General Terms of Sales

A.de.S.E: GENERAL TERMS AND CONDITIONS OF SALE – v18022025

 

PRELIMINARY NOTICE

International Orders

By confirming their order, individual and private customers acknowledge that each country has different regulations and agree to the following:

• They will act as the importer for A.de.S.E & Associés products ordered in the destination country.
• They acknowledge they may be subject to local fees and import duties in their destination country.

Contract Language

This website has been translated into English from French. In case of interpretation doubts, the French version of the website shall prevail.

 

GENERAL TERMS AND CONDITIONS OF SALE

1. PURPOSE:

These general terms and conditions of sale aim to define the rights and obligations of the company A.de.S.E & Associés SAS (hereinafter referred to as “A.de.S.E”) and apply exclusively between A.de.S.E, 66 chemin de la sauvegarde, 69130 Ecully, SIRET: 93046231200016 and any individual consumer acting for private use (hereinafter “the Client”) visiting or purchasing via the website www.a-de-s.e.fr (hereinafter “the Site”).

These terms do not apply to relationships with professional clients.

Through the Site, A.de.S.E allows the Client to order products online (hereinafter “the Product(s)”) in accordance with these terms and conditions.

Any order placed with A.de.S.E constitutes the unconditional acceptance by the Client of these general terms and conditions. A.de.S.E may modify these terms and conditions at any time without prior notice, with the applicable terms being those in effect on the date of the Client’s order.

These terms and conditions are permanently accessible and downloadable on the Site.

A.de.S.E reserves the right to modify or discontinue the service or any part of it at any time without prior notice.

 

2. PROCESSING OF PERSONAL INFORMATION:

Online registration is required for the purchase of products by the Client.

Creating an account allows the Client to:

• Save their credit card information for simplified and faster payments;
• View their order history;
• Edit personal information (billing address, delivery address, etc.).

When registering or making purchases on the Site, the Client provides certain information, such as their name, phone number, email address, and payment details (credit card or other). The Client guarantees that all provided information is true, complete, and accurate.

The personal information provided by the Client will be used in accordance with A.de.S.E’s General Terms of Use and applicable legislation.

 

3. PRODUCTS AND COMPLIANCE:

3.1 Products offered for sale are displayed on the Site with descriptions. The characteristics of the Products were presented to the Client prior to the order as part of the pre-contractual information provided.

3.2 Products offered by A.de.S.E comply with applicable standards in France and the European Union. Items such as photographs, texts, graphics, and all other information accompanying the Products are not contractual, which the Client acknowledges. Consequently, A.de.S.E cannot be held liable for errors, omissions, or changes made by suppliers or publishers.

3.3 Some products or services may only be available online through the Site. A.de.S.E strives to display colors and images of products as accurately as possible. However, A.de.S.E cannot guarantee that the color displayed on the Client’s screen (PC, tablet, phone, etc.) will exactly match the product received.

3.4 A.de.S.E reserves the right to limit sales of its Products to any person, geographic area, or jurisdiction on a case-by-case basis.

3.5 All product descriptions or prices are subject to change at any time without prior notice, at A.de.S.E’s sole discretion.

 

4. CLIENT’S OBLIGATIONS:

4.1 The Client declares they are at least 18 years old and have the legal capacity or parental authorization to place an order on the Site.

4.2 The Client agrees to provide accurate and necessary information to A.de.S.E for fulfilling the order, such as their name, address, phone number, and valid email address. The Client is responsible for the consequences of providing false or inaccurate information.

4.3 Upon order placement, A.de.S.E sends an email confirming the order and informing the Client of the shipping date for the Products.

 

5. ORDER:

5.1 Orders are validated upon acceptance of payment requested by A.de.S.E.

5.2 A.de.S.E reserves the right to cancel or refuse an order in case of a dispute with the Client over a previous order.

5.3 A.de.S.E accepts orders within the limits of available stock and informs the Client of product availability at the time of order confirmation. If products are unavailable on the committed delivery date, A.de.S.E will notify the Client by email as soon as possible. The Client may then cancel their order within 30 days of notification and request a refund. Definitive or temporary unavailability shall not, under any circumstances, engage the liability of A.de.S.E, nor shall it entitle the Client to any compensation or damages.

5.4 Orders are limited to a total of 20 products and three identical items per order. A.de.S.E reserves the right to refuse orders exceeding this limit.

5.5 Products ordered must not be intended for resale.

5.6 Personalization: A.de.S.E may offer customization options for certain products. If a customization request is rejected, the order will be canceled, and the Client will be notified by email. In such cases, if the Client’s payment method has already been charged, the amount will be refunded.

 

6. PRICES:

6.1 Prices displayed on the Site are in euros, inclusive of French taxes (VAT and other applicable taxes), excluding shipping fees and promotional codes. Shipping fees are indicated in the Client’s cart before final order validation.

