AND THE PRIVACY POLICY AVAILABLE ON THE SITE, TO THE EXCLUSION OF ANY GENERAL CONDITIONS OF THE BUYER.
2. PRODUCT FEATURES
2.1 MILLOU.BE HAS DEVELOPED CLOTHING AND ACCESSORIES FOR WOMEN AND MEN (HEREINAFTER REFERRED TO AS THE "PRODUCT(S)"). PRODUCT(S) "). MORE INFORMATION ABOUT THE PRODUCT CAN BE FOUND ON THE WEBSITE.
2.2 THE PRODUCT(S) IS (ARE) PURCHASED VIA THE CONTROL SYSTEM DESCRIBED BELOW (SEE POINT 3).
3. ORDER CONDITIONS
3.1 THE SITE OFFERS THE POSSIBILITY OF PLACING AN ORDER FOR ONE OR MORE PRODUCTS. TO PLACE AN ORDER, THE PURCHASER MUST FOLLOW THE ORDERING PROCEDURE PROVIDED ON THE SITE, WHICH INCLUDES :
- COMMUNICATION OF PERSONAL CONTACT DATA (SURNAME, FIRST NAME, POSTAL ADDRESS, TELEPHONE NUMBER, EMAIL);
- COMMUNICATION OF THE DESIRED DELIVERY ADDRESS;
- CHOICE OF DELIVERY METHOD ;
- CHOICE OF PAYMENT METHOD ;
- VERIFICATION OF INFORMATION ENTERED ;
- ACKNOWLEDGING AND APPROVING THE CGV ;
- VALIDATE THE ORDER BY CLICKING ON THE "VALIDATE YOUR ORDER" BUTTON;
- WHERE APPLICABLE, PAYMENT VIA THE SITE'S INTEGRATED PAYMENT SYSTEM;
- CONFIRMATION OF THE ORDER BY EMAIL, ACCOMPANIED, WHERE APPLICABLE, BY THE INVOICE PAYABLE WITHIN 30 DAYS.
3.2 THE FINAL VALIDATION OF THE ORDER BY CLICKING ON THE "ORDER" BUTTON CONSTITUTES AN ELECTRONIC SIGNATURE WHICH COMMITS THE BUYER IN THE SAME WAY AS A HANDWRITTEN SIGNATURE AND IMPLIES THE OBLIGATION TO PAY.
3.3 ORDERS WILL ONLY BE PROCESSED ONCE PAYMENT HAS BEEN ACCEPTED BY MILLOU.BE'S BANK. IN THE ABSENCE OF PAYMENT WITHIN THIRTY (30) CALENDAR DAYS OF THE ORDER, MILLOU.BE RESERVES THE RIGHT TO CANCEL THE ORDER.
3.4 THE ORDER OF PRODUCT(S) IS RESERVED FOR NATURAL PERSONS OF LEGAL AGE, ACTING FOR PRIVATE PURPOSES AND RESIDING IN A MEMBER STATE OF THE EUROPEAN UNION. ANY ORDER NOT COMPLYING WITH THESE CONDITIONS MAY BE CANCELLED BY MILLOU.BE.
4. PRICES AND TERMS OF PAYMENT
4.1 PRICES ARE GIVEN IN EUROS (EUR) AND INCLUDE ALL TAXES (TTC) BUT EXCLUDE SHIPPING AND DELIVERY COSTS. SHIPPING COSTS MAY VARY ACCORDING TO THE NUMBER OF PRODUCTS ORDERED. THE CHOICE OF A DELIVERY METHOD AND THE RELATED COSTS ARE ADDED DURING THE ORDERING PROCESS (SEE POINT 3.1).
4.2 PAYMENT FOR THE PRODUCT(S) IS MADE WHEN THE ORDER IS PLACED AND IN TWO WAYS:
- BY CREDIT CARD ( HIPAY MODULE ) ;
- BY PAYPAL ;
5. DELIVERY
5.1 THE DELIVERY TIME FOR THE PRODUCT(S) IS GIVEN AS AN INDICATION WHEN THE ORDER IS PLACED. MILLOU.BE MAKES EVERY EFFORT TO ENSURE THAT DELIVERY TIMES ARE RESPECTED. EXCEEDING THIS TIME, PARTICULARLY IN THE EVENT OF STOCK SHORTAGE, SHALL NOT GIVE RISE TO ANY CLAIM FOR COMPENSATION ON THE PART OF THE PURCHASER. DELIVERY TIMES ARE VALID FROM THE MOMENT OF RECEIPT OF THE CONFIRMATION E-MAIL.
