General Terms and Conditions of Sale
Preliminary Article
The merchant site www.americanvintage-store.com hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet, open to all cs of this network. It is published by the limited liability company AARON (hereinafter referred to as "the Company"), with a capital of 150,000 Euros (€), whose registered office is located at Parc d'Activités de Signes, 84 Allée de Stockholm, 83870 Signes, France, registered in the Toulon Trade and Companies Register under number 439 224 544. Intra-community VAT number: FR36 439 224 544.
The Site allows the Company to offer for sale textile products (clothing), leather goods and associated accessories bearing the brands operated by the Company (hereinafter referred to as the "Articles"), to Internet users browsing the Site, natural persons who are not merchants and who are consumers or non-professionals acting for their personal needs (hereinafter referred to as the "Client(s)").
Any order of an Item offered on the Site implies the Customer's prior and unreserved acceptance of these general terms and conditions of sale, which prevail over any other document. Any Internet user can read the general terms and conditions of sale on any page of the Site. The Customer declares that he/she has read these general terms and conditions of sale and has accepted them by ticking the box provided for this purpose before starting the online ordering procedure.
The general terms and conditions of sale applicable to the order are those in force on the date the order is placed. The Company reserves the right to modify these terms and conditions at any time. These modifications are published by their posting online and are deemed to be accepted without reservation when the Customer accesses the Site after their posting online. In the event that one of the clauses of these general terms and conditions of sale should be null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general terms and conditions of sale, nor call into question the validity of the other provisions, which shall continue to apply.
Date of last modification: 5th september 2024
Article 1 - Scope of application
The general terms and conditions of sale are applicable without restriction or reserve to all the Items offered for sale on the Site.
The present general conditions of sale are applicable exclusively to the sale of Items offered for sale on the Site and concluded at a distance through the intermediary of the Site directly by a Customer or via the Customer Service, meeting the legal definition of consumer or a non-professional acting for his personal needs, with a view to delivery to the said Customers or to any third party of their choice who is also a consumer.
For any information or complaint, the Company can be contacted directly via its Customer Service.
Customer Service can be reached Monday to Friday from 9:00 am to 6:00 pm (GMT Paris:
By telephone (cost of a local call):
(+33) 4 98 07 00 27 from France, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Croatia, Norway, Malta, Cyprus, Hong Kong SAR China and Singapore,
(+44) 3 306 840 940 from United Kingdom,
(+353) 1 513 4840 from Ireland,
(+32) 23 18 37 30 from Belgium,
(+31) 10 808 10 42 from The Netherlands,
(+352) 2 786 14 78 from Luxembourg,
(+45) 89 88 62 04 from Denmark,
(+46) 31 308 82 42 from Sweden,
(+358) 94 245 0707 from Finland,
(+49) 30 982 89 166 from Germany,
(+43) 720 88 48 18 from Austria,
(+41) 225 19 27 99 from Switzerland,
(+48) 58 881 00 83 from Poland,
(+420) 228 882 576 from Czech Republic,
(+34) 912 69 39 63 from Andorra and Spain,
(+351) 308 805 745 from Portugal,
(+39) 05 5062 0299 from Italy,
(+30) 211 198 51 68 from Greece.
By e-mail: contact@americanvintage-store.com
By fax to (+33) 4 94 07 61 06
By post to the following address:
American Vintage,
Parc d'activités de Signes,
84 Allée de Stockholm,
83870 Signes – France
The Company's Customer Service and shipping departments will be exceptionally closed on the following dates:
- 1 January - New Year's Day
- Easter Monday
- 1 May - Labour Day
- 8 May - Victory in 1945
- Ascension Day
- Whit Monday
- 14 July - Bastille Day
- 15 August - Assumption Day
- 1 November - All Saints Day
- 11 November - Armistice Day 1918
- 25 December - Christmas Day
Article 2 - Item Information and Limitation of Liability
2.1. Information on the Articles
The essential characteristics of the Articles and in particular the specifications, origin, illustrations and dimensions of the Articles are presented on the Site. The Customer is obliged to read them before placing an order. The choice and purchase of an Article are the sole responsibility of the Customer.
