Purpose of the T&Cs – Scope

These general terms and conditions of sale (hereinafter referred to as the “T&Cs”) govern all relations between, on the one hand, BIRD (hereinafter referred to as “MILLÉSIME” or the “Millésime Group”) and, on the other hand, persons wishing to purchase products or services (hereinafter the “Products” or “Services”) directly on our Website (hereinafter the “Website”) via our store space (https://www.millesime-collection.com/fr/boutique), hereinafter referred to as the “Customer”.

Contact details:

Millésime, 109 Rue Achard, 33300, BORDEAUX
Registered in the Bordeaux Trade and Companies Register under number 789 176 187
Monday to Friday 9am – 7pm, except public holidays
E-mail : contact@millesime-collection.com

The General Terms and Conditions of Sale are posted online on the www.millesime-collection.com website and can be downloaded by the Customer. They will be sent by post, e-mail or fax to any Customer who so requests. The parties agree that their relationship with regard to the purchase of Products or Services shall be governed exclusively by these T&Cs, to the exclusion of any previously available conditions. However, specific conditions apply to Gift Boxes and Gift Cards (general terms of sale and use of gift boxes). Any contrary condition presented by the Customer shall therefore, in the absence of express acceptance, be unenforceable against the Millésime Group, regardless of when it has been brought to its attention. The Customer declares that they have read these T&Cs before placing their order and has accepted them in full and without reservation. To this end, at the time of each order on the Site, the Customer must confirm their acceptance of the T&Cs by ticking the box provided for this purpose. This acceptance is in no way subject to a requirement for a handwritten signature. Acceptance of these T&Cs presupposes on the part of the Customer that they possess the legal capacity necessary for this action. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorisation of a legal guardian or representative.

The Millésime Group reserves the right to modify and update these General Terms and Conditions of Sale at any time, it being however specified that the applicable General Terms and Conditions of Sale shall be those in force on the date of definitive and unequivocal fulfilment of the order by the Customer and as formally accepted by the latter. The Customer acknowledges the value as proof of the automatic registration systems of the Millésime Group and, unless they provide evidence to the contrary, they waive their right to challenge them in the event of a dispute. In accordance with the provisions of Articles 1125 et seq. of the French Civil Code, these and Conditions of Sale may be retained by electronic download and/or be printed by the Customer. The fact that the Millésime Group does not avail itself, at a given time, of any of the clauses of these T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of any of said conditions.

Characteristics of the Products and Services – Pre-contractual information

In accordance with Articles L. 111-1 and L. 111-2 of the French Consumer Code, the essential characteristics and products/Services sold electronically are available on the Website www.millesime-collection.com, under the “E-shop” tab. The Customer acknowledges having received the information provided for in Articles L. 111-1 et seq. of the French Consumer Code and the French Consumer Code prior to having concluded the sale, and specifically by means of these General Terms and Conditions of Sale, in a legible and comprehensible manner:

the essential characteristics of the Product/Service, taking into account the communication medium used and the Product/Service concerned; the price of the Product/Service and its associated costs; in the absence of immediate performance of the contract, the date or deadline by which the Millésime Group undertakes to deliver the Product/Service; information – relating to the identity of the Millésime Group, its postal, telephone and electronic contact details and its activities, where they are not evident from the context, information relating to – –  legal guarantees and the procedures for their implementation, the functionalities of digital content and, where applicable, its interoperability, the possibility of recourse to contractual mediation in the event of a dispute, information relating to the right of withdrawal.

The Millésime Group reserves the right to supplement the Products and Services available for sale or to cease their distribution at its sole discretion and at any time after informing the Customers, on the Website.

Entry into force – Term of the contract

The contract between the Parties enters into force on the date of validation of the order and acceptance of the payment, as defined in Article 4. The contract is concluded for the period necessary for the supply of the Product and/or Service, until the expiry of the guarantees and obligations belonging to the Millésime Group.

