General conditions of sale

General conditions of sale and use

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are concluded between, on the one hand, Com&Co, a company incorporated under French law with number B 903 085 710 in the Nîmes Trade Register, having its registered office at 24 placette pinta, 30240 Le Grau du Roi, whose trading name is Com&Co, and on the other hand, any person having visited and/or made a purchase on the site http://www.milandrea.fr , hereinafter referred to as "the User". Any purchase or visit to the site http://www.milandrea.fr (hereinafter the "Site") automatically entails acceptance of all of these conditions.

As a preliminary point, it is appropriate to define the terms used in these General Terms and Conditions.

PRELIMINARY ARTICLE

Customer: any user of the Site who has a customer account on the Site and/or who makes a purchase of a Product through the Site. Each Customer is a User of the Site.

Order: a process by which the Customer chooses the Products they wish to purchase on the Site. This Order is finalized when the Customer has chosen the products they wish to have delivered, as well as the delivery options, and when they have finalized payment for these products.

Product: means any product that can be viewed or purchased on the Site by a User. This may be a product present on the Site and not yet purchased by the User, or a product present (or not) on the Site and purchased by the User.

User: any person who accesses the Site, regardless of whether they are a Client or not.

Website: internet page http://www.milandrea.fr as well as all related internet pages

ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION OF THE GTC

  1. The purpose of these General Terms and Conditions is to define the conditions under which Users may access or use the Site.

  1. The parties are bound by all terms, conditions and policies described therein, as well as by those additional terms and conditions referred to in these T&Cs.

  1. When visiting any part of this Site and/or purchasing a Product, each User undertakes, without restriction or reservation, to comply with these General Terms and Conditions.

  1. These General Terms and Conditions are notified to Users for acceptance prior to any Order on the Site. These General Terms and Conditions are considered an offer, the acceptance of which is limited to the strict terms, conditions and policies defined in 2) of this article.

  1. Any new tools, features, Products, services that are added after the date of publication of these T&Cs will also be subject to these T&Cs.

ARTICLE 2 – CURRENT VERSION OF THE GTC

  1. The version of the T&Cs that prevails is the latest version available on the Site.

  1. Com&Co is free to update, change or replace any part of these T&Cs at any time and without notice, in order to take into account any administrative injunction or recommendation, as well as any legal, jurisprudential, and/or technical developments. When finalizing a new Order, the Customer accepts the T&Cs in force on the date of said Order. It is the responsibility of each User to regularly consult the updates of these T&Cs at the following address: 24 placette pinta, 30240 Le Grau du roi

  1. Access by the User to the Site and/or use of any function of this Site by the User, after the publication of any modification to these T&Cs, constitutes acceptance by the User of these new T&Cs. If a User refuses the T&Cs or their subsequent modifications, it is the User's responsibility to refrain from any use of the Site.

ARTICLE 3 – CONDITIONS OF USE OF THE SITE

  1. The Site is hosted on Shopify.Inc , provider of the digital e-commerce platform which allows Com&Co to present and sell its Products and services.

  1. By accepting these T&Cs, the User expressly declares that he/she has reached the age of majority in his/her country, state or province of residence, and that he/she has given his/her consent to allow any minor to use the Site at his/her expense.

  1. If the User is a legal entity, it must be duly represented, under the conditions provided for by law, which it expressly acknowledges and accepts.

  1. The User undertakes not to use the Products or services of this Site for any illegal or unauthorized purpose.

  1. The User undertakes not to jeopardize the proper functioning of the Site by using computer means such as worms, viruses or any other computer code or process of a nature harmful to the Site.

  1. The Site service, its operation, and any part or content of the Site service may be interrupted at any time by Com&Co, without prior notice or any other prior information to the User. Com&Co is not responsible for any suspension or interruption of the service, any part of the Site service, or its operation.

ARTICLE 4 – GENERAL CONDITIONS

  1. Com&Co reserves the right to refuse service to anyone at any time, for any reason. In addition, Com&Co reserves the right to limit the sales of the Products or Services in any geographic region or jurisdiction.

  1. Com&Co reserves the right to limit the quantities of any Product or service it offers.

  1. The User acknowledges and accepts that all Product descriptions and all Product prices may be modified at any time and without notice, at the sole discretion of Com&Co .

  1. Com&Co reserves the right to stop offering a Product at any time and without notice, at Com&Co 's sole discretion.

  1. Com&Co acknowledges that any offer of Product or service presented on its Site is void where prohibited by law.

ARTICLE 5 – PRICE

  1. The User acknowledges and accepts that the price of the Products may be modified without notice. In particular, these modifications may occur due to variations in raw material prices, logistics costs, or any other reason. Com&Co is not responsible for the consequences of such a price modification.

  1. The prices of the Products applied to the Customer correspond to those displayed on the Site at the time of the Order.

