Conditions générales de vente

Milna Beauty General Terms and Conditions of Sale
Effective from 10/22/2025

ARTICLE 1. PARTIES
These general terms and conditions apply between Milna Beauty, a sole proprietorship registered with the Trade and Companies Register in France under number 94067780000010, headquartered in France. VAT not applicable under Article 293B of the French General Tax Code (CGI), hereinafter referred to as "the Publisher", and any person, individual or legal entity, whether public or private law, registered on the Site to purchase a Product, hereinafter referred to as "the Client".

ARTICLE 2. DEFINITIONS

• Client: Any individual or legal entity, whether public or private law, registered on the Site.

• Site Content: Any materials of any kind published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

• Publisher: Milna Beauty, a sole proprietorship acting as the Site’s publisher.

• Internet User: Any individual or legal entity, whether public or private law, accessing the Site.

• Product: Any goods sold on the Site by the Publisher to Clients.

• Site: The website accessible at the Milna Beauty URL, along with associated sub-sites, mirror sites, portals, and variations of URLs related thereto.

ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and openly accessible to any Internet User. Navigation on the Site implies acceptance by the Internet User of these general terms and conditions. Simply accessing the Site, whether through a browser or a robot, will be deemed as full acceptance of these terms. Acceptance will be confirmed upon registration on the Site by checking the corresponding box.

The Internet User acknowledges having fully read and accepted these terms without restriction. Checking the box mentioned above will be considered equivalent to the Internet User's handwritten signature. The Internet User recognizes the evidentiary value of the Publisher’s automatic registration systems, and unless proven otherwise, waives any dispute over these in case of a dispute.

These general terms and conditions apply exclusively to the relationship between the parties, excluding all other terms, including those of the Internet User.

Acceptance of these terms requires the Internet User to have the necessary legal capacity, or alternatively, authorization from a guardian or curator if incapacitated, from a legal representative if a minor, or if acting on behalf of a legal entity, a mandate to do so.

ARTICLE 4. PURPOSE OF THE SITE
The Site is intended for the sale of Products to Clients.

ARTICLE 5. ORDER PROCESS
5.1. Order
To place an order, Internet Users can select one or more Products and add them to their cart. The availability of Products is indicated on the Site, on the description page of each item. When the order is complete, the User can access their cart by clicking on the corresponding button.

5.2. Order Validation by the Internet User
By reviewing their cart, Internet Users can verify the quantity and nature of the Products they selected and check their unit prices and total price. They can remove one or more Products from their cart.

If satisfied with their order, Internet Users can proceed to validate it. They will then be directed to a form where they can either log in with their existing credentials or create an account by filling in the registration form with their personal details.

5.3. Client Payment
Once logged in or after completing the registration form, Clients will be prompted to verify or modify their shipping and billing information, and will then proceed to payment via a secure payment interface displaying the message "Order with payment obligation" or a similar statement.

5.4. Confirmation of the Order by the Publisher
Once the payment is received by the Publisher, the Publisher commits to acknowledging receipt electronically within a maximum of 24 hours. Within the same time frame, the Publisher will send the Client a summary email confirming the order and processing, including all related information.

ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site at the time of the order. These prices may be modified at any time by the Publisher. Prices are valid only for the day of the order and do not apply for future orders.

Prices shown on the Site are inclusive of all taxes, excluding shipping fees.

6.2. Payment Method
Clients can pay via Paypal, Stripe, or Google Pay.

For card payments, the Publisher does not have access to any payment method data. Payment is processed directly by the banking institution.

In case of payment by money order, check, or bank transfer, the delivery period starts only once the payment is received by the Publisher.

6.3. Invoicing
The Publisher will send or make available an electronic invoice after each payment. The Client expressly agrees to receive invoices electronically.

6.4. Late Payment
Payment dates cannot be delayed under any circumstances, even in the case of a dispute.

Any amount not paid on time will automatically incur late fees calculated at a rate equal to three times the legal interest rate, without affecting the principal amount owed.

Additionally, late payments will result in the billing of collection fees of 40 euros, immediate payment of all amounts owed, regardless of agreed deadlines, with a 20% penalty on the total amount, and the possibility of unilaterally terminating the contract at the Client’s expense.

6.5. Retention of Title
The Products remain the property of the Publisher until full payment of the price has been made, in accordance with this retention of title clause.

ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is available via the contact page on the website: info@milnabeauty.com

ARTICLE 8. PERSONAL ACCOUNT
8.1. Account Creation
Creating a personal account is a prerequisite for any order by an Internet User on the Site. The User will be required to provide certain personal information, some of which are essential for creating the account. Failure to provide this information will prevent account creation and consequently, the order validation.

The User will also be asked to choose a password to ensure the confidentiality of their personal account information. The User is prohibited from sharing this password with others. Otherwise, the Publisher cannot be held responsible for unauthorized access to the User’s personal account.

