General Conditions of Sale
ARTICLE 1 - ACCEPTANCE - ENFORCEABILITY
In accordance with the provisions of Article L 113-3 of the Consumer Code, these general terms and conditions of sale are brought to the attention of the Customer when placing the order; they appear on the Seller's website accessible from the URL address https://www.laboutiqueofficielle.com/ (hereinafter "the Site").
By placing an order, the Customer agrees to them and acknowledges having full knowledge of them and therefore waives the right to rely on any contradictory document. No document other than these terms and conditions may create obligations for the parties or derogate from these terms and conditions unless they are in writing signed by the parties. The General Terms and Conditions are accessible at any time on the Site and will prevail, where applicable, over any previous version or any other contradictory document. The Customer has the option of requesting that the General Terms and Conditions be sent to them by the Seller by email. They may also save, edit or copy them, it being specified that saving, editing or copying this document is their sole responsibility, as these General Terms and Conditions may be subject to change.
The Seller may modify its general terms and conditions of sale at any time, published on its website https://www.laboutiqueofficielle.com/. Amendments to these T&Cs are binding on Customers from the time they are posted online and apply to transactions concluded after they are posted online.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having received, prior to placing his order and concluding the contract, in a legible and understandable manner, these General Terms and Conditions and all the following information: the essential characteristics of the Products; the price of the Product and transport costs; the delivery time; information relating to the identity of the Seller, his postal, telephone and electronic contact details and his activities; information relating to the right of withdrawal, legal guarantees; the possibility of using a consumer mediator.
ARTICLE 3 - PRODUCTS
The products sold by the Seller are those appearing on the Site on the day it is consulted by the Customer.
The Product offers proposed on the Site are only valid while stocks last. Availability may vary within the same day depending on the level of sales recorded by the Seller. The Seller updates availability on the Site very frequently, but cannot be held responsible if the stock is not identical to that indicated on the Site. In the event of unavailability of the Product after the Customer has placed the order, the Seller undertakes to inform the Customer by email within eight (8) days from the date of the order and to indicate to the Customer the waiting time for receipt of the Product. If the Customer so wishes, he/she may request cancellation of the order (refund by bank transfer within seven (7) days) or the exchange of the unavailable Product for another Product by contacting the Seller by email indicated in article 12.
Each product is subject to a precise description, including photography, price, sizes, available colors and main characteristics.
Product photographs may include minimal differences between the product and the illustration, depending on the color resolution of the Customer's computer or smartphone screen.
The Seller undertakes to deliver products that comply with legal and regulatory health and safety requirements.
ARTICLE 4 - ORDER
4.1 Navigation within the Site . The Customer may view the various Products offered for sale by the Seller on its Site and freely navigate the various pages of the Site, without being committed to an order.
4.2 Registration of an order . If the Customer wishes to place an order, he will choose the different Products in which he is interested, and will express this interest by clicking on the “Add to cart” box. On the Site, at any time, the Customer may:
- obtain details of the Products he has selected, by clicking on “My basket”,
- continue your selection of Products by clicking on “Return to home”,
- complete your selection of Products and order these Products by clicking on “Confirm my basket”.
To order the Products he has thus chosen, after clicking on "Validate my basket", the Customer must identify himself, either by entering his email address and confidential password, if he has already created his account, or by clicking on "Register" otherwise. In the latter case, the Customer must accurately fill out the form made available to him, on which he must indicate the information necessary for his identification and in particular his surname, first name, date of birth, email address. In addition, the Customer must provide the password of his choice which will be personal and confidential and which he will need to identify himself later on the Site. The Customer is informed and accepts that entering his email address and password constitutes proof of his identity. Once the Customer has been identified, he must validate the delivery address. An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the Customer's contact details, the deadline for delivery of the Products, the delivery address of the Products. The Customer may correct any errors before confirming their order. If this is the case, a new order form will be automatically generated.
4.3 Final validation of the order . After having read the order form, and once all the requested information has been completed by the Customer, the latter will check the box accepting these general terms and conditions of sale and click on "Confirm order". The validation of the order includes the mention "Order with obligation of payment". This second click constitutes an electronic signature. This signature has the same value and binds the Customer as a handwritten signature. The order form will be recorded in the Seller's computer records, themselves kept on a reliable and durable medium and will be considered as proof of the Customer's commitment. The Customer may choose the payment method he wishes, among those offered by the Seller and will proceed to payment for the Products under the conditions of article 6.
