GENERAL TERMS AND CONDITIONS OF SALE
Any online purchase made on the website www.graceandmila.com is subject to prior knowledge and acceptance of these general terms and conditions of sale.
The list of the most frequently asked questions on the www.graceandmila.com website is available here. The legal notice is available here. Our general sales conditions can be downloaded here.
Date of last modification: 05 March 2019.
Article: Products of any kind offered for sale (e-commerce service) on the Site. Customer: a non-trading natural person placing an Order, who has full legal capacity. Order: commitment to purchase all the Items selected by the Customer via the e-commerce service of the Site.
The present general terms and conditions of sale (hereinafter referred to as "GTC") apply exclusively between any Customer and the company FC DESIGN (hereinafter referred to as "Grace & Mila"), whose registered office is located at 110 Bis Avenue du Général Leclerc 93500 PANTIN, registered in the Bobigny Trade and Companies Register under number 533 680 096. You can reach one of our advisers by telephone on 01 48 91 70 30 or by email by clicking here.
The General Terms and Conditions of Sale are applicable without restriction or reservation to all items offered for sale on the Site. Any Order on the Site is subject to the Customer's prior and unconditional consultation and acceptance of these GTC and the applicable prices.
The Customer's "click" on the "I accept" button accessible on the page dedicated to the validation of the order shall constitute acceptance.
These GTC prevail over any other document.
3. CAUTIONARY NOTE
The sale of Items on the Site is exclusively reserved for retail sale and to private individuals.
Under no circumstances may the Site be used by professional sellers, alone or in groups, regardless of the way in which their products are marketed (notably internet marketplaces, shopping malls, intermediaries, physical shops). The Customer acknowledges and accepts that the Items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and in terms of the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. Grace & Mila reserves the right to refuse an order obviously validated by a professional seller.
Every Customer declares to be informed of the unreliability of the Internet network, especially in terms of relative security in the transmission of data, of non-guaranteed continuity in the access to the Site, of non-guaranteed performances in terms of volume and speed of data transmission and of propagation of viruses. Grace & Mila warns each Customer of the need to implement a solution and security measures within his computer or his portable or mobile equipment in order to prevent the propagation of viruses.
4. CREATION OF A CUSTOMER ACCOUNT
Any person may freely and without charge create a customer account via the "Create an account" section.
The creation of a customer account is carried out by filling in the form that is offered to the user of the Site. This account is strictly personal and allows the user to identify him/herself before validating each Order. When creating a Customer Account, the Customer enters the data required for identification under his/her own responsibility, control and direction and undertakes to provide complete, accurate and up-to-date information, and not to impersonate any third party, nor to conceal or change his/her age.
When creating a Customer Account, the Customer chooses a username (email) and password. If the chosen username is already assigned, the system invites the Customer to choose another one.
The login and password are personal and confidential. If Grace & Mila takes all useful precautions and commits itself to protect the personal data of its Customers, the Customer is informed of the necessity to keep his password secret and not to disclose it to a third party, for whatever reason.
In case of suspicion of the use of the login and password by a third party, the Customer shall immediately alert Grace & Mila in order to change its password and/or choose to have its customer account closed.
Grace & Mila reserves the right to close any customer account and consequently to refuse any sale to a Customer in case of non-payment of one or more previous Orders.
In this case, Grace & Mila shall send an email to the Customer concerned at the address communicated by the latter at the time of the creation of his customer account, informing him of the deactivation of his login and password and of the closing of his account. The Customer is given eight (8) calendar days' notice to make any observations to Grace & Mila, without prejudice to the suspension of its Account during the notice period.
In general, the Customer is informed of the fact that his account may be closed following the first request of the Customer sent by email to Grace & Mila.
5. FEATURE OF THE ITEMS
The items available for sale are those shown on the Site. The offers are valid as long as they are visible on the Site.
They are offered within the limits of the availability displayed on the Site.
