our general conditions of sale

The purchase of products offered on the website www.audeherouard.com is subject to these general terms and conditions of sale of the Site. AUDE HEROUARD products are exclusively intended to be sold to end consumers, whether individuals or legal entities, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer affirms that he is acting as an end consumer and that he does not intend to resell AUDE HEROUARD products for commercial purposes.

Any order on the site constitutes full and complete acceptance of the General Conditions of Sale by the customer who makes a purchase there.

AUDE HEROUARD may update these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale in force at the time of conclusion of the sales contract are those that are binding on you, and which are accessible from the order confirmation email.

In addition, with each purchase of Products on the site, it is implied that you accept these General Conditions of Sale in force on the date of placing your order. Said general conditions are visible before ordering.

3. Order Terms

The site allows you to order from the company AUDE HEROUARD a selection of products of the AUDE HEROUARD brand, immediately online via the Internet for delivery in France and abroad (see Article 8 “Delivery Terms”).

The site does not allow special orders to be placed, which consist in particular of the creation of a product that does not exist or no longer exists in the AUDE HEROUARD collection, or of the adaptation or customization of a product from the AUDE HEROUARD collections, and of the manufacture of the latter by AUDE HEROUARD. These General Conditions of Sale therefore do not apply to special orders.

4. Availability of Products

Our product offers and prices are valid as long as they are visible on the Site, within the limit of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same product by several customers. In the event of unavailability of a product after placing your order, we will inform you by email or telephone as soon as possible, offering you either to order another product presented on the site as a replacement, or to cancel your order.

AUDE HEROUARD shall not be liable in the event of stock shortages or unavailability of products for orders not yet accepted by AUDE HEROUARD.

AUDE HEROUARD reserves the right to change the products offered on the site at any time and without notice. In order to ensure better quality of service and availability of our products to all customers of the site, AUDE HEROUARD reserves the right to limit the quantity of products that can be purchased by a customer.

5. Order procedure

5.1. Selection of Products

At any time, you can add products to your selection by clicking on “Add to cart”.

You can view your selection by clicking on “My Cart” in the menu at the top right where the following will appear: the photo(s) of the product(s), its color(s) and reference(s), the quantity(ies) chosen, its unit price(s) and the subtotal of the selection.

5.2. Identification

After selecting the product(s), click on “order” to start the ordering process.

You will be prompted to fill in your email address.

The data recorded by the site constitutes proof of all transactions between AUDE HEROUARD and its customers. In the event of a dispute between AUDE HEROUARD and one of its customers over a transaction carried out on the site, the data recorded by AUDE HEROUARD are considered valid proof of the content of the transaction.

5.3. Validation of the order

5.3.1. Validation of the Delivery method

You will then need to, on the one hand, complete the Delivery information necessary for the correct dispatch of your order: country of dispatch, title, first name, last name, telephone number and Delivery address and, on the other hand, validate your Delivery method.

Once this step is completed, click on “Continue to payment”.

5.3.2. Validation of the payment method and payment of the order

You can use your Shipping address as your billing address or enter another one. You will then be prompted to select a payment method and enter the corresponding information.

At the end of the ordering process described above and after having accepted all of these General Conditions of Sale and Use of the site, click on the "Pay now" button. The sales contract will then be definitively formed.

You must carefully check the accuracy of your selection before confirming your order.

While every effort is made to ensure that the color and pattern of the products whose photos are displayed on the Site are faithful to the original products, variations may occur, in particular due to technical limitations of color rendering on your computer equipment. Consequently, AUDE HEROUARD cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site. If you have any questions about the products, you can contact us at this email address.

For more information regarding payment terms (currency, accepted payment methods, etc.), please refer to the article below “6. Prices – Accepted Payment Methods”.

Once completed, your order is sent to AUDE HEROUARD for processing.

AUDE HEROUARD reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if AUDE HEROUARD reasonably believes that this customer has breached these General Conditions or has engaged in fraudulent activity, or for any other legitimate reason.

5.3.3. Confirmation of the order

A summary of your order will then be sent to you by email. The acknowledgement of receipt will include the total amount of the order, information relating to the cost and delivery time, the essential characteristics, quantity and price of the Products purchased.

