CGV

 

The Customer can order online via the site https://www.andre.fr.

The order implies irrevocable acceptance of these general terms and conditions of sale. These general terms and conditions of sale may be subject to changes; the applicable conditions are those in effect on the site https://www.andre.fr at the date the order is placed.

An order can only be registered on the site if the user has clearly identified themselves by entering their customer code (corresponding to their email) and a chosen password. Any order is only processed after payment acceptance.

After payment acceptance, www.andre.fr will confirm the order to the Customer by email, assigning a number to it.

 

Any order implies acceptance of the prices and description of the products available for sale.

andre.fr commits to fulfilling orders received on the website only within the limits of available product stock. If one or more ordered products are unavailable, andre.fr commits to informing the customer as soon as possible. The customer's order will then be automatically canceled. No charge will be made to the customer's account, as the charge occurs after stock availability verification and shipment of the goods.

 

Delivery is made in mainland France, Corsica, and Monaco, subject to the provisions mentioned below.

Any order placed on the ANDRÉ website before 12 p.m. from Monday to Friday (excluding public holidays) will be prepared and shipped the same day, subject to payment validation (see section 5. Payment). Orders placed on a Saturday, Sunday, or public holiday will be processed on the next business day.

 

The Customer is delivered via standard home delivery or to a pickup point (GLS):

Timeframe: 10 business days

 

Payment for purchases is made by credit card (Visa, MasterCard, Eurocard MasterCard, American Express).

Payment is validated upon receipt of the requested additional information requiring further verification.

The Customer’s bank account will be debited upon payment of the order. In case of partial shipment of the order, the unavailable item(s) will be refunded. In this case, the shipping costs will be fully charged on the first shipment.

 

ANDRÉ reserves the right to refuse delivery or to fulfill an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing or if there is a risk of fraud.

Any credit card rejection or abusive dispute with Paypal may lead to a collection procedure by PROMECO.

 

PROMECO checks all orders validated on its site. These checks aim to protect PROMECO from abusive practices: identity theft, payment fraud. PROMECO’s services may request from any Customer all necessary documents to unblock the order: proof of address or debit in their name, or proof of address in the name of the person indicated for the delivery address, bank documents, etc.

If these documents are not received within 7 days, the order will be automatically canceled.

Any receipt of non-compliant documents will also result in the cancellation of the order.

 

PROMECO makes every effort to ensure the confidentiality and security of data transmitted on the web and on the site https://www.andre.fr. To this end, the site uses a secure payment module such as SSL (Secure Socket Layer).

 

In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has 14 days to exercise their right of withdrawal without having to provide a reason. The deadline starts on the day the Customer or a third party designated by them receives the order. If the 14-day period expires on a Saturday, Sunday, public holiday, or non-working day, it is extended to the next working day.

To exercise their right of withdrawal, the Customer must notify PROMECO of their decision to withdraw before the deadline expires:

• Or by means of an unambiguous statement such as an email specifying the following details: name, address, phone number, order number, reference, type of item, price, and quantities.

• Either by using the withdrawal form.

The Customer can return the item directly to any André store of their choice. See the return conditions in section 7.2.

In any case, the customer must return to PROMECO, without undue delay and no later than 14 days from the communication of their decision to withdraw, the item(s) subject to the right of withdrawal. The Customer must include in the package the duly completed return form (form located at the bottom of the invoice) or a note indicating the order number.

In the event of exercising the right of withdrawal, PROMECO will refund the Customer the price of the item(s) concerned and, if the entire order is returned, the shipping costs if these were paid by the customer. Note that the return shipping cost will be borne by the customer.

The refund will be made within 14 days from the date PROMECO is informed by the Customer of their decision to withdraw. In any case, this refund cannot occur before PROMECO has recovered the item(s) subject to the Customer's withdrawal or proof of their return has been provided.

The refund will be made by bank transfer. The refund cannot be made if the item concerned has depreciated due to handling other than what is necessary to establish its nature, characteristics, or compliance.

 

Deadline to return an item regardless of the withdrawal period mentioned above: The Customer has a period of 14 calendar days, reduced to 14 days during legal sale periods for discounted products, from the date of receipt of the merchandise to return the item(s) that do not suit them, subject to compliance with the conditions stated below.