Customer – Order

Groupe Millésime does not sell to professionals, the Products or Services sold on the Site are exclusively reserved for private individuals, for personal use without any direct link to the professional activity of the Client. In order to purchase a Product or Service for the first time, the Client must fill in an order form with certain mandatory fields (title, surname, first name, delivery address, e-mail address, telephone number, etc.) so that the order can be processed by Groupe Millésime. The information provided must be complete, exact and up to date. If this information is not provided or if the Client does not wish to provide this information, the Groupe Millésime will not be able to process the order.

The Customer can place an order: via our website at https://maison-millesime.com / by telephone at: 09 82 32 51 73, Monday to Friday, from 9am to 7pm, except on public holidays / by email: contact@millesime-collection.com

The Products selected by the Customer on the Site are added to the basket as they are placed in it. The basket can be consulted and modified at any time in the section at the top right of each page. The Customer will be able to check the details of his order by clicking on “Order” in the basket section. The details of the order summarise the nature, prices and quantity of Products/Services ordered. Once this order has been validated, the Customer will be asked to expressly accept the General Terms and Conditions of Sale.

The procedure for placing orders on the Site includes the following steps:

Selection on the Site of one or more Products and/or Services;
Following this selection, a summary showing all the choices and the total price of the Products and/or Services selected, your contact details, your method of payment, will enable you to check the details of your order and thus make any necessary changes, before the final registration of your order;
Your “first click” on a product will allow its registration in the shopping cart, the order will be registered only after your last validation, which will occur after having informed your billing information & means of payment followed by the ticking of the box “I have read and I accept the general conditions of sale”. However, your contract will only be definitively concluded after your bank has accepted the payment.
As soon as an order is placed, the Groupe Millésime will have access to an interface that allows them to monitor their orders.

Any remote order will result in a confirmation e-mail summarising all the elements relating to your order. By printing and/or keeping this email, you will have a means of proof of your order. The Customer declares that he/she has read and accepted these GTC before placing the order. The validation of the order therefore implies acceptance of these GTC. Orders are only final after full payment of the price by the Customer in accordance with Article 6 below. No cancellation can be accepted, except in the cases provided for in these GTC. However, in accordance with article L121-11 of the Consumer Code, the Establishment reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Client concerning the payment of a previous order. The invoice corresponding to the items ordered by the Customer shall be sent when the Order is executed.

Delivery – Complaints

1 General

The Products are delivered to the delivery address indicated by the Customer during the order process; unless delivery restrictions are indicated on the order validation page by the Customer.

Orders can be shipped anywhere in the world. In the event of delivery of a product outside the territory of the European Union and within Overseas France, the Customer declares themselves to be the importer of the Product and accepts that in such a case, the Millésime Group may be physically unable to provide it with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

2 Delivery times

Unless otherwise indicated on the Site during the order process or in the description of the products ordered, the Millésime Group undertakes to make its best efforts to deliver the Products as soon as possible and, in any event, within a maximum period of thirty (30) days after the conclusion of the contract with the Customer. In the event of delivery by a courier requiring a scheduled delivery time to be agreed with the Customer, the latter shall contact the Customer as soon as possible to agree a delivery slot no later than thirty (30) days from the validation of the order. The Millésime Group cannot be responsible for the delay in delivery due exclusively to unavailability of the Customer after several suggestions for delivery times by the courier. In the event of orders for several Products at the same time that have different delivery times, the delivery time of the order is based on the longest delivery period. The Millésime Group nevertheless reserves the right to deliver orders in multiple shipments. In the event of payment by bank card and a split shipment, only the Products shipped are debited.

3 Errors – Delivery delays

If the Customer’s parcel is returned to the Millésime Group by the Post Office or other postal service providers, the Millésime Group will contact the Customer upon receipt of the returned parcel to follow up on the order. The re-shipment of the parcel following a return caused by the Customer will involve postal costs for the new shipment, which the Customer must pay in advance. In the event of a delivery or exchange error, the Product to be exchanged or reimbursed must be returned to the Millésime Group in its entirety and in perfect condition. Any defect resulting from an error or poor handling by the Customer cannot be attributed to the Millésime Group. In the event of a late shipment, an email will be sent to the Customer to inform them of any consequence to the delivery time previously indicated to them. In the event of a late delivery, a new delivery time will be proposed. Any delay in delivery in relation to the date or time indicated to the Customer greater than forty (40) days from the conclusion of the contract, or if no date or time is indicated at the time of the order, may result in the termination of the sale at the Customer’s request under the conditions provided for in Articles L.216-2 and L.216-3 of the French Consumer Code. The request must be written by them and sent by signed registered post if, after having instructed the Millésime Group to make the delivery, the latter has not fulfilled its obligations. The Customer shall then be reimbursed, no later than fourteen (14) days after the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

