RIGHT OF WITHDRAWAL / RETURN POLICY

1. Conditions

The final user has the right of withdrawal from the contract concluded with Au Depart Holdings (UK) Limited, a private company limited by shares registered in England and Wales (company number 10588034, VAT number: GB405-2996-89 ) whose registered office is located at 5, New Street Square, London, United Kingdom EC4A 3TW (hereinafter, the “Seller”), without penalty and without having to give a reason, within fourteen (14) business days of receipt of the products purchased on the Site (hereinafter the ”Product(s)”) eligible to return within 30 days of receiving the products.

However, we only allow exchanges on the same Product (same price) in a different style/colour.

Products must be returned in their original, unmodified, unused and undamaged condition in their original packaging, if any, and with original tags and labels attached together with all accessories, documents (e.g. instructions booklet, Product certificates) and protective covers included.

2. Process

 

To withdraw from the contract, the final user must inform the Seller of his/her intention to return or exchange a product either by:

• providing the Seller with the online return form (hereinafter, the “Form”) that conforms to the template which must be duly completed and directly communicated to us online through the Site, or
• drafting and send to the Seller another explicit statement of his/her decision to withdraw from the contract.

If the final user chooses to use the Form, he/she will receive an e-mail from the Seller confirming the exchange/return request. However, if the final user chooses to send another withdrawal statement, the final user will have the burden of proving that he/she properly and timely executed the right of withdrawal.

After withdrawing from the contract, the final user must follow the instructions described below to return the Product(s) to the Seller.

If the final user returns the Products to a store, the Products must be delivered to the store’s sales assistant within fourteen (14) business days after the receipt of the Products.

The return of the Products is free of charge; therefore, the final user will not pay the costs to return the Products purchased. From the time the Products purchased are redelivered to the shipper indicated by the Seller in the Form, the Seller shall be exonerated from all liability in the event of loss or damage to the Products during shipment.

The right of withdrawal, assuming compliance with the terms and methods described above, shall be deemed to have been exercised properly if the following terms and conditions have been fully satisfied:

1. The Form directly transmitted online through the Site or other explicit statement of your decision to withdraw from the contract must be properly completed and transmitted to the Seller within fourteen (14) business days of receipt of the Products;
2. the Products must not have been used, worn, or washed;
3. the identification tag, which constitutes an integral part of the article, must be delivered along with the Products;
4. the Products must be wrapped safely to avoid any damage, placed in their original packaging, including identification label and attached together with all accessories, documents (e.g. instructions booklet, Product certificates) and protective covers included (g., dust bag) and inside the shipping box in which they were originally sent by the Seller,
5. the return prepaid shipping label included in the shipping box must be attached to the outside of the box and seal the box securely, in case you have lost the label, please contact the Seller for assistance,
6. Products being returned must be delivered to the shipper indicated by the Seller in the Form within fourteen (14) business  days after the Seller was informed of the final user’s decision to withdraw from the contract, and
7. the products must not be damaged.

 

3. Refunds – Exchanges

Upon receipt of the returned Products, the Seller will inspect the Products to ensure that the right of withdrawal has been exercised according to the return/exchange conditions indicated above. Subject to the respect by the user of all the right to withdraw conditions, the Seller will refund any amounts previously received for the purchase of the Products in the stated manner and timing.

The amounts will be refund as soon as possible and, in any case, no later than fourteen (14) business days from the date the Seller received back from the users the Products. The Seller reserves the right to withhold the refund until it has received and checked the Products or the final user demonstrates that he/she reshipped the Products correctly and in an intact condition, whichever is the earliest.

The refund above will be made by crediting the amount paid by the final user in the same manner as the payment was made for the purchase, unless the final user expressly agreed on another method, and provided that the final user will incur no cost as a result of the refund. In any event, the Seller shall not be liable for the timing required for the refund to be credited back to the final user, as these are beyond the Seller’s control and depend on the banking deadlines and payment methods used by the user.

If the methods and deadlines for exercising the right of withdrawal provided for in subparagraphs a), f) or g) are not complied with the final user will be not be entitled to the refund of the sums previously paid to the Seller. Within fourteen (14) business days of the sending of the e-mail informing the final user that the return has not been accepted, he/she may choose to recover, at his/her own expense, the Products in the condition in which they were returned to the Seller, by informing the Seller using the method that will be communicated by the Seller to the final user. Otherwise, the Seller may keep the Products, as well as the amounts previously paid for their purchase.

In the event of non-compliance with the conditions referred to in subparagraphs b), c), d) or e), the final user will not be entitled to a full refund of the sums previously paid to the Seller. The final user will be responsible for the loss of value of the returned Products resulting from use other than that authorised by the Seller, in order to enable the Seller to ascertain the nature, characteristics and functioning of the Products. In this case, 10 to 90 % of the amounts paid to the Seller to purchase the Products returned will be deducted from the reimbursement on the basis of a specific communication that the Seller will send by e-mail to the final user. Within fourteen (14) business days of the sending of the e-mail stating the amount deducted from the refund, the final user may choose to recover, at his/her own expense, the Products in the condition they were returned to the Seller, by informing the Seller using the method that will be communicated by the Seller to the final user. Otherwise, the Seller may keep the Products, along with the amount corresponding to the percentage deducted from the reimbursement.

Timing and methods of reimbursement

Regardless of the method of payment used, the Seller shall make the full or partial refund as soon as possible and, in any event, no later than fourteen (14) business days from the date on which the Seller has been informed of the exercise by the final user of its right of withdrawal, and has been able to determine whether that right has been correctly exercised and has checked the returned Products.

