GENERAL TERMS AND CONDITIONS
Welcome to our website “audepart.com" (hereinafter, the “Site”). This page provides information on the terms and conditions on which users of the Site can (i) access to and use the Site and (ii) order products ( hereinafter the “Products”) through the Site (hereinafter, the “General Terms and Conditions”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND PLACING ANY ORDER THROUGH THE SITE.
By using the Site and/or placing an order for Products through the Site, you are deemed to have 18 years or older and to have fully read, fully understood and agreed to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you must not use this Site. These Terms and Conditions refer to the following additional terms, which also apply to your use of the Site:
- the Right of Withdrawal / Return Policy which sets out the conditions of the right of withdrawal from the contract of the final users.
This Site is managed and maintained by Au Depart Holdings (UK) Limited, a private company limited by shares registered in England and Wales (company number 10588034, VAT number: GB405-2996-89 ) whose registered office is located at 5, New Street Square, London, United Kingdom EC4A 3TW (hereinafter, the "Manager").
For any customer services queries, please either write to the Manager at 5, New Street Square, London, United Kingdom EC4A 3TW or contact the Manager by e-mail at this address: firstname.lastname@example.org.
For any other information about the right to withdraw and the privacy disclosure, please see the “Right of Withdrawal” and “Privacy” sections. The Manager reserves the right to modify or update these General Terms and Conditions in whole or in part at any time without prior notice. Users will be notified of such changes and/or updates on the home page of the Site as soon as they are effective. Hence, we strongly advise our users to review the Terms and Conditions whenever they use the Site as they will be deemed to have accepted any change and/or update if they continue to use the Site after such changes/updates have been published on the Site. The version of the Terms and Conditions that will apply to an order will be the last version published on the Site at the time the user places said order. Access to and use of the Site, including browsing webpages, communicating with the Manager, the ability to download information about Products and purchasing them through the Site, the content of the Site, and the Site as a whole, is intended solely for the personal and non-commercial business or professional use of our users. Users may use, download, print, store selected portions of the content of the Site, provided they (i) only use these materials for their own personal, non-commercial use, (ii) do not copy or post the content on any network computer or broadcast the content in any media and (iii) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title, or interest in or to any content or material is granted to the users of the Site as a result of such activities. The Manager reserves complete title and full intellectual property rights in any content users may download, reproduce, print, redistribute or store from the Site. In any case, the Manager cannot be held liable for any use of the Site by the users which is not in compliance with current law of the Site or its content by users, unless the Manager has committed intentional misconduct or gross negligence. Lastly, any Site’s content downloaded or otherwise obtained by the users will be at the user’s election and risk. Neither the Manager nor its parents, affiliates, partners or licensors will not be responsible (whether in contract, tort (including negligence) pre-contract or otherwise) for any (i) interruption of business ; (ii) access delays or access interruptions to the program; (iii) data non-delivery, loss, theft, failed delivery, corruption, destruction or other modification (iv) loss or damages of any sort incurred as a result of dealings with or the presence of third party Links on the Site or use of any reward or benefit of the program; (v) computer viruses, system failures or malfunctions which may occur in connection with the use of the Site by the users, including during hyperlink to or from third parties’ websites; (vi) any inaccuracies or omissions in program content; or (vii) events beyond the Manager’s reasonable control and shall be borne by the user only. The Manager makes no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit the Manager’s liability for death or personal injury resulting from its negligence or that of its servants, agents, or employees.
PRIVACY AND DATA PROTECTION
INTELLECTUAL PROPERTY RIGHTS
All of the content users may see and hear on the Site, including, but not limited to, the layout, artworks, images, photographs, illustrations, graphic, dialogue, music, sounds and video/audio clips, documents, designs, figures, logos, text and any other material, in any format, published on the Site, including menus, web pages, graphics, colours, drawings, instruments, fonts and the design of the Site, diagrams, layouts, methods, processes, functions and software that comprise the Site, are subject to trademark, service mark, trade dress, copyright and/or all other intellectual property rights or licenses held by the Manager, any of its affiliates companies.
