GENERAL CONDITIONS OF SALE AND USE
ARTICLE 1 - Scope
These General Conditions of Sale and Use apply, without restriction or reservation to all sales concluded by Avangarde France ("the Seller") to consumers and non-professional buyers ("the Customers or the Customer "), Wishing to acquire the products offered for sale by the Seller (" the Products ") on the website avangardefrance.fr. (" The Site ")
They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
These General Conditions of Sale and Use may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
These General Conditions of Sale and Use apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the avangardefrance.fr website and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale and Use may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 - Legal notices and access to the Site
The avangardefrance.fr website is edited by the Seller, whose contact details are following:
882 538 689 RCS Nanterre 20 Avenue Edouard Belin 92500
+ 33 (0) 7 64 62 17 48
The site host is Shopify Inc.
The Site is accessible free of charge from anywhere by any user with Internet access. All the costs necessary for access to the services (computer equipment, Internet connection, etc.) are the responsibility of the user.
Access to the services dedicated to members is made using a username and password.
For maintenance or other reasons, access to the Site may be interrupted or suspended by the publisher without notice or justification.
ARTICLE 3 - Obligations of the Client
The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
The Customer undertakes to communicate to the Seller the actual elements of information necessary for the performance of the service subject to these conditions as requested online and depending on his situation, in particular his name, first name, address, telephone and valid email.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose recovery would be illegal.
Once the order has been placed, the Seller sends the Customer an e-mail confirming it. He informs him of the sending of the Products.
The Customer can modify their data in the "my account" section.
ARTICLE 4 - Do nominative and professional years tection of privacy
For the creation of the Customer's account, the collection of information at the time of registration on the Site is necessary and mandatory. In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulation) entered into force on May 25, 2018, the collection and processing of personal information is carried out with respect for private life.
The Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by mail and justifying his identity, to the address of the Seller, mentioned above.
ARTICLE 5 - Products offered for sale
The Products offered for sale on the avangardefrance.fr website are as follows:
Ready-to-wear clothing, tailor-made clothing, textiles, ready-to-wear accessories, beauty and well-being products.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site.
The Customer is required to take cognizance of it before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. .
The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.
The Products presented on the Site are offered for sale for the following territories: France.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 6 - Period of validity of the Product offer
The Product offers are understood within the limits of available stocks, as specified during the placing the order.
ARTICLE 7 - Orders
7-1. Order placement
It is up to the Customer to select the Products he wishes to order on the avangardefrance.fr website, according to the following methods:
Choice of product as well as sizes and quantities, addition of products to the basket, information on delivery and billing details, then payment of the order via the Vendor's service provider.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the Site is carried out when the Customer accepts these General Conditions of Sale and Use by checking the box provided for this purpose and confirms his order.
The sale is final only after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by e-mail, which must be sent without delay and after receipt by the latter of the full price. and after receipt by the latter of the entire deposit due.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the Site.
The Seller is not intended to sell the Products on the Site to professionals, but only to consumers or to non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
7-2. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
7-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or case of force majeure.
ARTICLE 8 - Prices
The Products are supplied at the current prices appearing on the avangardefrance.fr website, when the order is registered by the Seller. The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that would be granted by the Seller on the Site.
These prices are firm and not revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are fully payable by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 9 - Payment terms
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- by bank cards: Visa, MasterCard, other bank cards
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums. Payment data is exchanged in encrypted mode using SSL protocol
ARTICLE 10 - Deliveries
The Products ordered by the Customer will be delivered in mainland France within the shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
Orders are made by Futurlog via the carriers:
- Dpd parcel delivery with signature
- Mondial relay for deliveries to relay points
- Colissimo without signature
Delivery times are only indicative; if these exceed ten days from the order, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216 -3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
The Seller may provide the buyer with the tracking number of his parcel by e-mail.
