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General Terms of Sale
TERMS AND CONDITIONS OF SALE AUBADE PARIS S.A.S.
These are the terms and conditions of AUBADE PARIS S.A.S. ( our , we or us ) of 10, Rue du Colonel Driant 75001 Paris, France relating to the supply of the products ( Products ) listed on our website www.aubade.co.uk ( our website ). For your own benefit and protection please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. If you do not understand any point, please ask Customer Services for further information before you place an order. Customer Services can be contacted through the form on the bottom right of each page of the site, or at 10, Rue du Colonel Driant 75001 Paris, France.
Please tick the box marked I Accept when confirming your order if you agree to be legally bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website. If you do not wish to be bound by these terms and conditions then you may not use our site. You should print a copy of these terms and conditions for future reference. The Products are of an adult nature and you must be 18 years or above to place an order. Placing of the order is confirmation that you are over 18 years old. All Products must be signed for by an adult aged 18 years or older on delivery.
- 1. INFORMATION ABOUT US
The site is operated by AUBADE PARIS S.A.S. a Société par actions simplifiée (simplified joint stock company) incorporated in France, with share capital of 15,754,230.00 Euros, whose registered office is at 10, rue du Colonel Driant 75001 Paris, France, registered at the Trade and Companies Registry of Paris with number 775 695 901, with intra community VAT number: FR 775 695 901.
Customer Services can be contacted by e-mail through the form in the bottom right of each page.
The director of publication of the site is Reiner PICHLER.
The hosting provider’s site is: STOCKHO HOSTING SARL, with registered offices at 22, Rue Palestro 75002 PARIS whose phone number is: 01 75 77 45 74
- 2. SERVICE AVAILABILITY
Our website is only intended for use by people who want to buy products that will be delivered in the United-Kingdom (except the Channel Islands). You assume total responsibility and risk for your use of our website and use of all information contained within it.
- 3. YOUR STATUS
By placing an order through our website, you warrant that:
You are legally capable of entering into binding contracts;
You are at least eighteen (18) years old;
You are resident in the United-Kingdom.
You are accessing our website from the United-Kingdom.
- 4. CREATING A CUSTOMER ACCOUNT
If you are a new customer you must complete the required fields to create your customer account, which is a necessary prerequisite for placing an order. You must accurately complete the form made available to you, in which you will set out, in particular, the information necessary to identify you, such as forename, surname, billing address, shipping address and e-mail address. You must choose a username and password of your choice (that is personal and confidential) that will allow you to access your customer account. You acknowledge and agree that the use of your username and password constitutes identification of you.
If you already hold a customer account enter your e-mail address and password after clicking on my account.
The provision by you of your personal data within the context of creating your customer account is necessary for the registration and processing of your orders and for establishing the related invoicing. The collection and processing of this personal data by us is carried out in strict compliance with the Data Protection Act 1998.
We will retain the concluded contract between you and us for ten (10) years, and provide you with access to it at your request.
- 5. BUYING PRODUCTS ON OUR SITE
To order Products you will need to follow the ordering procedure set out here.
Selection of Products
When ordering from our website, you select the Products by adding them to your shopping cart, clicking on the Add to cart button;
At any time during the checkout process on our website, you may:
- (a) Check the number of products contained in the basket and get detailed information on each of them by clicking on My Cart icon;
- (b) Continue your selection of products by clicking on the Continue Shopping button;
- (c) Complete the order by clicking the Finish Shopping button;
By clicking on the Finish Shopping button, you access the contents of your basket and its total cost and can correct any errors (type and quantity of Products ordered) in this step then confirm your order by clicking on the Place order button.
You can access the next steps to register the billing address, delivery address. and choose the payment method.
After choosing your payment method and complete it with all requested information, you should read and understand the Terms and Conditions of Sale and confirm your acceptance by ticking the box I accept the General Terms of Sale then Submit payment.
Payment for the Order
By clicking on the Submit payment button will result in immediate payment of the total purchase price.
You will pay the amount of the price under the terms of payment set out in clause 10 below.
You may not order more than nine (9) of any one Product (having the same product reference code) at any one time.
