(applicable from 1 January 2020)
Article 1 : Purpose
The general terms and conditions of sale described below detail the rights and obligations of YOU&MILK and its customer in the context of the sale of the following goods: nursing clothes, nursing accessories, baby/children's clothes and accessories, and men's clothes.
Any service provided by YOU&MILK therefore implies the buyer's unconditional acceptance of these general terms and conditions of sale.
Article 2 : Prices
he prices appearing on the product sheets of the internet catalogue are mentioned in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
YOU&MILK reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only price applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order
Article 3 : Discounts and rebates
The proposed prices include any discounts and rebates that YOU&MILK may grant in view of its results or the assumption of responsibility by the buyer for certain services.
Article 4 : Discount
No discount will be granted for early payment.
Article 5 : Terms of payment and order modification
Orders shall be paid by bank transfer to the account of You&Milk, the details of which are provided to the Client.
Upon registration of the order, the Purchaser shall pay 100% of the total amount of the invoice, thereby triggering the delivery of the goods.
In the event of cancellation of the order by the Customer resulting in a refund, and if the said order was paid for via Paypal and/or bank, the amount of the charges borne by You&Milk will be deducted from the refund.
If you pay in several instalments with Alma :
The credit is granted by Alma, a company with capital of €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 French Monetary and Financial Code. You&Milk distributes advertisements sent by Alma relating 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, the Netherlands and Portugal.
Article 6: Returns and exchanges
6.1 : Time limits and admissibility
Pursuant to Article L221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) working days from the date of delivery of the order to exercise his/her right of withdrawal, and thus to request the return of the product to the Seller, either for exchange or for reimbursement, without penalty, with the exception of the cost of return.
To request an exchange or refund, the purchaser must send an e-mail to hello@youandmilk.com, indicating his/her order number.
6.2 Exceptions
It is specified that garments with slight defects (and sold at a preferential rate), prototypes, or items used for photo shoots, when offered for sale via social networks or on the site, cannot be exchanged or refunded.
Items purchased in the ‘Last Chance’ or ‘White Thursday’ sections cannot be exchanged or refunded. They will be the subject of a credit note valid for six (6) months on the site.
Any product included in a box cannot be reimbursed. Thus, in the event of the purchase of a box comprising two (or more) items, if the Customer returns only one of the items in the box, a credit note will be generated for the amount of the item returned.
Once the request for exchange or refund has been validated by the You & Milk team by return e-mail to the Purchaser, the latter then has a period of seven (7) working days from the date of dispatch of the e-mail by You & Milk to return the item(s) concerned, failing which the refund or exchange cannot be accepted.
- In the case of the end of year festivities, and for purchases made on or after 1st December of each year, additional time is granted provided that the return shipment is received by You & Milk before the sixth (6th) January of the following year at the latest.
By way of example: for an exchange request made on 5 December, concerning a purchase made on the previous 2 December, the date of receipt of the return must be no later than 6 January of the following year, and this as part of the extension of the return deadlines linked to the end-of-year festivities, failing which the refund or exchange cannot be accepted.
- In the case of summer holidays, and for purchases made from 1 August each year, an additional period is granted provided that the return shipment is received by You & Milk before six (6) September at the latest.
By way of example: for an exchange request made on 5 August, concerning a purchase made on the previous 2 August, the date of receipt of the return must be received by 6 September at the latest, as part of the extension of the return period due to the summer holidays, failing which the refund or exchange cannot be accepted.
6.3 Additional charges
In the event of a request for an exchange, and from the second exchange at the customer's initiative, a flat-rate amount of €5.90 will be charged for any new shipment following this second exchange request.
In the event of the return of an item received in a crumpled condition that does not allow the item to be sold again, a flat-rate amount of ten euros will be deducted from the refund or credit note.
6.4 Specific cases of customs charges
In the event of the return/exchange of one or more products from countries subject to customs duties, You & Milk reserves the right to refuse a parcel for the purpose of a return or exchange if the customer has not declared at the time of returning the parcel that it is a return/exchange of goods at the time of franking the parcel and entering the customs information.
If the customer does not provide this information, customs duties will be wrongly invoiced to You & Milk, which therefore reserves the right to refuse the parcel if the above conditions are not met.
Thus, in the event of a refund request from a customer residing in a country outside the European Union, and in the event of the customer's failure to comply with the process for returning the products concerned by the refund (process reminded in the email received by the customer to proceed with the return of the product(s) concerned), the amount of customs taxes paid by You & Milk, due to the customer's failure to comply with the said process, will be deducted from the amount of the refund made to the customer.
For customers residing outside Europe and in the event that the customer refuses to pay customs duties, resulting in the parcel being returned to sender, a credit note (valid for six months) for the amount of the order will be generated, deducted from the return costs borne by You&Milk.
6.5 Other information
In the event that a customer makes a purchase that generates loyalty points, uses these points to benefit from a purchase voucher on their next order, and then requests a refund for this first order that generated points, the amount of the refund will be re-evaluated in line with this benefit.