The Customer must refer to the description of each Article in order to know the essential properties and particularities. The information on the Site is as accurate as possible. However, the photographs and other reproductions of the Articles are indicative only and have no contractual value.
Colours - The Company, in charge of the administration of the contents, in order to always better meet the expectations of its Clients, does its best to display as accurately as possible the colours of the products appearing on the Site. The colours perceived by the Customer depend on the computer screen, so there is no guarantee that this display is accurate. The Client may obtain further information by contacting the Company's Customer Service Department by telephone.
2.2. Limitation of liability
Neither party may be held responsible for the non-performance of any of its obligations if the poor performance of the contract is due to the other party, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure, as defined by Article 1218 of the Civil Code and by case law.
In particular, the Company shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service or failure of the Client's connection to the Site.
The party whose performance of the obligation is rendered impossible shall inform the other party of such an act of God or force majeure within seven (7) days of its occurrence and shall be entitled to suspend the performance of its obligation until the event of force majeure has ceased. Should this suspension continue beyond a period of fifteen (15) days, the other party shall have the option of terminating the current order.
Article 3 – Ordering Items
3.1. Conditions of the order of the articles
To place an order on the Site, the Customer must be of legal age, have the legal capacity to contract and acquire the Articles and be the holder of a bank card (Visa - MasterCard - Carte Bleue - American Express - Maestro, other blue cards), Apple Pay, Google Pay or a PayPal account, to the exclusion of any other means of payment.
The sale of Items on the Site is exclusively reserved for the sale to individuals acting for their personal needs. Under no circumstances may the Site be used by professional sellers, alone or in groups, regardless of the way in which their products are marketed (notably Internet marketplaces, shopping malls, intermediaries, physical shops). The Company therefore reserves the right to refuse orders for more than fifteen (15) quantities of an Article of the same reference, colour and size.
The Company shall be entitled to refuse any order placed by a Client with whom there is a dispute relating to the payment of a previous order. If the Company finds that the order does not comply with these general terms and conditions of sale, it will inform the Client by telephone or e-mail within a maximum of six (6) days. If the Client fails to correct any elements that are erroneous or contrary to these general terms of sale, the Company reserves the right to cancel the order outright.
3.2. Ordering via the Internet
All the steps necessary for the sale will be specified on the Site, the Customer will have the possibility, before definitively validating his order, to check the details of his order and its total price and to correct any errors, before confirming it to express his acceptance. This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the sales contract. It is therefore up to the Customer to check the accuracy of the order and to report any errors immediately.
From the moment the Client has validated his/her order, the Company will acknowledge receipt of the order without delay and by electronic means. The sale will only be considered final after the Company has sent the Client confirmation of acceptance of the order by e-mail and after the Company has received the full price.
In the event of prolonged inactivity during the connection, the selection of the Articles chosen before this inactivity may no longer be guaranteed. The Customer will be invited to resume his selection of Items from the beginning.
3.3. Ordering by phone
Orders may be received by telephone by the Company's Customer Service Department, which will confirm the order directly through the Site.
Article 4 – Availability of Products
Orders will be accepted while stocks last. To this end, the Customer is informed of the availability of each Article on the information page of the Site at the time the order is placed. If, despite the Company's vigilance, the Items ordered are no longer available, the Company will inform the Client by e-mail as soon as possible. No debit corresponding to the unavailable Item(s) will be made to the Customer's bank account in the event of the unavailability of one or more Items. Only items shipped will be charged. Most of the Items displayed on the Site are available in selected retail shops in Europe and in foreign markets, subject to availability. In some cases, merchandise offered for sale on the Site may not be available for sale in retail shops.
Article 5 – Confidentiality of Personal Data
The personal information collected by the Company is processed by the Company for the purposes of order execution, management of the Client relationship and prospecting. This information may also be transmitted to and used by the Company's service providers for the purpose of conducting customer satisfaction surveys.
