1 – DEFINITIONS

The Site : This site, accessible at the URL https://auberlitys.com (the "Site"), is published by:

The Operator: Auberlitys, a simplified joint-stock company with capital of €1,500 euros, registered with the RCS of Créteil under number 951 983 733, whose head office is located at 110 rue de Fontenay 94300 Vincennes, intra-community VAT number: FR96951983733 – Phone: 0602116293.

The Publication Director of the Site is Aurélie Clarys.

The Operator can be reached at the following e-mail address: aurelie@auberlitys.com and at the following number: 0602116293.

The Customer : non-commercial natural person placing the order and holding full legal capacity.

The Order : commitment to purchase all the items selected by the customer via the site's e-commerce service.

2 – APPLICATION OF THE GENERAL CONDITIONS

The General Terms and Conditions of Sale (the “General Terms and Conditions of Sale”, or the “GTC”) are applicable exclusively to the online sale of products offered by the Operator on the Site.

The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The T&Cs are enforceable against the customer who acknowledges having read them and having accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Operator.

3 – DESCRIPTION OF PRODUCTS

The Site is an online sales site for Women's Ready-to-Wear (hereinafter the "Product(s)") open to any person acting as a consumer, i.e. any person natural person acting for purposes unrelated to his commercial, industrial, artisanal or liberal activity (the “Client”).

The Products presented on the Site are each the subject of a description (established by the Operator) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document.

4 – CREATION OF THE CUSTOMER AREA

When placing an order on the Site, the Customer may, if he wishes, create a personal account. Once created, to access it, the Customer must identify himself using his email address and his secret, personal and confidential password. It is up to the Customer not to communicate his password. Each Customer undertakes to keep the data strictly confidential and also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his identifier (address email) and/or password.

After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.

The Customer agrees when registering to:

deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so, to keep the registration data in order to permanently guarantee their real, exact and up-to-date character.

5 – ORDERS

The Operator strives to guarantee optimum availability of its Products. Product offers are valid within the limits of available stocks, or parts available for pre-order.

If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:

delivery of a Product of a quality and price equivalent to that initially ordered, or reimbursement of the price of the Product ordered no later than thirty (30) days from payment of the sums already paid.

With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and any delivery costs before paying for his order. Confirmation of the order entails acceptance of the GCS and forms the contract.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

The Customer does not respect the General Conditions in force when ordering; One of the Customer's previous orders is the subject of a dispute being processed; The Customer has not responded to a request for confirmation of his order sent to him by the Operator; The order relates to quantities of Products exceeding the normal needs of a consumer.

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address hello@auberlitys.com the Operator will provide the Client with a copy of the contract subject of the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.

Orders are open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is an order authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). The order is strictly personal to each Customer.

In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.

6 – TERMS OF PAYMENT AND SECURITY

The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.

The Operator uses online payment solutions by Credit Card & Paypal.

Orders can be paid using the following payment method:

Payment by credit card: Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Failure to debit the amounts due will result in the immediate cancellation of the sale.

Payment by electronic wallet (Paypal type): The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without communicating his bank details.

If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.

7 – PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

8 – RETENTION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until the full price has been received, including any shipping costs.

 

9 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier. For products available for pre-order, the times indicated include the manufacture of the products.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

10 – RIGHT OF WITHDRAWAL

In accordance with the regulations, the Customer has a right of withdrawal which he can exercise within fourteen (14) days of receipt of his entire order.

To exercise this right, the Customer must within this period inform the Operator of its decision, for example by e-mail to the address: hello@auberlitys.com.

The Customer will indicate the date of receipt of his order, his name and address, as well as the current date.

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

Returns are made to the following address: XXXXXXX, by colissimo delivered against signature.

Any returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories and within fourteen (14) days at the latest following the communication of the decision. of withdrawal.

The Operator undertakes to reimburse the Customer as soon as possible and at the latest within fourteen (14) days from the information of the Customer's decision to withdraw, the reimbursement may nevertheless be deferred until recovery by the Operator of the Products.

