GENERAL TERMS AND CONDITIONS OF SALE
TABLE OF CONTENTS OF 10/05/2021
1. Scope of application |
8. Legal guarantees |
1. Scope of application
The General Terms and Conditions of Sale (hereinafter 'GTC') apply to all sales concluded between any person of legal age who has the capacity to enter into a contract and is a consumer, living in one of the following countries: Austria, Belgium, Estonia, France, Germany, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain (hereinafter referred to as 'the Customer') and Avril Gau, a simplified joint-stock company with a capital of 100 000 euros registered with the Romans Companies Register under number RCS 449704790 with FR 67 449 704 790 as its intra-community VAT number (hereinafter 'Avril Gau'), via the www.avrilgau.com website (hereinafter, the 'Website').
The GTC apply to the exclusion of all other conditions, including those in effect for in-store sales.
The GTC are made available to the Customer on the Website where they are directly searchable and downloadable to a durable medium by clicking here The Customer is bound by the GTC, and by ticking the relevant box, he or she acknowledges having fully understood and accepted them before placing an order. By checking this box and validating the order, the Customer accepts the GTC in effect on the date of the order.
Any new features added to the Website subsequently will also be subject to these GTC. Avril Gau reserves the right to update, change or replace any part of the GTC by publishing updates and/or changes on the Website. The new GTC will then be applicable to Products orders placed after their modification.
2. Products
The products offered for sale on the Website (hereinafter 'the Products') are described according to their essential features within the meaning of Article L. 111-1 of the French Consumer Code.
Avril Gau aims at offering an optimal browsing experience and pays special attention to the presentation of the Products offered on the Website. Due to the display settings of each computer, the colours of the products displayed in the photos on the Website may differ slightly from the actual colour. Avril Gau cannot be held responsible for any such minimal discrepancies.
The Product descriptions and prices are subject to change without prior notice. These changes will be applicable to subsequent orders.
The Products are intended for personal use only and are not for resale. When placing an order, the Customer guarantees he is purchasing the Products for personal use and not to resell them.
Consequently, Avril Gau reserves the right to limit the sales of Products to any person, geographical region or jurisdiction in the event of orders of Products in too-large quantities.
3. Product ordering terms
The Customer may enter into the contract in the English or French language. To place an order on the Website, the Customer must complete the following steps:
- Product selection : the Customer selects the Products he or she wishes to order and adds it to his cart by selecting his size.
- Check the content of the selection: the Customer checks the contents of the shopping cart while still being able to delete the selected Product(s)
- Acceptance of the GTC and choice of provision (delivery or collection) to access payment processing.
- Identification: the Customer agrees to provide up-to-date, complete and accurate information relating to the order and, where applicable, the customer account. The Customer fills in his or her email address and password to continue with the order using his or her personal account.
- Choice of delivery methods before choosing a delivery method, the Customer is informed of the costs of the various options.
- Choice of payment method:the Customer chooses the method of payment according to the terms defined in Article 5 of the GTC.
- Order verification: the Customer checks the contents of the order, the total price, the delivery and billing address, while retaining the option of changing the billing and delivery address.
- Order confirmation: the Customer confirms the order after checking it by clicking on the 'Order' button. To validate the order, the Customer clicks on the button provided for this purpose.
- Acknowledgement of receipt of the order: upon receipt of the order by Avril Gau, the Customer receives an email confirming receipt of the order.
- Order processing: Avril Gau undertakes to fulfil the order made via the Website as soon as it is validated. If the Product is not available, Avril Gau undertakes to inform the Customer as soon as possible by email or telephone.
- Sending the order: once the order has been processed, the Customer will receive a confirmation of shipment email together with a summary of the order. The order amount will be debited upon confirmation of the order. If a Product is unavailable, Avril Gau will inform the Customer as soon as possible and refund them within a maximum of 14 days after the order has been placed.
Rejection of orders: Avril Gau has the right to limit or reject any order, with due cause, in particular if there is an ongoing dispute with the Customer or an incident relating to the payment of a previous order which contravenes the provisions of the GTC. If applicable, Avril Gau will inform the Customer by telephone or email.
4. Prices
The prices are those shown on the day the order is placed. The prices shown on the Website include all taxes and French VAT.
Avril Gau reserves the right to adjust the prices of the Products at any time, but the Products will be billed based on the rates in effect on the day the order is validated by the Customer.
5. Payment
Avril Gau accepts the following payment methods:
- Credit and debit cards
All credit and debit card transactions are handled by the payment provider Adyen, an online payment portal that securely encrypts credit card information. Adyen is compliant wit PCI/DSS rules.
Payment can be made using the following credit cards: Visa, Mastercard and American Express. Payment can also be made using the following debit cards: Visa Electron and Maestro (if the Customer's card can be used to make online purchases).
The Customer acknowledges that by providing a credit card number, he or she authorises their account to be debited up to the value of the Products ordered with all taxes included. The amount of the order shall be debited at the sending of the order.