Grace & Mila reserves the right to withdraw from the sale, at any time, any Article present on the Site and/or to replace or modify any information associated with the Articles appearing on this Site.
In the event of unavailability of an Article, after placing an Order, the Customer is informed by email. The unavailable Article will then be automatically removed from the Order.
Grace & Mila undertakes to reimburse the Customer as soon as possible and at the latest within 14 days following the cancellation of the Article.
The Articles on sale on this site are only available for delivery in the following territories: Metropolitan France, including Corsica and Monaco, DOM/TOM (Reunion, Guadeloupe, Martinique, Guyana), Belgium and Luxembourg.
The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc.) are given as an indication and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are non-contractual.
In case of errors or omissions in the description of an Article, Grace & Mila's liability is limited to the reimbursement of the reasonable costs incurred by the Customer to return the Article..
6. ORDERING OF ITEMS
All Orders imply an obligation to pay.
The Customer declares that he/she is at least 18 years old and has legal capacity, or if he/she is a minor, guarantees that he/she has parental authorisation to place the Order.
To place an Order, the Customer must follow the online purchasing process and click on "Order" to submit the Order.
The payment of the Order implies the acceptance of these GTC, of the price of the Articles and of the content of the Order.
After validation of the payment, Grace & Mila sends the Customer an email confirming the Order.
All Orders are subject to prior acceptance by Grace & Mila and are only definitively confirmed after the Customer has received an email confirming the shipment of the Article(s).
Any Order may be reimbursed if the conditions under which it was made do not comply with the present GTC.
If the Customer does not receive any email following his Order, it is up to him to contact Grace & Mila's customer service according to the modalities described in article 12 of these GTC.
Grace & Mila shall not be held responsible in case of a data entry error or transmission of a data entry error attributable to the Customer and not allowing the delivery of the confirmation email and/or the Order. The Client is advised to print out the Order confirmation e-mail.
If the Customer has any questions regarding the follow-up of an Order, he/she should consult his/her customer account on the Web Site or contact customer service as described in article 13 of these GTC.
7. PRICE OF THE ITEMS
Prices are indicated on the Site in euros, inclusive of all taxes, excluding shipping costs. They take into account VAT and any reductions applicable on the date of the Order.
Any new taxes or contributions, in particular environmental taxes, may be passed on to the customer, either upwards or downwards, in the selling price of the Products.
The prices of the Products are exclusive of delivery costs (postage, packaging and preparation of the parcel according to the amounts in force).
The amount of the shipping costs is specified on the Site before validation of the Order.
Grace & Mila reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the prices in force at the time of validation of each Order.
The price of the Articles invoiced is therefore the one indicated at the time of the Order.
8. PAYEMENT OF THE ORDER
Any Order implies an obligation to pay by credit card using a bank account with sufficient funds. The Order shall only be considered definitive once the price and costs associated with the Order have been paid in full.
The price invoiced to the Customer shall be the price indicated in the Order confirmation sent to the Customer by e-mail. The Order shall be payable immediately by credit card (CB, Visa, MasterCard).
In case the customer chooses a delivery in the DOM/TOM :
AKAZ delivery includes shipping costs as well as local taxes (VAT, dock dues and regional dock dues).
Taxes are automatically calculated and included in the final price of your order.
Once the Order has been dispatched, the Customer shall be informed by e-mail that his/her invoice, including delivery charges and VAT applicable on the date of the Order, is available online in the Customer account.
Transactions carried out on the Site are entrusted to a secure online payment platform, INGENICO, whose registered office is located at 28/32 Boulevard de Grenelle, 75015 Paris, France. Tel: +33 (0)1 58 01 80 00.
This solution presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.
This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and makes them inaccessible to a third party.
It is possible for the Customer to save his bank details on his account. In this case, the data remains encrypted and not accessible.
9. TERMS OF DELIVERY
The Articles are delivered only to the countries indicated in article 5 of these GTC.
