Professional customers
Article 1 – Content and scope
MIL PANELING designs, manufactures and sells interior wall panelling.
As the materials we use are natural materials, the products made will not be strictly identical to the samples provided or with each other. The panels must be installed in water and airtight premises at a temperature between 15 and 25° inclusive and a relative humidity of 50%. The photos on our website are not contractually binding. The product supplied may vary slightly from the product shown on the site.
Any order placed for a product implies the unreserved acceptance by the purchaser and its full compliance with these terms and conditions of sale, which shall prevail over any other document emanating from the purchaser, and in particular over any terms and conditions of purchase, unless expressly agreed otherwise by MIL PANELING (hereinafter the “supplier”).
These terms and conditions of sale apply to all sales of MIL PANELING products unless specifically agreed otherwise in writing by the parties prior to the order. Consequently, the placing of an order by a customer implies unreserved acceptance by the latter of these terms and conditions of sale, unless any particular conditions have been granted to the purchaser by the supplier, in writing.
Any document other than these terms and conditions of sale and in particular catalogues, leaflets, advertisements, instruction booklets and the like are provided for information and guidance only and are not contractually binding.
These terms and conditions of sale are provided to every purchaser who requests them so that they can place their order with the supplier.
The supplier reserves the right to deviate from certain clauses hereof, depending on the terms negotiated with the purchaser, in which case particular terms of sale will be drawn up.
Article 2 – Propriété intellectuelle
All technical or product documents and photographs provided to our customers remain the exclusive property of MIL PANELING, sole holder of the intellectual property rights in these documents, and they must be returned to it at its request.
Our customers undertake not to make any use of such documents that might be liable to infringe the industrial or intellectual property rights of MIL PANELING and they undertake not to disclose them to any third parties.
Samples belong to us. This applies both to their material medium and the process used to make them. It is strictly prohibited to reproduce them.
Article 3 – Orders
MIL PANELING only manufactures custom products. Production of the products ordered is launched once the order is accepted and the down payment required on placing the order paid.
The sale is only concluded after the customer’s order is expressly accepted in writing by the supplier and after payment of the down payment mentioned in the purchase order.
Once transmitted to the supplier, orders may no longer be cancelled by the customer.
Any request to change the composition or volume of an order placed by a customer can only be taken into account by the supplier if the request is made in writing and will be subject to our company’s express agreement. The terms of the order may then be reviewed accordingly, by mutual agreement.
As all products are custom made, returns are not possible.
Article 4 – Deliveries
4.1 Delivery time
Delivery times are given for information and guidance, as they are reliant in particular on the availability of carriers and the order of arrival of orders. The delivery time specified is counted from the effective payment of the down payment when the customer places the order.
The supplier will endeavour to meet the delivery date given on accepting the order, in line with the reference logistics time for the profession, and to fulfil the orders, except in the event of a case of force majeure or other circumstances beyond its control, such as but not limited to strikes, freezing temperatures, fire, storms, flooding, epidemic, difficulties obtaining supplies.
A delay in relation to the delivery date initially planned shall not be considered as justifying the cancellation of the order placed by the customer and recorded by the supplier.
4.2 Transfer of ownership and risks
Deliveries are made carriage paid.
Ownership will only be transferred after full payment of the price by the purchaser, regardless of delivery date.
The risks of loss or damage to the supplier’s products will be transferred upon delivery and acceptance of the products by the purchaser.
4.3 Transport
Goods are transported by an independent carrier.
It is the customer’s responsibility, if the goods delivered are found to be damaged or if any items are missing, to express the necessary reservations to the carrier.
Any product which has not been the subject of reservations set out in a registered letter with acknowledgment of receipt sent to the carrier within three (3) days of its receipt, pursuant to Article L. 133-3 of the French Commercial Code, with a copy being sent to the supplier at the same time, will be considered as accepted by the customer.
4.4 Acceptance
Without prejudice to the measures to be taken by the customer with regard to the carrier, as described above, in the event of visible defects or missing items, any complaint of any nature concerning the products delivered, will only be accepted by the supplier if it is made in writing and sent by registered letter with acknowledgment of receipt within three (3) days as provided for above.
It is the responsibility of the purchaser to provide all the necessary proof of the existence of the defects or missing items,
No goods may be returned by the customer without the express prior written agreement of the supplier, which may be given in particular by fax or electronic mail.
The cost of returning the goods will only be borne by the supplier if the existence of a visible defect or missing items is effectively confirmed by the latter or its representative.
Only the carrier chosen by the supplier is approved to transport such returned products.
Where, after inspection, the existence of a visible defect or missing items is effectively confirmed by the supplier or its representative, the customer may only ask the supplier to replace the non-conforming articles and/or the items necessary to make up the quantity at its expense and will not be able to claim any form of compensation or rescind the order.
If the products ordered by the customer are accepted without issuing any reservations, no claims may subsequently be made for visible defects and/or missing items.
Claims made by the purchaser under the conditions and in the manner described in this article will not suspend the payment of the goods concerned by the customer.