- 6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us with a summary of your order. Please note that neither this e-mail, nor your payment of the purchase price, means that your order has been accepted. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us, and such acceptance will be confirmed and a contract between us will come into existence only when and to the extent that you receive an e-mail from the dispatch service stated in clause 8.7 with a tracking number indicating that a Product or Products you ordered have been dispatched (the Dispatch Confirmation ). The Dispatch Confirmation constitutes acceptance of your offer for all Products which you have ordered except any Products in respect of which you have received an email notifying you of non-availability under clause 8.1, and the contract will relate to all Products in which respect of which your offer has been accepted.
- 7. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract, following the procedure set out in clause 7.2 below, at any time within thirty (30) days, beginning on the day after you received the Products. If you cancel, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 12 below).
To cancel a Contract, you must inform us by logging into your customer account and fill the return request, in the same condition in which you received them, at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If there is a hygiene seal on the Product, it must not be removed.
Products may not be returned if they are dirty, damaged, spoiled, missing any labels or tags, or if any hygiene seal have been removed. Your right to cancel will be lost in such a situation.
If you fail to comply with your legal obligation to take reasonable care of the Products whilst they are in your possession, we may have a right of action against you for compensation.
Purchases made on our E-shop cannot be returned or exchanged within our network of Aubade shops.
Returns must be made exclusively online and all items returned must be declared online via the Customer's account.
Return costs are the customer's responsibility.
- 8. AVAILABILITY AND DELIVERY
The Products are subject to availability. Where a Product is not available, we undertake to notify you as soon as possible and in any event within thirty (30) days of receipt of the order and to offer you (i) either a new delivery date for the Product concerned or (ii) a replacement Product of an equivalent quality and price. Assuming that this amount has already been paid, we will reimburse the customer by crediting your bank account within fourteen (14) days from payment of the Products that have become unavailable.
We take every care to ensure that the description and specification of our products are correct at the time of publication. However, while the photographs and images of the Products are a close representation, we cannot accept any responsibility for any variation caused by the browser software or computer system used by you. To the extent permitted by applicable law, we disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.
Products can only be delivered to the United-Kingdom (except the Channel Islands) at the delivery address that you stated when ordering the Products.
Subject always to the provisions of clause 6, Products are delivered within an average of between 2 (two) to 6 (six) days from the date we send you the Dispatch Confirmation, depending on the geographic area and mode of transport chosen by us. The delivery time may be extended during periods of sales or promotions. Delivery days are calculated in working days i.e. excluding weekends and public holidays. Orders confirmed by you on Friday afternoon, Saturday or Sunday are processed and, where appropriate, confirmed by us on the next business day.
Any delay in delivery will not give rise to any right to damages or deduction of any kind whatsoever, or a right to cancel a current order (this does not affect your Consumer Rights under clause 7 above), where this delay arises either due to your acts, a fact that is unforeseeable and insurmountable, due to a third party to the contract or in the event of force majeure as defined in clause 18 below.
For orders in excess of £99, delivery is free. For any delivery to one of our Aubade stores selection, delivery is also free, regardless of the value of the order.
For orders of less than £99, we will charge you for delivery except if the order is delivered to an Aubade store in which case delivery is free.
The orders are delivered by United Parcel Service (UPS).
Once the carrier picks up your package, you will receive a shipment confirmation via e-mail and or SMS along with a tracking number that you can use to track your package and its delivery status.
For delivery to an Aubade store, you will receive an e-mail as soon as the package arrives at your selected store.
All of this information can also be accessed directly from your customer account.
If the recipient is not at home, the carrier will leave a notice in the mailbox or send an e-mail notification to the address entered by the customer when account is created. This notice will list the address and opening hours of the UPS branch where the package was sent.
If no instructions are provided within seven (7) days after the package becomes available at the branch, the package will be returned to sender.
In the event of an extended delay in receiving your order, you must report this delay to us within thirty (30) days to Customer Service by e-mail at firstname.lastname@example.org. An investigation may be initiated by us.
It is your responsibility to check the condition of the Products upon receipt.
- 9. RISK AND TITLE
The Products will be at your risk from the time you take delivery of the Products.
