our general terms and conditions

The present general conditions of sale apply to all the orders placed with AUDE HEROUARD company for the whole of the articles proposed by the www.audeherouard.com site by natural persons not business persons. 
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.

The Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. 

AUDE HEROUARD reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of AUDE HEROUARD are those accepted by the Customer at the time of placing the order, available on the confirmation email.

In addition, each time you purchase Products on the site, it is understood that you accept these General Terms and Conditions of Sale in force on the date your order is placed. These terms and conditions are visible before you place your order.

3. How to order

The website allow to place an order at AUDE HEROUARD company by Internet for a delivery in France and abroad (see Article 8 "Terms of Delivery").

The website does not allow special orders to be placed with inexistant products or products that no longer exists in the AUDE HEROUARD collection, or the adaptation or customisation of a product from AUDE HEROUARD collections, and the manufacture of the latter by AUDE HEROUARD. These Terms and Conditions of Sale therefore do not apply to special orders.

4. Availability of Products

Our products and prices are available as long as it's visible on the website, within the limit of the stocks of the product available. Errors or modifications may exceptionally exist, especially in the case of simultaneous orders of the same product by several customers.
In the absence of availability of a product or products, AUDE HEROUARD is committed to informing the Customer as quickly as possible by email or telephone. The Customer in turn can either ask for the cancellation of the order, or the exchange of the product not available for another product.

AUDE HEROUARD does not incur any responsibility in the event of out-of-stock condition 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 prior notice. In order to ensure a 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. Product Selection

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

You can consult your selection by clicking on "My Bag" in the menu at the top right where 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 sub-total of the selection.

5.2 Identification

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

You will be asked to fill in your e-mail address.

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

5.3. Confirmation of order

  5.3.1. Validation of the Delivery method

You will fristly have to indicate clearly information necessary for the delivery. This relates in particular to the precise title, first name, surname, address of delivery, country of dispatch, telephone number, and then indicate the selected mode of delivery.

Once you have completed this step, click on "Continue to Payment".

  5.3.2. Means of payment validation and payment settlement

You can use your delivery address as your billing address, or enter a different one. You will then be asked to select a payment method and enter the relevant information.

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

You must verify the accuracy of your selection before confirming your order.

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

For more information on payment terms (currency, accepted payment methods, etc.), please refer to the article below entitled "6. Prices - Accepted means of payment".

Once completed, your order is forwarded 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 such customer has violated these Terms and 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 e-mail. The acknowledgement of receipt will include the total amount of the order, information on the cost and delivery time, the essential characteristics, quantity and price of the Products purchased.

The customer formally accepts the use of electronic mail for the 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 can access this document at any time via my online customer area or on request to Customer Services by sending us an e-mail to this address email address and proof of your identity.

6. Prices - Accepted means of payment

6.1. Prices

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

For sales outside the European Union, customs clearance and the 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 you place your order, subject to the availability of the Products ordered at that time.

All orders are payable in Euros and must be paid immediately when you place 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 means of payment

The following methods of payment are accepted: credit cards and bank cards (Visa®, MasterCard®) via the secure platform implemented by PayPal, STRIPE, ALMA (payment in 2 instalments free of charge).

In accordance with the provisions of Article L. 132-2 of the French 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 has all the necessary authorisations to use the means of payment made available on the Site.

The shipment of your order will only take place 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 store the bank details of its Clients.

7. Reservation of Property

The Products ordered remain the property of AUDE HEROUARD until full payment has been received by AUDE HEROUARD.

On the other hand, you assume the risks (in particular of loss, theft or damage) concerning the Products delivered from the moment they are delivered to the address indicated at the time of the order.

8. Terms and Conditions of Delivery

8.1. Delivery Zone

Delivery means the physical handing over of the Product to the Customer.

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

For reasons, notably of security, AUDE HEROUARD will not process any order for which a post office, hotel, post office box or Cedex address is provided.

