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 price of the products.

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 amount of the order.

Article 3: Discounts and Rebates

The prices offered include the discounts and rebates 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 in case of early payment.

Article 5: Payment Terms and Order Modification

Order payment is 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 payment in installments with Alma: 
Credit is granted by Alma company with a 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 Monetary and Financial Code. The company You&Milk distributes advertisements sent by Alma related to credit granting 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 request the return of the product from 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 initiate 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 clothing with minor defects (sold at a discounted price), prototypes, or items 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 credits generated on the site are not divisible and must be used in a single transaction (the remaining balance will not be refunded to the Customer).

Box:
Any product included in a box cannot be refunded. Thus, in the case of purchasing 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 validated 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 that the return shipment is received by You & Milk by January six (6) at the latest of the following year.

For example: for an exchange request made on December 26, concerning a purchase made on the previous 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 that the return shipment is received by You & Milk by September six (6) at the latest.

For example: for an exchange request made on August 5, concerning a purchase made on the previous 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 resale of said item, a flat amount 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

6.4 Specific cases of customs fees 

In case of return/exchange of one or more products from countries subject to customs taxation, 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 their package that it is a return/exchange of merchandise at the time of postage and customs information entry.
Indeed, if the customer has not mentioned 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 in case of non-compliance by the customer with the return process of 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 taxes paid by You & Milk, due to the customer's non-compliance with said process, will be deducted from the refund amount made to the customer.

For customers residing outside Europe and in case of refusal to pay customs taxes by the customer, resulting in the return of the package to the sender, a credit (valid for six months) for the order amount will be generated, deducted by the return costs borne by You&Milk.

6.5 Miscellaneous 

In the case where a customer makes a purchase generating loyalty points, uses these points to benefit from a voucher on their next order, and then requests a refund of this first order which allowed them to generate 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 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 remaining sum due, 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 of 40 euros for collection costs.

Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.


Article 8: Resolutory Clause

If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the remaining amounts due, the sale will be automatically terminated and may give rise to the award 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, including principal and accessories. As such, if the buyer is subject to reorganization or judicial liquidation, the company You & Milk reserves the right to claim, within the framework of collective proceedings, the goods sold and remaining 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 undertakes to preserve the confidentiality of the information provided by the buyer, which may be transmitted for the use of certain services. All information concerning them 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 information concerning them. They can make a request 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 location indicated by the buyer on the order form.
The delivery time indicated when placing the order is given for information only and is not guaranteed in any way.
As a result, any reasonable delay in the delivery of products shall not entitle the buyer to:
- the awarding of damages;
- the cancellation of the order.

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 claim 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 wording by the customer, You & Milk will not be held responsible for delays or non-delivery of ordered products. In such cases, 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 amount corresponding to order processing and postage fees. 

12.4 Request for a new shipment at the Customer's initiative 

If the Customer requests that You & Milk resend the package that has been returned to the sender (i.e., to 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 of a package to a relay point or held in customs and if the customer has not claimed/retrieved 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 fees charged by carriers for any unclaimed/unretrieved package). Furthermore, if the package is not picked up on time by the customer at the relay point or customs, the carrier/customs may, in certain cases, destroy unclaimed packages; the customer being responsible for timely collection of their order cannot claim any compensation.

In the same scenario and for items in the "Last chance" section / similar sale items / promotional items: a credit valid for six (6) months will be issued to the customer, deducted by the flat amount of 10 euros, due to order preparation costs and fees charged by carriers for any unclaimed/uncollected package.

12.6 Free shipping with the website lottery 

In case of free shipping won through the wheel (lottery) on our site, delivery will be primarily made 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 service).

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 package reaches its destination. These customs duties and possible 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, not forgetting to mention the 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 site youandmilk.com

12.8 Dispute period in case of 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 said order (at home or at a relay point) to submit their complaint directly by email to hello@youandmilk.com mentioning the encountered problem, with photo evidence as well as the name and order number. Otherwise, no complaint can 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), it being reminded that the concerned garment must not be worn, washed, or stained, and must have its tag attached.

If the above-mentioned conditions regarding delay and characteristics 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 invoked if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, 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.
Failing an amicable resolution, the dispute will be brought before the Commercial Court of Nanterre.