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General Terms of Sale
In order to serve its customers more effectively, AUBADE PARIS (hereinafter «AUBADE») has chosen to offer, in parallel to the network of stores it operates and the multi-brand retail network, a website selling a selection of its products remotely and electronically.
AUBADE PARIS is pleased to welcome you to its e-commerce site located at <www.aubadestore.be/en> (hereinafter the «Site») where lingerie and swim products (hereinafter collectively the «Products») are available for sale to all individual users (hereinafter the «Customer»).
For the purposes of these terms, the Customer and AUBADE will be collectively referred to as the «Parties» and individually as a «Party».
- 1. ACCEPTANCE OF THE GENERAL TERMS OF SALE
By using the Site to place any order for Products, Customers indicate their complete agreement with these General Terms of Sale and agree that they have read and approved all of the terms and conditions.
Unless otherwise specified, these General Terms of Sale take precedence over any other clause or stipulation mentioned in an order, correspondence, or any other document exchanged between AUBADE and the User.
AUBADE may modify or adapt these General Terms of Sale. Customers will be immediately informed of such modifications by an update to the Site. Orders placed before a modification to the General Terms of Sale will remain subject to the version of the general terms that was in effect when the order was placed.
AUBADE will keep all successive versions of the General Terms of Sale. Nonetheless, AUBADE encourages its Customers to keep a copy of said terms in printed or electronic format.
- 2. LEGAL NOTICES
- 2.1 Site Publisher
The Site is published by: AUBADE PARIS, a French company in Société par Actions Simplifiée form, capitalized at 15,754,230.00 euros, having its head office at 10 Rue du Colonel Driant 75001 Paris, France, listed on the Paris Trade and Companies Register under number 775 695 901, with a European VAT number of: BE 0503853731
- 2.2 Customer Service
The customer service department at AUBADE PARIS may be reached:
- - using the form on the bottom right of each page of the Site.
- - by telephone at: +33 (0)1 70 99 20 00
- 2.3 Publication Director
The publication director for the Site is: Reiner PICHLER
- 2.4 Host
The Site host 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 Site Publisher
- 3. PURPOSE
The purpose of these General Terms of Sale is to define the conditions under which AUBADE offers Products for sale on its Site for Customers.
- 4. OFFERS AND PRODUCTS
The offers presented on the Site are intended for adult individuals with the full legal capacity to enter into contracts, residing in metropolitan France (excluding overseas territories) or in Monaco.
Offers are valid only within Belgium during the period for which the Products are online.
Offers are valid while supplies last. If a Product is unavailable, AUBADE agrees to inform the Customer within forty-eight (48) hours (except during promotional periods, when this period may be extended by several days) after receiving the order and offer (i) either a new delivery date for the Product in question, (ii) or a replacement Product of equivalent quality and price. If the Customer refuses these offers, the order for unavailable Products will be canceled and AUBADE agrees not to charge the Customer the price of the Products in question. In the event that the Customer has already paid said price, AUBADE agrees to refund it, to the same mode of payment originally used by the Customer, within a maximum of fourteen (14) days after payment is received for the unavailable Products.
The photographs and images depicting or illustrating the Products on the Site are not contractually binding.
- 5. CREATING A CUSTOMER ACCOUNT AND CUSTOMER LOGIN
All new Customers must fill out the required fields to create a Customer Account. Customers must accurately fill out the form provided, where they will enter their identifying information, including last name, first name, billing address, delivery address, and email address. Customers must choose a username and password (which are personal and confidential) that they will use to log in and access their Customer Account, which is necessary before placing an order. Customers recognize and agree that entering their username and password constitutes Customer authentication.
When logging in, any Customer already having a Customer Account must identify himself or herself, after first clicking «My Account», by entering his or her email address and password.
Customers must provide personal information when creating their Customer Account to allow their orders to be received, processed, and billed. When collecting and processing this personal information, AUBADE strictly adheres to the French Data Protection Act of January 6, 1978, as described in Article 13 below.