The Customer confirms that the credit or debit card that has been used is his or her own, or that express authorisation for its use has been given by the owner. All credit and debit card holders are subject to validation and authorisation checks by the card issuer.
If the card issuer refuses to authorise the payment to Avril Gau, the order will be cancelled. Avril Gau cannot be held responsible for any fees or penalties that may be imposed by the payment provider as part of the payment made for the order.
6. Delivery
Avril Gau delivers to the following countries: Austria, Belgium, Estonia, France, Germany, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain.
Avril Gau offers free delivery for all orders above 100 € including VAT.
Delivery is provided by DPD and Colissimo La Poste.
Orders are prepared and send from the logistics site located in Romans, France, or from Avril Gau point of sales.
Avril Gau will prepare orders during working days and hours, according to the date and time of processing on the Website. Avril Gau undertakes to deliver the Products within three (3) business days of receipt of payment of the price by Avril Gau. These delivery times are subject to the delay in obtaining payment authorisation.
If the Product ordered on the Website is not available at the logistics site at the time of sale, it will be shipped directly from an Avril Gau shop. In this case and if the Customer has ordered several pairs, the order may be delivered in several instalments.
If Avril Gau fails to deliver the order within thirty (30) days of the confirmation of the order, the Customer shall be entitled to rescind the order and Avril Gau will refund the order within 14 days as provided for hereafter.
The Products purchased by the Customer will be delivered to the address provided when the order was placed. Deliveries cannot be made to PO boxes.
The Customer shall bear the consequences (delayed delivery, impossibility of delivery, transport costs, etc) that arise, if any, for wrong and/or incomplete details provided for delivery.
Tracking
When the order has been shipped, the Customer will receive a confirmation of shipment email. The Customer will be able to track the delivery of the order by means of a link to the carrier. If the Customer is absent at the time of delivery, the carrier will leave, if necessary, a notice advising means and timeframe for the withdrawal of the package. The Customer undertakes to follow the delivery instructions to ensure the actual delivery of the order.
In the event of non-delivery of the package due to the Customer (for instance, Customer not reachable, Customer absent at the time of delivery and failing to pick up the package, wrong address), the package will be kept by the carrier for 10 calendar days. At the end of this period, the package may be returned to Avril Gau at the Customer's expense and the Customer may be invoiced for the storage costs. The Customer may choose :
- to have the Products shipped again at his expense:
- or to cancel the order. In this case, Avril Gau will reimburse the Customer for the price of the order corresponding to the package, minus any applicable return and storage costs.
Late delivery
In case of late delivery, the Customer is recommended to inform the Avril Gau customer service team promptly by email: client@avrilgau.com or by telephone: +33 4 75 48 44 19. Avril Gau will contact the delivery service, if necessary, so that an investigation can be carried out.
If the delivery time is exceeded and this is not justified by a case of force majeure as defined by French case law, the Customer may cancel the sale by contacting the Avril Gau customer service team by email: client@avrilgau.com or by telephone: +33 4 75 48 44 19.
Avril Gau will refund the Customer the purchase price within a maximum of fourteen (14) calendar days following the termination of the contract.
Receipt of Products
The Customer is recommended to check the quantity and condition of the Products upon delivery by the carrier. If the package delivered and/or its contents are visibly damaged, or do not correspond to the order, the Customer is recommended to refuse to accept the Products. Avril Gau strongly recommends that the Customer specifies the issue in writing to the carrier (open package, damaged or missing Product(s), etc). Any damage to the package or its contents may be notified to Avril Gau by email: client@avrilgau.com or by telephone: +33 4 75 48 44 19.
To fulfil the requirements of the Customer to the best of its ability, the Avril Gau customer service team will provide the necessary instructions (the Customer may be specifically asked to send photographs of the visible defects) and will arrange for the defective goods to be returned at Avril Gau's expense.
Subject to validation of the non-conformity of the delivered order, Avril Gau will, at the Customer's choice, replace or repair the Product within fourteen (14) days, and under the conditions defined in Article L. 217-9 of the French Consumer Code. If it is impossible to proceed with any of these options, Avril Gau will refund the full amount of the Product under the conditions set out in Article L. 217-10 of the French Consumer Code.
The conditions under which the legal guarantee of conformity can be exercised are also specified in Article 8 of the GTC.
In case of missing Product(s), Avril Gau will resend the missing Products within a period of fourteen (14) days.
7. Right of cancellation and returns policy
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a right of withdrawal which can be exercised without giving a reason and at no cost within thirty (30) working days of the date of receipt of the order by returning one or more of the Products ordered and being reimbursed.
Avril Gau will refund the Customer within fourteen (14) days of the date of receipt of the returned Products, subject to the hereafter terms. The refund is for the amount of the Products including VAT. Refunds will be made using the same payment method as that used by the Customer when purchasing the Products.
Return conditions
The following conditions are mandatory to proceed with client orders returns:
- products must be returned in their original condition, with original undamaged packaging ;
- products must not have been worn ;
- products must be returned within 30 days of receipt.
