(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 : Return - Exchange
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 his right of withdrawal, and thus proceed to the request for return of the product to the Seller, either for exchange or for refund, without penalty, except for the return costs.
For any request for exchange or refund, the buyer must send an email to hello@youandmilk.com, indicating his order number.
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 covered by a credit note valid for six (6) months on the site.
Any product included in a box cannot be refunded.
Once the request for exchange or refund has been validated by the You&Milk team by return e-mail to the Buyer, the latter then has a period of seven (7) working days from the date You&Milk sent the e-mail to return the garment(s) concerned, failing which the refund or exchange cannot be accepted.
-In the case of the end of year festivities, and for purchases made from December 1st of each year, an additional period is granted provided that the return shipment is received by You&Milk before January 6th of the following year.
For example: for an exchange request made on December 5th, concerning a purchase made on the previous December 2nd, the date of receipt of the return must be no later than January 6th of the following year, and this within the framework of the extension of the return period linked to the end of the year celebrations, without which the refund or exchange cannot be accepted.
-In the case of summer holidays, and for purchases made from 1 August onwards each year, an additional period is granted provided that the return shipment is received by You&Milk before six (6) September at the latest.
For 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 no later than 6 September, as part of the extension of the return period due to the summer holidays, otherwise the refund or exchange cannot be accepted.
In the case of a request for an exchange, and from the second exchange at the customer's initiative, a flat rate of €5.90 will be charged for any new shipment following this second exchange request.
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 when franking the parcel and entering the customs information.
If the customer has not provided this information, customs taxes will be wrongly invoiced to You&Milk, which therefore reserves the right to refuse the parcel if the above conditions are not met.
Consequently, in the event of a request for a refund 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.
All the information relating to the exchange and refund procedures can be found in the FAQ section, available via this link https://www.youandmilk.com/faq?lang=en
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
Delivery is made to the place indicated by the buyer on the order form.
The delivery time indicated at the time of registration of the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not give rise to the benefit of the buyer to :
- the allocation of damages and interest;
- the cancellation of the order.
The risks associated with transport are borne by the Purchaser from the time 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 the French postal service. In the event of damage during transport, any protest must be made to the carrier within three days of delivery. The buyer is required to verify in the presence of the employee of the Post Office or the deliveryman, the state of the packaging of the goods and its contents upon delivery.
"In the event of an error in the delivery address by the customer, YOU&MILK shall not be held responsible for any delays or non-delivery of the ordered products. In this case, the costs incurred for the reshipment of the products will be charged to the customer."
In the event of delivery to a relay point and if the customer has not claimed / collected their parcel, if a refund request is made, a fixed amount of €5 will be deducted from the amount of the refund (due to the costs invoiced by the carriers for any parcel not claimed / collected). Furthermore, if the parcel is not collected in time by the customer from the relay point, the transporter may be required, in certain cases, to destroy unclaimed parcels. The customer, who is responsible for collecting his order in time, will not be able to claim any compensation.
In the event of winning a free delivery thanks to the wheel (lottery) on our site, priority will be given to delivery to a relay point (within the standard delivery time). Exceptionally, home delivery without a signature may be possible if the parcel is small (this will be appreciated by the logistics department).
Any order delivered outside of France may be subject to possible taxes and customs duties that 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.
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.
