General Sales Terms
Article 1 Preamble:
1.1 - The Website
The website www.avel-and-men.com is run by the Company CHALAKO&CO SAS.
1.2 - Company Standing and Purpose
The company "CHALAKO&CO SAS", 25 rue de Kerdelvas, 29840 Porspoder, is registered in the Companies and Trade Register (RCS) of Brest, Finistère, France under the registration number 818042251.
1.3 - Purpose of These Sales Terms – Mutual Obligations
The purpose of the General Terms herein is to define the rights and obligations of the parties concerning the selling online of goods and services offered to the client by Avel & Men.
The General Sales Conditions herein have been translated into English from French and outline the obligations and rights respective to the client and to Avel & Men.
For this purpose, the acknowledges their complete acceptance to all stipulations provided for herein. Likewise, Avel & Men agrees to uphold its obligations under the terms herein.
In accepting these general terms, you agree to uphold the requirements herein.
1.4 - Definitions
A “client” refers to any legal or physical person placing an order on the Avel & Men website pursuant to the General Terms herein. Each order carried out by a client under the conditions provided for herein shall be referred to as an “order”.
Customer Service is available from 9:00am to 6:00pm CET Monday through Friday by email: firstname.lastname@example.org
All requests will be processed as soon as possible.
Article 2 Overview:
2.1 - Contract and coming into force of the general conditions of sale
Pursuant to the French law on confidence in the digital economy of 21 June 2004, any order validated by the client with a “double click” constitutes the client’s acceptance to the General Terms herein and the validity of the sale. The client may not request a cancelation of the agreement for reasons of nullity as provided for in the French civil code.
2.2 - Agreement Duration
The General Sales Terms are entered into for the time it takes to deliver the goods and services subscribed to until the end of their warrantees.
Article 3 Products:
3.1 - Product Description and Information
The products offered by Avel & Men conform to French law in force and to applicable standards in France.
Avel & Men strives to a maximum to display essential product documentation and technical characteristics.
However, there may be discrepancies between the pictures shown of the product and the product received, due to time differences, due to how the picture was taken, but they nonetheless conform to the products sold.
In the event that an error occurs in the product description (photographs, text, graphics, information or characteristics), Avel & Men may only be held responsible for this error if it constitutes substantial consumer consent issues.
3.2 - Availability
Avel & Men agrees to honor the orders received within the limits of available stock.
If a product is not available, Avel & Men may in no way be held responsible nor may the client be entitled to any to losses or damages.
However, Avel & Men agrees to inform the client of this as quickly as possible and to offer the client a similar product in the same price level and with the same characteristics, a reimbursement or even purchase credit towards any item in the Avel & Men catalog.
If the client opts for a reimbursement, Avel & Men will try its hardest to reimburse the client within a deadline of 30 days from the date Avel & Men informs the client of the product’s unavailability. In the event that this delay is extended for reasons outside of Avel & Men’s HANDS, the client may not file claims against it.
3.3 - Exceptions
Products sold on the website are delivered within 7 working days; however, for custom-made products, manufacturing and delivery time frames are 4 weeks.
Any delivery delay of more than 30 days will entitle the customer to a full reimbursement of the product’s price upon their request.
Article 4 Prices:
4.1 - Composition et validité
The prices of products sold on the website are indicated in Euros with all taxes included minus fees for shipping, warranty and related services WHEN APPLICABLE and are valid as displayed on the product description documentation.
For any products shipped outside of the European Union and French Overseas Departments and Territories, the price will be calculated minus taxes automatically on the invoice. Custom duties and other local taxes or import duties or state taxes are likely to be enforced. Chalako&Co ASA is not and may not be held responsible for these duties and amounts. They remain at your expense and you are entirely responsile for them both in regards to declarations and payments that must be made to compotent authorities of your country. We suggest you inform yourself of these aspects with your local authorities.
We reserve the right to change the prices at any time, but we agree to apply the prices listed at the time you placed your order.
4.2 - Fluctuations
Avel & Men holds the right to carry out promotional operations and discounts on prices.
These price markdowns will only be effective during the specified time of a promotional operation w dont la durée est limitée dans le temps ou plus longue.
The effective price is the price displayed at the time the order is placed.
These promotional offers in no way entitle the customer to return their product when the deadline conditions of Article 10 below are not met, nor will these offers entitle the customer to reimbursement.
