Welcome to laugusteprovence.com (the “Site“).
The Site is owned and operated by L’AUGUSTE Provence SAS, a French company with its principal place of business at 6 rue Pravaz, 69003 Lyon, FRANCE (“we“, “us“, or “our“).
These Terms and Conditions apply to the distance selling of a selection of goods which are sold on the Site (our “Products”) offered on the Site www.laugusteprovence.com, for delivery in France and abroad, for any order of Products for home delivery.
By placing an order with us for Products, you will be deemed to have read, understood, and agreed to these Terms and Conditions. Please read these Terms and Conditions carefully before making a purchase on the Site.
Should you have any questions, please Contact Us.
1 – Scope and Agreement of the Terms and Conditions
Your purchase and order of Products on this Site constitute your agreement with L’AUGUSTE Provence to comply with and be bound by the Terms and Conditions.
The Site is intended for customers looking to purchase Products for personal use. Purchasing Products on the Site intended for commercial resale is strictly prohibited. When you purchase a Product on the Site, you represent and warrant that you purchase the Product for personal and not commercial purposes.
You must be at least 16 years old in order to make a purchase on the Site. If not, you must have parental consent to make a purchase on the Site. For the avoidance of doubt, the purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts with us on the Site.
We may make changes to these Terms and Conditions from time to time. Please look at the top of this page to see when these Terms and Conditions were last updated. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to your contract of sale.
The content and services available on the Site are also subject to our Privacy Policy, which is deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).
2 – Products
All the Products on the Site have been made entirely by hand, which means that L’AUGUSTE Provence cannot guarantee you Products identical to each other. Slight variations will be allowed, depending on the design of the Products (dimensions and colors). Additionally, the placement of the pattern may vary slightly, depending on the cut made during shaping.
We will take all reasonable professional care to ensure that all details, descriptions, images of Products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not guarantee that the colors, information or other content available on the Site are accurate or complete. Images of Products are illustrative only.
Orders can only be made through the Site. Orders made by mail or telephone will not be taken.
The languages available for orders placed through the Site are French and English.
The languages of the sales contract are French or English, depending on the language that you have chosen on the Site when placing your order.
The Site does not allow special orders to be placed, consisting of creating a Product made at your request, not existing or no longer in the L’AUGUSTE Provence collection or the personalization of a Product (the “Personalized item“).
For any special order, you are invited to contact our Customer Service at info@laugusteprovence.com.
These General Conditions do not apply to special orders.
In the event of special orders, you will receive a proposal accompanied by the Terms and Conditions relating to it.
We do not accept returns for special orders.
3 – Placing an order
You can place an order on the Site by adding Products to your basket and following the checkout process. Before placing an order, you may always correct any errors you entered, change the basket contents, by adding or removing one or more Products from the basket, or cancel the entire order during checkout before sending your order. Before confirming your purchase, you will review and edit all of the details of your order, including billing and shipping information.
You are required to create an Account (the “Account”) or login into your existing Account in order to place your order on the Site.
Your username and password are for your personal use only. You are responsible for maintaining their confidentiality and restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account or password.
You will not be able to request a change of address once your order has been placed.
The Privacy Policy sets out how the personal information you provide will be processed.
Creating an Account allows you to:
– track your deliveries and view your orders history;
– add or change your shipping and billing addresses for future orders;
– manage your subscriptions to the newsletter.
You should check that this information accurately reflects your selection before confirming your order.
At the end of the ordering process described above and after having accepted all of these Terms and Conditions and the Site’s Privacy Policy, you must click on the “Pay” button. By clicking on the “Pay” button, you confirm your order for the Products identified in his Basket.
After you click on the “Pay” button, your order will be confirmed and submitted for processing.
Once you have placed an order on the Site, L’AUGUSTE Provence will notify you by e-mail to acknowledge receipt of your order and provide you with an order number. Acceptance of your order will be confirmed by an e-mail that confirms that the Products have been dispatched (the “Dispatch Confirmation“).
A legally binding contract between you and L’AUGUSTE Provence will be formed when the payment has been made (even if the payment is made before the order’s shipment).
In general, it is provided by express agreement between you and L’AUGUSTE Provence that the e-mail will be authentic between the parties and the automatic registration systems used by the Customer Service, as to the nature and date of the order.
However, for orders placed on the Site, we recommend you keep a copy (in electronic format and / or on paper) of the elements relating to your order.
Your order may not be accepted if a Product you have ordered is out of stock, if there is a Product or pricing error, or if your payment is declined (or otherwise not authorized). Where permitted by applicable law, please note that we reserve the right to reject any offer to purchase by you at any time before Dispatch Confirmation.
If one or more Products are unavailable after you have placed the order, L’AUGUSTE Provence will inform you by e-mail, offering either to order another Product as a replacement or to cancel the order.
If you decide to cancel your order, your credit card will not be charged and, if this is already the case, you will be fully refunded.
L’AUGUSTE Provence does not incur any liability in the event of an out of stock or unavailability of Products.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
4 – Pricing
Prices for all Products are shown and charged in EUR/GBP/USD/CAD/AUD/JPY, depending on the customer’s location address.