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

In the event of an error in the wording of the Client's contact information, AUDE HEROUARD shall in no way be held responsible for the inability to deliver the Product(s) ordered.

8.2. Transport costs

At the time of order entry on the site, the customer must choose the delivery method and place of delivery. 

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

As soon as 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.

FRANCE Metropolitan

Delivery is free for Metropolitan France only.
Delivery methods :
Colissimo Point Relais: free
Colissimo Home: free

DOM-TOM

Delivery charges are payable for all overseas territories such as Guadeloupe, Martinique, French Guiana, Reunion Island, Mayotte, Saint Pierre and Miquelon, Saint Martin, Saint Barthélemy. The other territories are included in the World.
Mode of Delivery:
TNT or FEDEX = 20€.

EUROPE

Delivery charges are payable for all countries of the European Union (except metropolitan France and French overseas departments and territories).
Modes of delivery :
TNT or FEDEX = 15€

WORLD

Delivery charges are payable for all countries in the rest of the world (outside 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 a maximum of 10 working days during busy periods (Christmas, sales, etc.), it being specified that these deadlines only apply from the validation of your order by our Customer Service.

As soon as 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.

In the event that it is impossible to make delivery, AUDE HEROUARD will endeavour to find a safe place to deposit the product. Failing this, the product will be returned to AUDE HEROUARD's warehouse.

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

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

AUDE HEROUARD also reserves the possibility of splitting deliveries. The debit of 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 invoiced for a single shipment and in accordance with the indications appearing in your order summary.

If you have any questions, please contact our Customer Service Department by sending an e-mail to

9.Delivery problems

Any defect or delay in Delivery, in excess of 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 beyond fourteen (14) calendar days after the date of validation of your order will not be taken into account.

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

• Refuse the package, which will then be returned directly to the sender.
• Make reservations upon receipt of damaged parcel
• Making a claim on the carrier's website

Without reservation on the part of the consignee, the carrier shall not be liable to pay compensation. The consignee's claim will enrich the claim made by us.

To make a claim, contact us at this email addressindicating:

• Recipient's name
• Tracking number of the parcel
• Description of the product
• Photos of damaged parcel with postage clearly visible
• Photo of the inside of the package
• Photo of the damaged product 

In case of failure to respect the delivery time, you can cancel the order, simply by email or registered letter with acknowledgement of receipt at the following address

AUDE HEROUARD, 14 rue santeuil, 44000 Nantes, France

AUDE HEROUARD will then be obliged to reimburse you the totality of the sums paid, at the latest within fourteen (14) days following the date of cancellation of the contract of sale. If you nevertheless receive the product after having used this option, you must return it in accordance with the return procedure set out 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 e-mail to this address email address. In the event of non-conformity of the Products purchased or if you are not satisfied with them, you may 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 of withdrawal and withdrawal period

You have a legal right of withdrawal that you can exercise under the conditions set out in articles L.221-18 to L.221-28 of the French Consumer Code.

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

10.2. Methods of exercising the right of withdrawal

You are not satisfied with the product. And you would like to return or exchange them before the 14-day cooling-off period expires, you can send us an email with your contact details so that we can assist you with the return process. You can also fill in the retraction form available by clicking here .

10.3 Consequences of the right of withdrawal

Within the framework of the exercise of the right of retraction 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 and conditions

11.1. Return procedure

Within the framework of the exercise of the right of retraction, the products can be returned within 14 working days in their packaging (i.e. with the box, the case, the microfiber, the soap), in their original state, new, unworn.

FRANCE

The return of a product, in the case of an exchange request, is free of charge.
The return of a product, in the event of a refund request (i.e. 10€ TTC 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 return or exchange must be made in advance by email. And the return of the parcel will have to be made with the good of return transmitted by AUDE HEROUARD.

EUROPE

The return of a product, in the case of an exchange or refund, is at your expense (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 return or exchange must be made in advance by email. And the return of the parcel must be made with the return form sent by AUDE HEROUARD.