The total or partial reproduction in any form whatsoever of the content on the Site without the express written consent of the Manager is prohibited. The Manager alone is entitled to authorise or prohibit the direct or indirect and temporary or permanent reproduction, in any manner or form whatsoever, in whole or in part, of the contents of the Site.
With regard to use of the Site, the user is only authorised to browse the Site and its content. The user is also authorised to perform all temporary acts of reproduction of a non-economic nature considered to be transitory or accessory, which are an integral and essential part of browsing the Site and its content as well as any other browsing on the Site carried out solely for legitimate use of the Site and its content. However, no reproduction, in whole or in part, of the Site or its content onto any medium is authorised. Any act of reproduction must be authorised by the Manager on a case-by-case basis or, where applicable, by the creators of the individual works contained on the Site. This reproduction must nonetheless be for lawful purposes and respect the copyright and other intellectual property rights of the Manager and of the creators of the individual works contained on the Site. The creators of the individual works published on the Site have, at all times, the right to claim ownership of their works and to object to any distortion of or other alteration of the works, including any action that undermines the works, integrity or reputation of the creators.
The user undertakes to comply with the copyright of the artists who have chosen to publish their works on the Site and have collaborated with the Site to create new expressive and artistic forms for publication, even if not exclusively on the Site, or as an integral part thereof. Moreover, the user is in no event allowed to use, in any way and in any form, the content of the Site or any individual work protected by copyright or by any other intellectual property right. For example, it is prohibited to alter or modify in any way whatsoever the content and the protected works without the prior written consent of the Manager and, where necessary, of the individual creators of the works published on the Site.
TRADEMARKS AND DOMAIN NAMES
All other distinctive signs distinguishing the Products sold on the Site and present on the Site are trademarks of their respective owners and are used solely to distinguish, describe, and advertise the Products for sale on the Site. The Manager and all other owners of registered trademarks have the right to use exclusively the trademarks they own. Any use of those trademarks in violation of law because such use is unauthorised, is prohibited and will result serious legal consequences. It is forbidden to use these trademarks and any other distinctive signs present on the Site to take undue advantage from the distinctive character or renown of their trademarks, or in such a way as to harm them or their owners.
LINKS TO THIRD PARTIES’ WEBSITES
LINKS TO THE SITE
Anyone wishing to establish links to the Site shall to contact the Manager at the following e-mail address: email@example.com in order to request the prior written consent of the Manager.
In any case, the establishment of a Link to the Site must be made in a way that is fair and legal and does not damage the Manager reputation or take advantage of it. The establishment of a link to the Site in such a way as to suggest any form of association with the Manager is forbidden.
The Manager reserves the right to refuse the activation of Links to the Site if the requesting party seeking to activate such link has engaged, in the past, in unfair commercial practices, practices not in accordance with the customs of commerce or actions of unfair competition with regard to the Manager. If the Manager is concerned that such actions may be undertaken in the future, or where the requestor has in the past taken or could undertake in the future take actions discrediting the Manager, its Site or its services.
The Manager reserves the right to withdraw linking permission without prior notice.
WARNING ABOUT CONTENT
The Manager has taken all precautions to prevent publication on the Site of contents that describe or represent scenes or situations of physical or psychological violence or that, depending on sensitivities of the users, may be considered offensive to personal beliefs, human rights, and personal dignity in all their forms and expressions. In any event, the Manager does not guarantee that the content of the Site is appropriate or lawful in countries other than England and Wales. However, if such content is considered illicit or illegal in any of such countries, the user must avoid accessing the Site and, if the user still chooses to access the Site, the use he/she decides to make of the services provided shall be his/her sole and personal responsibility.
The Manager has also taken every care to ensure to users that the content made available through the Site is accurate and up to date as of the date of its publication on the Site and, to the extent possible, also thereafter. However, the Manager disclaims any liability to users regarding the accuracy and completeness of the content published on the Site and cannot guarantee that information available on the Site is free from errors or omissions except for liability for wilful misconduct or gross negligence and as otherwise provided by law. The Manager reserves the right to update and/or correct the content available on the Website at any time without prior notice and without any liability.
