Terms and Conditions of Sale
These General Conditions of Sale govern the commercial activity of AUGARGE TISM, SAS with a capital of 10,000 euros, whose registered office is at 48 rue de Rivoli — 75004 PARIS, registered with the RCS of PARIS under number 839 405 230 00013, telephone: +33 1 42 74 88 50, mail: contact@augarde.com
CLAUSE 1. SCOPE OF APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
In accordance with Article L 441-6 of the Commercial Code, these General Conditions of Sale (GTC) constitute the sole basis of the commercial relationship between the parties and apply to all orders placed on the website www.augarde.com
The publisher reserves the right to adapt or modify these general conditions of sale at any time.
In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
These general conditions of sale apply exclusively to physical people who are not traders.
SECTION 2. AWARD
The prices of our products are indicated in euros or in another currency in the event of a proposal on the website, all taxes included (VAT +other taxes) excluding participation in the processing and shipping costs. The prices of our products are public prices. In case of an order to a country other than metropolitan France, any customs fees or local taxes will be borne by the recipient. Augarde reserves the right to change prices at any time but agrees to apply the rates in effect displayed at the time of your order, subject to availability on that date. The products remain the property of Augarde until the full receipt of the price by Augarde. Payment is made before delivery of the products.
SECTION 3. AVAILABILITY OF PRODUCTS
Our product offers and prices are valid as long as they are visible on the website. Upon receipt of your order, we check the availability of the product (s) ordered. In case of unavailability, we undertake within 30 days of the validation of the order either to deliver the ordered product within the limit of available stocks or to refund it to you by recertification of your credit card.
The order registration date corresponds to the date of payment by credit card online with our partner’s secure payment terminal.
In the event of a shortage of stock on one of the products in your order, we will ship the rest of your order, accompanied by an update to your order upon its preparation.
SECTION 4. ORDER VALIDATION AND ELECTRONIC SIGNATURE (ELECTRONIC SIGNATURE ACT OF 13 MARCH 2000)
Any order validated by a click on the validation button implies the irrevocable adherence to these general conditions of sale.
The “double click” associated with authentication and non-repudiation procedures and the protection of message integrity constitutes an electronic signature.
This electronic signature shall be valid between the parties in the same way as a handwritten signature.
SECTION 5. PAYMENT METHODS AND SECURITY
Payment for your purchases is made in cash.
Cash payment by credit card
You can make the payment by credit card: in this case, the payment is made on our partner’s website. This means that no bank information about you transmits through the Augarde website. Payment by credit card is therefore perfectly secure. Your order will be recorded as soon as payment is accepted by the bank. You can pay online with confidence by entering your credit card number, expiration date and security code on the back of your credit card in the designated slots.
Your credit card details are encrypted using SSL (Secure Socket Layer) and never transmits unencrypted over the network. Payment is made directly to the bank. Augarde does not have access to these contact details, nor does it keep them on its servers. This is why you are asked for them every new transaction on our website. For security reasons, we activate the 3D-Secure device for all orders over 100 euros.
Payment in 3 or 4 times by card, free of charge is a service reserved for private individuals living in metropolitan France, which allows you to make a payment in three or four times and to purchase your item from the first payment; without extra charge or interest.
Cash payment by PayPal
You can pay via PayPal system for all orders.
Cash payment by wire transfer
Payment of the order can be made by wire transfer: in this case, the bank details of Augarde will be displayed on the payment page to be able to print and store them carefully. After this step, the order can be validated, and the formalities will be settled directly with the bank to make the transfer.
Once the transfer has been received and confirmed, the order can be withdrawn according to the choice chosen at the time of the online order.
The transfer must reach Augarde within 7 working days, otherwise the availability indicated at the time of the order will no longer be guaranteed, Augarde will notify the customer of the new delivery time if necessary. If the transfer does not reach Augarde within 7 days, the order will be cancelled automatically.
SECTION 6. DELIVERY METHODS
6.1 Order Preparation Time
All Augarde products except for exceptions being in our warehouses, your orders are prepared within 48 working hours after receipt of your payment by credit card or 21 days in case of payment by cheque or bank transfer, you must add shipping times.
Orders placed on a Saturday, Sunday or public holiday will be processed on the following business day.
