General terms and conditions of sale and delivery of Audasud.fr

§ 1. General

Your contracting party for all orders placed within the framework of this online offer is Audasud, whose head office is located at 8 avenue Victor Hugo, 34200 Sète, France, association Loi 1901 listed in the National Directory of Associations (RNA) under number W343028581, represented by Jean-Renaud Cuaz (Chairman) and hereinafter referred to as “Audasud”.

All deliveries from Audasud to the customer are made on the basis of these general conditions of sale and delivery. These are the basis of all offers and agreements between Audasud and the client and are considered accepted for the duration of the entire business relationship. Contrary or deviating conditions of the buyer are only binding if Audasud has accepted them in writing.

§ 2 Responsibility for the online offer

(1) The audasud.fr store is available on the Audasud platform. This boutique is created and operated by Audasud (“Audasud boutique”). Audasud works with supplier shops created and operated by online merchants (“partner shops”). Information on the merchants of each store is visible on the "Mandatory information" link of each store.

(2) Audasud is responsible for the items and patterns offered in the "Audasud store" and for the arrangement of the store as a whole.

(3) Only the store manager is responsible for the articles and designs offered in a "partner store" as well as the formatting of the store and the promotion of the items offered. Audasud explicitly declares that it does not endorse the content of the store manager insofar as they do not comply with the regulations of these GTC and / or the GTC for partners. This is particularly valid with regard to merchants' breaches of the undertaking to use these Audasud conditions of sale vis-à-vis end customers exclusively in its store.

§ 3 Conclusion of the contract

(1) The “offers” which appear on the website represent a non-binding invitation to the customer to order from Audasud.

(2) By sending the completed order form on the internet, the customer agrees to conclude a sales contract or a business contract. Before final sending, the customer has the possibility to check the conformity of his data on an overview page and, if necessary, to correct them. To order, the following languages ​​are currently available: French, English.

Subsequently, Audasud sends an order confirmation to the customer by e-mail and checks the legal and effective feasibility of the offer, in particular the possible infringement of the protected rights of third parties. This order confirmation does not represent acceptance of the offer, but must only inform the customer that Audasud has received their order.

The contract is only concluded when Audasud ships the ordered product to customers and confirms the shipment to them with a second e-mail (shipping confirmation). Order details are also available online at www.audasud.fr under "My orders", in the user's profile.

(3) With regard to § 2 (3), it is not possible for Audasud, as a platform provider, to check all printed patterns drawn by customers or online traders in advance of possible violations of the law. Audasud reserves the right to refuse orders placed within the legal reception period if it becomes aware or there is a suspicion, in the context of the ordering process, that third party rights or legal provisions are being infringed by a printed reason.

(4) The contract is concluded subject to punctual and complete delivery. This reservation is not valid in the event of last minute difficulties in delivery or if Audasud is not responsible for non-delivery, in particular if Audasud fails to perform a matching hedging transaction. The customer is immediately informed of the unavailability of the service. The consideration will be refunded if it has been provided by the customer.

§ 4 Delivery / Shipping

(1) In principle, delivery is made within three weeks of receipt of the order confirmation by the customer. The delivery dates and times are only contractual insofar as they have been expressly confirmed as such by Audasud in written form.

(2) Delivery all over the world. For more information on delivery, visit www.audasud.fr/boutique.

(3) Delivery is made by a shipper of Audasud's choice. Fixed shipping costs, which may depend on the value of the order and the place of delivery, are the responsibility of the customer.

(4) If delivery is exceptionally not possible within the period, indicated above (1), of three weeks after the conclusion of the contract, Audasud will inform the customer in writing. The customer has a right of termination, which he must immediately exercise in written form.

§ 5 Prices

(1) For orders placed in Europe, Switzerland, Liechtenstein, Monaco and the Isle of Man, the prices indicated are the final prices. They include all legal taxes in force, including VAT in particular. The delivery address determines the amount of these taxes.

(2) For orders placed outside Europe (except for Switzerland, Liechtenstein, Monaco and the Isle of Man) and those made in European territories where VAT is treated differently (cf. Art. 6 Directive 2006 / 112 / EC), all prices quoted are gross prices. The delivery address determines the amount of these taxes. If the legal provisions of the receiving country provide for VAT liability, the latter is to be paid by the customer upon receipt of the items. Import duties, customs clearance fees, other charges and taxes, which the customer must pay upon receipt of the goods, may also apply.

(3) The shipping costs are the responsibility of the customer. Their amount depends on the value of the order and the place where it must be delivered.

§ 6 Payment

(1) The customer has the option of paying for his order by direct debit (in SEPA form), credit card, bank transfer or other means of payment. Audasud reserves the right to limit the choice of the means of payment available to the customer according to the value of the order, the region of dispatch or any other relevant criterion. In the event of payment by direct debit (in SEPA format), Audasud notifies the customer of the debit that will be made on his account. Once the order has been placed, this pre-notification is sent as part of the order confirmation (see § 3 paragraph 2). The direct debit will be made at the earliest one day after the sending of the pre-notification if the banking establishment managing the customer's bank account is established in France, or at the earliest 5 days after the sending of the pre-notification if its banking establishment is established in another country.

(2) Insofar as the method of payment chosen by the customer is not feasible on Audasud's side, despite the contractual performance, in particular because a debit from the customer's account is not possible, for lack of this account is funded or because of false information, the customer must reimburse the additional costs thus caused to Audasud or to the third party responsible for the execution.

(3) Audasud is authorized to use reliable third parties in the execution of payment for services.

a) In the event of late payment on the part of the customer, Audasud may assign its claims to a collection office and transmit to third parties the individual data necessary for the execution of the payment.

b) In the event of recourse to third parties in the execution of the payment, the payment is only considered as completed with respect to Audasud when the amount has been made available to the third party in accordance with the contract, so that the third party can dispose of it without Reserve.

