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General Terms of Sale
With a view to meeting its customers’ expectations better than ever, the company AUBADE PARIS (hereafter known as “AUBADE”) wished to put in place, in parallel to the network of stores that it operates and the multi-brand retail network, a website offering a selection of its products for sale via distance selling and e-commerce.
The company AUBADE PARIS is delighted to welcome you to its e-commerce website, which can be accessed at the address www.aubade.eu (hereinafter known as the “Website”) offering lingerie and swimwear products (hereinafter collectively designated as the “Products”) for sale to any individual user (hereinafter known as the “Customer”).
For the purposes of these terms and conditions, it is agreed that the Customer and AUBADE will be collectively known as the “Parties” and individually known as a “Party”.
- 1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
By placing any Product order on the Website, the Customer implies their full acceptance of these Terms and Conditions of Sale and acknowledges that they have read, understood and approved of all of the terms and conditions.
Unless otherwise stated, these Terms and Conditions of Sale shall take precedence over any other clause or stipulation mentioned in the orders, correspondence or any other document exchanged between AUBADE and the Customer.
AUBADE may be required to change or amend these Terms and Conditions of Sale. The Customer will immediately be made aware of these changes by an update to the Website. Orders placed prior to a change in the Terms and Conditions of Sale will remain subject to the version of the terms and conditions in effect on the day of the order.
AUBADE undertakes to retain all successive versions of the Terms and Conditions of Sale. AUBADE nonetheless encourages its Customers to keep a copy of said terms and conditions in paper or electronic format.
- 2. LEGAL NOTICES
- 2.1 Website Publisher
The Website is administered by: AUBADE PARIS, a simplified joint stock company, with a capital of 15,754,230.00 euros, having its head office at 10 rue du Colonel Driant 75001 Paris, France, registered with the Paris Trade and Companies Register under number 775 695 901, with the following European VAT number: FR00775695901
In accordance with the distance selling regime, the company AUBADE PARIS may ask the French administration for the place of VAT taxation for its distance sales to be located in the Member State of arrival of the goods.
Distance sales made, bound for the Member State for which the option has been exercised, are therefore no longer taxable in France, but are subject to VAT in the destination Member State.
Should the annual turnover threshold set by the Member State be exceeded, VAT taxation at the rate applicable in the Member State where the buyer is based becomes compulsory.
- 2.2 Customer services
- AUBADE PARIS customer services may be contacted:
- - using the form in the “Contact us” section of the Website
- - by telephone: +33 22.214.171.124.00
- 2.3 Publication director
The Website’s publication director is: Reiner Pichler
- 2.4 Hosting provider
The Website’s hosting provider is: ECRITEL SARL, having its head office at 84, rue Villeneuve 92110 Clichy, and whose telephone number is: +33 1 40 61 20 00.
- 2.1 Website Publisher
- 3. PURPOSE
The purpose of these Terms and Conditions of Sale is to define the conditions under which AUBADE offers Products for Sale to Customers on the Website.
- 4. OFFERS AND PRODUCTS
The offers presented on the Website are designed for natural persons of full age with the capacity to enter into a contract, residing in one of the Member States of the European Union mentioned in paragraph 4.2.
The validity of the offers is limited to the territories of Austria (AT), Cyprus (CY), Spain (ES), Estonia (EE), Finland (FI), Greece (GR), Ireland (IE), Italy (IT), Lithuania (LT), Luxembourg (LU), Latvia (LV), Malta (MT), The Netherlands (NL), Portugal (PT), Slovakia (SK) and Slovenia (SI), while the Products are available online.
The offers are understood to apply while stocks last. Should a Product be unavailable, AUBADE undertakes to notify the Customer within a timeframe of forty-eight (48) hours (not including promotional periods, during which this timeframe may be extended by several days) on receipt of the order and to offer them (i) either a new delivery date for the Product in question, (ii) or a replacement Product that is equivalent in terms of quality and price. Should the Customer refuse these options, the order for the unavailable Products will be cancelled and AUBADE undertakes not to charge the Customer the sum for the Products in question. Should this sum have already been paid, AUBADE undertakes to refund the Customer, by the same payment means as used during the payment, within a maximum timeframe of fourteen (14) days after payment has been received for the unavailable Products.