Moreover, the Manager do not guarantee to users that the Site will always be available, without interruptions or errors in functioning or that it will be safe from malicious programs (such as viruses, bugs, malware or similar) or that is suitable for any particular purposes and expressly declines any such warranties..
The Manager is at users’ disposal at the following e-mail address: firstname.lastname@example.org for any problem arising in the context of the use of the Site. Likewise, the user is advised to contact his/her Internet services provider or to check that all devices for connecting to the Internet and accessing web content are activated correctly, including the Internet browser. Although the Manager will do its best to ensure continuous access to its Site, the dynamic nature of the Internet and its content may not allow the Manager to operate without suspensions, interruptions, or discontinuities due to the need to make updates to the Site. The Manager has taken the appropriate technical and organisational measures to preserve the security of its services, the integrity of traffic data and electronic communications against prohibited forms of use or access and to avoid risks of disclosure, destruction and loss of confidential and non-confidential data and information relating to its users present on the Site, or unauthorised or illegal access to such data and information.
TERMS OF SALE
Our business policy
The Manager has adopted a business policy: its mission is to sell Products through its services and its Site solely to the “final consumer”, by this term meaning a natural person who acts on the Site for purposes unrelated to any commercial, business of professional activities engaged in by that person. If the final user is not a consumer, he/she must not use our services to buy Products on the Site. Otherwise, the Manager may reject purchase orders coming from parties that are not final consumers and any purchase orders that do not conform to these General Terms and Conditions.
Formation of a contract with the Manager – Placing an order
To place an order on the Site and enter into a with the Manager, the final user shall follow the following steps:
- select the Products he/she intends to order in order to include them in a specific section (the “Cart”), it being specified that the final user may review/amend his/her order at any time before confirming the placing of the order by clicking on the “Purchase button”;
- fill the order form located in the “Cart” section in electronic format, where the shipping address and payment method must be entered.
- select the payment method.
- confirm the data set forth in the order form and then send it to the Manager. Before proceeding with the purchase of the Product by transmitting the order form to the Manager, the final user will be asked to carefully read these General Terms and Conditions and the disclosure about the right of withdrawal, to print a copy of them using the print command and to save or reproduce a copy thereof for his/her personal use. Before submitting an order, users will also be provided with (i) a summary of the commercial and contractual terms and conditions governing the purchase of the Products, which contains a reference to the General Terms and Conditions and (ii) a summary of the information about the essential features of each Product contains in the order and its price (including all applicable taxes or duties) (iii) payment methods that can be used to purchase each Product, (iv) delivery methods for the Products purchased, (v) methods of handling claims, (vi) shipping and delivery costs (including any additional costs incurred because a type of shipping and delivery that differs from and/or is faster than the standard was chosen), and (vii) the Manager’s details and mailing and e-mail addresses and (viii) the date by which the Manager undertakes to deliver the Products. The Manager will also provide a summary of the terms, conditions and method of exercising the right of withdrawal and the manner and timing for returning purchased Products (using the “return form”). A list of the situations in which the right of withdrawal from the contract cannot be exercised will also be provided. If applicable to the purchase, the final user will be informed that if he/she withdraws, he/she must pay the cost to return the Products. In any event, the user will be reminded of the legal warranty of product conformity and will be given the information to contact our post-sale assistance service. The order form will be stored in our database for the period of time needed to fill orders and for the period required by law. By transmitting the order form, users will be notified that such transmission implies an obligation to pay the price of the ordered Products. Before sending the order form, users will be asked to identify and correct any data entry errors. Once a final user has confirm his/her order by clicking on the “Purchase Button”, the Manager will send an order acknowledgment email to the final user detailing the Products ordered. Please note that this order acknowledgment email does not constitute an order confirmation or an acceptance of the order by the Manager. The final user’s order is an offer to purchase Product(s) from the Manager and the offer shall not be deemed to have been accepted by the Manager until the Manager has sent to the final user a shipment confirmation email as described below. Once the Product(s) is/are shipped from the Manager’s warehouse, the Manager will send a shipment confirmation email to the final user confirming that the Manager has accepted his/her order and containing the following information (i) details of the order, (ii) expected delivery date for the order (iii) information regarding the final user’s right to cancel the contract formed with the Manager. A final user will be informed in case the Manager does not or cannot accept his/her order. Please note that the contract between a final user and the Manager in relation to the Product’s set out in the shipment confirmation email will only be formed once the final user has received the aforementioned shipment confirmation email. No Product(s) will be shipped until the relevant payment has been made in full. Note – final users are strongly advised to carefully check the details of the order acknowledgment email and the shipment confirmation email. It is the responsibility of the final users to notify the manager of any error or inconsistencies by contacting the Manager at the following address: email@example.com.
