Terms and Conditions of Sale

Item: Products of any kind offered for sale through the Site’s e-commerce service.

Customer: An individual acting outside of business who places an Order and has full legal capacity.

Order: A commitment to purchase all Items selected by the Customer through the Site’s e-commerce service.

These general terms and conditions of sale (the “Terms”) apply exclusively between each Customer and FC DESIGN (referred to as “Grace & Mila”), whose registered office is located at 8 rue juliette dodu 75010 Paris and which is registered with the Bobigny Trade and Companies Register under number 533 680 096.

You can contact one of our advisors by phone at 01 48 91 70 30 or by email at eshop@graceandmila.com

These Terms apply without restriction or reservation to all Items offered for sale on the Site. Before placing an Order on the Site, the Customer must review and accept these Terms and the applicable prices without reservation.

By clicking the “I accept” button on the order confirmation page, the Customer accepts these Terms.

These Terms take precedence over any other document.

The sale of Items on the Website is exclusively for retail customers and private individuals.

Under no circumstances may the Website be used by Customers who are professional resellers, whether acting alone or together, regardless of how they market their products (including online marketplaces, shopping centers, intermediaries, and physical stores).

The Customer therefore acknowledges and agrees that Items may only be purchased in quantities corresponding to the average needs of a consumer. This applies both to the number of Items in a single order and to the number of separate Orders placed for the same product in quantities typical of an average consumer.

Grace & Mila reserves the right to refuse an order clearly placed by a Customer who is a professional reseller.

All Customers acknowledge that they have been informed of the unreliability of the Internet, particularly regarding the relative security of data transmission, the lack of guaranteed uninterrupted access to the Website, the absence of guarantees concerning data transmission volume and speed, and the spread of viruses. Grace & Mila advises each Customer to implement security measures and solutions on their computer or portable or mobile device to prevent the spread of viruses.

Anyone may create a customer account free of charge through the "Create an account" section.

To create a customer account, users complete the form provided on the Site. This account is strictly personal and allows the user to identify themselves before confirming each Order. When creating a Customer Account, the Customer enters the information needed to identify them under their sole responsibility and control, and undertakes to provide complete, accurate and up-to-date information, not to impersonate a third party, and not to conceal or alter their age.

When creating a Customer Account, the Customer chooses a username (email address) and password. If the chosen username is already taken, the system prompts them to choose another.

Usernames and passwords are personal and confidential. Although Grace & Mila takes all appropriate precautions and undertakes to protect its Customers’ personal data, the Customer is advised to keep their password secret and not disclose it to any third party for any reason.

If the Customer suspects that a third party is using their username and password, they must immediately notify Grace & Mila so that they can change their password and/or request the closure of their customer account.

Grace & Mila reserves the right to close any customer account and consequently refuse any sale to a Customer who has failed to pay for one or more previous Orders.

In this case, Grace & Mila sends an email to the Customer at the address provided when their customer account was created, informing them that their username and password have been deactivated and their account closed. The Customer is given eight (8) calendar days’ notice to submit any comments to Grace & Mila, without prejudice to the suspension of their Account during the notice period.

More generally, the Customer is informed that their account may be closed upon their first request sent by email to Grace & Mila.

The Items available for sale are those listed on the Site. Offers are valid for as long as they remain visible on the Site.

Items are offered subject to the availability shown on the Site.

Grace & Mila reserves the right to withdraw any Item from sale on the Site at any time and/or to replace or modify any information relating to Items listed on the Site.

If an Item becomes unavailable after the Customer has placed an Order, the Customer will be notified by email. The Item will be refunded before any other items in the Order are shipped. If the Order contains only that Item, the Order will be canceled and refunded directly.

Grace & Mila undertakes to issue the refund as soon as possible and no later than 14 days after the Item is canceled.

Items sold on this Site are available for delivery only to the following territories: mainland France, including Corsica, and Monaco; the French overseas departments and territories (Réunion, Guadeloupe, Martinique, French Guiana); Belgium, Luxembourg, Spain, the Netherlands, Italy, Portugal, and Germany.

The details of Items sold on the Site (photographs, graphics, Item descriptions, etc.) are provided for guidance and may change over time. The Customer should refer only to the image of the Item displayed when placing the Order. The details and images are not contractually binding.

In the event of errors or omissions in an Item description, Grace & Mila’s liability is limited to reimbursing the reasonable cost incurred by the Customer in returning the Item.

Every Order entails an obligation to pay.

The Customer declares that they are at least 18 years old and have legal capacity or, if they are a minor, guarantees that they have parental authorization to place their Order.

To place an Order, the Customer must follow the online purchasing process and click “Place Order” to submit it.

