Article 1. Applications of Conditions
The present General Conditions of Sale apply to sales entered into by, of the one part, any adult private individual residing in Metropolitan France or Corsica, making a purchase using the e-commerce website www.eider.com and, of the other part, the company MILLET MOUNTAIN GROUP SAS.
Accordingly, said conditions apply by right to all orders placed on the website www.eider.com, which is wholly owned by MILLET MOUNTAIN GROUP SAS, and whose Head of Publication is Mr Thomas Stöcklin, Chairman and Chief Executive. MILLET MOUNTAIN GROUP SAS is a simplified-stock company (SAS) with capital of €3,921,068, registered in the Annecy trade and companies register with the number 400 313 318 (EU VAT number: FR38 400313318).
PAE Les Glaisins, 21 rue du Pré Faucon
74 943 Annecy-le-Vieux cédex, France
Customer Service phone number: +33 (0)4 50 10 72 50.
59 rue de l'Abondance
Article 2. Products
The product offerings on the website www.eider.com are governed by the present conditions of sale; they are valid while they remain online, and while stocks last.
The products on sale on the website www.eider.com are described as accurately as possible. The photos, texts and illustrations associated with the products shown are for guidance only and not contractually binding. They may sometimes differ in minor respects from the final product delivered to the customer.
Article 3. Ordering
Anyone who places an order on the website www.eider.com will be deemed to have accepted the present General Conditions of Sale and to have accepted the prices and the products on sale.
A customer wanting to place an order must adhere to the following procedure:
- Select product(s): The customer selects the product(s) they want to order;
- Check the selected item(s): The customer checks the contents of their basket, while retaining the option of deleting the selected items;
- Identification: The customer completes the identification form provided, adding the requested information (compulsory information: surname, first name, email address, password);
- Check the order: The customer checks the contents of their order, the total price, and the shipping and billing addresses, while retaining the possibility to delete a product or amend the shipping and billing addresses. An address is defined by the following fields: street address, zipcode, city, country and telephone number.
- Select a shipping method: delivery by tracked Colissimo, DPD to the address provided by the customer, or delivery to a pickup point.
- Select a payment method: The customer selects their payment method (as set out in article 4).
- Confirm the order: The customer confirms their order by accepting the present General Conditions of Sale, and ticking the corresponding box. The order can only be validated after this box has been ticked;
The customer provides the bank details required for payment and corresponding to the selected payment method. Their account will be debited within six days from the transaction;
- Order receipt acknowledgement: The customer receives an email summarizing their order, namely:
- order number;
- bank transaction number;
- list of products ordered;
- shipping method.
This document is the official proof of the order, so the customer must keep it.
- Order processing: The order is then recorded and processed by MILLET MOUNTAIN GROUP SAS, which checks the availability of the ordered item(s).
MILLET MOUNTAIN GROUP SAS undertakes to honor orders received on its website. MILLET MOUNTAIN GROUP SAS will contact the customer by email as soon as possible in order to notify them if their order is cancelled or refunded.
- Order shipping confirmation: The customer will receive an email confirming that their order has been sent. The contract is deemed to have been concluded on the email transmission date.
Article 4. Prices - Payment and security arrangements – retention of title clause
The prices applied are those in force on the day of ordering. All prices are listed in euros, including VAT but excluding preparation and shipping fees, as set out in article 5 below.
- The shipping costs will be stated in the “basket” at the order-validation stage.
MILLET MOUNTAIN GROUP SAS reserves the right to change its prices at any time, but products are billed per the prices that apply when the customer validates their order.
- By bank (credit/debit) card (Visa, Carte Bleue, Mastercard, Amex, Maestro): in this case, payment is made on Eider website. This means that none of the customer’s banking information passes through the website www.eider.com.
Payment by bank card is therefore fully secure (SSL). The order is recorded and validated once the bank agrees to the payment.
The details of the bank card used are encrypted using the SSL (Secure Socket Layer) protocol and never circulate unencrypted on the network. Payment is made directly to the bank. MILLET MOUNTAIN GROUP SAS in no event has access to these details, and does not hold them on its servers.