  1. The prices of the Products are in euros, all taxes included.

ARTICLE 6 – PRESENTATION OF ARTICLES

  1. The User declares to be informed that photographs of the Products are present on the Site, and that they allow as clear a display as possible of the appearance of the Products, in particular with regard to their color.

  1. The User acknowledges that Com&Co cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site, or the differences between the screens of Users' electronic devices.

  1. The User acknowledges and accepts that Com&Co does not guarantee that the quality of all Products, services, information will meet the User's expectations, nor that any error in the service or operation of the Site will be immediately and systematically corrected by Com&Co .

  1. The User acknowledges and accepts that the Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and product availability. Com&Co reserves the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate, at any time and without prior notice, including after an Order has been placed by a Customer.

  1. The User acknowledges and accepts that Com&Co is not obligated to update, modify or clarify information on the Site or on any associated website, including but not limited to pricing information, unless clarifications are required by law.

  1. The User declares to have full knowledge of the provisions of this article, and therefore agrees not to hold Com&Co liable in this regard, except in the cases provided for by law.

ARTICLE 7 – OPTIONAL TOOLS

  1. Com&Co may in certain cases provide access to third-party tools over which it exercises no monitoring, control or influence, which the User acknowledges.

  1. The User expressly acknowledges and accepts that Com&Co provides access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind, and without any approval required from the User.

  1. The User expressly acknowledges and accepts that use of optional tools on the Site is at the User's own risk and discretion. Com&Co recommends that the User consult the terms and conditions of these tools from the relevant third-party provider(s).

  1. The User declares to have full knowledge of the provisions of this article, and therefore agrees not to hold Com&Co liable in this regard, resulting from or linked to the use of these optional third-party tools, except in the cases provided for by law.

ARTICLE 8 - THIRD-PARTY LINKS

  1. The User acknowledges that certain content, Products and services available through the Site may include elements from third parties.

  1. The User acknowledges that links from third parties on this Site may redirect him to third-party websites that are not affiliated with Com&Co . Com&Co is not responsible for examining or evaluating the content or accuracy of these sites, and does not guarantee and assumes no responsibility for any content, website, product, service or other material accessible on or from these third-party sites.

  1. The User expressly acknowledges and accepts that Com&Co is not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites.

  1. Com&Co advises the User that they are required to carefully read and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to the third parties themselves.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

  1. The User expressly acknowledges and accepts that, if he/she submits to Com&Co or about Com&Co specific content, or communicates creative ideas, suggestions, proposals, plans and/or other elements for improving the Site, the Products or the service of Com&Co , whether online, by e-mail, by post, or by any other means of communication, in particular by posting comments on the Site, Com&Co reserves the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media all of these elements of commentary from Com&Co .

  1. The User expressly acknowledges and accepts that Com&Co is not required (1) to maintain the confidentiality of such comments (2) to pay compensation or remuneration to anyone for such comments (3) to respond to or ensure the publication of such comments.

  1. The User expressly acknowledges and agrees that Com&Co has the authority but has no obligation to monitor, modify or delete content communicated or published on the Site, which Com&Co deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar or otherwise objectionable, or which infringes any intellectual property or these T&Cs.

  1. The User agrees to write respectful, courteous comments that do not violate the rights of third parties, including copyright, trademarks, confidentiality, personality, or other personal or proprietary rights.

  1. The User agrees to write comments and communicate with Com& Co without using a false email address, and/or pretending to be someone he is not, and/or attempting to mislead Com&Co staff and/or third parties as to the origin of his comments.

  1. The User acknowledges that he or she is entirely responsible for all comments he or she posts, their consequences, and their accuracy. Com&Co assumes no responsibility and declines all liability with respect to any comments the User posts.

ARTICLE 10 – PERSONAL INFORMATION

The submission of the User's personal information is governed by the Com&Co Privacy Policy, which can be viewed at the following link: …. [complete]

ARTICLE 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. The Customer undertakes and expressly agrees to provide all Order and account information that is up to date, complete, exhaustive, accurate and fair regarding all of its Orders placed on the Site.

  1. The Customer expressly undertakes and agrees to keep all information relating to their account up to date, including their email address, credit card numbers and expiration dates, for the proper execution of the Order they have placed. Com&Co cannot be held liable in this regard.

  1. Com&Co reserves the right to limit or prohibit Orders that, in its sole judgment, may appear to come from merchants, resellers or distributors.

ARTICLE 12 – PROHIBITED USES

The User expressly undertakes and agrees not to use the Site or its content for illegal purposes, or to incite third parties to carry out illegal acts, or to infringe or violate the intellectual property rights of Com&Co as well as those of third parties, or to submit to the public false, misleading and/or defamatory information, or to collect or track the personal information of others, or to spam, phish, hijack a domain, extort information, browse, crawl or scrape the web, or to undermine or circumvent the security measures of the Site.

