Terms of sale
1. Scope and Enforceability of the Terms and Conditions of Sale
1.1. These Terms and Conditions of Sale are made available to each customer to enable them to place an order.
1.2. Placing an order implies the customer’s full and unconditional acceptance of these Terms and Conditions of Sale.
1.3. No special conditions or other general terms issued by the customer may prevail over these Terms and Conditions without the express written consent of AVRANCHES AUTOMATIC.
1.4. Any conflicting condition set by the customer shall therefore, unless expressly accepted, be unenforceable against AVRANCHES AUTOMATIC, regardless of when it may have been brought to its attention.
1.5. The fact that AVRANCHES AUTOMATIC does not invoke any provision of these Terms at a given time shall not be construed as a waiver of the right to invoke it at a later date.
2. Order Placement, Confirmation and Contract Formation
2.1. The Website presents a commercial offer for the sale of products at all times. However, this offer does not constitute a legally binding standing offer, as product and service availability is provided for information purposes only. A contract shall only be deemed definitively concluded once the order, and more specifically each product request, has been confirmed by AVRANCHES AUTOMATIC.
2.2. AVRANCHES AUTOMATIC reserves the right not to process payment and to reject any order in the event of supply issues, problems related to the order received, foreseeable delivery issues, incomplete customer information, or for any other lawful reason. Customers will be informed within two (2) business days following the order if a problem prevents fulfilment. Where the customer has been informed prior to delivery, AVRANCHES AUTOMATIC may not be held liable for product unavailability.
2.3. Following payment validation, in accordance with Article 3 of these Terms, the order shall be deemed accepted by AVRANCHES AUTOMATIC. Acceptance or refusal of the order shall be confirmed to the customer by email, telephone, fax or post no later than two (2) business days after receipt of the order.
2.4. Any request by the customer to modify or cancel an order may be considered provided it concerns products, transport or delivery and is submitted by email or fax no later than four (4) hours after receipt of the order confirmation.
2.5. Once the parcel has been handed over to the carrier, no modification or cancellation may be accepted and the amount paid shall not be refunded.
2.6. Photographs displayed on the Website are for illustrative purposes only and do not constitute a contractual commitment.
3. Orders – General Obligations of the Parties
3.1 Obligations of AVRANCHES AUTOMATIC
Upon acceptance of an order, AVRANCHES AUTOMATIC undertakes to sell and deliver the ordered products (“Products”) to the customer. The Products shall be handed over to the designated carrier no later than two (2) business days after order acceptance, subject to available stock. AVRANCHES AUTOMATIC has entered into a contract with the carrier, who undertakes to deliver the Products to the address provided by the customer.
3.2 Obligations of the Customer
The customer undertakes to provide an address where delivery may be made during business hours and to pay the agreed price (Products, handling, packaging and transport costs). The customer shall also directly pay any customs duties, VAT or other taxes applicable upon importation into the destination country.
The customer undertakes not to resell the Products. All orders are for personal use only or for the personal use of the designated recipient, who shall be deemed to have accepted these Terms.
4. Prices
4.1. The total price indicated in the order confirmation (“Price”) is final and includes the price of the Products, handling, packaging and transport costs (subject to minimum order conditions), excluding import taxes.
4.2. Prices are expressed in Euros, including VAT, ex works Saint-Quentin-sur-le-Homme. French VAT at 20% applies to private individuals in France, overseas territories, Corsica, the European Union and other countries. VAT also applies to businesses established in France and EU businesses without a valid intra-community VAT number.
4.3. Shipping rates depend on destination, weight and volume and include packaging and transport costs. Further details are available upon request.
4.4. Import taxes do not apply within the European Union unless legislation changes. Outside the EU, any customs duties or taxes are payable by the recipient upon delivery.
5. Payment at the Time of Order
5.1. Payment is due immediately online by credit card (Carte Bleue, Visa, Eurocard, Mastercard). No early payment discounts or late payment penalties apply.
5.2. The transaction currency is the Euro. Any other currency amounts shown are indicative only.
5.3. Orders must be paid in full to be processed. Unpaid orders cannot be delivered. Card charges are processed in Euros upon order acceptance.
5.4. Customers must provide their card number and expiry date. Secure SSL encryption ensures confidentiality of transmitted data.
5.5. The invoice relating to the order will be sent upon delivery.
6. Product Delivery
6.1 Preparation and Dispatch
Products are packaged in secure, appropriate packaging. Customers are responsible for providing accurate and complete delivery details. AVRANCHES AUTOMATIC shall not be liable for delivery failure due to incorrect or incomplete address information. Any re-shipping costs shall be borne by the customer. P.O. box addresses are not accepted.
The customer must inspect the parcel in the presence of the carrier and note any anomalies on the delivery slip. Failure to do so prevents any claim against the carrier.
The logistics center is located at:
AVRANCHES AUTOMATIC – 11 ZA CROMEL – 50220 Saint-Quentin-sur-le-Homme – France
6.2 Delivery Times
Delivery times depend on destination and season and range from one (1) to nine (9) business days from order confirmation. These times are indicative only. Orders placed on Friday, Saturday or Sunday are shipped the following Tuesday. During peak periods, delays may occur.
7. Transfer of Ownership and Risk
Ownership transfers to the customer only after full payment. Risk transfers upon handover of the Products to the carrier.
8. Complaints and Disputes
Customers must verify delivery conformity upon receipt. Claims must be supported by written, dated and signed reservations on the carrier’s delivery note and sent by registered letter within 12 hours. No claims will be accepted after this period.
No product returns are accepted. Where damage is proven, AVRANCHES AUTOMATIC may refund or replace the Products at its discretion.
9. Returns
Returns require prior written agreement and must be made within 48 hours of approval. Return shipping costs are borne by the customer. Orders returned due to unclaimed parcels or incorrect addresses are subject to re-shipping fees.
10. Data Access and Rectification Rights
In accordance with French data protection law, customers have the right to access and rectify personal data. Requests may be made by email, post or phone using the contact details provided.
11. Liability – Limitation of Liability
AVRANCHES AUTOMATIC shall not be liable for non-compliance with legislation applicable in the delivery country. Liability is limited to the lesser of the direct damage suffered or the order amount.
12. Warranties – Limitation of Warranties
Products are guaranteed to be of good quality. No other express or implied warranties apply. Product images are non-contractual.
13. Severability – Force Majeure – Applicable Law
If any provision is held invalid, the remaining provisions remain in force. Neither party shall be liable for force majeure events.
These Terms and Conditions are governed exclusively by French law.