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Terms of Sale

(Last update : 08/30/2016)

Chapter 1 - Preamble

  • First article : Generalities

    AZ BOUTIQUE, LLC with a stated capital of 100 000 euros, which UK office is at 207 Regent Street, 3rd floor, W1B 3HH London (UK) and head office is at the 45 rue Gilles Roberval - 30900 NIMES - (FRANCE), owns and runs the website « www.az-boutique.co.uk ».

    Any order of one or more products placed to the website « www.az-boutique.co.uk » first implies the consultation and acceptance without reserve of these Terms of Sale. As a matter of fact, the customer admits that his agreement with these Terms of Sale does not require a handwritten signature of this document.

    The customer has the possibility to save or edit, under his own responsibility, the general terms in question here.

    The website « www.az-boutique.co.uk » mentions the following information :

    • - the legal note allowing a precise identification of the company AZ BOUTIQUE ;
    • - the essential characteristics of the proposed products ;
    • - the price in GBP of the proposed goods and, if need be, the delivery costs ;
    • - the terms of payment, delivery or carrying out ;
    • - the terms of payment, delivery or carrying out ;
    • - the offer and price periods of validity.

    All these pieces of information are presented in English language. The customer avows having full legal capacity, which allows him to agree to the general terms in question here.

    In case of contradiction between the French version of these terms and its English translation, the French version will always prevail.

  • Article 2 : Purpose and entirety

    These Terms of Sale define the rights and responsibilities of the parties in accordance with the online sale of goods and services by AZ BOUTIQUE to the customer.

    These Terms express the entirety of the responsibilities of the parties. In this respect, the customer is deemed to have agreed without reserve to the totality of the measures set in these general terms.

  • Article 3 : Legally binding documents

    The present contract is constituted of the following legally binding documents (listed in a descending hierarchical order): these Terms of Sale, the order form. In case of a contradiction between measures present in the documents of different ranks, the measures of the highest ranked document will always prevail.

  • Article 4 : Coming into force - term

    These Terms of Sale come into force on the day the order is confirmed. They take effect for the duration necessary to supply the goods and services subscribed, and last until the termination of the warranties allowed by AZ BOUTIQUE.

  • Article 5 : Electronic signature

    The customer’s « double click » on the Order form is recognized as an electronic signature that has the same legal value as a handwritten signature between the two parties.

  • Article 6 : Confirmation of the order

    The legally binding information will be subjected to a confirmation via e-mail at the moment of the delivery at the latest or, in the absence thereof, by mail to the address indicated on the order form.

  • Article 7 : Proof of transaction

    Unless refutation, the computerized records, kept in AZ BOUTIQUE’s data system protected by a reasonable security system, will be regarded as proofs of these communications, orders and payments carried out between the two parties. The filing of the order forms, delivery orders and bills is done on a reliable and long-lasting support which can legally be presented as proof.

Chapter 2 - Characteristics of the offer

  • Article 8 : General information about products

    AZ BOUTIQUE presents on its online catalogue the products for sale with their characteristics, in accordance with the article L 111-1 of the French Consumption Code which permits the customer to be aware of the essential characteristics of the products he is interested in before confirming his final order.

    AZ BOUTIQUE presents on its online catalogue the products for sale with their characteristics, in accordance with the article L 111-1 of the French Consumption Code which permits the customer to be aware of the essential characteristics of the products he is interested in before confirming his final order.

    Most of the pictures, texts, graphic designs and worksheets come from commercial information provided by the suppliers or manufacturers, and are duplicated in accordance with their agreement.

  • Article 9 : Availability of the products

    The offers proposed by AZ BOUTIQUE are made within the limits of available stocks. The offers concerning products not stocked in our warehouses are made within the limits of our suppliers’ available stocks. Information being transmitted to us by our suppliers, errors or modifications may occur.

    Information concerning stocks is indicated in the product description, as well as during the customer’s ordering process.

    In the case that, after confirmation of the order by the customer, one of the on stock or not stocked product is exceptionally unavailable (breakage, product listing error, etc…), the Customer Service will inform the customer by e-mail as soon as we get acquainted with the trouble.

    After receiving this e-mail, the customer will have the choice between replacing the missing product by another product from our catalogue, and canceling his order and be reimbursed if he already paid for it.

  • Article 10 : Compliance of the products

    The entirety of the products proposed by AZ BOUTIQUE is in compliance with the French legislation and standards. The company’s responsibility cannot be charged in case of legislation violation if the product is delivered to another country than France. It is the customer’s duty to ask to the local authorities beforehand about the possibilities of import and/or use of the ordered products or services.