4.3 - Errors
All prices communicated have a contractual value unless in the event of clear typographical errors.
If an error does arise, Avel & Men will contact the customer to notify them of a potential error on their services and will remind them that the order will be billed under corrected conditions.
This error is considered an “obstacle error” by French judges. In other words, not intending to have our product sold at such a price, our error poses an obstacle to the joint intenrions of the parties, the agreement can no longer be considered valid.
However, in the event that the corrected conditions are refused, the customer reserves the right to cancel the corrected order without incurring any penalities.
Article 5 Order:
5.1 - Legal capacity
Only legally capable persfdons are able to enter into agreements on the services offered on the site and purchase the goods tdfhereon.
les personnes juridiquement capables de souscrire des contrats concernant les biens et les services proposés sur le site peuvent commander sur le site Avel & Men
This refers to adults of legal age who are neither under guardianship or wardship.
While the order is being processed, the customer guarantees their full legal capacity to uphold the General Terms herein and thereby enter into the agreement herein.
For card payments, the client guarantees that they are fully authorized to use said card and that such card allows Access to the funds required to cover the cost necessary for PROCESSING the order.
5.2 - Personal Information
The customer must verify all information entered throughout the entirety of their order (product ordered, shipping address, billing address, telephone numbers, etc.).
5.3 - Order processing
Orders are processed in the order in which they are effectively received.
Avel & Men agrees to process all orders within the stock available.
The orders may only be operees according to their availability.
The deliviers are only operres according to their availability and in the order of arrival, which may be carried out at the same time or in portions.
In the event several items are ordered, Avel & Men may send each item in separate packages, which will incur the payment of frais de port for each package received.
5.4 - Orders not processed
Avel & Men may not be held liable for the non-performance of an agreement in the event of stock-outs or product inavailabilities, from a force majeure, from a pertubation or a total or parital strike, including in particular postal services and transportation , communications (network failures, etc.), floods, fires etc.
Avel & Men may not be held liabile, towards the client or to third parites, for any indirect damage, any loss of profit or chiffre d’affaires or for any loss of data of any kind whatsoever, even if such damage or loss is foreseeable to Avel & Men or even if the potential for such an act to arise has been brought to its attention.
Avel & Men holds the right to refuse any order from a client involved in a current or past litigation and agrees to inform such customer of this through mail and/or email.
Article 6: Payment Validation
6.1 - Purpose
Once payment has been verified, Avel & Men will send the package to the customer’s address.
6.2 - Terms
In order to limit the risk of fraud and to protect the interests of its clients, Avel & Men may sometime have to carry out inspections on the validity of payments made.
In the event of an inspection, the customer will be notified by email of the evidentary documentation needed on their part (by email or by postal mail) to allow Avel&Men to validate and process the order.
After such an inspection:
Avel & Men holds the right to accept or reject the order.
In the event that the evidentary documentation is not received within 48 hours, Avel & Men holds the right to reject the order.
In the event that the documentation is received yet deemed non-compliant, by Avel & Men serivces, the Company holds the right to reject the order.
Article 7 Payment:
7.1 - Sécurité des paiements
For transaction security, Avel & Men uses a secure payment interface.
Customers’ bank account itnformation is encrypted on their own computer then securely send to the sever of Avel & Men’s bank. This process uses SSL encryption technology, one of the most used and the securest. One payment has been verified, data on the order is destroyed and does not remain on the bank’s sever. This is why Avel & Men will ask for your information with each new order
7.2 - Modalités de paiement
When the customer choose home delivery, the customer has the option of PAYING for the order in several ways:
Online payment with bank card (Blue Card, VISA, Eurocard/Mastercard);
For online payments with a bank card, the customer must provide the type of their payment card, the card number, expiration date and CVC code.
The customer guarantees that they are completely authorized to use said card and that the card has access to the fund necessary to cover all costs incured through their order.
7.3 - Invoice
The customer’s invoice is sent by email upon confirmation of the order.
7.4 - Default of payment
Avel & Men holds the right to suspend or close a customer’s account if a contravention to the stipulations of the General Sale Terms herein is detected.
Any person whose account has been suspended or clsoe may not order off the site wihout prior authorization from Avel & Men.
In particular, Avel & Men holds the right to refuse to ship an order or to complete an order from a client who has not completely paid for a previous order or part of an unresolved litigation.
