General terms and conditions of sale


General Terms and Conditions of Sale (GTC) - Avenue Martens

Preamble

These general terms and conditions of sale (hereinafter the "GTC") apply to all orders placed on the Avenue Martens website by any natural or legal person (hereinafter the "Customer").

The Avenue Martens website is an online store offering the sale of physical products (shoes and accessories).

Placing an order on the Avenue Martens website constitutes full and unreserved acceptance of these Terms and Conditions. Avenue Martens reserves the right to adapt or modify these Terms and Conditions at any time. The version of the Terms and Conditions applicable to any transaction is the one displayed online on the website at the time the order is placed.

Article 1: Purpose and Scope

These General Terms and Conditions of Sale (GTC) define the terms of distance selling between Avenue Martens and the Customer, from ordering to services, including payment and delivery. They govern all the steps necessary for placing an order and ensure order tracking between the contracting parties.

Article 2: Products and Availability

The products offered for sale are those described on the site on the day the Client consults the site, within the limits of available stock.

Avenue Martens takes great care in presenting and describing its products to best inform the customer. However, minor errors may appear on the website, which the customer acknowledges and accepts. Photographs and graphics displayed on the website are not contractual and do not constitute a guarantee by the seller.

If a product becomes unavailable after an order has been placed, the Customer will be notified by email. The order will be automatically cancelled and no payment will be taken (or the Customer will be refunded if payment has already been taken).

Article 3: Price

Product prices are shown in Euros (€), inclusive of all taxes (VAT included), based on the VAT rate applicable on the day of the order. Any change in the VAT rate may be reflected in the product prices.

Avenue Martens reserves the right to change its prices at any time but undertakes to apply the rates in effect at the time of validation of the order by the Customer, subject to availability on that date.

The prices shown do not include delivery charges, which are billed separately and indicated before order confirmation.

Article 4: Order

The customer places an order on the website. The ordering process follows a "double-click" logic:

  1. The customer selects the products and adds them to their basket.

  2. The customer confirms their basket after verifying its contents.

  3. The Customer provides their contact details and chooses their delivery method.

  4. The Customer chooses their payment method and accepts these Terms and Conditions.

  5. The Customer definitively confirms their order and proceeds to payment.

Order confirmation implies acceptance of these Terms and Conditions, acknowledgment of having full knowledge thereof and waiver of any right to invoke one's own terms of purchase or other conditions.

Avenue Martens will send an order confirmation email to the Customer, summarizing the contractual information. The sale will only be considered final after this confirmation email has been sent and full payment has been received.

Avenue Martens reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order or who presents a risk of fraud.

Article 5: Payment

Submitting an order implies the Customer's obligation to pay the indicated price. Payment for your purchases is processed immediately upon ordering using the secure payment methods offered on the website (for example: credit card, Apple Pay, etc.).

Your card will be charged upon order confirmation. The website uses a security system to protect all sensitive payment information as effectively as possible.

The products remain the property of Avenue Martens until full payment of the price.

Article 6: Delivery

The products are delivered to the delivery address provided by the Customer during the ordering process. The Customer is responsible for the accuracy of the information provided when placing the order.

The delivery times indicated on the website are estimates, corresponding to average processing and delivery times. Avenue Martens cannot be held responsible for consequences due to shipping delays that are not its fault.

In the event of a damaged package upon delivery, the Customer must check the condition of the products. If the products are damaged, the Customer must refuse the package and note this on the delivery slip (package refused because it was open or damaged).

The transfer of risk of loss or damage to the products only occurs when the Customer, or a third party designated by them, takes physical possession of these products.

Article 7: Right of Withdrawal and Returns

In accordance with applicable legal provisions, the Customer has a period of 14 days from receipt of their products to exercise their right of withdrawal without having to justify reasons or pay any penalty.

If this deadline expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

To exercise their right of withdrawal, the Customer must notify their decision to withdraw by means of an unambiguous statement by email to the contact address indicated at the bottom of these Terms and Conditions.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing for resale as new, and must be accompanied by the purchase invoice or order number. Damaged, soiled, or incomplete products will not be accepted.

Return shipping costs are the sole responsibility of the customer.

In the event of exercising the right of withdrawal, Avenue Martens will proceed with the reimbursement of the sums paid (including the initial delivery costs, with the exception of additional costs arising from the fact that the Customer has chosen a more expensive delivery method than the standard method) within 14 days following notification of your request and via the same means of payment as that used when ordering.

Article 8: Guarantees

All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

Legal guarantee of conformity:

The Customer has two years from the date of delivery of the goods to take action. They may choose between repair or replacement of the goods, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code. The Customer is not required to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery.

Warranty against hidden defects:

The Customer may choose to invoke the warranty against hidden defects in the goods sold, as defined in Article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

To exercise these guarantees, the Customer must contact Avenue Martens customer service.

Article 9: Responsibility

Avenue Martens cannot be held liable for non-performance or poor performance of the contract due either to the Client's actions, to an insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.

Avenue Martens cannot be held responsible for damages resulting from misuse of the purchased product.

Finally, Avenue Martens cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, including service interruptions, external intrusions, or the presence of computer viruses.

Article 10: Intellectual Property

All elements of the Avenue Martens website are and remain the exclusive intellectual property of Avenue Martens. No one is authorized to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the website, whether software, visual, or audio, without the express written consent of Avenue Martens.

Article 11: Personal Data

Avenue Martens reserves the right to collect personal information and data concerning the Customer. This information is necessary for order processing, as well as for improving services and information provided to the Customer. For more details, the Customer is invited to consult the Privacy Policy available on the website.

Article 12: Applicable Law and Disputes

These Terms and Conditions are governed by French law. The language of this contract is French.

In the event of a dispute, the French courts shall have exclusive jurisdiction. The Client is informed of the possibility of resorting, in the event of a dispute, to conventional mediation or any other alternative dispute resolution method.