  • Article 11 : Prices

    The prices of the products and services offered by AZ BOUTIQUE are all in GBP. These prices do not include the delivery costs, which are charged in addition to the bill. The delivery costs are indicated before the validation of the products or services order.

    Prices take account of the VAT in force at the order day. Prices of the products for sale to the website will be automatically adjusted if the VAT rate were to change. « www.az-boutique.co.uk »will be automatically adjusted if the VAT rate were to change.

    AZ BOUTIQUE reserves the right to modify its prices at any moment. However, the products ordered will be charged for the price indicated at the moment the order was taken.

Chapter 3 - Processing of the order

  • Article 12 : Capture of the information related to the order

    The customer makes sure that the information he communicates to our company while ordering is exhaustive and right. AZ BOUTIQUE will not be responsible for the consequences (in particular lateness or mistakes in the orders) if this information is incorrect. In this case, the costs incurred to resend the order will be on the customer’s charge.

  • Article 13 : Fight against fraud

    In order to fight against fraud, AZ BOUTIQUE imposes controls on the orders made by customers. AZ BOUTIQUE asks the customer to transmit identity proofs. Failing presentation of these documents, or if any doubts about the truthfulness of the information transmitted are expressed, it will lead to the unilateral cancellation of the order. The customer won’t be able to claim any damages and interest in case of cancellation.

Chapter 4 - Payment

  • Article 14 : General information about payment

    The totality of the price has to be paid during the ordering process, except in the case of an agreement between the two parties. The sums paid will never be considered as deposits or part payments.

  • Article 15 : Means of payment

    AZ BOUTIQUE puts at its customers’ disposal different payment methods :

    • - Credit card,
    • - Aurore card,
    • - Paypal,
    • - Bank transfer,
    • - Gift token and gift voucher,

    Orders paid by credit card through the CIC or Ogone (Visa, Blue Card, MasterCard and American Express) will be debited when the order is placed. The payment by credit card is only for customers living in US, Canada and Europe Union and owning a credit card issued by a bank situated in one of these countries. As an exception, residents from a restricted list of countries outside the European Union are allowed to pay using this payment method. This list is available on demand made to AZ BOUTIQUE by e-mail or classic mail.

    All the bank charges resulting from a payment by bank transfer are on the customer’s charge, as well as in the case of an international bank transfer. Otherwise, AZ BOUTIQUE reserves the right to charge the customer for all the charges incurred by its bank.

    Orders paid by bank transfer will be treated after receiving the payment. The availability of shipment and delivery time starts from the day AZ BOUTIQUE receives the payment.

    Payments by gift token or gift voucher « www.az-boutique.com » are valid for the entirety of the products on our catalogue. However, they cannot be used to buy other gift vouchers.

  • Article 16 : Secure payment

    When the customer confirms his order, it guarantees AZ BOUTIQUE that he has all the necessary authorizations to use the payment method he chose.

    In return, AZ BOUTIQUE assures that the information related to the means of payment, in particular information concerning credit cards, is encrypted thanks to the SSL technology, as the payment is directly carried out at his bank.

  • Article 17 : Retention of title

    The products remain property of AZ BOUTIQUE until they have been entirely paid, including taxes, delivery costs and other charges.

    However, the risks are transmitted to the customer as soon as the products are sent. From then on, the customer promises to stock the merchandise in correct conditions and to use it as a prudent administrator.

    In case of resale, the customer promises to immediately contact AZ BOUTIQUE by mail with acknowledgement of receipt to allow the company to exercise, if the need arises, its right of price demand concerning the third person who buys the product and to inform him about the existence of the retention of title clause.

  • Article 18 : Suspension and refusal to sell

    AZ BOUTIQUE established a verification process of the orders in order to ensure that no one can use another person’s bank information without this last one knowing. Concerning this verification, the customer may be asked to provide the company with a copy of his ID and/or a proof of domicile sent by fax, by e-mail or by mail to AZ BOUTIQUE. The order will be on hold until the documents transmitted have been received and verified by our services.

    As part of the validation of VAT free orders in reason of intra-community deliveries, AZ BOUTIQUE has also established a validation process for this exemption. The companies which would like to benefit from this exemption will be asked to provide us a K-bis (company identity information), or a European equivalent, as well as its last VAT declaration showing its Intra-community VAT Number. The order will be on hold until the documents transmitted have been received and verified by our services.

    AZ BOUTIQUE reserves the right to refuse to honor an order in the case that a dispute would remain with the customer, in particular if it concerns a previous order that has not been paid (at all or only partially). The company also reserves the right to put on hold all order managements and all deliveries in case of non-payment or of credit card payment refused by official accredited organizations.