The Seller shall refund the final user in the original method of payment, unless the final user has expressly agreed with the Seller on the use of a different method of payment, and provided that the final user will not incur any additional cost as a result of the refund. If the recipient of the Product indicated in the Form is different from the person who paid the amounts due for the purchase, in case of exercise of the right of withdrawal is exercised, the Seller shall refund the person who made the original payment.

The Seller designates UPS (www.ups.com) | DHL (www.dhl.com) as the shipper to return Products. The Products can be returned to the Seller free of charge through UPS/DHL, using the pre-printed adhesive label that accompanies the package containing the Products. That method allows the package to be tracked at all times, thus relieving the final user from any liability if the Products are lost or damaged during shipment.

PRIVACY POLICY

With this privacy policy, Au Depart Holdings (UK) Limited, a private company limited by shares registered in England and Wales (company number 10588034, VAT number: GB405-2996-89) whose registered office is located at 5, New Street Square, London, United Kingdom EC4A 3TW (hereinafter, “Au Depart”), pursuant to the General Data Protection Regulation, the Data Protection Act 2018 (hereinafter the “DPA 2018”) and any other applicable privacy laws, wishes to inform everyone visiting this website how their personal data will be used and processed.

Definitions

“Personal data” (under Art. 3, para. (3) of the DPA 2018) means any information relating to an identified or living individual (i.e. a living individual who can be identified, directly or indirectly, in particular by reference to (a)an identifier such as a name, an identification number, location data or an online identifier, or(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.

 

Natural persons can be associated with online identifiers produced by devices, applications, instruments and protocols used, such as IP addresses, temporary markers (cookies) or other types of identifiers, such as radio frequency identification tags. Such identifiers can leave traces that, particularly if combined with unique identifiers and other information received from the servers, can be used to create profiles of natural persons and identify them.

 

“Controller” (under Art. 3, para. 6 of the DPA 2018) means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. When personal data is processed only for the purpose and means for which it is required by legislation to be processed, the person who has the obligation under than legislation to process the data is the controller.

 

“Processing" (under Art. 3, para. 4 of the DPA 2018), means in relation to information, means an operation or set of operations which is performed on information, or on sets of information, such as (a)collection, recording, organisation, structuring or storage; (b)adaptation or alteration; (c)retrieval, consultation or use; (d)disclosure by transmission, dissemination or otherwise making available; (e)alignment or combination, or (f)restriction, erasure or destruction.

 

Who is the controller and where can I contact the controller?

This website is managed by Au Depart Holdings (UK) Limited, a private company limited by shares registered in England and Wales (company number 10588034, VAT number: GB405-2996-89), which is the controller.

Company name: Au Depart Holdings (UK) Limited, Registered office address: 5, New Street Square, London, United Kingdom EC4A 3TW E-mail address: contact@audepart.com

Contact information for the data protection officer (DPO)

E-mail address: contact@audepart.com

Data processing

During navigation and for the purchase of products on the site Audepart.com (hereinafter, the “Site”), Au Depart collects and processes the following personal data:

• personal data necessary to conclude and carry out the purchase on the site, such as first and last name, e-mail address, shipping address, invoicing address, telephone and payment information;
• e-mail address to subscribe to the newsletter service;
• personal data provided for contact with Customer Service to provide the requested assistance;
• personal data for commercial communications;
• to register the Account, first and last name, e-mail address, password, gender and age/date of birth are collected. In addition, for registered users, information about access to the reserved area of the Site is collected. With express consent, by analysing personal data we can prepare information about a specific user’s interests and preferences regarding our products and services, to present proposals and offers that reflect the user’s tastes;
• information about a user’s internet protocol (IP) address, details of login activities, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used by the user to access our website, and
• information about navigation on the site, such as the pages visited and how a user interacted with individual pages, saving this information on Au Depart’s servers.

Our site is not intended for minors and Au Depart does not process personal data relating to minors. As stated in our General Terms and Conditions, by accessing to the Site and using the services offered by Au Depart, the user is deemed to be 18 years or older.

Purposes of the processing

Au Depart processes the data subject’s personal data using electronic and potentially hard-copy tools for the purposes described in the following table, which, for each of the purposes listed, specifies the legal basis, the categories of personal data, and the relevant retention period:

Purposes of the processing the personal data will undergo	Legal basis for the processing	Categories of personal data subject to processing	Retention period of the personal data
Concluding and carrying out the contract to purchase the products	Performance of a contract	Identifying personal data	Until administrative and accounting processes are completed and for an additional 10-year period
Registration on the website and using the services offered to registered users	Performance of a contract	Identifying personal data	Until a request is received to cancel the account
Providing the services offered on the website	Performance of a contract	Identifying personal data	Until the service is terminated or a request is received to cancel registration to the service
Managing requests to Customer Service	Performance of a contract/ Consent	Identifying personal data	Until the request has been satisfied
Sending a CV and evaluating an applicant for an open position	Consent	Identifying personal data and particular data about health status	12 months
Statistical analyses and surveys to improve the products and services offered	Consent	Identifying personal data	Until the user unsubscribes from the service or asks that that activity be suspended
Sending commercial communications after a product is purchased	Consent	Identifying personal data	Until the service is terminated or the user objects by unsubscribing
Communications of a commercial nature about products and services (innovations, new arrivals, exclusives, offers and promotions) and to perform market research and customer satisfaction surveys to improve services and relations with users	Consent	Identifying personal data	Until the user unsubscribes from the service or asks that that activity be suspended and, in any event, within two years
Personalising registered users’ experience on the website, sending previews and offers reflecting users’ tastes and sending commercial communications that are personalised to users’ interests	Consent	Identifying personal data	Until the consent given for that activity is revoked or that activity is terminated, and, in any event, within 12 months
Improving the purchase experience (locating the closest store, using a camera to enter credit card data)	Consent	Identifying personal data and data about geographic location	Until the service is terminated or consent given is revoked

 

Disclosure and dissemination of data

In relation to the purposes indicated, personal data may be shared for business purposes with companies in the AU DEPART group and with shipping companies (“shippers”) in order to carry out the contract to purchase products.

