These General Terms and Conditions of Sale exclusively govern the retail sales activity of Box "Box4Guest", accessible to any person (hereinafter referred to as "the Box4Guest Retail Sales Service").
For the purposes hereof, it is agreed that the persons who have placed a retail order for Boxes shall then be referred to as
These services are available on the website "box4guest.com" (hereinafter referred to as "the Site"). These General Terms and Conditions of Sale are systematically accessible on this Site by Customers at the time the order is placed.
Governed by Article L. 441-6 of the French Commercial Code and in accordance with Article L. 111-1 of the French Consumer Code, these General Terms and Conditions of Sale determine the rights and obligations of MILAEL COMPANY SA and the Customers (together "the Parties", individually "the Party") to the various contracts offered on the Site.
By validating his order on the Site, the Customer declares that he has read, understood and accepted without reservation the terms of the said order as well as all the present General Terms and Conditions of Sale.
These General Terms and Conditions of Sale are applicable in their terms on the day of the order according to their wording on the Site. However, they may be subject to change.
ARTICLE 1 - COMPANY PRESENTATION
The Site box4guest.com is published by MILAEL COMPANY S.A. with a capital of 50 000 euros - NIF: 515106020 - Registered office: rua de Santo Antonio, n°2A 8000-283 Faro, Portugal.
To contact MILAEL COMPANY S.A., you can send an e-mail to the following address: email@example.com, write to the following postal address : Box4Guest Office, Calçada do Cascao 8, 4DTO, 1100-122 Lisboa, Portugal.
ARTICLE 2 - LEGAL CAPACITY
Customers declare that they are of full age and fully capable of contracting.
ARTICLE 3 - GEOGRAPHICAL AREA
Currently the first Box4Guest are only intended for the Portuguese territory.
ARTICLE 4 - ACCESS TO THE SERVICE
The Site's services are normally accessible to Customers 7 days a week, 24 hours a day, all year round, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure needs. As MILAEL COMPANY S.A. is, in fact, bound by an obligation of means by its activity, it cannot be held liable for any damage of any kind resulting from the unavailability of the Site.
ARTICLE 5 - RETAIL TERMS AND CONDITIONS OF SALE OF BOX4GUEST
The products are offered within the limits of available stocks.
In the event of unavailability of one of the products, the product will be replaced by a product of the same category. Our suppliers are mostly craftsmen or small companies, so we work with several Portuguese suppliers.
ARTICLE 6 - NEWSLETTER SUBSCRIPTION
By accepting these General Terms and Conditions of Sale when placing an order on the Site, the Customer authorizes MILAEL COMPANY S.A. to send him/her emails to the address he/she has provided during his/her subscription or order.
Unsubscribing to the newsletter is possible at any time via the "my account" area.
ARTICLE 7 - DEACTIVATION OF CUSTOMER ACCOUNT
In the event of non-compliance with the obligations arising from the acceptance of these General Terms and Conditions of Sale, incidents of payment of the price of an order, delivery of incorrect information at the creation of the account or acts likely to harm the interests of MILAEL COMPANY S.A., the Company reserves the right to suspend access to the services offered on the Site or, depending on the gravity of the acts, to terminate the Member's account without compensation being claimed.
The company also reserves the right to refuse to contract with a Client who has been excluded or sanctioned for such acts.
ARTICLE 8 - RATES AND PAYMENT
8.1 GENERAL TERMS OF PAYMENT FOR ALL SERVICES ON THE SITE
Payment for services will be made by credit card (Blue, Visa, Mastercard). The payments made will be secured by an encryption procedure of the data in order to avoid the interception of this information by a third party.
MILAEL COMPANY S.A. cannot be held liable in the event of fraudulent use of the payment methods used.
In accordance with the regulations in force, the Members' bank details are not kept by MILAEL COMPANY S.A.
8.2 SELLING PRICES AND SHIPPING FOR THE RETAIL SALE OF SPECIAL BOXES.
The prices of the products offered are indicated in euros. They take into account the VAT applicable on the day of the order. The prices indicated do not include delivery costs and are specified to the Customer at the time of the final validation of his order.
The customer will receive an e-mail confirming payment once the order has been confirmed.
ARTICLE 9 - EVIDENCE
The Client acknowledges the validity and probative value of the electronic exchanges and records kept by MILAEL COMPANY S.A. and admits that these elements receive the same probative value as a handwritten document signed in accordance with Law n° 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signature.
ARTICLE 10: DELIVERY
10.1 DELIVERY - BOXING SERVICE
The boxing service only covers the geographical area determined in the "Geographical Area" Article, i. e. Portugal.
The first Lisboa Box range is available in Lisbon and its region.
Currently there are two delivery options:
delivery to a HOST PARTNERS (see Host partners section)
delivery in a RELAY POINT
10.2 DELIVERY TERMS AND CONDITIONS
The Boxes will be delivered to Customers before their arrival day in Lisbon according to the information provided in the "My Account" information form completed by the Customer at the time of registration. In the event of a change of address or Relay Point, it is the Customer's responsibility to notify the Customer at least ten days before the beginning of the month concerned by changing his contact details on the "My Account" information form.