The Customer will receive an Order number by email confirming that the Order has been successfully processed. The Customer will be informed of the different stages of his/her Order by email.
The Customer shall be informed of the delivery date by e-mail, to the e-mail address provided by the Customer in his/her customer account. The Customer is offered several delivery methods chosen by the Customer:
home delivery against signature is subject to a charge
delivery to a relay point is subject to a charge
delivery to a post office is subject to a charge
express home delivery is subject to a charge
If the Customer chooses home delivery:
Thanks to the shipment number, the Customer can follow the progress of his parcel on the carrier's website.
If the customer chooses delivery in the DOM/TOM :
As soon as the order is dispatched, a tracking number is automaticallyy sent to the Customer by sms and by e-mail. This number will allow the Customer to follow the progress of his/her order until it is received.
The tracking number is permanently available on htttps://suivi.a.kaz.com and via the Grace & Mila website.
The Customer is hereby informed that it is his/her responsibility to provide all the details necessary for the proper routing of his/her Order and for the perfect delivery (access code, access specification for example). If the Customer is absent at the time of delivery, a delivery notice shall inform the Customer of the procedures for storing the parcel and making it available to the Customer, under the sole and exclusive responsibility of the carrier.
A delivery note is included in the parcel, summarising the Items ordered and actually delivered.
The Customer assumes entirely and exclusively the risk of loss or damage to the items from the time of their delivery.
10. DELIVEYR DEADLINES
The Articles are delivered to the delivery address indicated by the Customer at the time of the Order at the latest at the end of the period indicated at the time of the Order, depending on the country of delivery.
1. Delivery in Metropolitan France including Corsica, Monaco, Belgium, Luxembourg :
Grace & Mila undertakes that the delivery will be made within a maximum of 30 (thirty) calendar days from the date of the Order.
2. Delivery in the DOM/TOM :
The delivery time for an order to the DOM is 30 days with the carrier AKAZ. These times are valid for products in stock at the time of the order.
In case of force majeure, such as air strikes, carrier strikes, road or airport blockades due to weather conditions or collective protest movements, fuel shortages, weather conditions affecting the transport service (frost, snow, storms, hurricanes, flodd, etc...), embargoes, wars, riots, acts of terrrorism, epidemics and other event that AKAZ cannot control, delivery times may be extended.
In the case, AKAZ undertakes to keep the Client informed of the evolution of the delivery status of his order.
In case of delay :
In case of delay in delivery in relation to the aforementioned maximum period, the Customer may contact Grace & Mila Customer Service to request that the delivery be made within a reasonable additional period. In case of non-compliance with this new deadline, the Customer may, by email or by letter, cancel the contract and obtain a refund of the Order.
The contract and therefore the sale will be considered terminated upon receipt by Grace & Mila of the email or letter by which the Customer informs Grace & Mila of his decision, unless the delivery has taken place between the sending and the receipt of the email or letter from the Customer.
In the event that the Order is definitively cancelled, the Customer shall obtain a refund of the price paid for the Order within 14 days of the date of cancellation by the Customer.
Each delivery shall be deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.
If the parcel is damaged or if the Article does not correspond to the Customer's Order, the Customer must initiate the return procedure described in article 11 below within 30 calendar days of dispatch.
11. WITHDRAWAL RIGHTS AND RETURN POLICY
11.1 Withdrawal rights
Pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and Law No. 2014-344 of 17 March 2014 as transposed into Articles L. 221-18 et seq. of the Consumer Code, any consumer is entitled to cancel his or her order at any time within a period of 14 calendar days following the date on which he or she received the Article(s) and without having to justify his or her decision or pay any penalties.
Under the terms of the present GTC, Grace & Mila wishes to grant the Customer a withdrawal period extended to 30 calendar days. This withdrawal period expires 30 days after the day when the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the Order.