THE WORLD

The return of a product, in the case of an 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 return or exchange must be made by email in advance. And the return of the parcel will have to be carried out with the good of return transmitted by AUDE HEROUARD.

Only products accompanied by the return form and sent with the returns label provided 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 request for reimbursement, this will be made within a maximum of fifteen (15) days from the receipt of the product(s) by AUDE HEROUARD. Once the products have been received, checked and accepted by our services, the reimbursement of products will be made according to the same method of payment used at the time of the order. And under the conditions "11.1 Return procedure".

Please note, however, that your bank may apply an extension of time for the refund.

12. Legal guarantees

Products sold by AUDE HEROUARD are subject to the legal warranty conditions set out in the articles of the French Consumer Code.

•     Legal guarantee of conformity

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

AUDE HEROUARD can proceed to the replacement of the nonconforming product. If the replacement is impossible within one (1) month following the claim or, if you request it in a duly motivated way, you can ask for a refund of the price of the product.

This guarantee will only come into effect if you request it within two years of the delivery of the property. Defects in conformity which appear within twenty-four (24) months of Delivery shall be presumed to exist at the time of Delivery, unless proven otherwise.

•     Legal warranty for hidden defects

AUDE HEROUARD will give you a Product free of hidden defects which would make it unfit for its intended use, or which diminish this use so much that you would not have acquired it, or would only have given a lesser price for it, if you had known about them. This warranty will only apply on the condition that 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 to return the Product and have the price and costs incurred by the sale refunded to you or to keep the Product and have part of the price refunded to you. In all cases, it will be up to you to prove that you meet the conditions of the guarantee.

In case of lack of conformity and 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 an event of force majeure preventing the execution of these Terms and Conditions of Sale, AUDE HEROUARD will inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgement of receipt. In addition to the cases usually considered by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever are expressly considered to be cases of force majeure or fortuitous events, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other cases beyond the control of the parties that prevent the normal execution of the contractual relationship. All the obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of AUDE HEROUARD or the Customer without compensation on either side. 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 that does not result from a breach by AUDE HEROUARD of one of its obligations.

14. Miscellaneous provisions

If one or more stipulations of these Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their 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 Terms and Conditions of Sale.

15. Applicable law - Litigation

These General Terms and Conditions of Sale are governed by and construed in accordance with French law. However, in accordance with EC regulation 593/2008 of June 17, 2008, the present General Terms and Conditions of Sale do not prevent AUDE HEROUARD from complying with a provision that is more favorable to the Customer and from which there can be no derogation by agreement, by virtue of 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 possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.

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

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

- Or by mail to : [email protected]

To refer the matter to the mediator, the consumer must make his or her request:
- Or in writing to : Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

- Or by completing the online form entitled "Contact the mediator" on the https://www.sasmediationsolution-conso.fr website.

Whatever the means of referral used, the request must contain :
- the applicant's postal address, telephone number and e-mail address

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

- A succinct statement of the facts,
- A copy of the prior complaint
- Any documents required to investigate the claim (purchase order, invoice, proof of payment, etc.).

These General Terms and 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 may 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 and English versions of the General Terms and Conditions of Sale, the French version shall prevail.

Terms and Conditions of Use

The website www.audeherouard.com is managed by AUDE HEROUARD, a simplified joint stock company with a share capital of €1000, whose registered office is located at 3 route du sucre - 76450 Sasseville - France, registered with the Trade and Companies Register under number 814 591 582 R.C.S. Rouen.

Website host www.audeherouard.com is Shopify.

The publication manager is Aude MAHÉ, legal representative of AUDE HEROUARD, who can be contacted at the following address email address.

Use of the Site and purchases of products offered on the Site are subject to these Terms and Conditions of Use. By using the website www.audeherouard.comBy using the Site, you acknowledge that you have read, understood and accepted these Terms and Conditions of Use without reservation. Similarly, by using the Site you acknowledge the Site's confidentiality clauses.