Retention of title clause:
The products remain the property of MILLET MOUNTAIN GROUP SAS until the price is fully received by MILLET MOUNTAIN GROUP SAS. However, once the products have been delivered, the risks relating to them are transferred to the customer.
Failure to pay:
MILLET MOUNTAIN GROUP SAS reserves the right to refuse to carry out a delivery or to honor an order from a customer with whom a payment dispute is pending.
To ensure that transactions are secure, and to satisfy the concern of the greatest number of people to prevent mail-order fraud, MILLET MOUNTAIN GROUP SAS conducts checks on orders that have been validated on its e-commerce website www.eider.com. The purpose of these checks is to protect MILLET MOUNTAIN GROUP SAS from improper distance-paying practices. As part of its checking procedures, MILLET MOUNTAIN GROUP SAS may ask the customer to transmit documents required to unblock their order: proof of identity, proof of residence, proof of debit in their name, etc. The purpose of this is to ensure that the customer’s identity and place of residence are genuine.
These requests are made by email, and the customer must send the requested proof by email so that their order can be delivered. If the customer cannot provide proof, or if the documents provided do not allow verification of the ordering party’s identity or that their place of residence is genuine, MILLET MOUNTAIN GROUP SAS may cancel the order to guarantee the security of online transactions.
Article 5. Shipping arrangements
Products purchased on www.eider.com are only delivered within metropolitan France, Corsica, Belgium, the Netherlands Austria, Germany, UK, Ireland, Spain, Italia, Slovenia, Slovakia and Luxembourg. Products are delivered to the delivery address indicated during the ordering process. Stated delivery times are averages, and refer to the time taken to process, prepare and deliver the order.
For deliveries in Metropolitan France and Corsica, preparation and shipping fees are free by Colissimo package service, for delivery to a pickup point or to a EIDER brand shop.
For Colissimo deliveries to Belgium, Luxembourg and the Netherlands, a set fee of €10 (incl. VAT) will be billed in addition to any order with a total (incl. VAT) of less than €150. Delivery by Colissimo is free for orders with a total (incl. VAT) of more than €150.
For DPD deliveries to Austria, Germany, UK, Ireland, Spain, Italia, Slovenia, Slovakia, a set fee of €10 (incl. VAT) will be billed in addition to any order with a total (incl. VAT) of less than €150. Delivery by DPD is free for orders with a total (incl. VAT) of more than €150.
The preparation and shipping fees are stated in the review of the customer’s order, before it is validated. These fees are in addition to the price of the products purchased.
For all products, the order is prepared so that it is shipped from our warehouses within 72 hours (subject to stock availability) of the order confirmation email. The package is then delivered by the carrier (Colissimo, DPD) within 3-4 working days on average.
The average order-to-delivery time is six working days, outside of sales periods; and about 15 working days during sales periods.
This is an average time, which depends on the availability and destination of the ordered product. If this time is exceeded, the order cannot be cancelled, the price paid by the customer cannot be reduced, and no compensation can be paid.
However, under the provisions of article L.121-20-3 of the French Consumer Code, if the order is not delivered within thirty days of the order placement date, the customer may cancel their order without charge, and the debited amount will be refunded to them.
Delivery and claims:
Orders can only be shipped to metropolitan France and Corsica, Austria, Benelux countries, Germany, Ireland, Italy, Slovakia, Slovenia, Spain and the United Kingdom. Packages are shipped via tracked Colissimo, Chronopost or DPD depending on the destination country. Shipping details are shown at the shipping stage in the order process.
Delivery by tracked Colissimo is made to the delivery address provided by the customer during the ordering process, or to a pickup point. If the recipient is absent when the delivery is made, in the case of the carrier making the delivery, the delivery agent will leave a failed-delivery note in the recipient’s letterbox. The recipient must then go to collect the package at the address stated on the note (post office).
If the address provided is incomplete or incorrect, if the package is refused by the recipient, or if a lack of information makes it impossible to deliver the product to the recipient on time, MILLET MOUNTAIN GROUP SAS cannot be held liable for the final quality of said delivery. If said lack of information entails a second attempt at delivery to the recipient, MILLET MOUNTAIN GROUP SAS is entitled to ask the customer to pay the cost of this second delivery.