In order to exercise its right of withdrawal, the Customer must notify Grace & Mila of its decision to withdraw by means of an unambiguous statement to the following address
Customer Service Grace & Mila
110 bis avenue du Général Leclerc
The Customer may also fill in and send the model withdrawal form or any other unambiguous statement to the following email address: email@example.com.
If the Customer uses this option, Grace & Mila will send him/her without delay an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email).
After having notified Grace & Mila of its withdrawal in accordance with the present provisions, the Customer must return the Article(s) concerned within a maximum period of 14 days from this notification. This period is deemed to have been respected if the Customer returns the Article(s) concerned before the expiry of the 14-day period.
Any withdrawal made after the aforementioned 30-day period cannot be accepted.
Only a new, unworn and undamaged item will be refunded. The Article must be returned in its original packaging, or failing that, in packaging that guarantees equivalent protection, accompanied by the label of the garment. The return must be made by post.
11.2 Return policy
Returns by post :
The return by post is at the customer's expense by registered letter or recorded delivery letter with acknowledgement of receipt. In no case will Grace & Mila reimburse the Customer for the return postage costs paid directly to the Post Office.
Return from DOM/TOM (Reunion, Guadeloupe, Martinique, Guyana) :
This is at the customer's expense by recorded delivery or registered letter with acknowledgement of receipt. In no case will Grace & Mila reimburse the customer for the return postage costs directly paid by the customer to the post office, except in the case of a defect or error by Grace & Mila.
The customer must contact us before proceeding with the return in order to benefit from the preferential rates we have with the carrier AKAZ. Once the request has been made, Grace & Mila must put the customer in contact with the carrier so that he can provide him with a delivery note by email. The customer will pay the bill via a secure link provided by AKAZ. The Client must affix the return label to his package. Then, he must contact AKAZ to arrange for delivery of the package to one of their branches. If the Customer decides to return the order via another carrier than the one proposed by Grace & Mila, the transport costs remain at the Customer's charge. Returns are grouped and made every 15th of the month via the AKAZ service.
To make a return :
- The Customer must indicate on the return form included in the package the Article(s) he wishes to return. No return can be validated without it.
- The Customer must insert this return form, completed and signed, in his return box together with the Item(s) to be returned.
- The Customer must deposit the box at the Post Office.
- The Customer must send the tracking number of the package to firstname.lastname@example.org.
Once the verification of the returned Article(s) has been carried out, Grace & Mila undertakes to reimburse the Customer as soon as possible following the notification of the withdrawal request. In the absence of receipt of the Article(s) concerned or of a proof of shipment within this period, Grace & Mila reserves the right to postpone the reimbursement until the day of the recovery of the Article(s) concerned or of the provision by the Customer of the proof of shipment of the Article(s) concerned.
All sums paid in respect of the Article(s) concerned shall be refunded to the Customer (with the exception of any costs arising from the delivery method), to the Customer's bank account or payment account used for the payment of the Article(s), in respect of the Order.
The Customer will receive a confirmation email once the refund has been processed. The Customer will be able to consult the return of his/her parcel in the "my orders" section of his/her Customer area.
In order to track their parcel, the Customer can use the tracking number provided by the Post Office.
12. CUSTOMER SERVICE
For any information or question, for an order follow-up, or to make use of the guarantee, the Customer must contact the customer service by email by filling in the contact form located on the contact page of the Site or by telephone at 01 48 91 70 30 (local call) from Monday to Friday from 9am to 6pm.
The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 2171 et seq. of the Consumer Code, as from delivery:
Guarantees for hidden defects
Article 1641 of the Civil Code: the seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1643 of the Civil Code: he is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 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 returned, or keeping the thing and having part of the price returned.
