- Vendor’s contact details
The Vendor’s contact details are as follows:
The Aiava company is under the control of MR MALAN JEAN SYLVESTRE, self
-employed person, registered under the number 5182058280024 and whose registered
office is located at 9 R D Estienne d’Orves 94200 Ivry sur Seine.
Email: contact@aiavalab.com - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all
sales concluded by the Aiava company, to consumers and non-professional buyers (‘the
Customers’ or ‘the Customer’), wishing to acquire products offered for sale by the Vendor
(‘the Products’) on the Website https://aiavalab.com
These General Terms and Conditions of Sale specify the conditions of ordering, payment,
delivery and management of any returns of any Products ordered by Customers. These
General Terms and Conditions of Sale may be supplemented by special conditions, set out
on the Website, before any transaction with the Customer.
They are accessible at any time on the Website https://aiavalab.com/ and will prevail,
where applicable, over any other version or any other contradictory document.
Aiava can update these General Terms and Conditions of Sale at any time. The version
applicable to the Customer’s purchase is the one in force on the Website on the date of the
Order.
By placing an Order of a Product on the Website, the Customer is indicating that they fully
accept the General Terms and Conditions of Sale. - Products offered for sale
The Products offered for sale by Aiava are those described on the Website on the day of
consultation by the Customer while stocks last.
The Vendor cannot be held liable for any error in updating the available stock nor can the
Vendor consequently be held liable for the cancellation of an Order for a Product due to the
unavailability of the stock.
In the event that a Product becomes unavailable after a Customer has placed an Order,
Aiava will inform the Customer by email as soon as possible.
The essential characteristics of the Product(s), in particular, the specifications, photographs
and dimensions of the Product(s), are presented on the website https://aiavalab.com/. Every
effort has been made to ensure that the colours of the Product(s) displayed on the Website
are faithful to the original products; however, variations may occur. Aiava cannot be held
liable for any errors or inaccuracies in the photographs of the Products appearing on the
Website.
The Customer declares that they have the full legal capacity required to enter into contracts
and acquire the Product(s) offered on the Website https://aiavalab.com/. The choice and
purchase of a Product is the sole responsibility of the Customer.
The ‘Aiava’ Products are exclusively reserved for direct sale to customers, natural persons
or non-professional legal persons, known as ‘end customers’. The Customer agrees to act
as an end customer and to refrain from acquiring the Products with a view to reselling them
as part of a commercial activity. - Orders
Placing an order
By placing an Order on the Website, the Customer is indicating their full acceptance of the
General Terms and Conditions of Sale and the prices and Products available for sale on the
Website.
Order process
Any Order placed on the Website must comply with the procedure set up by Aiava that
comprises the following successive steps that lead to the validation of the Order. - Choice of Product: The Customer can select one or more Products in the number
they wish, and this selection will be automatically added to the Basket (‘the Basket’). - Content verification: By clicking on the Basket, the Customer can view the list of
Product(s) they have chosen. As long as the Order has not been validated, the
Customer can return to the Basket and modify it as necessary. - Identification: The Customer must create an account by completing the identification
form provided and entering the requested information. The Customer agrees to
provide accurate information. Any Customer who already has a Customer account
must identify themselves by entering the username and password that they entered
when creating their account. - Order verification: It is the Customer’s responsibility to verify the accuracy of the
Order, the total price and their personal information and to immediately delete or
correct any errors before final validation. - Order validation: The Customer must confirm the method of delivery and payment.
The Customer must also confirm their acceptance of these General Terms and
Conditions of Sale by checking the corresponding box. - Order confirmation: Once payment has been made in full, a confirmation email will
be sent to the Customer at the email address they provided when placing the Order. - The Order is then recorded and processed by Aiava, and it is at this time that the
availability of the Product(s) ordered is confirmed. - Confirmation of dispatch: The Customer will receive an email confirming that their
Order has been dispatched. The sale is only deemed final on the date on which this
email is sent.
Any Order placed and validated by the Customer and confirmed by the Vendor, under the
conditions and according to the methods described above, on the Website
https://aiavalab.com/, constitutes the formation of a contract concluded at a distance
between the Customer and Vendor.
The Vendor reserves the right to cancel or refuse any Order from a Customer with whom
there is a dispute relating to the payment of a previous order.