AUDE HEROUARD may at any time modify and update these Terms and Conditions of Use. The General Conditions of Use in force at the time of use of the site are those which are opposable to you.

We advise you to keep yourself regularly informed of the current conditions. You can read the current version of the General Terms of Use at any time.

1. Personal data and cookies

The information collected on the Customer is subject to computer processing 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. They will be kept for as long as necessary for the execution of the work ordered and any guarantees that may be applicable at the end of this work. 

The person in charge of data processing is Aude MAHÉ from the company AUDE HEROUARD, 3 route du sucre 76450 Sasseville.

Access to personal data will be strictly limited to the employees of the data controller who are authorised to process them by virtue of their functions. The information collected may possibly be communicated to third parties contractually linked to the company for the performance of outsourced tasks, without the Client's authorisation being required.

In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and liberties, as modified by the law n° 2004-801 of August 6, 2004, and by the European Regulation n°2016/.679, the customer has a right of access, rectification, deletion, and portability of the data concerning him/her, as well as the right to oppose the processing for legitimate reasons, rights which he/she may exercise by contacting the data controller at the postal or email address mentioned above, enclosing valid proof of his/her identity. 

In the event of a complaint, the client may contact the Commission Nationale de l'Informatique et des Libertés (CNIL).

All of your Account information is used only in connection with 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 website uses cookies, which the user is informed of when he/she enters the website. These cookies record information about the user's browsing on the website. These cookies are installed only after acceptance by the user, and continued browsing of the website constitutes acceptance. Users may prevent the use of cookies by adjusting their browser settings, bearing in mind that access to certain services may require prior acceptance of cookies by the user.

2.Intellectual property rights

All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, trademarks, etc.) that make up the Site are the exclusive property of AUDE HEROUARD.

Except as expressly provided in the Terms of Use, you may not reproduce in whole or in part, by any process whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site, or create derivative works therefrom, without the prior written consent of AUDE HEROUARD.

The "AUDE HEROUARD" trademark, all other trademarks and logos linked to AUDE HEROUARD, whether registered or not, displayed on the Site, as well as the domain name "AUDE HEROUARD". 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 private, personal, non-commercial use, provided that any copy of such web pages retains all copyright and other proprietary notices contained therein. 

3. Links

The Site may contain links to third party sites that are not published or controlled by AUDE HEROUARD. Such links are provided solely as a convenience to you and should not be construed as an express or implied endorsement of such sites, their content or any products or services offered therein.

You may only set up a link to the Site with the prior and express written permission of AUDE HEROUARD.

4. Limitation of Liability

In no event shall AUDE HEROUARD be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, any lost profits or other indirect losses, arising out of your use of or inability to use the Site. This limitation of liability applies to the fullest extent permitted by law.

5. No Warranty

AUDE HEROUARD cannot guarantee and assert :

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

- That the information contained in the Site is accurate, complete and 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 contents are presented on an "as is" and "as available" basis. AUDE HEROUARD expressly disclaims all warranties of any kind, including, without limitation, any implied warranties relating to the customary conditions of use of the Site or the suitability of the Site for normal or specific use, its quality or compliance with any legal requirements. This limitation of liability applies to the full extent permitted by law.

6. Applicable law - Litigation

These Terms and Conditions of Use shall be governed by and construed in accordance with French law in accordance with EC Regulation 593/2008 of 17 June 2008. These General Terms of Use are written in French. 

In the event of a dispute arising out of your use of the Site, you have the option of using conventional mediation or other alternative dispute resolution procedures. 

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

- You can take your case either to the court in your place of residence or to the French courts.

- AUDE HEROUARD may bring an action in the court of the place where you are domiciled.

AUDE HEROUARD reserves the right to apply for and obtain injunctions or orders to defend its rights hereunder.

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