All information relating to 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 the event of non-payment of all or part of the goods delivered on the date of receipt, the Purchaser shall pay YOU&MILK a late payment penalty equal to three times the legal interest rate.
The legal interest rate shall be that applicable on the date of delivery of the goods.
Since 1 January 2015, the legal interest rate has been revised every 6 months (Order No. 2014-947 of 20 August 2014).
This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior notice of default being required.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Article 8 : Cancellation clause
If within fifteen days of the implementation of the "Late Payment" clause, the buyer has not paid the amounts still due, the sale shall be cancelled by operation of law and may give rise to a claim for damages in favour of YOU&MILK.
Article 9 : Retention of title clause
YOU&MILK retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this regard, if the buyer is subject to a receivership or liquidation, YOU&MILK reserves the right to claim, within the framework of the receivership, the goods sold and not yet paid for.
Article 10 : Intellectual Property
All elements of the www.youandmilk.com website are and remain the exclusive intellectual property of YOU&MILK. No one is authorised to reproduce, exploit or use in any way whatsoever, even partially, elements of the site, whether in the form of a photo, logo, visual or text.
Article 11 : Personal data
YOU&MILK undertakes to preserve the confidentiality of information provided by the buyer that he or she may be required to transmit for the use of certain services. Any information concerning the buyer is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. They may request this at any time by mail to the following address:
YOU&MILK
DEPEYRE
Rue Eugénie Eboué 92600
ASNIERES SUR SEINE
Article 12: Delivery
12.1 General provisions
Delivery is made to the place indicated by the purchaser on the order form.
The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products may not give rise to :
- the award of damages ;
- cancellation of the order.
12.2 Risks and liability
The risks associated with transport are borne by the purchaser from the moment the items leave You & Milk's premises. You & Milk cannot be held responsible for losses or delays in delivery due to errors or disruptions attributable to La Poste. In the event of damage during transport, any protest must be made to the carrier within three days of delivery. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery in the presence of the employee of La Poste or the delivery person.
In the event of an error in the delivery address entered by the customer, You & Milk will not be held responsible for any delays or non-delivery of the products ordered. In this case, the costs incurred for the reshipment of the products will be charged to the customer.’
12.3 Parcels not collected by the Customer
Furthermore, in the event of a parcel not being collected by the Customer or in the event of an error in the delivery address (address communicated by the Customer when validating his/her order), if this parcel is returned to You & Milk and the Customer requests a refund of his/her order, the amount corresponding to the costs of processing the order and postage will be deducted from the amount of the refund.
12.4 Request for a new shipment at the Customer's initiative
In the event that the Customer requests that You & Milk resend the parcel which has been returned to the sender (and therefore to You & Milk), You & Milk reserves the right to invoice the Customer for this reshipment.
12.5 Packages held up in customs or not claimed/not collected
In the event of delivery of a parcel to a relay point or blocked in customs and in the event that the customer has not claimed/recovered his/her parcel, if a request for a refund is made, a flat-rate amount of €10 will be deducted from the amount of the refund (due to the costs of preparing the order and the charges invoiced by the carriers for any parcel not claimed/recovered). Furthermore, if the parcel is not collected in time by the customer from the relay point or from customs, the carrier/customs may be required, in certain cases, to destroy unclaimed parcels. The customer, who is responsible for collecting his/her order in time, will not be able to claim any compensation.
In the same hypothesis and for items in the ‘Last chance’/assimilated sales/promotional items section: a credit note valid for six (6) months will be generated for the benefit of the customer, deducted from the fixed amount of 10 euros, due to the costs of preparing the order and the charges invoiced by the carriers for any unclaimed/uncollected parcel.
12.6 Free delivery with the website lottery
In the event of winning free delivery thanks to the wheel (lottery) on our site, delivery will be made first and foremost to a relay point (within the standard delivery time). Exceptionally, home delivery without a signature may be made if the parcel 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 which will be imposed when the parcel reaches its destination. These customs duties and any taxes relating to the delivery of a product are the responsibility of the customer.
In the event of an order placed from a country imposing customs duties, and in the event of the Customer's deliberate refusal to pay these customs duties, the order will automatically be returned to You & Milk.
The Customer has a period of one month (30 days) from the date of his refusal to pay the customs charges to express his decision by e-mail to hello@youandmilk.com, not forgetting to mention his order number.
If this period is not respected, a credit note equal to the amount of the order will be generated in favour of the customer. This credit note will be valid for six months on the youandmilk.com website.
12.8 Time limit for complaints about missing or faulty products
In the event of a complaint concerning missing products or products with an anomaly in the order received by the Customer, the latter will have a period of 7 working days from receipt of the said order to make his complaint directly by e-mail to hello@youandmilk.com, mentioning the name and number of the order. Otherwise, no complaint will be accepted.
Article 13 : Force majeure
YOU&MILK may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. In this regard, force majeure is defined as 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 conditions of sale is subject to French law.
In the absence of an amicable solution, the dispute will be brought before the Commercial Court of Nanterre.