4.5 Suspension of deliveries
In the event of the non-payment of an invoice in full on the due date, and after a formal notice to pay left unheeded for 48 hours, the supplier reserves the right to suspend all current and/or future deliveries.
4.6 Delivery conditional upon cash payment
All orders that the supplier agrees to fulfil are accepted on the condition that the customer presents adequate financial guarantees, and that it pays all sums owed on their due date, in accordance with the law. Accordingly, if the supplier has serious or particular reasons to believe that the purchaser will have difficulties paying on the date of the order or thereafter, or if the customer no longer presents the same guarantees as at the time of accepting the order, the supplier may subordinate the acceptance or continued fulfilment of the order to immediate payment or to the provision by the customer of guarantees to the supplier.
If the customer refuses to pay immediately, without providing adequate guarantees, the supplier may refuse to honour the order(s) placed and to deliver the goods concerned, without the customer being able to argue that this is an unjustified refusal to sell goods or to claim any form of compensation.
Article 5 – Refusal of an order
If a customer places an order with the supplier without having paid for its previous order(s), the supplier may refuse to honour the order and to deliver the goods concerned, without the customer being able to claim any form of compensation on any grounds whatsoever.
Article 6 – Prices
Prior to placing an order, the customer requests a quote online, selecting the product(s) they wish to purchase. The price is calculated by MIL PANELING based on the customer’s specific requirements, in particular the materials, finishes, technical characteristics and quantities specified by the customer. On this basis, MIL PANELING issues a quote, which the customer is asked to accept.
The prices given are firm and final once the quote is signed. Prices are quoted exclusive of VAT, carriage paid, unless expressly agreed otherwise in advance with the customer.
They are calculated net, without discount and are payable as set out below.
Unless agreed otherwise, delays in delivery will not give rise to the cancellation or modification of the contract. They will not give rise to the payment of damages. Penalty clauses in documents issued by our customers are not enforceable upon the supplier.
The performance times mentioned in the order are only accepted by the supplier and binding on it subject to the following conditions: compliance by the customer with the terms and conditions and payment of the down payment and any instalments, absence of cases of force majeure, labour relations, political, economic or technical events disrupting operations in our factories or their supplies of components, energy or raw materials.
Sauf dispositions particulières différentes prévues lors de la commande, le prix est payable de la façon suivante :
Article 7 – Payment
Unless specifically provided otherwise in the order, the price is payable as follows:
– 50% on placing the order, as soon as it is accepted by MIL PANELING,
– the balance, i.e. 50%, cash prior to shipping.
However, for samples, 100% of the price is payable on placing the order.
Any amount unpaid on the due date will give rise to the payment by the customer of penalties at three times the statutory interest rate. These penalties are due as of right and will automatically be charged to the customer’s account.
The supplier reserves the right to seek a court order to put a stop to any such action, subject to a daily penalty for late payment.
The supplier also reserves the right to suspend or cancel the delivery of any open orders.
In the event of late payment, the purchaser will be charged a flat-rate amount of €40 to cover recovery costs, as of right and without prior notification.
The supplier may seek further compensation from the customer if its recovery costs exceed this amount, subject to provision of proof.
Article 8 – Samples – specific provisions
Samples can be ordered online and are payable at the time of ordering. They are delivered by post, within the time indicated when the order is placed.
The purchaser places their sample order based on the online sample catalogue and using the form on the site.
Orders for samples are limited to three samples of the same reference and a maximum of 32 samples in total.
By validating the order and making the payment, the purchaser also accepts these terms and conditions. Acceptance of the order will be confirmed by an email from the seller.
Payment may be made by bank transfer or card.
In certain cases, in particular if no payment is received, if the address is wrong or there is any other problem with the purchaser’s account, the seller reserves the right to block the purchaser’s order until the problem is resolved.
The purchaser’s provision of its bank details and final validation of the order will constitute proof of their commitment to pay the amount due for the purchase order signed and express acceptance of the transactions carried out.
The electronic records kept in the seller’s computer systems under reasonable conditions of security will be considered as proof of the communications, orders and payments taking place between the parties. Order forms and invoices are archived on a reliable and durable medium which can be produced as proof.
Article 9 – Retention of title
Ownership of the goods is only transferred upon full payment by the customer of the principal price and related expenses, even if the payment deadline has been extended. Any clause to the contrary, contained in particular in the customer’s general terms of purchase, shall be deemed unwritten, pursuant to Article L. 624-16 of the French Commercial Code.
By express agreement, the supplier may exercise its rights under this retention of title clause, for any one of its claims, over all the products in the possession of the customer, such items being deemed unpaid under the terms of this agreement, and the supplier shall be entitled to take them back or claim them in compensation for all its unpaid invoices, without prejudice to its right to cancel its open sales.
This clause shall not prevent the risks relating to the goods being transferred to the purchaser at the time of their delivery to the latter.