Article 1646: if the seller was unaware of the defects of the thing, he will only be required to return the price and reimburse the buyer for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Legal guarantee of conformity
Article L 2171-4 of the French Consumer Code: the seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L 217-5 of the Consumer Code: The goods conform to the contract
If it is fit for the use usually expected of a similar good and, if applicable :
- If it corresponds to the description given by the seller and has the qualities that the seller 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, the producer or his representative, particularly in advertising or labelling
- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-7 paragraph 1 of the French Consumer Code: Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
Article L. 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If repair and replacement of the good are impossible, the buyer may return the good and have the price returned or keep the good and have part of the price returned.
The same option is open to him:
- If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
- Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L. 217-11 of the Consumer Code: the application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
The Customer may contact Grace & Mila via the contact form on the Site to obtain any information relating to the exercise of these guarantees. In accordance with article 23 of the present GTC, the Customer shall first contact Grace & Mila to seek an amicable solution when he intends to invoke one of the aforementioned guarantees.
This guarantee allows the Customer to return the defective or non-conforming Articles delivered for reimbursement under the conditions mentioned above.
14. EVIDENCE CONVENTION
The Customer acknowledges and accepts that the Order registration systems are proof of all transactions between Grace & Mila and the Customer.
The Customer acknowledges and accepts that the proof of his acceptance of the present GTC (and their possible updates) is characterised by ticking the mention ""I accept"" on the order validation page for each order.
To this end, the Customer acknowledges and accepts that the computerized data stored in Grace & Mila's computer servers in reasonable conditions of security and integrity, will be considered, in an irrefragable way, as the proof of the acceptance of the terms of the GTC and the proof of all the transactions made between Grace & Mila and the Customer.
Consequently, except in the case of a manifest error by Grace & Mila proven by the Customer, the latter will not be able to contest the admissibility, validity or probative value of the GTC and the content of the Order, on the basis of any legal provision whatsoever which specifies that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as means of proof by Grace & Mila in any litigation or other proceedings, will be admissible, valid and opposable in the same way, under the same conditions and with the same probative force as any document which would be established, received or kept in writing. At any time, the Customer may print, download and keep a copy of the GTC on paper or electronically.
Grace & Mila reserves the right to modify the information contained in this Site at any time and without notice.
Grace & Mila undertakes to describe the Articles sold on the Site with the greatest possible accuracy and to ensure that the information published on the Site is updated in the best possible conditions.
The Customer acknowledges and accepts that the prices of the Products are likely to vary between the Website and the shops, and that in no case this price difference can be the basis for a request for total or partial reimbursement of the Products purchased either on the Website or in the shops, except for the exercise of the right of withdrawal under the conditions provided for in article 11 of these GTC.
Grace & Mila cannot be held responsible in case of failure to fulfil one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the jurisprudence of the French courts. Force majeure is an external, unforeseeable and irresistible event.
In particular, Grace & Mila shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control ("Force Majeure").
A Force Majeure Event includes any act, event, failure to perform, omission or accident beyond the control of Grace & Mila and includes in particular (but not limited to):
- Strikes, shutdowns or other industrial actions.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use transport by rail, ship, aircraft, road or other private or public means of transport.
- Inability to use public and private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government.
- Strike, failure or accident of maritime, postal or other transport.
The execution of the GTC will be suspended as long as the Force Majeure event lasts and the execution and delivery deadlines will be extended accordingly. Grace & Mila will make every effort to put an end to the Force Majeure or to find a solution that allows it to perform its contractual obligations in cases of major force.
Grace & Mila grants the Customer a license limited to personal use of the Site, to the exclusion of any professional or commercial use of the Site.
This Site or any part of this Site may not be reproduced, copied, sold, downloaded, modified or exploited for commercial or business purposes without the prior express written consent of Grace & Mila. The Customer must not use techniques allowing to copy a brand, a logo or any other information (in particular images, text, models) of which Grace & Mila is the owner without its prior express written consent. Grace & Mila authorises the Customer, on a non-exclusive and revocable basis, to create a hypertext link to the homepage of the Site, provided that this link does not harm the interests of Grace & Mila. In particular, the insertion of a hypertext link that could lead to the belief that the Articles are of an infringing nature could be detrimental to the interests of Grace & Mila.