4 Receipt – Complaints

Complaint related to damage to the Product related to transport

The Customer must check the product on delivery and must, where applicable, mention on the delivery slip all the concerns noted in the event of damage to the delivered Product. The Customer must notify the Millésime Group in writing with a copy of the slip within forty-eight (48) hours from receipt of the product. The Customer must open the damaged or defective package(s) in the presence of the courier and have them take back the damaged goods. In the event of failure to comply with these requirements, the Customer may not exercise their right of refusal and the Millésime Group shall not be required to comply with the Customer’s request to exercise their right of refusal. In the absence of concerns noted on the delivery slip and sent within the deadline to the Millésime Group, the product is deemed to have been delivered in good condition and may not be the subject of any dispute with the Millésime Group.

Complaint relating to the non-compliance of the Product with the information on the purchase order:

Complaints about the non-conformity of a Product delivered with the Product ordered must be made by registered letter with acknowledgement of receipt to the Millésime Group within 7 days of receipt. After this period, no claim can be accepted. Complaints must be sent by registered letter with acknowledgement of receipt, to the following address MILLÉSIME, 109 Rue Achard, 33300 BORDEAUX.

Any return of non-compliant Products must be the subject of a formal agreement between the Millésime Group and the Customer. In the event of non-compliance duly noted by the Millésime Group under the conditions provided for above, the Customer may obtain the free replacement of or reimbursement for the Products at the Customer’s discretion, subject to returning the non-compliant Product at the Millésime Group’s expense. No claim will be made if the Product has been acquired outside the Site, in particular in the event of purchase or resale from an individual or on resale websites between individuals.

Pricing – Payment terms

The purchase of the Products and Services shall be made on condition of full payment by the Customer of the price applicable on the date of the order. They are payable in cash, in full, before sending of the order. The invoice is in Euros. The price of the Products and/or Services is indicated in euros including taxes (VAT + other taxes, specifically audiovisual and eco taxes). The Millésime Group reserves the right to change its prices at any time and to pass on, if applicable, any change in the VAT rate in force to the prices of the Products or Services offered on the Site.

However, the Products and Services will be invoiced on the basis of the prices in force at the time of validation of the order.

Shipping, packaging and preparation costs are fixed and invoiced in addition to the price of the Products and Services:

GIFT BOXES

Weight 0,350kg > 0,700kg

French postage 6 € – Weight : 0,50 KG –

Zone 1 : 10,49 € – Zone 2 : 11,73 € – Zone 3 : 11,78 € – Zone 4 : 14,45 € – Zone 5 : 22,08 € – Zone 6 : 25,32 € – Zone 3 : 11,78 € – Zone 4 : 14,45 € – Zone 5 : 22,08 € – Zone 6 : 25,32 € – Zone 6 : 25,32

Weight 0,701kg > 3kg – French postage 12 € – Weight : 1,00 KG – Zone 1 : 12,33 € – Zone 2 : 14,36 € – Zone 3 : 14,40 € – Zone 4 : 17,20 € – Zone 5 : 30,40 € – Zone 6 : 29,79 €

Weight 3,001kg > 5kg – French postage 30 € – 2,00 KG – Zone 1 : 13,07 € – Zone 2 : 15,81 € – Zone 3 : 15,98 € – Zone 4 : 18,70 € – Zone 5 : 44,74 € – Zone 6 : 40,90 €

PRODUCTS

Weight 0 > 0,450kg – French postage 8 € – Weight : 3,00 KG – Zone 1 : 13,87 € – Zone 2 : 16,71 € – Zone 3 : 17,32 € – Zone 4 : 20,32 € – Zone 5 : 48,95 € – Zone 6 : 52,24 €