  • Article 19 : Discount and late payment penalties

    AZ BOUTIQUE will never grant any discount for cash payments or for payments carried out before the date indicated in the Terms of Sale or on the invoice sent to the customer.

    In case of a late payment, late payment penalties of 4 times the legal rate in force will be implemented, as well as a penal clause for a total of 15% of the sums unpaid.

Chapter 5 - Exports and taxes

  • Article 20 : VAT implementation

    All the AZ BOUTIQUE ’s invoices are all taxes included.

    In some specific cases, listed hereafter, the customer may be exempted of VAT. AZ BOUTIQUE reserves the right to refuse any exemption request that doesn’t meet the criteria listed hereafter or the dispositions in accordance with the French General Tax Code or with the Customs Code.

  • Article 21 : Intra-community export

    1) General principle

    The article 262 (3) I of the French General Tax Code exempts VAT for goods deliveries sent or carried to a country member of the European Economic Community’s territory bound for a person liable for VAT or for VAT-free corporate body.

    2) Intre-community territories

    The relevant territories are those of the European Economic Community members, excepting France.

    3) Other criteria

    The delivery has to be made in one of the European Economic Community member’s territory and, in addition, the customer has to be liable for VAT. In short, the exemption partly depends on the providing of a valid VAT registration number.

    When the customer enters an intra-community VAT number, an automatic validation process is carried out through the existence control of this number in the Europa data base. As soon as a valid number has been transmitted and an invoice drawn up at the same address than the initial delivery address, the exemption will automatically be taken into account. AZ BOUTIQUE also established a manual validation process of an intra-community customer’s account, and so has the right to demand documentary evidences to the customer.

    Since the exemption is automatically taken into account to « www.az-boutique.co.uk »”, if failing providing these documents, AZ BOUTIQUE will be in right to demand payment for the VAT due or, if the customer refuses, to proceed to the cancellation of the order. In this last case, the customer cannot claim for damages.

  • Article 22 : Extra-community export (including French overseas departments and territories)

    1) General principle

    The article 262-I – 2° of the French General Tax Code considers as exports goods deliveries sent or carried out of the European Union by the buyer or on his behalf. Therefore, these deliveries are VAT exempted.

    2) Export territories

    The export territories are the following :

    • - countries not members of the European Union ;
    • - territories of a country member not concerned by the modified 77/388/CEE directive (directive about a fitting VAT rate for members of the EU and created by the EU Council) or territories of the Channel Islands ;
    • - overseas departments: Guadeloupe, Martinique, French Guyana and Reunion Island ;
    • - overseas territories and territorial communities of Mayotte and Saint-Pierre et Miquelon ;
    • - concerning the Federal Republic of Germany: the island of Helgoland and the territory of Busingen
    • - concerning the kingdom of Spain: Ceuta, Melilla and the Canary Islands ;
    • - concerning the Republic of Italia: Livigno, Campione d’Italia and the national water of lake Lugano ;
    • - concerning the Republic of Finland: the islands of Aland ;
    • - concerning the Hellenic Republic: Mount Athos.

    For some of these territories, the request for VAT exemption will have to be made to AZ BOUTIQUE ’s Customer Service before placing the order.

    3) Other criteria

    The delivery has to be made in one of the territories listed above and, in addition, in order to obtain the VAT exemption the customer has to meet some criteria.

    The invoice has to be drawn up at the same address than the one used to deliver the ordered products. AZ BOUTIQUE will have the right to demand documentary evidences to the customer.

    Since the exemption is automatically taken into account to « www.az-boutique.co.uk », if failing providing these documents, AZ BOUTIQUE will be in right to demand payment for the VAT due or, if the customer refuses, to proceed to the cancellation of the order. In this last case, the customer cannot claim for damages.

  • Article 23 : Request of tax removal

    A customer living in a country out of the European Union can request a tax removal for the purchases done in Metropolitan France to AZ BOUTIQUE.

    AZ BOUTIQUE promises to answer these requests and to verify that they can obtain a tax removal. Within the framework of this verification, the customer will be demanded to provide the following documents: a copy on both sides of an ID card, an affidavit and a proof of domicile in a foreign country.

    Failing providing these documents or if one of the criteria or one of the requirements established by French customs and fiscal services, AZ BOUTIQUE will refuse to deliver the tax removal slip.

  • Article 24 : Responsibility of the importing customer

    In all the cases adverted above, the customer is considered as the importer of the ordered products. As such, the customs duty, local taxes, import fees, tax or charge or payment due by means of private copy, intellectual property rights or state taxes likely to be demanded all are the customer’s responsibility.

    It is the customer’s duty to ask to the local authorities beforehand about the conditions of entry of the ordered products and to do the declaration and/or payments relevant to the competent organizations of the country concerned.

