AWARE designs, creates, manufactures and distributes worldwide ready-to-wear items, fashion accessories, shoes, leather goods, luxury jewelry for both men and women, perfumes, home décor and design items. These terms and conditions are applicable to all sales concluded at a distance via www.gossuin.com, email with the customer service and by phone with the customer service.
These general terms and conditions of sale are those of AWARE, a joint stock company with a share capital of EUR 2,000 , listed under the Vannes (France) Trade and Companies Register under number 851 472 357 (“SIREN), with a head office located at 12, allée Goh Huiniec 56860 Séné France – Email: [email protected] – VAT identification number: FR 71 851 472 357.
The Items are intended to be sold exclusively to end buyers who are natural or legal persons, acting exclusively for their personal needs and not directly related to a commercial activity, excluding any re-sellers or intermediaries acting on behalf of re-sellers (hereinafter the “Customer(s)“). Therefore, the Customer affirms that he/she is acting as a consumer and that he/she does not intend to resell the Items for commercial purposes. He/she also certifies that he/she has the legal capacity to enter into the commitments provided for in these general terms and conditions of sale.
AWARE may at any time update and modify the general terms and conditions of sale. The conditions applicable to the sale of an Item by a Customer are those in effect at the time of the conclusion of the contract of sale. With each purchase of an Item on the Site, you will be asked to indicate your acceptance of the general terms and conditions of sale in effect by ticking the box “I accept the general terms and conditions of sale”. They will be available for viewing before and when you are asked to confirm them.
Orders placed by phone with Customer Service
Orders by phone may be placed directly with the Customer Service. Once the Customer’s bank has debited the Customer’s bank account, the order shall be directly forwarded to the AWARE department responsible for preparing the order. Any order placed in this context is binding on the Customer.
Orders placed on the website
Orders placed on the Site are subject to strict compliance with the procedures described below.
Customer’s Selection of Items
On the Site, the Customer selects, enters and validates the identification and quantity of the Items that he/she wishes to order; said Items are added to the Customer’s “Shopping Bag” or “basket” or “bag” hereinafter referred to as “Shopping Bag”.
The Customer may freely modify his/her “Shopping Bag”, delete an initially selected Item, modify the quantities ordered or alternatively add an Item by clicking on the corresponding elements within the “Shopping Bag”.
Once the Customer has completed his/her selection and wishes to validate the contents of the “Shopping Bag”, the Customer can either login or continue as “guest”. The Customer can also login before selecting Items.
If the Customer already has a customer account, he/she can log in with his/her email address and password. If the Customer does not yet have an account, he/she can create one by confirming his/her name, address of residence, e-mail address and telephone number at the time he/she places the order.
The Customer’s login details and password are intended to be used only by the Customer, therefore each Customer agrees to keep them secure and to not communicate them to third parties. The Customer agrees to immediately inform AWARE in case of loss, theft or any fraudulent use of his/her customer account.
Validation of the Order
The Customer must also validate the delivery method and complete the information necessary for the proper dispatch of the order (country for shipment, delivery address or boutique where the Customer wishes to collect the order, if the selected delivery country has shops offering this service).
For a gift order, the Customer may include an accompanying card and choose a gift wrapping. He must specify his request in the order notes.
The Customer may use his/her delivery address as the billing address or enter another one. The Customer will then be asked to choose a payment method and complete the necessary information.
Once this information has been duly entered and validated, the price of the Items (as defined in Article 5 below) and any shipping costs shall automatically be displayed..
The Customer must verify the accuracy of his/her selection before confirming the order. At the end of the order process described above and after accepting all of these general terms and conditions of sale, the Customer clicks on “PLACE ORDER”.
Confirmation of the Order by AWARE
An acknowledgement of receipt of the order is sent to the Customer by email. In accordance with the provisions of Article 1126 of the Civil Code, the Customer accepts the use of electronic mail for AWARE’s confirmation of the order content.
The acknowledgement of receipt shall include the order number, the total amount of the order, information relating to cost and delivery time, defining features, quantity and price of the Items purchased.