The customer formally accepts the use of email for confirmation by AUDE HEROUARD of the contents of the order.

We advise you to keep this acknowledgement of receipt on paper or electronic media.

You have access to this document at any time via my online customer area or upon request made to Customer Service by sending us an email to this email address ; and proof of your identity.

6. Prices – Accepted Payment Methods

6.1. Price

The prices of the Products are indicated in Euros, all taxes included. Except in cases of reimbursement made within the framework of the exercise of the right of withdrawal or for lack of conformity and hidden defects, AUDE HEROUARD will not reimburse the VAT applied to purchases made on the Site (even in the case where the buyer, after receipt, reships the Products to a country outside the European Union).

For sales made outside the European Union, customs clearance and payment of various duties or taxes are the sole responsibility of the Customer.

AUDE HEROUARD reserves the right to modify at any time and without notice the prices of the Products offered on the Site. The Products are invoiced on the basis of the prices displayed on the Site at the time of placing your order, subject to availability of the Products ordered at that time.

All orders are payable in Euros and must be paid immediately at the time of placing your order. In the event of unavailability of certain Products ordered (see Article 4 “Availability of Products”), only the price and transport costs relating to the available Products will be debited.

6.2. Accepted payment methods

The following payment methods are accepted: credit cards and bank cards (Visa®, MasterCard®) via the secure platform implemented by PayPal, STRIPE, ALMA (payment in 2 installments without fees).

In accordance with the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

Any order placed on the Site implies a guarantee on the part of the Customer that he/she has all the necessary authorizations to use the means of payment made available on the Site.

Your order will only be shipped after verification of your payment method and receipt of authorization to debit your card.

Your account will be debited when your order is shipped.

AUDE HEROUARD does not keep its Customers’ banking data.

7. Reservation of Title

The Products ordered remain the property of AUDE HEROUARD until full payment of the price by AUDE HEROUARD.

On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.

8. Terms of Delivery

8.1. Delivery Area

Delivery means the physical delivery of the Product to the Customer.

Products purchased on the Site can be delivered to France, Europe, and the rest of the world.

For reasons, particularly security reasons, AUDE HEROUARD will not process any order for which a poste restante, hotel, PO box or Cedex address is provided.

The Products are shipped to the delivery address you provided during the ordering process.

In the event of an error in the wording of the Customer's contact details, AUDE HEROUARD cannot be held responsible for the impossibility of delivering the product(s) ordered.

8.2. Transport costs

When entering the order on the site, the customer must choose the delivery method and the place of delivery.

Orders will be shipped within 2 business days (excluding weekends and public holidays).

Once your order is shipped, you will receive it within 3 to 5 working days for France and Europe and up to 10 working days for the rest of the world.

Metropolitan FRANCE

Delivery costs are free for Metropolitan France only.
Delivery methods:
Colissimo Relay Point: free
Colissimo home delivery: free

DOM-TOM

Shipping costs are payable for all overseas territories such as Guadeloupe, Martinique, Guyana, Reunion, Mayotte, Saint-Pierre-et-Miquelon, Saint-Martin, Saint Barthélemy. Other territories are included in the World.
Delivery Method:
TNT or FEDEX = 20€

EUROPE

Delivery costs are payable for all countries in the European Union (excluding mainland France and overseas territories).
Delivery methods:
TNT or FEDEX = 15€

WORLD

Delivery costs are payable for all countries in the rest of the world (excluding Europe)
Delivery methods:
TNT or FEDEX = 30€

8.3. Delivery Times

When AUDE HEROUARD takes charge of the delivery of the product, the risk of loss or deterioration of the product is transferred to the customer at the time of Delivery.

For any order placed on the site, AUDE HEROUARD undertakes to prepare the customer's order within 2 working days (excluding weekends and public holidays) and within a maximum of 10 working days during busy periods (Christmas, sales, etc.), it being specified that these deadlines only start from the validation of your order by our Customer Service.

Once your order is shipped, you will receive it within 3 to 5 working days for France and Europe and up to 10 working days for the rest of the world.

If delivery is not possible, AUDE HEROUARD will endeavour to find a secure location to deposit the product. Failing this, the product will be returned to the AUDE HEROUARD warehouse.

