General Terms and conditions

1. Scope

Except otherwise agreed upon by a written statement, our terms and conditions of sale shall replace and void all other general terms and conditions of the purchaser. No agreed exception shall constitute innovation. These general terms and conditions of sale shall govern the current and future contractual relationships between the purchaser and the Miliboo company. The Miliboo company registered office is located at 17 rue Mira - Parc Altaïs 74650 CHAVANOD, FRANCE; tel.: 020 3355 9809 (limited liability with a capital of 482 719,30€, and is listed in the Trade and Companies Register of ANNECY under number B 482 930 278, FR VAT number 10482930278), owner of the Miliboo.com website.

Confirmation of the order is subject to the purchaser’s full acknowledgement of these General Terms and Conditions of Sale. It also constitutes the full acceptance by the purchaser of the prices in effect at the time of the order and of all our quotations, purchase orders and invoices.


2. Security

All transactions on our website are secured by an SSL encryption process and the use of an Electronic Payment Terminal (EPT) in order to efficiently protect all the sensitive data linked to means of payment.


3. Title Retention Clause

Pursuant to the French Law No. 80-335 of May 12th 1980, the delivered goods shall remain property of Miliboo until the full payment of the purchase price.


4. Products

Our products features are found on the website under the "Technical Features" section.


5. Payment conditions

It should be noted that for any payment by bank card of an amount at least equal to £500 and less than £2000, private individuals must systematically provide proof of address.
For companies, the bank account details and a certificate of incorporation dating not more than three months from when they were issued must be submitted.

Accepted payment methods:

• Bank card

• Wire transfer (no supporting document is required in this case)

• Paypal

Cards with systematic authorisation such as Electron or Maestro, e-cards, Indigo or American Express
are not accepted.


6. Prices and Their Modification

The prices of our products are in Pounds Sterling, they include all taxes and are exclusive of the cost of processing, shipping and insurance.
For delivery in any country of the European Union besides France (where the company invoices are exclusive of tax), please fill in the field "company" as well as your intra-Community VAT number, in accordance with applicable legislation.
To validate the exemption from tax when invoicing, we shall check the validity of your VAT number from V.I.E.S. (VAT Information Exchange System). If your intra-Community VAT number is not valid, the VAT will be charged to you and the transaction shall only be completed after full payment of the VAT and the purchase price.
Prices applied are the ones in effect at the time the order is confirmed. These prices exclude delivery fees which vary depending on the client's delivery address and the weight of the parcel. Delivery fees shall be specified in the basket and confirmed when the order is validated. The total cost of the order will include the delivery fees. All orders, regardless of their origin, shall be payable in Pounds Sterling. Miliboo reserves the right to modify its prices at any time but the price payable by the purchaser is the price applicable at the time the order is paid and within the limit of the available stocks.

Our prices are subject to modification according to their application, as provided in the article R 543-247 of the Environment Code, contribution to the cost of furniture waste disposal.


7. Orders And Access To The Internet

Orders may be placed either by phone or through websites owned by the Miliboo company. They may also be placed through partner websites of the Miliboo company. In that event, these terms and conditions shall remain applicable. It shall be the purchaser's responsibility to ensure access to the websites. The purchaser shall bear the costs of internet access and telecommunications when placing a call to the sales department or customer service. No order modification by the purchaser shall be acknowledged unless it is in written (by e-mail, fax or mail) and delivered to us before the shipping of the products.


8. Validation

You acknowledge that checking the box related to these general terms you give your full and irrevocable consent to the said General Terms and Conditions whereby it constitutes a consent to the contract.
Your contract, to which you may have access by a simple written form, shall be automatically archived.
When you click on "validate" after placing your order, you fully and unconditionally agree to the general terms and conditions. Data kept by Miliboo constitute proof of all transactions concluded between Miliboo and the purchaser. For a credit/debit card payment, the data saved by the payment system are evidence of financial transactions.


9. Order confirmation

For any online order you will receive confirmation within 24h following your order.


10. Modifying Your Order

No modification to the order shall be acknowledge unless it is made in written (by e-mail, fax or mail) and delivered to us before the shipping of the goods.


11. Cancellation of the Order

In case of cancellation of the order before despatch of your parcel, you need to inform us of your decision by email to the following address: info@miliboo.co.uk We will proceed with the refind of the received sums within 14 days at the most after receipt of your email.


12. Disputes

In case of cancellation of the order before despatch of your parcel, you need to inform us of your decision by email to the following address: info@miliboo.co.uk We will proceed with the refind of the received sums within 14 days at the most after receipt of your email.