Transfer of data to non-EU countries

Au Depart may share personal data collected from users to third party data processors located in countries outside of the European Economic Area in connection with the above-mentioned purposes. Please be aware that countries which are outside the European Economic Area may not offer the same level of data protection as the United Kingdom, but in the event we transfer personal data to one of these locations we will take steps to ensure that your data and rights are protected by approved methods within the relevant Data Protection laws. Please contact us if you would like further information about how we protect your transferred information.

Rights of the data subject

In relation to the personal data covered by this disclosure, the data subject is entitled to exercise the rights provided by the applicable laws and listed below:

• the data subject’s right of access (consisting of the right to be informed of processing performed on his/her personal data and to obtain a copy thereof);
• right to rectify his/her personal data (the data subject has the right to obtain rectification of inaccurate personal data concerning him/her);
• right to obtain erasure of his/her personal data without undue delay (the data subject has the right to the erasure of his/her data);
• right to request the cessation of direct marketing messages or email alerts which user can go through their accounts on our website;
• right (in certain circumstances) to restrict processing/collecting of his/her personal data, in cases permitted by current law, including where the processing is unlawful, or the data subject contests the accuracy of the personal data;
• right to data portability (the data subject may request to receive his/her personal data in a structured format in order to transmit them to another controller, in the situations set forth in that Article);
• right to object to the processing of his/her personal data ; and
• right to complain to your data protection regulator (i.e., the Information Commissioner’s Office in the United-Kingdom)
• right in relation to automated decision making which has a legal effect or otherwise significantly affect the data subject (to allow the data subject in certain circumstances to access certain safeguards against the risk that a potentially damaging decision is taken solely without human intervention) ,

The above rights can be exercised by sending an e-mail to Au Depart at the following address: contact@audepart.com Au Depart has one month to respond to said e-mail.

If the data subject believes his/her rights have been compromised,

• for the UK residents: he/she has the right to lodge a complaint with the Information Commissioner’s Office ( https://ico.org.uk/)
• for ROI residents: he/she has the right to lodge a complaint with the Data Protection Commission (https://www.dataprotection.ie/)

Automated decision-making process

Au Depart may in some case use automated decision-making processes, including profiling, which produces legal effects concerning the user or similarly significantly affects him/her, only subject to the following circumstances:

• it is necessary for entering into, or performing, a contract between the data subject and a data controller;
• it is authorised by the applicable law to which the controller is subject; or
• it is based on the data subject's explicit consent.

Processing methods

The personal data will be processed in hard-copy, computerised and electronic form and entered in the relevant databases (potential customers, customers, users, etc.) which can be accessed, and thus learned of, by employees expressly designated by the controller as data processors or persons authorised to process personal data, who may consult, use, process, align and perform other appropriate operations, which may be automated, in accordance with laws necessary to safeguard, among other things, the confidentiality and security of the data, as well as their accuracy, updating and relevance to the stated purposes.

Changes and updates

The date on which this privacy policy was most recently updated appears in the header. Au Depart reserves the right to amend the information contained in this privacy policy because of later legal changes and/or additions. To the extent possible, Au Depart will make reasonable efforts to inform the users in a timely manner of changes/update to the present Privacy Policy. However, we strongly advise the user to periodically review its contents. The most updated version of the privacy disclosure will be posted on this page, indicating the date of the most recent update.

 

GENERAL TERMS and conditions

Welcome to our website “audepart.com" (hereinafter, the “Site”).

This page provides information on the terms and conditions on which users of the Site can (i) access to and use the Site and (ii) order products ( hereinafter the “Products”) through the Site (hereinafter, the “General Terms and Conditions”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE AND PLACING ANY ORDER THROUGH THE SITE.

By using the Site and/or placing an order for Products through the Site, you are deemed to have 18 years or older and to have fully read, fully understood and agreed to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions, you must not use this Site.

These Terms and Conditions refer to the following additional terms, which also apply to your use of the Site:

• the Privacy Policy which sets out the rules on which the Manager process any personal data provided by the users of the Site or collected from them by the Manager. By using the Site, final users consent to such processing and warrant that all data provided by them is accurate,
• the Cookie Policy, which sets out information about the cookies on the Site,
• the Right of Withdrawal / Return Policy which sets out the conditions of the right of withdrawal from the contract of the final users.

 

ABOUT US

This Site is managed and maintained by Au Depart Holdings (UK) Limited, a private company limited by shares registered in England and Wales (company number 10588034, VAT number: GB405-2996-89 ) whose registered office is located at 5, New Street Square, London, United Kingdom EC4A 3TW (hereinafter, the "Manager").

For any customer services queries, please either write to the Manager at 5, New Street Square, London, United Kingdom EC4A 3TW or contact the Manager by e-mail at this address: contact@audepart.com. For any other information about the right to withdraw and the privacy disclosure, please see the “Right of Withdrawal” and “Privacy” sections.