The contract between the Manager and the final user for products sold via the Site will be concluded in English. Once the contract has been concluded, the Manager will accept the purchase order. The Manager may reject purchase orders that are incomplete or inaccurate or if the Products are unavailable. In such cases, we notify the final user by e-mail that the contract has not been concluded and that the Manager rejected the purchase order, specifying the reasons.
Product availability description
The Manager tries to be as specific as possible on the Site about Product and Product availability. Each Product offered for sale on the Site may be viewed by means of the Product data sheet, through which photographic images of the Product, price per unit and colours may be seen. However, it is possible that the Site may contain typographical errors or inaccuracies. The Manager therefore reserves the right to correct any errors inaccuracies or omissions and to change and update information at any time without prior notice (including after a final user has submitted an order). In case of unavailability of one or more Products , the Manager will notify the final user as soon as possible by e-mail and in any event, within thirty (30) days after the day following the date the order was confirmed by the final user to the Manager. If the order form has already been sent and the corresponding price paid, the Manager will reimburse the amount paid without undue delay and the contract between the Manager and the final user will be considered terminated. By sending the order form electronically, the final user unconditionally accepts and agrees to adhere to these General Terms and Conditions in his/her relations with the Manager. If the final user does not agree with any of the terms set forth in the General Terms and Conditions, we request that the final user not transmit the order form to purchase Products on the Site. By transmitting the order form, the final user confirms that he/she understands and accepts the General Terms and Conditions and the additional information contained on the Site, as well as information referenced by links, including the disclosure regarding privacy and the right to withdraw. Please note that final users must be 18 years or older to purchase Products from the Site. As mentioned above, by placing an order for Products on the Site, the concerned final user confirms and warrants that he/she is aged 18 years or older.
Only products bearing the trademark Au Départ that have been purchased by the Manager directly from authorised producers are offered for sale on the Site. The Manager does not sell used, irregular Products or Products whose quality is inferior to corresponding standards offered on the market. The essential features of the Products are presented on the Site in each Product data sheet. Even if the Manager has made its best efforts to display the Products on the Site accurately, the pictures of the Products on the Site may not exactly reflect the true images, colours, fabric, grain, shade, textures of the Product due to the Internet browsers or monitors/screens used by final users. Therefore, users shall rely exclusively on the description of the Products as mentioned on the Site.
PRICING AND PAYMENT
The prices of Products are indicated on the Site in GBP (£) and EUR (€)and are inclusive or not of all applicable taxes and charges depending on the users’ delivery country. Prices indicated on the Site exclude delivery charges which shall be added to the price of the Products and will be communicated to the user during the order process and before the confirmation of the order by clicking on the “Purchase button”. For delivery of Products to customer located in EU countries, VAT will be charged as per applicable law at the time of the sale. For delivery of Products to customer located outside of the EU, the shipment of Products may be subject to taxes, brokerage fees, customs duties and import fees levied by the destination country. The Manager reserves the right to review and change Products prices on the Site at any time without prior notice and the Manager. Thus, the user must ascertain the final sale price before transmitting the order form. Each Products has an identification label, which the final user must not remove. If the final user exercises the right of withdrawal, the Manager has the right not to accept the return or not refund in full amounts paid for the purchase for Products without the label, Products whose essential qualitative characteristics have been altered or damaged Products, as set forth in more detail in the “Right of Withdrawal” section as well as in our Right to Withdrawal – Return Policy.
