Terms of sale

The terms and conditions of sale apply to any online purchase made on the website www.axara.com and are subject to prior acceptance by the customer before purchase.

1. Definition

The term "Item" refers to any product offered for sale on AXARA's website, accessible through its e-commerce service.

The term "Customer" refers to any non-commercial natural person who places an order on the website and who has full legal capacity.

The term "Order" refers to all the items selected by the customer through the e-commerce service offered on the site, thereby constituting their purchase commitment.

The term "Site" corresponds to the website edited by AXARA, accessible at the address www.axara.com, on which the items are offered for sale.

2. Preamble

The terms and conditions of sale (T&Cs) apply to Customers who wish to place an order with the company AXARA SAS. The latter is registered with the RCS of Paris under the number 309 769 164 and has its registered office at 104 Boulevard de Sébastopol, 75003 Paris. The T&Cs can be consulted from all pages of the company's website.

The T&Cs apply without exception to all products offered for sale on the site. Before placing an order, the customer must read the T&Cs as well as the current rates, and unreservedly accept these conditions. By validating their order, the customer agrees to the T&Cs, which have a value superior to any other document.

3. Warning

The sale of items on the Site is exclusively reserved for retail and private customers. The T&Cs can be consulted by any Internet user from any page of the Site.

Under no circumstances may the Site be used by professional seller Customers, alone or in groups, regardless of the method of marketing their products (online marketplaces, intermediaries, physical stores, etc.). The Customer acknowledges and accepts that the items can only be purchased in quantities corresponding to the average needs of a consumer, whether in terms of the number of items ordered in a single order or the number of individual orders placed for the same product. AXARA reserves the right to refuse an order obviously made by a professional seller Customer.

Every Customer is informed of the potential instability of the Internet network, particularly in terms of relative security in data transmission, unsecured access to the Site, unguaranteed performance in terms of volume and speed of data transmission, and virus propagation. AXARA warns each Customer of the importance of implementing adequate security measures to prevent the spread of viruses on their computer or mobile equipment.

The T&Cs may be subject to modifications, the applicable conditions being those in force on the Site at the date of placing the order. For any claim relating to an item purchased online on the Site, it is imperative to go through the Site. Likewise, items purchased in a physical store cannot be processed via the Site's services.

4. Article Specifications

The items available for purchase are those presented on the Site and are offered subject to their displayed availability. AXARA reserves the right to remove from sale, at any time, any item present on the Site and/or to replace or modify any information associated with the items appearing on this Site.

If an item is unavailable after the Order has been placed, the Customer is informed by email and the order is automatically cancelled. AXARA items are offered for sale in Euros and shipped DDP (all taxes included) to the following geographical territories: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, France Dom, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, and United Kingdom.

The following territories are not covered by the delivery offered on AXARA's website:

• Italy: Campione d'Italia, Livigno, Lugano, San Marino, Vatican City.

• United Kingdom: Channel Islands, Gibraltar.

• Spain: Ceuta, Melilla, Canaries, Tenerife

• Denmark: Faroe Islands, Greenland.

• Greece: Mount Athos

• Germany: Heligoland Island, Büsingen

• Finland: Aland Islands.

AXARA does not deliver to post boxes, hotels, APO or FPO addresses. The specifications of the items available for sale on the Site (including photographs, graphics and descriptions) are given for information purposes only and may evolve over time. Only the visual of the item displayed at the time of the Order is considered as binding for the Customer. If an error or omission is found in the description of an item, AXARA will cover the return costs.

5. Item Ordering Process

The item ordering process on this site can be carried out in three different ways. The customer can choose to place an order as a guest, by creating an account on the site, or by logging into their existing account. In all cases, the customer must add the desired product(s) to the cart, complete the order by filling in the shipping, payment, and billing information, and accept the terms and conditions of sale by checking the corresponding box. After validating the payment, a confirmation page of the order with the order number and summary is displayed.

Customers who wish to purchase products on this site have three options:

Option 1

As a guest, they must:

  • Click "Add to cart" to add the desired product(s) to the cart
  • Click on "Cart" and "Proceed to Checkout" to access the cart details
  • Click "Payment"
  • Choose "New customer" to continue the purchase
  • Fill in the shipping, payment, and billing information in the two-order steps
  • Check the box to accept the General Terms and Conditions of Sale
  • Click "Validate payment"
  • They can create an account at the confirmation stage after payment validation

Option 2

By creating an account on the site, they must:

  • Click "Add to cart" to add the desired product(s) to the cart
  • Click on "Cart" and "Proceed to Checkout" to access the cart details
  • Click "Payment"
  • Choose "New customer" to create an account
  • Fill out the registration form with name, first name, email address, and password to log in to their account
  • Fill in the shipping, payment, and billing information in the two-order steps
  • Check the box to accept the General Terms and Conditions of Sale
  • Click "Validate payment"
  • The payment confirmation page with the order number and summary will be displayed.