Order tracking
The Customer will be able to follow the progress of their Order on the Website in their
customer area. The Customer will also receive by email information on the follow-up and
processing of their Order. If the Customer wishes to track their Order, they can contact the
chosen carrier directly and follow the delivery of their package. - Prices
The prices of the Products are indicated according to the currency of the customer’s
shipping country.
All deliveries to Europe are not applicable for import duty and taxes. All orders shipped to
USA, Canada and New Zealand have any import duties and taxes paid for.
Deliveries to the rest of the world where duty is applicable can choose to pay duty at the
checkout or upon receipt of the order.
The Vendor reserves the right to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which
are invoiced in addition, under the conditions indicated on the Website
https://aiavalab.com/ and calculated before the Order is placed.
If the Customer requests a faster or more expensive method of shipping than standard
shipping, the additional delivery costs, as they appear at the time of the validation of the
Order by the Customer, will be borne by and are the sole responsibility of the Customer.
All Orders are payable in the currency of the customer’s shipping country and must be paid
in full immediately on the Order being placed.
The payment due by the Customer corresponds to the total amount of the purchase,
including any costs. - Payment terms
Drôle de Monsieur accepts different payment methods in different countries. In all countries,
Drôle de Monsieur accepts credit cards, but in many countries, PayPal and country specific
payment methods are accepted. At the checkout the customer can see what payment
methods are offered in his shipping country.
The Customer expressly acknowledges that by communicating their bank card number to
the Vendor, they are authorizing the Vendor to debit their account up to the amount of the
total purchase price. Failing this, a notification of cancellation of the order for non-payment
will be sent to the Customer at the email address that was previously provided by the
Customer.
The price due from the Customer is the amount indicated on the order summary page.
The amount debited will correspond to the Products actually delivered and the related costs.
The debit will be made at the time the Order is placed.
If a Product becomes unavailable between the debit and delivery, a refund for the
unavailable Product will be made as soon as possible. - Deliveries
The preparation and shipping costs depend on the country of delivery and the total amount
of the Order. These costs are detailed on the invoice.
Drôle de Monsieur cannot be held liable for any action and/or charges and/or taxes (which
are the responsibility of the Customer) and/or any delays due to customs services over
which it has no control.
For all Products, the Order will be prepared for dispatch at the Drôle de Monsieur
warehouse within a maximum period of three (3) business days from the day following the
validation of the Order. Orders registered on the Website https://aiavalab.com/ on a
Friday, Saturday or Sunday will be processed on the following Monday. Orders placed on a
public holiday other than a Friday, Saturday and Sunday will be processed on the following
business day.
During private sale, sale or archive sale periods, the shipping period may be extended by a
maximum of 15 working days. It may also be extended to the day after a new collection
goes online or during the Christmas shopping period between 23 November and 31
December.
If the Product(s) ordered have not been delivered within 30 business days of the indicative
delivery date, for any reason other than force majeure or the fault of the Customer, the sale
may be canceled at the written request of the Customer in accordance with the conditions
provided for in Articles L216-2, L216-3 and L241-4 of the ‘Code de la consommation’ (the
French Consumer Code). Any amounts paid by the Customer will then be returned to them
within 14 days of the date of termination of the contract at the latest, excluding any
compensation or damages.
In any case, the Vendor cannot be held liable for any harmful consequences resulting from a
delay in delivery; only the reimbursement of the Product by Aiava is possible to the
exclusion of any other form of compensation.
In the event of non-compliance of the delivered Product, the Vendor undertakes to remedy
the situation or to reimburse the Customer, as indicated in the Article ‘Responsibilities of the
Vendor – Guarantees’.
The Vendor bears the transport risks and must reimburse the Customer for any damage
caused during transport.
Upon receipt of the Order, the Customer must check the condition of the packaging and the
conformity of the Product(s) delivered and, if applicable, note any reservations on the
carrier’s delivery slip. This verification is considered to have been carried out once the
Customer, or a person of their choice, has signed the delivery slip. No claim about the
condition of the delivered package(s) will be accepted.
In the event of absence, wrong address or a refusal of the package by the recipient, which
makes it impossible to deliver the Order to the recipient on time, Aiava cannot be held
liable for the final quality of the delivery. In the absence of the recipient, according to the
delivery terms and conditions of the carrier, the Product(s) may be re-presented again
and/or deposited at a relay point and/or returned to aiava.
In the event that it is impossible to make delivery, no reshipment will be made and the
Customer will be reimbursed within 14 days of receipt of the Order by Drôle de Monsieur.