Prices in euro and GBP are value-added tax inclusive.
Prices in USD, CAD, AUD, and JPY are excluding sales taxes.
Prices on the Site may be modified at any time and without notice.
5 – Payment
Online payment is accepted exclusively by Visa, MasterCard, American Express, or Paypal.
You guarantee L’AUGUSTE Provence that you have all the authorizations to use the payment method you have chosen for the order.
Your billing name and address must match that of the credit card used for payment for your security.
Online payment uses the SSL protocol, the industry standard in transferring information to process your orders, which offers maximum safety.
No payment data is stored on the Site. The payment request is sent in real-time to the Shopify secure payment system.
Please note that all cardholders are subject to validation checks and authorization by the issuer of the card.
If the issuer of your payment card refuses to pay or does not for any reason authorize payment, we will not be liable for any delay or non-delivery of Products.
We retain the legal ownership of all Products until full payment has been made by you and received by us, and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon shipment.
Any bank charges remain your responsibility (including in the case of a refund).
6 – Shipping and Delivery
All our products are shipped from France. L’AUGUSTE Provence delivers to you in the following delivery zone:
Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Czech Republic, Romania, Slovakia, Slovenia, Sweden, United Kingdom and Switzerland, France (including Corsica, Guadeloupe, Martinique, Mayotte, Reunion, and French Guiana), Monaco, USA, Canada, Singapore, Hong Kong, Taiwan, China, Japan, South Korea, Vietnam, Indonesia, Israel, Saudi Arabia, Qatar, United Arab Emirates, Mexico, Brazil, Argentina, South Africa, and Russia.
For orders to countries outside our delivery zone, feel free to contact our Customer Service at info@laugusteprovence.com, and we will be happy to let you know the delivery options.
We aim to process your order within 1 – 2 days of it being placed. L’AUGUSTE Provence only ships orders Monday to Friday, during French office hours (9 am – 6 pm CET) and does not operate on public holidays.
Once your order is ready to ship, you will receive a tracking number via email. You can use this tracking number to see where your package is currently located. Products may be subject to Customs inspection and duty (if applicable). Customs clearance is not included in delivery standard/transit time. If you have any questions related to your delivery, please contact our Customer Service at info@laugusteprovence.com.
Regarding the economy delivery method, due to this delivery method which is excluding insurance, under no circumstances may the Customer receive a refund or an exchange from L’AUGUSTE Provence in the event of loss, theft, or damage.
Below are the delivery methods available with estimated arrival times (these are estimated delivery times only. Therefore, L’AUGUSTE Provence is not guaranteeing delivery dates) calculated according to the currency related to your order.
When placing an order for shipment to a country outside of France, the customer is the “importer” of the product. Therefore, the order may be inspected by customs and border protection, who will determine if any customs duties, taxes, or charges are applicable.
It is the customer’s (“the importer”) responsibility to cover any applicable country (or state) duties and/or taxes to ensure compliance with customs regulations.
US customers are not liable for customs fees on orders received totaling under $800 per day.
For delivery of over £135 in the UK, some parcels could require additional delivery duties. In such case, L’AUGUSTE Provence covers customs fees that may apply to the order under the Incoterms 2020 DDP.
In some cases, local customs may cause delivery delays that are beyond our control. Your order can be tracked on our carrier’s website.
L’AUGUSTE Provence does not cover customs fees or country and state taxes (except in the UK) that may be applicable to the order. This cost will be at the customer’s own expense.
If the customer refuses to pay the customs duties, taxes, or charges if applicable in its destination country, the return costs of the products will be at the customer’s own expense. In such a case, L’AUGUSTE Provence will refund the invoice price of the products (excluding the delivery costs) after receiving the products:
- in their original condition and packaging
- in perfect condition
- and complete (accessories, instructions, protective cover)
Please do not hesitate to contact us if you have questions.
7 – Returns
Products must be returned within thirty (30) days from their date of delivery, by post, in their original condition and packaging, in perfect condition, and complete (accessories, instructions, protective cover.). Returns should also include the Invoice (or a copy).
Gift cards are non-returnable and non-refundable.
We also do not currently provide exchanges.
Please email us at info@laugusteprovence.com before the thirty (30) day expiration date after receipt of the products with the following:
– Order Number
– Product Name (listed on the invoice)
For gift returns, only the customer who placed the order can request a refund via our Customer Service and according to the terms of our return policy. To request a refund, please send the products to be returned to the address below within seven (7) days from the date you contacted our Customer Service at info@laugusteprovence.com:
L’AUGUSTE Provence 6 rue Pravaz, 69003 Lyon, FRANCE
Return costs remain entirely at the expense of the customer, except in the event of non-conformity of the products delivered. Risks associated with the return shipment are also the responsibility of the customer. We recommend tracking your returns and keeping proof of the return in case of any shipping issues.
