Our terms for the sale of goods through this website
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you through this website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual: You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no corresponding claim for innocent or negligent misrepresentation or negligent misstatement.
2. Information About Us & How To Contact Us
2.1 Who we are. We are Audevard Laboratories, a company registered in France. Our registered office is at 37 rue de Neuilly, 92110, Clichy, France.
2.2 How to contact us. You can contact us by writing to us at hello@audevard.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.
2.4 "Writing" includes e-mails. When we use the words "writing" or "written" in these terms, this includes e-mails.
3. Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our Goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 Packaging may vary. The packaging of the goods may vary from any shown in images on our website.
5. Your Rights To Make Changes
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights To Make Changes
Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7. Providing The Goods
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4 If you are not available when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect them from us.
7.7 When you own goods. You own the goods once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes; or
(b) update the goods to reflect changes in relevant laws and regulatory requirements.
7.10 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of any goods, unless the problem is urgent or an emergency. If we have to suspend the supply of any goods we will adjust the price so that you do not pay for such goods while they are suspended. You may contact us to end the contract for any goods if we suspend their supply, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the goods.
7.11 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 14.6).
8. Your Rights To End The Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the goods and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; and
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. You do not have a right to change your mind as a consumer in respect of goods:
(a) made to your specifications;
(b) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.
8.7 Subscriptions - If you have taken advantage of the subscription offer you can only cancel your subscription after three orders have been paid for.
9. How To End The Contract With Us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) e-mail. E-mail us at hello@audevard.com. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
(b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at TRILANCO ltd, for Audevard, Coronation Wy, Wesham, Preston PR4 3JZ or (if they are not suitable for posting) allow us to collect them from you. Please e-mail us at hello@audevard.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind if you are a consumer) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within one period of time at one cost but you choose to have the goods delivered within a shorter period of time at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then, if we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 9.2. In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
10. Our Rights To End The Contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
10.3 We may withdraw goods. We may write to you to let you know that we are going to stop providing any goods. We will let you know at least 28 days in advance of our stopping the supply of goods and will refund any sums you have paid in advance for goods which will not be provided.
11. If There Is A Problem With The Goods
How to tell us about problems. If you have any questions or complaints about any goods, please contact us. You can write to us at hello@audevard.com or use our contact form.
12. Your Rights In Respect Of Defective Goods If You Are A Consumer
12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0) 3454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund;
up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please e-mail us at hello@audevard.com for a return label or to arrange collection.
13. Price and Payment
13.1 Where to find the price for the goods. The price of the goods (which excludes value added tax (or VAT) unless otherwise stated) will be the price indicated on the order pages when you placed your order. Where we accept orders relating to delivery to a location outside of the European Union, VAT will be refunded back. Where we accept orders relating to delivery to a location outside of the United Kingdom, any duties and taxes will not be covered by us and shall be your responsibility. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the goods you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. All amounts are payable in Pounds Sterling. You must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
14. Our Responsibility For Loss Or Damage Suffered By You If You Are A Consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 12; and for defective goods under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. If you are a consumer we only supply the goods through our website for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited at set out in clause 16.
15. How We May Use Your Personal Information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so or where you have agreed to this.
16. Other Important Terms
16.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to the contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
16.7 Language. These terms were originally written in the English language and the English language version shall control over any translations.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Audevard
37 rue de Neuilly
92110, Clichy
France
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
