CGV & LEGAL NOTICES

PREAMBLE

www.cottonmilkshop.com is an e-commerce site for online sales of fashion items and similar accessories.

This website is operated by COTTON MILK by SAS PAPAYA. On this site and in these general conditions of sale and use, the terms “we”, “us” and “our” refer to COTTON MILK , the terms “you” refer to the Customer.

Anyone who places an order on the site www.cottonmilkshop.com acknowledges having read, understood and accepted without reservation these general conditions of sale.

All new features and all new tools that will be added subsequently to this store will also be subject to these General Conditions of Sale and Use.

By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.

Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your services.

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE

1-1 ORDER

The fact of validating your order implies for you the obligation to pay the price indicated. The amount(s) of the product(s) purchased is (are) debited when ordering. Orders are only processed and goods shipped once payment has been received.

COTTON MILK will then confirm this order to you by sending a confirmation email. Then, when it is shipped, a shipping confirmation email will be sent to you. This email will summarize: items purchased, payment information, delivery information, order number and your tracking number.

COTTON MILK reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which may be due by The Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the COTTON MILK Website , including in connection with previous orders.

Also, in the event of an error in entering the email address concerned, or non-receipt of the email order confirmation message, COTTON MILK cannot be held responsible. In this case the sale will be considered final, excluding cases of cancellation of the order by COTTON MILK , in particular due to unavailability of the products.

1-2 PRODUCTS

We print your items in France upon ordering.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time.

COTTON MILK is not held responsible for information and public statements from its suppliers of which it is not aware and which it was not legitimately in a position to know.

1-3 SELLING PRICES OF PRODUCTS

The sales prices of the items appearing on the Site are indicated in Euros and calculated excluding taxes. They are not increased by the VAT rate, the status of sole proprietorship implies a VAT exemption, according to article 293 B of the CGI.

The prices of the items are exclusive of delivery costs. The amount of delivery costs is specified on the site before validation of the order.

COTTON MILK reserves the right to modify the prices of the items at any time, the items being invoiced on the basis of the prices in force at the time of validation of each order. The price of the items invoiced is therefore that indicated when ordering.

The articles remain the entire property of COTTON MILK until full payment of the price, which the customer acknowledges and accepts.

1-4 DELIVERY

All our shipments, whether in France or internationally, are accompanied by a tracking number. For deliveries in France, delivery is made by La Poste. This tracking number is communicated by email when the order is picked up by the carrier.

If the Customer enters an incorrect delivery address and their order is returned to us, re-shipment is possible but the costs of the new shipment will be borne by the customer.

Delivery times and costs are brought to your attention on the page Delivery and reproduced below:

Processing time

Upon receipt of payment, the order is printed and shipped from the workshop in the south of France between 2 and 4 days. This time allows for production, verification, quality control and packaging of your order.

Delivery time (variable depending on the destination and the current health situation)

• In France the delivery time is 2 to 3 working days.
• In Europe the delivery time is 3 to 5 working days
• In the rest of the world, the delay is 5 to 8 working days

Please note that we cannot be held responsible for a delivery time not respected by the carrier and that there are certain delays that we are not able to predict. They may be linked to a customs clearance, a natural disaster, a strike or others.

Our delivery rates are calculated as accurately as possible, based on the exact weight of your package and are accompanied by a tracking number. They are indicated at the time of validation of your order.

List of countries included in the Europe zone:
Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Czech Republic, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Kingdom -United Kingdom, Slovakia, Slovenia, Sweden, Switzerland (including Liechtenstein).

More information on Delivery is available on our page Delivery .

1-5 PAYMENTS

All orders are payable in euros.

The price invoiced to the customer is the price indicated in the order confirmation sent to the customer by email. The order is payable immediately, by credit card (CB, Visa, MasterCard, American Express) or Paypal account. Transactions carried out on the site are entrusted to a secure online payment platform Paypal and credit card. They are secured by a solution which presents highly secure pages for entering payment data: card number, expiration date and visual cryptogram. This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.

The Customer guarantees COTTON MILK that he is fully authorized to use the payment card for payment or the Paypal account for his order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his order on the site merseamersea.com

COTTON MILK cannot be held responsible for any fraudulent use of the means of payment used.

COTTON MILK reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of payment incident.

Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to unpaid amounts after a period of ten days following the date of supposed payment or upon notification of bank payment rejection. for any other means of payment.

Delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the provisions herein.

It is up to the Customer to save and print their payment certificate if they wish to keep the banking details relating to their transaction.

ARTICLE 2 – RETURNS AND REFUNDS

Right to retract

In accordance with national and European legal provisions protecting the consumer, you have a period of 14 clear days from receipt of your order to exercise your right of withdrawal and this without having to justify reasons to pay penalties, The exception, where applicable, is the shipping costs of the return package which remain your responsibility. After the 14-day period, we only accept the return of products that are defective or do not correspond to those you ordered. Notification of withdrawal must be made by email to: hello @cottonmilkshop.com

Return of a product presenting a quality defect or not corresponding to your order

Despite the greatest care taken with your orders and despite the quality control carried out before each shipment, it may exceptionally happen that an item presents a quality defect or does not correspond to the item you ordered. In this case you have 30 days from receipt of your order to obtain a refund. You must then contact us at this address: hello @cottonmilkshop.com giving us your order number, first and last name as well as a photo of the product with a description of the defect or problem. We will send you a new product at our expense or issue a refund depending on your choice.

The products must be returned in their original packaging. Any incomplete, damaged, damaged product and/or therefore the packaging has been damaged will not be returned, exchanged or refunded.

We offer a refund in the following situations:

- when you exercise your right of withdrawal within the stipulated period of 14 days.

- if the product you received has a quality defect or does not correspond to your order, within 30 days.

In this situation we also offer to send you a new product at our expense.

- in the event of official loss of your package declared by the delivery organization.

In this situation we also offer to send you a new product at our expense. This provision does not apply to products indicated as “delivered”.

We do not offer refunds in the following situations:

- Packages returned to us for lack of address or non-complaint may be re-shipped for a re-shipment fee but will not give rise to any refund.

- your order has not arrived due to exceptional circumstances (for example in the event of a customs hold or natural disaster)

- any other exceptional circumstances beyond our control.

Refund requests must be sent by email: hello @cottonmilkshop.com

Once your refund has been accepted or the return received, we will pay the amount due between 3 and 7 days maximum directly via the payment method used when placing your order.

ARTICLE 3 – GENERAL CONDITIONS

We reserve the right to refuse access to the Services to any person at any time, for any reason.

You understand that your content (not including your credit card information), may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. express written notice on our part.

ARTICLE 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is not accurate, complete or current. The content of this site is provided for general information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, more complete and timely sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain some previous information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 5 – ACCURACY OF BILLING AND INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time. the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from merchants, resellers or distributors.

You agree to provide complete and accurate order information for all orders placed on our store. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

ARTICLE 6 – THIRD PARTY LINKS

Certain content and products available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant or assume any liability for any content, websites, products, services or other materials accessible on or from these third party sites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such third-party websites. Please review the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties' products should be referred to the same third parties.

ARTICLE 7 – PERSONAL DATA

Any purchase on the site www.cottonmilkshop.com can be made without creating a customer account. We only collect the data that is necessary for us to fulfill the order and send your products.

Submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number declaration in progress

All information provided is only used within the framework of your commercial relationship with www.cottonmilkshop.com . This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or our partner's secure payment module. The Site uses cookies (connection cookies), which the user is informed of when arriving on the website, which allow information relating to the computer's navigation on the website to be recorded. These cookies are only installed after acceptance by the user, continued navigation on the website constitutes acceptance. The user can oppose the use of these cookies by configuring their browser, knowing that access to certain services may require the user's prior acceptance of cookies.

ARTICLE 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, charges or fees. shipping of products, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. , at any time and without notice (including after you have placed your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website, should be taken into account in concluding that information in the Service or on any related website has been modified or updated.

ARTICLE 9 – PROHIBITED USES

In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl or scan the web (or any other resource); (j) for lewd or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

ARTICLE 10 – COMPENSATION

You agree to indemnify, defend and hold harmless COTTON MILK , our partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable fees. of attorney, made by any third party because of or arising from your violation of these General Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.

ARTICLE 11 – SEVERABILITY

In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or inapplicable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation should not affect the validity and applicability of all other remaining provisions.