The product ordered is delivered to the address shown on the order form. In the event of an error in the entry, including an incorrect or incomplete delivery address, Augarde cannot be held responsible for the consequences in terms of delay or failure of delivery. All costs related to the forwarding of the products due to a customer input error will be borne exclusively by the customer.
The customer is informed that Augarde reserves the right to choose the most suitable mode of transport according to the nature of the product, its weight and its volume. Delivery times cannot be guaranteed in the event of force majeure, in particular in the event of strikes or disturbances related to road transport, as defined by the case-law. Delivery times do not take into account any procedures for checking the customer’s payment that would delay the shipment of his order.
Delivery times may not exceed 30 working days after the date of validation of the payment by the Customer.
The delays are deadlines from warehouse.
Augarde cannot be responsible for delays in delivery due to unavailability of the customer.
The services will be performed at Augarde or at another location indicated in the catalogue. All details will be forwarded to the customer.
6.2 Delivery Tracking
After payment has been validated, you will be assigned an order number. Your order is then saved. We recommend that you print the order number and keep it. You can follow the steps of its processing at any time in your “My Account” customer area.
The Customer must provide a valid email address, failing which Augarde cannot be responsible for the consequences arising from it. The customer must ensure that their details are updated in the Customer area.
6.3 For shipments of goods by a carrier
Delivery is made using a door step delivery and not an inside delivery.
6.4 Delivery rates
The customer is informed that he is charged in proportion to the weight and volume of the products purchased. The cost of shipping includes, in particular, the costs of packing and shipping by carriers.
The fees are automatically calculated as soon as a product is added to the shopping cart based on a delivery in Metropolitan France. The customer can freely consult the invoicing and the carrier associated with his products.
The final calculation of shipping costs for other (foreign) destinations is made after the delivery country has been entered on the delivery address.
6.5 Countries delivered
At present we deliver Metropolitan France and the rest of the world except in special cases.
SECTION 7. RESPONSIBILITIES
Augarde cannot be held liable for failure to perform the contract concluded in cases of fortuitous and force majeure as defined by law and case law.
The choice and purchase of a product is the sole responsibility of the customer.
The company Augarde has, for all the steps of access to the site and ordering process, only an obligation of means. Augarde cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a breakdown of the service, an external intrusion or the presence of computer viruses, or for any fact deemed force majeure, in accordance with the case-law.
SECTION 8. RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21 of the Consumer Code, the customer has a period of 14 days to exercise his right of withdrawal. The starting point of the delay is the day of receipt of the last product ordered, by the customer or a third party whom he has expressly designated. If this period normally expires on a Saturday, Sunday or a public or non-working holiday, it shall be extended until the first following working day.
To exercise his right of withdrawal, the customer may return the product (s) concerned in their original packaging, complete (accessories, instructions…) in perfect condition to the address Augarde, 48 rue de Rivoli 75004 PARIS, within 14 days of receipt of the last article, the postmark being authentic. In order to expedite the processing of your return, Augarde thanks the customer to attach to the package the duly completed return slip or by writing on a note indicating the order number and his willingness to exercise his right of withdrawal. Items returned incomplete, damaged, damaged or soiled by the customer are not returned. Refund will be deferred until the goods are received.
In case of exercise of the right of withdrawal within the aforementioned period, Augarde will reimburse the customer the price of the product (s) purchased and the shipping costs (within the limit of the amount corresponding to the cheapest standard shipping method offered); the return costs remain the responsibility of the customer.
For all customised products (e.g. engraving, customization…) the customer cannot exercise his right of withdrawal.
SECTION 9. RETURN AND REFUND
9.1 Time to return an item
The customer has a period of 14 days from the end of the withdrawal period indicated in article 8 to return the item (s) not suitable to him, subject to compliance with the conditions set out below.
9.2 Return condition
Unless defective product, all returned products (watches, cufflinks, winders…) must be new and in their original packaging intact and without writing.
No returns will be accepted and therefore no refund will be made if the returned products have been visibly damaged by the customer and the damage or damage renders the product unfit for sale.
9.3 Terms of return and refund
In case of simple return (including withdrawal):
For the purpose of receiving your return correctly and in order to speed up the processing of your return, please send your request by email via the return form available on the website.
