1. THE COMPANY
MIKI MILTON SAS, with a capital of 4,000 euros, whose registered office is at 40, Rue des Blancs Manteaux, 75004 Paris, France, is registered with the Paris Trade and Companies Registry under number 849 545 215 and represented by Mrs. Gaëlle DILL (hereinafter the "Company").
The Company markets stationery items to its Customers via its Website.
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UG") carefully.
The placing of an order implies acceptance of the GCS/CGU.
The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before their purchase.
The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing an order online.
The General Terms and Conditions of Sale set out the terms and conditions according to which the Company sells Products to its Clients via its Website.
They apply to all sales concluded by the Company and apply to any contradictory document, in particular the Customer's general terms and conditions of purchase.
They are systematically communicated to the Client who requests them.
In the event of a subsequent modification of the GCS/CGU, the Client is subject to the version in force at the time of their order.
The photographs or graphics presented on the Website are not contractual.
"Customer" refers to the Consumer having placed an Order for a Product sold on the Website;
"Order" means any order placed by the User registered on this Website;
"General Conditions of Sale and Use" or "GCS/CGU" refers to these general conditions of use and online sale;
"Consumer" refers to the buyer who is a natural person and who is not acting for professional needs and/or outside his professional activity;
"Products" refers to the material things that can be appropriated and which are offered for sale on this Site;
"Site" refers to the present Website, i.e. www.mypageup.com;
"Company" refers to the Company miki milton SAS, more fully described in Article I hereof;
"User" refers to any person using the Site.
Registration to the Site is open to all persons over the age of majority and enjoying their full personalities and legal capacity.
The use of the Site is subject to the registration of a User. Registration is free.
To proceed with registration, the User must fill in all the mandatory fields; otherwise registration will not be possible.
Users guarantee and declare on their honour that all information communicated on the Site, in particular at the time of their registration, are accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
Every registered User has a login and a password. They are strictly personal and confidential and shall under no circumstances be disclosed to third parties, under penalty of deletion of the account of the registered User who is found to be in breach. Each Registered User is personally responsible for maintaining the confidentiality of their login and password. The Company will in no case be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, they should contact the Company as soon as possible, so that the Company can take the necessary measures and regularise the situation.
Each User can only hold one account on the Site.
In the event of non-compliance with the GCS/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the deletion, temporary or definitive, of any such accounts created by the offending User.
The deletion of the account leads to the definitive loss of all benefits and services acquired on the Site.
However, any Order placed and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of the deletion of an account by the Company for failure to comply with the duties and obligations set out in the GCS/CGU, it is formally forbidden for the User who has violated the GCS/CGU to re-register on the Site directly, by means of another e-mail address or by an intermediary without the express authorization of the Company.
Any Order can only be placed once the User has registered on the Site.All orders can be placed 24 hours a day, 7 days a week on the www.mypageup.com website, and from Monday to Friday from 9:30 am to 6:30 pm by telephone on +33 (0) 633 205 144.
A- CHOOSE YOUR PRODUCTS, ADD THEM TO THE BASKET
The User adds the chosen products to their virtual basket and checks the contents (quantity, item, etc.).
B- LOGIN OR ACCOUNT CREATION
The User logs in to their account by entering their e-mail address and password, if any. For a first order, the User fills in the mandatory fields necessary for any order, and a password if the User wants to create an account.
C- CONTACT INFORMATION
The User then gives the invoicing and delivery details with all the specifics necessary for easy delivery (building, floor, stairs, digicode...).
The User will have to check their details and update them if necessary. Miki milton shall not be liable for any delivery error and the costs of reshipment shall be the sole responsibility of the User.
The User chooses their delivery method: relay point, Colissimo or express transport. Shipping costs vary according to the delivery method, the destination and the value of the order.
The price of delivery is indicated as soon as the User chooses it. They can modify it until the payment is made.
By default, the delivery method chosen is Colissimo.
The user then chooses a valid payment method (payment by credit card, bank transfer or Paypal) in order to finalise the Order and effectively form the contract of sale between them and the Company.
The finalization of the Order implies the acceptance of the price of the products sold as well as the terms and delivery charges indicated on the Site.
F- ORDER CONFIRMATION
The User then receives an order confirmation by e-mail. This confirmation will summarize their order as well as relevant information regarding the delivery. The placing of an order constitutes the conclusion of a distance sale between the Company and the Customer.
Miki milton reserves the right not to honour an order for any reason whatsoever and more particularly in the event of a stock shortage, a complete incompleteness or a dispute concerning a previous order.
The User will be informed as soon as possible and within a maximum of 5 working days by e-mail and will be immediately refunded.
G- MISSING PRODUCTS
In the event of stock shortage of one of the products in an order, the Customer will be informed by e-mail within a maximum of 5 working days, and the rest of their order will be delivered to them. Miki milton will proceed to the immediate refund of the missing product.