Ownership of the Products will only pass to you on delivery.
- 10. PRICE AND PAYMENT
The prices of Products featured on the Website are given in Euros inclusive of all taxes, excluding delivery costs, on the basis of the retail prices applied on the day of the order. The retail prices of Products featured on the website usually correspond to the Recommended Retail Prices AUBADE gives its distributors in the United Kingdom. When a Product promotion or sales are on, AUBADE indicates a reference price (or struck-through price) next to the Product retail price that usually corresponds to the Recommended Retail Price AUBADE gives its distributors in the United Kingdom. In both cases, the wording “Aubade Recommended Retail Price in month/year” is shown near the retail price..
These prices include VAT but exclude delivery charges, on the basis of the rates prevailing on the date of the order.
The delivery charges are calculated automatically according to weight and volume, including shipping and packaging. The amount of the delivery charges is stated in the order summary and on the invoice.
Prices are liable to change at any time, but changes will not affect Products which have been dispatched to you.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
Payment for all Products must be by credit or debit card approved by us or by PayPal. Payment is made through a secure electronic payment service provided by a banking institution. The bank data entered by you (card number, security code and expiry date of the card) when paying by credit or debit card are immediately encrypted and are not subject to any transmission to us.
The amount charged to your credit or debit card or charged by PayPal will be equal to the total price of the Products shipped to your delivery address together with, where applicable, the delivery charges.
You warrant to us that you have the authorizations to make a payment by credit or debit card or by PayPal. As part of the fight against fraud on the Internet, the information relating to all orders can be transferred to any third party for verification.
- 11 OUR LIABILITY
We warrant to you that:
we have the right to sell the Products to you;
any service we provide to you will be provided with reasonable care and skill;
the Product will correspond with the description we have given to you;
the Product will be of satisfactory quality; and
the Product will be fit for any particular purpose that you have notified before the purchase and we have not informed you that the Product is not fit for that purpose. Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 11.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.4 or any other claims for direct financial loss that are not excluded by any of categories 11.5.1 to 11.5.6 inclusive of this clause 11.5.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our site will be free from infection, viruses and or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We take all reasonable care to make our site as secure as possible. We will take all reasonable care to keep the details of your order and payment secure and in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our site.
You are solely responsible for maintaining the confidentiality of your password and account username. You must notify us immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.
Nothing in this clause affects your statutory rights, including without limitation our liability:
for death or personal injury caused by our negligence;
under section 2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 12. OUR REFUNDS POLICY
When you return a Product to us because you have cancelled the Contract between you and us within the thirty-day (30) cancellation period (see clause 7 above), we will process the refund due to you as soon as possible, in any case within fourteen (14) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- (a) the Product delivered is not what you ordered (including any substitute Products), or does not correspond with its description;
- (b) the Product delivered is not of a satisfactory quality; or
- (c) The Product is not fit for the particular purpose for which you have bought it and you notified us of this purpose before purchase, and we had not informed you that the Product is not fit for purpose
If the returned Product is determined to be what you ordered, corresponds with its description, is of satisfactory quality, or is fit for the purpose which you notified to us we shall return the Product to you and charge you for the delivery.
If the returned Product is determined to fall within clauses 12.2. (a) to (c), we will refund the cost of the Product or exchange it. We will usually process a refund due to you or an exchange as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you that you were entitled to the refund or the exchange. We will refund any cost incurred by you in returning the defective Product to us. In the case of a refund we will also refund the delivery charges for sending the item to you, and in the case of an exchange we will not charge you for the cost of sending the new Product to you.
Item must be returned in its original packaging, with its label and any accessories, in perfect saleable condition. It must be unworn, unwashed, and free of stains.
If a free item or other gift was offered or sent with the Product that the customer has returned, this must be returned to AUBADE at the same time, otherwise the refund request cannot be treated.
Log in to your customer account and select the order that includes the merchandise you wish to return.
If you received the order within the past thirty (30) days, you will be able to make your return by selecting the Return tab.
If you received the order more than thirty (30) days ago, the return window has closed and the Return tab will no longer appear, which means that you can no longer return your merchandise.