Payment for the Order constitutes acceptance of these Terms and Conditions of Sale, the price of the Items, and the contents of the Order.

Once payment has been approved, Grace & Mila sends the Customer an email confirming their Order.

Every Order is subject to prior acceptance by Grace & Mila and is only definitively confirmed once the Customer receives an email confirming shipment of the Item or Items.

An Order may be refunded if the circumstances in which it was placed are found to breach these Terms and Conditions of Sale.

If the Customer does not receive an email after placing an Order, they must contact Grace & Mila customer service as described in Article 12 of these Terms and Conditions of Sale.

Grace & Mila cannot under any circumstances be held liable for an entry error attributable to the Customer, or the transmission of such an error, that prevents delivery of the confirmation email and/or the Order. Customers are advised to print their Order confirmation email.

For any questions about tracking an Order, the Customer should consult their customer account on the Site or contact customer service as described in Article 13 of these Terms and Conditions of Sale.

Prices shown on the Site are in euros and include all taxes (VAT included), but exclude shipping costs. They reflect VAT and any discounts applicable on the date of the Order.

Any new taxes or charges, particularly environmental ones, may be passed on to the selling price of the Items, whether as an increase or a decrease.

Product prices exclude delivery costs (shipping, packaging, and preparation of the parcel at the applicable rates).

Shipping costs are specified on the Site before the Order is confirmed.

Grace & Mila reserves the right to change Item prices at any time. Items are billed at the rates in effect when each Order is confirmed.

The price billed for the Items is therefore the price shown when the Order is placed.

Under Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, on consumer rights and Law No. 2014-344 of March 17, 2014, as transposed into Articles L. 221-18 et seq. of the French Consumer Code, every consumer has the right to cancel their order at any time within 14 calendar days of receiving the Item(s), without giving any reason or paying any penalty.

Under these Terms and Conditions of Sale, Grace & Mila grants the Customer a withdrawal period of 14 calendar days. This period expires 14 days after the day on which the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Order.

To exercise the right of withdrawal, the Customer must notify Grace & Mila of their decision to withdraw by an unequivocal statement sent to the following address:

FC DESIGN

Service client Grace & Mila

110 bis avenue du Général Leclerc

93500 Pantin

The Customer may also complete and send the standard withdrawal form or any other unequivocal statement to the following email address: eshop@graceandmila.com.

If the Customer uses this option, Grace & Mila will promptly send an acknowledgment of receipt of the withdrawal on a durable medium, such as by email.

After notifying Grace & Mila of their withdrawal in accordance with these provisions, the Customer must return the Item(s) concerned within a maximum of 14 days from that notification. This deadline is met if the Customer sends back the Item(s) before the 14-day period expires.

Withdrawals submitted after the 14-day period stated above cannot be accepted.

Only an Item that is new, unworn and unsoiled will be refunded. The Item must be returned with its garment tag, in its original packaging or, failing that, in packaging providing equivalent protection. Returns must be sent by post.

Returns by mail:

Grace & Mila covers the cost of returns from mainland France and Europe by emailing a prepaid shipping label after a return request has been approved on www.graceandmila.com. Under no circumstances will Grace & Mila reimburse return shipping costs paid directly by the Customer.

Returns from French overseas departments and territories (Réunion, Guadeloupe, Martinique): The customer is responsible for return shipping costs and must send the item by tracked mail or registered mail with acknowledgment of receipt. Under no circumstances will Grace & Mila reimburse return postage paid directly by the Customer at the post office, except in the event of a defect or an error by Grace & Mila.

To make a return, follow the steps below:

1. Access the returns portal
Go to the Baback returns portal using the link on our website or in our communications. Enter your order number and the email address you used for your purchase.

2. Select the items to return
Select the item or items you wish to return, then give the reason for your return (incorrect size, defective product, change of mind, etc.).

3. Choose and confirm a return option
Review the return options offered through Baback under our return policy: refund, exchange or store credit. Select your preferred option and confirm your request.

4. Get your return label
A prepaid return label is generated automatically when this option is available under our return policy. You can print it or, if the carrier allows, show it directly on your phone.

5. Prepare your package
Carefully pack the item or items you are returning, preferably in their original packaging or, if that is not available, in suitable packaging that will protect them during shipping.

6. Ship your package
Drop off your package at the pickup point or post office indicated on your return label, following the instructions provided.

7. Track and process your return
You can track your return using the options provided by Baback. Once we receive and inspect the returned item or items, we will process your request according to the option you selected: a refund, an exchange or store credit.

Returns are processed in accordance with our return policy and the terms applicable to your order.