H- CANCELLATION OF ORDER
The Customer may cancel their order before delivery by using their right of withdrawal (see Art. 10).
6. PRODUCTS AND PRICES
The Products covered by the GCS/CGU are those that appear on the Site and that are manufactured, sold and shipped. directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is made within the limit of the Company's available inventory. The latter cannot be held responsible for out-of-stock conditions or the impossibility of selling a Product for which the inventory is non-existent.
When a Registered User wishes to purchase a Product sold by the Company through the Site, the price of the Product will be the same as the price of the Product itself, indicated on the Product page corresponds to the price in euros, all taxes included (including VAT), excluding shipping and handling costs and takes into account the applicable discounts in force on the day of the Order.
Prices may also be quoted in U.S. dollars, $, or pounds sterling, £. The total amount of the order will then be charged in the chosen currency.
Prices are indicated with the official French VAT applicable on the day of the Order. Any change in the VAT rate will be immediately reflected in the price including VAT displayed on the Site.
The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order.
Orders to countries outside the European Union are not subject to VAT. The price invoiced shall be that indicated on the site. These orders may be subject to taxes or customs duties which shall be charged exclusively to the Customer.
Under no circumstances shall a Customer be able to demand the application of discounts that are no longer in force on the day of the Order.
7. TERMS OF PAYMENT
All sales are paid cash at the time the Order is placed.
Payment can be made by :
- Bank transfer
- Credit Card
Bank payments are processed through our partner Ingenico. 3D-Secure Cardholder Authentication offers an additional level of protection with Secure Cardholder Authentication (Verified-by-Visa, Mastercard SecureCode, American Express SafeKey, Diners ProtectBuy and J/Secure).
In the event of non-payment of the Products at the time of the Order, the Order will be cancelled.
The Products are delivered exclusively in the following geographical areas:
- France and French overseas departments and territories :
Metropolitan France, Corsica, Guadeloupe, French Guiana, Martinique, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin.
Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guernsey, Hungary, Canary Islands, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
- World :
Argentina, Australia, Bahrain, Brazil, Canada, China, South Korea, Israel, Japan, Lebanon, New Zealand, Reunion, Singapore, Taiwan, Turkey
The Company undertakes to make every material and human effort to ensure that the Products are delivered as soon as possible. The delivery time may vary depending on the Customer's geographical area, the delivery method, or choice of Product.
In case of exceeding the delivery deadline of 15 days, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgement of receipt, after having directed the Company, under the same terms and conditions, to complete the delivery within a reasonable grace period, and if the Company has not complied.
In this case, the Customer will be refunded within 30 days if payment has already been made.
In case of force majeure, miki milton undertakes to notify the Customer as soon as possible by e-mail and shall proceed to the immediate refund of the totality of the Order without notice and within a maximum of 14 days.
In the event that the delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address, and the additional delivery costs will be at the exclusive charge of the Customer.
Moreover, the Company cannot be held liable for reasons related to the exceeding of delivery times:
- in times of high demand, such as the holiday season,
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unpredictable, irresistible event beyond their control,
- for facts attributable exclusively to the carrier responsible for the delivery.
Delivery is made, according to the Customer's choice, to the address indicated by the Customer when placing the Order and according to the prices indicated on the Site:
The delivery is made by La Poste according to its current deadlines. The Customer may be delivered to their home with hand delivery.
- In case of absence, delivery will be made to letter boxes or post offices. If the Customer has not picked it up within 10 days, the parcel will be returned to the sender.
- Usual delivery time: 48hrs.
- Usual delivery time Mondial Relay: 5 working days.
- Usual delivery time Parcel relay: 2 working days
For the withdrawal of the Products, a valid identity document will be required. Failing this, the Products ordered cannot be given to the Customer.
If the Customer has not picked it up within 10 days, the package will be returned to the sender.
EXPRESS TRANSPORT (TNT, UPS, DHL)
- by the UPS company according to its delivery times in force, 24 or 48 hours depending on the region of the world.
- by the DHL company according to its delivery times in force, 24 or 48 hours depending on the region of the world.
- by the company TNT according to its delivery times in force, 24 or 48 hours depending on the region of the world.
- by the company Chronopost according to its current delivery times, 24 or 48 hours depending on the region of the world.
A delay in delivery will not give rise to any compensation or indemnity.
If thirty days after the Order has been placed, the Customer has not received the Order, miki milton shall reimburse the Customer for the full amount invoiced, excluding damages.
The delivery is free in metropolitan France for any order over 55 euros.
For all Orders placed on this Site, the Customer has a right of complaint within 15 days of delivery of the Product. It is their responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly made at the time of delivery, the Products are deemed to comply with the conditions of the Order.
To exercise this right of complaint, the Customer must send the Company, at the following address: email@example.com, a statement in which they express their reservations and complaints, together with the related supporting documents (receipt slip countersigned by the carrier, photographs, etc.).