    In accordance with the article 10 of these Terms of Sale, it is the customer’s duty to ask to the local authorities beforehand about the possibilities of import and/or use of the ordered products or services. He has to do the same about the technical specificities peculiar to the constructor that have to go in accordance with the legislation in force in the territory or country concerned..

    AZ BOUTIQUE will not be responsible in the case that a customer does not respect the legislation in force in the territory or country where the products are imported.

Chapter 6 - Delivery

  • Article 25 : Delivery terms

    The products are delivered to the address the customer indicated on his order.

    The shipping methods proposed during the order validation all depend of the order weight and/or volume. All the information and characteristics concerning these shipping methods are available in the “Delivery” section of the website « www.az-boutique.co.uk ».

    AZ BOUTIQUE reserves the right to ask the customer to participate to the packing and delivery costs. The detail of these costs is available in the “Delivery” section of this website.

  • Article 26 : Expedition time and delivery time

    If the ordered products are in stock, the orders are sent within a 3 days period starting from the day after the payment was made.

    If the totality of the ordered products is not in stock, AZ BOUTIQUE reserves the right to wait for all the ordered products to be available before proceeding to the expedition. However, AZ BOUTIQUE has the possibility to send its customers’ orders in several times.

    Before the validation of each order, a delivery deadline is transmitted to the customer. This deadline is estimated by taking into account the availability of the products at the moment of the order, the place where the order has to be delivered and the shipping method chosen by the customer. In case of lateness, the customer cannot make a claim for damages.

    In accordance with the article 15 of these Terms of Sale, orders paid by bank check, bank transfer or by postal money order will be treated after receiving the payment. The availability of shipment and delivery time starts from the day AZ BOUTIQUE receives your payment.

  • Article 27 : Delivery lateness

    In the case that a product has not been received, the customer will have to follow one of the procedure detailed below after a 3 worked days period following the day he was supposed to receive his parcel. Please take note that the final delivery time is calculated by adding the expedition time to the indicative delivery time. The indicative delivery time depends on the means and place of delivery; the customer can take note of this information in the “Delivery” section of the website « www.az-boutique.co.uk ».

    In the case of a delivery lateness of La Poste, the customer should make sure his order is not pending in his usual post office. If need be, he will have to contact AZ BOUTIQUE ’s Customer Service, either by e-mail, by phone or by using one of the contact forms at his disposal to the website « www.az-boutique.co.uk ».

    Then, AZ BOUTIQUE will contact La Poste to make a claim. A claim made to La Poste may take 21 days maximum, starting on the day the claim started. If the parcel is found within this period, it will be immediately resent to the delivery address, as initially planned. However, if the parcel is not found within this period, it will be considered lost. In this last case and after closing the claim, the lost products will be resent to the customer and AZ BOUTIQUE will take in charge all the costs incurred by this second expedition. If one of the products ordered went out of stock, the customer will receive a full refund for the product lost during shipping.

    In case of a delivery lateness of another carrier, the customer will have to contact AZ BOUTIQUE ’s Customer Service, either by e-mail, by phone or by using one of the contact forms at his disposal to the website « www.az-boutique.co.uk ».

    Then, AZ BOUTIQUE will contact the carrier to make a claim. If the parcel is found within this period, it will be immediately resent to the delivery address, as initially planned. However, if the parcel is not found within this period, it will be considered lost. In this last case and after closing the inquiry, the lost products will be resent to the customer and AZ BOUTIQUE will take in charge all the costs incurred by this second expedition. If one of the products ordered went out of stock, the customer will receive a full refund for the product lost during shipping.

    No matter the reason, no refunds or re-expeditions will be made before the end of an inquiry.

Chapter 7 - Reception of order

  • Article 28 : Custom cautions

    In accordance with the article 24 of these Terms of Sale, the customer takes the risks for the goods sent by AZ BOUTIQUE. So, it is his duty to check the condition of the products packages when he receives the order. At the reception of the order, if the customer accepts the products and signs the delivery order without adding any reserves, he acknowledges that the products were delivered in good condition.

    In the case the physical aspect of the parcel seems “unusual”, or if you harbour any doubts about its condition, make sure to write down every observations you do on the carrier’s delivery order. These observations must be clear and precise enough. For instance, you must specify that the parcel is open, wet or damaged somewhere, that the products seem to have been damaged / broken during the shipping (broken glass noise), etc… Notes like “subject to damages” or “further inspection after unpacking” have no legal value because not precise enough.

    In case of visible fault, like a damaged package, you can refuse the delivery and ask for its return. Nonetheless, on the supposition we wouldn’t state any damage to the products we reserve the right to add the costs of the new delivery to your bill.