In accordance with the French Data Protection Act of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018 on the protection of personal data and the provisions of EU Regulation 2016/679 of the European Parliament and of the Council, known as the "RGPD", the Customer has, in particular, a permanent right of access, opposition, oblivion, limitation of processing, data portability and rectification of personal data concerning him. In this respect, the Company invites the Client to consult the Personal Data which describes the conditions under which this right may be exercised.
The Company may send the Client its commercial offers by e-mail, SMS, telephone if the Client has agreed to this and by post if the Client has not objected to this at the time of collection of his/her data. At any time, the Client has the possibility of objecting, free of charge, to the Company's commercial canvassing by clicking on the "unsubscribe" link in each e-mail, by logging on to the site in his Client area, by sending an e-mail to the Company's Client Service at contact@americanvintage-store.com or by sending a letter to the Company's address mentioned at the top of this document.
Article 6 – Proof of Order
E-mails will be considered as proof between the parties as well as the automatic recording systems used on the Site, notably as to the nature and date of the order.
Article 7 – Price of Items
Unless otherwise stated, the prices displayed on the Site appear in Danish Kroner (DKK), Norwegian Kroner (NOK), Swedish Kroner (SEK), Czech Kroner (CZK), Hong Kong Dollar (HKD), Singapore Dollar (SGD), Euro (€), Swiss Franc (CHF), Pound Sterling (£), or Złoty (Zł) depending on the currency of the Customer's country of order and access to the Site; and are expressed inclusive of all taxes (TTC), exclusive of any participation fee.
In accordance with the applicable rules and regulations, any purchase made through the Site is subject to Value Added Tax (VAT). As such, the applicable VAT will be that in force in each Member State where the Articles are to be delivered in accordance with the purchase orders.
The prices invoiced are those in force on the date of the order. The Customer is informed that prices are subject to change. The Customer is therefore invited to pay attention to the price in force at the time of the order and which is mentioned on the Site when the Article is placed in the shopping basket.
The amount of the transport costs relating to the delivery of the Articles will be automatically displayed on the Site at the time of the validation of the shipping method chosen by the Customer and will be communicated again to the Customer at the time of the confirmation of his order by e-mail. The payment requested from the Customer corresponds to the total amount of the purchase, including delivery costs.
Confirmation of the price paid and the delivery costs charged to the Customer in the form of an invoice in Danish Kroner (DKK), Norwegian Kroner (NOK), Swedish Kroner (SEK), Czech Kroner (CZK), Hong Kong Dollar (HKD), Singapore Dollar (SGD), Euro (€), Swiss Franc (CHF), Pound Sterling (£), or Złoty (Zł) currency is available to the Customer in their personal account accessible from the Site.
The dates of the sales vary from country to country. The Customer may contact the Company's Customer Service Department by e-mail to obtain more information about the sale dates in a particular country.
Final summer offers dates, terms & conditions:
- Luxembourg: starting 21/07/24 at 00:00 until 31/08/24 at 23:59 - France: starting 24/07/24 at 00:00 until 31/08/24 at 23:59 - Andorra, Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hong Kong, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom : starting 31/07/24 at 00:00 until 31/08/24 at 23:59 Up to 50% off on the spring/summer 2024 collection (exclusions apply) and up to 65% off on a selection of outlet pieces, maximum discount applied on the base price, while stocks last. Terms & conditions may change at any time (technical issues beyond our control notwithstanding). Offer applicable in all countries where americanvintage-store.com website delivers to (excluding the USA). Terms & conditions may change at any time (technical issues beyond our control notwithstanding).Article 8 – Payment Terms
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following methods: by bank card: Visa, MasterCard, American Express, Maestro, other credit cards, by phone, by PayPal, by Apple Pay, by Google Pay.
The amount due is the amount shown on the order confirmation page displayed to the Customer at the time of payment.
A payment authorization must be confirmed, unless the server is unavailable, immediately by Internet - by credit card - by PayPal account (the Customer will be automatically redirected to his PayPal account).
The Customer will be debited after the order has been prepared and before it is shipped.