In order for these deadlines to be met, the customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

AUDE HEROUARD cannot be held responsible for any delay in delivery that is not its fault or justified by a case of force majeure (as defined below).

AUDE HEROUARD also reserves the right to split deliveries. The debit from your credit or payment card will be split in the same way to correspond to the price of the Products actually delivered. Transport costs will only be charged for a single shipment and in accordance with the information in your order summary.

For any questions, please contact our Customer Service by sending us an email to this email address .

9. Delivery Problems

Any defect or delay in Delivery, exceeding the Delivery times mentioned in Article 8 must be reported to our Customer Service as soon as possible by sending us an email to the email address. Any claim made after fourteen (14) calendar days after the date of validation of your order cannot be taken into account.

In the event of damage to the package and the product, the customer must

• Refuse the package which will then be returned directly to the sender
• Issue reservations upon receipt of the damaged package
• Make a complaint on the carrier's website

Without reservation on the part of the recipient, the carrier is not required to compensate. The recipient's claim will enrich the claim made by our services.

To make a complaint, contact us at this email address , indicating:

• Recipient Name
• Parcel tracking number
• Product designation
• Photos of the damaged package with the postage clearly visible
• Photo of the inside of the package
• Photo of damaged product

In the event of non-compliance with the delivery deadline, you can cancel the order, simply by email or registered letter with acknowledgment of receipt to the following address:

AUDE HEROUARD, 14 rue santeuil, 44000 Nantes, France

AUDE HEROUARD will then be required to reimburse you for all amounts paid, at the latest within fourteen (14) days following the date of termination of the sales contract. If you nevertheless receive the product after using this option, you must return it according to the return procedures provided for in Article 10 below.

You must check the conformity of the Products at the time of Delivery and indicate, in the form of handwritten reservations accompanied by your signature, any anomalies noted (open package, damaged product, etc.).

You must then contact Customer Service by sending us an email to this email address . In the event of non-conformity of the Products purchased or if they do not satisfy you, you can return them or request an exchange or refund under the conditions set out in Article “10. Right of withdrawal – returns, exchanges, refunds”.

10. Right of withdrawal – returns and refunds

10.1. Right and period of withdrawal

You have a legal right of withdrawal that you can exercise under the conditions provided for in Articles L.221-18 to L.221-28 of the Consumer Code.

The general return policy (for any request for refund or exchange) of AUDE HEROUARD allows you to withdraw within fourteen (14) days from the date of Delivery of the Products, without having to justify reasons and without having to pay a penalty. After this period, you will no longer be able to exercise your right of withdrawal.

10.2. Terms of exercising the right of withdrawal

You are not satisfied with the product. And you wish to return or exchange them before the expiration of the 14-day withdrawal period, you can send us an email indicating your contact details in order to be accompanied in the return process. You can also fill out the withdrawal form available by clicking here.

10.3. Consequence of the right of withdrawal

As part of the exercise of the right of withdrawal or in the event of non-conformity of the product, you can return the product(s) purchased by requesting a refund under the conditions described in Article 11 below.

11. Return, exchange and refund terms

11.1. Return procedure

As part of the exercise of the right of withdrawal, the products can be returned within 14 working days in their packaging (i.e. with the box, case, microfiber, soap), in their original condition, new, unworn.

FRANCE

The return of a product, in the event of a request for exchange, is free.
The return of a product, in the event of a refund request (i.e. €10 including tax which will be directly deducted from the refund). This does not apply to orders that have already arrived damaged.
In both cases, a request for returns or exchange must be made by email in advance. And the return of the package must be made with the return slip sent by AUDE HEROUARD.

EUROPE

The return of a product, in case of exchange or refund, is at your expense (i.e. the price paid for the shipment, which will be directly deducted from the refund). This does not apply to orders that have already arrived damaged.
A request for returns or exchange must be made by email in advance. And the return of the package must be made with the return slip sent by AUDE HEROUARD.

THE WORLD

The return of a product, in the event of exchange or refund, is your responsibility. (i.e. the price paid for shipping, which will be directly deducted from the refund) . This does not apply to orders that have already arrived damaged.
A request for returns or exchange must be made by email in advance. And the return of the package must be made with the return slip sent by AUDE HEROUARD.

Only products accompanied by the return slip and sent with the return label sent by AUDE HEROUARD can be processed.