The Manager reserves the right to modify or update these General Terms and Conditions in whole or in part at any time without prior notice. Users will be notified of such changes and/or updates on the home page of the Site as soon as they are effective. Hence, we strongly advise our users to review the Terms and Conditions whenever they use the Site as they will be deemed to have accepted any change and/or update if they continue to use the Site after such changes/updates have been published on the Site. The version of the Terms and Conditions that will apply to an order will be the last version published on the Site at the time the user places said order.

Access to and use of the Site, including browsing webpages, communicating with the Manager, the ability to download information about Products and purchasing them through the Site, the content of the Site, and the Site as a whole, is intended solely for the personal and non-commercial business or professional use of our users.

Users may use, download, print, store selected portions of the content of the Site, provided they (i) only use these materials for their own personal, non-commercial use, (ii) do not copy or post the content on any network computer or broadcast the content in any media and (iii) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title, or interest in or to any content or material is granted to the users of the Site as a result of such activities. The Manager reserves complete title and full intellectual property rights in any content users may download, reproduce, print, redistribute or store from the Site.

In any case, the Manager cannot be held liable for any use of the Site by the users which is not in compliance with current law of the Site or its content by users, unless the Manager has committed intentional misconduct or gross negligence.

Lastly, any Site’s content downloaded or otherwise obtained by the users will be at the user’s election and risk.

Neither the Manager nor its parents, affiliates, partners or licensors will not be responsible (whether in contract, tort (including negligence) pre-contract or otherwise) for any (i) interruption of business ; (ii) access delays or access interruptions to the program; (iii) data non-delivery, loss, theft, failed delivery, corruption, destruction or other modification (iv) loss or damages of any sort incurred as a result of dealings with or the presence of third party Links on the Site or use of any reward or benefit of the program; (v) computer viruses, system failures or malfunctions which may occur in connection with the use of the Site by the users, including during hyperlink to or from third parties’ websites; (vi) any inaccuracies or omissions in program content; or (vii) events beyond the Manager’s reasonable control and shall be borne by the user only. The Manager makes no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit the Manager’s liability for death or personal injury resulting from its negligence or that of its servants, agents, or employees.

PRIVACY AND DATA PROTECTION

The personal information collected from the users of the Site including but not limited to information regarding purchases made by users through the Site will be used and disclosed in accordance with our Privacy Policy.

Any user of the Site is responsible for the protection and appropriate use of his/her personal information, including the identifiers allowing access to reserved services, and for any damage or prejudice that the Manager or third parties may suffer as the result of the inappropriate use, loss or theft of this information.

INTELLECTUAL PROPERTY RIGHTS

All of the content users may see and hear on the Site, including, but not limited to, the layout, artworks, images, photographs, illustrations, graphic, dialogue, music, sounds and video/audio clips, documents, designs, figures, logos, text and any other material, in any format, published on the Site, including menus, web pages, graphics, colours, drawings, instruments, fonts and the design of the Site, diagrams, layouts, methods, processes, functions and software that comprise the Site, are subject to trademark, service mark, trade dress, copyright and/or all other intellectual property rights or licenses held by the Manager, any of its affiliates companies.

The total or partial reproduction in any form whatsoever of the content on the Site without the express written consent of the Manager is prohibited. The Manager alone is entitled to authorise or prohibit the direct or indirect and temporary or permanent reproduction, in any manner or form whatsoever, in whole or in part, of the contents of the Site.

With regard to use of the Site, the user is only authorised to browse the Site and its content. The user is also authorised to perform all temporary acts of reproduction of a non-economic nature considered to be transitory or accessory, which are an integral and essential part of browsing the Site and its content as well as any other browsing on the Site carried out solely for legitimate use of the Site and its content. However, no reproduction, in whole or in part, of the Site or its content onto any medium is authorised. Any act of reproduction must be authorised by the Manager on a case-by-case basis or, where applicable, by the creators of the individual works contained on the Site. This reproduction must nonetheless be for lawful purposes and respect the copyright and other intellectual property rights of the Manager and of the creators of the individual works contained on the Site. The creators of the individual works published on the Site have, at all times, the right to claim ownership of their works and to object to any distortion of or other alteration of the works, including any action that undermines the works, integrity or reputation of the creators.

The user undertakes to comply with the copyright of the artists who have chosen to publish their works on the Site and have collaborated with the Site to create new expressive and artistic forms for publication, even if not exclusively on the Site, or as  an integral part thereof. Moreover, the user is in no event allowed to use, in any way and in any form, the content of the Site or any individual work protected by copyright or by any other intellectual property right. For example, it is prohibited to alter or modify in any way whatsoever the content and the protected works without the prior written consent of the Manager and, where necessary, of the individual creators of the works published on the Site.

TRADEMARKS AND DOMAIN NAMES

All other distinctive signs distinguishing the Products sold on the Site and present on the Site are trademarks of their respective owners and are used solely to distinguish, describe, and advertise the Products for sale on the Site. The Manager and all other owners of registered trademarks have the right to use exclusively the trademarks they own. Any use of those trademarks in violation of law because such use is unauthorised, is prohibited and will result serious legal consequences. It is forbidden to use these trademarks and any other distinctive signs present on the Site to take undue advantage from the distinctive character or renown of their trademarks, or in such a way as to harm them or their owners.