To this end, the Client confirms to the Company's Customer Service Department when ordering by telephone, and guarantees to the Company when ordering via the Internet, that he/she is the holder of the bank card and that the name appearing on the bank card to be debited is his/her own, and then communicates by telephone, or in a secure environment via the Internet, the number and expiry date appearing on the front of his/her bank card as well as the visual cryptogram numbers appearing on the back (or front) of his/her bank card.
In the event that, for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debit of the sums due by the Customer proves impossible, the sale made by telephone or Internet will be immediately cancelled and the Internet purchase process cancelled. The Company may not be held liable in this respect.
The Customer can download his invoice from his personal space in the "My Orders" section, which will be put online as soon as his order is shipped.
The transfer of ownership of the Company's products to the Client will only take place after full payment of the price by the latter, regardless of the date of delivery of the said products.
Article 9 – Securing Transactions
In order to ensure optimal security of transactions for its Customers, the Company has chosen for its online shop www.americanvintage-store.com the secure payment systems of the companies Adyen and PayPal. Both payment platforms allow the security of the Customer's banking data thanks to their encryption. The Company does not at any time have the Client's bank details.
The guarantees granted by the Company in terms of transaction security are identical to those obtained from its payment system publishers. When paying (with 3D Secure or PayPal), the Customer may be redirected to a secure authentication page.
When placing an order by telephone, the Customer must provide an operator with the number and expiry date shown on the front of his or her bank card and the visual cryptogram numbers shown on the back (or front) of his or her bank card.
All our operators are subject to a confidentiality clause and cannot repeat these elements aloud. The data provided by the Customer will not be recorded at any time by the operator.
Once the payment is registered, the guarantees of the secure payment systems of Adyen and PayPal will apply as for a "classic" payment.
The Company may carry out credit checks with agencies to verify the identity and personal details of the Client indicated at the time of ordering. In order to do this, agencies will need to check the Client's personal details against any database (public or otherwise). The Company may also use the Customer's personal information in its fraud prevention and detection efforts. Placing an order means that the Customer accepts these conditions.
Article 10 – Delivery
10.1. Home delivery
The Customer must ensure that the order includes a telephone number where he/she can be reached, as well as his/her exact address, including floor, building, digicode, etc.
The delivery of the Articles will take place after the payment of the order amount has been registered. Packages are shipped with the delivery note, the shipping confirmation of the order sent by e-mail will be the proof.
Except during sales or promotional periods, all validated orders will be prepared and dispatched to the delivery company on the next working day (except for express deliveries). In the event of an unusual delay, the Company will send an e-mail to the Client.
10.1.1. Standard Delivery
Delivery in France (including Monaco)
Standard delivery is made via the Colissimo Service of La Poste within two (2) to four (4) working days (excluding Saturdays and public holidays) from the date of dispatch. It will be charged at a single flat rate of five (5) euros (€) including VAT (Standard delivery offered for purchases over €100*).The package will be handed over to the Customer against signature at the delivery address indicated on the order confirmation. In case of absence, the specific provisions of the carrier will apply.
In the event that the Post Office is unable to deliver the package (no contact despite a notice of passage, wrong address), the package will be returned to the Company. The Company will contact the Client by e-mail to inform them of the reason for the non-delivery. Depending on the case, the Company will confirm the delivery address with the Client and confirm a new delivery date. Any unsuccessful delivery (wrong or incomplete address, wrong name on the intercom, etc.) will result in additional time being taken to process the order and reship it.
Export delivery to the following countries only: Austria, Belgium, Cyprus, Croatia, Denmark, France (DOM-TOM), Estonia, Finland, Germany, Greece, Hong Kong SAR China, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal (including Azores and Madeira), Spain (including Balearic Islands and Canary Islands), United Kingdom (including Guernsey, Jersey and Man) Singapore, Slovakia, Slovenia, Sweden, and Switzerland
Standard delivery is via UPS / Colissimo de La Poste (France, Luxembourg and Switzerland only) within two (2) to four (4) working days (excluding Saturdays and public holidays) from the date of dispatch*. The package will be delivered during the day (between 9am and 6pm) from Monday to Friday. No deliveries can be made to post boxes.*The Company draws the attention of its customers to the possible extension of this delivery time for Norway, the United Kingdom and Switzerland, since it does not control the time required for customs controls. The Customer is invited to contact the carrier and/or the customs authorities for further details on the time limits in the event of an inspection.
