General Terms and Conditions
Scope and Conclusion
- These General Terms and Conditions (GTC) are applicable for the purchase of all products by a Customer (the “Customer”) from Milola Sàrl, Chemin des Chables 12, 1807 Blonay, Switzerland (“Milola”) via the website (“Website”), in person or by email.
- Milola reserves the right to amend the GTC at any time. The GTC applicable to a specific order shall be the GTC in force as at the date of the Customer's order. These GTC prevail over any other general or special conditions not specifically approved by Milola.
- The contract for the purchase of the Milola’s articles is concluded upon payment. Payment signifies customers’ recognition of the GTC. When purchasing or ordering Milola’s items using the online shop or in writing, the Customer enters into a legally binding contract by agreeing to these GTC and confirming their order.
- In the event of purchase upon invoice the contract for the purchase of Milola’s articles is concluded upon the order submission, regardless of rendering the payment. By submitting the order the customer has also declared his recognition of the GTC’s.
Ordering and Closing of Sale
- Unless otherwise agreed, all orders must be paid for in full at the time of order.
- If an instalment plan is agreed payments must be made on time as agreed. Milola reserves the right to charge 5% penalties for late payment. No deliveries will be made until the order has been paid for in full.
- Following an order, the Customer will receive an email confirming their purchase order details and the delivery address.
Characteristic of Goods
- Product specifications and photos are set in accordance with the supplier and are for information purposes only. The photographs on the website and in other advertising by Milola are as accurate as possible but an exact similarity in terms of size, colour, structure and finish with the product cannot be guaranteed.
Prices and Payment
- Prices stated are in Swiss Francs, including VAT. Prices include shipping costs within Switzerland, but do not include the cost of assembly. An assembly and/or recycling of old, dismantled furniture service is offered on request at an additional price.
- Prices may be amended at any time without notice, it being understood that the price stated on the website as at the date of the Customer's order will be the relevant price for the Customer's order. Prices listed outside the website (social media, catalogues and other supports) are therefore not contractual and may be subject to change at any time.
- Milola reserves the right not to deliver the goods where the indicated price on the website is found to be incorrect. However, in this case Milola will inform the Customer about the price difference as soon as possible – not later than 3 days from the submission of the order - and will offer the Customer the options to pay the price differential or a receive full refund.
- Milola offers the customers the following payment methods for purchase of articles: credit card, bank transfer, Paypal. Please note that the delivery address and billing address must be the same for the purchase on account payment method. Should this not be the case, the Customer must indicate this and inform Milola prior to the delivery of the ordered items.
Shipping and Delivery
- The geographic coverage of Milola’s shipping and delivery services consist of Switzerland.
- The goods are offered within the limit of available product stock. Milola will inform the Customer as soon as possible after the submission of the order of any availability problems in obtaining stock.
- Milola will put all its efforts into a delivery within the agreed time period and will inform the Customer of any possible delays. It is however agreed and understood that Milola will not be held liable in any respect nor offer any compensation for such delays.
- Please note that parcels weighing up to 31.5kg and girth up to maximum of 361cm will be delivered by the local parcel services (e.g. DHL, Fed-ex or DPD). The other delivery terms and conditions (articles 16,17 and 18) apply for those parcels over this size and weight.
- The Customer will be contacted in advance by the Transporter to agree a delivery date and time. It is the Customer’s responsibility to ensure they are available for delivery on the agreed date and time. If the Customer – or another recipient - is not available at the agreed time and has not appointed another recipient so the Transporter is unable to make the delivery as initially agreed, the Customer will cover the additional delivery costs and interim storage charge.
- The Customer shall acknowledge receipt of the delivery by signing the delivery slip provided by the transport supplier. The delivered product shall be checked by the Customer to ensure that the delivery corresponds with the delivery slip. In case of discrepancy between the submitted order and the delivered products, the Customer will inform the Transporter and notify Milola immediately.