The photographs and images representing or illustrating the Products on the Website are not contractually binding.
- 5. CREATING A CUSTOMER ACCOUNT AND CUSTOMER IDENTIFICATION
All new Customers must complete the mandatory fields displayed to create their Customer Account. The Customer must accurately complete the form provided, in which they will notably enter the information required for their identification, including their surname, first name, billing address, delivery address and email address. The Customer shall choose a username and password of their choice (which are personal and confidential), which will allow them to be identified in order to access their Customer Account, a necessary prior step to placing an order. The Customer acknowledges and agrees that using their username and password constitutes Customer authentication.
When logging in, any Customer who already has a Customer Account must identify themselves after clicking “My account” by entering their email address and password.
The Customer is required to provide personal data when creating their Customer Account to allow their orders to be registered, processed and billed. AUBADE collects and processes this personal data in strict compliance with the French Data Protection Act of 6 January 1978, and in strict compliance with the provisions of the relevant European directives and regulations.
- 6. PLACING ORDERS
- 6.1 Selecting Products
When placing an order on the Website, the Customer selects their products by adding them to their shopping basket by clicking the “Add to basket” button.
- At any time during the order process on the Website, the Customer can:
- - check the number of Products contained in their basket and obtain detailed information about each of them by clicking the “Basket” icon;
- - continue their selection of Products by clicking the “Continue shopping” button;
- - complete their order by clicking the “Order” button.
- 6.2 Reviewing the Order
By clicking the “Review order” button, the Customer can view a summary of their order, allowing them to check the details of their order and the total price and correct any errors.
On this page, the Customer can change the information entered, in particular the Customer billing address, delivery address, the details of their order (type and number of Products ordered).
After reviewing their order summary, and once all of the information required has been completed by the Customer, the latter reads and understands the Terms and Conditions of Sale in effect and confirms their acceptance by ticking the box provided to this end.
They can then move on to the following step. At the end of this first step, a summary page corresponding to the purchase order appears on the screen.
- 6.3 Confirming the Order
After reviewing the summary purchase order, the Customer clicks the “Order” button to indicate their acceptance and confirm their order.
By express agreement between the Parties, the electronic information recorded by AUBADE during the identification of a Customer and placing of an Order, in particular the technical data recorded when the Customer clicks the “Order” button, constitutes proof of the contract concluded between AUBADE and the Customer, and in particular proof that the Customer accepts the offer, the Order, including its price, and these Terms and Conditions of Sale.
Once the Order has been confirmed by the Customer, the sales Contract thus formed between AUBADE and the Customer shall be deemed to be complete, subject to acceptance by AUBADE, which reserves the right to refuse any Order in the following cases including, but not limited to: - in the event of a dispute arising with the Customer on the day of the Order; - in the event of total or partial non-payment of a previous order by the Customer or a payment incident during a previous order placed by the Customer; - in the event of a refusal by the bank to authorise a card payment for the Order in question.
- 6.4 Paying for the Order
When the Customer confirms the Order by clicking the “Order” button, the price of the Order is immediately payable.
The Customer shall pay this sum according to the payment methods set out in article 7 below.
- 6.5 Order acknowledgement of receipt and invoice
Once AUBADE has accepted the Order and the payment made by the Customer has been confirmed, AUBADE sends the Customer an acknowledgement of receipt for their order summarising the key elements by email to the address provided by the Customer.
- 6.6 Archiving the electronic sales Contract
In accordance with French law and the provisions of the relevant European directives and regulations, AUBADE undertakes to retain all of the contractual elements regarding each Order for a period of ten (10) years and guarantees the Customer access to all of this information.
- 6.1 Selecting Products
- 7. PRICES AND PAYMENT METHODS
- 7.1 Prices
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 Austria (AT), Cyprus (CY), Spain (ES), Estonia (EE), Finland (FI), Greece (GR), Ireland (IE), Italy (IT), Lithuania (LT), Luxembourg (LU), Latvia (LT), Malta (MT), The Netherlands (NL), Portugal (PT), Slovakia (SK) and Slovenia (SI).