Grace & Mila undertakes to refund the Customer as soon as possible after receiving notice that the return has been received. If the item or items concerned, or proof of their shipment, have not been received within that period, Grace & Mila reserves the right to delay the refund until the item or items concerned have been recovered or the Customer provides proof that they have been shipped.

The Customer will be refunded the full amount paid for the item concerned to the bank account or payment account used to pay for the item or items in the order.

The Customer will receive a confirmation email once the refund has been initiated. The Customer can check the status of their return in the “My Orders” section of their account.

For information or questions, order tracking, or warranty claims, the Customer should contact customer service by email at eshop@graceandmila.com, by completing the contact form on the Site’s contact page, or by phone at 01 48 91 70 30 (local call), Monday to Thursday from 09:00 to 18:00 and Friday from 09:00 to 17:00.

The Items are covered by guarantees against lack of conformity and defects warranting rescission under the conditions set out in Articles 1641 to 1649 of the French Civil Code and Articles L 2171 et seq. of the French Consumer Code, from the date of delivery:



Warranty against hidden defects

Article 1641 of the French Civil Code: the seller is bound by a warranty against hidden defects in the item sold that render it unfit for its intended use, or so substantially impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had the buyer known of them.

Article 1643 of the French Civil Code: the seller is liable for hidden defects even if unaware of them, unless, in that case, the seller stipulated that no warranty would apply.

Article 1644 of the French Civil Code: in the cases covered by Articles 1641 and 1643, the buyer may choose to return the item and receive a refund of the price, or keep it and receive a partial refund.

Article 1646: if the seller was unaware of the item’s defects, the seller is required only to refund the price and reimburse the buyer for the costs incurred by the sale.

Article 1648, paragraph 1, of the French Civil Code: the buyer must bring a claim arising from defects warranting rescission within two years of discovering the defect.

Statutory guarantee of conformity

Article L 2171-4 of the French Consumer Code: the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when installation is the seller’s responsibility under the contract or has been carried out under the seller’s responsibility.

Article L 217-5 of the French Consumer Code: Goods conform to the contract

1 - If they are fit for the use normally expected of similar goods and, where applicable:

2 - If they match the description given by the seller and have the qualities the seller presented to the buyer in the form of a sample or model;

If they have the qualities a buyer may legitimately expect in light of public statements made by the seller, producer or their representative, particularly in advertising or labeling

Or if they have the characteristics agreed upon by the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the seller.

Article L. 217-7, paragraph 1, of the French Consumer Code: any lack of conformity that becomes apparent within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

Article L. 217-9 of the French Consumer Code: in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may decline the buyer’s chosen option if it entails a manifestly disproportionate cost compared with the other option, taking into account the value of the goods or the significance of the defect. The seller must then, unless impossible, provide the option not chosen by the buyer.

Article L 217-10 of the French Consumer Code: if repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price, or keep the goods and receive a partial refund.

The same option is available to the buyer:

1 - If the remedy requested, offered or agreed upon under Article L. 217-9 cannot be provided within one month of the buyer’s complaint;

2 - Or if that remedy cannot be provided without major inconvenience to the buyer, taking into account the nature of the goods and the use sought.

However, the sale cannot be rescinded if the lack of conformity is minor.

Article L 217-11 of the French Consumer Code: the provisions of Articles L. 217-9 and L. 217-10 apply at no cost to the buyer. These provisions do not prevent an award of damages.

Article L 217-12 of the French Consumer Code: a claim arising from a lack of conformity must be brought within two years of delivery of the goods.

The Customer may contact Grace & Mila through the Site’s contact form or by email at eshop@graceandmila.com for information about exercising these guarantees. In accordance with Article 23 of these Terms and Conditions of Sale, the Customer should first contact Grace & Mila to seek an amicable solution when wishing to invoke any of the above guarantees.

This guarantee allows the Customer to return Items delivered defective or not in conformity with their Order for a refund under the conditions set out above.

The Customer acknowledges and agrees that the Order recording systems constitute evidence of all transactions between Grace & Mila and the Customer.

The Customer acknowledges and agrees that their acceptance of these Terms and Conditions of Sale (and any updates to them) is evidenced by checking the "I accept" box on the order confirmation page for each order.

To this end, the Customer acknowledges and agrees that the computerized data stored on Grace & Mila’s servers under reasonable conditions of security and integrity shall be deemed conclusive evidence of their acceptance of the Terms and Conditions of Sale and of all transactions between Grace & Mila and the Customer.

Consequently, unless the Customer proves a manifest error by Grace & Mila, the Customer may not challenge the admissibility, validity or evidentiary value of the Terms and Conditions of Sale or the contents of the Order on the basis of any legal provision requiring certain documents to be written or signed in order to constitute evidence.