 

To make a return, the Customer has two options:

 

             • Or they return the product free of charge to the ANDRE store of their choice

             • Either they return it at their own expense via carrier to the following address:

 

 

The customer must include in the package the duly completed return form or a note indicating the order number, item reference, size, and reason for the return. As proof, the customer must keep the deposit receipt for the package that will be given to them.

 

 

All returned products (shoes, original packaging, accessories, instructions...) must be new, unused, and in their original box intact and without writing.

Upon receipt of the package, ANDRÉ will assess the condition of the returned merchandise. No returns will be accepted and therefore no refunds will be issued if the returned products have been visibly used or damaged by the customer, and such use or damage makes the product unsellable.

 

In case of a return meeting the above conditions, ANDRÉ will refund the returned products no later than 14 days following the return of the merchandise. Returns are at the customer's expense.

 

ANDRÉ will reimburse the shipping costs incurred by the customer if the order is returned in full within 14 calendar days from the date of receipt of the merchandise. This period will be reduced to 14 days during the legal sale periods for discounted products.

 

 

Products benefit from the legal guarantee of conformity (article L 217-4 and following of the Consumer Code) and the guarantee against hidden defects (article 1641 and following of the Civil Code). Any warranty is excluded in case of damage from external origin or resulting from misuse, non-compliant use, negligence, or lack of maintenance by the Customer, as well as in case of normal wear and tear of the product.

- Article L217-4 of the Consumer Code

The seller is required to deliver an item compliant with the contract and is liable for non-conformity defects existing at the time of delivery (…).

- Article L217-5 of the Consumer Code

To be compliant with the contract, the item must:

1º Be suitable for the usual use expected of a similar item and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer, or their representative, notably in advertising or labeling;

2º Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.

- Article L217.7 Consumer Code

Non-conformity defects that appear within 24 months from the delivery of the item are presumed to have existed at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is incompatible with the nature of the item or the claimed non-conformity defect.

- Article L217-9 Consumer Code

In case of non-conformity, the buyer chooses between repair and replacement of the item. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the item or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.

- Article L217.10 of the Consumer Code

If repair and replacement of the good are impossible, the buyer may return the good and be refunded the price or keep the good and receive a partial refund.

The same option is offered to them:

1° If the solution requested, proposed, or agreed upon under Article L.217-9 cannot be implemented within one month following the buyer's claim;

2° Or if this solution cannot be implemented without major inconvenience for the buyer, considering the nature of the good and the use sought.

However, the cancellation of the sale cannot be ordered if the lack of conformity is minor.

- Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good.

- Article L217-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided by Articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual action recognized by law.

- Article 1641 of the Civil Code: The seller is liable for the warranty against hidden defects of the sold item that make it unfit for the intended use, or that so diminish its use that the buyer would not have purchased it, or would have paid a lower price, had they known of them.

- Article 1648 paragraph 1 of the Civil Code: The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.

 

The guarantor for defects in the sold item is PROMECO, whose headquarters are located at Doornikserijksweg 12, 8510 Bellegem (Courtrai), Belgium

When acting under the legal warranty of conformity, the customer has a period of two years from the delivery of the good to take action, may choose between repair or replacement of the good, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code, and is exempt from proving the existence of the conformity defect during the 24 months following delivery. The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The customer may choose to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code and may opt for either the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

 

The Client requesting the benefit of the legal guarantee of conformity or hidden defects must then return the item within the above-mentioned deadlines to an André store of their choice (updated list on the site)

In case of return of a defective or non-compliant product, after verification by ANDRÉ of the defect or non-compliance of the product, ANDRÉ will refund the Client the price of the item(s) concerned and, in case of return of the entire order, the shipping costs.

 

ANDRÉ reserves the right to change its prices at any time without notice. Products will be invoiced based on the rates in effect at the time orders are recorded. Products remain the property of ANDRÉ until full payment of the price.

 

All elements of the ANDRÉ site, whether visual or audio, are protected by copyright, trademarks, or patents. They are the exclusive property of PROMECO. As such, and in accordance with the provisions of the Intellectual Property Code, use is only authorized for private purposes, subject to different or more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the ANDRÉ site is strictly prohibited without prior agreement.

