Last updated: 2024
These General Terms and Conditions of Sale (“Terms” or “GTC”) govern all sales of products made by Azuriale to any consumer (“Customer”, “you”) via the website www.azuriale.com (the “Site”).
By placing an order on the Site, you acknowledge that you have read, understood and accepted these Terms without reservation. Please read them carefully before any purchase.
1. Identification of the Company
Corporate name: Azuriale
Registered address: 15 impasse des épinguys, 74100 Vetraz Monthoux, France
Email: info@azuriale.com
Telephone: +33 1 87 46 31 25
SIRET number: 838 041 341 00028
VAT number: [to be completed, if applicable]
Azuriale is the seller of the products offered on the Site (the “Seller” or “we”).
2. Scope and Acceptance of the General Terms and Conditions of Sale
2.1. These Terms apply, without restriction or reservation, to all sales of products offered by Azuriale to consumers acting for personal, non-professional purposes through the Site.
2.2. Any order placed on the Site implies full and unreserved acceptance of these Terms. You may save and/or print these Terms from the Site on a durable medium.
2.3. Azuriale reserves the right to modify these Terms at any time. The applicable Terms are those in force on the date your order is placed, as confirmed in the order confirmation email.
3. Products
3.1. The products offered for sale are mainly swimsuits and associated items displayed on the Site at the time of your visit (the “Products”).
3.2. Each Product is described as accurately as possible through photographs, descriptions and size information. However:
- The photographs are provided for illustrative purposes only and do not constitute a contractual document;
- Colours and appearance may vary slightly depending on screen settings and lighting.
Azuriale cannot be held liable for minor differences between the Product delivered and its representation on the Site, provided that the Product remains substantially compliant with its description.
3.3. Product offers are valid as long as they are visible on the Site, within the limit of available stocks. In the event of unavailability after placing your order, you will be informed as soon as possible, and your order will be cancelled and refunded, or a suitable alternative will be proposed if you agree.
4. Prices
4.1. Prices are indicated in euros (€), all taxes included (TTC – including French VAT where applicable), excluding delivery charges.
4.2. Azuriale reserves the right to change prices at any time. Products will be invoiced based on the prices in force at the time the order is validated by you (as shown in the order confirmation email).
4.3. Delivery costs and any customs duties or local taxes (for shipments outside the European Union) are shown before order validation and are borne by the Customer unless otherwise stated.
4.4. For orders shipped outside the European Union, you are considered the importer of record and are responsible for compliance with the laws of the country of delivery and for any customs duties, import taxes or charges that may apply.
5. Order
5.1. Eligibility
You declare that you are at least 18 years old and have the legal capacity to enter into a contract, or that you have parental or guardian authorisation to place an order on the Site.
5.2. Order process
To place an order:
- Select your Products, size and quantity and add them to your basket;
- Validate your basket;
- Provide the necessary information for delivery and billing;
- Choose your delivery method;
- Select your payment method;
- Read and accept these Terms;
- Confirm your order and proceed to payment.
5.3. Order confirmation
Once payment has been made, you will receive an email acknowledging receipt of your order and summarising its key elements (ordered Products, price, delivery address, etc.). This email constitutes acceptance of your order and forms the contract of sale between you and Azuriale.
5.4. Refusal or cancellation of an order
Azuriale reserves the right to suspend, refuse or cancel any order in case of:
- Existing dispute with the Customer;
- Total or partial non-payment of a previous order;
- Obvious error in the price or description of the Product;
- Suspicion of fraud or misuse of means of payment;
- Any other legitimate reason in accordance with applicable law.
In such cases, any payment already made will be refunded.
6. Payment
6.1. Payment is made online, in euros (€), Dollars US ($) by the methods available on the Site, such as:
- Bank cards (Visa, Mastercard);
- Online payment services (e.g. PayPal);
- Any other methods that may be offered on the Site.
6.2. The total amount is due at the time of order. The order is considered final only after full payment has been received by Azuriale.
6.3. Secure payment
All transactions are secured by SSL (Secure Socket Layer) or an equivalent security protocol, ensuring the encryption of your payment data and their transmission in a secure environment.
6.4. You warrant that you are authorised to use the chosen payment method and that it provides access to sufficient funds to cover the cost of the order.
7. Delivery
7.1. Delivery areas
Azuriale delivers its Products to metropolitan France and internationally (subject to any restrictions specified on the Site or by our carriers).
7.2. Delivery charges
Delivery charges depend on the destination, weight and/or volume of the order and the chosen delivery method. They are indicated before the order is confirmed.
7.3. Delivery times
Indicative delivery times are generally:
- For metropolitan France: between 5 and 20 business days from shipment;
- For international deliveries: up to 15-25 business days, depending on the destination.