In no case the creation of this hypertext link shall engage the responsibility of Grace & Mila, in any capacity whatsoever.
17. PROTECTION OF PERSONAL DATA
The Customer is informed and accepts that its personal data may be collected on the Site and used by Grace & Mila, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "GDPR").
Grace & Mila undertakes to protect and ensure the security and confidentiality of its Customers' personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorised third parties.
In particular, the Client's personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the RGPD, intervene and contribute directly to the management of the Sales Order and for whom it is absolutely necessary to have access to the personal data provided by the Client when creating and using his/her Account (identity, postal address, telephone number, e-mail address). The subcontractors can only act on the instructions of Grace & Mila.
The Customer's personal data is collected for the following purposes :
- the management of Orders and relations with Customers;
- informing Customers about offers and commercial information related to the brand;
- reinforcing and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Client's preferences noted on the Website;
- improving and personalising the services offered to Customers;
- and to comply with legal and regulatory obligations.
The Customer's personal data is only kept for the time strictly necessary to achieve the above-mentioned purposes.
In accordance with the RGPD, the Customer has a right of access, rectification and opposition to the personal data concerning him/her (hereinafter the "Data Protection Rights").
To exercise one or more of the Data Protection Rights, the Customer must send a request by email or by post to Grace & Mila's Customer Service, by filling in the contact form located on the website or by writing to the following address, indicating its name, first name, email address and customer references: Customer Service Grace & Mila, 110 bis avenue du Général Leclerc 93500 Pantin FRANCE
Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and must specify the reply address.
The answer to the request exercised on the basis of one or several Data Protection Rights will be sent within 2 months following the receipt of the request.
The Customer may communicate to Grace & Mila specific directives in which he or she defines the manner in which he or she intends the Data Protection Rights to be exercised, after his or her death, in accordance with the RGPD.
18. COMMERCIAL OFFERS AND NEWSLETTERS
Grace & Mila may send to the Customers information relating to the brand's products and commercial offers by mail, email, sms, telephone or via all the web spaces animated by Grace & Mila on social networks, subject to prior acceptance.
The Customer has at any time the right to oppose without charge to these commercial prospecting mailings, by clicking on the "unsubscribe" link appearing in each email or, by making the request via his internet account, by mail, by email or by answering STOP by SMS.
This "COOKIES" section provides information on the origin and use of navigation information processed when consulting the Site and on the rights of users.
Thus, when coNsulting the Grace & Mila Site, information relating to navigation may be recorded in "Cookies" files installed on the user's terminal (computer, tablet, smartphone, etc.). Grace & Mila issues these cookies in order to facilitate the user's navigation on the Site. They may also be issued by the brand's partners in order to personalise the advertising offer addressed to them outside the Site. Cookies may be included in various areas of the Site. These areas may display advertising content from advertisers on users' terminals.
Only the issuer of a cookie is likely to read or modify the information contained therein. Reading or depositing certain cookies may require the prior consent of the user. In this case, the user, after having been duly informed via the information on the banner dedicated to cookies and the information in these general terms of sale, gives his consent by continuing his visit to the Site. Cookies have a limited lifespan of 13 months after their first deposit in the user's terminal equipment.
Cookies issued by Grace & Mila
The cookies installed by Grace & Mila on the user's terminal allow the recognition of the browser used to connect to the Site.
Grace & Mila issues cookies for the following purposes:
- To establish traffic statistics (number of visits, pages viewed, abandonment in the order process, . . .) in order to monitor and improve the quality of its services;
- To adapt the presentation of its Site to the display preferences of the terminal;
- To store information entered in forms, to manage and secure access to reserved and personal areas such as the customer's account and shopping cart;
- To provide the user with content, including advertising, related to the user's interests and to personalise offers.