- 6. PLACING ORDERS
- 6.1 Selecting Products
When ordering on the Site, Customers select Products by adding them to their shopping cart, by clicking the button labeled «Add to cart».
- At any point during the process of placing an order on the Site, Customers may:
- - confirm the number of Products in their cart and view detailed information about each product by clicking the «My cart» icon;
- - continue to select additional Products by clicking the «Continue Shopping» button;
- - complete their order by clicking the «Place order» button.
- 6.2 Reviewing Orders
By clicking the «Review Order» button, Customers can view a summary of their order to check the details and total price, and to correct any errors. On this page, Customers can modify the information that was entered, including the Customer billing address, delivery address, and order details (Products ordered and quantities). After reviewing the order summary, and once Customers have entered all the required information, they will read the current General Terms of Sale and confirm their acceptance by checking the appropriate box. This will bring them to the next step. At the end of this first step, a summary page serving as a purchase order will appear on the screen.
- 6.3 Confirming Orders
Confirming OrdersAfter reviewing the summary purchase order, Customers will click the "Place Order" button to indicate acceptance and confirm their order.
The Parties explicitly agree that the electronic information recorded by AUBADE when identifying a Customer and placing an Order, particularly the technical data recorded when the Customer clicks the "Place Order" button, constitute proof of the contract formed between AUBADE and the customer, in particular proof that the Customer accepts the offer, the Order (including the price of said Order), and these General Terms of Sale.
Once Customer has confirmed the Order, the sales Contract thus formed between AUBADE and the Customer shall be considered complete, subject to acceptance by AUBADE, which reserves the right to refuse any Order under the circumstances including, but not limited to: - a dispute that began with the Customer on the day of the Order; - failure by the Customer to for pay all or part of a previous order, or a payment incident with a previous order by the Customer; - bank refusal of credit/debit card payment authorization for the Order in question.
- 6.4 Paying for Orders
When the Customer clicks the "Place Order" button to confirm the Order, the price of the Order is immediately payable.
The Customer shall pay this sum according to the payment methods described in Article 7 below.
- 6.5 Order Receipt and Invoice
After AUBADE accepts the Order and confirms the payment made by the Customer, AUBADE will send to the Customer, at the email address provided by the latter, an order receipt summarizing the essential information about the order.
- 6.6 Archiving Electronic Sales Contracts
In accordance with the law, AUBADE will keep all of the contractual elements related to 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 Belgium. 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 Belgium.
In both cases, the wording “Aubade Recommended Retail Price in month/year” is shown near the retail price. The applicable VAT rate is the rate in effect in Belgium on the date the order is placed, subject to applicable tax law.
AUBADE reserves the right to change its prices at any point, but items will be billed at the price in effect at the time the order is received.
- 7.2 Delivery Fees
The delivery fees are indicated in the order summary and on the receipt.
- 7.3 Payment Methods
Payments are made via a secure electronic payment service provided by a bank. The payment information entered by customers (card number, credit card security code, and card expiration date) when paying by debit or credit card is immediately encrypted and never transmitted to Aubade.
Customers guarantee to Aubade that they are authorized to make debit card payments. As part of the effort to combat internet fraud, information about any order may be transmitted to any third party for verification.
The amount charged to the customer's credit or debit card will be the total price of the products shipped to the customer's delivery address, not including, if applicable, a flat fee for shipping and handling.
- 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 purchase price in full.
- 9. DELIVERY
Products may be delivered only to Belgium, to the delivery address specified by the Customer during the ordering process.
Products will be delivered within an average of four (4) days (excluding weekends, holidays, and sales), as of the date the order is confirmed by AUBADE, depending on the geographical area and shipping method chosen by AUBADE. This time frame may be extended during sales or promotions. All of the stated delivery times are calculated in working days, i.e. excluding weekends and holidays. Orders confirmed by the Customer on Friday afternoon, Saturday, or Sunday will be processed and, if relevant, confirmed by AUBADE on the next working day.
Customers will receive an order tracking email from the carrier at the email address provided when creating their account on the www.aubadestore.be/en website.