At the time of shipment of the Items ordered to the delivery address designed by the Customer, AWARE shall send an email to the latter informing the Customer of such dispatch as well as the receipt of payment, as provided for in Article 6 below. The contract of sale is then definitively concluded.
Proof of Order
In general, it is expressly agreed between AWARE and the Customer that emails are admissible between the parties, as well as the automatic recording systems used by Customer Service or on the Site, in particular as regards the nature and date of the order. In addition, pursuant to Article L. 213-1 of the Consumer Code, AWARE shall retain the information relating to any order for an amount equal to or greater than one hundred and twenty (120) euros for a period of ten (10) years and shall make it available to the Customer upon request addressed by the latter to: [email protected] or to AWARE – Service Relation Clientèle – 12 allée Goh Huiniec, 56860 Séné, France. However, it is recommended that the Customer also keeps a copy (in electronic format and/or on paper) of the details relating to his/her order for any orders placed on the Site.
The Customer is informed at the time of placing the order, either by Customer Service or on the information page of the Site describing each of the Items:
- of the availability of the Item; or
- in the event of temporary unavailability of the Item, of the possibility of ordering it for subsequent delivery within a specified timeframe in this instance.
If, in spite of vigilance on the part of AWARE, the Items ordered are no longer available, AWARE will inform the Customer by any manner (phone or email) as soon as possible. AWARE shall not be liable in the event of the unavailability of an Item on the Site.
AWARE reserves the right to change the Items offered on the Site at any time and without notice.
Refusal of an Order
Purchases made on the Site or by telephone shall be reserved for Customers for their own use (or gifts) and not for resale. In accordance with the provisions of Article L. 121-11 of the Consumer Code, AWARE shall be entitled to refuse any unusual order exceeding the number of authorised Items, namely:
- eight (8) Items per order; and/or
- 8 (8) identical Items ordered within a period of thirty (30) calendar days, of all colours and sizes combined.
AWARE will also be entitled to refuse any order: (i) made by a Customer with whom there is a dispute relating to the payment or delivery of a previous order; or (ii) not in accordance with these general terms and conditions of sale.
AWARE will notify the Customer if it finds that the order does not comply with these general terms and conditions of sale, either directly on the Site or by telephone or email. If the Customer fails to correct any error or noncompliance with these general terms and conditions of sale contained in his/her order with AWARE within a period of 5 calendar days following the notification mentioned just before, AWARE reserves the right to cancel the order altogether, as well as the payment.
Price of the Items
The prices communicated by Customer Service or displayed on the Site are indicated in euros (EUR) or in the currency chosen by the Customer and are inclusive of all taxes (including VAT), excluding delivery charges.
The prices invoiced are those in effect on the date of the order, subject to the availability of the Items ordered at this time. AWARE reserves the right to modify the prices of the Items at any time and without notice.
It is specified that the tax refund service is not available for remote purchases of AWARE Items.
In accordance with the provisions of Article L.221-11 of the Consumer Code, the Customer will receive written confirmation of the amount paid, detailing the price per Item and shipping costs charged for each of the Items, at the latest upon delivery.
Terms of Payment
The provisions of Article 1341 of the Civil Code are not applicable to distance sales concluded by AWARE. In the event that, for any reason whatsoever (objection, refusal on the part of the credit card issuer, etc.), the debit of the amount payable by the Customer proves to be impossible, the sale shall be immediately cancelled and AWARE shall immediately stop processing the order
Payment by Credit Card or Debit Card
Payment for the Customer’s purchases shall be made by credit / debit card with a card accepted by our payment processor, Stripe.
For this purpose, when ordering by phone, the Customer confirms to Customer Service and, when ordering via the Internet, guarantees AWARE that he/she is the licensed cardholder of the credit card used to pay for the order and that the first and last name appearing on this credit card are indeed his/her own. Then the Customer communicates, either by phone or via a secure website, the credit card number, expiration date and security code.
After the Customer has validated the bank details on the Site, the Customer shall access a secure server operating in SSL mode (128 bits) that has been certified by a Certification Authority.