The reimbursement of the Products will take place according to the following terms:

The order is returned in its entirety: the Operator reimburses the price of the order, return costs to be borne by the Customer. The order is not returned in its entirety (the Customer keeps one or more Products ordered): the Operator reimburses the price of the returned Product(s), any shipping costs are not refunded and the return costs remain the responsibility of the Customer. The Product is returned due to the responsibility of the Operator: the Product, the shipping and return costs are reimbursed.

The refund may be made by the same means of payment as that used for the Customer.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

11 – CUSTOMER SERVICE

The Customer can contact the Operator:

by email by contacting hello@auberlitys.com indicating their name, telephone number, the subject of their request and the number of the order concerned; via the contact form available on the Site.

In the event of difficulty arising during the purchase of Product(s) on the Site, the Customer is invited to contact the Operator in order to reach an amicable settlement.

For orders made on the Site, you can also submit any complaints on the dispute resolution platform put online by the European Commission: http://ec.europa.eu/consumers/odr/ . The European Commission will transfer your complaint to the competent national mediators.

12 – INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

13 – RESPONSIBILITY

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Operator cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, a break in service, an external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with case law.

The hypertext links present on the Site in the direction of other resources present on the Internet network cannot engage the responsibility of the Operator. Indeed, the Operator has no means to control the content of these third-party sites, of which the Customer is expressly informed by virtue of these presents. Consequently, the risks associated with this use are entirely the responsibility of the Internet user, who must comply with the conditions of use specific to each third-party website.

4 – LEGAL GUARANTEES

All Products sold on the Site benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code, as well as the guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code.

When the Customer acts within the framework of the legal guarantee of conformity:

- he has a period of two years from delivery of the Product to act;

- he can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L. 217-9 of the consumer code;

- he is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the goods.

The Customer is reminded that the legal guarantee of conformity applies independently of any commercial guarantee granted by the Operator.

The Customer may also decide to implement the guarantee against defects in the item sold within the meaning of article 1641 of the Civil Code within two years of the discovery of the defect. In this case, the Customer can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

15 – PERSONAL DATA

15.1 PROTECTION OF PERSONAL DATA

The Customer is informed and accepts that his personal data may be collected on the Site and used by the Operator who acts as data controller within the meaning of Law 78-17 of January 6, 1978 relating to IT, Files et aux Libertés as modified on January 20, 2017 and as it will be modified by the General Regulation (EU) on data protection 2016/679 dated April 27, 2016 (hereinafter the “Data Protection Act”) .
The Operator undertakes to protect and ensure the security and confidentiality of the personal data of its Customers in accordance with the Data Protection Act, in particular by taking all useful precautions to prevent this data from being distorted, damaged or that third parties not authorized have access. It is specified that the Site is hosted by Shopify, Inc., which provides the Operator with an online e-commerce platform to sell products and services and that the Customer's personal data is stored via Shopify's data storage. , its databases, and the general Shopify application. Shopify stores this personal data on a secure server protected by a firewall. If the Customer is located in the European Economic Area, their personal data is processed by Shopify's Irish subsidiary, Shopify International Ltd.
In the event of a personal data breach, the Operator notifies the breach in question to the CNIL as soon as possible. If the violation of personal data is likely to create a high risk for the rights and freedoms of a Customer, the Operator informs the person concerned as soon as possible of the violation of personal data.
Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the Data Protection Act, intervene and contribute directly to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using his Account (identity, postal address, telephone number, email address). Subcontractors may only act on the instruction of the Operator.
Personal data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow the Operator to improve and personalize the services offered to Customers and to inform them of offers and commercial information in brand connection.
The Customer's personal data is only kept for the duration strictly necessary for the purposes previously explained. In particular, the Customer's personal data which is collected: for the purposes of managing Orders and relations with Customers and informing Customers cannot be kept beyond the period strictly necessary for the management of the commercial relationship. with the customer ; for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship with the Customer. The personal data of the non-customer prospect may be kept for a period of three years from their collection by the Operator or the last contact from the prospect.
If the Customer chooses a direct payment gateway to complete their Order, Shopify saves their credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). The data relating to the purchase transaction are only kept for the time necessary to complete the purchase transaction and are deleted as soon as the said transaction is completed.
All direct payment gateways follow the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is the result of a collective work between brands such as Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by Operator and its service providers. For more information, the Customer is invited to read Shopify's terms of use (https://www.shopify.com/legal/terms) or its privacy policy (https://www.shopify.com/ legal/privacy).
In accordance with the Data Protection Act, the Customer has a right of access, rectification and opposition to personal data concerning him and the right to lodge a complaint with a supervisory authority, the right to limitation of processing, the right to erasure of data and the right to data portability (hereinafter the "Computer Rights and Freedoms ").
To exercise one or more of the Computer Rights and Freedoms, the Customer must send a request by e-mail or by post to the contact details below, indicating his surname, first name, e-mail address and customer references:
Auberlitys
Customer service
XXXXX
Email: hello@auberlitys.com
Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specifying the reply address.
The response to the request made on the basis of one or more Computer Rights and Freedoms will be sent within 1 month of receipt of the request. the Operator may keep the data relating to identity documents, from the receipt of these documents, for one year for the exercise of the right of access and for three years for the exercise of the right of opposition.
The Customer can also access the information concerning him and possibly make the necessary corrections directly on the Site by going to his account.
The Customer may communicate to the Operator specific instructions in which he or she defines the way in which he or she intends to exercise, after his or her death, the Computer Rights and Freedoms in accordance with the Data Protection Act.