Option 3

When logging into their account, they must:

  • Click on "Add to cart" to add the desired product(s) to their cart
  • Click on "Cart" and "Proceed to checkout" to access the cart details
  • Click on "Payment"
  • Log in to their account by entering their email address and password
  • Fill in shipping, payment, and billing information in the two order steps
  • Check the box to accept the General Terms and Conditions of Sale
  • Click on "Validate payment"
  • The payment confirmation page with the order number and summary will be displayed.

When a customer places an order on the AXARA website, this implies that they are obligated to pay for the ordered items. The customer must be at least 18 years old and have legal capacity to place an order, or if a minor, must have parental authorization. Payment for the order constitutes acceptance of the general terms and conditions of sale, the price of the items, and the content of the order.

Once the payment is validated, the customer receives a confirmation email for their order. However, the order will only be definitively confirmed after the customer receives a shipping confirmation email for the items. If the customer does not receive any emails following their order, they must contact AXARA customer service.

AXARA is not responsible for any input or transmission errors that prevent the delivery of the confirmation email and/or items. It is recommended that the customer print the confirmation email for future reference.

The customer is not required to create a customer account to place an order on the website. If desired, they can place their order as a guest and choose whether or not to create a customer account later. Creating a customer account is free, and the customer must fill out the identification form with their personal information. The customer account is strictly personal and allows the customer to identify themselves before validating each order.

The customer must enter complete, accurate, and updated information when creating the customer account, choose a unique identifier and a personal and confidential password. If the customer suspects that a third party is using their identifier and password, they must immediately contact AXARA to change their password and/or close their customer account.

AXARA reserves the right to close any customer account and/or refuse any sale to a customer in certain cases, including default in payment of one or more previous orders, abusive or fraudulent use of the ordering service, or non-compliance with the obligations defined in the general terms and conditions of sale. The customer will be informed of the closure of their account or refusal of their order by email.

6. Prices of the items indicated on the Site

The prices of the products presented on our site are indicated in euros, all taxes included (VAT), but excluding processing and shipping fees. They include VAT as well as any applicable discounts on the date of the order. It is possible that new taxes or contributions, such as environmental taxes, may be added to the sale price of the items.

The cost of delivery, which covers shipping, packaging, and order preparation fees, is not included in the price of the products. The amount of delivery fees is specified before validating the order on our site.

AXARA reserves the right to modify the prices of items at any time, since products are billed based on the rates in effect at the time of validation of each order. Therefore, the price charged for an item will be the one indicated at the time of the order.

The items remain the exclusive property of AXARA until full payment of their price, which the Customer tacitly accepts by placing an order on the Site.

7. The payment process to validate the order

The amount charged to the customer corresponds to the price displayed in the order confirmation sent by email. Payment for the order must be made immediately, either by credit card (CB, Visa, MasterCard, American Express) or by payment account (Paypal).

When the order is shipped, the customer is notified by email that their invoice, including delivery charges and applicable VAT, is available online in their customer account.

We use a secure online payment platform (Shopify) for all transactions made on our site. This solution features highly secure pages for entering payment information, including the card number, expiration date, and CVV code.

Payment information is encrypted and transmitted to the bank in complete confidentiality, without any third party being able to access it.

8. Delivery terms for ordered items

Deliveries of items are only made to countries mentioned in Article 4 of the General Terms and Conditions and are not sent to post boxes, hotels, APO or FPO addresses.

After the Order has been registered, the Customer will receive an Order number confirming its acceptance. The Order progress steps will be communicated by email to the Customer.

The maximum delivery time for items is 30 calendar days from the receipt of full payment of the Order price. The Customer may choose the delivery mode that suits them, with some modes being at their expense.

The carrier chosen by the Customer will provide a shipping number that will allow the Customer to track the progress of their package on the carrier's website.

It is the Customer's responsibility to provide all necessary information for the proper delivery of their Order (access code, access specifications, etc.). In the event of the Customer's absence during delivery, the carrier will leave a notice informing the Customer of the package's storage terms.

If the delivery address provided by the Customer is invalid and results in the return of the package, the re-shipping costs will be borne by the Customer. The Customer has 30 calendar days to contact Customer Service to re-ship their Order. Beyond this period, the Order will be cancelled and the price will be refunded to the Customer within 14 calendar days following the cancellation confirmed by email.

An Order form will be included in the package, summarizing the ordered and delivered items.