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 Austria (AT), Cyprus (CY), Spain (ES), Estonia (EE), Finland (FI), Greece (GR), Ireland (IE), Italy (IT), Lithuania (LT), Luxembourg (LU), Latvia (LT), Malta (MT), The Netherlands (NL), Portugal (PT), Slovakia (SK) and Slovenia (SI). In both cases, the wording “Aubade Recommended Retail Price in month/year” is shown near the retail price..
By default, French VAT will be applied to the order, without the user being able to claim any credit whatsoever in view of their geographical location in the Euro zone.
As stated in paragraph 2.1 above and in accordance with the distance selling regime, the company AUBADE PARIS may, however, ask the French administration for the place of VAT taxation for its distance sales to be located in the Member State of arrival of the goods, irrespective of whether the annual sum of the distance sales made by the company AUBADE PARIS bound for the Member State where the buyer based exceeds or does not exceed the threshold set by the Member State.
In this case, distance sales made, bound for the Member State for which the option has been exercised, are therefore no longer taxable in France, but are subject to VAT in the destination Member State.
The VAT applicable is the rate in effect on the date when the order was placed, subject to the applicable fiscal legislation.
AUBADE reserves the right to change its prices at any time, but the items will be billed on the basis of the prices in effect when the order was registered.
- 7.2 Delivery costs
The sum of the delivery costs is indicated on the order summary and the invoice.
- 7.3 Payment methods
Payment is made via a secure electronic payment service provided by a bank. The banking information entered by the Customer (card number, security code and card expiry date) during the card payment is immediately encrypted and never forwarded to AUBADE.
The Customer guarantees AUBADE that they are authorised to make a card payment. In the fight against Internet fraud, information regarding any orders may be forwarded to any third party for verification.
The sum debited from the Customer’s card will correspond to the total price of the Products shipped to the Customer’s delivery address, as well as a set charge for postage and packaging where required.
- 7.1 Prices
- 8. RETENTION OF TITLE
The products ordered by the Customer remain the exclusive property of AUBADE until the Customer has paid the full price.
- 9. DELIVERY
Products may only be delivered to Austria (AT), Cyprus (CY), Spain (ES), Estonia (EE), Finland (FI), Greece (GR), Ireland (IE), Italy (IT), Lithuania (LT), Luxembourg (LU), Latvia (LV), Malta (MT), The Netherlands (NL), Portugal (PT), Slovakia (SK) and Slovenia (SI), to the delivery address that the Customer provided during the order process.
Products are delivered within an average timeframe of five (5) days (excluding weekends, public holidays and sales periods), from the date on which the Order is confirmed by AUBADE, depending on the geographical area and the means of transport chosen by AUBADE. This timeframe may be extended during sales or promotional periods. All of the stated timeframes are calculated in working days, i.e. not including weekends and public holidays. Orders confirmed by the Customer on Friday afternoons, Saturdays or Sundays will be processed and, as necessary, confirmed by AUBADE on the next working day.
To track their order delivery, the Customer receives an email from the carrier sent to the email address provided when creating their account on the www.aubade.eu website.
A delivery timeframe being exceeded shall not give rise to any damages and interest or deductions of any kind whatsoever, or to the cancellation of pending orders if this exceedance is due to the Customer’s actions or the unforeseeable and insurmountable actions of a third party to the contract, or an instance of Force Majeure as defined by article 13.2 below.
In accordance with the provisions of article L.114-1 of the French Consumer Code, for orders above 500.00 euros, the Customer may cancel their order by registered letter with acknowledgement of receipt sent to AUBADE if the delivery date stated is exceeded by seven (7) days for reasons other than Force Majeure.
Orders are delivered by UPS or another carrier of AUBADE’s choice.
Postage and packaging are free of charge for all orders over €99. Postage and packaging are also free of charge for any deliveries to an Aubade store, regardless of the order amount.
For all orders under €99, postage and packaging are borne by the Customer, except if the delivery is made to an Aubade store.
Once the parcel has been handed to UPS, the Customer receives the parcel tracking number from the carrier by email or SMS.