Defect – Lack of Conformity
According to Consumer Right 2015, the Manager is under a legal obligation to supply Products that are in conformity with the contract entered into with the final user and in particular as described on the Site, suitable for purpose and of satisfactory quality. If the final user finds that a Product sold by the Manager has defects, does not conform to the description (subject to the provisions provided for herein) or is incomplete, he/she must inform the Manager as soon as possible . at the following e-mail address firstname.lastname@example.org. According to the applicable law, in case of lack of conformity of a Product sold by the Manager, the final user is entitled to the following:
- up to thirty (30) days after the delivery of the Products: the final user may obtain an immediate refund of the purchase price of the Products,
Note: alteration, change or damage to the Products caused by the final user is not considered a defect or a lack conformity of the Products. In addition, variations in the texture, natural markings, or irregularities of nature of the Products are inherent to the Products and are not considered as defect.
The final user will be able to select one of the methods indicated in the order form to pay the price for the ordered Products (including VAT, sales taxes, or other taxes), and the associated shipping and delivery charges. In no event will costs exceeding those the Manager actually incurs (based on the payment method chosen) be charged. If payment is made by credit card, the financial information (e.g., credit/debit card number and expiry date) will never be used by the Manager except to complete the purchase procedures, provide a refund if Products are returned following exercise of the right of withdrawal, or if it becomes necessary to prevent or inform law enforcement of the commission of fraud on the Site. The purchase price of the Products and shipping costs, as indicated on the order form, will be charged to the bank account indicated by the final user at the time of shipment of the Products purchased. If a payment cannot be processed for any reason, the Manager will cancel the order, notify the user and the contract between the user and the Manager will be deemed to be terminated.
Shipping charges and timing
|UK||EU||USA and Canada||Rest of World|
|Standard||3-5 business days||3-5 business days||5-7 business days||7-10 business days|
|Express||1-2 days||1-2 business days||2-3 days||3-5 business days|
PRODUCT SHIPMENT AND DELIVERY
Purchased products shall be delivered by a courier service selected by the Manager within the timeframes indicated above. Products shall be delivered to the address indicated by the final user on the order form. Deliveries will not be made to post office boxes.. Manager is not responsible for any delivery problems arising from incomplete or incorrect address details supplied by the final user. The purchased Products will be shipped out only after the Manager receives the corresponding payment in full. In case the payment in full is not received by the Manager, whatever the reason, the Manager may delay or refuse dispatching the Products without liability to the final users. The Manager will take all reasonable efforts to deliver the purchased Products within 30 (thirty) days of the date indicated in the order confirmation except if a force majeure event or an event beyond the Manager reasonable control occurs. If delivery has not occurred within that deadline, the final user will be entitled to cancel the contract and the Manager shall reimburse all expenses incurred by the final user under the contract without undue delay. Upon delivery, the final user (or his/her delegate) must: (i) ensure that the number of packages delivered corresponds to that indicated on the delivery note; (ii) ensure that the packaging and seals are intact, undamaged, not wet and have not been altered in any manner; (iii) sign the delivery note; and (iv) if requested by the courier, present an identity document. Any damages to the packaging and/or the Products or any discrepancy in the number of packages or indications, or any lack of conformity or apparent defects of the Products must be reported immediately in writing on the courier’s delivery note. To the extent permitted under applicable laws, once the courier’s delivery note has been signed by the final user without her/him noting any objections, the final user may no longer make a claim regarding the external characteristics of the package(s) delivered (including any discrepancies in the number of packages). However, the final user may make a claim later by contacting the Manager at this e-mail address: email@example.com. The Manager will send an e-mail confirming shipment to the final user once the Products have been shipped.
GOVERNING LAW AND DISPUTE RESOLUTION
Unless the laws of final users’ jurisdiction require that those laws apply, these General Terms and Conditions shall be governed and construed under the substantive laws of England and the courts of England shall have exclusive jurisdiction over any actions arising out of or relating to the General Terms and Conditions.