General terms and conditions of sale

Last update: May 14, 2023
The purpose of the present conditions of sale is to set out the terms and conditions under which AOÛT EN HIVER sells jewelry and jewelry items to its customers through the website www.aoutenhiver.fr.
AOÛT EN HIVER is the property of Marie-Aurore Leclerc, auto-entrepreneur whose SIRET number is 437 931 967 00040 and whose principal place of business is 12 allée Mouesca, 64600 Anglet; Telephone 07.63.45.92.11; Email: marieaurore@aoutenhiver.fr (hereinafter “AOÛT EN HIVER”).
Acceptance of these general terms and conditions of sale implies full and unreserved acceptance by the Customer (as this term is defined below) of the GTCS.
All orders on the Site are subject to the GCS. These conditions are subject to change and updating; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.

1- PURPOSE

The GCS govern exclusively the sales made by AOÛT EN HIVER of Products offered to purchasers having the status of consumers (hereinafter the “Customer(s)”) on the Site and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.
The terms and conditions of sale are binding on the customer, who declares that he has read them and accepted them by ticking the box “I accept the terms and conditions of sale” before completing the online ordering procedure.

2- CUSTOMER

The Site Customer must be a consumer, an individual of legal age and capacity. When placing a first order on the Site, the Customer must open a customer account. For each order, the Customer will have to fill in an order form specifying certain obligatory fields so that his order of Products can be taken into account by AOÛT EN HIVER.
The information communicated to AOÛT EN HIVER when opening a customer account and during each order must be complete, accurate and up to date.
AOÛT EN HIVER reserves the right to refuse an order if it does not come from a customer meeting the above criteria.

3- PRODUCTS

The essential characteristics of the Products are presented on the Site in each of the product sheets. If the customer has any questions, they can contact AOÛT EN HIVER by email at: marieaurore@aoutenhiver.fr.

4- ORDERING PROCESS

To place an order, the following steps must be followed:

• the customer adds the desired product(s) to his/her basket, specifying the quantity;
• the Customer checks the nature of the Products added to the basket;
• To delete an item, click on “Delete”, and to change the number of items, change the quantity and click on “Update”;
• The customer can then finalize the order or choose to continue shopping;
• To conclude the purchase contract and finalize the order, the Customer must fill in the order form and indicate the personal data required for the order;
• the Customer must choose his mode of delivery;
• the Customer must choose his/her method of payment;
• It is the Customer’s responsibility to check the details of the order and in particular the total price of the order, taking into account the price of the Products, delivery terms and charges, VAT, and the Product, particularly in terms of quantity;
• the Customer must read and accept the GTC;
• The customer makes the payment.

Product prices are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes.

Customs duties and other taxes must be paid by the customer directly to the carrier, depending on the country of destination.
It is the customer’s responsibility to verify the accuracy of the information provided.
AOÛT EN HIVER reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
AOÛT EN HIVER also has the right to refuse any order made by a Customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these GTC.
In such cases, AOÛT EN HIVER will inform the Customer by telephone or e-mail.
In the event that the Products presented on the Site are no longer available or on sale at the time your order is sent, AOÛT EN HIVER must inform you promptly, and in all cases before thirty working days from the day following your order, of the possible unavailability of the Products ordered. In the event of payment of the price, AOÛT EN HIVER will reimburse you in full for the sums advanced for unavailable Products.
The contract is deemed concluded upon receipt by AOÛT EN HIVER of the order after verification by AOÛT EN HIVER of the accuracy of the data relating to the order.
Once your order has been validated, an acknowledgement of receipt will be sent to the Customer by e-mail, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).

5- PAYMENT

The Site offers payment by credit card and Paypal. When the order is finalized, AOÛT EN HIVER confirms the payment by sending the Customer a summary email.
The prices displayed on the site are in euros, inclusive of all taxes (French VAT and other taxes applicable on the day of the order). Packing, order processing and postage costs are indicated before the order is validated.
AOÛT EN HIVER may modify the prices of Products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework. Products are invoiced on the basis of the price list in force when the Customer places the order.
The Products remain the full and complete property of AOÛT EN HIVER until full payment for each order has been received by AOÛT EN HIVER.
Payment is made via the secure platform of our partners Stripe and Paypal.

6- DELIVERY

Products are delivered to the delivery address indicated on the order form.

Delivery is by Colissimo to your home or to a collection point, against signature of a delivery slip, with a guarantee of the contents to ensure safe receipt.

This can be done at your home. It will also be possible to have your order delivered to a Point Retrait, provided that the order is under €1000. Deliveries cannot be made to hotels or P.O. boxes.

Colissimo delivers your orders within 48 hours (working days) for Metropolitan France.