A claim that does not comply with the conditions described above will not be accepted.
The Company will replace or refund the Product as soon as possible, at its own expense.
10. RIGHT OF WITHDRAWAL OF THE CONSUMER
The Consumer has a right of withdrawal for 15 days from the date of placing the Order.
To exercise this right of withdrawal, the Consumer uses the form "Withdrawal Form" provided to that effect on the Site or copy it afterwards.
The Products must be returned in perfect condition within 8 days from notification of withdrawal by the Consumer to the Company. The direct costs of returning the Products shall be borne by the Consumer.
The Consumer shall be reimbursed for the totality of the fees paid for placing the Order within the following 14 days of the Company's acknowledgement of its declaration of withdrawal.
The refund will be made by the same means of payment as the ones used at the time of the purchase.
Withdrawal form :
I hereby notify you of my withdrawal from the contract relating to the sale of the property below :
Order number : […………………………………..……………………]
Name of consumer(s) : [………………………………………………………………]
Address of the consumer(s) : […………………………………………………………………… ……………………………………………………………………………………………………………………………]
Date : [……………………………………]
Signature of the consumer(s) (only if this form is notified on paper)
miki milton suggests to the Customer to make the return of its products by registered mail guaranteeing, if necessary, the compensation of the products up to their real market value in case of loss of these goods. In all cases, the return is made at the Customer's risk. It shall be the Customer's responsibility to keep any proof of return. The return costs shall be borne by the Customer, who is free to choose the shipping method.
Return Parcel Address :
7 Menou Street
Tel.: +33 (0) 633 205 144
Failing to meet the deadline, miki milton will not be able to refund the Customer.
11. TRANSFER OF RISK AND OWNERSHIP
The Company retains ownership of the Products sold until full payment of the price by the Client.
12. LEGAL WARRANTIES AND CLAIMS
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of the delivery.
It shall also be liable for defects of conformity resulting from packaging, assembly instructions or the installation when it has been charged to them by the contract or has been carried out under their responsibility. ”
Article L.217-5 of the Consumer Code :
"The good is in conformity with the contract:
- if it is fit for the use usually expected of a similar good and, where appropriate:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, particularly in advertising or in the form of a sample or model, and labelling;
Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the knowledge of the seller and accepted by the seller."
Article 1641 of the Civil Code :
"The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unsuitable to the use for which it is intended, or so diminish that use that the purchaser would not have acquired it, or ...would have given a lesser price if they had known them."
Any Product resold altered, modified or transformed is not covered by the warranty.
The warranty is limited to the replacement or reimbursement of non-conforming or defective Products.
It is excluded in the event of misuse or abnormal use of the Product as well as in the case where the Product would not comply with the legislation of the country in which it is delivered.
The Client shall inform the Company of the existence of the defects within three months. The Company will replace Products deemed to be defective to the extent possible. If the Company's liability is retained, the guarantee is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.
The replacement of the Products shall not extend the duration of the warranty.
All complaints must be made by the contact form here, by e-mail, by telephone or by mail.
Contact address: firstname.lastname@example.org
Telephone: + 33 (0) 633 205 144
40, rue des blancs manteaux
The Company reserves the right to modify the Site, the GCS/CGU as well as any delivery or other procedures and constituent elements of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out in the GCS/CGU in force at the time the Order is placed.
14. PROCESSING OF PERSONAL DATA
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of their data, they are asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulations 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to question, access, rectify, modify and oppose at any time all of their personal data by writing, by contact form here, by post or by e-mail, and by proving their identity, to the following address:
40, rue des blancs manteaux
e-mail address : email@example.com
This personal data is necessary to process the Order and to issue invoices if necessary, as well as to improve the functionality of the Site.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although the Company is doing everything in its power to ensure that the Website is always up and running, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any operation of update, improvement or maintenance.
As previously mentioned herein, the Company cannot be held liable for delays in delivery for reasons beyond its control, for reasons independent of its will, unpredictable and irresistible or for which it cannot be held responsible.
16. INTELLECTUAL PROPERTY
miki milton and Page'up are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company.
Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the authorization of The Company's express intention to do so will expose the offender to civil and criminal prosecution.
17. JURISDICTION CLAUSE
The law governing the GCS/CGU is French law. Any dispute that may arise between the Company and a User at the time of the execution of the present will be the subject of an attempt at amicable resolution. Failing this, the disputes will be brought to the attention of the competent courts of common law.
18. ACCEPTANCE OF THE GTC/UGC
The Customer or User expressly accepts the GTC/UGC.
The Customer declares that they are aware of them and waives the right to rely on any other document, in particular their own general terms and conditions of purchase.
The Consumer acknowledges having had knowledge of the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular :
- the essential characteristics of the Product;
- the price of the Products;
- the date or the deadline by which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal, telephone and electronic contact details);
- information relating to the legal and contractual guarantees and their terms and conditions of implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (deadline, procedures for exercising this right).