5.2 IN ACCORDANCE WITH THE LAW, THE TRANSFER OF RISK TAKES PLACE AT THE TIME OF DELIVERY. IT IS THE PURCHASER'S RESPONSIBILITY TO CHECK THE CONFORMITY OF THE PRODUCT(S) (CONDITION, CHARACTERISTICS, ABSENCE OF DEFECT, QUANTITY, ETC.) AT THE TIME OF RECEIPT, IN THE PRESENCE OF THE CARRIER, IF APPLICABLE. ANY DISPUTE CONCERNING THE CONFORMITY OF THE PRODUCT(S) DELIVERED MUST BE INDICATED ON THE DELIVERY NOTE AND COMMUNICATED TO THE CARRIER, AS WELL AS TO MILLOU.BE.
6. LEGAL WARRANTY
6.1 IN ACCORDANCE WITH THE LAW, THE PURCHASER IS ENTITLED TO THE GUARANTEE RELATING TO CONSUMER GOODS PROVIDED FOR IN ARTICLES 1649 BIS TO 1649 OCTIES OF THE CIVIL CODE. THE PRESENT CGV DOES NOT AFFECT THESE RIGHTS.
6.2 HOWEVER, THE WARRANTY DOES NOT APPLY IF THE DEFECT IS DUE TO MISHANDLING, DETERIORATION OR IMPROPER USE OF THE PRODUCT BY THE PURCHASER.
7. RIGHT OF WITHDRAWAL
7.1 IN ACCORDANCE WITH THE LAW, THE BUYER HAS THE RIGHT TO WITHDRAW FROM THE CONTRACT WITHOUT GIVING ANY REASON WITHIN FOURTEEN (14) DAYS OF DELIVERY OF THE PRODUCT(S).
7.2 TO EXERCISE THIS RIGHT, SIMPLY NOTIFY YOUR DECISION TO WITHDRAW WITHIN THIS PERIOD BY MEANS OF AN UNAMBIGUOUS STATEMENT BY POST OR E-MAIL.
7.3 IN THE EVENT OF WITHDRAWAL, MILLOU.BE WILL REIMBURSE THE PRICE OF THE PRODUCT(S), INCLUDING DELIVERY COSTS (WITH THE EXCEPTION OF ADDITIONAL COSTS ARISING FROM THE FACT THAT YOU HAVE CHOSEN, WHERE APPLICABLE, A DELIVERY METHOD OTHER THAN THE LEAST EXPENSIVE METHOD OFFERED) WITHOUT UNDUE DELAY AND, IN ANY EVENT, NO LATER THAN FOURTEEN (14) DAYS FROM THE DATE OF NOTIFICATION OF THE DECISION TO WITHDRAW, UNLESS THE PRODUCT(S) HAVE NOT BEEN RETURNED WITHIN THIS PERIOD. IN THIS CASE, REIMBURSEMENT WILL BE MADE UPON RECEIPT OF THE PRODUCT(S). UNLESS EXPRESSLY REQUESTED OTHERWISE, THE REFUND WILL BE MADE BY THE SAME MEANS OF PAYMENT AS THAT USED FOR THE INITIAL PAYMENT AND WILL NOT INCUR ANY ADDITIONAL CHARGES.
7.4 IN THE EVENT OF WITHDRAWAL, THE PURCHASER MUST RETURN THE PRODUCT(S) TO MILLOU.BE WITHOUT UNDUE DELAY AND, IN ANY EVENT, NO LATER THAN FOURTEEN (14) DAYS FROM THE DATE OF NOTIFICATION OF THE DECISION TO WITHDRAW. THE COST OF RETURNING THE PRODUCT(S) SHALL BE BORNE BY THE PURCHASER.
7.5 THE PURCHASER IS ONLY LIABLE FOR ANY DEPRECIATION OF THE PRODUCT(S) RESULTING FROM HANDLING OTHER THAN THAT NECESSARY TO ESTABLISH THE NATURE AND CHARACTERISTICS OF THE PRODUCT(S).
8. LIABILITY
8.1 MILLOU.BE CANNOT BE HELD LIABLE IN THE EVENT OF FORTUITOUS CIRCUMSTANCES OR FORCE MAJEURE (SEE POINT 10).
8.2 MILLOU.BE'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO ANY DIRECT DAMAGE AND SHALL IN NO EVENT BE INCURRED FOR INDIRECT DAMAGE SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFIT, COMMERCIAL LOSS, LOSS OF DATA, LOSS OF TIME, DEFICITS OR ANY OTHER FORM OF INDIRECT DAMAGE.