From the delivery, the Customer is fully responsible for the risks associated with the items.

9. Delivery time for orders

The ordered products will be shipped to the address provided by the customer during the order, within a maximum period of 30 calendar days, depending on the delivery country. AXARA strives to deliver orders within 2 to 3 business days following the order, except during promotional periods where delays may be longer.

If the delivery time is exceeded by more than 7 business days, the customer can contact AXARA by email to request delivery within a reasonable additional period. If AXARA fails to meet this deadline, the customer may cancel the order and obtain a refund within 14 days following confirmation by email.

If the customer receives the package after canceling the order, they must return it to AXARA. If the package is damaged or the item does not match the customer's order, the customer has 14 days to initiate the return procedure.

If the delivery is made by a carrier requiring an appointment, the carrier will contact the customer to arrange a delivery appointment within 30 days from the order validation date.

AXARA cannot be held responsible for delivery delays due to the unavailability of the customer after several appointment proposals by the carrier.

If several items in the same order have different delivery dates, the delivery date will be based on the furthest date from the order date.

10. Return policy

If a delivered item does not correspond to the customer's order or is defective due to transportation, the customer may return it to AXARA according to the procedure provided to obtain a refund. Once the returned items are verified, AXARA undertakes to process the customer's return as soon as possible and no later than 30 calendar days after receipt of the return package. The refund will be made to the customer's bank account or payment account used for the payment of the items.

Returning items is completely free for countries in the European Union, with a prepaid label provided in the package. For orders delivered outside the European Union, the return of items is at the customer's expense and must be arranged by the customer by making an appointment with the carrier or by depositing the package at a carrier's drop-off point, with the tracking number noted to track the return package. If the customer resides outside these countries, the amount of the prepaid return will be deducted from the refund made to the customer.

To return items, the customer must log into their account on axara.com, select the order and create a return by selecting the items to be returned and indicating the reason for the return, attach the purchase order form included in the package, use the prepaid return label attached to the original order and make an appointment with the carrier (UPS) or drop off the package at a carrier's drop-off point (UPS Access Points), noting the tracking number to track the return package. If a customer has lost their prepaid label, they can contact customer service to obtain another one. If the customer has placed an order without creating an account, they must go to the "Returns" section and enter the information related to the order to request a refund.

New, unworn and unsullied products will be refunded, provided they are returned in their original packaging with the garment label. If the products are new, unworn and unsullied, the customer's return will be processed without further action within 14 days after receipt of their package. The refund equivalent to the sum of the returned items will be made via the payment method chosen for the order.

Shipping fees charged at the time of shipment are refunded (excluding shipping outside the European Union and overseas) if the entire order is returned within 14 days. If the order contains multiple items and the customer wishes to return only part of it or returns the items after 14 days of receipt, shipping fees will not be refunded.

11. Right of withdrawal

According to the European Parliament and Council Directive 2011/83/EU on consumer rights for distance contracts, the Customer has the right to withdraw and return the purchased products within a period of 14 calendar days following the receipt of the products, without having to give any justification or pay any penalties. AXARA agrees to refund the Customer for the entire order, including shipping costs if all models have been returned, once the returned products have been verified. The refund will be made to the Customer's bank account or payment account used for the purchase, within a maximum period of 30 calendar days from the receipt of the return package.

12. Assistance to our customers.

If the customer needs information, wants to track an order, or make a warranty claim, they can contact customer service using the contact form available on the contact page of the website or by phone. To contact by phone in France, they can dial the number from Monday to Thursday from 10am to 1pm and from 2pm to 6pm, as well as on Friday from 10am to 1pm and from 2pm to 4pm. Customer service can also be contacted by email at eshop@axara.com.

13. Legal protection provided by law for consumer rights.

Items benefit from a warranty against non-conformity defects and hidden defects, in accordance with the provisions of Articles 1641 to 1649 of the Civil Code and Articles L 211-1 and following of the Consumer Code, from the date of delivery. Under Article 1641 of the Civil Code, the seller is liable for hidden defects that make the sold item unusable or diminish it to the point that a buyer would not have acquired it or would have negotiated a lower price if they had been informed. Article 1648 paragraph 1 of the Civil Code stipulates that the action for hidden defects must be brought by the buyer within two years from the discovery of the defect. Under Article L 211-4 of the Consumer Code, the seller is obliged to deliver a product that is in conformity with the contract and is liable for conformity defects existing at the time of delivery, including those resulting from packaging, assembly instructions, or installation if they were charged to the seller by the contract or carried out under their responsibility. Article L 211-5 of the Consumer Code defines the conformity criteria, which require that the product be suitable for the intended use and, where applicable, correspond to the description given by the seller or have the characteristics that the buyer can reasonably expect, in accordance with the public declarations made by the seller, the producer, or their representative. This warranty allows the customer to return defective or non-conforming items for a refund, in accordance with the aforementioned conditions, and the action resulting from the conformity defect is subject to a limitation period of two years from the delivery of the item, according to Article L 211-12 of the Consumer Code.