Weight 0,451 > 1,350 – French postage 12 € – Weight : 4,00 KG – Zone 1 : 14,64 € – Zone 2 : 17,49 € – Zone 3 : 18,96 € – Zone 4 : 22,48 € – Zone 5 : 52,03 € Zone 6 : 63,35 €

Weight 1,351 kg > 5 kg – French postage rate: 30 € – Weight 5,00 KG – Zone 1: 15,39 € – Zone 2: 18,34 € – Zone 3: 20,63 € – Zone 4: 26,74 € – Zone 5: 66,51 € – Zone 6: 72,83 €

For international delivery, an additional charge of twenty euros (€20) is added to the shipping costs above. With regard to gift boxes: specific shipping costs are indicated in the General Terms and Conditions of Sale and Use. In the event of a group order, gift boxes will be sent separately in order to preserve their integrity.

In the event of an order to a country other than mainland France, the Customer is deemed to be the importer of the Product(s) concerned. For all Products shipped outside the European Union and Overseas France, the price will be calculated automatically excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Groupe Millésime. They shall be borne by the Customer and fall under their full responsibility, both in terms of declarations and of payments to the competent authorities and/or bodies of the Customer’s country. The Customer is advised to obtain information on these aspects from their local authorities.

The Customer may pay for the order by bank card; bank transfer and cheque. Bank Card (Carte Bleue, VISA, American Express, MasterCard).

You enter your bank card details (card number, expiry date, cryptogram) on the day the order is confirmed. Your order will then be processed immediately. If the bank refuses payment, the order will be automatically cancelled.

Online payment by bank card is completely secure thanks to the SSL data encryption protocol, provided by Stripe. When the Customer registers their bank card for future purchases, the data is also encrypted. At no time does the Customer’s bank data pass through the Millésime Group’s IT system. PayPal. PayPal allows you to pay online without sharing your financial information with the recipient of your payments during the transaction. 100% protection against unauthorized payments made from your account. Each purchase is confirmed by a receipt. Just use your PayPal credentials: email and password. Your transactions are instant. If you make purchases in euros within the EU Euro zone, it is free. Orders paid by PayPal are debited when the order is placed. In the case of payment by bank card, the transaction is immediately debited from the Customer’s bank card after verification of the Customer’s data, upon receipt of the debit authorisation from the company issuing the bank card used by the Customer.

In accordance with Article L132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing information relating to their bank card, the Customer authorises the seller to debit their bank card for the amount corresponding to the price. To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is indeed theirs. The Customer shall provide the 16 digits and the expiry date of their bank card as well as, where applicable, the CVV numbers.

In the event that the price is not debited, the sale shall be immediately and automatically terminated and the order cancelled. The Millésime Group shall use all possible means to ensure the confidentiality and security of the data transmitted on the Site.

The personal data transmitted by the Customer may be subject to automated processing of personal data for the purpose of:

• allowing online payment for the Customer’s order to be carried out,
• cataloguing payment incidents,
• preventing the occurrence of payment incidents.

This automated processing of personal data will be carried out by the Millésime Group via the Site, which allows the Customer to transmit their bank details in a confidential and secure manner when ordering online. Only the Millésime Group is aware of the Customer’s personal data. Non-communication of this data in relation to their order and their payment method prevents the fulfilment and analysis of the order by online payment.

In the event of payment by cheque, the Customer prints their order and sends it by post to MILLÉSIME, accompanied by a cheque for the amount of the order. The cheque must be made out to BIRD, in euros, and must be offset by a French bank. Please note: by choosing to pay by cheque, the order will only be processed after it has been received and the delivery times referred to in Article 5-2 will only start from this moment.

Purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy. Computerised records will be considered by the parties as proof of communications; orders, payment and transactions between the parties. The Customer may access the contracts thus archived by sending a written request to MILLÉSIME’s contact details.

Availability

In the event that the Product or Service is unavailable after placing an order, the Customer shall be informed of this fact. The order shall be automatically cancelled and no debit shall be made.