4.4 Order summary . Once the Customer has validated their payment method on the Site, a summary of the Customer's order will be displayed, including the transaction number. The sale will only be considered final after the Seller has displayed the order summary, which constitutes an acknowledgment of receipt of the order. The Customer will then be sent an email summarizing the order when it is registered (hereinafter "the Contract").
4.5 In any event, the Seller reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of authorization of payment by bank card by banking organizations. The Seller cannot be held liable in this case.
4.6 Order tracking . The Customer can check the status of their order at any time by consulting the "Order tracking" section. This tracking allows the Customer to know the processing status of their order, but also the shipping or delivery status of their packages. The Customer can contact the Seller's customer service at any time to be informed of the tracking of their order using the contact details indicated in Article 12.
Any order cannot be modified once it has acquired the status “in preparation”.
AUDIGANG.FR Company has 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.
AUDIGANG.FR may issue a credit note to the customer in the event of unavailability of a product following a return due to size unavailability.
The credit note is valid for one (1) year, for any new order made on the website accessible from the URL address https://audigang.fr/
However, the Customer has the option to request a refund of the credit note, throughout its validity period.
Audigng.fr may be entitled to request proof of identity and/or address from the customer to verify the identity of the holder of the bank card used for payment.
ARTICLE 5 – PRICE
The prices indicated on the product sheets are expressed in Euros, and include all taxes, excluding handling and shipping costs which are invoiced, where applicable, in addition on the basis of the rate applicable on the day of the order and which are communicated to the Customer before the order is placed.
The applicable value added tax is that in force in mainland France on the day of the order.
The Seller reserves the right to modify its prices at its convenience, it being specified that the price indicated in the order form issued by the Seller is the final price and includes VAT and shipping costs.
The products ordered are invoiced at the rates in effect when the order is recorded, subject to product availability.
For certain Products, additional shipping costs may be added to the flat-rate shipping costs, the amount of which will be duly specified in the sales offer.
The prices of Products for the French overseas departments and territories, Switzerland, and other countries outside the EU are indicated excluding taxes.
Orders placed on the website https://audigang.fr/, intended for delivery outside mainland France, may be subject to possible taxes and customs duties.
The Customer is required to inform himself of any customs duties and fees applicable to his situation in the event of an order. The Customer is solely responsible for verifying the import possibilities of the Products ordered with regard to the law of the country of delivery. The Seller is not required to verify and inform the Customer of the applicable customs duties and taxes or the laws and regulations of the country where the Products are delivered.
These customs duties and possible costs are the exclusive responsibility of the Customer.
ARTICLE 6 – PAYMENT TERMS
6.1 Upon acceptance of the order by the Seller, the Customer undertakes to pay the Seller in full.
Otherwise, the order will not be processed.
6.2 Payment for the order is made either:
- by credit card
- "by Bank Transfer": The payment terms by bank transfer are indicated on the order summary page, once the payment method has been selected and validated. The customer must provide an order reference when making the transfer.
Transactions made on the website https://audigang.fr/ are protected by the Stripe system.
6.3. The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. The payment itself shall only be considered as having been made after the funds have actually been collected by the Seller.
6.4. An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered. A detailed printable invoice will also be available on the Site in the “My profile” section.
6.5. Any amount not paid on its due date will automatically generate late payment interest equal to three times the legal interest rate. This interest will be due until the day the amount due is paid, including interest.
ARTICLE 7 – DELIVERY TERMS
Delivery means the transfer to the Customer of physical possession or control of the Products. It is only possible after confirmation of payment by the Seller's banking institution.
The products ordered are sent to the delivery address indicated by the Customer when ordering, provided that it is included in the authorized delivery areas, specified in the sales offer.
In the event of an error or omission by the Customer in communicating the delivery address, the Seller cannot be held responsible for the impossibility of delivering the products ordered.
The Seller undertakes to deliver the products within a period of between seven (7) days and fifteen (15) days, from receipt of payment.
Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.
The Customer is informed and accepts that the Seller may entrust delivery operations to third parties of its choice.
If at the time of delivery, the original packaging is damaged, torn, open, the Customer must then check the condition of the Products. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip (“package refused because open or damaged”). The Customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (Product missing compared to the delivery slip, damaged package, broken Products, etc.). This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip.
Any return of packages by the carrier is the sole responsibility of the Customer.