When submitting the return request, you will receive a confirmation e-mail showing the details of the return.
Print the e-mail and include it in your package. We cannot handle your return without receiving this document.
You are responsible for the cost of return shipping, except in the case of defective items or a delivery error on our part.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Merchandise must be returned to the address below, in preference via registered mail:
Centre logistique AUBADE Paris
Service Retours E-Boutique
23, Avenue du Général de Gaulle
F-86310 Saint-Savin sur Gartempe, France
The Product must be returned by the Customer within 14 days of receiving the e-mail validating the request for return, in perfect condition for resale, in their original and full packaging, labelled, new, unworn, unwashed and unstained.
Return delivery fees are payable by the Customer, unless we are responsible for error.
This deadline shall be deemed to have been observed if you return the item before the fourteen-day period expires.
You can track the status of your returned item by clicking the "my returns" tab in your customer account.
If you have any complaints, you should direct them to us via e-mail at email@example.com or by post to :
Customer Service E-Boutique
10 Rue du Colonel Driant
- 13. INFORMATION YOU PROVIDE TO US
All information provided by you will be treated securely and strictly in accordance with French law and regulations, including in particular the Law of 6 January 1978 called Information Technology and Civil Liberties.
The following applies to any information you provide to us, for example during any registration or ordering process:
You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our site by us, our partners, successors (including the purchaser of the whole of part of our business), associates, sub-contractors, companies that are members of the CALIDA Group or other third parties (together our Partner Companies ).
If you obtain or choose to buy Products through our site then we may collect information about your buying behavior and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph shall be known as the Purposes ). All such information collected by us shall be referred to in these terms and conditions as Personal Information.
You must ensure that the Personal Information you provide is accurate and complete and that all order or registration details (where applicable) contain your correct name, address and other requested details.
By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should write to AUBADE Customer Service E-Boutique, 10 rue du Colonel Driant,75001 Paris, France. If you exercise your right to delete or object, to all or part of the website you may not be able to access our website.
You are advised that we carry out automated processing of Personal Information, particularly upon connection to the website, upon use of the website, creation of your Customer Account and in connection with the execution of Orders.
The information marked with an asterisk and requested in the forms represented on our site is mandatory and necessary for making the Order on the site. Failure to respond within a required field will result in our inability to process your Orders.
The automatic processing of your personal data is intended for the management of access to our site and the execution of our obligations under contracts of sale entered between you and us.
“Cookies” are implanted in your computer upon connection to our website. A cookie does not identify you. However, it records information concerning navigation of the computer on our site (pages visited, date and time of visit, etc.) that can be read during subsequent visits in order to facilitate the ergonomics of the visit or adapt the web pages visited to your “profile”. The shelf life of such information in the computer is five (5) years. It is possible to oppose the registration of cookies by configuring the navigation software in accordance with their documentation.
You warrant to undertake that you will not use our website for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory, or obscene material. If you breach these Terms and Conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
- 14. COPYRIGHT AND MONITORING
The contents of our site are protected by international copyright laws and other intellectual property rights. All product and company names and logos mentioned on our site are the trademarks, services marks, or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us and using our site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website, including but not limited to text, graphics, videos, messages, code and or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- 15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 16. NOTICES
All notices given by you to us must be given to AUBADE PARIS at 10, rue du Colonel Driant, 75001 Paris, France or by email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- 17. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and permitted assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, as it is personal to you, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- 18. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 19. WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
- 20. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 21. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ( Representation ) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
- 22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or we notify you of a change to those policies or these terms and conditions before we send you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- 23. LAW AND JURISDICTION
Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- 23.2 ONLINE DISPUTE RESOLUTION
Since 15 February 2016 the EU Commission has rolled out a platform for out-of-court mediation. This platform offers users the possibility to attempt to settle their disputes regarding online orders without needing to go to court. The platform can be accessed at http://ec.europa.eu/consumers/odr/.
- 24. REPLACEMENT
These terms and conditions replace all other terms and conditions previously applicable to the use of our site and or the sale of the Products.
- 25. YOUR STATUTORY RIGHTS
Your statutory rights are not affected by these terms and conditions.