General terms of sale
(applicable from January 1, 2020)
Article 1: Purpose
The general terms and conditions of sale described below detail the rights and obligations of the company YOU&MILK and its customer within the framework of the sale of the following goods: nursing clothes, nursing accessories, baby/child clothes and accessories, and men's clothing.
Any service performed by the company YOU&MILK therefore implies the buyer's unconditional acceptance of these general terms and conditions of sale.
Article 2: Price
The prices shown on the product sheets of the online catalog are stated in Euros (€) all taxes included (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the product price.
The company YOU&MILK reserves the right to change its prices at any time, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the purchased products depending on the total order amount.
Article 3: Discounts and rebates
The prices offered include the rebates and discounts that the company YOU&MILK may grant based on its results or the buyer's assumption of certain services.
Article 4: Discount
No discount will be granted for early payment.
Article 5: Payment terms and order modification
Order payments are made by bank payment/transfer to the account of the company You&Milk, whose details are provided to the Customer.
When placing the order, the buyer must pay 100% of the total invoice amount, thereby triggering the delivery of the goods.
In case of order cancellation by the Customer resulting in a refund, and if said order was paid via Paypal and/or bank cards, the amount of fees borne by You&Milk will be deducted from the refund.
In case of using installment payment with Alma:
The credit is granted by the company Alma, capitalized at €316,226.83, RCS Nanterre 839 100 757, ACPR approved under No. 90789 - Contact: support@getalma.eu. You&Milk is a credit indicator in accordance with the provisions of R.519-2, 1° of the Monetary and Financial Code. The company You&Milk broadcasts advertisements sent by Alma related to the granting of credit by Alma.
The use of the Alma financial service for the customer is only valid for these countries: Austria, Belgium, Germany, Spain, France, Ireland, Italy, Luxembourg, Netherlands, and Portugal.
Article No. 6: Return & Exchange
6.1: Deadlines and admissibility
Under Article L221-18 of the Consumer Code, the Buyer has a period of fourteen (14) working days from the delivery of the order to exercise their right of withdrawal, and thus make a return request to the Seller, either for exchange or refund, excluding return shipping costs.
We now use the Rever platform to simplify your returns.
Click here or below to start your return request: https://returns.itsrever.com/youandmilk
You can choose between:
-An exchange free of charge
-A refund (to the original payment method minus return fees or in the form of a bonus gift card)
You just need to provide your order number, your email address, and the items concerned.
6.2 Exceptions
It is specified that clothes with slight defects (sold at a discounted price), prototypes, or pieces used for photoshoots, when sold via social networks or on the site, cannot be exchanged or refunded
Items purchased in the "last chance" section or "White Thursday" (initial purchase or resulting in an exchange) cannot be exchanged or refunded. They will be subject to a credit valid for six (6) months on the site.
It is specified that the credits generated on the site are not divisible and must be used in one go (the remaining balance will not be refunded to the Customer)
Box:
Any product included in a box cannot be refunded. Thus, in case of purchase of a box containing two (or more) items, if the Customer returns only one of the items in the box, a credit note will be issued for the amount of the returned item.
Once the exchange or refund request is approved by the team You & Milk by return email to the Buyer, who then has a period of seven (7) working days from the sending of the email by You & Milk to return the concerned garment(s), otherwise, the refund or exchange cannot be accepted.
- In the case of year-end holidays, and for purchases made from December 12 each year, an additional period is granted provided the return shipment is received by You & Milk by January sixth (6) at the latest of the following year.
For example: for an exchange request made on December 26, concerning a purchase made on December 16, the return must be received no later than January 6 of the following year, as part of the extended return period due to the year-end holidays, otherwise the refund or exchange cannot be accepted.
- In the case of summer holidays, and for purchases made from August 1 each year, an additional period is granted provided the return shipment is received by You & Milk by September sixth (6) at the latest.
For example: for an exchange request made on August 5, concerning a purchase made on August 2, the return must be received no later than September 6, as part of the extended return period due to summer holidays, otherwise the refund or exchange cannot be accepted.
6.3 Additional fees
In the case of an exchange request, and from the second exchange initiated by the customer, a flat fee of €5.90 will be charged for any new shipment following this second exchange request.
In the case of a return of an item received in a wrinkled condition that does not allow the item to be resold, a flat fee of ten euros per item will be deducted from the refund or credit.
In the case of a return for a full order refund, if the order benefited from free shipping, these fees will be deducted from the refund amount. These fees will be in the form of a flat fee reduced by €5.00
For shipments sent by You & Milk as part of an exchange requested by the Customer, these will systematically be made to a pickup point (Mondial Relay and Shop2shop)
6.4 Specific cases of customs fees
In case of return/exchange of one or more products from countries subject to customs duties, You & Milk reserves the right to refuse a package intended for a return or exchange if the customer did not declare at the time of returning the package that it was a merchandise return/exchange when affixing postage and entering customs information.
Indeed, if the customer has not provided this information, customs duties will be wrongly charged to You & Milk therefore reserves the right to refuse the package if the above conditions are not met.
Thus, in case of a refund request from a customer residing in a country outside the European Union, and if the customer does not comply with the return process for the products concerned by the refund (process recalled in the email received by the customer to proceed with the return of the concerned product(s)), the amount of customs duties paid by You & Milk, due to the customer's non-compliance with said process, will be deducted from the refund amount paid to the customer.
For customers residing outside Europe and in case of refusal to pay customs duties by the customer, resulting in the return of the package to the sender, a credit note (valid for six months) for the order amount will be issued, minus the return shipping costs borne by You&Milk.