14. Agreement regarding proof

The Client understands and agrees that the records of the order placed will serve as evidence for all transactions between AXARA and the Client. The Client also agrees that their confirmation of acceptance of the general terms and conditions of sale will be proven by checking the box "I have read and accept the general terms and conditions of sale". The computerized data stored on AXARA's servers is considered indisputable proof of the acceptance of the terms and conditions of sale and all transactions between AXARA and the Client, and is kept securely. AXARA archives purchase orders and invoices in accordance with the law, and guarantees the Client's access at any time upon request. Therefore, unless proven otherwise by the Client, they cannot challenge the validity or evidential value of the general terms and conditions of sale and the order based on a legal provision requiring written or signed proof. These elements are considered as evidence and will be admissible, valid and enforceable in the same way as a written document in any litigation or other proceedings. The Client may also download and keep a copy of the general terms and conditions of sale on paper or electronic support.

15. Responsibility and commitment

AXARA may change information on its website without notice, but is committed to providing an accurate description of the items sold and keeping the website information up to date. However, AXARA does not guarantee the accuracy, precision or completeness of the information provided on the site and will not be responsible for any non-substantial differences between the ordered items and those presented on the site. Prices may vary between the website and physical stores, and this cannot be a reason for reimbursement. If AXARA is unable to fulfill a contractual obligation due to a fortuitous event or force majeure, the company will not be held responsible. Force majeure events include events such as strikes, natural disasters, wars, government restrictions, and transportation accidents (non-exhaustive list). AXARA will only be responsible for direct and foreseeable damages caused to the customer at the time of use of the website or the conclusion of the sales contract, excluding indirect damages.

16. Right of use

AXARA grants the Client a limited permission to access and use the Site for personal, non-commercial purposes. However, the Client may not download or modify any part of the Site without AXARA's express written permission. Reproduction, copying, selling or commercial or professional exploitation of the Site or any part thereof is strictly prohibited without AXARA's express written permission. The Client is not authorized to use copying techniques to reproduce elements of the Site, including trademarks, logos or any other content belonging to AXARA, without its express written consent. The Client may create a hyperlink to the Site's homepage, provided that it does not harm the reputation of AXARA or its trademarks. The creation of such a link cannot in any way engage the responsibility of AXARA.

17. Intellectual Property Rights

AXARA exclusively owns the intellectual property rights to several elements, including the trademarks associated with the items, the Site (its structure, organization, visual identity, design, etc.), the databases designed and managed by AXARA for the publication of the Site, as well as the names, acronyms, logos, colors, graphics, and other signs used by AXARA.

Therefore, it is prohibited to reproduce, alter, or use these elements without prior written authorization from AXARA, except as part of the performance of these terms for personal and private use. Any other use is considered as infringement and will be sanctioned under intellectual property law.

The creation of hypertext links to the Site is also subject to prior written agreement from AXARA.

18. Right to modify the General Terms and Conditions of Sale

AXARA reserves the right to modify the GTCS at any time due to possible developments of the Site and regulations. If any modifications are made, the new GTCS will be published online and will only apply to sales made after the modification. Customers will be informed of these modifications online.

19. Applicable law and mediation

The general terms and conditions of sale are governed by French law, except in cases of contrary mandatory provisions resulting from EC Regulation No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I). In the event of a dispute, the competent court is that of Paris.

In the event of any difficulty concerning the order or delivery of AXARA products, the customer may seek an amicable solution with the company before initiating legal action. The competent consumer mediator to handle any dispute or litigation is the Paris Centre for Mediation and Arbitration (CMAP), in accordance with the provisions of the Consumer Code. Disputes that are not within the mediator's jurisdiction or for which the claim is manifestly unfounded or abusive cannot be examined by the CMAP. The customer must have attempted to resolve their dispute directly with AXARA through a written complaint before contacting the mediator. To contact the mediator, the customer must complete the form available on the CMAP website and then send their request by regular or registered mail or by email. The request must contain the contact details and evidence of prior steps taken with AXARA. European customers may also use the online dispute resolution platform provided by the European Commission.

If any provision of this contract becomes invalid due to a change in law, regulation or judicial decision, this will in no way affect the validity and respect of the other provisions of the contract. The general terms and conditions of sale will always remain in force.

20. Duration

These conditions apply for the entire duration of the online availability of the services and articles offered by axara.com.