Latest update: 12/12/2022
We invite you to read our General Terms and Conditions of Sale (“GTC”) before using our website, https://www.milkyhour.fr, (the “Site”) and/or making a purchase.
The GTC apply between the consumer and non-professional hereinafter referred to as ("the Buyer") and the company MILKY HOUR, a limited liability company with capital of 1000 euros, whose head office is located at 29 rue Jules Ferry 41310 SAINT AMAND LONGPRE, registered in the Trade and Companies Register of BLOIS under number 901421271 hereinafter referred to as (“the Seller”).
Any online purchase on the Site implies full and complete acceptance of these GTC by the Buyer.
Acceptance of the GTC by the Buyer is materialized by a checkbox in the order form.
These GTC are subject to change because the Seller reserves the right to modify them at any time according to changes to the Site and/or regulations.
The GTC in force at the time the Buyer places the order will be applicable to him.
1. The customer account
In order to order on the Site, the Buyer creates a customer account via the “Create an account” section.
The creation of the customer account allows the Buyer:
- to fill in their personal information in order to facilitate their future purchases;
- to consult, modify and update their personal information;
- to identify themselves before placing an order;
- to follow his orders in progress, to consult the invoices of his old orders.
By ordering on the Site, the Buyer confirms to be an individual, and to buy the Seller's products for personal use in quantities corresponding to the usual needs of a consumer's household. Under no circumstances may the Site be used by professional seller "clients". The Seller reserves the right to refuse an order that is clearly validated by a professional customer.
The Buyer is responsible for maintaining the confidentiality of his customer account and password, as well as access restrictions to his computer or other equipment. As such, the Buyer acknowledges being responsible for all activities emanating from his customer account. If he suspects that his customer account is being used by a third party, it is recommended that the Buyer change his password and contact the Seller to close the usurped customer account, if necessary.
2. Order
Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. It may happen that the products are no longer available. In such case the Buyer will be informed on the product sheet.
To order :
The Buyer selects his items, the desired size and adds them to the shopping cart. At any time, he can check the number of products contained in his basket and obtain detailed information on each of them by clicking on "shopping cart". After adding a first item to his shopping cart, he can continue shopping by clicking on "Continue shopping";
Once the basket is finalized, he must:
- Click on “order”;
- Connect to his customer account or create his customer account if he does not already have one;
- Choose the desired delivery method and complete its delivery address;
- Choose his method of payment (see below the article “Payment of the order” for more information on the methods of payment), read and accept all of the GTC and proceed to the secure payment of his order. Payment of the order implies full and complete acceptance of these GTC;
Once the order has been validated, the Buyer receives a confirmation email. The Buyer must ensure that the email address entered in his customer account is correct and that it allows him to receive the order confirmation email.
By placing an order, the Buyer declares to be at least 18 years old and to have legal capacity (or if he is a minor, to have parental authorization to place his order).
Once the order has been prepared by the Seller, the Buyer receives an email informing him of the shipping of his articles. He can then follow the delivery status of his order from the tracking information contained in the email. If he does not receive any email (neither confirmation nor shipping of his order), the Buyer may contact the Seller for more information at the following email address: hello@milkyhour.fr or via of the contact form.
It may happen that the Seller is forced to cancel the Buyer's order for a legitimate reason, for example:
- when the Buyer has been able to place an order while the product is in the meantime unavailable: the Seller will inform the Buyer of this as soon as possible and will reimburse him for the amount of his article as soon as possible;
- when a technical error appears when payment is made by the Buyer;
- when an obvious error has crept into the product sheet (for example when there is an error in the essential characteristics of the product, or when a clearly incorrect price is displayed);
- when the Seller finds fraudulent or abusive use of the Buyer's account or related orders;
in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident.
- when the Seller reasonably considers that the Buyer is in breach of these GTC.
3. Product prices
The prices of the products sold through the Site are indicated in euros all taxes included (French VAT and other taxes applicable on the day of the order) and precisely determined on the product description pages. They are also indicated in euros, all taxes included (French VAT and other taxes applicable on the day of the order) on the product order page, and excluding specific shipping costs. Any change in the VAT rate may be passed on to the price of the products.
The total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sale process, and in any case at the time of confirmation of the order.
The prices do not include any customs duties and local taxes that may be payable depending on the case, in particular in the event of purchase outside the European Union and in the DOM-TOMs. They will be born by the Buyer and are his responsibility (in particular declarations, payment to the competent authorities).
The Seller reserves the right to modify its prices at any time for the future. The products will be invoiced on the basis of the prices in force at the time of the validation of his order by the Buyer.
Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
4. Payment of the order
The payment of the order by the Buyer is made directly online by credit card (CB, Visa, MasterCard).