Subject to acceptance of the returned products, L’AUGUSTE Provence will reimburse you according to the invoice price (delivery costs excluded) by crediting the bank account corresponding to the bank card used for payment, in the same currency used at the time of payment, within three (3) business days of receipt of the products.
We will send you a confirmation email once the reimbursement has been made.
Incomplete, damaged, unlabeled, soiled, or products in any other condition that could reasonably suggest that they have been used or worn cannot be refunded and will be returned to the customer.
L’AUGUSTE Provence reserves the right to refuse refunds for products returned more than forty (40) days after delivery to the customer and products in question will be returned to the customer.
8 – Limited warranty
All claims for defective Products must be made by e-mail at info@laugusteprovence.com immediately upon discovery and no later than two (2) years after the Product’s delivery.
Subject to the full extent permitted by law, in the event of any defect during the two (2) years warranty period, you may choose between repairing or replacing the Product unless one of these choices results in a disproportionate cost for L’AUGUSTE Provence. If the repair or replacement of the Product is impossible, you may be refunded the price paid and return the Product or keep the Product and have part of the price returned, unless the lack of conformity is minor. The repair, replacement, or reimbursement of the Product will occur at no cost to you.
L’AUGUSTE Provence will provide you with Products free from hidden defects that would render Products unfit for the use for which they are intended or reduce such usage to such an extent that you have not acquired them.
This warranty will only apply if you request it immediately upon discovery and no later than two (2) years after the Product’s delivery.
In the event of a hidden defect, you will choose between returning the Product and requesting a full refund of the returned Product or keeping it and having part of the price returned.
It will be up to you to prove that you meet the conditions of the guarantee.
You must return the Product to L’AUGUSTE Provence and contact first the Customer Service.
Products modified, repaired, integrated, or added by you are excluded from the warranty. The warranty will not cover Products damaged in transit or due to misuse.
9 – Disclaimer of Warranties
L’AUGUSTE Provence’s liability can not be engaged in terms of the Terms and Conditions obligations in the case where the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to a fault of the Customer or the occurrence of an event of force majeure as defined by the French courts.
UNLESS STATED OTHERWISE, L’AUGUSTE PROVENCE PRODUCTS ARE SOLD ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT ANY GUARANTEE. L’AUGUSTE PROVENCE IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED DURING THE USE OF THE SITE. IN THE EVENT THAT L’AUGUSTE PROVENCE’S LIABILITY SHOULD BE ESTABLISHED AND WITHHELD THAT IS RELATED TO DAMAGE SUSTAINED BY A CUSTOMER AND ATTRIBUTABLE SOLELY TO THE PLACEMENT OF AN ORDER, IT IS LIMITED TO THE AMOUNT THAT THE CUSTOMER PAID L’AUGUSTE PROVENCE FOR THE ORDER.
10 – Intellectual Property Rights
L’AUGUSTE Provence is the owner of the Website’s domain name. Unless otherwise indicated, the intellectual property rights over the content of the Website (such as texts, tree view, software, animations, photographs, videos, illustrations, watercolors, drawings, diagrams, graphic representations, logos) are the exclusive property of L’AUGUSTE Provence, the only one authorized to use the intellectual property rights.
The user is prohibited from copying, downloading, reproducing, modifying, creating a derivative work, assembling, decompiling, assigning, sub-licensing, or transferring, in any way whatsoever, all or part of the content or the Website. The use of all or part of the Website, particularly by downloading, reproduction, transmission, representation, or distribution for purposes other than personal and private use for non-commercial purposes by the Internet user, is strictly prohibited.
The violation of L’AUGUSTE Provence’s rights, particularly through downloading, reproduction, transmission, representation, or circulation, for purposes other than personal and private use with a non-commercial aim by the Internet user is strictly prohibited. The party liable for infringement of the above shall be liable to penalties stipulated in both the French Intellectual Property code regarding copyright infringement (article L. 335-1 et seq.) and brand rights (article L. 716-1 et seq.) in particular and the French Civil Code regarding general legal liability (article 9, Sections 1382 et seq.)
11 – Customer Service
For any additional information, any question relating to ordering tracking or a return, any complaint related to an order, you are invited to contact our Customer Service at info@laugusteprovence.com or on +33 4 28 77 08 39 from abroad, during the Services’ opening hours which are indicated in the Site’s « Contact us » section.
12 – Governing laws
French laws shall govern any disputes under these Terms and Conditions.
If any dispute relating to the application and / or interpretation of these Terms and Conditions, we invite you to contact our Customer Service at info@laugusteprovence.com.
In accordance with the provisions of the Consumer Code concerning the friendly settlement of disputes, L’AUGUSTE Provence offers a mediation service free of charge.
You may resort to a conventional mediation procedure or any other alternative dispute resolution procedure.
The mediator is CM2C.
This mediation system can be reached by:
Website: www.cm2c.net
Or by post: 14 rue Saint Jean – 75017 Paris – FRANCE
Before entering a mediation service, you are reminded that it is imperative to have previously contacted L’AUGUSTE Provence Customer Service by e-mail at info@laugusteprovence.com.