For delivery to an AUBADE store, the Customer receives an email when the parcel arrives at the chosen store.
All of this information can also be accessed directly from the Customer’s account.
If the recipient is not at home, the carrier will leave a notice in the letter box or send an email notification to the address provided by the Customer when they created their account. This notice will mention the address and the opening times of the UPS branch where the parcel is waiting.
If no instructions are given within seven (7) days after the parcel has been provided for collection, it will be returned to the sender.
In the event of a prolonged delay, the buyer must inform AUBADE Customer Services of this delay within a timeframe of thirty (30) days maximum by clicking here. AUBADE may launch an enquiry.
- 10. INSPECTING THE PRODUCTS — CLAIMS AGAINST THE CARRIER
It is the Customer’s responsibility to inspect the Products on receipt.
If the delivered Product is damaged, the Customer is recommended to specifically state any reservations on the delivery slip, excluding any reservations of principle such as “subject to unpacking”.
The Customer is then responsible for informing the carrier by registered letter with acknowledgement of receipt of their reservations at the latest within three (3) working days following receipt of the Product. If no claim is made within this timeframe, no claim against the carrier shall be admissible.
The Customer shall send AUBADE a copy of the letter sent to the carrier, stating the references found on the delivery slip by clicking here.
- 11 PRODUCT COMPLIANCE
It is the Customer’s responsibility to check the Products’ compliance on receipt.
The Customer shall inform AUBADE of any non-compliance by clicking here, within a timeframe of thirty (30) days from the date of receipt of the Products. AUBADE will then ask the Customer to return the non-compliant products for exchange or refund, as the Customer wishes.
Unless there is due cause, any claim made after the abovementioned timeframe has expired will be inadmissible and AUBADE may not in any way be held liable for the compliance of the Products delivered to the Customer.
On receipt, AUBADE will check the non-compliance of the returned Product.
If the returned product complies with the order, AUBADE shall return it to the Customer at the latter’s expense.
Should AUBADE confirm the Product’s non-compliance, AUBADE will either exchange the Product or refund the purchase price and the delivery costs, according to the Customer’s wishes. Should it be impossible to exchange the Product, the order will be cancelled and the Customer refunded the Product price, including the delivery costs.
In the event of a Product being returned and resent due to proven non-compliance, AUBADE shall bear the return and dispatch costs.
The preceding provisions do not deny the Customer the right to institute proceedings for latent defects as laid down in articles 1641 to 1649 of the French Civil Code or any other contractual or non-contractual proceedings under French law.
- 12. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from a contract, entitling him to return any product purchased, without penalty and without giving any reason, and request a refund, regardless of whether or not he has an account. To find out about the returns process, please visit: Returns The withdrawal period will expire thirty (30) calendar days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the product. If your order covers several products and if these products are delivered separately, the withdrawal period expires thirty (30) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last product.
The Product must be returned by the Customer within a timeframe of fourteen (14) days from the return declaration sent to AUBADE in perfect condition for resale, in its original packaging, complete, labelled, new, unworn, unwashed, and unstained.
If a free item or other gift was offered or sent with the Product that the Customer is returning, this must be returned to AUBADE at the same time, otherwise the refund request may not be processed.
Purchases made in our e-store cannot be returned or exchanged in our AUBADE store network.
Purchases made in our e-store cannot be exchanged online. Should the Customer be unhappy with their choice, they may return the product and place a new order, at their own expense, for a more suitable style, size, colour or collection.
Refunds may only be made online and the Customer must first complete a return declaration online in their Customer account.
If this order was received less than thirty (30) days beforehand, the Customer may return the Product by selecting the “RETURN” tab.
If the order was received over thirty (30) days beforehand, the return period has therefore expired and the “RETURN” tab no longer appears. The Customer may therefore no longer return the Product.
Once the return request has been confirmed online, the Customer receives a confirmation email that they must include with the merchandise being returned.