    To avoid as much troubles as possible, AZ BOUTIQUE advises you to unpack the parcels in the presence of the carrier. You must check the condition of the products, as well as the quantity delivered.

    In case of shipping troubles, all the elements have to remain in the same state they were in when delivered, packaging included. Indeed, some carriers can proceed to an inspection of the parcel before taking it back.

  • Article 29 : Reception by a third person

    If a third person is charged to receive the order, the customer admits the reception is done on his behalf. The customer will have to inform the person in charge of the reception about the custom cautions detailed above and to remind him to take care of the order as if he was the beneficiary.

  • Article 30 : Pending parcel

    If the customer were to be absent on the delivery day for an order carried by La Poste, he will receive in his mailbox a calling card allowing him to pick up the parcel in his usual post office within a 15 days period. If the order has not been taken back during this period, it will be sent back to the sender.

    As for the other carriers, the customer should be contacted by phone to set an appointment. If it is not possible, and taking into account that the pending time is different depending on the carrier, the customer will have to contact the company in charge of the delivery to be informed of this pending period and to try to find a solution for the delivery.

    In the case that the parcel would be resent to AZ BOUTIQUE, the company reserves the right to charge the customer for the costs of re-expedition.

  • Article 31 : Procedure in case of fault or damage

    If the customer or his representative receives a parcel, carried by La Poste, which content has been damaged, he will have to express detailed handwritten reserves on the carrier’s delivery order, in accordance with the article 28 of these terms, and draw up a “statement of deficiencies”, in accordance with La Poste’s rules. Then, the customer will have to send this form to AZ BOUTIQUE, so a compensation procedure can be opened.

    If the customer or his representative refuses the delivery of a parcel carried by La Poste, in accordance with the article 28 of these terms, he will have to express detailed handwritten reserves on the carrier’s delivery order and ask the carrier to resend the parcel to AZ BOUTIQUE, with the declaration of damage attached.

    If the customer or his representative accepted or refused a parcel delivered by another carrier, in accordance with the article 28 of these terms, you have to express “handwritten reserves” on the carrier’s delivery order. You also have to send reclamation by registered mail with acknowledgement of receipt to the carrier within the 3 working days following the delivery. This mail must imperatively contain and confirm the observations noted on the delivery order. If possible, he shall attach to this mail some pictures of the damaged parcel or products, as proof of your complaint.

    The customer also has to inform AZ BOUTIQUE by e-mail at support@az-boutique.co.uk with a copy of the mail sent to the shipping company as well as the corresponding mailing slip.

    The customer shall keep a duplicate of all the documents, the postal forms included.

  • Article 32 : Procedure in case of mistake related to the delivery

    1) Wrong address

    In accordance with the article 12 of these terms, if the mistake concerns the customer’s address, then AZ BOUTIQUE cannot be considered responsible for the customer’s data capture errors and for all the consequences that will result from this error. In this situation, the costs for the order re-expedition will be at the customer’s charge.

    2) Wrong receiver

    If the customer receives an order that is not for him, he promises to immediately inform AZ BOUTIQUE ’s Customer Service by phone at +44 (0)203 445 0785 (Cost of a local call to UK), from Monday to Friday, from 8am to 11am and from 1pm to 5pm (GMT), or by e-mail at support@az-boutique.co.uk (indicating your customer number, the order number as well as the justifications concerning your request). Another possibility is to fill in the form provided for this purpose available on the order’s recap, in the “Orders” section of your online customer account.

    3) Error concerning the delivered products

    The customer will have to express his complaint to AZ BOUTIQUE, at the latest during the first worked day after the delivery day, concerning a mistake in the delivery or concerning incorrect products, about their nature or their quality that do not match the indications on the delivery order.

    This complaint can be expressed to AZ BOUTIQUE by phone at +44 (0)203 445 0785 (Cost of a local call to UK), from Monday to Friday, from 8am to 11am and from 1pm to 5pm (GMT), or by e-mail at support@az-boutique.co.uk (indicating your customer number, the order number as well as the justifications concerning your request). Another possibility is to fill in the form provided for this purpose available on the order’s recap, in the “Orders” section of your online customer account.

    Once AZ BOUTIQUE receives this request, an exchange number for the relevant product(s) will be assigned to the customer and will be given to him either by e-mail, by fax or by phone.

    The return of one or more products shall be done in accordance with the article 37 of these terms.

Chapter 8 - Right of withdrawal

  • Article 33 : Right of withdrawal delay

    AZ BOUTIQUE grants its non professional customers a 15 clear day’s withdrawal period, during which no explanations or penalty payments are due, except for the return costs. If this period went to expire on a week end or on a public holiday, it will automatically be extended until the next worked day.

