Terms and conditions
These Terms and Conditions of Sale and Use (hereinafter named "TCSU") apply to the Website located at www.awalestudio.com (hereinafter named "Website", which is an electronic commerce accessible through the internet, open to all users of this medium (hereinafter named "Client" or "Web user").
The Website www.awalestudio.com is edited by the company AWL – Awale (hereinafter named "AWL"), the headquarters are located at 116 rue Falguière 75015 Paris, and the siret number is 802 433 680 00013.
By buying a product on this Website, you declare agreeing to the following Terms and Conditions of Sale and Use. If you do not agree, be kind to not buy AWL items on this website and thank you for your visit.
Article 1 – Object
The current TCSU define the rights and obligations resulting in the online sale of products presented on the Website between AWL and the Client. They rule all the steps of the ordering process and ensure the follow-up of the order between the contracting parties on the Website, namely AWL and the Client or AWL and the Web user.
The current TCSU also define the conditions of use of the Website by the Web user.
These TCSU apply with the exclusion of any other document.
Article 2 – Product
Each product and item proposed on the Website is presented and described with the greatest possible accuracy.
The photographs, videos, texts or any other media reproduced and illustrating the proposed products are only suggestions of presentation and are not include in the contract ruled by the current TCSU. Therefore, AWL responsibility can not be engaged on this point.
Furthermore, we remind you that a major part of AWL raw materials and products are handmade by craftsmen. Because of that, they might sometimes present small variations of shade or pattern if you compare them with the products presented on the web site.
Article 3 – Price
The prices of AWL products are presented in euros (€) all taxes included (VAT and other applicable taxes the day of the order) unless otherwise specified, not including treatment and shipment charges.
In case of order from an other country than metropolitan France, the Client is considred as the importer of the concerned product(s). Customs duties or import taxes or state duties or other local taxes may be due. These taxes and ammounts are not under AWL responsibility, they will be chargeable to the Client and of his full responsibility.
AWL has the right to modify the prices of its products at any time, but an ordered product will be charged on the basis of the current price at the moment of the order validation, if it is still available.
The products proposed on the Website remain AWL property until the complete payment of the order price.
From the reception by the Client of the ordered product, risks of loss or damage of the said product are transferred to the Client.
Article 4 - Order
AWL has the right to not accept a payment, and not confirm an order for any reason.
Article 5 - Validation of the order
Any order made on the Website means that the Web user completely agree to the current TCSU, without any exception.
All the supplied data and the validation of the order will be registred. They will be considered as proofs of the transaction.
The Web user declares having full knowledge of the said conditions.
The validation of the order will be considered as the signature and acceptance of the made orders and transactions.
Article 6 – Payment
The validation of the order involves the client to pay the indicated price corresponding to its order.
Payments can be made only by credit card.
The bank server and payment page are secured through a S.S.L. (Secure Socket Layer) encryption in order to better protect all the information linked to this method of payment, and at no given time is the Client banking information in transit on the AWL computer system.
Article 7 – Right to retract
In accordance with applicable law of the article L.121-21 of the consumer code, the Client is entitled to a delay of fourteen (14) days counting from the date of reception to return, at his own charge, the product(s) he has ordered.
Products have to be returned in their original condition and complete (packaging included). In this context, the Client responsibility is engaged. Any damage affecting or having a consequence on a product during this process leads to the cancellation of the right to retract.
In case of application of the right to retract, only if the conditions mentioned above are fulfilled, AWL will reimburse the Client for the total amount of his order, within thirty (30) days of the reception of the product(s), excluding the charges incurred when sending the product(s) back which is the Client charge to bear. The reimbursement will be made then on the credit card used during the ordering process.
Article 8 - Availability
AWL products are proposed as long as they are visible on the web site and and according to stocks availability.
In case a product is unavailable after the Web user made his order, we will inform him about the situation by e-mail and will propose him an alternative if there is one (to produce the unavailable item for a longer deadline for exemple). Otherwise, his order will automatically be cancelled and no banking debit will be made.
Article 9 – Shipping
Products are delivered to the shipping address registred during the ordering process, for the deadline indicated on the page of the order validation.
In case of shipment delay, an e-mail will be sent to the Client to inform him about the possible consequence on the delivery deadline initially annonced.
In case of shipment delay the Client has the right of cancelling his order in accordance with applicable law of the article L 138-2 of the consumer code.
Article 10 - Guarantee
Each of AWL products benefits of a legal guarantee of compliance and is guaranteed in the case of hidden defaults which render it improper to the use it is destined to, in accordance to applicable law of the article 1641 and following ones of the civil code. In case of non-compliance of a sold product, it can be send back to AWL for an exchange or a reimbursement.
All the claims, exchange or reimbursement requests have to be made by e-mail within thirty (30) days from the delivery of the order.
Products have to be sent back to AWL in their original condition and complete (packaging included).
Article 11 – Responsability
The products proposed by AWL are in accordance with the current French legislation.
Furthermore, AWL could not be held responsible for the damages resulting from an improper use by the Client of an ordered product.
Article 12 – Applicable law : competent jurisdiction
The current TCSU are subjected to the French law. In case of litigation, the Paris tribunal of commerce will be the only competent one. However, AWL is always open to find an amicable solution before any legal action is taken.
Article 13 – Intellectual property
All the elements of the Website are and remain the intellectual and exclusive property of AWL. Furthermore, AWL is the only owner of the rights on texts, general architecture, moving pictures or not, graphics, sounds, and more generally the whole contents of the Website.
In accordance with the article L 122-4 of the intellectual property code, any complete or partial representation or reproduction of the Website contents, whatever the used process, without AWL written consent is illicit (e-mails are valid). It is the same for translation, adaptation or transformation, arrangement or reproduction by an art or any process.
The violation of the article L122-4 of the intellectual property code establishes a counterfeit according to the article L335-2 of the same code. The said counterfeit establishes an offence which can be punished by 3 years of detention and a 300 000 euros penalty. When the offence was committed in organized group, the punishments are 5 years of detention and a 500 000 euros penalty.
The brands AWL and the logos presented on the Website are registered trademarks. The reproduction, imitation, use, position, suppression or modification of a registered trademark establishes a counterfeit which can be punished by 3 years of detention and a 300 000 euros penalty.
Nothing of the current TCSU can be interpreted as granting the Web user any right on the elements protected by intellectual property, which are the property or exclusive right of exploitation of AWL.
Article 14 – Personal informations
AWL has the right to collect the Client nominative informations and personal data. They are necessary for the treatment of orders, but also to improve the services and informations we offer you.
According to the law of January 6th, 1978, the Client has a right of access, rectification and opposition to his nominative informations and personal data, directly on the Website.
Article 15 – The contract in its entirety
The current Terms and Conditions of Sale and Use concluded between AWL and the Client or AWL and the Web user express the entire rights and obligations of the parties, namely AWL and the Client or AWL and the Web user.
No document, no indication, no correspondence is able to create some obligations as the current Terms and Conditions of Sale and Use, except if it is the object of an amendment signed by the two parties, namely AWL and the Client or AWL and the Web user.