6.5 Miscellaneous
If a customer makes a purchase that generates loyalty points, uses these points to get a voucher on their next order, and then requests a refund for the first order that generated the points, the refund amount will logically be adjusted related to this benefit.
All information regarding exchange and refund procedures can be found in the FAQ section, available via this link https://www.youandmilk.com/faq
Article 7: Late Payment
In case of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company You & Milk a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is the one in effect on the day of delivery of the goods.
Since January 1, 2015, the legal interest rate is revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).
This penalty is calculated on the total amount including tax of the outstanding sum and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment penalties, any amount, including the deposit, not paid by its due date will automatically incur a fixed compensation fee of 40 euros for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Article 8: Termination Clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the outstanding amounts, the sale will be automatically terminated and may give rise to the awarding of damages in favor of the company You & Milk.
Article 9: Retention of title clause
The company YOU&MILK retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the buyer undergoes reorganization or judicial liquidation, the company You & Milk reserves the right to claim, within the framework of collective proceedings, goods sold and unpaid.
Article 10: Intellectual Property
All elements of the site www.youandmilk.com are and remain the intellectual property and exclusive property of the company. You & Milk. No one is authorized to reproduce, exploit, or use in any way, even partially, elements of the site whether in the form of photos, logos, visuals, or text.
Article 11: Personal data
The company You & Milk is committed to preserving the confidentiality of information provided by the buyer, which may be transmitted for the use of certain services. All information concerning the buyer is subject to the provisions of law no. 78-17 of January 6, 1978. As such, the user has the right to access, modify, and delete their information. They can make a request at any time by mail to the following address:
YOU&MILK - DEPEYRE
32 rue de Paris - 92100 Boulogne-Billancourt - France
Article 12: Delivery
12.1 General provisions
Delivery is made to the address specified by the buyer on the order form.
The delivery time indicated when placing the order is given for information only and is not guaranteed.
As a result, any reasonable delay in the delivery of products shall not entitle the buyer to:
- awarding of damages;
- order cancellation.
12.2 Risks and liability
The risks related to transport are borne by the buyer from the moment the items leave the company's premises. You & Milk. You & Milk cannot be held responsible for losses or delivery delays due to errors or disruptions attributable to La Poste. In case of damage during transport, any complaint must be made to the carrier within three days of delivery. The buyer is required to check the condition of the packaging and its contents in the presence of the La Poste agent or the delivery person upon delivery.
In case of an error in the delivery address entered by the customer, You & Milk will not be held responsible for delays or non-delivery of ordered products. In such cases, the costs incurred for reshipping the products will be charged to the customer.
12.3 Package not collected by the Customer
Furthermore, in case of a package not collected by the Customer or in case of an error in the delivery address (address provided by the Customer at the time of order confirmation), if this package is returned to You & Milk and the Customer requests a refund of their order, the refund amount will be reduced by the processing and postage fees.
12.4 Request for a new shipment initiated by the Customer
If the Customer requests that You & Milk resend the package that has been returned to the sender (i.e., You & Milk), You & Milk reserves the right to charge the Customer for this new shipment.
12.5 Packages held in customs or unclaimed/uncollected
In the case of delivery to a pickup point or customs hold and if the customer has not claimed/collected their package, if a refund request is made, a flat fee of €10 will be deducted from the refund amount (due to order preparation costs and carrier fees for any unclaimed/uncollected package). Furthermore, if the package is not collected on time by the customer at the pickup point or customs, the carrier/customs may, in some cases, be forced to destroy unclaimed packages; the customer, being responsible for timely collection of their order, will not be entitled to any compensation.
Under the same conditions and for items in the "Last chance"/similar sales/promotional items category: a credit valid for six (6) months will be issued to the customer, deducted from the flat rate of 10 euros, due to order preparation costs and carrier fees for any unclaimed/uncollected package.
12.6 Free delivery with the website lottery
In case of free delivery won through the wheel (lottery) on our site, delivery will be made primarily to a pickup point (within the standard timeframe). Exceptionally, home delivery without signature may be made if the package is small (this will be assessed by the logistics department).
12.7 Foreign taxes - customs
Any order delivered outside France may be subject to possible taxes and customs duties that will be imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of a product are the responsibility of the customer.
In case of an order placed from a country imposing customs fees, and in case of the Customer's deliberate refusal to pay these customs fees, the order will be automatically returned to You & Milk.
The Customer has a period of one month (30 days) from their refusal to pay customs fees to express their decision by email to hello@youandmilk.com, remembering to mention their order number.
If this deadline is not respected, a credit note equal to the amount of the order will be issued in favor of the customer. This credit note will be valid for six months on the website youandmilk.com
12.8 Deadline for contesting missing or defective products
In case of a complaint about missing products or products with defects in the order received by the Customer, the latter will have a period of 48 hours from the receipt of the said order (at home or at a relay point) to submit their complaint directly by email to hello@youandmilk.com mentioning the problem encountered, with a photo as evidence, as well as the name and order number. Otherwise, no complaint will be accepted.
The Customer will then have a period of 3 working days from the date of You & Milk's response email to return their package (a return label will be kindly provided), with the reminder that the concerned garment must not be worn, washed, or stained, and must have its tag attached.
If the above-mentioned deadline and condition are not met, You & Milk reserves the right to refuse the return.
Article 13: Force Majeure
The liability of the company YOU&MILK cannot be engaged if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. For this purpose, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1218 of the Civil Code.
Article 14: Competent Court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
If an amicable resolution cannot be reached, the dispute will be brought before the Commercial Court of Nanterre.