    This period starts on the day you receive the order or, in case of a delivery via La Poste and if you are unable to receive the order, it starts 3 days after the day your order is available in your usual post office.

    In accordance with the article 39 of these terms, AZ BOUTIQUE will refund the delivery costs initially invoiced only if the non professional customer uses his right of withdrawal within a period of less than 10 clear days starting on the receipt day, and only if done in accordance with the conditions detailed in the article 39.

  • Article 34 : Right of withdrawal conditions

    It is possible to return a product within the withdrawal period of 15 clear days if the product is still in its original package (with the totality of the protections, accessories, instructions, as well as the different elements of the packaging, labels included).

    AZ BOUTIQUE reserves the right to send back to the customer the products that have not been returned in their original package or the products that have been unpackaged and/or returned after the withdrawal period of 15 clear days. The costs of the return will be on the customer’s charge.

    This right can be applicated by the non professional customer for any product bought on the website « www.az-boutique.co.uk » except for the CDs, DVDs, VHS, softwares that have been unsealed, as well as for the silver plating or silver restoration service and the personalized and perishable products.

  • Article 35 : Special conditions concerning gifts received

    The gifts received can also be returned by the person who received them, following the conditions detailed in the article 37 of these terms. However, the return will be accepted only if it is done within the period of 15 clear days, starting on the day you received the parcel or, in case of a delivery via La Poste and if you are unable to receive the parcel, starting 3 days after the day your order is available in your usual post office.

    What’s more, the return will be accepted only if the applicant can provide to AZ BOUTIQUE the order number or the delivery order, or any other document proving that the relevant product(s) have been ordered to « www.az-boutique.co.uk ».

  • Article 36 : Procedure to use the right of withdrawal

    To exercise his right of withdrawal, the customer can contact AZ BOUTIQUE by phone at +44 (0)203 445 0785 (Cost of a local call to UK), from Monday to Friday, from 8am to 11am and from 1pm to 5pm (GMT), or by e-mail at support@az-boutique.co.uk (indicating the customer number, the order number as well as the justifications concerning the request). Another possibility is to fill in the form provided for this purpose available on the order’s recap, in the “Orders” section of the online customer account.

    Once AZ BOUTIQUE receives this request, an exchange number for the relevant product(s) will be assigned to the customer and will be given to him either by e-mail, by fax or by phone.

    The return of one or more products shall be done in accordance with the article 37 of these terms.

Chapter 9 - Returns, replacements and refunds management

  • Article 37 : Returns management

    1) Return authorization number (RMA)

    To be accepted, the customer must request beforehand the return authorization to AZ BOUTIQUE ’s Customer Service. The return cannot be done before the return authorization number has been given.

    Any requests that don’t respect the rules defined above will not be taken into account and will relieve AZ BOUTIQUE of its responsibility towards the customer.

    To be accepted, the customer must request beforehand the return authorization to AZ BOUTIQUE ’s Customer Service. The return cannot be done before the return authorization number has been given.

    In the case a return would be accepted despite the absence of authorization, AZ BOUTIQUE will be able to charge a cancellation fee of 10 € (VAT incl.) per order. This amount may be deducted from the total refund.

    2) Returned products condition

    Records, Cds, cleaning products and other chemicals, or such products must not have been unsealed to be returned

    To be received, the product has to be sent back in its intact and complete original package (containing the totality of the protections, accessories, instructions, as well as the different elements of the packaging, labels included), and has to be in a perfect state for resale. Worn products or products with damaged packages will not be replaced or reimbursed. What’s more, AZ BOUTIQUE reserves the right to resend the products on the customer’s charge.

    3) Preparation of the parcel and expedition by the customer

    AZ BOUTIQUE puts the stress on the necessity for the customer to pack carefully the products he wishes to return. Indeed, the customer will be responsible for the damages that could be caused during the return shipping..

    The parcel shall be sent to AZ BOUTIQUE – Returns Service – 170 route de la Font de Cine – 06225 Vallauris Cedex (FRANCE). The expedition has to be done via a shipping company with insurance equivalent to the one taken out by AZ BOUTIQUE for the initial delivery. The total sum covered by the insurance has to correspond to the total sum of the returned products. To do so, the customer will have to calculate the total price of the returned products by using the invoice transmitted. AZ BOUTIQUE reserves the right to refuse the parcels returned without the shipping insurance, returned in Cash on Delivery or damaged during the shipping will be systematically refused.

    AZ BOUTIQUE advise you, when possible, to ask the shipping company to do the packing for the return. However, AZ BOUTIQUE does not refund the costs for this service.