The package will be delivered against a signature at the delivery address indicated on the order confirmation, unless specific arrangements have been made by the Customer directly with the carrier. In case of absence, the specific provisions of the carrier will apply.
It will be invoiced in foreign currency according to the shipping costs indicated below:
Country of delivery | Shipping costs incl. VAT |
---|---|
DOM-TOM | 13,00 € * |
Euro-Zone (excluding France) Austria, Belgium, Cyprus, Croatia, Estonia, Finland, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain |
€ 8,00 € * |
Denmark | DKK 59 ** |
Poland | ZŁ 35,00 **** |
Czech Republic | CZK 220,00 ***** |
United Kingdom | £ 10,00 (excluding Guernsey, Jersey and Isle of Man: £7) ****** |
Sweden | SEK 71 ******* |
Switzerland | CHF 10,00 ******** |
*Free standard delivery for orders over €100.
**Free standard delivery for orders over DK 750.
****Free standard delivery for orders over ZŁ 450.
*****Free standard delivery for orders over CZK 2 600.
******Free standard delivery for orders over £ 135.
*******Free standard delivery for orders over SEK 950.
********Free standard delivery for orders over CHF 120.
10.1.2. Express delivery
Express delivery is carried out via the UPS Saver service.
All orders placed before 2pm (GMT Paris, Monday to Thursday, excluding public holidays), will be prepared and dispatched the same day, and delivered to the Customer within one (1) working day of the dispatch date.
Any order placed after 2pm (GMT Paris, Monday to Thursday, excluding public holidays), will be prepared and dispatched the next day, and delivered to the Customer within one (1) working day from the date of dispatch.
The package will be delivered during the day (between 9am and 6pm) from Monday to Friday. No deliveries can be made to post boxes.
*The Company draws the attention of its customers to the possible extension of this delivery time for Norway, the United Kingdom and Switzerland, since it does not control the time required for customs controls. The Customer is invited to contact the carrier and/or the customs authorities for further details on the time limits in the event of an inspection.
The package will be delivered against a signature at the delivery address indicated on the order confirmation, unless specific arrangements have been made by the Customer directly with the carrier. In case of absence, the specific provisions of the carrier will apply.
Express delivery will be charged in foreign currency according to the following shipping costs:
Country of delivery | Shipping costs incl. VAT |
---|---|
France* | € 13,00 |
Austria, Belgium, Cyprus, Croatia, Estonia, Finland, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain | € 25,00 |
Denmark | DKK 185,00 |
Hong Kong SAR China | HK$ 150,00 ** |
Norway | NOK 250,00 *** |
Poland | ZŁ 110,00 |
Czech Republic | CZK 650 |
United Kingdom | £ 22,00 |
Singapore | SG$ 30,00 **** |
Sweden | SEK 71 |
Switzerland | CHF 10,00 |
*No express delivery: Canaries, Jersey, DOM-TOM
**Free standard delivery for orders over HK$ 1 500.
***Free standard delivery for orders over NOK 1 500.
****Free standard delivery for orders over SG$ 400.
10.2. Exceptional closure - Delivery times
The Company undertakes to use its best efforts to deliver the Items ordered by the Client within the time limits specified in articles 10.1 above.
In particular, the Company informs the Client, who expressly accepts this when placing an order, that certain exceptional closures of the delivery service, in addition to the closures for public holidays referred to in Article 1 hereof, remain possible and may thus impact the Company's ability to meet the delivery deadlines indicated in these General Terms and Conditions of Sale. The dates of these exceptional closures are not known in advance.
In any case, if the ordered Articles have not been delivered within thirty (30) days after the date of conclusion of the sales contract, for any other reason than force majeure or the fact of the Customer, the sale can be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 and L 216-3 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Article 11 – Right of Withdrawal and Return of Items
11.1. Right of withdrawal
The Company intends that Customers who are not satisfied with the items ordered should be able to exercise the right of withdrawal provided for in Article L221-18 of the Consumer Code under the best possible conditions.