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
In accordance with the provisions of the Monetary and Financial Code, the payment order given by the Buyer is irrevocable and he thus authorizes his account to be debited with the price of his order.
All transactions are secure and comply with the legal provisions in force. They take place within a strict framework of confidentiality and encryption of all Buyer data at the Seller's payment provider.
The Seller has no access at any time to personal data concerning the means of payment of the Buyer, in particular credit cards and does not store them on its servers.
Payment for the order can be made in one go using the CIC bank's monetico payment solution. In such a case, the amount of the transaction is immediately debited.
Payment in installments/deferred is available via our partner Alma when the Buyer is domiciled in mainland France , Belgium, Italy, Luxemburg, Spain, Portugal, Germany, Netherlands and Austria. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.
The Buyer must hold a Visa or Mastercard type bank card. In the event of payment by card, it must be valid for at least two months after the last due date of the payment facility. The cardholder must be identical to the personal information entered.
Prepaid cards, virtual cards and cards with systematic authorization are not accepted.
Amount of purchases
P2X: Only purchases between €96 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €96 and €2,000 are eligible for payment with Alma.
Costs
By paying in installments with Alma the Buyer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the French Civil Code.
Termination
Any termination of the GTC which bind the Seller and the Buyer, entails the termination of the GTC between Alma and the Buyer.
5. Shipping of the order
5.1 Places and methods of shipping
Orders can be shipped in metropolitan France (including Corsica), Monaco, Belgium, Luxembourg, Netherlands, Spain, Portugal, Italy, Germany, Austria, Sweden and Denmark according to the shipping methods indicated below:
The shipping of the products ordered on the Site is made to the address indicated when order is placed by the Buyer as "shipping address" (which may be different from the billing address, in which case the Buyer must indicate it ).
The Buyer has the choice between several shipping methods depending on the shipping country:
- Colissimo home address without signature
- Colissimo home address with signature
- Colissimo collection point
- Mondial relay collection point
- Mondial relay home address
He must select the desired shipping method and give all the information necessary for the actual delivery of his order according to this method.
The Buyer is informed, before the Order, of the possible shipping methods. He is informed, in the order summary before payment, as well as in the order confirmation email of the shipping method he has chosen.
He can follow the progress of his order, upon receipt of the email confirming his shipment with the information relating to the follow-up.
In the event of absence at the time of delivery for home deliveries, a notice of passage will be given to the Buyer in order to advise him how to recover his order.
5.2 Costs and delivery times
The delivery time indicated in the presentation of the product and when registering the order is given for information only. It can be extended during peak periods.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the Buyer to:
- the award of damages;
- cancellation of the order.
The Buyer is required to check, in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents on delivery.
In the event of an error in the wording of the delivery address by the Buyer, the Seller shall not be held liable for delays or non-delivery of the products ordered. In this case, the costs incurred to reship the products will be charged to the Buyer.
In the event of delay or absence of delivery, the Seller invites the Buyer to contact him at the following email address: hello@milkyhour.fr
The shipping prices are those indicated on the Shipping and Returns page.
The shipping costs may be modified by the Seller according to the rates applied by the carriers. The applicable delivery costs will be those indicated on the Site on the date of the order.
6. Return and refund terms
The Seller reminds that the Buyer has a legal withdrawal period of 14 days upon receipt of his order to return the products ordered and be reimbursed.
How to exercise your right of withdrawal?
The buyer may within 14 days of receipt of his package and without having to justify himself, inform the Seller that he wishes to withdraw and return the products which do not suit him.
How to retract?
By simple message via the contact page or by email to the following address: hello@milkyhour.fr using the duly completed withdrawal form attached to the GTC, or a statement clearly expressing his desire to withdraw and including his order number.
An e-mail/message will be sent without delay to the Buyer to confirm that the Seller has taken note of his withdrawal.
Beyond this 14-day withdrawal period, the sale is firm and final.
The Buyer then has a legal period of 14 days from the date of withdrawal to return the package by post to the following address:
Milky Hour
29 rue Jules Ferry
41310 Saint Amand Longpre
France
Return costs are the responsibility of the Buyer.
The products must be returned to the Seller preferably in their original packaging or, failing that, in packaging guaranteeing equivalent and complete protection.
They must be new and must not have been washed or worn so that they can be remarketed in new condition. They must be accompanied by a copy of the corresponding purchase invoice.
In case of deterioration of the products during their return (such as: presence of traces of make-up, deodorant, sweat, smell of perfume, stains) the Buyer will be held responsible and the refund cannot take place.
The refund, including the initial shipping costs, will be made no later than fourteen days from receipt of the package by the Seller.