The company audigang.fr will contact the customer by email, so that the customer provides their full address, as well as a transfer for the shipping costs of their order in the amount of:
_ Six Euros (6.00 Euros) for shipping the product by So Colissimo Domicile (home delivery),
_ Five Euros (5.00 Euros) for delivery to a Parcel Relay (delivery to local shops).
If the Customer does not respond within one (1) month of sending the email, the Company audigang.fr will put the products ordered back on sale.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 The Customer has the right to withdraw from this Contract without reason within a period of fourteen (14) clear days, starting from the day on which the Customer himself or a third party other than the carrier takes physical possession of the Products.
8.2 Notification of the right of withdrawal . The Customer must notify his decision to withdraw by means of an unambiguous statement using a durable medium (for example, a letter sent by post or email to the following address: audigang.ra@gmail.com
The Customer may use the following withdrawal form or any other unambiguous statement:
(Please complete and return this form only if you wish to withdraw from the sale).
To the attention of the company Audigang, 486 route de la Chandouze 74380 Cranves-Sales
I, the undersigned (surname, first name, address) hereby notify you of my withdrawal from the contract for the sale of the item (specify the designation), ordered on (specify the date) and received on (specify the date)
Signature and date " .
The customer will receive an acknowledgment of receipt of the withdrawal without delay.
In order for this withdrawal period to be respected, the Customer must send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.3 Effect of withdrawal . In the event of withdrawal, the Seller will reimburse the Customer for all payments received from the Customer, including the initial delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the Seller is informed of the Customer's decision to withdraw. The Seller will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to a different means. This reimbursement will not incur any costs for the Customer. The Seller reserves the right to defer reimbursement until it has received the Products or until the Customer has provided proof of shipment of the Products, whichever is the earliest.
8.4 Return conditions . The products must be returned without undue delay and, in any event, no later than fourteen (14) days after notification of the decision to withdraw. This deadline is deemed to have been met if the Customer returns the Products before the expiry of the fourteen (14) day period.
In any event, the products must be returned in new condition, in their original packaging and accompanied by the invoice.
Products must be returned to the following address:
Audigang 190 Peace Street. 74380 Nangy
The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, namely when the items are returned incomplete, damaged, used or soiled. In this case, the Seller reserves the right to hold the Customer liable and request payment of compensatory compensation proportionate to the purchase price of said Products.
In the event of withdrawal, the costs resulting from the return of the products will remain the exclusive responsibility of the Customer.
8.5 Special cases – Exclusion of the right of withdrawal
Return of size or model will only be possible under the following conditions:
_ The garment has not been worn,
_ The clothes are intact, showing no signs of dirt or wear.
_ The Product is neither damaged nor soiled.
_ The Product is returned in its original, undamaged packaging. The shoe box should not be used as a shipping box.
Pursuant to Article L. 221-28 of the Consumer Code, the right of withdrawal is excluded for certain Products, namely:
- products that have been unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection. For example, and without this list being exhaustive: underwear and cleaning products (boxers, briefs, underwear, socks, bras, swimsuits, spray and cleaning kits), etc.;
- products made according to the Customer's specifications, or clearly personalized, for example gift bags / gift wrapping.
ARTICLE 9 – GUARANTEES
9.1. The Products supplied by the Seller benefit, in accordance with legal provisions, from the legal guarantee of conformity under the conditions of Articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use, under the conditions provided for in Articles 1641 et seq. of the Civil Code.
9.2. Legal guarantee of conformity
9.2.1. Article L217-4 of the Consumer Code: the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
9.2.2. Article L217-5 of the Consumer Code: the goods comply with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
9.3. Guarantee of hidden defects
9.3.1. Article 1641 of the Civil Code: the seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
9.3.2. Article 1648 paragraph 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
9.4. Implementation |
9.4.1. Any request for a legal guarantee under the guarantee of conformity or hidden defects must be made to the Seller (Address: Audi gang Company Legal guarantee of conformity Customer Service email: audigang.ra@gmail.com as guarantor of the conformity of the Products to the contract. |
9.4.2. Legal guarantee of conformity |
The product sold to the Customer is compliant when it meets the criteria set out in the contract, when it is suitable for the use normally expected of such goods, and when it has the qualities described before the conclusion of the contract. In the specific case of the sale of clothing, shoes and fashion accessories, normal wear and tear of a product resulting from its use and maintenance by the Customer does not constitute non-compliance. It is up to the customer to provide proof of the non-compliance he claims, by communicating in writing to the seller any useful element of assessment. |
In accordance with the provisions of Article L. 217-3 of the Consumer Code, the seller is liable for any defects of conformity existing at the time of delivery of the goods, which appear within a period of (2) two years from this date. |
In the event of a proven lack of conformity, the Customer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination of the contract, under the conditions set out in Articles L. 217-8 et seq. of the Consumer Code. The Customer may choose between repair and replacement of the Product, provided that this choice does not entail a cost that is manifestly disproportionate given the value of the Product or the extent of the defect. |
9.4.3. Guarantee of hidden defects |
If the Customer decides to implement the guarantee of hidden defects within the meaning of Article 1641 of the Civil Code, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. |
9.5. Any warranty is excluded in the event of use or storage of the Products not in accordance with the provisions appearing in the documentation attached to the Products.