If the recipient is absent, MILLET MOUNTAIN GROUP SAS cannot be held liable for the final quality of the delivery.
When they receive the order, the customer will check the compliance of the products received in execution of their order. Any delivery anomaly (namely: missing or damaged products, damaged packages) must imperatively be notified within 14 days from receipt of the products to the Customer Service of MILLET MOUNTAIN GROUP SAS: - by letter to the following address:
MILLET MOUNTAIN GROUP SAS, PAE Les Glaisins, 21 rue du Pré Faucon, 74940 Annecy-le-Vieux, France.
- by email to: email@example.com
Any claim made more than 14 days after receipt of the products, unless there are legitimate grounds for it, will be deemed inadmissible, and MILLET MOUNTAIN GROUP SAS cannot be held liable.
MILLET MOUNTAIN GROUP SAS reserves the right to ask the customer to return the non-conforming or damaged product.
Article 6. Right to cancel
Under article L.121-20 et seq of the French Consumer Code, the purchaser has a right to cancel within a period of 14 (fourteen) days clear of the order receipt date, and to return the ordered products without giving a reason.
Subject to compliance with the conditions set out below, MILLET MOUNTAIN GROUP SAS shall refund to the customer the full cost of the returned ordered products, including shipping fees, within 30 (thirty) days from receipt of the products by MILLET MOUNTAIN GROUP SAS.
Prior to any return, the customer must inform the Customer Service of MILLET MOUNTAIN GROUP SAS that they intend to exercise their right to cancel, as follows:
- The customer requests a return number via their account on the website www.eider.com, by contacting the Customer Service via email at firstname.lastname@example.org or by post at the address given in article 11.
- The present right of return can only be accepted for complete products in their original condition, with a copy of the purchase invoice (received by email when order processing was confirmed) with the addition of the return number allocated by email by our Customer Service, and the delivery slip (enclosed with the package on delivery).
If a return concerns only one item in an order and not the full order, return shipping fees are at the customer’s expense, pro rata to the price of the returned product(s), and only the purchased product is refunded. Products that are returned incomplete, damaged or soiled will not be taken back.
Article 7. Dissatisfaction
If the customer is dissatisfied with their purchase, they have a period of 14 (fourteen) days with effect from the date of package receipt at home or of collection to return the item(s) and claim a refund.
The refund procedure must be requested from the Customer Service through the customer’s account on the platform www.eider.com, via email to email@example.com or by post to the address given in article 11 (per the same steps given in article 6 hereabove).
- The refund request will be processed under the same conditions as those set out in article 6 hereabove.
Any item returned incomplete, damaged or without its original packaging and without its label cannot be refunded. If a return is non-conforming or improper, MILLET MOUNTAIN GROUP SAS reserves the right to refuse it.
Article 8. Warranty
Products sold are covered by statutory warranties if they are used normally and instructions for their care are followed.
Article L211-4 of the French Consumer Code: The seller is required to deliver a product which conforms to the contract, and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L211-5 of the French Consumer Code: to conform to the contract, the product must: 1º Be suitable for the purpose usually associated with such a product, and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling; 2º Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
MILLET offers a two-year warranty with all its products, covering defective parts in normal conditions of use. Our warranty does not cover product wear-and-tear. The items sold are covered by statutory warranties. This warranty also covers hidden and apparent defects with effect from the delivery date. The sole obligation of MILLET MOUNTAIN GROUP SAS in respect of this warranty is, as it chooses, to either replace free of charge or to repair the products acknowledged to be defective, with no other service or indemnity. The warranty is invalid if the damage is caused by incorrect use, excessive use, negligence, or is deemed to be a rip or due to wear-and-tear. In these specific cases, MILLET MOUNTAIN GROUP SAS will determine a cost of repair. Once this cost is accepted, the customer’s garment will be repaired as quickly as possible. No product will be replaced without the consent of MILLET MOUNTAIN GROUP SAS.