ARTICLE 13 – ORDER

  1. The User can browse the Site without any obligation to purchase.  To place an Order, the Products must be selected by the Customer who adds them to their shopping cart. It is not necessary to create a personal account on the Site to place an Order.

  1. Once the Order is finalized, the acceptance is confirmed by Com&Co by sending an email to the email address indicated by the Customer when placing the Order. The Order is finalized once the Customer has made the payment in full and the latter has been received by Com&Co .

  1. The Customer expressly acknowledges and accepts that an Order finalized and in the process of being sent cannot be cancelled.

  1. When the Order is finalized, Com&Co undertakes to automatically send a tracking number to the Customer at the email address provided when registering for an account on the Site or indicated by the Customer when placing the Order. The Customer is required to record this tracking number, and if it is not received, to check the spam and/or filters of their email inbox. The Customer expressly acknowledges and accepts that Com&Co cannot be held responsible for the loss, incorrect recording or lack of diligence in finding the tracking number by the customer.

  1. Once the Order is finalized, Com&Co undertakes to send the Products within 3 to 5 working days. The Customer expressly acknowledges and accepts that this period may be extended due to the occurrence of a force majeure event as defined in French case law and the Civil Code, or any other event that was not reasonably under the exclusive control of Com&Co .

  1. Com&Co undertakes to honor validated Orders, within the limits of available stocks. The User expressly acknowledges and accepts that Com&Co reserves the right to refuse any Order placed by a User in the event of a stock shortage or due to the occurrence of a force majeure event as defined in French case law and the Civil Code, or any other event that was not reasonably under the exclusive control of Com&Co , in particular the excessive and sudden increase in Com&Co 's order book concerning one or more Products.

  1. The User expressly acknowledges and agrees that Com&Co reserves the right, at its sole discretion, to reduce or cancel quantities purchased per person, per household, or per order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.

  1. In the event of modification or cancellation of an Order, Com&Co will notify the Customer by contacting them by email and/or telephone number provided by the Customer and/or by post to the billing address.

ARTICLE 14 – DELIVERY, EXCHANGE, RETURN

  1. Delivery costs are specified on the Site, including all taxes, and are displayed to the Customer when the Order is placed. The Customer must accept these costs when confirming the Order.

  1. The Customer expressly acknowledges and accepts that delivery costs depend on the territory of the address where the Product is received.

  1. Com&Co uses external service providers (carriers, postal services, various logistics and delivery providers, etc.) for the shipping and delivery of Products. Com&Co depends on these third parties and is entirely dependent on these service providers. Consequently, the User expressly acknowledges and accepts that the shipping and delivery times indicated on the Site and in these General Terms and Conditions may be extended due to these third-party service providers without Com&Co being liable for any delays in delivery or any consequences that may result therefrom.

  1. [ The Customer expressly acknowledges and accepts that the automated tracking indicating a delivery, listed by the tracking number automatically communicated to the Customer according to the conditions of article 9, 4), constitutes proof between the Parties of the correct receipt of the Product. In addition, the Customer expressly acknowledges and accepts that he is required to provide any evidence of the absence of delivery, which he undertakes to provide as soon as possible to Com&Co so that the customer service of the latter can, at its own discretion and in assessment of the evidence provided by the Customer, decide to return Products identical to those ordered from the Customer, and this without any additional cost to the Customer.

  1. According to the provisions of Article L.221-28 of the French Consumer Code, the Customer expressly acknowledges and accepts that the Products cannot be subject to a request for exchange or refund, unless the Products delivered are defective within the meaning of the Civil Code, i.e. if they are Products that do not offer the safety that a standard person can legitimately expect. In the latter case, the Customer must provide all evidence of the safety defect of the product that he provides as soon as possible to Com&Co , failing which Com&Co will not proceed with any exchange or refund, which the Customer expressly acknowledges and accepts.

  1. Delivery of the Products takes place within 7 to 10 working days after dispatch of the Product. The Customer is informed that on average, the Products are delivered within 6 working days after dispatch of the Product.

  1. The User expressly acknowledges and accepts that a temporary stock shortage, generated by high demand, may slow down the dispatch of the Products and increase the dispatch time by 1 to 6 working days.

ARTICLE  11 – LIMITATION OF LIABILITY AND LEGAL WARRANTIES

  1. The User expressly acknowledges and accepts that Com&Co shall not be held liable for the obligations of these General Terms and Conditions of Sale in the event that the failure to perform its obligations is attributable to the actions of a third party, even if it is a foreseeable event, to the fault of the Customer, or to the occurrence of a force majeure event as defined in French case law and the Civil Code, or to any other event which was not reasonably under the exclusive control of Com&Co .