In the event that the customer does not pick up his package at the selected relay point, MILAEL COMPANY S.A. will send a notification to the customer. Following this notification if the customer does not recover his Box4Guest, under no circumstances will MILAEL COMPANY S.A. ensure the refund, regardless of the reason for not presenting at the relay point.
10.3 MEANS OF DELIVERY
The delivery method is chosen by the customer at the time of ordering.
After payment, the modification of the place of delivery is possible up to 15 days before the arrival date by contacting us by email at firstname.lastname@example.org
POINT RELAIS / PICK-UP BOX4GUEST
This delivery method allows you to be delivered to one of our partner Pick-Ups. Near your rental, a tourist or cultural point that you have planned to visit, often open for lunch, later in the evening... You have the time during your stay to pick up your order, on presentation of an identity document in force. However, we strongly advise you to pick up your Box4guest as soon as you arrive in order to take full advantage of the essential benefits and products.
The PICK-UP map is regularly updated and we are working to ensure that a PICK-UP is quickly available in your neighbourhood. The PICK-UP has many advantages: we choose our PICK-UPs according to the business or neighbourhood so that your trip is part of the trip, the cost of delivery of a PICK-UP is cheap, it is the most ecological way of delivery, you will discover a shopkeeper, a friendly café, a small shop where you will be welcomed with a smile, you choose your time. Be sure to check the opening hours available on the PICK-UP card before you travel. MILAEL COMPANY S.A. is in no way responsible for any inconvenience related to the disposal of the package in your PICK-UP. However in case of problem please send us an urgent email to email@example.com, we will answer as soon as possible so that your Box4Guest can be delivered to you.
In the absence of your Box4guest in the PICK-UP and only if you have the payment confirmation email, MILAEL COMPANY recommends that Customers contact customer service. If necessary, MILAEL COMPANY undertakes to reship the order at its own expense for the duration of the stay or to refund the Customer in full. The amount of the order and the additional delivery costs will be deemed to have been acquired by MILAEL COMPANY SA.
Host Partners" are Hotels, Guesthouses, short-stay rental agencies, independent owners concerned about their clients' experience.
When you order your Box4Guest, we contact your Host Partner and organize the delivery so that as soon as you arrive you will have the pleasure of enjoying our selection of experiences and products 100% Portuguese.
Box4Guest is responsible for the product until it is delivered to the Host Partner.
ARTICLE 11 - REFUND
Any reservations about the box and/or the order and its content must be notified within three days of receipt of the box. If the box is defective and/or the order is proven, the Customer may obtain a new box and/or order within the limits of available stocks for the duration of his stay.
The absence or defect of a product contained in the box and/or the order will result in the exchange of the same product according to available stocks or another product.
The absence of receipt of a box and/or the order shall not give rise to any further compensation. In any case, the liability of MILAEL COMPANY is limited by the value of the order.
To obtain the refund under these conditions, the Customer must notify his choice to be refunded within fourteen (14) days.
The Client has the possibility of contacting a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
question, and may result in the closure of the account concerned.
ARTICLE 12 - FORCE MAJEURE
MILAEL COMPANY SA cannot be considered as engaging its responsibility for total or partial contractual non-performance due to an event of force majeure, beyond our control.
ARTICLE 13 - PRODUCT CONFORMITY
The information on the Website relating to the products is that provided by manufacturers and suppliers. MILAEL COMPANY SA could therefore under no circumstances be held liable for the consequences that may result from the knowledge or use of this information.
ARTICLE 14 - USE OF EXPERIENCE REDUCTIONS
Every day we complete our list of partners to give you many discounts on local activities. To program your experience, you must go directly to the site concerned via the link or the address of their website or the QR code.
Currently we have no remuneration linked to these discounts, we are only an intermediary allowing you to benefit from a local selection, it is not an advertising partnership but only good plans and discounts that we share with travellers.
We are in no way responsible for the customer experience related to the activities. We encourage you to read the general terms and conditions of sale related to discounts (validity, availability, opening, limited space etc.) on each partner site.
ARTICLE 15 - INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited.
ARTICLE 16 - RIGHT OF WITHDRAWAL
In accordance with the applicable texts of the Consumer Code in force and in the context of distance selling, the Customer has a withdrawal period of fourteen (14) clear days from the date of delivery of the order. The notification of withdrawal must be made by email to firstname.lastname@example.org or by post to BOX4GUEST OFFICE Calçada do Cascao 8, 4DTO, 1100-122 Lisboa, Portugal
The fourteen (14) day period is also applicable in the event of withdrawal following receipt of the order. This period runs from the receipt of the order. The goods must be returned in their original packaging and packaging. The return costs will be borne by the Customer.