6.2 A.de.S.E reserves the right to change product prices without prior notice.

 

7. DELIVERY:

7.1 Products are delivered by a third-party provider within France and in most foreign countries, as indicated on the Site (non-contractual information). If delivery to a particular country is not possible, A.de.S.E will contact the Client to determine whether the order should be canceled or delivered through an alternative method. Products are shipped with a delivery note to the address provided by the Client during the order process. A.de.S.E cannot ship orders to P.O. boxes or accept orders where the personal delivery address (or, for France, the relay collection point) cannot be identified. Delivery times indicated on the Site are for guidance only and represent the average processing and delivery times. To ensure these times are met, the Client must provide accurate and complete information regarding the delivery address (e.g., street number, building number, access codes, intercom names/numbers, email, phone number, etc.).

A.de.S.E undertakes to inform the Client of the progress of their order.

In case of a delivery delay exceeding 15 days within France or 4 weeks internationally from the date communicated by A.de.S.E, the Client may cancel the order via email and request a refund. Refunds will be issued within fourteen days of receiving the Client’s cancellation notice. If the item is shipped before the cancellation is received, A.de.S.E will refund the item’s cost, shipping fees, and return costs upon receipt of the item, provided it is complete, in its original condition, and with all attached tags.

Failure to meet delivery deadlines does not entitle the Client to compensation.

7.2 A.de.S.E reserves the right to offer free shipping during specific and limited promotional periods. Outside these periods, the Client cannot request shipping fee exemptions.

 

8. PAYMENT:

8.1 Payment Methods: Payments can be made using credit cards (examples: Visa, Mastercard), PayPal, or any other payment method indicated on the Site. For transactions made using a credit card, the Client must provide the card number, expiration date, and CVV code. The Client’s communication of their credit card number constitutes authorization for A.de.S.E to charge their account for the total amount of the order. No cash on delivery shipments will be accepted, whatever the reason. All purchases are securely processed.

8.2 Pre-orders: For pre-orders, 100% of the total amount (inclusive of taxes) must be paid at the time of ordering. In no case may the amounts paid be considered as deposits or down payments.

 

9. RETURNS AND REFUNDS:

9.1 Returns: In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the delivery person of any reservations immediately, and A.de.S.E by e-mail to service.clients@a-de-se.fr within 3 days of receipt. 

The Customer must provide any justification as to the reality of the damage noted (example: photo of the package before opening, photo of the damaged product). A.de.S.E customer service will examine the request, which may be accepted or rejected. A return slip will be attached to the acceptance by email by A.de.S.E.

The Customer must return the Product by mail in its original packaging (if possible), in its condition of receipt, unwashed and accompanied by the receipt or proof of purchase

Only products damaged before receipt will be exchanged.

In the absence of a claim made within the aforementioned time limit and conditions, the Products delivered will be deemed accepted by the Customer.

9.2 For product returns to A.de.S.E in mainland France:

Shipping costs for returning the Product are covered by A.de.S.E. 

9.3 Returns from outside France: For returns from outside metropolitan France, the Client must bear return shipping costs unless the item received is damaged. A.de.S.E will assess the issue on a case-by-case basis and determine the responsible party for return costs. A.de.S.E reserves the right to refuse returns or reduce the refund amount if the products are soiled, show signs of wear, or have had their tags removed. The returned Product is at the Client’s risk. Products will be reimbursed within a maximum of 30 days from their receipt by A.de.S.E. Any refund will use the original payment method. In cases of non-compliance by the Client with return conditions, A.de.S.E will not process the refund for the affected items.

9.4 Returns for non-conformity or latent defects:

In cases where the Client returns a Product due to a proven non-conformity confirmed by A.de.S.E or for a latent defect, the Client must use the return method specified by A.de.S.E’s customer service. In this context, return shipping costs will be covered by A.de.S.E either through a prepaid return label or by reimbursing the Client for the actual return shipping cost (the receipt for shipping fees must be included in the package; otherwise, no reimbursement can be claimed).

 

10. PRE-ORDERS:

10.1 Pre-orders may occur temporarily without prior notice and without a fixed deadline.

10.2 The delivery time and/or date are provided for information purposes only.

A.de.S.E is obligated to keep Clients informed about the status of their pre-order and any potential delays concerning the estimated timeline.

10.3 Pre-orders are fulfilled in the order of purchase priority established by the Clients.

10.4 Aside from the modifications outlined in this section, all other conditions remain valid and binding.

 

11. RIGHT OF WITHDRAWAL:

11.1 In accordance with Article L. 221-18 of the Consumer Code, the consumer who concludes a remote contract has a withdrawal period of fourteen (14) days from the date of receipt of the Product to cancel their order. However, the Client may exercise their right of withdrawal starting from the conclusion of the Contract.

To exercise their right of withdrawal, the Client must electronically send the withdrawal form provided upon request to the following email address: service.clients@a-de-se.fr.