  1. The User expressly acknowledges and accepts that Com&Co declines all liability for damages of any nature whatsoever, resulting in particular from the use of the Site or the Ordering of Products. This may include damages resulting from the interruption of the Site's service, or its slowdown, or its breach in terms of security and data protection, or errors present on the Site, or damage to the reputation and image of the User and/or the Customer due to the above failures. Com&Co may under no circumstances be held liable for an interruption of all or part of the Site regardless of the cause, duration or frequency of this interruption.

  1. The User expressly acknowledges and agrees that his/her use of the Site, or inability to use it, is at his/her sole risk. The Site is provided to him/her “as is”, the Products and services are provided “as is” and “as available” for the User’s use.

  1. In no event shall Com&Co , its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any damage of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use by a User of any service or product from the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, Com&Co 's liability shall be limited to the maximum extent permitted by law.

  1. In accordance with the provisions of the Consumer Code, the Customer has a period of 14 clear days to exercise their right of withdrawal without having to provide reasons or pay penalties, with the exception of return costs. The right of withdrawal can only be exercised if the Products have not been unpacked, opened, damaged or used by the Customer, failing which the Products cannot be returned. The Customer is invited to consult the delivery, return and refund policy in order to be aware of the exceptions to the right of withdrawal.

  1. The period begins on the day the Customer receives the goods. The Customer must contact Com&Co at contact@milandrea.fr as soon as possible to inform them of their right of withdrawal.

  1. In the event of successful withdrawal by the Customer, Com&Co undertakes to reimburse all sums received in respect of the order placed by the Customer within 14 days following receipt of the Products by Com&Co .

  1. If Com&Co finds that the Product returned by the Customer is damaged, worn, or in a condition that does not correspond to that of the shipment, no refund will be made by Com&Co . This rule also applies in the event of the absence of a label or the original packaging.

  1. Com&Co is responsible for the conformity of the Products upon delivery and the Customer may challenge the non-conformity of the Product delivered within the meaning of Article L.217-5 of the Consumer Code.

  1. The Customer has a period of 3 months from delivery of the Product to report any non-conformity to Com&Co , and choose whether to have it repaired or replaced. In accordance with Article L.217-8 of the Consumer Code, Com&Co reserves the right not to follow the Customer's choice if it entails a cost that is manifestly disproportionate to the other option, taking into account the value of the Product or the significance of the defect presented by the Product.

  1. Com&Co guarantees the Customer against hidden defects in the Product in accordance with article 1641 of the Civil Code.

  1. The Customer's warranty is expressly excluded in the event of deterioration or degradation of the Product due to use not in accordance with its intended purpose or due to the Customer. This includes, but is not limited to, failure to comply with the precautions for use of the Product, such as unusual handling or lack of diligence in the proper use of the Product by the Customer or a third party, transport of the Product or its exposure to substances incompatible with the use of the Product, modification, handling, customization of the Product by the Customer or a third party.

  1. The warranty is expressly excluded in the event of the Product being returned by the Customer in a condition other than that in which the Product was delivered to the Customer. The warranty only applies if the Product is returned with the original packaging, accessories, instructions for use, labels and all other items present at the time of delivery of the Product.

ARTICLE 12 - COMPENSATION

The User expressly agrees to indemnify, defend and protect Com&Co as well as its parent company, subsidiaries, affiliates, partners, managers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns and employees, regarding any request or claim, including (reasonable) attorneys' fees, emanating from a third party and based on the violation by the User of these T&Cs or the documents referenced by them.

ARTICLE 13 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then such provision shall be deemed severed from the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable. Such severance shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 14 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date of these Terms and Conditions shall survive the termination of this Agreement for all purposes.

These Terms and Conditions are effective unless and until terminated. The User may terminate these Terms and Conditions at any time by notifying Com&Co that they no longer wish to use Com&Co 's services or its Site.

The User expressly acknowledges and accepts that if he/she fails, or if Com&Co suspects that the User has been unable to comply with the terms of these T&Cs, Com&Co may terminate this agreement at any time without notice, in which case the User will remain liable for all sums up to and including the date of termination, and/or  will have their access to Com&Co services and/or the Site refused (or any part thereof).

ARTICLE 15 – NON-WAIVER

The failure of Com&Co to exercise the rights granted to it by these General Terms and Conditions may not under any circumstances be interpreted as a waiver of the right to assert said rights.

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

ARTICLE 16 – APPLICABLE LAW

These T&Cs, as well as any other separate agreement through which Com&Co provides services, will be governed by and interpreted in accordance with the laws in force in France, which the User expressly acknowledges and accepts.

ARTICLE 17 – CONTACT DETAILS

Users may ask questions relating to these T&Cs at the following address : contact@milandrea.fr