The Client agrees to regularly check and update their personal data in their account as necessary.

8.2. Account Content
The personal account allows the Client to view and track all orders placed on the Site.

The pages related to personal accounts can be printed by the account holder but are not considered admissible evidence in court. They are for informational purposes to facilitate order management.

The Publisher commits to securely storing all contractual elements that are legally required to be preserved.

8.3. Account Deletion
The Publisher reserves the right to delete any Client’s account that violates these terms, particularly when providing false, incomplete, or fraudulent information, or if the account has been inactive for at least a year. The deletion will not constitute a fault by the Publisher or cause any damages for the excluded Client, who will not be entitled to compensation.

This exclusion is without prejudice to the Publisher's right to take legal action against the Client if warranted.

ARTICLE 9. PERSONAL DATA
In the course of its service, the Publisher may process personal data of Clients.

9.1. Data Controller
The Publisher is the data controller for the personal data processed on the Site.

9.2. Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 Boulevard de Sébastopol, 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com

9.3. Collected Data
9.3.1. Data Collected from Clients
The Publisher may collect and process the following information from Clients: email, first and last name, phone number, address, state, province, zip/postal code, and city.

9.3.2. Processing Purpose
The collected data is processed for the following purposes:

• Legal procedures

• Client identity verification

9.3.3. Legal Basis for Processing
The legal basis for data collection is a contractual relationship.

9.3.4. Data Recipients
The collected data is accessible only to the Publisher as necessary for fulfilling contractual obligations.

9.3.5. Data Retention
Personal data is retained for the duration of the contractual relationship and the period during which the Publisher’s liability may be engaged. After this period, the Publisher commits to permanently deleting the data without retaining a copy.

9.3.6. Security and Privacy of Personal Data
Personal data is stored under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation (GDPR) and applicable national legislation.

Access to the Publisher’s premises is also secured.

9.3.7. Data Minimization
The Publisher may also collect and process any data voluntarily provided by its Clients.

The Publisher guides its Clients to provide strictly necessary personal data required for the execution of contractual obligations.

The Publisher commits to storing and processing only the data strictly necessary for its professional activities and will delete any received data that is not useful to its activities as soon as possible.

9.4. Respect for Rights
The Publisher’s Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher’s postal address or by filling out the online contact form.

9.4.1. Right to Information, Access, and Communication of Data
The Publisher’s Clients have the right to access their personal data.

Due to the obligation of security and confidentiality in processing personal data, requests will only be processed if Clients provide proof of their identity, such as a scan of their valid ID (for requests through the dedicated online form) or a signed photocopy of their valid ID (for requests sent by mail), both accompanied by the statement: "I certify on my honor that this copy of the ID is true to the original. Done at … on …", followed by their signature.

9.4.2. Right to Rectification, Deletion, and Right to Be Forgotten
The Publisher’s Clients have the right to request the rectification, update, blocking, or deletion of their personal data if it is inaccurate, erroneous, incomplete, or outdated.

Clients can also set general and specific directives regarding the fate of their personal data after their death. In such cases, the heirs of a deceased person may request to take into account their loved one’s death and/or update necessary data.

9.4.3. Right to Object to Data Processing
The Publisher’s Clients have the right to object to the processing of their personal data.

9.4.4. Right to Data Portability
The Publisher’s Clients have the right to receive the personal data they provided to the Publisher in a transferable, open, and readable format.

9.4.5. Right to Limit Processing
The Publisher’s Clients have the right to request that the processing of their personal data by the Publisher be limited. As such, their data can only be stored and no longer used by the Publisher.

9.4.6. Response Time
The Publisher commits to responding to any access, rectification, or opposition request, or any other request for additional information, within a reasonable time frame that shall not exceed 1 month from receipt of the request.

9.4.7. Complaint to the Competent Authority
If the Publisher’s Clients believe the Publisher is not complying with its obligations regarding their personal data, they can file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they can send a request here.

9.5. Transfer of Collected Data
9.5.1. Transfer to Partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.

The Publisher has ensured that its service providers implement adequate safeguards and comply with strict conditions regarding data confidentiality, use, and protection, such as through the U.S. Privacy Shield.

9.5.2. Transfer on Requisition or Court Order
Clients also consent to the Publisher sharing the collected data with any person upon requisition by a state authority or by court order.

9.5.3. Transfer in the Event of a Merger or Acquisition
If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or acquisition of all or part of its business by another company, Clients consent to the collected data being transferred to that company, which will perform the personal data processing specified in these Terms and Conditions on behalf of the Publisher.

ARTICLE 10. PUBLISHER'S LIABILITY
10.1. Nature of Publisher’s Obligations
The Publisher commits to providing Products of quality, conforming to the specifications set forth in these Terms and Conditions. The Publisher only assumes an obligation of means concerning the services described herein.