Right of withdrawal (distance selling)

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days to exercise their right of withdrawal under the conditions of Articles L221-18 et seq. of the French Consumer Code. You may exercise your right of withdrawal by completing the standard withdrawal form appended to these General Terms and Conditions of Sale, sent at the time of delivery of the order and downloadable from the Website, and by returning it by letter or email.

The period of fourteen (14) days is counted in calendar days following the date of receipt or collection of the Order. The period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If the deadline expires on a Saturday, Sunday, public holiday or non-working day, it is extended to the next working day. When exercising this right, only the price of the purchased Products is reimbursed, with return costs remaining payable by the Customer.

Only Products returned within the period indicated above, in perfect condition and complete (packaging, accessories, instructions, etc.), allowing them to be re-sold in new condition, may be reimbursed. In the event of depreciation of the Product resulting from the Customer’s actions, the Customer may be held liable. In the event that the Customer exercises their right of withdrawal, the Products must be returned within fourteen (14) days of notification of the withdrawal to the following address: BIRD M. le responsable du SAV – 8, rue Cheverus – 33000 Bordeaux.

Any return made under the conditions of this article shall give rise to the reimbursement of the entire amount paid by the Customer within fourteen (14) days from receipt of the return of the Product by the Millésime Group. If payment was made by bank card via the Website, the reimbursement shall consist of a credit to the account of the bank card used for payment. If the payment was made by bank transfer, the repayment will consist of a credit to the account that made the payment. This repayment date may be postponed until receipt of the product or until the Customer has provided proof of dispatch of the Product.

Guarantees

The Millésime Group is subject to the legal guarantee conditions provided for in Articles L 217-4; L217-5, L 217-12 and L217-16 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code, reproduced in the appendix to these T&Cs. The Millésime Group reimburses or exchanges Products that appear to be defective or that do not correspond to the Customer’s order.

Complaints about the non-compliance of a Product delivered with the Product ordered must be made by signed registered post to the Millésime Group, within 7 days of receipt. After this period, no complaint may be accepted. Complaints must be sent by signed registered post, to the following address: BIRD – M. le Responsable du SAV – 8, rue Cheverus – 33000 Bordeaux.

Any return of non-compliant Products must be the subject of a formal agreement between the Millésime Group and the Customer. The Products must be returned in the condition in which the Customer received them with all their elements (accessories, information, etc.) in adequate packaging that enables transport under good conditions. The return costs will be reimbursed upon presentation of supporting documents. In the event of non-compliance duly noted by the Millésime Group under the conditions provided for above, the Customer:

Has a period of two (2) years from delivery of the Product to act vis-à-vis the Millésime Group

May choose between the repair or replacement of the property, subject to the cost conditions provided for by Article L.217-9 of the French Consumer Code

Is exempt from providing proof of the existence of the non-compliance of the Product during the twenty-four (24) months following delivery of the Product.

Once again, the Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code, and that in this case, they may choose between withdrawing the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal provided for in these T&Cs.

Liability

The Millésime Group may only be held liable in the event of gross, intentional or fraudulent misconduct. In all other cases, the liability of the Millésime Group may not be sought or retained by a Customer. The Products offered comply with the French legislation in force. The liability of the Millésime Group may not be incurred in the event of non-compliance with the legislation of the country where the product is delivered. It is the Customer’s responsibility to check with the local authorities regarding the possibilities of importing or using the Products or Services that they plan to order.

Transfert of ownership – Transfer of risks

The transfer of ownership and risks of the Products and Services shall be carried out after full payment of the price by the Customer; regardless of the delivery date of said Products/Services.

Intellectual Property

All texts, comments, works, illustrations, and images reproduced or represented on the Website are strictly reserved with regards to copyright and intellectual property, worldwide. In this respect and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorised. Any total or partial reproduction or representation of the Website or any element on the Website is strictly prohibited.

The names, trademarks, logos, drawings and models (hereinafter the “Distinctive Signs”) are the exclusive property of the Millésime Group, and as such benefit from legal protection against any unlawful use. The reproduction or representation of all or part of one of the Distinctive Signs is strictly prohibited and must be the subject of prior written authorisation from the Millésime Group.