As of delivery, the purchaser becomes the depositary and custodian of said goods. In the event of non-payment and unless it prefers to demand complete fulfilment of the sale, the supplier reserves the right to terminate the sale after formal notice to pay and to claim back the goods delivered, the costs of their return remaining payable by the purchaser and any part payments already made to the supplier being retained by way of penalties.
Article 10 – Visible and latent defects warranty
As the products are made to order at the customer’s request, they may vary slightly from the photos provided on the website and the samples supplied, but they will have the same essential characteristics.
The products must be checked on delivery by the customer, and any complaint, reservation or disagreement relating to missing items or visible defects must be made under the conditions set out in the articles that follow. In the event of visible defects, the defective parts will be replaced by us, subject to checking of the alleged defects. The customer must provide proof that such defects exist, and the supplier reserves the right to carry out, directly or indirectly, observations and checks at the customer’s premises.
Our company guarantees its products against latent defects, in accordance with the law, usual practice and case law. Our warranty only applies to product that have lawfully become the property of the purchaser and which are entirely manufactured by our company. It does not apply if our products have been used under unintended conditions of use or performance. Our warranty concerns only latent defects.
Our warranty is limited to the replacement or repair of defective parts without the customer being able to claim damages on, any grounds whatsoever.
Article 11 – Force majeure
The following are considered as cases of force majeure or fortuitous events, events beyond the control of the parties, which the latter could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders totally impossible the execution of their obligations.
The following in particular are treated as cases of force majeure or fortuitous events releasing the supplier from its obligation to deliver within the timeframe initially planned: strikes involving all or a part of the supplier’s workforce or that of its usual carriers, fire, flooding, war, production stoppages due to fortuitous breakdowns, impossibility of procuring raw materials, epidemics, road closures due to thawing, roadblocks, strikes or disruption of the electricity or gas supply, or shortages of supply not attributable to the supplier, as well as any other shortages of supplies attributable to other suppliers.
In such circumstances, the supplier shall inform the customer in writing, in particular by fax or e-mail, within 24 hours of the occurrence of the event, and the contract between the supplier and the customer shall then be suspended automatically and without compensation, as of the date of occurrence of the event.
If the event lasts more than thirty (30) days from the date of its occurrence, the contract of sale entered into by the supplier and its customer may be terminated by the party first acting, without either party being entitled to claim any damages.
Such a termination shall take effect on the date of first presentation of the registered letter with acknowledgment of receipt terminating the contract of sale.
Article 12 – Jurisdiction
Any dispute relating to the application of these terms and conditions of sale, their interpretation and implementation and of any contracts of sale entered into by our company, or to the payment of the price, will be brought before the commercial court whose jurisdiction covers our registered office, wherever the order is placed or delivery or payment made and whatever the method of payment, even in the case of multiple defendants or the introduction of third parties.
In addition, in the event of legal action or any other action to recover debts by the supplier, the cost of issuing summonses, legal costs, lawyers’ and bailiffs’ fees and all ancillary expenses will be payable by the defaulting customer, as well as any costs connected to or arising out of the customer’s failure to comply with the terms of payment or delivery relating to the order in question.
Article 13 – Waiver
The fact that the supplier fails to avail itself at a given moment of any one of the clauses hereof shall not be considered as a waiver of its right to rely on those same clauses at a later date.
Article 14 – Applicable law
Any issues relating to these terms and conditions of sale, as well as to the sales that they govern, that are not dealt with by these contractual stipulations, will be governed by French law, to the exclusion of any other law.
Article 15 – Personal data protection
15.1 Collection of personal data
The personal data collected on this site (or “Platform”) are:
– When the user creates their account: surname, first name, address and date of birth.
– When the user connects to the Platform, it saves, in particular, their surname, first name, data relating to the connection, use, location and their payment data.
– The use of the services provided on the Platform allows the creation of a profile, which may include an address and a telephone number.
– In connection with the payment of the products and services offered on the Platform, it saves financial data relating to the user’s bank account or credit card.
– Cookies are deposited when the site is used. The user can choose to disable cookies by changing their internet browser settings.
15.2 Use of personal data
The personal data collected from users is intended to facilitate the provision of the Platform’s services, their improvement and the maintaining of a secure environment. More precisely, the uses are:
– access and use of the Platform by the user;
– management of the operation and optimisation of the Platform;
– organisation of the conditions of use of the payment services;
– verification, identification and authentication of the date provided by the user;
– provision of user assistance;
– personalisation of services by displaying advertisements based on the user’s browsing history, depending on their preferences;
– prevention and detection of fraud, malware (malicious software) and handling of security incidents;
– management of disputes with users;
– sending of commercial and advertising information, depending on the user’s preferences.