No damages or discounts shall be granted on orders delivered after the stated time frame, nor will pending orders be canceled when the time frame is exceeded because of the Customer's actions, or because of an unforeseeable and insurmountable action by a third party to the contract, or because of a case of Force Majeure as defined in Article 13.2 below.
In accordance with the provisions of Article L.114-1 of the French Consumer Code, for orders with a value of more than 500.00 Euros, the Customer may cancel the order by sending a registered letter with return receipt to AUBADE if the order is not delivered by seven (7) days after the stated delivery date for reasons other than Force Majeure.
Orders are delivered by UPS or by any other carrier selected by AUBADE.
For any order worth more than €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 worth less than €99, Customers must pay the delivery fees, unless the delivery is made to an Aubade store.
Once the package is picked up by UPS, the Customer will receive a tracking number for the package from the carrier via email and/or SMS.
For delivery to an AUBADE store, the Customer will receive an email once the package arrives at the selected store.
All of this information can also be found directly in the Customer's account.
If the recipient is not at home, the carrier will leave a notice in the mailbox or send an email notification to the address entered by the Customer when creating his or her account. This notice will include the address and business hours of the UPS branch where the package has been left.
If no instructions are provided within seven (7) days after the package is available for pickup, it will be returned to sender.
In the case of an extended delay, the buyer must inform the AUBADE Customer Service department of the delay within a maximum of thirty (30) days by sending an email to the following address: contact [AT] aubadepro.com. AUBADE may then open an investigation.
- 10. CHECKING PRODUCT CONDITION – CLAIMS AGAINST THE CARRIER
It is the Customer's responsibility to check the condition of the Products upon receiving them.
If the delivered Product is damaged, we recommend that the Customer specifically state all reservations on the delivery slip, excluding any reservations of principle such as «received pending unpackaging».
The Customer must then send a registered letter with return receipt to the carrier informing the latter of his or her reservations within a maximum of three (3) working days after receiving the Product. If no claim is made within that period, then no claim against the carrier shall be admissible (Article L.133-3 of the French Code of Commerce).
The Customer shall email AUBADE a copy of the letter sent to the carrier, including the order information present on the delivery slip, at the following address: contact [AT] aubadepro.com.
- 11 PRODUCT COMPLIANCE
It is the Customer's responsibility to check the compliance of the Products upon receiving them.
The Customer must notify AUBADE of any failure of compliance by sending an email to contact [AT] aubadepro.com, within thirty (30) days of receiving the Products. AUBADE will then ask the Customer to return the non-compliant products for exchange or refund, depending on the Customer's preference.
Unless legitimate reasons are given, any claim made after the stipulated time frame shall be inadmissible, and AUBADE may not be held in any way liable for the compliance of products delivered to the Customer.
Upon receipt, AUBADE will check the returned Product for non-compliance.
If the returned Product does match the order, AUBADE will send it back to the Customer at the latter's expense.
If AUBADE confirms the non-compliance of the product, then AUBADE will either, according to the Customer's preference, exchange the Product or refund the purchase price and delivery fees. If it is impossible to exchange the Product, the order will be canceled and the Customer will be refunded the purchase price of the Product, including delivery fees.
If a product is returned and a new one shipped because of established non-compliance, AUBADE will pay the return and new shipment fees.
The provisions above do not deprive Customers of their right to bring proceedings on the basis of latent defects as described in Articles 1641 to 1649 of the French Civil Code, or any other contractual or non-contractual proceedings recognized by the 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 before the aforementioned period expires, in perfectly saleable condition, in its original packaging, complete, labeled, new, unworn, unwashed, and unstained.
If a free item or gift was offered or included with the product the Customer wishes to return, he or she must also return that item to Aubade along with the merchandise, or the refund request may not be processed.
Online purchases cannot be returned or exchanged at our Aubade store locations.
Online purchases may not be exchanged online. Customers who are unhappy with their choice may return the product and place another order, at their own expense, for their preferred silhouette, size, color, or collection.