When the user accesses the Grace & Mila website, one or more cookies from partner companies ("third party cookies") may be placed on the computer via the pages of the website or via content displayed in the advertising spaces.
The cookies placed on the Grace & Mila website by the service providers used by Grace & Mila to promote its activities and offers are intended to
- To identify the products consulted or purchased on the Site in order to personalize the advertising offer sent;
- To send, if the user has authorized it when registering with these service providers, offers from the brand by email.
The purpose of the cookies contained in the advertising spaces on the Site is to enable statistics to be drawn up on the advertisements displayed (number of displays, advertisements displayed, number of users having clicked on each advertisement, etc.).
The user can refuse third-party cookies by making the appropriate settings in his browser.
User's choices regarding cookies
The user can configure his browser software so that cookies are stored in his terminal or, on the contrary, that they are rejected, either systematically or according to their sender.
The user may also configure his browser software so that he is offered the option of accepting or rejecting cookies from time to time, before a cookie is likely to be recorded in his terminal.
Settings elements of the main browsers:
The user may at any time choose to block or deactivate these cookies by setting the parameters of the internet browser on his computer, tablet or mobile, in accordance with the instructions established by his internet browser provider and appearing on the websites mentioned below.
For more information, the user can also consult the CNIL website and in particular the page: https://www.cnil.fr/fr/recommandation-sur-les-cookies-quelles-obligations-pour-les-responsables-de-sites-quels-conseils
- On Mozilla Firefox: http://support.mozilla.org/fr/kb/activer-desactiver-cookies
- On Microsoft Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- On Safari: http://support.apple.com/kb/index?page=search&fac=all&q=cookies safari
- On Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr
- On iOs: http://support.apple.com/kb/HT1677?viewlocale=fr_FR
The user can also type "cookies" in the "help" section of his browser in order to access the instructions for setting the parameters.
Grace & Mila is in no way responsible in any way for the content or operation of any social networks, including those that may be linked to the Site.
20. INTELLECTUAL PROPERTY, DOMAIN NAME AND WEBSITE
Grace & Mila is the exclusive owner of the intellectual property rights on the following elements, without this list being exhaustive:
- On the Articles offered on the Site, on the brands associated with the Articles;
- On the Site, and in particular on its tree structure, on the organisation and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, on its functionalities, on the software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element composing the Site;
- On the databases, their structure and their contents, designed and managed by Grace & Mila for the needs of the publishing of the Site;
- On all the design elements of the Site, whether graphic or technical;
- On the names, acronyms, logos, colours, graphics, or other signs that may be used, produced or implemented by Grace & Mila.
It is consequently forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the present article, as well as to alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements other than in the context of the execution of the present.
In this respect, the reproduction or use of all or part of these elements is only authorised for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
21. MODIFICATION OF THE GTC
Taking into account the possible evolutions of the Site and the regulations, Grace & Mila reserves the right to modify at any time the GTC.
Only the GTC in force at the time of the conclusion of the contract will be opposable to the Customer.
The new GTC will, if necessary, be brought to the attention of the Customer by modification of the dedicated page of the Site. The Customer will then be invited to expressly agree to the new version of the GTC by clicking on the "I accept" button for each new order.
The latest version of the GTC can be downloaded on a reliable and durable medium from the dedicated page of the Site and according to the methods indicated in the Preamble.
22. APPLICABLE LAW, MEDIATION, DISPUTES
"The present GTC are subject to French law.
In the event of a dispute, the Customer shall first contact Grace & Mila to seek an amicable solution by contacting the customer service.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Grace & Mila adheres to the Service of the E-commerce Mediator of the FEVAD (Federation of E-commerce and Distance Selling) whose coordinates are the following: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After a prior written request from the Customer to Grace & Mila, the Mediator's Service can be contacted for any consumer dispute for which a settlement has not been reached.
In addition, the European Commission has set up a platform for online settlement of disputes. The platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR. Any dispute will fall under the exclusive competence of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the Customer and Grace & Mila."