15.3 Sharing of personal data with third parties
The personal data collected may be shared with third party companies in the following cases:
– when the user uses the payment services – for the implementation of those services, the Platform is linked to banks and finance companies with which it has contracts;
– when the user authorises a third party’s website to access their data;
– when the Platform uses the services of providers to provide user assistance, advertising and payment services. These service providers have limited access to the user’s data for the purposes of performing these services, and they have a contractual obligation to use them in line with the provisions of the regulations applicable in matters relating to personal data protection;
– if required by law, the Platform may transmit data to deal with complaints made against the Platform and comply with administrative and judicial procedures;
– if the Platform is involved in a merger, acquisition, assignment of assets operation or if it goes into receivership, it may be required to assign or share all or part of its assets, including personal data. In this case, the users would be informed before the personal data were transferred to a third party.
15.4 Transfer of personal data
Due to the organisation of the company responsible for the Platform, within an international group, the user authorises the Platform to transfer, store and process its information in the United States. The laws of this country may differ from the laws in the user’s country of residence within the European Union. By using the Platform, the user consents to the transfer of their data to the United States.
The Platform remains responsible for personal data shared with third parties under the Privacy Shield framework.
The Platform complies with the rules of the Privacy Shield framework, which protects data shared between the European Union and the United States, as formulated by the US Department of Commerce relating to the collection, use and storage of personal data transferred to the United States from the European Union. The Platform has declared to the US Department of Commerce that it adheres to the principles of the Privacy Shield. In the event of any conflict between the terms of the clause and the Privacy Shield principles, the latter will prevail.
15.5 Security and confidentiality
The Platform implements organisational, technical, software and physical measures to ensure digital security and protect personal data against damage, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment, and the Platform is unable to guarantee the security of the transmission or storage of information on the internet.
15.6 Implementation of users’ rights
Under the regulations applicable to personal data, users have the following rights:
– they can update or erase the data concerning them by connecting to their account and altering their account settings;
– they can delete their account, by sending an email to this address: contact@mil-paneling.com
– they can exercise their right of access to find out what personal data concerning them are held, by sending an email to this address: contact@mil-paneling.com . In this case, before implementing the user’s right, the Platform may request proof of the user’s identity;
– if the personal data held by the Platform are inaccurate, they may ask for the information to be updated, by sending an email to this address: contact@mil-paneling.com
– users may ask for their personal data to be erased, in line with data protection law, by sending an email to this address: contact@mil-paneling.com
15.7 Changes to this clause
The Platform reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the Platform undertakes to post the new version on its site. The Platform will also inform users of the change by email within a minimum of 15 days following the effective date. If the user does not agree with the new wording of the personal data protection clause, they may delete their account.
Consumer customers
Article 1 – Content and scope
MIL PANELING designs, manufactures and sells interior wall panelling. As the materials we use are natural materials, the products made will not be strictly identical to the samples provided or with each other. The panels must be installed in water and airtight premises at a temperature between 15 and 25° inclusive and a relative humidity of 50%. The photos on our website are not contractually binding. The product supplied may vary slightly from the product shown on the site.
These terms and conditions of sale apply as of right to all sales of the products of MIL PANELING, a private limited company (société à responsabilité limitée) with capital of 5,000 euros, with registered office at Zone Industrielle des Sorettes 28210 Nogent le Roi, registered with the Trade and companies Register (RCS) of Chartres under no. 911 500 593 (hereinafter the seller), telephone: 02 37 51 98 14, email address contact@mil-paneling.com.
The sale is deemed to be made on the date of acceptance of the order by the seller.
Prior to this date, these terms of sale will be provided to the purchaser for their information.
Any order placed implies the unreserved acceptance of these terms and conditions of sale, which will prevail over all other terms and conditions, with the exception of any expressly accepted by the seller.
The purchaser declares that they have read and accepted these terms and conditions of sale before making their immediate purchase or placing an order. Accordingly, they are binding upon them in accordance with the terms of Article 1119 of the French Civil Code.
Article 2 – Pre-contractual information
Prior to the immediate purchase or placing an order and concluding the contract, these terms and conditions of sale are provided to the purchaser, who acknowledges that they have received them.
The purchaser acknowledges that they have received, prior to placing their order and concluding the contract, these terms and conditions of sale, in a legible and comprehensible form as well as all the information listed in Article L. 221-5 of the French Consumer Code.
The purchaser is provided in a clear and comprehensible way with the following information:
– the essential characteristics of the product;
– the price of the products and any related costs;
– the date when or timeframe in which the seller undertakes to deliver the product;
– the information relating to the seller’s identity, its postal and electronic address, telephone number and activities;
– information on the statutory and contractual warranties and the conditions of their application;
– the possibility of submitting any dispute to out-of-court mediation.
The seller provides the purchaser with the following information:
– its name or company, geographic address of its place of business and, if it is different, that of its registered office, telephone number and email address;
– the modes of payment, delivery and performance of the contract, as well as the method the professional uses to deal with complaints;
– in the event of a sale, the existence and conditions of application of the statutory conformity warranty provided for by Articles L. 217-1 et seq of the Consumer Code, the hidden defects warranty required provided for by Articles 1641 et seq of the Civil Code.
Article 3 – Order
MIL PANELING only manufactures custom products. Production of the products ordered is launched once the order is accepted and the down payment required on placing the order paid.