(4) Therefore, the customer accepts to receive electronic invoices only. Invoices will be sent to the customer by e-mail in PDF format.

§ 7 Retention of title

(1) The goods remain the property of Audasud until the settlement of the debts due to it. If the customer is a merchant within the meaning of the French Commercial Code, Audasud retains ownership of all delivery items until receipt of all payments from the business relationship.

(2) The customer agrees to treat the goods carefully until ownership is passed to him.

§ 8 Guarantee

(1) The indications, drawings, technical data, descriptions of weights, measurements and services which appear in the leaflets, catalogs, circulars, announcements and price lists are for information purposes only. Audasud assumes no warranty as to the accuracy of these indications. Regarding the mode and extent of delivery, only the information contained in the order confirmation is decisive.

(2) Insofar as there is a warranty defect, the customer is entitled within the framework of the legal provisions to demand compensation for defects, to withdraw from the contract or to reduce the purchase price.

(3) In the case of returns due to defects, Audasud also bears the shipping costs.

(4) According to the current state of the art, data communication via the Internet cannot be guaranteed to be fault-free and / or available at all times. Therefore, Audasud is not responsible for the constant and uninterrupted availability of the online offer.

(5) The rights of the customer under the warranty presuppose that the customer, in so far as it is a merchant, has honored their verification and reprimand obligations due under the French Commercial Code.

(6) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the client is an entrepreneur, then the limitation period is one year.

§ 9 Limitation of liability

(1) In addition, Audasud's liability is determined by legal provisions, insofar as nothing else is specified in these general conditions of sale and delivery. As such, Audasud has unlimited liability for damages only in the event of gross negligence. In addition, Audasud is fully liable in the event of slight negligence for damage resulting from injury to life, body or health. In the event of slight negligence and breach of an essential contractual duty (fundamental duty), Audasud's liability to repair the foreseeable and characteristically caused damage is limited. Under French product liability law, liability remains unaffected by previous regulations.

(2) Insofar as Audasud's liability under these general conditions of sale and delivery is excluded or limited, this also applies to the personal liability for damages of employees, employees, collaborators, representatives and auxiliaries of Audasud.

§ 10 Information on the right of withdrawal for consumers

Right to retract

You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the last good.

To exercise the right of withdrawal, you must notify us (by mail: Audasud, 8 avenue Victor Hugo, 34200 Sète, France, or by e-mail: contact [at] audasud.fr) your decision to withdraw from this contract by means of an unambiguous statement. You can use our model withdrawal form, but it is not mandatory. For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of your withdrawal from this contract, we will reimburse you for all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a method delivery other than the cheaper method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you.

We may defer reimbursement until we have received the item or until you have provided proof of shipment of the item, whichever is the earlier. You must return or return the goods to us without undue delay and, in any event, no later than fourteen days after you have communicated to us your decision to withdraw from this contract. This period is deemed to have been met if you return the goods before the expiration of the fourteen day period. You will have to bear the direct costs of returning the goods. These costs are estimated at a maximum of around EUR 10. You are only liable for the depreciation of the property resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this property.

Model of withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

* For the attention of Audasud, 8 avenue Victor Hugo, 34200 Sète, France, email: contact [at] audasud.fr

* I / We (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract for the sale of the property below

* Ordered on ... / received on ...

* Name of consumer (s)

* Address of the consumer (s)

* Signature of consumer (s) (only if this form is notified on paper)

* Date

(*) Delete the unnecessary mention.

 11 Copyright on printed designs

(1) The customer agrees not to use and exploit the designs printed on the products he has received from Audasud. These designs created by CUAZDESIGN remain the property of Audasud. Any possible violations of copyright, personality or name rights are the sole responsibility of the customer.

§ 12 Technical and design differences

In the execution of the contract, we expressly reserve ourselves from deviations from the descriptions and indications of our leaflets, catalogs and other written and electronic documents as to the nature of the fabric, the color, the weight, the size, the design or the similar characteristics, so far as these are acceptable to the purchaser. Reasons for modification may result from commercial fluctuations and technical production rhythms.

§ 13 Data protection

Audasud processes individual customer data according to established criteria and in accordance with legal provisions. The personal data provided for ordering goods (such as name, e-mail address, postal address, payment data) are used by Audasud for the execution of the contract. These data are treated confidentially by Audasud and are not communicated to third parties involved in the ordering, delivery and payment process. The customer has the right, on request, to receive free information on the individual data recorded on him by Audasud. In addition, he has the right to rectify inaccurate data, to delete and to erase his personal data, provided that there is no legal custody obligation.

§ 14 Dispute resolution

The European Commission makes an online dispute resolution (OS) platform available, which customers can access here: https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

§ 15 Jurisdiction - place of performance - choice of law

(1) The place of performance for all deliveries is Audasud's head office in Sète.

(2) Insofar as the online trader is a trader within the meaning of the French Commercial Code, a legal person governed by public law or a mutual fund governed by public law, Sète is the place of jurisdiction. In this case, Audasud is also authorized to take legal action against the online merchant in the court of his domicile, at Audasud's choice. This also applies in the event that the online trader does not have general jurisdiction in France, transfers his domicile or his usual place of residence abroad after termination of the contract or his domicile or his usual place of residence is unknown. during the summons.

(3) In accordance with these general conditions of sale and delivery, the contract is exclusively subject to French law. The application of United Nations trade law is excluded. If the online trader is a consumer within the meaning of the French Civil Code and his usual place of residence is abroad, the mandatory provisions of this state remain unchanged.

(4) If some provisions of these general conditions of sale and delivery are invalid or contradict the legal regulations, this will not, moreover, call into question the contract.

Version 03/2021