Thus, the Customer may exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) calendar days from the date of receipt of the items by the Customer or a third party, other than the carrier, designated by the Customer.
The Client exercises his right of withdrawal by informing the Company of his decision to withdraw by sending, before the expiry of the fourteen (14) day period referred to in the previous paragraph, the Withdrawal form provided by the Company or any other unambiguous statement expressing its wish to withdraw at the following address:
American Vintage - AARON SARL,
Parc d'activités de Signes,
84 Allée de Stockholm,
83870 Signes,
France.
The right of withdrawal can also be exercised online, using the withdrawal form available onthe Site, in this case, an acknowledgement of receipt on a durable medium will be immediately sent to the Client by the Company.
11.2. Return of purchased items in case of exercising the right of withdrawal
The Client must return the Articles to the Company, at the latest within fourteen (14) days following the communication to the Company of its decision to withdraw, to the following address:
American Vintage - AARON SARL,
Parc d'activités de Signes,
84,Allée de Stockholm,
83870 Signes,
France.
Each item must be returned in its original packaging, in perfect condition (unworn, unwashed, unstained), complete (accessories, instructions, labels, hygienic protection, etc.) and accompanied by the withdrawal form or return form, duly completed and signed.
The reimbursement of the totality of the sums paid for the returned Article(s), including delivery costs to the Client, will be made according to the method of payment for the Articles used at the time of validation of the order within fourteen (14) days following the date of receipt of the request for withdrawal from the Buyer or, if this date is later, (i) the date of receipt by the Company of the Items returned by the Client or (ii) the date on which the Client provides proof of dispatch of these goods (the date taken being the first of these two events). In the event that the Customer returns only some of the Items ordered and not all of them, the delivery charges will not be refunded.
It is the Customer's responsibility to keep all proof of return, which implies that the items are returned by registered mail or by any other means that gives a certain date to this sending. The cost of returning the goods shall in any case be borne by the Customer.
In the event of depreciation of an Item resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, (in particular for Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been worn or used), the Company reserves the right to refuse to refund or exchange the damaged Item (unless it is a defective Item), which will be returned to the Customer. The Company will not issue any refund if the Items returned by the Customer do not correspond to the Item(s) ordered or have a different origin than the Company's Online Shop.
Items purchased online cannot be returned directly to the shop.
In the event of a complaint, the Client may contact the Company through its Customer Service Department.
11.3. Extended returns during the festive season
During the festive season, deadline for returning items has been exceptionally extended to January, 31st. Customers may return to sender any purchases made between November, 24th and December, 31st.
Conformity - Warranty
12.1. Legal guarantees
The Articles supplied by the Company are automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for apparently defective, damaged or damaged products or products that do not correspond to the order when the item is delivered,
- the legal guarantee against hidden defects in the item sold that render it unfit for the use for which it was intended, or that reduce this use to such an extent that the purchaser would not have acquired it or would have paid a lower price for it if he had known about them.
Under the conditions and in accordance with the terms and conditions set out in the box in the appendix hereto (Warranty of Conformity / Warranty of Hidden Defects), it is recalled that within the framework of the legal warranty of conformity, the Customer:
- has a period of two (2) years from the delivery of the goods to take action against the Company ;
- may choose between repairing or replacing the product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code thus,the seller may not proceed according to the Customer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
- is exempt from proving the existence of the lack of conformity of the goods, which is presumed to exist during the twenty-four months following the delivery of the Article, unless proven otherwise. For goods sold second-hand, this period is set at six months.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the product.
The Customer may also decide to invoke the guarantee against hidden defects in the products in accordance with article 1641 of the Civil Code in this case, the Customer may choose either to terminate the sale or to reduce the purchase price in accordance with 1644 of the Civil Code.
12.2. How to return items
The Company asks its Clients not to accept a damaged package (envelopes or cardboard boxes with visible traces of opening and/or deterioration) and to refuse it. All packages leave the Company's warehouse in new condition and must be delivered in the same condition.