 

Regulatory framework In accordance with the amended Data Protection Act of January 6, 1978, and the General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016), ANDRÉ processes personal data of its customers and prospects, hereinafter referred to as Customer data and Prospect data.

Data Controller and DPO

The data controller is Promeco, Doornikserijksweg 12, 8510 Bellegem (Courtrai), BelgiumSAS, and the Data Protection Officer of PROMECO is dpo@andre.fr.

Type of data collected

Customer and Prospect data collected by ANDRÉ may include: last name, first name, title, email address, date of birth, postal address and delivery address, phone number. ANDRÉ also reserves the right to collect browsing data through the use of cookies, which may include geolocation data, in accordance with applicable law. A cookie is a computer file stored on the Client's computer hard drive. Its purpose is to indicate a previous visit by the Client or Prospect to the site https://www.andre.fr. Regarding data of minors, ANDRÉ commits not to create a customer account for anyone under 16 years old, both in-store and on the site https://www.andre.fr

 

This client and prospect data is collected by ANDRÉ as part of its activities to ensure the placement, management, and execution of purchases, orders, or reservations (deliveries, returns, refunds), the creation and management of the client account, the management of the loyalty program, commercial prospecting, needs assessment by personalizing the customer journey with segmentation and/or profiling actions, and then conducting statistical studies.

Recipients

The recipients of the data are the customer service, e-commerce marketing departments of ANDRÉ, as well as a payment provider,  the company responsible for system maintenance, the site host, and our transport providers (GLS) to ensure delivery of Client orders. Data transfers with our providers are contractually regulated and comply with current law, and are subject to an adequate level of data security.

Retention

In accordance with the data retention principle of the General Data Protection Regulation, and Simplified Standard 48 for managing client and prospect files, personal data related to clients cannot be kept beyond the period strictly necessary for managing the commercial relationship.

ANDRÉ commits to deleting or archiving Client data after a period of 3 years following the last purchase, and Prospect data after a period of 3 years following the last interaction.

An exception is made for data necessary to establish proof of a right or contract, which may be archived as provided by the provisions of the Commercial Code relating to the retention period of books and documents created during commercial activities, and the Consumer Code relating to the retention of contracts concluded electronically.

Rights of the data subject

The Client or Prospect has the right to access and correct their data, and can also exercise their right to erasure or right to be forgotten, as well as their right to object or right to data portability. For any request, they simply need to write to contact@andre.fr.

On the other hand, the Client or Prospect can disable the use of cookies at any time by selecting the appropriate settings in their browser. However, such a deactivation may prevent the use of certain features on the site https://www.andre.fr

Finally, any Customer or Prospect has the right to file a complaint with the competent supervisory authority (in France, this is the CNIL) regarding the processing of their personal data.

Lawfulness of Processing

Providing Customer data is necessary for a purchase on the site https://www.andre.fr, especially for delivering the order to the customer. The collection of Prospect data is based on the legitimate interest of the data controller. Finally, data processing by ANDRÉ may respond to a legal obligation (such as taxation or dispute management).

 

PROMECO has only an obligation of means for all steps of site access and the ordering process. PROMECO’s liability cannot be engaged for any inconvenience or damage inherent to the use of the internet, including service interruptions, external intrusions, computer viruses, or any event qualified as force majeure, in accordance with case law.

Furthermore, PROMECO cannot be held responsible if the order does not go through or if it is prevented from fulfilling any of its obligations due to a force majeure event as defined by case law, including strikes or bad weather preventing order delivery.

 

If any clause of this contract is null and void due to a change in legislation, regulation, or a court decision, this shall in no way affect the validity and compliance of these general terms and conditions of sale.

 

These terms apply for the entire duration that the services offered by PROMECO are online.

 

Computerized records, kept in the computer systems of PROMECO and its partners under reasonable security conditions, will be considered as evidence of communications, orders, and payments between the parties.

 

Order forms and invoices are archived on a reliable and durable medium to correspond to a faithful and lasting copy in accordance with Article 1348 of the Civil Code.

 

These terms are subject to French law. In case of dispute, PROMECO and the Customer will attempt to resolve it amicably.

 

For any information or questions, ANDRÉ Customer Service can be reached by email from Monday to Friday, 10 a.m. to 5 p.m. at the following address contact@andre.fr