13. Availability

Delivery deadlines shall be indicated on every product sheet and calculated on the basis of working days (from Monday to Friday, excluding public holidays). For orders placed by phone, the delivery deadline shall be given by phone. As regards items whose delivery is scheduled for different dates depending on availability, the delivery deadline shall be based on the longest deadline. However, Miliboo shall reserve the right to divide the deliveries. Participation in processing and shipping charges shall be billed for one shipment. For products which are not stored in our warehouses, our offers shall be valid as long as the products are available in our partners' or suppliers' warehouses. Any exceptional error or modification relating to information coming directly from our partners or suppliers shall be considered beyond our control. Delivery deadlines shall be communicated by our partners and may be affected by factors beyond our control. Consequently, they shall not give rise to any claim for damages whatsoever on the part of the client in the event of late delivery for a reason not attributable to Miliboo. If the product is totally or partially unavailable, our services shall inform you of this unavailability by e-mail and you shall be given the choice: either you agree to receive a product whose quality and price is equivalent to the product ordered, or you are refunded the price of the ordered product. If an order is delivered more than 7 days late, the client may request the termination of the contract. In this event, the customer shall be refunded no later than within 30 days.


14. Delivery and transport

Delivery will be made by a transport company. It will only be possible once the customer has confirmed the order and paid completely. The banks concerned must approve payment in advance. In case of refusal by the bank, the order will automatically be cancelled. On the other hand, Miliboo reserves the right to reject any order from a customer with whom there is an existing dispute. The delivery charges will be indicated at the time of ordering by the customer. The items are delivered at the delivery address that you provided when placing your order. In case a wrong address was given to us and if we have to forward the item to a new address, the forwarding charges will be duly billed and before forwarding.

We reserve the right to request all justifications of the identity of the buyer and the delivery address before sending. The time limits indicated are average and correspond to the time limit in processing and delivering for items heading to metropolitan France.

Concerning articles delivered on different dates taking into account their availability, the time limit for delivery is based on the longest time limit. Miliboo however reserves the right to split up the deliveries. The participation in processing and sending fees will be billed just for one delivery.

In case of delay due to an internal, external strike, a disaster or any other event that prevents normal delivery of the items, Miliboo cannot be held liable .




After receiving your parcel, it is imperative to verify its content in front of the transporter . The risks linked to the transport will only be borne by Miliboo in cases where the customer has verified the goods on receipt in the presence of the transporter and made some specified reservations which he must communicate in writing on the delivery form (indicate the damages noticed before signing the delivery form). Therefore, the customer has to perform a visual check before signing the transporter-delivery slip.



In all cases, the customer has the right to reject any parcel which is damaged or opened. We will re-send a new item within the shortest time limit at our own cost..


For any damaged product during transport and whose delivery was done by Colissimo, you have to MANDATORY report the problem to your post office within 48 hours of the working day following the signing of the receipt slip in which case the post office will issue you with a complaint form.



Any goods accepted by the customer without any specified reservations on the delivery slip will be considered fully delivered and in good condition (number of parcels, goods, identity in relation to the order, etc.): under this hypothesis, Miliboo would bear no responsibility.
In case of a reservation made on the delivery slip, the customer would have to file a complaint within the next 72 hours fr


15. Claims

By signing the delivery slip, the customer accepts the delivered items in their condition  and does not have the 72 hour time limit as said above to file a complaint to Miliboo. Miliboo can bear responsibility within these 72  hours only if the customer the customer made some specified and motivated reservations to the transporter and that he notifies to Miliboo within this time limit through LRAR or  a complaint through a bailiff. This complaint will equally be admissible if it is filed in within the same time limit in the your ''My Account'' space on our website,  ''After Sales Service'' - ''Recei[t of damaged goods'' column. After this deadline, no complaints would be accepted.

It is the customer's responsibility to make all verifications and to make all reservations at the arrival of the item and to file , where relevant,  any complaint against the transporter.



After receiving your parcel, it is imperative to verify its content in presence of the transporter.
NOTE, in case of any damages noticed on your item, imperatively refuse the parcel by indicateing with the note: rejected (you can state the cause: Example rejected damaged).

Note:  comments like  '' subject to' or without subject to loose goods'' are not  legally valid, you therefore open and verify the parcel.
We will resend a new item as soon as possible and bear the charges.




For all complaints with regards to flaws in the products delivered with an inaccuracy in the quantities or to a erroneous reference as compared to the order which was confirmed by Miliboo, and in order to process your complaint within the shortest time limit possible, we call on you to create an CS file in your ''My Account'' space on our site,  ''After Sales Services'' - ''Receipt of a damaged product'' sales . You will then be attributed a file number.


unless  in case of the right of revocation or the legal warranty of conformity, all returns need prior approval from Miliboo. Without approval, all goods returned will be put at the customer's disposition at his own charge, risks and responsibility, all charges linked with transport, storage, handling will be borne by the customer. The return of the goods will be done at the customer's charge, risk and responsibility.