Products returned incomplete, damaged, worn or soiled will not be refunded or exchanged.

11.2. Reimbursement

In the event of a refund request, the latter will occur within a maximum period of fifteen (15) days from receipt of the product(s) by AUDE HEROUARD. Once the products have been received, checked and accepted by our services, the refund of the products  will be made using the same payment method used when ordering. And under the conditions “11.1 Return procedure”.

Please note, however, that an additional delay may be applied by your bank when making the refund.

12. Legal guarantees

The Products sold by AUDE HEROUARD are subject to the legal guarantee conditions provided for by the articles of the Consumer Code.

• Legal guarantee of conformity

AUDE HEROUARD will deliver to you a product that complies with the contract and is free from defects in conformity, in the sense that the Product will be suitable for the use usually expected of a similar good and that it will have the characteristics presented at the time of sale. AUDE HEROUARD is also liable for defects in conformity resulting from the packaging.

AUDE HEROUARD may replace the non-compliant product. If replacement is not possible within one (1) month following the complaint or, if you request it with due justification, you may request a refund of the price of the product.

This warranty will only apply if you request it within two years of delivery of the goods. Any defects in conformity that appear within twenty-four (24) months of Delivery are presumed to have existed at the time of Delivery, unless proven otherwise.

• Legal guarantee against hidden defects

AUDE HEROUARD will provide you with a Product free of hidden defects that would make it unfit for the use for which it is intended, or that reduce this use so much that you would not have purchased it, or would have paid a lower price for it, if you had known about them. This warranty will only apply if you make the request within two (2) years from the discovery of the defect.

In the event of a hidden defect, you will have the choice of returning the Product and having the price and costs incurred by the sale refunded or of keeping the product and having part of the price refunded. In all cases, it will be up to you to prove that you meet the conditions of the guarantee.

In the event of a lack of conformity or hidden defects, you must return the Products to us at the following address:

AUDE HEROUARD, 14 rue Santeuil, 44000 Nantes, France

• Force majeure

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions of Sale, AUDE HEROUARD shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of AUDE HEROUARD or the Customer without compensation from either party. Failure to pay by the Customer cannot be justified by a case of force majeure.

13. Limitation of liability

Under no circumstances may AUDE HEROUARD be held liable for any damage which does not result from a failure by AUDE HEROUARD to fulfil one of its obligations.

14. Miscellaneous provisions

If one or more provisions of these General Terms and Conditions of Sale 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.

No tolerance, inaction or inertia on the part of AUDE HEROUARD may be interpreted as a waiver of its rights under the General Conditions of Sale.

15. Applicable law - Disputes

These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. However, in accordance with EC Regulation 593/2008 of 17 June 2008, these General Terms and Conditions of Sale do not prevent AUDE HEROUARD from complying with a provision that is more favourable to the Customer and which cannot be waived by agreement, under the law where the Customer has his habitual residence.

In the event of a dispute relating to the execution of an order, you have the option of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

AUDE HEROUARD has designated, by membership registered under number 52023/VM/2312, SAS Médiation Solution as a consumer mediation entity.

- Either by email to: contact@sasmediationsolution-conso.fr

To contact the mediator, the consumer must formulate his request:
- Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

- Either by completing the online form entitled “Contact the mediator” on the website https://www.sasmediationsolution-conso.fr

Whatever the means of referral used, the request must imperatively contain:
- The applicant's postal, telephone and electronic contact details

- The name, address and registration number with Sas Médiation Solution of the professional concerned

- A brief statement of the facts,
- Copy of the prior complaint
- All documents allowing the instruction of the request (purchase order, invoice, proof of payment, etc.)

These General Conditions of Sale are written in French. Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
- You can refer the matter either to the court of the place where you are domiciled or to the French courts,
- AUDE HEROUARD may refer the matter to the court of the place where you are domiciled.

In the event of any discrepancies between the French version and the English version of the General Conditions of Sale, the French version shall prevail.

General Conditions of Use

The website www.audeherouard.com is administered by the company AUDE HEROUARD, a simplified joint stock company with share capital of €1,000, whose head office is located at 3 route du sucre – 76450 Sasseville – France, registered in the trade and companies register under number 814 591 582 RCS Rouen.