Article 8: Delivery
8.1 - Delivery
Goods delivered will remain the exclusive property of Avel & Men until complete payment of the price has been cleared, with the possibility of interests being incurred.
Unless otherwise stated, delivery costs are always on the customer.
The products are necessarily delivered to the address specified by the customer when placing the order. Therefore Avel & Men advises the client to ensure the accuracy of the information provided while ordering for the delivery of the order.
If the customer can not be present at the address indicated on the day of delivery, a delivery notice is deposited in the customer's mailbox. It is then up to the customer to withdraw its order at the post office and, within 10 days after receiving the notice.
After this period of 10 days, the product is sent back by post to Avel & Men.
If the customer has entered an incorrect address when ordering, the Post Office will be unable to make delivery and the product will be automatically returned to Avel & Men.
If the client decides to request a new delivery, it must be paid before the goods are sent again, the client must contact the customer service.
8.2 - Delivery process.
Upon delivery of the product, the customer must unpack the product in the presence of the carrier. It must then verify the compliance of the order delivered in the presence of the carrier before signing the delivery note.
In case of issues concerning the delivery, the customer must indicate its reserves as detailed handwritten comments, dated, explicit and accompanied by his signature on the delivery note. These anomalies can be:
Product damaged: scratches, bumps, shocks ...
Nonconforming product in kind (reference error, color ...) or quantity ...
In case of non-compliance, the client must refuse the package and must promptly send its complaint on the day of delivery to the Avel & Men customer Service by email (email@example.com) and by registered post to the following address: Chalako&co SAS, Customer Service, 25 rue de Kerdelvas, 29840 Porspoder, France.
Any claim made within a reasonable time after the appearance of apparent conformity defects may be rejected without recourse for the customer. The absence of complaints, non-expression of reservations by the customer mean that the product delivered is deemed satisfactory and will be subject to subsequent dispute. For example, the client may not issue reserve at Avel & Men after the departure of the carrier, even if the package has not been opened in the presence of the carrier.
8.3 - Delivery
Deliveries are made by different specialized carriers depending on the nature of the product described in the order.
Avel & Men undertakes to deliver the products within 5 working days if in stock, or within 4 weeks for custom products.
In case of non delivery of an order or of part of an order, the customer has a period of sixty (60) days from the date specified for delivery of the order to notify customer service. Upon expiry of this period, no complaint by the client will be admissible, that is to say, any request for exchange, refund or credited will be rejected.
Article 9 Return, exchange and right of retractation:
9.1 - General
Possibility to cancel the order it is sent:
The customer has a right of withdrawal he may exercise within 24 hours of placing the order by informing the customer service. If the product is in order preparation, shipping costs will not be reimbursed.
In other words, it is possible for the customer to cancel the order until it has been sent.
However, once it has been sent, it will no longer cancel the order, but will benefit from the right of retraction, and pay the return shipping charges.
Otherwise, the provisions of Article L 121-20 of the Consumer Code apply.
Right to retract
Pursuant to Article L 121-20 of the Consumer Code, the customer has a right to withdraw his order within 14 days of receipt of the goods, with no obligation to stipulate a reason or to pay a penalty. The customer can thus obtain the right to return a product that does not suit him, without penalty.
The right of withdrawal may be exercised in line with the withdrawal form available on the website Avel & Men, in which case a receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing willingness to withdraw.
Upon exercise of the right of return by the customer and in accordance with Article L. 12120 of the Code of consumption, the cost of delivery and the cost of order returns are at the customer's expense.
The right of withdrawal does not apply for custom products that can not be returned.
9.2 - Procedure to return a product
To exercise the right of return, the customer must contact first the customer service by email stating that he wishes to exercise his right of withdrawal in the subject line of the email. The customer service will give the customer a return number.
The customer has to go to his post office and ship (at its cost) the order to the address communicated to him by Avel & Men. The customer must return the good(s) within 15 days so that Avel & Men receive the product.
The exchange (subject to availability) or reimbursement will be made within 14 days of the receipt by the Seller of the Products returned by Customer in accordance with this section.
When the order is sent back due to a mistake made by Avel & Men or non-compliance of the product, the customer service has to support the return costs.
If the order was delivered by a carrier, the return of the product will be provided by the same carrier at the customer's expense unless the return is due to an error of Avel & Men or non-compliance of the product. To organize the return, the customer must arrange an appointment with the carrier.