The term order should be taken to mean any order concerning the seller’s products, accepted by the seller and accompanied by the aforementioned down payment.
It implies unreserved acceptance and full compliance with these terms and conditions of sale and an obligation to pay for the products ordered.
Once transmitted to the supplier, orders may no longer be cancelled by the customer.
Any request to change the composition or volume of an order placed by a customer can only be taken into account by the supplier if the request is made in writing and will be subject to our company’s express agreement. The terms of the order may then be reviewed accordingly, by mutual agreement.
As all products are custom made, returns are not possible.
Article 4 – Delivery and cancellation of the contract
The delivery will be made at the purchaser’s home address, within the delivery time specified at the time of placing the order, which is counted from the effective payment of the down payment when the customer places the order.
If the seller fails to fulfil its obligation to deliver by the deadline referred to above, the purchaser will be entitled to terminate the contract, under the conditions set out in Article L. 216-6 of the Consumer Code, by sending a registered letter with return receipt requested or by writing on a different durable medium, if after sending the professional, in the same way, a notice to make the delivery or provide the service within a reasonable amount of time, the latter fails perform within that time.
The contract is considered as cancelled on receipt by the professional of the letter or written document informing it of the cancellation, unless the professional has fulfilled its obligations in the meantime.
Nevertheless, the purchaser may terminate the contract immediately if the professional refuses to deliver the goods or provide the service or if it fails to fulfil its obligation to deliver the goods or provide the service on the agreed date, if this date or delivery time constitutes an essential condition of the contract for the purchaser. This essential condition results from the circumstances around the conclusion of the contract or an express request on the part of the consumer before entering into the contract.
The costs and risks related to the delivery of the products are borne exclusively by the seller.
As of delivery, the risks relating to the products are transferred to the purchaser. The products therefore travel at the seller’s risk.
Goods are transported by an independent carrier.
It is the customer’s responsibility, if the goods delivered are found to be damaged or if any items are missing, to express the necessary reservations to the carrier.
Any product which has not been the subject of reservations set out in a registered letter with acknowledgment of receipt sent to the carrier within three (3) days of its receipt, pursuant to Article L. 133-3 of the French Commercial Code, with a copy being sent to the supplier at the same time, will be considered as accepted by the customer.
Article 5 – Prices
Prior to placing an order, the customer requests a quote online, selecting the product(s) they wish to purchase. The price is calculated by MIL PANELING based on the customer’s specific requirements, in particular the materials, finishes, technical characteristics and quantities specified by the customer. On this basis, MIL PANELING issues a quote, which the customer is asked to accept.
The prices given are firm and final once the quote is signed.
They are quoted in a legal currency inclusive of all taxes, delivery charges and packaging.
Article 6 – Payment
Unless specifically provided otherwise in the order, the price is payable as follows:
– 50% on placing the order, as soon as it is accepted by MIL PANELING,
– the balance, i.e. 50%, cash prior to shipping.
However, for samples, 100% of the price is payable on placing the order.
Payments made by the purchaser will only be considered as having been made in full once the payment is credited to the seller’s account.
An invoice will be provided to the purchaser on request.
In the event of late payment by the purchaser after the due dates specified above, and after the due date given on the invoice sent to the purchaser, late payment penalties calculated at the statutory interest rate, will automatically apply and be payable to the seller without any further formality or prior notice to pay being required, and will lead to all other sums owed by the purchaser becoming immediately payable, without prejudice to any other action the seller would be entitled to bring against the purchaser in this respect.
Article 7 – Warranties – General points
MIL PANELING guarantees the conformity of the goods covered by the contract, which means that the purchaser can make a claim under the statutory conformity warranty provided for by Articles L. 217-1 et seq of the Consumer Code or the defects in goods sold warranty within the meaning of Articles 1641 et seq of the Civil Code.
Article 8 – Statutory conformity warranty
The purchaser benefits from a statutory conformity warranty. Concerning the application of that warranty, it is pointed out that:
– the purchaser has a period of 2 years from the delivery of the goods to take action;
– the purchaser may choose between repair and replacement of the goods, subject to the conditions relating to cost provided for by Article L.2179 of the French Consumer Code;
– the purchaser is exempted from the need to provide proof of the existence of the nonconformity of the goods for 24 months following the delivery of the goods.
It is also pointed out that the purchaser may decide to apply the hidden defects warranty as defined in Article 1641 of the French Civil Code. In this case, they may choose between the cancellation of the sale or a reduction of the sale price pursuant to Article 1644 of the Civil Code.
Article 9 – Intellectual property
All technical or product documents and photographs provided to our customers remain the exclusive property of MIL PANELING, sole holder of the intellectual property rights in these documents, and they must be returned to it at its request.
Our customers undertake not to make any use of such documents that might be liable to infringe the industrial or intellectual property rights of MIL PANELING and they undertake not to disclose them to any third parties.