For the European countries concerned (Germany, Belgium, Spain, Italy, Ireland, Luxembourg, the Netherlands, Portugal), the United Kingdom and Switzerland, delivery takes between 3 and 5 working days. Delivery charges for foreign countries do not include any customs duties.

AOÛT EN HIVER is committed to dispatching all orders placed, between 2 and 8 weeks, including delivery.

If AOÛT EN HIVER is unable to deliver within the period indicated at the time of the order, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216-2 of the French Consumer Code, i.e. by registered letter with acknowledgement of receipt, after having enjoined AOÛT EN HIVER to make the delivery within a reasonable period by registered letter with acknowledgement of receipt, without AOÛT EN HIVER having complied.

7- RECEIPT OF PRODUCTS

Upon receipt of the Product, the Customer must immediately check the condition of the packaging and the delivered Product in the presence of the carrier.
If, at the time of delivery, the packaging is damaged, torn or open, the Customer must check the condition of the Products it contains. If these Products have been damaged, the Customer must refuse the parcel and note a reservation on the delivery note: damage, missing item, damaged parcel, broken item, etc. This verification is deemed to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
The Customer must then confirm his reservations to the carrier by registered mail at the latest within three days, not including public holidays, following receipt of the Products and send a copy of this letter to AOÛT EN HIVER.
Non-compliance with the aforementioned time limit does not prevent the Customer from having recourse against AOÛT EN HIVER to obtain the exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of delivery. In the same way, the Customer always benefits from his right of withdrawal under the conditions of article 9 above.

8- GUARANTEES

For all requests relating to commercial and legal warranties, please contact :
AOÛT EN HIVER, Service Client, 12 allée Mouesca, 64600 Anglet – Telephone 07.63.45.92.11 (cost of a local call in mainland France, indicative rate from a landline, subject to modulation according to operators) – e-mail: marieaurore@aoutenhiver.fr

8.1 Commercial warranty

In addition to the legal warranties referred to in 8.2 above, we offer a commercial warranty covering manufacturing defects or abnormal wear and tear.
Our customer teams will assess the part after sending photos, then replace it with a gift voucher valid for 6 months in our online store. To request an appraisal, contact our teams by e-mail at marieaurore@aoutenhiver.fr.
AUGUST IN WINTER covers the repair of jewelry for defects such as broken chain – clasp. The customer can request the application of this warranty by mail (by returning the product to us) or by coming directly to the store with the product and proof of purchase. This guarantee is free of charge. It runs from the date of delivery of the Product for a period of one (1) year, during which we will reimburse you for shipping costs.
Nevertheless, when the repair of the product within the framework of the legal guarantee would incur for AOÛT EN HIVER expenses higher than the price of the delivered product, AOÛT EN HIVER can decide to replace the product by an identical product.
This commercial warranty does not apply in the following cases:

• non-conforming use and defects in use;
• deterioration due to incorrect handling, abusive or abnormal use, intentional or accidental physical alteration, or use for professional or commercial purposes;
• in the event of abnormal maintenance or lack of maintenance and hygiene;
• in case of natural wear ;
• work carried out on the jewel by any person not authorized by Customer Service, as well as damage resulting from such work;
• In addition, the customer is expressly reminded that precious metals, and in particular silver, may be subject to discoloration or degradation due to oxidation or contact with other substances or active products, such as certain cosmetics and perfumes, or bleach, particularly in swimming pools or jacuzzis. Skin acidity, depending on skin type, can contribute to oxidation. Likewise, jewelry made of precious metals, silver and vermeil, is subject to the usual wear and tear, such as scratches and scuffs, as soon as it is worn.
• Consequently, AOÛT EN HIVER cannot be held responsible for normal wear and tear of the products, or for deterioration or discoloration caused by oxidation of the precious metals making up the products, or by contact with any product or active substance.
  Article L 217-16 of the French Consumer Code: when the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least 7 days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the goods in question are made available for repair, if the goods are made available after the request for service.

8.2. Legal warranties

Unless the customer is a legal entity or a natural person acting in the course of a commercial, industrial, artisanal or liberal activity, the customer benefits in all cases from the legal guarantees on the basis of which he may take action. AOÛT EN HIVER is thus liable for defects in conformity and latent defects under the conditions set out respectively in Articles L 217-4 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.
Article L 217-4 of the French Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
Article L 217-5 of the French Consumer Code: “To conform to the contract, the goods must: 1° Be fit for the use usually expected of similar goods and, where applicable : – correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; – present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or present the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter”.
Article L 217-7 of the French Consumer Code: “Conformity defects which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity”.
Article L 217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, given the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Article L 217-10 of the French Consumer Code: “If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor”.
Article L. 217-11 of the French Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages”.
Article L 217-12 of the French Consumer Code: “Action resulting from a lack of conformity is barred after two years from delivery of the goods”.
Article L 217-16 of the French Consumer Code: “When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Article 1641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them”.
Article 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded”.
Article 1648, paragraph 1, of the French Civil Code: “Actions resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect”.
When acting under the legal warranty of conformity, the Customer :