9.6. The Seller shall not be considered liable or in default if it provides proof that the delay or non-performance is due to the occurrence of a case of force majeure or is attributable to the Customer.
ARTICLE 10 – RESERVATION OF OWNERSHIP
IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE PRODUCTS ORDERED TO THE CUSTOMER WILL ONLY BE COMPLETED AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
The Customer must ensure that the identification of the Products is always possible after their delivery.ARTICLE 11 – FORCE MAJEURE
Neither party may be held liable if it is prevented or delayed in the performance of its obligations due to force majeure, resulting from an unforeseeable, irresistible event beyond its control.
In particular, in the event of fire, climatic events, natural disasters, pandemic, or any other accident having caused the total or partial destruction of the company, a general strike, lack of motive power or raw materials resulting from a general cause.
In the event of force majeure, delivery will be postponed to a later date after the cessation of the force majeure event, without the Customer and the Seller being able to claim any compensation for any loss whatsoever.
If the force majeure event exceeds a duration of four (4) weeks, each party will have the right to terminate the Contract by registered letter with acknowledgment of receipt, free of charge.
In this case, the Seller will refund the sums paid by the Customer when placing the order, excluding any other compensation owed by the Seller to the Customer.
ARTICLE 12 – CONTACT AND CUSTOMER SERVICE
To contact the Seller, the Customer can send an email to the Seller at the following address: audigang.ra@gmail.com
To track the execution of their order, the Customer can log in to the “my account” section on the website: https://audigang.fr/
ARTICLE 13 – PERSONAL DATA
As part of the management of the Customer's order, the Seller will be required to process the Customer's personal data under the conditions defined in its confidentiality policy. in order to be informed about the processing conditions implemented.
ARTICLE 14 – INTELLECTUAL PROPERTY
All texts, comments, images and photographs of products reproduced on the website are the exclusive property of the Seller and are protected by copyright.
Any reproduction, even automated, of the product presentation pages or any other pages of the site, for commercial purposes, is prohibited.
Only automatic indexing of the site pages resulting from natural referencing in internet search engines is authorized.
"AUDIGANG" is a registered trademark in red, with a red rectangle running vertically, devoid of any mention, owned by the AUDI GANG Company, and registered with the INPI.
Any total or partial reproduction of said brand is strictly prohibited and may constitute an act of counterfeiting.
In accordance with the provisions of the Intellectual Property Code, only the use of texts, comments and images from the Site for private use is authorized.
Any other use constitutes an act of counterfeiting.
The Seller reserves the right to initiate any legal proceedings to guarantee its rights against any persons acting in violation of these provisions.
ARTICLE 15 – GENERAL PROVISIONS
15.1. If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
15.2. These General Terms and Conditions and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
15.3. Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions.
15.4. Any contract concluded with the Customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the Seller for a period of ten (10) years in accordance with Article L213-1 of the Consumer Code. The Seller will archive this information in order to ensure transaction monitoring and to produce a copy of the contract at the Customer's request.
15.5. In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
.ARTICLE 16 – APPLICABLE LAW AND COMPETENT JURISDICTION
16.1. All clauses appearing in these General Terms and Conditions and all sales transactions referred to therein are subject to French law.
16.2. In the event of a dispute, an amicable solution will be sought between the parties. The Customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the AME CONSO mediator service. The consumer has the possibility of contacting the consumer mediator to whom the professional belongs, namely AME CONSO, free of charge, within one year of the written complaint sent to the professional.
The consumer mediator must be contacted:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.