Samples belong to us. This applies both to their material medium and the process used to make them. It is strictly prohibited to reproduce them.
Article 10 – Transfer of ownership
Ownership will only be transferred after full payment of the price by the purchaser, regardless of the delivery date.
Article 11 – Samples – specific provisions
Samples can be ordered online and are payable at the time of ordering. They are delivered by post, within the time indicated when the order is placed.
The purchaser places their sample order based on the online sample catalogue and using the form on the site.
Orders for samples are limited to three samples of the same reference and a maximum of 32 samples in total.
The purchaser places their sample order based on the online sample catalogue and using the form on the site.
By validating the order and making the payment, the purchaser also accepts these terms and conditions. Acceptance of the order will be confirmed by an email from the seller.
Payment may be made by bank transfer or card.
In certain cases, in particular if no payment is received, if the address is wrong or there is any other problem with the purchaser’s account, the seller reserves the right to block the purchaser’s order until the problem is resolved.
The purchaser’s provision of its bank details and final validation of the order will constitute proof of their commitment to pay the amount due for the purchase order signed and express acceptance of the transactions carried out.
The electronic records kept in the seller’s computer systems under reasonable conditions of security will be considered as proof of the communications, orders and payments taking place between the parties. Order forms and invoices are archived on a reliable and durable medium which can be produced as proof.
Article 12 – Jurisdiction
All disputes to which the purchase and sale transactions subject to the application of these terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and repercussions, and which have not been amicably resolved between the seller and the purchaser, will be subject to the jurisdiction of the competent courts under the conditions of ordinary law.
For the definition of the court with jurisdiction, the seller takes its registered office as its address for service.
However, if the purchaser is resident outside of France, the Tribunal Judiciaire of Chartres shall have sole jurisdiction in the event of any disputes.
Article 13 – Applicable law
This contract is governed by French law.
Article 14 – Mediation
The purchaser they may submit a dispute to mediation, in particular through the consumer mediation body (Commission de la médiation de la consommation) or through one of the different sector-based mediation bodies that exist or resort to any other method of dispute settlement (conciliation, for example).
Article 15 – Personal data protection
15.1 Collection of personal data
The personal data collected on this site (or “Platform”) are:
– When the user creates their account: surname, first name, address and date of birth.
– When the user connects to the Platform, it saves, in particular, their surname, first name, data relating to the connection, use, location and their payment data.
– The use of the services provided on the Platform allows the creation of a profile, which may include an address and a telephone number.
– In connection with the payment of the products and services offered on the Platform, it saves financial data relating to the user’s bank account or credit card.
– Cookies are deposited when the site is used. The user can choose to disable cookies by changing their internet browser settings.
15.2 Use of personal data
The personal data collected from users is intended to facilitate the provision of the Platform’s services, their improvement and the maintaining of a secure environment. More precisely, the uses are:
– access and use of the Platform by the user;
– management of the operation and optimisation of the Platform;
– organisation of the conditions of use of the payment services;
– verification, identification and authentication of the date provided by the user;
– provision of user assistance;
– personalisation of services by displaying advertisements based on the user’s browsing history, depending on their preferences;
– prevention and detection of fraud, malware (malicious software) and handling of security incidents;
– management of disputes with users;
– sending of commercial and advertising information, depending on the user’s preferences.
15.3 Sharing of personal data with third parties
The personal data collected may be shared with third party companies in the following cases:
– when the user uses the payment services – for the implementation of those services, the Platform is linked to banks and finance companies with which it has contracts;
– when the user authorises a third party’s website to access their data;
– when the Platform uses the services of providers to provide user assistance, advertising and payment services. These service providers have limited access to the user’s data for the purposes of performing these services, and they have a contractual obligation to use them in line with the provisions of the regulations applicable in matters relating to personal data protection;
– if required by law, the Platform may transmit data to deal with complaints made against the Platform and comply with administrative and judicial procedures;
– if the Platform is involved in a merger, acquisition, assignment of assets operation or if it goes into receivership, it may be required to assign or share all or part of its assets, including personal data. In this case, the users would be informed before the personal data were transferred to a third party.
15.4 Transfer of personal data
Due to the organisation of the company responsible for the Platform, within an international group, the user authorises the Platform to transfer, store and process its information in the United States. The laws of this country may differ from the laws in the user’s country of residence within the European Union. By using the Platform, the user consents to the transfer of their data to the United States.
The Platform remains responsible for personal data shared with third parties under the Privacy Shield framework.
The Platform complies with the rules of the Privacy Shield framework, which protects data shared between the European Union and the United States, as formulated by the US Department of Commerce relating to the collection, use and storage of personal data transferred to the United States from the European Union. The Platform has declared to the US Department of Commerce that it adheres to the principles of the Privacy Shield. In the event of any conflict between the terms of the clause and the Privacy Shield principles, the latter will prevail.
15.5 Security and confidentiality
The Platform implements organisational, technical, software and physical measures to ensure digital security and protect personal data against damage, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment, and the Platform is unable to guarantee the security of the transmission or storage of information on the internet.