The transaction is then carried out by the Customer in accordance with banking security standards. Authentication is specific to each bank. In communicating his/her credit card number and/or bank details, whether by telephone or on the Site, the Customer unconditionally accepts in advance that AWARE proceeds with the secure transaction and pre-authorises his/her bank to debit his/her account upon reception of records or statements sent by AWARE, even in the absence of receipts signed by the cardholder of the credit card used.
Payment by bank transfer
Payment for the Customer’s purchases may be made by bank transfer when the order is placed by phone with Customer Service. In the event of payment by bank transfer, AWARE shall notify the Customer by email of the bank details of the AWARE account to which the transfer should be made.
For this purpose, the Customer shall confirm to Customer Service when placing the order by phone that he/she is the owner of the bank account used to pay for the order.
AWARE delivers worldwide conditional on Colissimo (by La Poste) being able to delivery at your delivery address. The deliverable geographies are hereafter designated as the “Delivery Zone”.
For primarily security reasons, AWARE will not process any order whose delivery or billing address is a post office box. For security reasons as well, deliveries to a hotel or student residence shall be possible, subject to choosing the option of express delivery with proof of hand delivery.
The Customer shall also have the option of having the Items delivered to another individual located within the Delivery Zone, for example, when the order is a gift.
Once payment of the amount of the order has been registered, the Items will be delivered to the delivery address indicated by the Customer during the ordering process. For this reason, the latter undertakes to have communicated the correct delivery address to AWARE.
The delivery of Items ordered shall be made:
- on the date or within the time-frame indicated to the Customer by AWARE and, at the latest, within thirty (30) days of the date of the order; or
- within the time-frame notified to, and accepted in advance by, the Customer in the event of the temporary unavailability of the Item in question or when an item is on pre-order: (i) at the time of placing his/her order by phone with Customer Service; (ii) at the time of adding an Item to the “Shopping Bag” and prior to acceptance of his/her order.
AWARE will deliver the Items ordered by standard mail or express courier with proof of hand delivery, as selected by the Customer.
Delivery charges of standard courrier with proof of hand delivery shall be borne by the Customer; the amount of these charges shall be communicated to the Customer prior to the validation step of his/her order.
AWARE is committed to respecting the privacy of its Customers.
The Customer undertakes that all information communicated to AWARE through Customer Service or on the Site as part of the order shall comply with these general terms and conditions of sale, complete, accurate and up to date. Otherwise, AWARE reserves the right to: (i) cancel the order altogether as well as payment, or (ii) make them subject to the Customer’s communication of any proof of the information and addresses provided, to ensure their existence and accuracy.
It it specified that the Customer has the right to access, modify, rectify and delete personal data concerning him/her. To exercise these rights, the Customer may send a message accompanied by proof of identity to AWARE’s Customer Service at [email protected] or to AWARE – Service Relation Clientèle – 12 allée Goh Huiniec 5680 Séné France.
In particular, the Customer is informed that his or her personal data may be transmitted or collected directly by:
- banking institutions acting as intermediaries for the payment of orders,
- payment system service providers (e.g. Paypal; Stripe), acting as payment service providers,
- partners specialised in securing transactions against e-commerce fraud (e.g. Fia-Net).
Please note that these partners have their own privacy policies.
Retention of Title
AWARE shall retain ownership of the Items until such time as AWARE has received payment in full. However, the Customer assumes the risks (in particular those related to loss, theft or damage) concerning the Items delivered from the moment they are delivered to the address indicated at the time of placing the order.
Intellectual Property Rights
The Customer shall not reproduce, represent or adapt, directly or indirectly, the Site, in whole or in part, in any form whatsoever. Any intellectual property right pertaining to any AWARE product or element (including AWARE Items), such as trademarks, illustrations, photos, images, designs and logos, whether registered or not, is and will remain the exclusive property of AWARE.
Any total or partial reproduction, downloading, modification or use of AWARE’s and GOSSUIN’s trademarks, illustrations, images, photos, logos and designs, for any reason and on any medium whatsoever, without the express prior written consent of AWARE, is strictly prohibited.
