The following terms and conditions of sale shall apply to any sale of product or service made by:
Audrey SAVELON SARL, 3 Boulevard du general de Gaulle, 05000 GAP, FRANCE (herein after called theCOMPANY orthe SELLER),a company registered in the Trades and Companies Register of Lille Métropole under numbers804417012 and SIRET 80441701200015, represented by managing director Mrs Audrey SAVELON who is duly authorized for the purposes herein,
Any private individual or legal entity (herein after called theBUYER or theCLIENT).
The COMPANY sellsmade-in-France wood furniture itemson its website: http://www.audreysavelon.com.
The products and services offered by the COMPANY are intended for use by the BUYER exclusively, within the limitations of his or her personal use, and in no case related with his or her professional activity.
Upon placing his or her order on the SELLER’s website, the BUYER declares having full legal capacity to perform his or her purchase. The BUYER also acknowledges being aware that placing his or her order implies that he or she accepts thesegeneral terms and conditions of sale without restriction and reservation, and without requiring said acceptation to be materialised by his or herhandwritten signature.
In accordance with the legal provisions, the confirmation of the purchase order – such as described in article 3 below, stands as an electronic signature that holds the same value as a handwritten signature between both PARTIES.
These general terms and conditions of sale determine the rights and obligations of the PARTIES concerning the online sale of the products and services offered by the COMPANY, and they shall be applicable to any order placed by the CLIENT through the COMPANY’s website.
The SELLER reserves the right to amend these general terms and conditions of sale at any time by publishing a new version on its website.
Article 2: Products – availability and presentation
Should a product become permanently unavailable after confirmation of the CLIENT’s order, the SELLER shall inform the BUYER of said unavailability by email. The CLIENT’s payment shall be refunded immediately, and the rest of the order shall retain its firm and definitive nature.
Should the delivery of a product be delayed by more than sixty (60) days, the SELLER shall inform the BUYER of it by email and offer a new delivery time. The CLIENT shall then have the choice between accepting the new delivery time, or cancelling the concerned order and receiving an immediate refund for the payment of the concerned product.
The products offered for sale on the SELLER’s website are compliant with the legislation and regulations currently in force in France. The COMPANY shall not be held responsible for any product that is not compliant with the legislation of the shipping country, which is the BUYER’s responsibility to check.
Article 3: Pricing
The prices of the productsoffered for sale on the SELLER’s website are expressed in Euros, both excluding and including all taxes. Shipping and packing costs are not included and shall thus be billed in addition to the purchased products. The CLIENT shall be made aware of said shipping and packing costs prior to the final confirmation of his or her order.
Regarding products shipped outside the European Union and/or the DOM-TOM French overseas territories, prices are calculated and billed exclusive of taxes. The SELLER shall not be held responsible for customs duties, other local taxes, import duties or state taxes that might be applicable. The BUYER is, however, fully responsible for calculating and paying said customs, taxes or duties to the relevant local authorities.
Article 4: Online order placement and confirmation
In order to place an order on the SELLER’s website, the CLIENT shall follow a series of steps that are specific to each product offered by the SELLER, and provide any detail that is required to process the order.
The CLIENT is responsible for keeping and protecting his or her username and password. The CLIENT acknowledges that using his or her username and password serves as proof of his or her identity, and that his or her sole responsibility shall be entailed regarding the use ofhis or her username and password on the SELLER’s website.
The CLIENT shall pay by debit/credit card, Paypal, bank transfer or cheque.
After payment confirmation, the BUYER shall receive a purchase summary on the email address he or she provided during the ordering process.
The SELLER reserves the right to refuse or delay any outstanding order in case of dispute with the BUYER, and in case of non-payment or partial payment of a previous order.
Article 5: Signature and proof
In all cases, the final confirmation of the order and the BUYER’s providing of his or herdebit/credit card number online shall serve as proof of the completeness of said order.
Digital records of the operations the CLIENT performs on the SELLER’s website shall be stored in the digital systems of the COMPANY and its partners, in order to ensure traceability of the relationship between the COMPANY and the CLIENT. Those digital records shall serve as proof of the transactions, orders and payments that took place between both parties.
Article 6: Retention of title clause
All products shall remain the property of the SELLER until their full payment.
In case of non-payment or partial payment from the BUYER, or in case of payment refusal by the BUYER’s bank institution, the COMPANY shall have the right to regain property of the sold products. Besides, any deposit paid by the BUYER shall be withheld by the COMPANY asa flat rate compensation, without prejudice to any other course of action the SELLER may be entitled to bring against the BUYER.