Returns may only be made online and Customers must first state their intent to return the product online in their Customer account.
For orders received within the past 30 days, Customers may make a return by selecting the RETURN tab.
If the order was received more than thirty (30) days ago, the return window has closed and the RETURN tab will no longer appear. This means that the Customer can no longer return the merchandise.
Once return authorization has been granted online, Customers will receive a confirmation email to include with the returned merchandise.
The Product return must be sent to the following address, ideally via registered mail:
Service Retours E-Boutique
23, Avenue du Général de Gaulle
Assuming the condition for exercising the right of withdrawal are met as described in this article, AUBADE will refund to the Customer the full price of all products returned, within fourteen (14) days after AUBADE receives the Products, after deducting the return shipping fees, which remain at the Customer's expense in accordance with the law.
- 13. PROTECTION OF PERSONAL INFORMATION
- 13.1 Processing of personal information by AUBADE
AUBADE explicitly agrees to collect and process personal information about its Customers in keeping with the provisions of current laws and regulations, in particular the French Data Protection Act of January 6, 1978.
AUBADE will ensure that its Customers are fully informed about the ways in which it collects and processes their personal information.
In particular, AUBADE will solicit, where relevant, explicit consent from Customers before transferring their personal information to partners companies offers selected by AUBADE.
In accordance with the aforementioned Act of January 6, 1978, Customers are informed that AUBADE will conduct automated processing of their personal information, including when they log in to the Site, use the Site, create their Customer account, and place Orders.
Information marked with an asterisk in forms that appear on the Site is required and necessary to place an Order on the Site. If a Customer fails to fill out a required field, AUBADE will be unable to process the Customer's Orders.
The purpose of automatic processing of Customers' personal information is to manage access to the Site and allow AUBADE to perform its obligations under the sales contracts formed between AUBADE and its Customers.
AUBADE and companies belonging to the CALIDA group with which AUBADE has a business relationship are in receipt of personal information collected by AUBADE when Customers use the Site.
Customers have the right to access, modify, correct, and delete their own personal information. Customers may also object to the processing of their personal information, for legitimate reasons. To exercise these rights, they may 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, all or part of the Site may become inaccessible to them.
Customers are informed that "cookies" are installed on their computer when they log in to the Site. Cookies cannot be used to identify a Customer. However, they do record information about the way the computer browses through the Site (pages viewed, date and time of visit, etc.) which may be read during later visits to improve the user experience or adapt the pages of the site 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 saved by configured the browser to block them, as the software documentation describes.
- 13.1 Processing of personal information by AUBADE
- 14. FORCE MAJEURE
AUBADE shall not be liable for failing to perform all or part of its obligations under this contract if said failure is due to an event that represents force majeure, including a partial or complete strike or disruption to postal services, transportation and/or communication services, fire, or flood.
AUBADE shall inform the Customer of a Force Majeure event within five (5) working days after it occurs.
The Parties agree to consult one another as soon as possible to determine how to process the order while the case of force majeure persists.
After performance of the contract has been interrupted for one (1) month due to force majeure, the Parties shall be released from their obligations to one another. If relevant, AUBADE will refund the Customer as soon as possible.
- 15. ENTIRE CONTRACT
These general terms of sale and the order summary sent to the Buyer form an entire contract summarizing all of the agreements made between the Parties.
- 16. APPLICABLE LAW AND DISPUTE SETTLEMENT
These General Terms of Sale are subject to French law.
IF NO AMICABLE AGREEMENT CAN BE REACHED, FOR ANY DISPUTE THAT MAY ARISE BETWEEN THE PARTIES CONCERNING THE CONSTRUCTION, INTERPRETATION, OR PERFORMANCE OF THESE GENERAL TERMS, THE PARTIES ASSIGN JURISDICTION TO THE COURTS OF THE PARIS COURT OF APPEALS, WHICH SHALL HAVE SOLE JURISDICTION, NOTWITHSTANDING A CASE WITH MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN IN THE CASE OF SUMMARY PROCEDURE.
- 16.3 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/.