Likewise, the following are strictly prohibited without the express prior written consent of AWARE:
- the creation of hypertext links to any of the pages or components of the Site;
- any use not conforming to this Site’s license to use it and, in particular, use of any of its components (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or any other direct or indirect commercial use.
Right to Cancel and Return of the Items
In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, the Customer has a right to cancel, which he/she may exercise:
- on the Site in the “Returns” section: AWARE will acknowledge receipt by email of the Customer’s cancellation so notified; or
- by returning to AWARE the cancellation form it sent to the Customer in the duly completed order confirmation email (also accessible here) or any other written statement expressly mentioning the cancellation right being exercised, by mail to [email protected] or to AWARE – Service Relation Clientèle – 12 allée Goh Huiniec 56860 Séné France,
without having to give any reasons, within 30 days of receipt of the Items. The Customer acknowledges that he/she has been informed, and accepts, that he/she does not have such a right to cancel for personalised products made according to and/or at his/her request, nor products that have been altered, as well as sealed items (swimwear, etc.) that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection, in accordance with Article L. 221-28 3e of the Consumer Code.
It will then be the Customer’s responsibility to return the delivered Items:
- by following the various procedural steps proposed by AWARE, described on the Site and within which all costs of returning the Items shall be covered by AWARE for metropolitan France only, not to exceed one return shipment of the Items per order; or
- by means of his/her choosing and at his/her own expense and risk to the address indicated on the Site. It is recommended in this instance to keep all proof of this return, which requires that the Items shall be returned by the Customer by registered mail or by any other means with proof of date.
In any case, the return (or exchange) of delivered Items must be carried out by the Customer:
- within 30 days of the exercise of his/her right;
- in their original full packaging and accompanied by the duly completed return form. Items not returned or returned incomplete, ruined, damaged, degraded, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the Customer. As to shoes, the sole must also be intact: as such, it is strongly recommended to try AWARE shoes on a carpet or rug-type surface.
The refund of the invoiced price of the returned Items will be made on the means of payment used to pay for the order, no later than 14 days following AWARE’s receipt of said Items. In accordance with Article L.221-24 of the Consumer Code, additional costs paid by the Customer related to the choice of a specific delivery method will not be reimbursed.
In addition, in the case of a gift, the right to cancel remains for the exclusive benefit of the Customer and may under no circumstances be exercised by the recipient of the gift.
In the event of an exchange request, the Customer must specify in the dedicated field on the Site the Item(s) he/she wishes to receive in exchange for his/her order. The Customer may exchange the Items via the Site within 30 days of their receipt. The Customer may return the Item(s) under the conditions referred to in Article 12 above (time-frame, exchange conditions).
Personalised Items made according to and/or at the request of the Customer, or products that have been altered, as well as sealed Items (swimwear, etc.) that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection may not be exchanged.
If the amount of the replacement Item(s) has a value greater than the amount of the returned Item(s), the Customer must pay the difference in price in accordance with these general terms and conditions of sale. This provision is waived in the event of pre-ordered items, where items are exchangeable at the pre-ordered price paid by the Customer if the exchanged for items were part of the same pre-order campaign.
If the amount of the replacement Item(s) has a value lower than the amount of the returned Item(s), the difference in price will be refunded by AWARE (it being recalled that for gifts, only the customer who purchased the gift may request a refund and have his/her bank account credited) in accordance with these general terms and conditions of sale.
In the case of an exchange, the transport costs of the first delivery shall be refunded, but the transport costs of the second shipment shall be billed according to the delivery method selected. In the event of an exchange, the new sale will be subject to the general terms and conditions of sale in effect at the time of the exchange.
As part of its commercial exchange policy proposed under this Article, AWARE reserves the right to refuse an exchange beyond two (2) successive orders.
The exchange of the Item(s) is subject to the availability of the said Item(s) on the Site. In case the Item(s) is/are unavailable, the Client will be refunded in accordance with the provisions of Article 12 above.