Article 7:Terms of delivery
Upon signing the delivery note of the carrier, the BUYER agrees without reservation to accept the delivered products and to fully waive any right of recourse against the carrier and/or the SELLER.
In order to be admissible and entitled to compensation, the BUYER’s reservations must be written on the delivery note of the carrier, and brought to the SELLER’s knowledge by filling in the contact form on website www.audreysavelon.comand mailing it within 8 days of delivery to Audrey SAVELON:3, Boulevard du Général de Gaulle, 05000 GAP, FRANCE.
The SELLER’s responsibility shall consist in replacing and/or repairing the product in question. In this regard, the SELLER reserves the right to ask for the defective product to be returned by the BUYER.
Following an expert assessment of the returned product, the SELLER alone shall decide of the most appropriate means that are required to deliver a product that is consistent with the CLIENT’s order.
Article 8: Right of withdrawal
The CLIENT shall be allowed a period of fourteen (14) clear days upon receipt of the products to exercise his or her right of withdrawal, without having to provide any justification and without any penalty fee.
Should the CLIENT request a refund or replacement of the returned product, only the initial shipping fees to the CLIENT shall be refunded, while the return fees shall remain the CLIENT’s responsibility.
All products must be returned in full and in perfection condition, in their original packaging, and with the carefully completed return form.
Refunds shall be issued within thirty (30) days after the SELLER receives the returned products.
Replacements shall only occur after the CLIENT’s returned products have been received by the SELLER.
Article 9:Terms of payment
The CLIENT may pay by debit/credit card, secure online payment system PAYPAL, bank transfer or cheque.
Cards issued by banks that are not domiciled in France must be international debit/credit cards (MasterCard or Visa).
Secure online payment by debit/credit card is performed through our payment service provider.
Upon communicating his or her payment details, the CLIENT authorises the SELLER to charge his or her card of the stated price. The CLIENT also confirms being the legal holder of the card used for payment, and being legally entitled to using said card.
In case of cheque payment, the CLIENT’s cheque must be issued by a bank that is domiciled in metropolitan France or Monaco. The BUYER shall make his or her cheque payable to Audrey Savelon SARL and mail it to the following address:
Audrey Savelon SARL
3, Boulevard du Général de Gaulle,
Article 10: Warranty
In accordance with the law, the SELLER warrants that the sold product is compliant with the description provided on its website. The sold product is also warranted by the SELLER against all potential latent defects.
Under the terms of its warranty, the SELLER shall refund, exchange or replace any product that is defective and/or not compliant with the BUYER’s order.
The CLIENT shall have a period of two (2) years after receiving the product to file a claim with the SELLER.
Should the claim concern a potential latent defect, and under the reservations and conditions outlined hereinafter, the CLIENT shall be entitled to make a warranty claim against said latent defect, within the meaning of article 1641 of the French Civil Code. In this case, the client shall have the choice between the rescission of the sale or an appropriate price reduction, under the provisions of article 1644 of the French Civil Code.
Implementation by the SELLER of the warranty against latent defects is subjected to a prior confirmationby the SELLER of the latent defect claimed by the CLIENT.
The SELLER reserves the right to request the product in question to be returned for an expert assessment. Following confirmation of the latent defect, the warranty shall be implemented in accordance with the terms and conditions set forth hereinabove.
Article 11: Force Majeure
The execution of the SELLER’s obligations under these general terms and conditions of sale shall be suspended in the event of Force Majeure. Force Majeure shall mean any event including but not limited to: strike of the transport companies or means of communication, fire in the storage facilities or in our suppliers’ premises, natural disasters, etc.
In the event of Force Majeure, the COMPANY shall inform the CLIENT within five (5) business days of the actual occurrence or possibility of such an event.
Minors do not have the capacity to enter into a contract. Parents and legal guardians must be informed of any data collected from minors.
In accordance with French act no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, the processing of the personal data collected on the website has been declared to the CNIL (National Commission For Information Technology And Civil Liberties) under reference number 1974041 v0.
Article 13: Intellectual property
The brands, domain names, products, software, images, videos, text or more generally speaking any information covered by intellectual property rights are and shall remain the exclusive property of the COMPANY.
The logo and its variations are an INPI (French national patent and industrial property office) registered trademark. Each of the COMPANY’s creations, models and designs have been registered at the INPI and FIDEALIS (digital-proof service-provider dedicated to intellectual property protection) and their illegal reproduction would be considered as an infringement.
Article 14:Applicable law
These general terms and conditions of sale, as well as any concerned purchase or sale operation shall be subjected to French law.
Should a dispute arise from this contractual relationship, the PARTIES agree to seek for an amicable solution prior to taking any legal action.