A.de.S.E will promptly send the Client an acknowledgment of receipt of the withdrawal by email.

The Client must then return the Products within seven (7) days of sending the withdrawal form, along with a copy of the invoice. The costs and risks of return are the sole responsibility of the Client. Products must be returned to the following address:

A.de.S.E c/o CAMALO

LES SOURCES 

RUE ADRIENNE BOLLAND – VC ZAC L’ORME

42340 VEAUCHE France

It is specified that the return shipping costs are borne solely by the Client.

The cost of returning the Product is equivalent to the initial standard shipping cost offered by A.de.S.E at the time of the order.

A.de.S.E commits to refund the Client the price of their order within 14 days of receiving the Products. The refund will be made using the same payment method used by the Client for the initial transaction.

Products must not have been used or damaged and must be returned intact in their original packaging with their tags still attached and any accessories included.

The Client may be held liable for any deterioration of the Product caused by the Client.

 

12. RECYCLING OF USED PRODUCTS:

A.de.S.E is committed to an environmentally responsible approach as part of a circular economy. A.de.S.E pledges to recycle used products returned by Clients.

 

13. INTELLECTUAL PROPERTY:

The Client is not authorized to download, modify, or partially or fully reproduce any part of the Site or its content (product listings, descriptions, images, videos, etc.).

No part of the Site may be reproduced, copied, sold, or exploited for any purpose without prior written authorization from A.de.S.E.

All copyrights, trademarks, and other distinctive signs or intellectual property rights associated with the elements of the Site remain the full and exclusive property of A.de.S.E or the Société Pour L’Oeuvre et la Mémoire d’Antoine de Saint Exupéry for the trademarks Antoine de Saint Exupéry®, Vol de Nuit®, Courrier Sud®, and Terre des Hommes®.

The Client is required to respect intellectual property rights and must not reproduce or use trademarks appearing on the Site or Products in any form that could harm A.de.S.E or its licensors.

 

14. WARRANTY AND LIABILITY:

A.de.S.E is only responsible for reasonable efforts to provide access to the Site, manage the order process, and deliver Products. A.de.S.E cannot be held responsible for any issues arising from internet use, such as service interruptions, external intrusions, or viruses.

The Client benefits from the legal guarantee of conformity (Articles L. 217-3 to L. 217-16 of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 to 1649 and 2232 of the French Civil Code).

14.1 Legal Guarantee of Conformity:

Excerpts from the Consumer Code:

• The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for defects of conformity resulting from packaging.
• To conform to the contract, the goods must be suitable for the use typically expected of similar goods and match the description provided by the seller.

The Client has a two-year period from delivery to report a conformity defect.

14.2 Guarantee Against Hidden Defects:

Excerpts from the Civil Code:

• The seller is bound by the warranty for hidden defects that render the product unfit for its intended use or that significantly diminish its value.
• The Client has the option to return the item for a refund or keep it for a partial refund.

The Client has two years from discovering a hidden defect to file a claim.

14.3 Returns for Hidden Defects:

If the Client returns a Product for non-conformity or a latent defect, they must use the return method specified by A.de.S.E customer service. In such cases, A.de.S.E will cover the return shipping costs via a prepaid label or reimbursement upon presentation of a receipt. Returns must comply with the conditions outlined by A.de.S.E to qualify for refunds or exchanges.

 

15. FORCE MAJEURE:

In the event of a force majeure occurrence, the affected party must notify the other within 15 days via registered mail. Force majeure events include, but are not limited to:

• Total or partial strikes;
• Lockouts;
• Civil disturbances, insurrections, or wars;
• Acts of terrorism;
• Natural disasters (e.g., earthquakes, storms, floods);
• Epidemics;
• Blockages of transportation or supply networks;
• Governmental or legal restrictions;
• Failures of telecommunication or computer systems.

All obligations are suspended for the duration of the force majeure event. If the event persists beyond three months, either party may terminate the agreement without compensation.

 

16. VALIDITY, GOVERNING LAW AND DISPUTES:

16.1. Partial invalidity of a clause

If any of the stipulations of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.

16.2 Governing law

These terms are governed by French law, both in terms of substance and form. Any disputes shall first attempt to be resolved amicably.

In the absence of an amicable resolution, disputes will be submitted to the competent courts in Lyon, France, regardless of the Client’s country of residence.

16.1 Consumer Mediation:

If you are a “consumer” as defined under French Consumer Code, you must first send your complaint via the Site’s contact form, selecting “Other” or by mail to service.clients@a-de-se.fr.

If unresolved, you may pursue mediation at no cost within one year of your complaint through the FEVAD mediator:

Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD) 60 rue de la Boétie, 75008 Paris mediateurducommerce@fevad.com https://www.mediateurfevad.fr.

Additionally, you can access the European Commission’s online dispute resolution platform under Regulation (EU) No 524/2013: http://ec.europa.eu/consumers/odr.