Postal charges for the return
The shipping charges are on the customer's charge.
Return procedure
Effective as of 7 April 2023, our return policy has been updated. Please carefully review the updated policy before initiating a return. By submitting a return request, you acknowledge that you have read and agree to the updated policy.
1- The shipping charges are unfortunately on the customer's charge.
2- Use a trackable shipping method to ensure that the package is safely returned to us.
3- Make sure to include a copy of the original invoice or a note with your order number inside the package.
4- Returns must be shipped to the following adress : Avril Gau, rue Pierre Curie, 26100 Romans sur Isère – France. For more information, you can contact the us by mail at : client@avrilgau.com or by phone at +33 4 75 48 44 19.
5- Please keep a proof of shipment until the refund is processed.
8. Legal guarantees
In accordance with Articles L. 217-1 et seq. of the French Consumer Code, Avril Gau ensures the conformity of the Products sold on the Website.
When implementing the legal guarantee of conformity, the Customer: - has a period of two (2) years from the delivery of the goods to act; - may choose between the repair or replacement of the Product, provided that this choice does not result in a cost that is clearly disproportionate for Avril Gau under the alternative method, given the value of the Product or the significance of the defect. In this case, Avril Gau will be obliged to proceed, except where not possible, according to the method not chosen by the Customer; - the Customer is exempted from showing proof of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product. This legal guarantee applies regardless of any commercial guarantee provided. The Customer may also choose to invoke the legal guarantee against hidden defects of the Product sold within the meaning of Article 1641 of the French Civil Code. The Customer can then choose between a cancellation of the sale or a reduction in the sales price in accordance with Article 1644 of the French Civil Code. |
The Products sold benefit from legal guarantees as long as use was normal and instructions for care were followed.
This guarantee does not cover damage resulting from misuse of the Product, or normal wear and tear from its use. To benefit from the guarantee, it is recommended to keep the invoice for the purchase of the Product and the delivery slip.
The provisions of the French Consumer Code relating to the exercise of legal guarantees are also included in Appendix 2 of the GTC for information purposes.
To exercise the legal guarantee, the Customer may contact the After-Sales Service by email: Avril Gau Customer Service, client@avrilgau.com or by telephone: +33 4 75 48 44 19.
The Customer may also contact the After-Sales Service for advice on use and maintenance of the Products.
9. Personal data
As part of the use of the Website and the management of orders made via the Website and in relation to its role as a processor of data, Avril Gau collects and processes personal data relating to its customers. The terms of this processing are set out in the privacy policy on the Website.
10. Intellectual property rights
The Avril Gau brand as well as all the brands, illustrations, images and logos appearing on the Products marketed by Avril Gau, whether registered as a trademark or not, are and will remain the exclusive property of Avril Gau. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without express and prior agreement, is strictly prohibited.
The Customer agrees not to reproduce, duplicate, copy, sell, resell or use any part of the Website without the express prior written consent of Avril Gau.
11. Dispute
Governing law - Competent jurisdictions
This contract is concluded in the English language.
The GTC are subject to French law subject to more favourable imperative provisions. Any dispute that may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences will be subject to the jurisdiction of the courts with jurisdiction under the procedural rules.
Mediation
The Customer may refer all disputes relating to an order or these GTC with Avril Gau to a mediator who will attempt, independently and impartially, to bring the parties together to reach an amicable solution.
To submit a request for mediation, a complaint form is available to the Customer on the Mediator's website..
In the event of a cross-border dispute, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase and forward them to the relevant national ombudsmen. This platform can be accessed at the following link: http://ec.europa.eu/consumers/odr/ .
The Customer remains free to decide whether or not to use mediation. In case of recourse to mediation, the parties are free to accept or reject the solution proposed by the mediator.
12. Force majeure
The fulfilment of all or part of its obligations by Avril Gau will be suspended in case of unforeseeable circumstances or force majeure within the meaning of Article 1218 of the French Civil Code which prevents or delays their execution.
Avril Gau will inform the Customer of any such unforeseeable circumstances or force majeure within seven (7) days of their occurrence. If this suspension continues beyond a period of fifteen (15) days, the Customer is entitled to cancel the order in progress and be reimbursed within 10 days of the date of cancellation.
13. Information
The seller is Avril Gau, a simplified joint-stock company, identified under the number 449704790, and having its head office at 4 Rue Pierre Curie, 26100 Romans sur Isère, France.
For any queries relating to the GTC, the Customer may contact Avril Gau's customer service department by email: client@avrilgau.com, or by telephone: +33 4 75 48 44 19 (price of a local call within France).
ANNEX: TEMPLATE OF WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To Avril Gau, 4 rue Pierre Curie - 26100 Romans sur Isère
E-mail address: client@avrilgau.com
Telephone: +33 4 75 48 44 19
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:
Name of the customer(s) :
Address of the customer(s):
Signature of the customer(s) (only if this form is notified on paper) :
Date:
(*) Delete as appropriate.