Transport risks are the responsibility of the purchaser from the moment the items are physically received by the latter. The buyer is required to check in the presence of the deliverer, the condition of the packaging of the goods and their contents on delivery (or 10 days from reception to protest to the delivery service).
In case of damage during transport, any protest must be made to the carrier within three days of delivery.
In the event of non-conformity of the delivered Product, the Seller - undertakes to remedy or reimburse the Customer, as indicated in the article - "Seller's liability - Guarantee".
ARTICLE 11 - Transfer of ownership - Transfer of risk
The transfer of ownership of the Seller's Products will be made upon acceptance of the order by the Seller, materializing the parties' agreement on the item and on the price, regardless of the date of payment and delivery.
ARTICLE 12 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of the Customer's decision to withdraw.
Returns are to be made in their original condition and complete (packaging, accessories, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the Site, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, devoid of 'ambiguity, expressing the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer.
The refund will be made within 14 days of notification to the Seller of the withdrawal decision.
ARTICLE 13 - Intellectual property
The content of the avangardefrance.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 14 - Responsibility of the Seller - Guarantee
The Products sold on the Site comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
under the conditions and according to the methods defined in the appendix to these General Conditions of Sale and Use (Guarantee of Conformity / Guarantee of Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 7 days from the delivery of the Products or of the discovery of hidden defects within the deadlines mentioned above. above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, etc.).
The Seller will reimburse, replace or have repaired the Products under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by check sent to the Customer.
The Seller's liability cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
The sources of the information disseminated on avangardefrance.fr are deemed reliable but the Site does not guarantee that it is free from defects, errors or omissions.
The information communicated is presented for information purposes and is general without contractual value. Despite regular updates, the Site cannot be held liable for any modification of the administrative and legal provisions appearing after publication. The same is true for the use and interpretation of information communicated on the platform.
The Customer makes sure to keep his password secret. Any disclosure of the password, whatever its form, is prohibited. He assumes the risks associated with the use of his username and password. The Site declines all responsibility.
The Site cannot be held responsible for any viruses that could infect the Customer's computer or any computer equipment, following use, access, or downloading.
The Site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable fact of a third party.
ARTICLE 16 - Hypertext links and cookies
Hypertext links may be present on the Site. The Customer is informed that by clicking on these links, he will leave the Site. VS e last has no control over the web pages on which these links lead and can not, in any case, be responsible for their content.
During visits to the Site, the automatic installation of a cookie on the Client's browser software may occur. Cookies correspond to small files temporarily placed on the hard drive of the user's computer. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify a person. The information in cookies is used to improve browsing performance.
By browsing the Site, the Customer accepts cookies. They can be deactivated via the settings of the navigation software.
AT RTICLE 17 - Publication by the customer
The Site allows members to post comments.
In his publications, the member undertakes to respect the rules of Netiquette (rules of good conduct of the Internet) and the rules of law in force.
The Site may exercise moderation on publications and reserves the right to refuse their posting, without having to justify it to the member.
The member remains the holder of all of his intellectual property rights. But by publishing a publication on the Site, it cedes to the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its publication, directly or by an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. However, the publishing company undertakes to include the member's name near each use of its publication.
Any content posted by a member is their sole responsibility. He undertakes not to put online any content that could harm the interests of third parties. Any legal action brought by an injured third party against the Site will be borne by the member.
The content posted by a member may be at any time and for any reason removed or modified by the Site, without notice.
ARTICLE 18 - Unforeseen
In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contracting party.
ARTICLE 19 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 20 - Applicable law - Language
These General Conditions of Sale and Use as well as the operations which result from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 21 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the seller and the customer will be subject to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (C. consom. Art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the avangardefrance.fr website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 22 - Pre-contractual information - Customer acceptance
The fact for a natural person (or legal entity), of ordering on the website avangardefrance.fr implies full and complete acceptance and acceptance of these General Conditions of Sale and Use as well as the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
APPENDIX 1 - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code To comply with the contract, the goods must:
- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to
buyer as sample or model
present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods. Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.