The host of the website www.audeherouard.com is Shopify.

The publication director is Aude MAHÉ, legal representative of the company AUDE HEROUARD, who you can contact at this email address .

Use of the Site and purchases of products offered on the site are subject to these General Conditions of Use. By using the website www.audeherouard.com , you acknowledge having read, understood and accepted without reservation these General Conditions of Use. Similarly, by using the Site you acknowledge the confidentiality clauses of the Site.

AUDE HEROUARD may at any time modify and update these General Conditions of Use. The General Conditions of Use in force at the time of use of the site are those that are binding on you.

We advise you to keep yourself regularly informed of the conditions in force. You can consult the version of the General Conditions of Use in force at any time.

1. Personal data and cookies

The information collected about the Customer is subject to computer processing carried out by the company AUDE HEROUARD and is essential for processing the order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as necessary for the execution of the work ordered and any guarantees that may apply at the end of this work.

The data controller is Aude MAHÉ of the company AUDE HEROUARD, 3 route du sucre 76450 Sasseville.

Access to personal data will be strictly limited to employees of the data controller, authorized to process them due to their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the authorization of the Client being necessary.

In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. 2016/.679, the customer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights that he can exercise by contacting the data controller at the postal or email address mentioned above, attaching proof of his valid identity.

In the event of a complaint, the customer can contact the National Commission for Information Technology and Civil Liberties (CNIL).

All information in your Account is only used in the context of your business relationship with www.audeherouard.com . This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by PayPal or by the secure payment module of our partner STRIPE.

The Site uses cookies (connection witnesses) which the user is informed of when arriving on the website. These cookies make it possible to record information relating to the navigation of the computer on the website. These cookies are only installed after acceptance by the user, the continuation of navigation on the website being considered acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.

2. Intellectual property

All elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands, etc.) constituting the Site are the exclusive property of AUDE HEROUARD.

Except for the exceptions expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the site, or creating derivative works from it without the prior written consent of AUDE HEROUARD.

The trademark “AUDE HEROUARD”, all other trademarks and logos related to AUDE HEROUARD, registered or not, displayed on the Site, as well as the domain name “ audeherouard.com ” are and will remain the exclusive property of AUDE HEROUARD. Any reproduction, distribution, transmission, modification or use of these trademarks without the express prior consent of AUDE HEROUARD, for any reason whatsoever, is prohibited.

You may not remove any copyright, trademark or other proprietary rights notices from the Site or any content contained therein. You may make a single copy of the web pages published on the Site for your own private, personal, non-commercial use, provided that any copy of such web pages retains all copyright and other proprietary rights notices contained therein.

3. Links

The Site may contain links to third-party sites not edited or controlled by AUDE HEROUARD. Such links are provided solely as a convenience; they cannot and should not be interpreted as an express or implied endorsement of these sites, their content or any product or service offered there.

You may only establish a link to the Site with the prior, express written authorization of AUDE HEROUARD.

4. Limitation of liability

AUDE HEROUARD shall not be liable to you or any third party for any indirect, incidental, special or consequential damages - including, but not limited to, any loss of profit or other indirect loss - resulting from your use of the Site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.

5. No Warranty

AUDE HEROUARD cannot guarantee or affirm:

- That the Site is free of viruses, data-crushing programs, Trojan horses or other destructive material,

- That the information contained in the Site is accurate, complete or up to date.

The Site may contain technical inaccuracies or other defects, AUDE HEROUARD does not guarantee the correction of these defects. The Site and its content are presented "as is" and "according to availability". AUDE HEROUARD expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the Site or the suitability of the site for normal use or specific use, its quality or compliance with any legal provisions. This limitation of liability applies to the fullest extent permitted by law.

6. Applicable law - Disputes

These General Conditions of Use are governed by and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Conditions of Use are written in French.

In the event of a dispute relating to the use of the Site, you have the option of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.

In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:

- You can refer the matter either to the court of the place where you are domiciled or to the French courts.

- AUDE HEROUARD may refer the matter to the court of the place where you are domiciled.

AUDE HEROUARD reserves the right to request and obtain injunctions or orders for the defense of its rights under this agreement.

In the event of any discrepancies between the French version and the English version of the General Conditions of Use, the French version shall prevail.