15.2 COMMERCIAL OFFERS AND NEWSLETTERS

The Operator is likely to send Customers information relating to the Articles and commercial offers by post, e-mail, sms, telephone or via all the web spaces run by the Operator on social networks, subject to prior acceptance.
The Customer has the option at any time to object free of charge to these commercial prospecting mailings: if by mail or by telephone, by making his request by means of an unambiguous declaration to the address e -mail hello@auberlitys.com or to the following address: XXXXXX; if by e-mail, by clicking on the "unsubscribe" link at the bottom of each e-mail; and if via all web spaces hosted by the Operator on social networks, by unsubscribing from the Auberlitys page.

15.3 COOKIES

When consulting the Site, information relating to Customer browsing may be recorded in “cookie” files installed on their terminal (computer, tablet, smartphone).
These cookies are issued with the aim of facilitating navigation on the Site and make it possible to recognize the Clients' browser when they are connected to the Site.
Cookies are only installed after acceptance by the Customer, continuing to browse the Site constitutes acceptance.
Most browsers accept cookies automatically, but the Customer can choose whether or not to accept cookies at any time from their browser settings, often located in the “Tools” or “Preferences” menu of their browser.
Any configuration implemented by the Customer will be likely to negatively affect its user experience and parts of the Site may no longer be accessible in their entirety.
The Site uses computer applications from third parties, which allow the Customer to share Site content with other people or to let these other people know his opinion concerning Site content (social networks such as Facebook, "Google +" , "Twitter", etc.). When the Customer consults a page of the Site containing a "Share" or "Like" button, his browser establishes a direct connection with the servers of the social network concerned. If he is connected to the social network during his navigation, the application buttons make it possible to link the pages consulted to his account. If he interacts by means of the plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account. If the Customer does not want social networks to link the information collected through the Site to his account, he must disconnect from the social network concerned before visiting the Site.
The Operator is in no way responsible in any capacity whatsoever for the content or operation of any of the social networks, including those which may be linked to the Site.

16 – GENERAL PROVISIONS

16.1. ENTIRE AGREEMENT OF THE PARTIES

These General Conditions of Sale constitute a contract governing the relationship between the Customer and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of the General Conditions of Sale were declared void pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions of Sale not to take advantage of a breach by the other party of any of the provisions of the General Conditions of Sale cannot be interpreted as a waiver of its part in availing itself in the future of such a failure.

16.2. CHANGES TO TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions of Sale.

The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.

The General Conditions applicable to the Customer are those available on the date of the order. It is therefore specified that any modification of the General Conditions that would be made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.

16.3. APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

16.4. ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions of Sale.

By ordering on the Site, the Customer confirms that he has read the General Conditions of Sale and accepts them, making him contractually bound by the terms of these General Conditions of Sale.

The General Conditions of Sale applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions of Sale which would be made by the 'Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order