LINKS TO THIRD PARTIES’ WEBSITES

The Site may include hypertext connections (hereinafter, "Links") to third parties’ websites(“Linked Sites”). The Manager has no control and do not monitor such Linked Sites and their content which have separate privacy and data collection practices, independent of the Manager. The Manager has no responsibility or liability for the content on those Linked Sites or the rules , including the independent policies or actions of said third party sites and the privacy practices of such sites.

These Links are provided solely for the users’ convenience notably to provide them further information Therefore, users access to said Linked Sites at their own risks. Activating the Links does not constitute any recommendation or instruction on the Manager’s part to access or navigate those Linked Sites nor any guarantee as to their content or services or goods provided by them and sold to users. Hence users are advised to pay attention when they connect to such Linked Sites via the Links on the Site and to carefully read their terms of use and privacy regulations. As a reminder, these General Terms and Conditions and the Manager’s privacy disclosure do not apply to websites managed by third parties..

LINKS TO THE SITE

Anyone wishing to establish links to the Site shall to contact the Manager at the following e-mail address: contact@audepart.com in order to request the prior written consent of the Manager.

In any case, the establishment of a Link to the Site must be made in a way that is fair and legal and does not damage the Manager reputation or take advantage of it. The establishment of a link to the Site in such a way as to suggest any form of association with the Manager is forbidden.

The Manager reserves the right to refuse the activation of Links to the Site if the requesting party seeking to activate such link has engaged, in the past, in unfair commercial practices, practices not in accordance with the customs of commerce or actions of unfair competition with regard to the Manager. If the Manager is concerned that such actions may be undertaken in the future, or where the requestor has in the past taken or could undertake in the future take actions discrediting the Manager, its Site or its services.

The Manager reserves the right to withdraw linking permission without prior notice.

COOKIES

Cookies will be used on the Site to protect the operation of the Site and to improve the service offered, including the sending of advertising messages that reflect the final user’s preferences. Cookies are small text files that sites visited by the user send to his/her computer (normally the browser), where they are stored and then retransmitted to those sites upon the user’s next visit. Most browsers are initially set to accept cookies. The user may disable the operation of cookies at any time by resetting his/her browser to reject all cookies or to be notified when a cookie is sent. However, rejecting cookies may prevent the use of some functions on the Site.

Please refer to our cookie policy for more information.

WARNING ABOUT CONTENT

The Manager has taken all precautions to prevent publication on the Site of contents that describe or represent scenes or situations of physical or psychological violence or that, depending on sensitivities of the users, may be considered offensive to personal beliefs, human rights, and personal dignity in all their forms and expressions. In any event, the Manager does not guarantee that the content of the Site is appropriate or lawful in countries other than England and Wales. However, if such content is considered illicit or illegal in any of such countries, the user must avoid accessing the Site and, if the user still chooses to access the Site, the use he/she decides to make of the services provided shall be his/her sole and personal responsibility.

The Manager has also taken every care to ensure to users that the content made available through the Site is accurate and up to date as of the date of its publication on the Site and, to the extent possible, also thereafter. However, the Manager disclaims any liability to users regarding the accuracy and completeness of the content published on the Site and cannot guarantee that information available on the Site is free from errors or omissions except for liability for wilful misconduct or gross negligence and as otherwise provided by law. The Manager reserves the right to update and/or correct the content available on the Website at any time without prior notice and without any liability.

Moreover, the Manager do not guarantee to users that the Site will always be available, without interruptions or errors in functioning or that it will be safe from malicious programs (such as viruses, bugs, malware or similar) or that is suitable for any particular purposes and expressly declines any such warranties..

The Manager is at users’ disposal at the following e-mail address: contact@audepart.com for any problem arising in the context of the use of the Site. Likewise, the user is advised to contact his/her Internet services provider or to check that all devices for connecting to the Internet and accessing web content are activated correctly, including the Internet browser. Although the Manager will do its best to ensure continuous access to its Site, the dynamic nature of the Internet and its content may not allow the Manager to operate without suspensions, interruptions, or discontinuities due to the need to make updates to the Site. The Manager has taken the appropriate technical and organisational measures to preserve the security of its services, the integrity of traffic data and electronic communications against prohibited forms of use or access and to avoid risks of disclosure, destruction and loss of confidential and non-confidential data and information relating to its users present on the Site, or unauthorised or illegal access to such data and information.

TERMS OF SALE

Our business policy

The Manager has adopted a business policy: its mission is to sell Products through its services and its Site solely to the “final consumer”, by this term meaning a natural person who acts on the Site for purposes unrelated to any commercial, business of professional activities engaged in by that person. If the final user is not a consumer, he/she must not use our services to buy Products on the Site. Otherwise, the Manager may reject purchase orders coming from parties that are not final consumers and any purchase orders that do not conform to these General Terms and Conditions.

Formation of a contract with the Manager – Placing an order

To place an order on the Site and enter into a with the Manager, the final user shall follow the following steps:

1. select the Products he/she intends to order in order to include them in a specific section (the “Cart”), it being specified that the final user may review/amend his/her order at any time before confirming the placing of the order by clicking on the “Purchase button”;
2. fill the order form located in the “Cart” section in electronic format, where the shipping address and payment method must be entered.
3. select the payment method.
4. confirm the data set forth in the order form and then send it to the Manager.

Before proceeding with the purchase of the Product by transmitting the order form to the Manager, the final user will be asked to carefully read these General Terms and Conditions and the disclosure about the right of withdrawal, to print a copy of them using the print command and to save or reproduce a copy thereof for his/her personal use.