Conformity – Warranty
The Items sold by AWARE are subject to the statutory warranties provided for by Articles L. 217-4 to L. 217-14 of the Consumer Code, as well as by Articles 1641 to 1648 of the Civil Code, to the exclusion of any other warranty:
Statutory Warranty of Conformity
AWARE will deliver to the Customer an Item that conforms to the contract and is free of defects in conformity at the time of delivery of the said Item, in the sense that the Item shall be fit for the usual use expected of a similar good and that it will have the features presented during the sale. AWARE shall also be responsible for non-conformity resulting from the packaging, assembly instructions or installation where the contract made these its responsibility or where they have been carried out under its responsibility.
This warranty will only apply if the Customer makes the request within two (2) years of delivery of the goods. Any non-conformity which becomes apparent within twenty-four (24) months of delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.
The Customer may then choose to repair or replace the Item, unless one of these choices results in a manifestly disproportionate cost for AWARE. If the repair or replacement of the Item is unavailable, the Customer may be refunded the price paid and return the Item or keep the Item and be refunded a portion of the price, unless the non-conformity is minor.
Statutory Warranty against Hidden Defects
AWARE will provide the Customer with an Item free of hidden defects that would make it unfit for the use for which it is intended, or that would diminish its use to such an extent that the Customer would not have acquired it, or would have accepted to pay only a lower price, if he/she had known of such defect.
This warranty will only apply if the Customer makes the request within two (2) years of the discovery of the defect. In the event of a hidden defect, it will be up to the Customer to prove that it fulfills the conditions of the warranty. The Customer will have the choice to return the Item for full reimbursement or keep the Item and be refunded a portion of the price.
Certain Items sold on the Site are covered by a commercial warranty, in addition to the above-mentioned statutory warranties. The content and terms of implementation of this commercial warranty shall be made available in the “General Terms and Conditions of Use of the After-Sales Service” tab and shall also be specified on the “information leaflet” accompanying the Items.
All technically repairable Items may be serviced by an after-sales service. In accordance with Article L.111-3 paragraph 1 of the Consumer Code, AWARE confirms to its Customers that there is no guaranteed time period for the availability of spare parts essential for the use of the Items. AWARE will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
Information on the Items – Limitation of Liability – Force Majeure
Information on all Items offered for distance selling shall be made available on the Site or via Customer Service.
The photographs, graphics and descriptions of the Items offered for sale are only indicative and do not bind AWARE. Customers can obtain additional information by contacting Customer Service. While every effort is made to ensure that the colour and pattern of the Items pictured on the Site accurately reflect the original items, variations may occur, in particular due to technical limitations in the colour rendering of your computer equipment. Consequently, AWARE cannot be held liable for non-substantial errors or inaccuracies in the photographs or graphic representations of the Items appearing on the Site.
In no event shall AWARE be liable for any damage that does not result from a breach by AWARE of one of its obligations or in the event of the occurrence of a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code that would prevent or delay its performance.
AWARE will inform the Customer of any such fortuitous event or force majeure within seven (7) days of its occurrence.
In the event that this suspension of the performance of AWARE’s obligations continues beyond a period of fifteen (15) days, the Customer will then have the option of cancelling the order in progress and the Company shall refund him/her as soon as possible.
The fact that AWARE refrains from demanding at any given time the performance of any of the provisions of these general terms and conditions of sale may not be interpreted as a waiver of its right to raise subsequently said complete or partial non-performance.
Validity of the General Terms and Conditions of Sale
If any of the provisions of these general terms and conditions of sale shall be declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these general terms and conditions of sale shall remain unchanged and shall remain applicable.
Disputes – Applicable Law
These general terms and conditions of sale shall be subject to French law, unless otherwise required by Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). In the event of any difficulty arising from the ordering or delivery of the Items and before any legal action is taken, the Customer shall have the opportunity to seek an amicable solution with AWARE or to seek arbitration with the local consumer mediation service in AWARE’s jurisdiction.
30/11/2019 12:31 GMT+2