The Client must inform the Company as soon as possible (7 days) by e-mail at contact@americanvintage-store.com of any non-conformity of the Articles delivered or to contact the Customer Service. The Customer must return the Articles complete (accessories, instructions, labels, hygienic protection, etc.) and accompanied by the return form duly completed and signed to the following address: American Vintage – AARON SARL Parc d’activités de Signes, 84 Allée de Stockholm 83870 Signes – France, by registered mail with acknowledgement of receipt or by any other means giving a certain date to the sending.
The Company reserves the right to ask the Client to return the defective product.
Provided that the origin of the defect is indeed attributable to the Company, the Company will exchange the non-conforming or defective Items (within the limits of available stocks) or refund the Client's money, as desired.
The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.
The reimbursement of non-conforming or defective Items will be made as soon as possible and, at the latest, within thirty (30) days following the Company's finding of the lack of conformity or the hidden defect. The refund will be made by crediting the Customer's bank account.
The Company shall not be liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Client, nor in the event of normal wear and tear of the Product, accident or force majeure.
The Company's guarantee is, in any event, limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
Article 13 – Intellectual Property Rights
The Company is the owner of the domain name www.americanvintage-store.com. The Site is an intellectual work protected by the laws of intellectual property. The Website as a whole and each of the elements that make it up (such as the script sources, basic data, films, photographs, logos, trademarks, drawings or models, texts, tree structures, software, animations, illustrations) are the exclusive property of AARON Sarl. Sales made under these general terms and conditions of sale do not entail any transfer of intellectual property rights to the Customer.
Consequently, any reproduction, representation or modification, in whole or in part, of the Site or its content on any medium whatsoever is prohibited, except with the prior written authorisation of the Company, which may be subject to a financial consideration.
Failure to comply with this prohibition constitutes an infringement that may give rise to civil and/or criminal liability on the part of the infringer, against whom the Company reserves the right to claim compensation for all damages. It is also forbidden to transmit to third parties' information allowing the total or partial reproduction of the Site or its contents.
Article 14 – Litiges – Disputes - Applicable Law and Jurisdiction
These General Terms and Conditions of Sale and all sales contracts arising therefrom concluded between the Company and the Client are subject to French law. Customers residing outside French territory are informed that they may, if necessary, invoke the mandatory legal provisions of the country in which they have their habitual residence.
Any dispute whatsoever between the parties, within the framework or as a result of these general terms and conditions of sale (or of any of the contracts entered into in application of these terms and conditions of sale), relating in particular to its formation, interpretation, performance and/or termination, and which could not be resolved between the Company and the Client, shall be submitted to the competent courts under the conditions of common law.
The Client is informed that he may in any event have recourse to conventional mediation or any other alternative dispute resolution method, if a dispute has not been settled by means of a prior complaint lodged directly with the Company. To this end, the Customer may contact the Commission for Consumer Mediation (Consumer Code, art. L 612-1) or to the existing sectoral mediation bodies, the references of which can be found on the website www.americanvintage-store.com.
In the event that the dispute arises from a national or cross-border online purchase, the Customer may also have access to the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase: https://ec.europa.eu/consumers/odr/.
By express agreement between the parties, this agreement is written in French. In the event that it is translated into one or more foreign languages, only the French version shall be binding.
Remarks
The Company is concerned to always better meet the expectations of its Customers, so the Customer's remarks are always welcome. The Customer may send any remarks and comments to: contact@americanvintage-store.com.
Annexe 1 – Legal Warranty Provisions
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The property is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model,
- if it has the qualities that a buyer can legitimately expect in the light of public statements.
2° Or if it has the characteristics defined by the seller, by the producer or by his representative, in particular in the advertising or labelling; by mutual agreement between the parties or is suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
When the Customer requests the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the Client's request for service or from the time the goods in question are made available for repair, if this is later than the request for service.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the intended use, or which reduce this use to such an extent that the Customer would not have acquired it, or would only have given a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.