Before submitting an order, users will also be provided with (i) a summary of the commercial and contractual terms and conditions governing the purchase of the Products, which contains a reference to the General Terms and Conditions and (ii) a summary of the information about the essential features of each Product contains in the order and its price (including all applicable taxes or duties) (iii) payment methods that can be used to purchase each Product, (iv) delivery methods for the Products purchased, (v) methods of handling claims, (vi) shipping and delivery costs (including any additional costs incurred because a type of shipping and delivery that differs from and/or is faster than the standard was chosen), and (vii) the Manager’s details and mailing and e-mail addresses and (viii) the date by which the Manager undertakes to deliver the Products.

The Manager will also provide a summary of the terms, conditions and method of exercising the right of withdrawal and the manner and timing for returning purchased Products (using the “return form”).

A list of the situations in which the right of withdrawal from the contract cannot be exercised will also be provided. If applicable to the purchase, the final user will be informed that if he/she withdraws, he/she must pay the cost to return the Products. In any event, the user will be reminded of the legal warranty of product conformity and will be given the information to contact our post-sale assistance service.

The order form will be stored in our database for the period of time needed to fill orders and for the period required by law.

By transmitting the order form, users will be notified that such transmission implies an obligation to pay the price of the ordered Products. Before sending the order form, users will be asked to identify and correct any data entry errors.

Once a final user has confirm his/her order by clicking on the “Purchase Button”, the Manager will send an order acknowledgment email to the final user detailing the Products ordered. Please note that this order acknowledgment email does not constitute an order confirmation or an acceptance of the order by the Manager. The final user’s order is an offer to purchase Product(s) from the Manager and the offer shall not be deemed to have been accepted by the Manager until the Manager has sent to the final user a shipment confirmation email as described below.

Once the Product(s) is/are shipped from the Manager’s warehouse, the Manager will send a shipment confirmation email to the final user confirming that the Manager has accepted his/her order and containing the following information (i) details of the order, (ii) expected delivery date for the order (iii) information regarding the final user’s right to cancel the contract formed with the Manager. A final user will be informed in case the Manager does not or cannot accept his/her order. Please note that the contract between a final user and the Manager in relation to the Product’s set out in the shipment confirmation email will only be formed once the final user has received the aforementioned shipment confirmation email. No Product(s) will be shipped until the relevant payment has been made in full.

Note – final users are strongly advised to carefully check the details of the order acknowledgment email and the shipment confirmation email. It is the responsibility of the final users to notify the manager of any error or inconsistencies by contacting the Manager at the following address: contact@audepart.com.

The contract between the Manager and the final user for products sold via the Site will be concluded in English.

Once the contract has been concluded, the Manager will accept the purchase order. The Manager may reject purchase orders that are incomplete or inaccurate or if the Products are unavailable. In such cases, we notify the final user by e-mail that the contract has not been concluded and that the Manager rejected the purchase order, specifying the reasons.

Product availability description

The Manager tries to be as specific as possible on the Site about Product and Product availability. Each Product offered for sale on the Site may be viewed by means of the Product data sheet, through which photographic images of the Product, price per unit and colours may be seen. However, it is possible that the Site may contain typographical errors or inaccuracies. The Manager therefore reserves the right to correct any errors inaccuracies or omissions and to change and update information at any time without prior notice (including after a final user has submitted an order).

In case of unavailability of one or more Products , the Manager will notify the final user as soon as possible by e-mail and in any event, within thirty (30) days after the day following the date the order was confirmed by the final user to the Manager.

If the order form has already been sent and the corresponding price paid, the Manager will reimburse the amount paid without undue delay and the contract between the Manager and the final user will be considered terminated.

By sending the order form electronically, the final user unconditionally accepts and agrees to adhere to these General Terms and Conditions in his/her relations with the Manager. If the final user does not agree with any of the terms set forth in the General Terms and Conditions, we request that the final user not transmit the order form to purchase Products on the Site.

By transmitting the order form, the final user confirms that he/she understands and accepts the General Terms and Conditions and the additional information contained on the Site, as well as information referenced by links, including the disclosure regarding privacy and the right to withdraw.

Please note that final users must be 18 years or older to purchase Products from the Site. As mentioned above, by placing an order for Products on the Site, the concerned final user confirms and warrants that he/she is aged 18 years or older.

WARRANTIES

Only products bearing the trademark Au Départ that have been purchased by the Manager directly from authorised producers are offered for sale on the Site.

The Manager does not sell used, irregular Products or Products whose quality is inferior to corresponding standards offered on the market.

The essential features of the Products are presented on the Site in each Product data sheet. Even if the Manager has made its best efforts to display the Products on the Site accurately, the pictures of the Products on the Site may not exactly reflect the true images, colours, fabric, grain, shade, textures of the Product due to the Internet browsers or monitors/screens used by final users. Therefore, users shall rely exclusively on the description of the Products as mentioned on the Site.

PRICING AND PAYMENT

Pricing

The prices of Products are indicated on the Site in GBP (£) and EUR (€)and are inclusive or not of all applicable taxes and charges depending on the users’ delivery country. Prices indicated on the Site exclude delivery charges which shall be added to the price of the Products and will be communicated to the user during the order process and before the confirmation of the order by clicking on the “Purchase button”.

For delivery of Products to customer located in EU countries, VAT will be charged as per applicable law at the time of the sale. For delivery of Products to customer located outside of the EU, the shipment of Products may be subject to taxes, brokerage fees, customs duties and import fees levied by the destination country.