15.6 Implementation of users’ rights
Under the regulations applicable to personal data, users have the following rights:
– they can update or erase the data concerning them by connecting to their account and altering their account settings;
– they can delete their account, by sending an email to this address: contact@mil-paneling.com
– they can exercise their right of access to find out what personal data concerning them are held, by sending an email to this address: contact@mil-paneling.com .
In this case, before implementing the user’s right, the Platform may request proof of the user’s identity;
– if the personal data held by the Platform are inaccurate, they may ask for the information to be updated, by sending an email to this address: contact@mil-paneling.com
– users may ask for their personal data to be erased, in line with data protection law, by sending an email to this address: contact@mil-paneling.com
15.7 Changes to this clause
The Platform reserves the right to make any changes to this personal data protection clause at any time.
If a change is made to this personal data protection clause, the Platform undertakes to post the new version on its site. The Platform will also inform users of the change by email within a minimum of 15 days following the effective date. If the user does not agree with the new wording of the personal data protection clause, they may delete their account.
Article 16 – No right of withdrawal
Pursuant to the provisions of Article L221-8 of the Consumer Code, the customer does not have a right of withdrawal, since the products are made to the customer’s specifications.
ANNEX
Consumer Code
The seller shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5.
It is liable for any non-conformities existing at the time of delivery of the goods within the meaning of Article L. 216-1, that appear within a period of two years following delivery.
In the event of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of the supply, the seller is liable for compliance defects of this digital content or this digital service that appear within a period of two years as from the delivery of the goods;
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for compliance defects of this digital content or this digital service that appear within the period during which this is supplied pursuant to the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of article L. 217-19.
This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code. The limitation period for action by the consumer starts on the date when the consumer discovers the non-conformity.
The goods comply with the contract if they meet, where applicable, the following criteria in particular:
1° They comply with the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristics specified in the contract;
2° They are fit for any special use required by the consumer, of which the seller is informed no later than at the time when the contract was concluded and accepted by the seller;
3° They are delivered with all the accessories and installation instructions to be provided in accordance with the contract;
4° They are updated in accordance with the contract.
I.-In addition to the criteria of compliance with the contract, the goods are compliant if they meet the following criteria:
1° They are fit for the use normally expected for goods of the same type, taking into account, if necessary, all provisions of European Union and national law and all technical standards or, if there are no such technical standards, the specific codes of conduct applicable to the sector concerned;
2° Where appropriate, they have the qualities which the seller presented to the consumer in the form of a sample or model before the contract was concluded;
3° Where applicable, the digital elements they include are supplied in the most recent version available at the time of concluding the contract, unless the parties agree otherwise;
4° Where appropriate, they are delivered with all the accessories, including the packaging, and the installation instructions that the consumer may reasonably expect;
5° Where appropriate, they are supplied with the updates that the consumer may reasonably expect, in accordance with the provisions of Article L. 217-19;
6° They comply with quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer may reasonably expect for goods of the same type, in view of the nature of the goods and the public declarations made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in the advertising or on the labelling.
II.- However, the seller is not bound by all the public declarations mentioned in the preceding paragraph if they can show:
1° That they were not aware thereof and were not legitimately in a position to be aware thereof.
2° That at the time of concluding the contract, the public declarations were rectified under conditions comparable to the initial declarations; or
3° That the public declarations could not have had an impact on the decision to purchase.
III. – The consumer may not contest the compliance of an item by invoking a defect concerning one or more particular characteristics of the item which they were specifically informed did not meet the compliance criteria set forth in this article, and to which they expressly and specifically consented to when concluding the contract.
When, at the time of concluding the contract, processing of personal data is performed by a professional, a failure on their part to fulfil the obligations incumbent on them pursuant to Regulation (EU) 2016/679 of 27 April 2016 and [French] data protection law (Law no. 78-17 of 6 January 1978), if this failure entails a failure to meet one or more of the compliance criteria set forth in this section, shall be considered to be a conformity defect, without prejudice to the other remedies provided for by these texts.
Les défauts de conformité qui apparaissent dans un délai de vingt-quatre mois à compter de la Compliance defects that appear within a period of twenty-four months as from the delivery of the goods, including an item that contains digital elements, are, in the absence of evidence to the contrary, presumed to have existed at the time of the delivery, unless this presumption is incompatible with the nature of the item, or the defect being invoked.
For second-hand goods, this period is twelve months.
When the contract for the sale of an item including digital elements provides for the continuous supply of digital content or a digital service, compliance defects that appear under the following circumstances are presumed to have existed when the item was delivered:
1° During a period of two years as from the delivery of the item, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply;
2° In the period during which the digital content or the digital service is supplied pursuant to the contract, when this provides for this supply for a duration of more than two years
In the event of non-conformity, the consumer is entitled to have the goods repaired or replaced or, failing that, to a reduction in the price or the cancellation of the contract, under the conditions set out in this subsection.