- If, upon delivery, if the package is in bad conditions or show deterioration, the Customer (or the recipient of the goods) will open the package in the presence of the Transporter to verify the good condition of the goods and will indicate on the delivery slip under ‘reservations’ details of any damage. If the Customer (or the recipient of the goods) notices that the goods have been damaged during the shipping, the Customer has the right to refuse the delivery of the damaged goods and indicate " refused / damaged" on the delivery slip. The Customer shall however, provide a proof of such product damages or failures to Milola, i.e. by sending pictures of the damaged goods and/or packages and inform Milola immediately at the time the delivery is being made by the Transporter.
- If however, the Customer notices any product damage after delivery, it must immediately inform Milola via email (firstname.lastname@example.org) no later than 3 days after the delivery. Milola will not be held responsible for such notices of damage or failure after 3 days and therefore recommends that the Customer thoroughly checks the delivery and inspect the products within the given time window.
- Unless otherwise agreed, the delivery will be made to the room of choice specified by the Customer, provided that reasonable access is possible. If ancillary means (e.g. furniture lifts, lifts) are necessary, the Customer must inform Milola in advance and shall cover any additional costs that maybe incurred as a result of such additional services. If an assembly service has been agreed, it will be only carried out if reasonable access is possible.
Order Cancellations and Returns
- The Customer has the right to cancel their order at any time before receiving the items or within 14 days of delivery. If the order has already been dispatched from Milola’s warehouse or has been delivered, the Customer is responsible for the cost of returning the item(s). Items must be returned in a new and unused condition in their original packaging within 14 days of registering a return by the method specified in article 26.
- Made to Order items are made specifically for the Customer and therefore are excluded from the return and refund policy specified under article 22. Returns and/or repair can only be made in the case of a manufacturing defect. Made to Order Items are indicated on the website product pages.
- Products in Sale are excluded from article 22 and cannot be returned, exchanged nor reimbursed.
- All order cancellations, damage notices or refund requests must be done in writing to Milola’s Customer Services in email at email@example.com the time windows specified in article 21.
- To return an item within the scope of article 21 the Customer must contact Milola’s Customer Services in advance by email at firstname.lastname@example.org indication of the order number, the concerned product and reason for return. Except as a result of a manufacturing defect, the customer will be responsible for the cost of the return to Milola’s warehouse. Milola has the right to refuse a return if customer services has not been contacted in advance or the specified time period for returns has lapsed.
- Refunds will be made within 5 working days following the receipt of the goods at Milola’s warehouse. The refund will be made in Swiss Francs using the same payment method the Customer used when placing the order.
Customer Services / Complaints
- Queries and complaints relating to Milola’s articles and their delivery and assembly are to be submitted to our customer service at email@example.com. The Customer will receive response or feedback within 48 hours.
Except where otherwise stated in writing, Milola grants a warranty of two (2) years from the date of delivery for manufacturing defects. Damages due to use, aging or improper use are excluded from the warranty, as are light bulbs. If the product is found to have a manufacturing defect, we will offer a refund, repair or equivalent replacement.
- The storage and processing of Customer data is governed by the latest version of Milola's data privacy & protection policy, which is available at www.milola.ch
Applicable law and place of jurisdiction
- These GTC are governed by the laws of Switzerland, regardless of international material law. Exclusive place of jurisdiction shall be Blonay, Switzerland.
- Any dispute arising out of or in connection with this GTC between Milola and the Customer will be subject to arbitration – in accordance with the Swiss Rules of Arbitration in force as of the date of submission of the dispute for arbitration - with final and binding effect.
- This GTC - together with any amendments and any additional agreements the Customer may enter into with Milola in connection with the services, constitute the entire agreement between the Customer and Milola concerning the products and Services. If any provision of this GTC is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this GTC, which will remain in full force and effect.
- No waiver of any term of this GTC will be deemed a further or continuing waiver of such term or any other term. Milola’s failure to assert any right or provision under this GTC will not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This GTC was updated on 3 September 2020