8.3 MILLOU.BE CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE INHERENT IN THE USE OF THE INTERNET.
8.4 WITHOUT PREJUDICE TO THE RIGHT OF WITHDRAWAL UNDER POINT 7, TO BE VALID, ANY COMPLAINT BY THE PURCHASER MUST BE COMMUNICATED IN WRITING WITHIN EIGHT (8) CALENDAR DAYS OF BECOMING AWARE OF THE EVENT GIVING RISE TO THE COMPLAINT. THE ABSENCE OF ANY CONTESTATION IN ACCORDANCE WITH THE AFOREMENTIONED RULES IMPLIES THE BUYER'S UNCONDITIONAL AND UNRESERVED ACCEPTANCE OF THE FACT GIVING RISE TO THE COMPLAINT AND, DE FACTO, THE DEFINITIVE RENUNCIATION OF ANY CLAIM IN THIS RESPECT.
8.5 THE PURCHASER REMAINS SOLELY RESPONSIBLE FOR THE CHOICE OF THE PRODUCT(S), THEIR SUITABILITY FOR HIS/HER NEEDS AND THEIR USE. ANY USE OF THE PRODUCT(S) THAT DOES NOT COMPLY WITH THE INTENDED USE IS THE SOLE RESPONSIBILITY OF THE PURCHASER, TO THE EXCLUSION OF MILLOU.BE.
8.6 THE BUYER IS ALSO SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE REGULATIONS IN FORCE IN HIS COUNTRY OF RESIDENCE.
9. FORCE MAJEURE
9.1 FORCE MAJEURE IS ANY UNFORESEEABLE EVENT BEYOND THE CONTROL OF THE PARTIES WHICH MAKES IT IMPOSSIBLE OR SUBSTANTIALLY MORE DIFFICULT FOR A PARTY TO PERFORM ONE OR MORE OF ITS OBLIGATIONS (SUCH AS WAR, RIOT, REVOLUTION, INSURRECTION, STRIKE OR LOCKOUT WITHIN A PARTY'S COMPANY, FIRE, FLOOD, EARTHQUAKE, STORM, FAILURE OF TELECOMMUNICATIONS SYSTEMS, POWER FAILURE, ETC.).
9.2 THE PARTY INVOKING FORCE MAJEURE SHALL NOTIFY THE OTHER PARTY AS SOON AS POSSIBLE OF THE OCCURRENCE OF THE EVENT.
9.3 OBLIGATIONS AFFECTED BY THE FORCE MAJEURE EVENT, AS WELL AS ANY RECIPROCAL OBLIGATIONS OF THE OTHER PARTY, ARE SUSPENDED FOR THE DURATION OF THE FORCE MAJEURE EVENT.
9.4 IF THE CASE OF FORCE MAJEURE LASTS FOR MORE THAN THREE (3) MONTHS, EACH OF THE PARTIES HAS THE RIGHT TO TERMINATE THE PRESENT AGREEMENT WITH IMMEDIATE EFFECT AND WITHOUT COMPENSATION BY MEANS OF A REGISTERED LETTER SENT TO THE OTHER PARTY.
10. VALIDITY OF CONTRACTUAL CLAUSES
10.1 MILLOU.SHOP'S FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS AND CONDITIONS AT ANY TIME SHALL NOT BE CONSTRUED AS A WAIVER OF ANY RIGHT TO ENFORCE SUCH PROVISION AT A LATER TIME.
10.2 THE NULLITY, LAPSE OR UNENFORCEABILITY OF ALL OR PART OF ANY OF THE FOREGOING OR FOLLOWING PROVISIONS SHALL NOT INVALIDATE THE WHOLE OF THESE CGV. THE WHOLLY OR PARTIALLY NULL, VOID OR UNENFORCEABLE PROVISION SHALL BE DEEMED UNWRITTEN. MILLOU.BE UNDERTAKES TO REPLACE THIS PROVISION WITH ANOTHER THAT WILL, AS FAR AS POSSIBLE, FULFIL THE SAME FUNCTION.
11. JURISDICTION AND APPLICABLE LAW
11.1 THE CGV ARE GOVERNED BY BELGIAN LAW, TO THE FULL EXTENT PERMITTED BY APPLICABLE RULES OF PRIVATE INTERNATIONAL LAW.
11.2 IN THE EVENT OF ANY DISPUTE RELATING TO THE INTERPRETATION OR EXECUTION OF THE GVCS, THE BELGIAN COURTS SHALL HAVE EXCLUSIVE JURISDICTION, TO THE FULL EXTENT PERMITTED BY THE APPLICABLE RULES OF PRIVATE INTERNATIONAL LAW.
11.3 BEFORE TAKING ANY LEGAL ACTION TO RESOLVE A DISPUTE, THE BUYER UNDERTAKES TO TRY TO RESOLVE IT AMICABLY BY CONTACTING MILLOU.BE DIRECTLY. IN ACCORDANCE WITH THE LAW, THE BUYER IS ALSO INFORMED THAT HE/SHE MAY CONTACT THE EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION : HTTPS://WEBGATE.EC.EUROPA.EU/ODR/ .