    4) Receipt and verification

    AZ BOUTIQUE will make sure that the products match the statements done beforehand by the customer. If it does not match, AZ BOUTIQUE reserves the right to send back the products on the customer’s charge.

    In the case that AZ BOUTIQUE ’s assessment will reveal that no mistakes were made by the company, AZ BOUTIQUE reserves the right to refuse the replacement or the refund of the products, and to return them to the customer, charging him for all the costs incurred during the returning procedure.

  • Article 38 : Replacements

    In the eventuality that the customer exercises his right of withdrawal, he has the choice between a replacement and a refund for the products he wishes to return. If he asks for a replacement, he will be charged for the delivery costs.

    In case of visible fault, like a damaged package, the receiver can refuse the delivery and ask for its return. Nonetheless, on the supposition AZ BOUTIQUE wouldn’t state any damage to the products we reserve the right to add the costs of the new delivery to the customer’s invoice.

    If the replacement is due to a mistake made by AZ BOUTIQUE or due to a damaged or defective product, the re-expedition costs will be on the company’s charge.

  • Article 39 : Refunds

    1) Conditions

    To be accepted, a refund request has to be done in accordance with the conditions in the articles 31, 33, 34 and 37 of these terms.

    2) Refunds calculation

    In the case that a cancellation or the return of one or more products leads to a refund, AZ BOUTIQUE will calculate this refund from the price paid by the customer to obtain this/these product(s).

    The delivery costs charged to the customer will not be refund, except if the order has not been sent (entirely or partially) or if the order has been sent to France and the customer has used his right of withdrawal within the period of 10 clear days starting on the receipt day, in accordance with the article 34 of these terms, and a return authorization (RMA) has been previously communicated. In the eventuality that the customer doesn’t request a refund for all the ordered products, the delivery costs refund will be calculated on the pro rata of the products total weight. In all cases, the refund of the delivery costs will not exceed the price of the cheapest shipping method available at the time of the customer's order.

    3) Costs of return incurred

    The costs of return incurred by the customer will not be refunded, except if the relevant products where returned due to a mistake made by AZ BOUTIQUE or because they were damaged or defective.

    For a refund request of the delivery costs in reason of one of the exceptions mentioned above, and the eventuality that a prepaid return label has not been provided by AZ BOUTIQUE, the customer will have to provide a copy of the carrier’s invoice, as well as return document slip of the relevant products.

    If one of these documents is missing or if not enough information has been provided to allow the company to make a relation between the products returned and the relevant order, AZ BOUTIQUE will have the right to refuse the customer’s refund request. The same goes in the case that the returned products would not match the customer’s initial statement, which means that a refund of the incurred costs should not have been granted for this return.

    In any case, the return costs refund will be limited to the amount of the initial delivery costs invoiced to the customer. In the eventuality that the customer requests a refund for only a part of the ordered products, the delivery costs refund will be calculated on the pro rata of the products total weight.

    4) Delay

    In the case of an order that has not been sent, AZ BOUTIQUE will proceed to the refund within a period of 15 clear days, starting on the day the order was requested.

    In the case of an order totally or partially sent, AZ BOUTIQUE will proceed to the refund within a period of 15 clear days, starting on the date of the product(s) reception by its warehouse.

    5) Refund methods

    If the initial payment was made by credit card, AZ BOUTIQUE will proceed to the refund by crediting the credit card used. If the payment was made by gift token, a new gift token will be sent to you, with same expiration date than the one you used to pay the order. In the other cases, AZ BOUTIQUE reserves the right to refund either by bank check or by bank transfer.

    If the initial payment was made by credit card, AZ BOUTIQUE will proceed to the refund by crediting the credit card used. If the payment was made by gift token, a new gift token will be sent to you, with same expiration date than the one you used to pay the order. In the other cases, AZ BOUTIQUE reserves the right to refund either by bank check or by bank transfer.

Chapter 10 - Warranties of the products

  • Article 40 : Legal warranty

    In accordance with the article 4 of the decree number 78-464 of March, 24th 1978, the dispositions mentioned in these terms cannot deprive the customer of the legal warranty compelling the professional seller to guarantee the customer against the consequences of latent defects of the product sold. The customer is expressly informed that AZ BOUTIQUE is not the manufacturer of the products presented on its online catalogue, as in the law number 98-389 of May, 19th 1998 concerning to the responsibility regarding defective products. As a matter of fact, in case of damages provoked to a person or to a good because of a fault on the product, only the manufacturer’s responsibility shall be blamed by the customer, on the basis of the information appearing on the relevant product package.