The Manager reserves the right to review and change Products prices on the Site at any time without prior notice and the Manager. Thus, the user must ascertain the final sale price before transmitting the order form.

Each Products has an identification label, which the final user must not remove. If the final user exercises the right of withdrawal, the Manager has the right not to accept the return or not refund in full amounts paid for the purchase for Products without the label, Products whose essential qualitative characteristics have been altered or damaged Products, as set forth in more detail in the “Right of Withdrawal” section as well as in our Right to Withdrawal – Return Policy.

Defect – Lack of Conformity

According to Consumer Right 2015,  the Manager is under a legal obligation to supply Products that are in conformity with the contract entered into with the final user and in particular as described on the Site, suitable for purpose and of satisfactory quality. If the final user finds that a Product sold by the Manager has defects, does not conform to the description (subject to the provisions provided for herein) or is incomplete, he/she must inform the Manager as soon as possible . at the following e-mail address contact@audepart.com.

According to the applicable law, in case of lack of conformity of a Product sold by the Manager, the final user is entitled to the following:

• up to thirty (30) days after the delivery of the Products: the final user may obtain an immediate refund of the purchase price of the Products,
• up to six (6) months following the delivery of the Products: if the Product cannot be repaired or replaced, the final user is entitled to obtain a full refund in most cases,
• up to six (6) years following the delivery of the Product: if the Products do not last a reasonable length of time the final user is entitled to obtain a partial refund.

Note: alteration, change or damage to the Products caused by the final user is not considered a defect or a lack conformity of the Products. In addition, variations in the texture, natural markings, or irregularities of nature of the Products are inherent to the Products and are not considered as defect.

Payment

The final user will be able to select one of the methods indicated in the order form to pay the price for the ordered Products (including VAT, sales taxes, or other taxes), and the associated shipping and delivery charges. In no event will costs exceeding those the Manager actually incurs (based on the payment method chosen) be charged.

If payment is made by  credit card, the financial information (e.g., credit/debit card number and expiry date) will never be used by the Manager except to complete the purchase procedures, provide a refund if Products are returned following exercise of the right of withdrawal, or if it becomes necessary to prevent or inform law enforcement of the commission of fraud on the Site. The purchase price  of the Products and shipping costs, as indicated on the order form, will be charged to the bank account indicated by the final user at the time of shipment of the Products purchased.

If a payment cannot be processed for any reason, the Manager will cancel the order, notify the user and the contract between the user and the Manager will be deemed to be terminated.

SHIPPING TIMES
	UK	EU	USA and Canada	Rest of World
Standard	3-5 Business day	3-5 Business Days	5-7 Business Days	7-10 Business Days
Express	1-2 days	1-2 Business Days	2-3 Business Days	3-5 Business Days

 

PRODUCT SHIPMENT AND DELIVERY

Purchased products shall be delivered by a courier service selected by the Manager within the timeframes indicated above. Products shall be delivered to the address indicated by the final user on the order form. Deliveries will not be made to post office boxes..

Manager is not responsible for any delivery problems arising from incomplete or incorrect address details supplied by the final user.

The purchased Products will be shipped out only after the Manager receives the corresponding payment in full. In case the payment in full is not received by the Manager, whatever the reason, the Manager may delay or refuse dispatching the Products without liability to the final users.

The Manager will take all reasonable efforts to deliver the purchased Products within 30 (thirty) days of the date indicated in the order confirmation except if a force majeure event or an event beyond the Manager reasonable control occurs. If delivery has not occurred within that deadline, the final user will be entitled to cancel the contract and the Manager shall reimburse all expenses incurred by the final user under the contract without undue delay.

Upon delivery, the final user (or his/her delegate) must: (i) ensure that the number of packages delivered corresponds to that indicated on the delivery note; (ii) ensure that the packaging and seals are intact, undamaged, not wet and have not been altered in any manner; (iii) sign the delivery note; and (iv) if requested by the courier, present an identity document.

Any damages to the packaging and/or the Products or any discrepancy in the number of packages or indications, or any lack of conformity or apparent defects of the Products must be reported immediately in writing on the courier’s delivery note. To the extent permitted under applicable laws, once the courier’s delivery note has been signed by the final user without her/him noting any objections, the final user may no longer make a claim regarding the external characteristics of the package(s) delivered (including any discrepancies in the number of packages). However, the final user may make a claim later by contacting the Manager at this e-mail address: contact@audepart.com.

The Manager will send an e-mail confirming shipment to the final user once the Products have been shipped.

 

GOVERNING LAW AND DISPUTE RESOLUTION

Unless the laws of final users’ jurisdiction require that those laws apply, these General Terms and Conditions shall be governed and construed under the substantive laws of England and the courts of England  shall have exclusive jurisdiction over any actions arising out of or relating to the General Terms and Conditions.

 

PLEASE READ THIS COOKIE POLICY CAREFFULY. IT CONTAINS INFORMATION REGARDING THE USE OF COOKIES ON OUR WEBSITE.

Data controller

Our website “audepart.com" (hereinafter, the “Site”) is managed and maintained by Au Depart Holdings (UK) Limited, a private company limited by shares registered in England and Wales (company number 10588034, VAT number GB405-2996-89) whose registered office is located at 5, New Street Square, London, United Kingdom EC4A 3TW (hereinafter, the “Manager”). The use of cookies and similar technologies (for convenience all technologies are hereinafter referred to as “cookies”) on the Site is covered by the Manager’s privacy policy. The Manager, as the data controller, operates in accordance with the provisions of applicable laws.

What is a cookie?