ARTICLE 12 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes.

These General Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You may terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we judge, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you. in advance and you will remain liable for all amounts owed up to and including the termination date, and/or we may deny you access to our Services (or any part thereof). ).

ARTICLE 13 – ENTIRE AGREEMENT

Any failure on our part to exercise or apply any right or provision of these General Conditions of Sale and Use should not constitute a waiver of this right or provision.

These General Conditions of Sale and Use or any other policy or operating rules that we publish on this site or in respect to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use).

Any ambiguity regarding the interpretation of these General Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.

ARTICLE 14 – APPLICABLE LAW

These General Conditions are subject to French law and French standards in force.

ARTICLE 15 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE

You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these General Conditions of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the publication of any modifications to these General Conditions of Sale and Use constitutes acceptance of these modifications.

ARTICLE 16 – GUARANTEES – LIMITATION OF LIABILITY

The responsibility of COTTON MILK with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. COTTON MILK will under no circumstances be liable for the following losses, regardless of their origin:

- loss of income or sales

- operating loss

- loss of profits or contracts

- loss of planned savings

- data loss

- loss of working or management time

- image damage

- loss of chance, and in particular to order a Product,

- moral damage.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.

COTTON MILK provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or interfere with the proper functioning thereof, including any transmission resulting from a download of any content made by the Client, the software used by the Client to download the content, the Site or the server which allows access to it. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. this order proving harmful.

The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content.

COTTON MILK is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

Additionally, COTTON MILK guarantees consumers against lack of conformity and hidden defects for the Products sold on the Site under the following conditions:

Apparent defect - Guarantee - Legal conformity - Hidden defects

The presence of an apparent defect on a Product must give rise to a complaint by email ( hello @cottonmilkshop.com )

The Customer must comply with the procedure relating to the right of withdrawal by informing COTTON MILK in advance by any means of the existence of this apparent defect, so that the return can be accepted.

Subject to validation of non-conformity or a hidden defect by COTTON MILK or the manufacturer as the case may be, the Customer benefits from the following guarantees:

COTTON MILK acts as a guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Thus the Customer:

- benefits from a period of two (2) years from delivery of the Product to act in the event of lack of conformity of the Product,

- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,

- can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.

The hidden defects guarantee allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.

In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office. social media of COTTON MILK , after sending an e-mail indicating the reason for the return of the Product.

For all purposes, the following legal provisions are recalled:

Art. L217-4 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 delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Art. L217-5 of the Consumer Code: “ The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Art. L217-7 of the Consumer Code: “ Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Art. L217-8 of the Consumer Code: “ The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »

Art. L217-9 of the Consumer Code: “ In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »

Art. L217-10 of the Consumer Code: “ If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »

Art. L217-11 of the Consumer Code: “ The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »

Art. L217-12 of the Consumer Code: “ The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »

Art. L217-13 of the Consumer Code: “ The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »

Art. 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them. »

Art.1642 of the Civil Code: “ The seller is not liable for apparent defects of which the buyer was able to convince himself. »

Art. 1643 of the Civil Code: “ He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »

Art. 1644 of the Civil Code: “ In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »

Art. 1646 of the Civil Code: “ If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »

Art. 1648 of the Civil Code: “ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) »

Force Majeure

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, COTTON MILK informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of COTTON MILK or the Client without compensation from either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

ARTICLE 17 – INTELLECTUAL PROPERTY

All elements reproduced on www.cottonmilkshop.com and in particular but not exclusively the texts, comments, works, illustrations, images and brands are protected under intellectual property. Any total or partial reproduction of the elements accessible on the site www.cottonmilkshop.com is strictly prohibited.

ARTICLE 18 – CONTACT

Questions regarding the General Conditions of Sale and Use should be sent to us at hello @cottonmilkshop.com

LEGAL NOTICE

The site www.cottonmilkshop.com is published and distributed by SAS PAPAYA.

+ Responsible for publication and creator of the site: Emma RICO ESCOBAR.

+ Address: 58, rue des Tournesols 13310, Saint Martin de Crau
+ SIRET: 913960068 00027
+ E-Mail: hello@cottonmilkshop.com

+ Site host: Shopify Inc 150 rue Elgin, bureau 800 K2P 1L4 Ottawa (Ontario)