Any incomplete, damaged or damaged product and/or packaging will not be taken back, exchanged or refunded. The return of the complete box is imperative.
If necessary, MILAEL COMPANY SA will reimburse the Customer who has notified within the deadline the exercise of his right of withdrawal within a maximum period of fourteen (14) days from the receipt of the notification of withdrawal. The Client's account will be credited with the amount debited.
ARTICLE 17 - INFORMATION AND FREEDOMS
The information requested from the Customer in the questionnaire at the time of registration is necessary for the proper processing of his order and may be communicated to the contractual supplier partners of the Site involved in the execution of this order.
MILAEL COMPANY SA reserves the right to use the customer's mobile phone number for the management of his order.
In accordance with the applicable law in force, the Client has the right to object, the right of access and the right to rectify data concerning him/her. The Customer may require that information concerning him that is erroneous, outdated or incomplete or whose collection, use or disclosure is prohibited be modified, completed, clarified or deleted. To exercise this right, the Customer simply needs to write to us on our "CONTACT" web page.
The Customer may register free of charge on the list opposing Bloctel telephone solicitation at the following address: www.bloctel.gouv.fr.
We reserve the right to use the statistics provided by the information forms that Subscribers have completed in order to optimize our service and that of our partners.
ARTICLE 18 - LIABILITY
Information that allows the Customer to identify himself, such as the username and password, is personal and confidential. This information may only be modified at the Client's initiative or by box4guest.com, in particular in the event of the password being forgotten.
The Customer is solely responsible for the use of his identification elements, he is required to keep them secret. Any disclosure on its part can in no way be blamed on Box4guest.com
Any order placed using the Customer's identifier and password is deemed to have been placed by the Customer. Box4guest.com shall in no event be held liable for any damage caused by the disclosure of such personal and confidential data by the Subscriber and therefore for the use of such data by a third party.
ARTICLE 19 - SAFEGUARD CLAUSE
If one or more provisions of these general terms and conditions of sale are declared invalid pursuant to a law or regulation or a final court decision, the other provisions shall remain in force and applicable.
ARTICLE 20 - TRANSFER OF RIGHTS AND OBLIGATIONS
In the event of total or partial transfer of the activity of MILAEL COMPANY S.A., the contracts between the Client and MILAEL COMPANY S.A. and/or successors and assigns shall remain binding between the parties. Contracts concluded by MILAEL COMPANY S.A. may not be assigned by the Client without the prior written consent of MILAEL COMPANY S.A.
The contracts, rights and obligations of MILAEL COMPANY S.A. may in any event be assigned or transferred without the prior agreement of the Client.
ARTICLE 21 - ADVERTISING ON THE SITE
The Company MILAEL COMPANY S.A. may freely insert advertising on its Site, and has complete freedom of choice as to the layout of these advertisements, advertisers and the viewing of these advertisements.
ARTICLE 22 - LEGAL GUARANTEES OF CONFORMITY
All products sold by MILAEL COMPANY S.A. are subject to the legal guarantee of conformity, in accordance with articles L.217-4 and following of the Consumer Code:
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
The property is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.
Lack of conformity which becomes apparent within 24 months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials supplied by him.
In the event of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor.
The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer.
These same provisions do not prevent the award of damages.
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.
The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognised by law.
The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
ARTICLE 23 - GUARANTEES AGAINST LATENT DEFECTS
All products sold by MILAEL COMPANY S.A. are subject to the guarantee against hidden defects, in accordance with articles 1641 et seq. of the Civil Code:
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it or would only have given a lower price if he had known them.
The seller is not liable for any apparent defects that the buyer may have convinced himself of.
He is liable for hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
In the case of articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned to him or of keeping the thing and having part of the price returned to him as it will be arbitrated by experts.
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
If the seller is unaware of the defects of the thing, he will only be required to return the price and reimburse the buyer for the costs incurred by the sale.
If the thing that had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous articles.
But the loss that occurs as a result of a fortuitous event will be for the buyer's account.
Art. 1648, first paragraph.
The action resulting from redhibitory defects must be brought by the purchaser, within a short period of time, according to the nature of the redhibitory defects and the use of the place where the sale was made.
ARTICLE 24 - MODIFICATIONS OF THE GENERAL TERMS AND CONDITIONS OF SALE
MILAEL COMPANY S.A. reserves the right to modify these General Terms and Conditions of Sale in any case.
If the new General Terms and Conditions of Sale do not suit a Customer, the latter should terminate his subscription by registered letter with acknowledgement of receipt before the entry into force of the new provisions in accordance with the procedures provided for in the "right of withdrawal" Article of these General Terms and Conditions of Sale.
The refusal of the new General Terms and Conditions of Sale must be explicit, without explicit expression of will before the entry into force of the new provisions, the Client will be deemed to have accepted the modifications.
ARTICLE 25 - APPLICABLE LAW
These General Terms and Conditions of Sale are subject to French law applicable regardless of the country of residence of the Customer and the place of conclusion of the contract. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.