Any fraudulent use of these Distinctive Signs constitutes an act of infringement likely to incur the liability of its perpetrator on the basis of Articles L 713-2 et seq. of the French Intellectual Property Code, and Community and international texts on this subject. Photographs and editorial content do not fall within the contractual scope and may change. The Millésime Group cannot be held liable for any errors therein. Any reproduction, even partial, is strictly prohibited. The establishment of hypertext links to the site without the express authorisation of the Millésime Group is strictly prohibited.

Data protection

Confidentialitý and Personal Data protection charter of the Millésime Group. Established in accordance with the law n° 78-17 of 6 January 1978 relating to information technology, files and freedoms, modified by the European Regulation 2016/679 of 27 April 2016 relating to the protection of Personal Data which came into force on 25 May 2018. The Millésime Group and its online shop place the protection of personal data at the heart of the Products and Services offered to you.

By using the Site www.millesime-collection.com and its online shop (millesime-maison.com), you accept without reservation the collection and use of your Personal Data in the manner described in this Personal Data Protection Charter.

This Charter sets out the principles and guidelines for the protection of your Personal Data and aims to inform you about: the Personal Data that the Millésime Group collects and the reasons for this collection, the way in which this Personal Data is used, your rights regarding the Personal Data concerning you.

This Charter applies to all Groupe Millésime products and services.

Your Personal Data is kept for the time necessary to achieve the purpose for which it was collected. It will then be archived with restricted access for an additional period of time in accordance with the legal statute of limitations and retention periods for strictly limited purposes permitted by law. It will then be deleted. The Millésime Group undertakes to take all technical and organisational measures to ensure the securitý and confidentialitý of Personal Data and in particular to prevent them from being damaged, deleted or accessed by unauthorised third parties. In the event of a security incident́ affecting your Personal Data (destruction, loss, alteration or disclosure), the Millésime Group undertakes to comply with the obligation to notify Personal Data Breaches, in particular to the CNIL.

La Gestion de vos Données Personnelles

Privacy and personal data protection charter of the Millésime Group. Established pursuant to French Data Protection Act no. 78-17 of 6 January 1978, as amended by European Regulation 2016/679 of 27 April 2016 on the protection of Personal Data, which came into force on 25 May 2018. The Millésime Group and its online store place the protection of personal data at the heart of the Products and Services offered to you.

By using the www.millesime-collection.com Website and its online store (millesime-maison.com), you unreservedly agree to the collection and use of your Personal Data in the manner described in this Personal Data Protection Charter. This Charter sets out the principles and guidelines for the protection of your Personal Data and aims to inform you about:

the Personal Data that the Millesime Group collects and the reasons for this collection, how this Personal Data is used, your rights regarding your Personal Data.

This Charter applies to all the Products and Services of the Millésime Group. Your Personal Data is retained for the time period necessary to achieve the objective for which they were collected. It will then be archived with restricted access for an additional period in connection with the limitations on legal retention periods for reasons that are strictly limited and authorised by law. It will then be deleted. The Millésime Group undertakes to implement all appropriate technical and organisational measures to ensure the security and confidentiality of Personal Data and in particular to prevent it from being damaged, erased or accessed by unauthorised third parties. In the event of a security incident affecting your Personal Data (destruction, loss, alteration or disclosure), the Millésime Group undertakes to comply with the obligation to disclose Personal Data Breaches, in particular to notify the CNIL.

 Managing your Personal Data

In accordance with Law no. 78-17 of 6 January 1978 on data protection, as amended by European Regulation 2016/679 of 27 April 2016 on the protection of Personal Data, you have several rights when it comes to the management your data. You have the option at any time to exercise the rights provided for by the regulations in force that are applicable to personal data held by the Millésime Group, subject to meeting the following conditions:

Right of access: you may be provided with your Personal Data that is subject to Processing by the Millésime Group.