Note that you have to imperatively return the damaged article, even if it was delivered completely broken. After receiving the article and noticing the damage, we will exchange or refund as you wish. Therefore you do not have to throw away the item whatever the case


No right of revocation will be accepted on customised goods , for example Up To You customised tables produced to your specifications.


16. Consumer Ombudsman

In accordance with the provisions of the Consumer Code concerning the friendly settlement of disputes, MILIBOO accedes the service of the e-commerce ombudsman of the FEVAD(Fédération du e-commerce et de la vente à distance) whose address is: 60 rue de la Boétie – 75008 Paris – http://www.mediateurfevad.fr/. If the client has written to Miliboo to report his/her case and no agreement has been reached between Miliboo and the client, the Ombudsman's Office may be asked to intervene to resolve the dispute. To find out how to refer the matter to the Ombudsman, click here .
< br> At European level, the European Commission makes available to you an online dispute resolution platform .


17. Return Policy

Ask ans CS: missing goods, incomplete parcel, damaged goods, faulty goods, goods exchange... you just need to go to your ''My Account'' - ''After Sales Services'' customer space section to fill in the CS form. An RMA number will be given to you, it will enable our teams to process your complaint. Our advisers will then get in touch with you within 48-72 hours.


In case of retraction :  


The deadline for retraction expires in fourteen days after you, or another person other than the transporter and mandated by you, physically receives the good. To exercise this right of retraction, the product must be new and in perfect condition. Miliboo puts at your disposal a retraction form available on your ''After Sales Services" client space section. You will then be issued a return number RMA. This number has to be imperatively written on the parcel to be returned. If need be, you can send us a letter to Miliboo, 17, rue Mira-Parc Altaïs, 74650 CHAVANOD, attesting your decision to retract from the present contract by a statement void of any ambiguity. After receiving this mail, our After Sales Services will get in touch with you in order to allocate you an RMA number.

All returned goods will have to be reparceld in an identical wrapping.



Refund  : In case of retraction on your part from the present contract, we will refund you the complete sum received including the delivery charges (with the exception of the additional costs resulting from the fact that you have chosen, if appropriate, a delivery mode other than a standard less expensive mode of delivery proposed by us) without excessive delay and, in any case, at the most within most fourteen days starting from the day of receipt of your parcel in our warehouse (L121-21-4 of the Consumers' code). We will proceed with refund by using the same means of payment used in the initial transaction, unless you indicate otherwise; in which case, this refund will not incur charges for you.

The refund assumes that you have not damaged the goods, and they have been sent in their entirety. If not, Miliboo reserves the right to apply a fee, as the law permits, on the product returned.



Modalities of return : You have to return or give back the item, to Miliboo 17 rue Mira - Parc Altaïs, 74650 CHAVANOD - France without excessive delay and, in any case, at the latest fourteen days after receiving your order. This deadline is strictly respected if you return the goods before the expiry of the fourteen-day deadline. All the parcels should carry the RMA return number given to you during the creation of your CS file.



Return charges : The return charges will be borne by you when the return charges are taken care of by Miliboo. You have the possibility of choosing a transporter of your choice. If your parcel is less than 30kg, then this parcel can be returned by post Office, you will therefore directly be in charge of the sending charges. If the weight of the parcel is more than 30kg, you have to contact a transporter of your choice or ask Miliboo to take charge of the return. Knowing that the return charges will be the same as those paid during delivery of your order. If you have benefited from a delivery offered due to a special offer, this does not entitle you to a free return. The return charges will be equal to the usual applicable prices for a standard delivery on this item.



Any parcel whose weight does not exceed 30kg can be deposited at the shop to the following address:

MILIBOO

100 rue Reaumur

75002 Paris


In the case of the return of the parcel in the shop, no charges linked to transportation will be asked from you.


18. Warranty

You will benefit:

A two-year Legal warranty of fitness starting from the date of receipt of the item from the customer: in conformity with the Hamon law against any functional or aesthetic deterioration resulting from flaws or latent defects (articles 1641 and following of the civil code)1_x000B_.

A two-year contract guarantee proposed by Miliboo. Installing spare parts by Miliboo2.

In any case if you wish to exercise your guarantee on a good, you have to create an CS file before hand by going to Customer Service section of you client space. Our advisers will then contact you to tell you the steps to follow.