  • Article 41 : Contractual warranty

    Some of the products sold by AZ BOUTIQUE enjoy a Producer Warranty. The terms and conditions of the warranty are specified on the relevant products description. The terms of implementation of these warranties being different, it is the customer’s duty to contact these producers for more information.

    AZ BOUTIQUE ’s after sales service is provided by the company’s Customer Service. You can contact this service by phone at +44 (0)203 445 0785 (Cost of a local call to UK), from Monday to Friday, from 8am to 11am and from 1pm to 5pm (GMT), or by e-mail at support@az-boutique.co.uk (indicating your customer number, the order number as well as the justifications concerning your request). Another possibility is to fill in the form provided for this purpose available on the order’s recap, in the “Orders” section of your online customer account.

  • Article 42 : Limitation of the warranties

    The warranties proposed will never be granted to cover the normal wearing down of the products.

    The producer’s warranty will be nullified if the failure is due to negligence, deterioration or inappropriate use. In this case, the relevant product will be sent back, in the same condition or fixed if the payment quotation established by the producer has been accepted, to the customer on his charge. AZ BOUTIQUE will not responsible in case of refusal by the producer to grant the warranty for legitimate reasons.

  • Article 43 : Warranty of restock

    AZ BOUTIQUE proposes products enjoying a warranty of restock provided by its suppliers or by its producers. The customer is expressly informed that the relevant company (granting the warranty) will not be responsible if the restocking is impossible whereas the warranty of restock delay has not expired yet.

Chapter 11 - Legal terms and responsibilities

  • Article 44 : Right of use

    The right of use of AZ BOUTIQUE’s software is granted, in accordance with the Intellectual Property Code, to the customer as non-exclusive, personal and non-transmissible right. However, in accordance with the Intellectual Property Code, Article L 122-6-1, the customer has a copyright exclusively to make a backup copy, if this one is necessary to preserve the use of the software. In any event, the creator of the software keeps a copyright on his creation, and the customer promises to respect this copyright.

  • Article 45 : Computing and allowances

    The information asked to the customer is necessary for the order processing and can be transmitted to AZ BOUTIQUE’s under contract associates taking part into the ordering process. To implement Data Protection Law of January 6, 1978 (which has been modified by the Law of the 6th August 2004 about the protection and the processing of the personal data), you have the right to access, modify, correct or delete your personal data. These rights can be exercised by contacting AZ BOUTIQUE, which address and telephone numbers are indicated in the “Privacy policy” section of this website.

  • Article 46 : Links leading to other websites

    Internet links indicated on « az-boutique.co.uk » or on e-mails sent by AZ BOUTIQUE can lead to other websites. AZ BOUTIQUE will not be responsible for the legal dispositions and laws in force that are not respected.

  • Article 47 : Force majeure

    In the case that the carrying out of a contractual duty is delayed, impeded or prevented for a force majeure reason, none of the two parties will be blamed. Will be considered as force majeure or fortuitous event any irresistible events or circumstances, not due to one of the two parties, unpredictable, unavoidable, beyond control of both parties and that cannot be prevented by them, despite all efforts as far as possible. The party affected by such circumstances has the duty to inform the other party within a period of 10 working days after the day the issue was acknowledged. Then, both parties will be in contact to examine the impact of the issue and to define how the contract can be carried out, and this within a period of a month, except in case of impossibility due to the force majeure case. If the force majeure case lasts for over 3 months, these terms can be terminated by the injured party. Are expressly considered as force majeure cases or fortuitous events, in addition to the ones that French courts’ case law usually uphold: means of transportation or means of supply freeze, riots, earthquakes, fires, storms, gales, floods, thunder, the stop of telecommunications networks or particular difficulties of telecommunications networks that are beyond the customers’ control.

  • Article 48 : Partial non-validation

    If one or more specifications in these terms are deemed non-valid due to the implementation of a law, rules, or due to definitive decision approved by a competent court, all the other specifications remain valid and enforceable.

  • Article 49 : Non-release

    In the case that one of the parties does not take advantage of the other party’s failure to one on the obligations indicated in these terms, it cannot be considered for a permanent release of the relevant obligation.

  • Article 50 : Title

    In case of difficulty of interpretation between the head of a clause and the content of the clause itself, the titles will be considered inexistent.

  • Article 51 : French law enforcement

    These terms comply with the French Law. It concerns both substantive and adjectival rules. In case of disagreement or complaint, the customer has to take contact in priority with AZ BOUTIQUE in order to find an amicable solution.

Concerning protests made by a professional customer about AZ BOUTIQUE’s sales and about the interpretation or enforcement of these Terms of Sale, only the Bankruptcy Court of Antibes will be competent to decide.