Right to rectification: you may update your Personal Data or have your Personal Data that is processed by the Millésime Group rectified,

Right to object, in particular to receiving commercial communications: you may express your wish to no longer receive commercial communications from the Millésime Group or request that your Personal Data no longer be subject to Processing,

Right to erasure: you may request the deletion of your Personal Data,

Right to restriction of Processing: you may request the suspension of the Processing of your Personal Data,

Right to portability: you may ask the Millésime Group to recover your Personal Data in order to have access to it,

The right to define guidelines relating to the fate of your Personal Data after death: in the absence of instructions from you, after a certain period of inactivity, your Personal Data is deleted. Notwithstanding, your heirs may, after your death, exercise rights over your data,

The right to file a complaint with the CNIL. You may file a complaint if you consider that the Processing of personal data concerning you constitutes a breach of the regulations. For additional information on your rights, and more specifically regarding this last right, visit to the website of the Commission Nationale de l’Informatique et des Libertés (/www.cnil.fr).

Contact to exercise your rights 

 

For any question relating to this Charter or to the exercise of your rights, you may send us, in accordance with the regulations, a request accompanied by valid proof of identity: Either to MILLÉSIME, 109 Rue Achard, 33300 BORDEAUX, indicating your surname, first name, and e-mail address. Or to the following e-mail address: contact@millesime-collection.com, indicating your surname, first name, and e-mail address.

Any request must be accompanied by proof of identity. The Millésime Group undertakes to respond to your requests to exercise your rights as soon as possible, and in any event within the legal deadlines.

Cookies

The user of the Site is informed of the fact that the Site uses trackers or “Cookies” created to be used by the Millésime Group.

For example, each time you connect to the site, Cookies allow us to save the following information: the type and version of the user’s browser, the dates and times of the visit, the history and content of the orders, including in the event of a purchase that is not finalised. Thus, when you log in next time, you no longer need to enter certain information again. Users may object to the use of all or some of these Cookies. In fact, most Internet browsers make it possible to configure the Internet and security options or user preferences in order to refuse or disable Cookies, or to obtain a message that will notify the User when Cookies have been sent.

Cookies that are necessary for the operation of the Site: they allow you to use the main features of the Site (e.g. use of the shopping cart, access to personal and reserved spaces). Without these Cookies, you will not be able to use the Site normally. These are Cookies that only relate to the operation of the Website. If your browser is configured to refuse all Cookies, you will not be able to make purchases or take advantage of essential functions of the Site, such as storing items in your basket or receiving personalised recommendations.

Analytical cookies

These are Cookies that enable the Millésime Group to establish statistics on the volume of visits and the use of the various elements comprising the Website (sections and content visited, user pathways) in order to improve the appeal and usability of its services.

Functional cookies

These are Cookies that allow the Millésime Group to:

(i) adapt the presentation of its Site, spaces and advertising content to the display preferences of your device (language used, display resolution, operating system used, etc.), if applicable based on the localisation data transmitted by your device with your prior agreement, and your personal data;

(ii) personalise your experience on the Site (for example, remind you of the sections you have visited and/or the latest products you have consulted, remembering the items in your basket before continuing your purchases).

Cookies and social media plug-ins (social buttons)

The Millésime Group may include on the Site apps from third parties, which allow you to share the content of the Site with other people or to inform these other people of your visit or your opinion concerning content on the Site. This is specifically the case for “Share” and “Like” buttons from social networks such as Facebook, Twitter, etc.

The social network providing these types of app button may identify you using this button, even if you did not use this button during your consultation of the Site. This type of app button can enable the social network concerned to track your browsing on the Site, simply because your account on the social network concerned is activated on your device (session opened) during your browsing of the Site. If you do not want social networks to publish your plug-in actions on your social network accounts, you must log out of your social networks before visiting the Site. The Millésime Group has no control over the process used by social networks to collect information relating to your browsing on the Site and associated with the personal data that they have.

We invite you to consult the privacy policies of these social networks in order to become aware of the purposes of the use of the browsing information that they can collect through these application buttons, notably advertising. These protection policies should notably enable you to exercise your right to choose with these social networks, specifically by configuring your user accounts for each of these networks.

GLOSSARY

Each term of the Charter beginning with a capital letter is understood ads having the meaning listed below.

“Privacy and Personal Data Protection Charter”: refers to this Charter describing the measures taken regarding the processing, use and management of your Personal Data and your rights as a data subject. “Personal Data”: means any information relating to you that directly or indirectly identifies you.

“Processing”: means any operation or set of operations applied to your Personal Data.