The product must be returned to Avel & Men in perfect condition (ready to be sold again) ie respecting the conditions of return set out below:
- In its exact original condition
- Inside the package which must be intact
- With all accessories attached thereto
- In perfect working order
- With no trace of use
- With its instructions
The products must be accompanied by the return number provided by Avel & Men and a copy of the sales invoice that has previously been included in the delivery.
The risks of loss and damage associated with returning the product, whatever the cause, is the responsibility of the client. If the product is lost by the carrier during the return, the customer is solely responsible and will not be reimbursed by Avel & Men.
Upon exercise of the right of return in accordance with the terms hereof, the customer will be proposed a voucher for future purchased or a refund, excluding the postage costs paid by the customer.
The shipping costs are only reimbursed to the Client if the return is due to a mistake of Avel & Men. If the customer chooses a refund, Avel & Men will make every effort to refund the customer within 30 days of the date of receipt of the returned product. If this period is exceeded for reasons beyond its control, Avel & Men cannot be held responsible by the client.
If the customer is refunded by re-crediting the credit card used for the purchase, the delay is variable: in the case of a debit card, the current account is generally credited within 3 to 8 days according to the bank; in the case of a deferred debit card, credit appears at the end of month to the account credit card and not on the current account. If the repayment is longer, the customer must contact his own bank.
If the product fails to be returned to Avel & Men within rhe period and conditions stipulated in Article 9.2, the customer will neither be refunded nor get credited. In this case, the customer can request the product to be sent back by emailing the Avel & Men customer service. Avel & Men will send the product as soon as possible. The shipping cost will be paid by the customer in advance by credit card.
9.3 - Exception to the right of withdrawal
The right of withdrawal can not be exercised for following products :
- goods made to the consumer's specifications or clearly personalized;
Art 10 - Seller Liability - Warranty
10.1 Legal Guarantees
Products sold on the website comply with the regulations in France and performance consistent with non-professional uses.
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 apparently defective, spoiled or damaged or not corresponding to the order,
- The legal guarantee against hidden defects from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use,
under the terms and conditions defined in the Annex to these Terms and Conditions (Compliance Guarantee / Warranty Defects Hidden).
To assert his rights, the Customer must notify the Seller in writing of the non-compliance of products within a maximum period of 2 years from the delivery of products or the existence of hidden defects within a maximum of 2 years following their discovery.
The Vendor will refund, replace or repair the Products will or warranty parts deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts.
Repayments of non-compliant or defective products will be deemed made as soon as possible and at the latest within 2 years following the finding by the Seller of the lack of conformity or hidden defects.
Reimbursement will be made by crediting the Client's bank account or by check sent to the customer.
Seller's liability shall not be incurred in the following cases:
- Non compliance with the legislation of the country where the products are delivered ( it is up to the Customer to check prior to ordering),
- In case of misuse, use for professional purposes, neglect or lack of maintenance by the Client, as in case of normal use of the product, accident or force majeure.
The guarantee of the Seller is in any case limited to replacement or refund of non-conforming products
10.2 Limited Warranty is provided
Products purchased on the website can benefit, in addition to legal guarantees of conformity and hidden defects a paid contractual guarantee of a period of year one.
Contractual warranties cover "Enumeration contractual guarantees" excluding "Enumeration not covered by contractual guarantees situations."
Art 11 Law:
11.1 - Jurisdiction
The General Terms of Avel & Men will be executed and interpreted according to French law.
Any dispute which may arise in connection with the validity, interpretation or execution will be submitted to the courts the jurisdiction of the ordinary courts.
In the event that any provision of the general conditions would be considered illegal or unenforceable by a court, the other provisions of the said conditions remain in effect.
Article 12 Data Protection:
The information collected by Avel & is necessary to process appropriately the order placed by the Customer.
In accordance with the Data Protection Act 78-17 of 6 January 1978, the customer has a right to access, rectify, oppose and delete personal data concerning him by writing a letter, with proof of identity, to: AVEL & MEN, 25 rue de Kerdelvas 29840 Porspoder, France.
Avel & Men informs its customers that the computerized processing of information, including management of users' email addresses, was the subject of a declaration No. º 1214051 to the CNIL.
By accepting these Terms and Conditions, the customer consents to the use by Avel & Men, of personal data concerning him.