To enjoy the product warranty, the customer must retain the product invoice and the delivery slip.
For all product returns and After Sales Service, the return procedure must be requested from:
firstname.lastname@example.org or by post to the address given in article 11.
Article 9. Computing and liberties provisions
The customer must provide personal data to allow orders processing and delivery. The order process on the website www.eider.com requires the creation of a customer account, in which information is stored and protected by a password chosen by the customer and known to them alone, so that this information remains strictly confidential. The customer’s data may also be used, subject to their explicit agreement (opt-in system), to strengthen and personalize communications, particularly commercial-information letters and emails, by sending him:
- From MILLET MOUNTAIN GROUP SAS: commercial information and offers from its partners, by email or text message.
- From partners of MILLET MOUNTAIN GROUP SAS: offers, sent by post or email.
The personal data will be processed in strict compliance with the provisions of France’s data protection act of 6 January 1978. Pursuant to this law, the processing of personal data collected on the website www.eider.com gave rise to a declaration to the French data protection authority (CNIL). Under this law, the customer has the right to refuse at any time to receive commercial-prospection documents by email or text message, by making said request by email to email@example.com or by post to the following address: MILLET MOUNTAIN GROUP SAS - Service E-commerce, 21 rue du Pré Faucon - PAE les Glaisins - 74943 Annecy-le-Vieux Cedex, France.
Likewise, the customer has the right at any time to access, amend, rectify and delete data pertaining to them. To exercise this right, the customer can:
- Go to the “my account” section of the website;
- Make said request to our web department, by email to firstname.lastname@example.org or by post to the following address: MILLET MOUNTAIN GROUP SAS - Service E-commerce, 21 rue du Pré Faucon - PAE les Glaisins - 74943 Annecy-le-Vieux Cedex, France.
The purpose of the Criteo Email service is to offer personalized adverts showing products or services based on web users’ recent behavior on its partners’ websites, newsletters and applications. Criteo Email recognizes web users by means of cookies. To learn more about Criteo Email or to disactivate this service, please click here
Some pages of the website www.eider.com may contain web beacons, which count the number of visitors to the website and/or provide MILLET MOUNTAIN GROUP SAS with certain metrics. These web beacons may be used with some of our partners, notably to measure and improve the site’s efficiency. In any event, information obtained via these beacons is strictly anonymous and is used only to gather statistics on visits to certain pages of the site, to better serve the site’s customers.
Article 10. Intellectual property
All documents, textual information, graphics, images, photographs and any other content disseminated on the website www.eider.com are the sole property of MILLET MOUNTAIN GROUP SAS and are for the sole use of MILLET MOUNTAIN GROUP SAS. Accordingly, they cannot be reproduced, exploited or used for any purpose whatsoever.
Article 11. Customer Service and After Sales Service
The customer can contact the Customer Service free of charge by email or phone for any question about their order, its shipping and its tracking:
- by phone: Web Customer Service: +33 (0)4 50 10 72 50
Monday to Friday, 9-12am and 2-5pm (French time).
- by email to: email@example.com
- by post to: MILLET MOUNTAIN GROUP SAS - Service Client Web - 21 rue du Pré Faucon - PAE les Glaisins - 74943 Annecy-le-Vieux Cedex, France.
Article 12. Liabilities – Force majeure
MILLET MOUNTAIN GROUP SAS cannot be held liable for any event, inconvenience or harm inherent to using the Internet network, and particularly in the event of service failure, external intrusion, or presence of computer viruses.
In addition, MILLET MOUNTAIN GROUP SAS cannot be held liable for the non-performance of the concluded contract in the event of fortuitous situations, force majeure, disruption, a partial or total strike by the postal services and means of transport and/or communications, flooding or fire. MILLET MOUNTAIN GROUP SAS cannot be held liable for any indirect harm resulting from the present terms and conditions or from any loss of operation, loss of profit, harm or expense that may arise.
Article 13. Applicable law – Disputes
MILLET MOUNTAIN GROUP SAS is incorporated under French law. The law applicable to our contractual relations is French law. Should a dispute arise, the French courts will have sole competence.