1. In case of a dispute the customer who states that his good has a latent defect must show proof: either by returning the good with a defect, know that all returns are the responsibility of the customer. The cost incured during return will be refunded if Miliboo notices that it was a manufaturing defect. On the other hand, if it is the case of a wrong use of the product, the return and resending charges will be borne by the customer. Either by commissioning an expert so that he confirms the latent defect. If the expert confirms the presence of a latent defect, the product concerned has to be sent to customer service within the appropriate deadline. After receiving the document, a return number as well as the procedure to follow in order to return the product will be given to you by our customers' service. Your return will be accepted only after noticing the latent defect by our services. For any complaint or warranty claim, it is imperative to keep and present your purchase invoice of the goods. Any request for a duplicate will be billed at 5 £(search fee)._x000B_ The guarantee can not be implemented if:_x000B_- The material was wrongly mounted, wrongly installed, wrongly maintained by the user._x000B_-The material has undergone repairs, modifications, transformations by the user._x000B_-The material has been damaged by the user._x000B_- The damages are a result of negligence, wrong usage, non respect of the instructions by the seller._x000B_- The products are returned broken or damaged._x000B_ Deteriorations or flaws provoked by the natural use or external accidents(wrong mounting, faulty maintenance, abnormal use...), or again by the intervention of an outsider are excluded from guarantee. No guarantee is provided for damages which can be caused by an outsider on the item sold.

2. Spare parts guarantee 1 year.


19. Liability

The products proposed are in accordance with the existing French legislation Miliboo can not take responsibility in case of non respect of the country's legislation where the goods are delivered. It is your prerogative to check with local authorities the possibilities of importing or using the goods or services that you hope to order. Pictures illustrating the goods presented are not contractual from the moment if there only are non substantial differences ( examples: colour variations, appearance, aspects between the picture presented on our site and the goods ordered ). Miliboo is only responsible for the technical characteristics mentioned.

Miliboo can not be held responsible for the non execution of the contract concluded because:

- of the appearance of unpredictable and insurmountable
- force majeure of an outsider to the contract,
all such that the event or the the fact is usually eligible and retained by the tribunals, due to the consumer.

You have to check the accuracy of the information given during the order notably the delivery address. You remain sole responsible for the information that you have provided during your registration and your order.
Miliboo can not be held responsible for subsequent errors which could cause errors in delivery. Miliboo can not be held responsible of subsequent errors by the customer and/or the non respect by the customer of the modality of delivery and appointment that he must arranged with the transporter. If need be, the necessary charges for return and storage of the goods will be borne by the customer.
Without detriment to the previous paragraphs, Miliboo's responsibility with the terms of the present General Conditions can not exceed in case of sales to professionals, an amount equal to the sums paid and payable during the original transaction of the said responsibility, no matter the cause or form of the action concerned.
You are sole responsible for the choice and purchase of an item. Consequently, the partial or total impossibility to use the goods notably for reasons of incompatibility of the material can not give room to any compensation, reimbursement or questioning the responsibility of Miliboo, except in the case of a proven latent defect, of non conformity, faultiness or exercise of the right of envisaged retraction provided for by the Consumers' code.
For goods acquired for professional reasons, Miliboo will bear no responsibility for any indirect damage due to the present, operating loss, loss of profits, exchange discount, damages or charges. Hypertext links can redirect to sites other than www.miliboo.com
Miliboo is not responsible in cases where the contents of these sites go against the present regulatory and legal dispositions.


20. Product Presentation

The characteristics of the products online are presented in the product form. The 1 week delivery deadline is valid only for particular products: “Delivery 1 week" on the product form. For other products, conform to the indicated deadline on the description of the product on the day of your order. In case of a modification of the technical characteristics by the manufacturer published by the latter without prior information from Miliboo, they can not be held responsible for these modifications (Article L 211-6 of the consumers' code).
All texts and pictures presented on Miliboo's site are reserved, under authors' right and intellectual property. Any reproduction, even partial, is strictly forbidden. Miliboo.com distributes the ''Enzo Fratelli" brand. “ Enzo Fratelli" is a trade mark, property of Miliboo


21. Protection Of Personal Data

In conformity with the French law "Informatique et libertés" n°78-17 of 6 January 1978, you have an access right and rectification of data which concerns you and you can exercise this right by sending a letter to the following address:
Miliboo
17 rue Mira - Parc Altaïs
74650 CHAVANOD
FRANCE


22. Customer Reviews

Comments posted on Miliboo.com are those made by verified buyers. An internet user cannot leave a comment on a product without having purchased it. Those comments help internet users choose their products. All customers wishing to leave a comment shall respect the applicable laws and regulations, without causing prejudice to public order and ethics and without violating the personal rights of individuals. Moreover, they also not communicate personal details. They are responsible of the content of their message and the consequences of the publication. In order to avoid abuse, Miliboo.com reserves the right to check, moderate and to choose whether to publish or withhold the comments of its customers.


23. Governing Law And Disputes

The present contract is registered under French law For professionals only, the Tribunal of commerce of Annecy is competent to hear matters of dispute. For individuals, any disputes can be heard at competent tribunals.