• has a period of 2 years from the date of delivery of the property to take action;
• may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L 217-9 of the French Consumer Code;
• is exempted from proving the existence of the lack of conformity of the good during the 24 months following delivery of the good.
  The legal guarantee of conformity applies independently of the commercial guarantee granted by AOÛT EN HIVER.
  When acting under the legal warranty for hidden defects, the customer may choose between rescission of the sale or reduction of the purchase price in accordance with article 1644 of the French Civil Code.

9- CUSTOMER’S RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L 221-18 et seq. of the French Consumer Code, the customer may cancel his order at his own discretion, without giving any reason whatsoever. The customer has the right to withdraw from the contract. He/she (or a third party designated by him/her, with the exception of the carrier) may exercise this right within 14 days of receipt of the Product.
Before the expiry of this 14-day period, the Customer must inform AOÛT EN HIVER of his decision to withdraw either by sending him the withdrawal form shown at the bottom of the GCS by cutting it out or in your parcel, after having duly completed it, or by sending him an e-mail clearly and unambiguously expressing this decision and mentioning the number of his order to: marieaurore@aoutenhiver.fr
Personalized jewelry and jewelry with the vermeil plating option will not be reimbursed or exchanged until the legal retraction period has expired.
The Customer must return the Product, at his own expense (unless the Product is not in conformity or has a manufacturing defect), to AOÛT EN HIVER, at the address mentioned on the withdrawal form, at the latest within 14 days of communicating his decision to withdraw.
AOÛT EN HIVER strongly advises its Customers to return Products by Colissimo. The Customer may also choose the carrier of his choice. It is therefore advisable to keep proof of this return, which implies that the Products are returned with parcel tracking, or by any other means giving a certain date.
AOÛT EN HIVER must reimburse the Customer, including delivery costs, at the latest within 14 days from the date on which AOÛT EN HIVER has actually collected the Product or from the date on which the Customer has provided AOÛT EN HIVER with proof of shipment of the Product.
The refund will be made by bank transfer to the card used to pay the original invoice.
It is not possible to replace or exchange returned Products. You will need to place a new order online.
With regard to returns of personalized Products: Article L 121-20-2 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized. However, we undertake to reimburse you for clearly personalized Products that do not correspond to your order (defective or non-conforming).

10- EFFECT OF CONTRACT

The contract is fully effective from the moment it is concluded and cannot be unilaterally terminated by either party, unless the customer makes use of his right of withdrawal under the conditions laid down in articles L 221-18 et seq. of the French Consumer Code.

11- INTELLECTUAL PROPERTY

The Customer acknowledges that AOÛT EN HIVER’s Products and distinctive signs (image, photographs and composition of photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of AOÛT EN HIVER, in particular under intellectual property rights, for the entire duration of the protection of these rights and for the entire world.
Some Products have been registered as designs and are automatically protected by copyright.
The Customer shall refrain from any act of reproduction or use of Product models, packaging, photographs, compositions of photographs, concepts, Product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or know-how used by AOÛT EN HIVER, as well as any act tending to the appropriation of these elements, whether or not they are protected by AOÛT EN HIVER by trademark, design or copyright.
Consequently, any unauthorized reproduction by AOÛT EN HIVER will be considered an infringement liable to prosecution.

12- PERSONAL DATA PROCESSING

For more details about the collection and processing of your personal data, please refer to our Privacy and Cookie Policy.

13- SETTLEMENT OF DISPUTES

In the event of a dispute, the Customer must first contact the AOÛT EN HIVER Customer Service Department by calling 07.63.45.92.11 or by e-mail at: marieaurore@aoutenhiver.fr.

14- APPLICABLE LAW AND JURISDICTION

The GCS are governed by French law.
In accordance with consumer law, in the absence of amicable agreement, all disputes to which the GTC may give rise, concerning its validity, interpretation, performance, termination, consequences and consequences thereof, shall be submitted to the competent court in accordance with the rules of jurisdiction of common law.

RETURN FORM (printable)
(Please complete and return this form only if you wish to exercise your right of withdrawal in respect of an order)
To the attention of AOÛT EN HIVER 12 allée Mouesca – 64600 ANGLET
I hereby notify you of my withdrawal from the contract for the sale of the Product below: ………………………………………………………………………………………………..
Ordered on ()/received on(): ……………………………………………………………………………
Customer name: ……………………………………………………………………………………..
Customer address: …………………………………………………………………………………..

Date: …………………………………………………………………………………………………
Customer signature :