These deadlines are indicative and may vary, in particular during busy periods or due to customs controls.
7.4. Delays
In case of a significant delay, we will inform you as soon as possible. Azuriale cannot be held liable for delays attributable to postal services, carriers, customs authorities or circumstances beyond our reasonable control (see “Force majeure”).
7.5. Transfer of risk
The risk of loss or damage to the Products passes to you when you (or a third party designated by you other than the carrier) physically take possession of the Products.
7.6. Receipt of Products
Upon delivery, you should inspect the package and the Products. If the package is damaged or the Products are missing or damaged, you must:
- Note any reservations on the carrier’s delivery slip, if possible; and
- Notify Azuriale promptly by email (info@azuriale.com), providing photos where possible.
8. Right of Withdrawal and Returns
8.1. Statutory right of withdrawal (14 days)
In accordance with applicable European and French consumer law, you have a period of 14 days from the date you (or a third party other than the carrier designated by you) receive the Products to exercise your right of withdrawal, without having to give any reason or pay any penalty.
8.2. Exercising the right of withdrawal
To exercise this right:
- Notify us of your decision to withdraw before the expiry of the 14-day period, for example by sending an email to info@azuriale.com indicating your order number and the Products concerned;
- You may (but are not obliged to) use the standard withdrawal form available on the Site or any clear written statement.
8.3. Return of Products
After notifying your withdrawal:
- You must return the Products to us without undue delay and, in any event, no later than 14 days after communicating your decision to withdraw;
- Returns must be sent to the address communicated by our customer service (or any address indicated on the Site for returns);
- The Products must be returned in their original condition: unused, unwashed, unsoiled, with all labels and hygienic protections intact, and in their original packaging where possible.
8.4. Return costs
Unless the return is due to an error on our part (defective, damaged or non-conforming Product), return costs are borne by the Customer. If the Product is defective or non-conforming, Azuriale will bear the return costs or offer you an appropriate solution (prepaid label, refund of reasonable return costs, etc.).
8.5. Refund
Upon receipt and inspection of the returned Products, we will refund the payments received for the Products (including the standard initial delivery costs, but excluding any additional costs if you chose a delivery method more expensive than the standard one offered) within 14 days at the latest from the date we are informed of your decision to withdraw.
We may defer the refund until we have received the Products or until you have provided proof of shipment, whichever is earlier.
The refund will be made using the same means of payment as that used for the initial transaction, unless you expressly agree otherwise.
8.6. Exclusions from the right of withdrawal
The statutory right of withdrawal may not apply to certain categories of goods (for example, sealed goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by you after delivery), in accordance with applicable law. If such a case applies, this will be clearly indicated on the relevant Product page.
9. Legal Guarantees
9.1. All Products benefit from the legal guarantee of conformity and the guarantee against hidden defects under French law (in particular articles L.217-4 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code).
9.2. Legal guarantee of conformity
If your Product is not in conformity (for example, it does not correspond to the description, is unfit for normal use or is defective):
- You have a period of two (2) years from delivery of the Product to act;
- You may request its repair or replacement, or failing that, a partial or full refund, under the conditions provided by law.
9.3. Guarantee against hidden defects
If the Product has a hidden defect that makes it unfit for its intended use or significantly reduces such use:
- You may either return the Product and obtain a refund, or keep the Product and obtain a reduction in the price, in accordance with articles 1641 et seq. of the French Civil Code.
9.4. To benefit from these guarantees, please contact us at info@azuriale.com, indicating your order number and providing details and, where possible, photos of the defect.
10. Liability
10.1. Azuriale cannot be held liable for any damage resulting from misuse, improper maintenance or use of the Products that does not comply with their normal purpose or with any instructions provided.
10.2. Azuriale shall not be liable for indirect, immaterial or non-consequential damage such as loss of profit, loss of opportunity, loss of data, or any damage that was not foreseeable at the time the contract was concluded.
10.3. Azuriale cannot be held responsible for any failure or delay in performance due to force majeure, as defined by French law and case law (for example: strike, natural disaster, fire, flood, epidemic, war, act of terrorism, interruption of transport or telecommunications, or any circumstance beyond the reasonable control of Azuriale).
10.4. In any event, to the fullest extent permitted by law, Azuriale’s total liability for any claim arising from or in connection with the sale of Products on the Site shall be limited to the amount actually paid by the Customer for the order concerned.
11. Personal Data and Cookies
11.1. The personal data collected when you place an order or use the Site (identity, contact details, order history, etc.) are necessary for:
- Managing your orders, payments and deliveries;
- Providing customer service;
- Improving our services and the Site;
- Fulfilling our legal and accounting obligations.