In addition, the consumer is entitled to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this Section, in accordance with Articles 1219 and 1220 of the Civil Code.
The provisions of this Section are without prejudice to the awarding of damages.
The consumer is entitled to demand that the goods be brought into compliance with the criteria set out in subsection 1 of this Section.
The consumer asks the seller to bring the goods into compliance by requesting their repair or replacement. For that purpose, the consumer must make the goods available to the seller.
The goods must be brought into compliance within a reasonable period of time, which may not exceed thirty days following the consumer’s request, and without major inconvenience to the consumer, taking into account the nature of the goods and the use required by the consumer.
Repair or replacement of non-compliant goods includes, if necessary, the collection and return of the goods and installation of the repaired or replacement goods by the seller.
A Decree sets out the conditions under which goods are to be brought into compliance.
The goods are brought into compliance at no cost for the consumer.
The consumer is not required to pay for normal use of the replaced goods during the period prior to their replacement.
The seller is not obliged to comply with the consumer’s choice if the requested method of bringing into compliance is impossible or would lead to disproportionate costs, in particular with regard to:
1° The value of the goods if there had been no non-conformity;
2° The extent of the non-conformity; and
3° Whether the other choice is possible without a major inconvenience to the consumer.
The seller may refuse to bring the goods into compliance if it is impossible or leads to disproportionate costs, in particular with regard to points 1° and 2°.
If these conditions are not met, after issuing a formal notice to comply the consumer can proceed to specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to comply with the consumer’s choice or bring the goods into compliance must be justified in writing or on a durable medium.
Any goods repaired under the statutory conformity warranty benefit from a six-month extension to this warranty.
If the consumer chooses to have the goods repaired, but this is not carried out by the seller, compliance by replacement of the goods results in the consumer receiving a further period of statutory conformity warranty for the replaced goods. This provision applies from the date the replacement goods are delivered to the consumer.
The consumer is entitled to a reduction in the price of the goods or cancellation of the contract in the following cases:
1° If the professional refuses to bring the goods into compliance;
2° If compliance takes place more than thirty days after the consumer’s request or if it causes major inconvenience to the consumer;
3° If the consumer permanently bears the cost of return or collection of the non-compliant goods or the cost of installing the repaired or replacement goods or the related costs;
4° If the goods are still non-compliant in spite of the seller’s attempt to bring them into compliance, which has proved unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or cancellation of the contract if the non-conformity is so serious that it justifies an immediate reduction in the price or cancellation of the contract. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
The consumer is not entitled to cancel the sale if the non-conformity is minor, which it is up to the seller to prove. This paragraph does not apply to contracts under which the consumer does not pay a price.
In the cases specified in Art. l. 217-14, the consumer must inform the seller of their decision to obtain a reduction in the price of the goods.
The price reduction is proportional to the difference between the value of the delivered goods and the value of the goods without the non-conformity.
In the cases specified in Article L. 217-14, the consumer must inform the seller of their decision to cancel the contract. They must return the goods to the seller at the seller’s expense. The seller shall reimburse the consumer for the price paid and return any other benefits received under the contract.
If the non-conformity only concerns some of the goods delivered under the sales contract, the consumer is entitled to cancel the contract for all of the goods, even those not covered by this Section, if the consumer cannot reasonably be expected to agree to keep only the compliant goods.
For the contracts mentioned in Article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this Section, the consumer is entitled to cancel the entire contract.
In addition, in the event of a bundled offer within the meaning of Article l. 224-42-2, the consumer is entitled to cancel all of the related contracts.
The respective obligations of the parties under the contract, mentioned in Article L. 224-25-22 and pertaining to the consequences of the termination for the digital content and digital services, are applicable to the termination of the contract for the sale of an item containing digital elements.
The reimbursement to the consumer of the sums owed by the seller under this subsection shall be made on receipt of the goods or proof of their return by the consumer and at the latest within the following fourteen days.
The seller shall reimburse these sums using the same method of payment as that used by the consumer when the contract was concluded, unless the consumer expressly agrees otherwise, and in any case at no extra charge.
Civil Code,
Article 1641
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
A seller is not liable for visible defects which the purchaser ought to have ascertained before purchase.
The seller is liable for hidden vices even though he did not know of them, unless he has stipulated that he would not be bound to any warranty.
Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him, as decided by experts.
If the seller was aware of the defects in the thing, he is bound not only to return the price he received but also all damage the buyer has suffered.
If the seller did not know of the defects in the thing, he is bound only to return the price and to reimburse to the buyer the expenses incurred by the sale.
“If the thing that had defects has been destroyed because of its bad quality, the loss is for the seller who is liable to the buyer for the restitution of the price and other damages as explained in the two preceding Articles.
But the loss that occurred because of a fortuitous event is for the buyer.
Action resulting from latent defects must be brought by the purchaser within a two years of discovering the defect.
In the case provided for in Article 1642-1, the action must be brought, to be admissible, within one year following the date when the seller can be discharged for visible defects and nonconformities.