Accordingly, these elements constitute evidence and, if submitted by Grace & Mila as evidence in any legal or other proceedings, shall be admissible, valid and enforceable in the same manner, under the same conditions and with the same evidentiary value as any document created, received or retained in writing. The Customer may print, download and retain a copy of the Terms and Conditions of Sale in paper or electronic form at any time.

Grace & Mila reserves the right to change the information on this Site at any time without notice.

Grace & Mila undertakes to describe the Items sold on the Site as accurately as possible and to keep the information published there up to date as far as possible.

The Customer acknowledges and accepts that Item prices may differ between the website and stores, and that any such price difference cannot, under any circumstances, justify a request for a full or partial refund of Items purchased on the Site or in stores, except when exercising the right of withdrawal under the conditions set out in Article 11 of these Terms and Conditions of Sale.

Grace & Mila shall not be held liable for a failure to fulfill any of its contractual obligations resulting from an unforeseen event or an event of force majeure as defined by French case law. Force majeure is an external, unforeseeable and unavoidable event.

Grace & Mila shall not be held responsible for any failure or delay in fulfilling Orders caused by events beyond its control (“Force Majeure Events”).

A Force Majeure Event includes any act, event, failure to occur, omission or accident beyond the control of Grace & Mila and includes, in particular, without limitation:

1 - Strikes, lockouts or other industrial action.

2 - Civil unrest, riots, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat of or preparation for war.

3 - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4 - Inability to use rail, sea, air, road or other private or public means of transport.

5 - Inability to use public or private telecommunications networks.

6 - Acts, decrees, legislation, regulations or restrictions imposed by any government.

7 - Strikes, failures or accidents affecting maritime, postal or other transport services.

Performance of these Terms and Conditions of Sale shall be suspended for the duration of the Force Majeure Event, and performance and delivery deadlines shall be extended accordingly. Grace & Mila shall make every effort, where possible, to bring the Force Majeure Event to an end or find a way to fulfill its contractual obligations despite it.

Grace & Mila grants the Customer a limited license to use the Site for personal purposes only, excluding any professional or commercial use. Neither this Site nor any part of it may be reproduced, copied, sold, downloaded, modified or exploited for commercial or professional purposes without Grace & Mila’s prior express written permission. The Customer must not use techniques to copy any trademark, logo or other information owned by Grace & Mila (including images, text and layouts) without its prior express written consent. Grace & Mila grants the Customer non-exclusive, revocable permission to create a hyperlink to the Site’s homepage, provided that the link does not harm Grace & Mila’s interests. A hyperlink that could suggest the Items are counterfeit could, in particular, harm Grace & Mila’s interests. Under no circumstances shall the creation of such a hyperlink incur any liability on the part of Grace & Mila.

Grace & Mila may send Customers information about the brand’s Items and promotional offers by mail, email, SMS, telephone or through Grace & Mila’s social media channels, subject to their prior consent.

Customers may opt out of these marketing messages at any time, free of charge, by clicking the “unsubscribe” link in each email, making a request through their online account, by mail or email, or replying STOP by SMS.

Grace & Mila is the exclusive holder of the intellectual property rights to the following elements, including but not limited to:

- The Items offered on the Site and the brands associated with those Items;

- The Site, including its structure; the organization and headings of its sections; its visual and graphic identity, design, usability and features; and the software, text, moving or still images, sounds, know-how, drawings, graphics and all other elements that make up the Site;

- The databases, their structure and content, created and managed by Grace & Mila for the purpose of publishing the Site;

- All elements of the Site’s design, whether graphic or technical;

- The names, acronyms, logos, colors, graphics and other signs that Grace & Mila may use, create or implement.

Accordingly, it is prohibited to reproduce, directly or indirectly and in any form, the elements referred to in this article; to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available on the Site; or, more generally, to use or exploit these elements other than in the performance of these terms.

In this regard, reproduction or use of all or part of these elements is permitted only for personal and private use. Any reproduction or use of copies made for other purposes is expressly prohibited.

In light of possible changes to the Site and applicable regulations, Grace & Mila reserves the right to amend the Terms and Conditions of Sale at any time.

Only the Terms and Conditions of Sale in effect when the contract is concluded will apply to the customer.

Where applicable, the new Terms and Conditions of Sale will be brought to the Customer’s attention by updating the dedicated page on the Site. The Customer will then be asked to expressly agree to the new version by clicking the “I accept” button for each new order.

The latest version of the Terms and Conditions of Sale can be downloaded onto a reliable, durable medium from the dedicated page on the Site, as described in the Preamble.