A cookie is a small data file containing small amounts of information that can be sent to the browser used and is stored on the user’s device when visiting certain websites such as “audepart.com”. Cookies are used to allow the site to work properly and improve its performance by making estimates on statistical data and patterns of uses (for example by recording number of visits, most visited sections etc.). Cookies also provide information to the site owner for statistical or advertising purposes, mainly to personalise the browsing experience based on the final user’s preferences (e.g. remembering the language and currency that have been set, recognising the user on future visits, etc.). Our Site uses various types of cookies, based on their characteristics and functions, and they can stay on the user’s device for different periods of time. “Session cookies”, are temporary cookie files which are automatically erased when the browser is closed, while “persistent cookies”, are permanently placed on the user’s device memory.

Method of acceptance

In most cases, cookies cannot be deployed without prior consent of the user. When visiting our Site for the first time, a pop up cookie banner containing an explanation about cookies will appear on your screen. By clicking on the “OK” button, “close” on the banner with the “X” button, browsing the page or clicking anywhere in the internal content of the site’s pages, the Manager deem you to have consented to non-essential cookies unless you have disabled them using your browser setting.

Consent for use of cookies

According to applicable law, we can store cookies on your device without your express consent if they are strictly essential for the functioning of our Site and in order to provide our services to users. For all other types of cookies, the user’s prior consent to collect cookie is legally required.

Which cookies are used and for what purposes?

The site uses different kinds of first-party cookies (cookies created and managed by the Manager) and the third-parties’ cookies (cookies created and managed by third parties based on their own privacy policies and which are not under the Manager’s control) listed below.

• Cookiebot

Each type of cookies used on our Site has its own function as summarized in the table below:

TYPE OF COOKIE	FUNCTION
Navigation Cookies	Starting with the first access, these cookies allow the site to work properly and make it possible for the user to view content on his/her device by recognising the language and market of the country from which the user is connected. They also make it possible to recognise registered users and allow them to access services in dedicated areas. Navigation cookies are technical cookies and are necessary for the site to function.
Functional Cookies	Based on the user’s express request, these cookies make it possible to recognise the user on subsequent visits, so that he/she does not have to re-enter his/her data on each visit (e.g.: “Remember me next time”). If the final user places articles in his/her cart and ends the session without completing the purchase and without removing them, these cookies make it possible to continue shopping the next time the user accesses the site (within a limited period of time), by keeping track of the cart. Functional cookies are not essential for the site to work, but improve navigation quality and the navigation experience.
Analytical Cookies	First-party cookies of this type are owned by the Manager and are used to collect anonymous, aggregated data. These cookies are used to produce statistical analyses of how users navigate the site. The Manager uses the results of these analyses anonymously and solely for statistical purposes.
First- and Third-party Marketing and Profiling Cookies	These cookies are intended to create profiles about the user to send commercial messages that match preferences expressed during the visit or to improve the navigation experience. While the final user navigates the site, these cookies are useful for showing him/her products of interest or that are similar to those the user viewed. Third-party cookies are cookies sent by third-party companies. These cookies make it possible to offer a business proposal on other affiliated websites (retargeting). The Manager has no control over the information provided by third-party cookies and has no access to that data. This information is controlled in its entirety by the third-party companies, as described in their respective policies.
Social Network Cookies	These cookies are necessary to allow the final user’s social media account to interact with the site. For example, they are necessary to express “likes” and share them on social media. Social network cookies are not necessary for navigation. For additional information about social networks’ cookie use policies, their respective privacy and cookie policies can be consulted as indicated below: Facebook: https://it-it.facebook.com/about/privacy/Google: http://www.google.com/intl/it/policies/privacy/Instagram: https://help.instagram.com/1896641480634370?ref=ig YouTube: https://support.google.com/youtube/answer/7671399?p=privacy_guidelines&hl=it

How to disable cookies via your browsers and manage preference?

Browser

Most browsers are configured to accept, control or potentially disable cookies through their settings. Depending on which cookies you disable, the Site may not operate properly and you may not be able to take full advantage of all our Site features. If you disable third parties’ cookies, you will not be prevented from making purchases on our sites. If you disable all cookies, you will be unable to complete a purchase on our Site. If you have already accepted cookies on our Site, you can update your preferences by clearing cookies from your browser and logging back into our Site. This will clause the pop-up cookie banner to re-display and entitle you to choose to use our Site without consenting to cookies. Please note that preferences regarding cookies will be reset if the user uses different devices or browsers to access the site. The following external links describe how to manage cookies on the following browsers: Internet Explorer: https://support.microsoft.com/en-gb/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac Chrome: https://support.google.com/accounts/answer/61416?hl=en Firefox: https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop?redirectlocale=en-US&redirectslug=enable-and-disable-cookies-website-preferences Third parties The site http://youronlinechoices.com/ explains how to disable third-party cookies and promotional and targeting cookies on your own computer. Please note that cookies settings and preferences are specific to each browser you are using and that you will need to configure cookies on each device you use.

Access to data and contacts

You can review the privacy disclosure for more complete information about how your personal data is processed. For additional information about cookies, questions or suggestions, to obtain assistance and explanations as to how to provide consent or selectively deny consent, and how to delete cookies and similar technologies from your browser, the Manager can be contacted at this e-mail address: contact@audepart.com.

Trade name: Au Depart Holdings (UK) Limited

 

Registered address: 5 New Street Square, London, EC4A 3TW, United Kingdom

Company registration number: 10588034

Email: contact@audepart.com

VAT number: GB405299689