Augarde will then have 14 days from the receipt of your withdrawal decision to proceed with the refund, using the same method of payment.
Augarde will also have the option to postpone the refund until the product is received.
In all cases, in the event of a return of one or more items subject to a promotional offer or sales, the refund amount will be the amount shown on the invoice attached to the package.
In case of return of defective product:
The customer can return a defective product to Augarde at the following address:
Augarde
48 rue de Rivoli
75004 PARIS – FRANCE
Prior to this return, the Customer must contact Augarde via the contact form on the website.
In the event of a return of a defective product, after recognition by Augarde of the defect of the product, Augarde will reimburse the customer all costs incurred, the price of the item (s) concerned, the shipping costs and the return costs.
Any other defect in the product will be covered by the commercial warranty and/or legal warranty, as specified in Article 10 below.
SECTION 10. WARRANTIES AND SERVICES
In the event of non-compliance or defect of the delivered product, the customer must inform Augarde Customer Service, which undertakes to correct the problem as soon as possible. In particular, by directing the customer to the correct after-sales service, depending on the nature of the product and the supplier.
Any warranties granted by the manufacturer will be available from Augarde upon request.
In order to make use of the commercial guarantee, it is up to the customer directly to the manufacturer’s consumer service as specified on the product sheet. The customer can also request any information from Augarde.
In order to benefit from the commercial warranty, it is imperative to keep the invoice for the purchase of the product and all the accessories of the product.
Warranty exclusions will be indicated by the manufacturer.
In any case, you may benefit from the manufacturer’s commercial warranty, but also from legal guarantees that the goods comply with the contract and from hidden defects in accordance with the legal provisions. The provisions of this article do not prevent you from enjoying the right of withdrawal.
SECTION 11. INTELLECTUAL PROPERTY
All elements of the Augarde website, whether visual or sound, are protected by copyright, trademarks or patents. They are the exclusive property of the company Augarde. As such, and in accordance with the provisions of the Intellectual Property Code, only its use for private use is permitted, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the Augarde website is strictly prohibited unless previously agreed.
SECTION 12. COMPLETENESS
In the event that one of the clauses of this contract is null and void by a change of law, regulation or by a court decision, this shall in no way affect the validity and compliance with these general terms and conditions of sale.
ARTICLE 13. DURATION
These conditions apply for the entire period of online posting of the services offered by Augarde.
ARTICLE 14. EVIDENCE
The computerized records, kept in the computer systems of Augarde and its partners under reasonable conditions of security, will be considered as evidence of communications, orders and payments between the parties.
ARTICLE 15. RETENTION AND ARCHIVING OF TRANSACTIONS
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
SECTION 16. LITIGATION
These conditions are subject to French law.
In the event of a dispute, Augarde and the customer will try to resolve the dispute amicably. If the transaction fails, only the French courts will have jurisdiction.
SECTION 17. CUSTOMER SERVICE AUGARDE
For any information or question, Augarde Customer Service is at the disposal of the customer:
— electronically via the contact form at the bottom of the page.
For any e-mail correspondence that follows, please do so with the email address you use for your customer account. This allows faster processing of your request.
— by phone on +33 1 42 74 88 50 (from 9am to 5pm from Monday to Friday)
— by post:
Augarde
48 rue de Rivoli
75004 PARIS
For order tracking only/ a question related to after-sales service: you can log in to your “My Account” customer area and then go to the contact form.
ARTICLE 18. COMPUTER PROVISIONS AND FREEDOM
Augarde reserves the right to collect data about the user, in particular through the use of cookies. Subject to your consent, we may, for business reasons, transmit to a business partner the identity and contact details of the users of the services. The user is informed that this automated processing of information, in particular the management of users’ email addresses, has been the subject of a declaration to the CNIL under the number 1994252 of 28 September 2016.
In accordance with the law n° 78-17 of 6 January 1978 relating to data processing, files and freedoms, you have the right to access, modify, rectify and delete data concerning you. We offer you the opportunity to exercise these rights by contacting us and giving us your surname, surname, address and your reference Augarde at the following address: Augarde 48 rue de Rivoli 75004 Paris or by mail contact@augarde.com
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