The Product return must be sent to the following address, preferably by registered post or parcel:
Service Retours E-Boutique
23, Avenue du Général de Gaulle
86310 SAINT-SAVIN - FRANCE
Subject to compliance with the conditions of exercising the right to withdrawal as set out in this article, AUBADE will refund the Customer the total sum for the products returned, within fourteen (14) days of receipt of the Products by AUBADE, excluding the return shipping costs for the Products, which remain at the Customer’s expense.
- 13. PERSONAL DATA PROTECTION
- 13.1 Personal data processing by AUBADE
AUBADE expressly undertakes to collect and process personal data concerning its Customers in compliance with the provisions of the French laws and European regulations in effect.
AUBADE ensures that Customers are fully informed of how AUBADE collects and processes their personal data.
In particular, AUBADE ensures that it will obtain, if necessary, Customers’ express consent before forwarding their personal data for the purpose of receiving offers from AUBADE’s selected partners.
Customers are informed that AUBADE automatically processes Customers’ personal data, especially when they log into the Website, use the Website, create their Customer Account and place Orders.
Information marked with an asterisk and requested on the forms that appear on the Website is compulsory and required in order to place an Order on the Website. Failing to complete a compulsory field shall make it impossible for AUBADE to process the Customer’s Orders.
The purpose of automated processing of Customers’ personal data is to manage access to the Website and fulfil AUBADE’s obligations regarding sales contracts concluded between AUBADE and Customers.
AUBADE and member companies of the CALIDA group with which AUBADE has a business relationship receive the personal data collected by AUBADE when Customers use the Website.
Customers have the right to access, modify, rectify and delete their personal data. Customers may also object to this processing for legitimate reasons. To exercise these rights, they need simply send a letter to: AUBADE Service Consommateur E-Boutique, 10 rue du Colonel Driant, 75001 Paris, France. Customers are informed that if they exercise their right to delete or object to data collection, they may be unable to access all or part of the Website.
Customers are informed that cookies are stored on their computer when they log into the Website. A cookie does not make it possible to identify a Customer. However, it records information about the computer’s browsing on the Website (the pages consulted, the date and time of the consultation, etc.), which may be read during subsequent visits to improve the user experience or tailor the pages of the website visited to the Customer’s “profile”. This information is stored on the computer for five (5) years. It is possible to prevent cookies from being stored by setting the browser to block them, in accordance with software documentation.
- 13.1 Personal data processing by AUBADE
- 14. FORCE MAJEURE
AUBADE shall not be held liable for failing to fulfil its obligations under this contract in part or in full, if this failure is due to an event of force majeure, in particular in the event of a disruption to or total or partial strike of the postal services or transport and/or communication means, flood or fire.
AUBADE will inform the Customer of an event of Force Majeure within five (5) working days after its occurrence.
The Parties agree to consult each other as soon as possible in order to determine the terms and conditions for processing the order while the event of force majeure continues.
Beyond a timeframe of one (1) month’s interruption of performance of the contract due to force majeure, les Parties shall be released from their obligations to each other. If necessary, AUBADE will refund the Customer as soon as possible.
- 15. ENTIRE CONTRACT
These terms and conditions of sale and the order summary sent to the Buyer form a contractual whole summarising all of the agreements made between the Parties.
- 16. APPLICABLE FRENCH LAW AND SETTLEMENT OF DISPUTES
These Terms and Conditions of Sale are subject to French law.
IF NO AMICABLE AGREEMENT CAN BE REACHED REGARDING ANY DISPUTE THAT MAY ARISE BETWEEN THE PARTIES CONCERNING THE INCEPTION, INTERPRETATION OR PERFORMANCE OF THESE TERMS AND CONDITIONS, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO THE JURISDICTION OF THE FRENCH COURTS.
- 16.3 ONLINE DISPUTE RESOLUTION
On 15 February 2016, the European Commission launched a platform for out-of-court settlement of disputes. Accordingly, consumers may initially attempt to settle disputes over online orders without going to court. The platform may be accessed via the website: http://ec.europa.eu/consumers/odr/.
This website does not currently list any dispute resolution body for certain sectors or the following countries: Croatia, Spain, Luxembourg, Poland and Romania. As a consumer, it is possible that you may be unable to use this website to settle disputes with professionals in these countries.