10.2. Force Majeure - Client's Fault
The Publisher shall not be held liable in the case of force majeure or fault by the Client, as defined in this article:

10.2.1. Force Majeure
For the purposes of these general conditions, force majeure shall include any disruption, limitation, or disturbance of the Service caused by fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the internet service provider, network transmission failures, installation collapses, unauthorized or fraudulent use of passwords, codes, or references provided to the Client, hacking, security flaws attributable to the site’s hosting provider or developers, flooding, power outages, war, embargo, law, order, demand, or requirement of any government, requisition, strike, boycott, or any other circumstance beyond the Publisher’s reasonable control. In such cases, the Publisher shall be exempt from performing its obligations for the duration of such disruption, limitation, or disturbance.

10.2.2. Client’s Fault
For the purposes of these Terms and Conditions, a fault attributable to the Client shall include misuse of the Service, fault, negligence, omission, or failure on the part of the Client or its representatives, failure to comply with the advice provided by the Publisher on its Site, any unlawful disclosure or use of the Client’s password, codes, and references, as well as providing incorrect information or failing to update such information in their personal account. The use of technical processes, such as bots or automated queries, that contravene the letter or spirit of these Terms and Conditions shall also be considered a fault of the Client.

10.3. Technical Issues - Hyperlinks
In case of inability to access the Site due to technical issues of any kind, the Client cannot claim damages or request compensation. Even if a service is unavailable for an extended period and without any time limit, the unavailability of one or more online services does not constitute harm to the Clients and cannot give rise to any damages from the Publisher.

The hyperlinks on the Site may link to other websites. The Publisher shall not be liable if the content of these sites contravenes applicable laws. The Publisher also shall not be responsible if visiting one of these sites causes harm to the Internet user.

Due to current technical limitations, the display of Products offered for sale on this Site, including color or shape, may vary between devices or differ from the actual product depending on the quality of graphic accessories, screen resolution, etc. These variations and differences shall not be attributed to the Publisher, who shall not be held responsible for them.

10.4. Damages Liability of the Publisher
Unless otherwise provided by law or regulation, the Publisher’s liability is limited to the direct, personal, and certain damage suffered by the Client due to the failure in question. The Publisher cannot be held responsible for indirect damages such as, but not limited to, data losses, commercial losses, loss of orders, damage to reputation, commercial disturbances, and loss of profits or clients. Likewise, and within the same limits, the amount of damages awarded against the Publisher shall not exceed the price of the Product ordered.

10.5. Hyperlinks and Site Content
The contents of the Site are published for informational purposes, without any guarantee of accuracy. The Publisher shall not be held liable for any omission, inaccuracy, or error in the information that causes direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal Protection of Site Content
The contents of the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, performed illegally and without the Publisher’s or its rights holders' consent constitutes a violation of the Books I and III of the Intellectual Property Code and may lead to legal action for infringement.

11.2. Contractual Protection of Site Content
The Internet user agrees contractually with the Publisher not to use, reproduce, or represent, in any way, the Site’s contents, whether or not protected by intellectual property rights, for any purpose other than viewing them via a browser or a robot. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site’s content for indexing purposes.

ARTICLE 12. FINAL PROVISIONS
12.1. Applicable Law
These Terms and Conditions are governed by French law.

12.2. Modification of These Terms and Conditions
The Publisher may modify these Terms and Conditions at any time. The applicable Terms and Conditions for the Client are those in force on the day of their order or connection to this Site, and any new connection to the personal space will imply acceptance of the new Terms and Conditions.

12.3. Disputes
Under Ordinance No. 2015-1033 of August 20, 2015, any disputes arising in the context of the execution of these general terms and conditions that could not be settled amicably between the parties must be submitted.

Additionally, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation is mandatory for all. Therefore, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they are selling remotely or in a physical store (Source: FEVAD).

Centre for Mediation and Arbitration of Paris / https://www.cmap.fr/#:~:text=Le%20Centre%20de%20M%C3%A9diation%20et,facteurs%20de%20comp%C3%A9titivit%C3%A9%20des%20entreprises.

12.4. Entirety
The invalidity of any clause in this contract will not affect the validity of the other clauses of the contract or the contract as a whole, which will remain fully effective. In such a case, the parties shall, to the extent possible, replace the invalidated stipulation with a valid stipulation that aligns with the spirit and purpose of the present terms.

12.5. Non-Waiver
The failure of the Publisher to exercise any rights granted under these terms shall not be interpreted as a waiver of such rights.

12.6. Telemarketing
The Client is informed that they have the option to register on the do-not-call list at the following address: http://www.bloctel.gouv.fr/.

12.7. Languages of these Terms
These terms and conditions are presented in English.

12.8. Unfair Clauses
The provisions of these general terms and conditions apply, subject to the mandatory provisions of the French Consumer Code regarding unfair clauses in contracts concluded between a professional and a consumer.