11.2. Azuriale acts as data controller within the meaning of Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act No. 78-17 of 6 January 1978 as amended.
11.3. Your data may be shared with our service providers (e.g. payment providers, logistics partners) strictly for the purposes of managing your orders and within the limits necessary for their tasks.
11.4. Your rights
In accordance with applicable data protection legislation, you have the right to:
- Access your personal data;
- Rectify inaccurate or incomplete data;
- Request the erasure of your data (right to be forgotten) in certain cases;
- Restrict or object to the processing of your data on legitimate grounds;
- Where applicable, data portability;
- Define instructions concerning the fate of your data after your death;
- Lodge a complaint with a supervisory authority (in France, the CNIL).
You can exercise your rights by writing to info@azuriale.com, specifying your identity and the nature of your request.
11.5. Cookies
The Site may use cookies or similar technologies to:
- Ensure its proper technical functioning;
- Measure audience and Site performance;
- Improve your browsing experience.
You will be informed of the use of cookies upon your first visit and may configure or refuse them, except for cookies that are strictly necessary for the functioning of the Site. Details on the use of cookies are provided in our Privacy & Cookie Policy, available on the Site.
12. Intellectual Property
12.1. All elements of the Site (including but not limited to: texts, graphics, logos, images, photographs, videos, trademarks, domain name, code and overall structure) are the exclusive property of Azuriale or its partners and are protected by intellectual property rights (in particular copyright and trademarks). Aisa International France
12.2. Any reproduction, representation, modification, distribution, transmission, publication, adaptation or exploitation of all or part of the Site or its content, by any means and on any medium, without the prior written authorisation of Azuriale, is strictly prohibited and may constitute an infringement.
12.3. You are granted only a limited, non-exclusive and non-transferable licence to access and use the Site for personal, non-commercial purposes in accordance with these Terms.
13. Hyperlinks and Third-Party Services
13.1. The Site may contain hyperlinks to third-party websites or services that are not operated or controlled by Azuriale. We do not endorse these sites and cannot be held responsible for their content, their terms of use or their privacy practices.
13.2. Any creation of a hyperlink to the Site requires prior written authorisation from Azuriale.
14. Force Majeure
14.1. Azuriale shall not be liable for any failure or delay in performing its obligations where such failure or delay is due to a force majeure event as defined by French law and courts, beyond its reasonable control, and which could not reasonably have been foreseen at the time of conclusion of the contract.
14.2. In the event of force majeure, the performance of the obligations of the party concerned is suspended for the duration of the force majeure. If the event continues for more than sixty (60) days, either party may terminate the contract for the part of the order concerned, without compensation.
15. Changes to the Site and to the Terms
15.1. Azuriale reserves the right to modify or withdraw, temporarily or permanently, any part of the Site (including the Product catalogue and prices) without prior notice, provided that this does not affect orders already placed and confirmed.
15.2. Azuriale may update these Terms to reflect legal, regulatory, technical or commercial developments. The new Terms will apply only to orders placed after their publication on the Site.
16. Applicable Law – Disputes – Mediation
16.1. Applicable law
These Terms and any sale of Products by Azuriale are governed by French law, without prejudice to any mandatory consumer protection rules that may apply in the country of your habitual residence.
16.2. Complaints
In the event of a dispute, we invite you to first contact our customer service at info@azuriale.com so that an amicable solution can be sought.
16.3. Consumer mediation
If the dispute cannot be resolved through our internal complaints procedure, and in accordance with applicable consumer law, you may refer the matter free of charge to a consumer mediation service. Information about the competent consumer mediator and how to contact them will be provided on the Site or upon request. Grizzlead
16.4. Online dispute resolution (ODR)
You may also use the European Commission’s Online Dispute Resolution platform, accessible via the European Commission’s website (Consumer ODR platform), to resolve disputes online.
16.5. Jurisdiction
In the absence of an amicable solution or mediation, any dispute relating to the interpretation, performance or validity of these Terms shall be submitted to the competent French courts, in accordance with applicable jurisdiction rules.
17. Miscellaneous Provisions
17.1. Entire agreement
These Terms, together with the order confirmation and any additional documents expressly referred to therein (such as our Privacy & Cookie Policy), constitute the entire agreement between you and Azuriale regarding the sale of Products via the Site and supersede any prior agreements or communications relating thereto.
17.2. No waiver
The fact that Azuriale does not invoke a breach of any of the provisions of these Terms shall not be interpreted as a waiver of its right to invoke such breach at a later time.
17.3. Severability
If any provision of these Terms is held to be invalid or unenforceable by a competent court or authority, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the parties’ original intent.