“Personal Data Breach”: means a breach of security leading to the accidental or unlawful destruction, loss, alteration, disclosure or unauthorised access to your Personal Data.

“Recipient”: means the department or company that receives communication(s) and can access your Personal Data.

Force majeure

The Millésime Group shall notify the Customer of the occurrence of a case of force majeure within eight (8) days from the date of occurrence of the event.

The performance by the Millésime Group of its obligations under these T&Cs shall be suspended in the event of the occurrence of a case of force majeure that would hinder or delay their execution. If the hindrance is final, the contract is automatically terminated pursuant to the provisions of Article 1218 of the French Civil Code.

Applicable law – Disputes

All clauses contained in these T&Cs as well as all purchase and sale transactions referred to therein shall be subject to French law. The language of the T&Cs is French. In the event of a dispute, the French courts shall have sole jurisdiction. For any complaint, you can contact BIRD at the contact details mentioned in the introduction to these T&Cs.

In the event of a dispute concerning the validity, interpretation or performance of all or part of these T&Cs and/or the contract agreed on the occasion of an order, and in the absence of an amicable solution with the Millésime Group, the Parties may resort to a mediator who will attempt, independently and impartially, to contact the parties with a view to reaching an amicable solution.

In the absence of an amicable settlement of the dispute, the competent court will be that of the place of domicile of the defendant or, at the choice of the applicant, the place of actual delivery of the product.

Mediation of consumer disputes

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Customer may in any event use conventional mediation, with existing sectoral mediation bodies, or any alternative method of settling disputes in the event of a dispute. The designated mediator is:

SAS Mediation Solution, 222 Chem. de la Bergerie, 01800 Saint-Jean-de-Niost – contat@sasmediasolution-conso.fr https://sasmediationsolution-conso.fr/contact

In accordance with the legislation in force, the Customer is informed of the electronic link to the online dispute settlement platform (“RLL”):
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show & lng=FR.

Appendix 1

In accordance with Article L.217-15 of the French Consumer Code, please find below a literal reproduction of the provisions relating to the guarantee of compliance and hidden defects arising from the French Consumer Code and Articles 1641 and 1648 of the French Civil Code.

Article L217-4 of the French Consumer Code

The seller delivers goods in accordance with the contract and is liable for any non-compliance existing at the time of delivery. It shall also be liable for compliance defects resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility as part of the contract or has been carried out under its responsibility.

Article L217-5 of the French Consumer Code

The goods comply with the contract:

1: If they are appropriate for the use usually expected of similar goods and, where applicable:

– if they correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

– if they present the qualities that a buyer can legitimately expect given the public declarations made by the seller, by the producer or by its representative, in particular through advertising or labelling;

2° Or if they present the characteristics defined by mutual agreement by the parties or specific to any particular use sought by the buyer, that has been brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the French Consumer Code

Action resulting from non-compliance is time-limited to within two years from delivery of the goods.

Article L217-16 of the French Consumer Code

When the buyer asks the seller, during the period of the commercial warranty granted to them at the time of the acquisition or repair of a movable property, for a restoration covered by the warranty, any period of immobilisation of seven days or more is added to the remaining duration of the warranty.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the French Civil Code

The seller is bound by the warranty with regards to hidden defects in the item sold that render it unfit for the purpose for which it is intended, or that so reduce this use that the buyer would not have acquired it, or would only have paid a lower price, if they had known about it.

Article 1648, paragraph 1 of the French Civil Code

The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect.

Appendix 2 Withdrawal form

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of:

BIRD

M. Le Responsable du SAV [The After-Sales Service Manager]

MILLÉSIME – 109 Rue Achard, 33300 BORDEAUX

“I hereby notify you of my wish to exercise my right of withdrawal within the legal period of 14 days, from the contract relating to the sale of the property/service purchased on www.millesime-collection.com or by telephone:

Order dated [order date]

Order number [ ]

Received on [date received by customer ]

Surname and first name*: [to be completed]

My postal address: [to be completed]

My email address*: [to be completed]

Reason: [to be completed]

Date*: [to be completed]

Location*: [to be completed]

Signature*:

*: mandatory fields

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