The refund will be made to the same payment method used for the purchase.
If the payment was made by CB/Mastercard, the latter must still be valid at the time of reimbursement.
7. Retention of title clause
The Seller retains ownership of the products sold until full payment of the price, in principal and in accessories.
8. Warranties
The products benefit from the legal guarantees, that is to say the legal guarantee of conformity and the guarantee against hidden defects. The Seller is effectively responsible for:
1. lack of conformity of the products purchased, under the conditions of article L.217-4 and following of the French Consumer Code. The legal guarantee of conformity applies when the product has a lack of conformity, for example when the product purchased does not function in accordance with the uses for which this product is usually used, or when it does not correspond to the description given;
2. and its hidden defects under the conditions of article 1641 and following of the French Civil Code. The warranty against hidden defects covers the Buyer when the product has a hidden defect, i.e. a defect not apparent at the time of sale which renders the product unfit for its use or which greatly diminishes this use.
The legal guarantee of conformity and the guarantee of hidden defects cannot be applied in the event of misuse of the products purchased or non-compliance with the care conditions provided on the labels.
If the Buyer invokes the legal guarantee of conformity, he:
- has a period of two (2) years from the delivery of the product to act;
- can choose between repairing or replacing the product, subject to the cost conditions provided for in article L.217-9 of the French Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods, except for second-hand goods for which the period is six (6) months.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
If the Buyer decides to implement the guarantee against hidden defects within the meaning of article 1641 of the French civil code, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code. .
9. Personal data
The Seller treats personal data with the utmost vigilance and confidentiality.
For more information on the management of his personal data, the Buyer can consult the Seller's Privacy Policy on the Site under the heading "Privacy Policy".
10. Intellectual Property
The Seller is the exclusive holder of the intellectual property rights to the following elements, without this list being exhaustive:
• On the products offered on the Site.
• On the architecture of the Site: its tree structure, the organization of the headings, the visual and graphic identity, its design, its ergonomics, its functionalities, texts, animated or fixed images, sounds, know-how, drawings, graphics and any other component of the Site.
• On names, acronyms, logos, colors, graphics.
The Seller is the exclusive owner of the domain name “https://www.milkyhour.fr”.
11. Liability and force majeure
The Seller undertakes to describe with the greatest accuracy the products sold on the Site and to ensure, under the best possible conditions, the updating of the information which is disseminated there.
Nevertheless, the parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The Seller cannot be held liable in the event of damage caused by non-compliance with the care conditions provided on the labels and/or communicated by the Seller.
The Seller's liability cannot be retained in the event of a breach of one of its contractual obligations resulting from a case of force majeure as defined by the regulations. In particular, the Seller will not be held responsible for any non-performance or delay in the execution of the Buyer's orders, caused by events beyond its control, such as:
• Strikes, shutdowns or other industrial actions;
• Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic and pandemic or other natural disasters;
• Impossibility of using transport by rail, boat, plane, road or other means of private or public transport;
• Inability to use public and private telecommunications networks;
• Acts, decrees, legislation, regulations or restrictions of any government (eg administrative closure of stores);
• Failure or accidents in maritime, postal or other transport.
The execution of the GTC will be suspended for as long as the case of force majeure lasts and the execution and delivery times will be extended accordingly.
The Seller cannot be held liable for non-performance of the contract or delay in delivery attributable to the Buyer, in particular in the following cases:
- inaccuracy or imprecision of the delivery address provided by the Buyer. In such a case, the costs relating to this new delivery will be invoiced to the Buyer.
the Buyer does not collect the package delivered within the time specified to him by the carrier.
In any case, the liability likely to be incurred by the Seller under the GTC is expressly limited to only proven direct damage suffered by the Buyer.
12. Independence of clauses
If one of the provisions of this contract were cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties.
13. Disputes-applicable law-jurisdiction
In the event of a dispute, the Seller invites the Buyer to contact him at the following email address: hello@milkyhour.fr or via the contact form in order to seek an amicable solution.
Failing agreement, the Buyer may contact the e-commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows:
60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr
If it is impossible to reach an amicable solution, any dispute relating to the interpretation and execution of these GTC will be subject to French law and will be brought before the Commercial Court of Blois.
APPENDIX: Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of: MILKY HOUR
Postal address: 29 rue Jules Ferry, 41310 Saint Amand Longpré, France
Email address: hello@milkyhour.fr
I hereby notify you of my withdrawal from the contract relating to the sale of the product below:
Order number :
Ordered on / received on
Name of buyer(s):
Address of the buyer(s):
Signature of the buyer(s):
(only in case of notification of this form on paper)
Date :