Deliveries are made using the services of:
● COLISSIMO (standard delivery) and UPS (express delivery) for mainland France;
and
● Mostly DHL and Chronopost for international (standard and express) delivery.
All international orders are placed through Global-E, our international shipping provider, and
shipped from our warehouse in France.
Customers will be prompted to use our shipping partner, Global-E, upon chekout. By doing
so, the customer will have the ability to pre-pay their duties, import fees, and related charges
up-front.
Any complaint concerning the delivery of the Product(s) must be lodged within 14 working
days of receipt of the Product(s). The Customer must contact customer service by email to
contact@aiavalab.com. - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of 14 days from
the receipt of the Product(s) to notify customer service that they wish to return the
Product(s) without having to justify their reasons or pay a penalty.
The Customer must complete the return form online or contact customer service by email to
contact@aiavalab.com to inform Aiava of their decision to exercise their
right of withdrawal.
Products can be returned within 14 days of delivery. Products must be returned in their
original condition, with original labels attached and all packaging. No merchandise that has
been worn, used or damaged will be accepted. If these conditions are not met, Aiava
reserves the right to refuse the return and refund. In such circumstances, the Product will be
returned to you.
The costs and risks associated with returning the Product(s) are the responsibility of the
sender. The Vendor will not be responsible for any loss, theft or damage to a package.
All packages must be traceable and their tracking number must be communicated Aiava. It
is the Customer’s sole responsibility to keep proof of the return of a Product.
The right of withdrawal cannot be exercised in relation to the following Products, which
cannot be returned: socks.
Finale sale items are not refundable. They can only be exchanged for a different size or for
a e-store credit.
The refund will be made within 14 days of receipt of the returned product. Reimbursement of
the returned Product(s) will be made by the Vendor via the original method of payment used
by the Customer for the initial transaction, unless the Parties agree to a different method.
The refund will only be made if the Vendor has been able to recover the Product(s) subject
to the return and the refund request.
In the event that payment was made by bank card or in the event that the card has expired,
refunds can only be made by bank transfer. In such circumstances, the Customer must
provide the ‘RIB’ (bank account details) to the Vendor so that the refund can be processed.
Any Order paid by gift card, e-gift card or a store credit will be automatically refunded as a
store credit. - Responsibilities of the
Vendor – Guarantees
The Products sold on the Website https://aiavalab.com/ comply with the regulations in
force in France.
The Products supplied by the Vendor, automatically, without additional payment, and
independently of the right of withdrawal, benefit from the following legal provisions:
● the legal guarantee of conformity for Products that are apparently faulty, defective or
damaged or do not correspond to the order; and
● the guarantee against hidden defects resulting from a material, design or
manufacturing defect affecting the Products delivered, which renders them unfit for
use, in accordance with the terms and conditions below.
To exercise their rights, the Customer must inform the Vendor in writing of the
non-conformity of the Product(s) within a maximum period of 14 days from the delivery of
the Product(s) or of the discovery of hidden defects within the above-mentioned deadlines
and must return the defective Product(s) in the state in which they were received with all the
elements (accessories, packaging, instructions, etc.).
The Vendor will reimburse, replace or have repaired the Product(s) or any parts under
warranty deemed non-compliant or defective.
If the Product is replaced, the Vendor bears the return costs.
The shipping costs will be reimbursed on the basis of the invoiced price, and the return
costs will be reimbursed upon the presentation of supporting documents.
The Vendor cannot be held liable in the following circumstances:
● non-compliance with the legislation of the country to which the Products are
delivered, which the Customer must verify;
● in the event of misuse, use for professional purposes, negligence or lack of
maintenance on the part of the Customer, or in the event of normal wear and tear of
the Product, accident or force majeure.
In any event, the Vendor’s guarantee is limited to the replacement or reimbursement of
non-compliant or defective Products.
The Vendor’s liability with regard to any Product purchased on the Website is strictly limited
to the purchase price of the latter.
The documents, descriptions and information relating to the Products appearing on the
Website are not covered by any guarantee, express or implied, with the exception of the
guarantees provided for by law.
The Customer acknowledges that it is their responsibility to install anti-virus and appropriate
security software on their computer hardware and any other device to protect them against
any bugs, viruses or any other such harmful computer programs. The Customer assumes all
risks associated with any content downloaded or obtained in any other way through the use
of the Website and agrees that they are solely responsible for any damage. - Personal data
Pursuant to Law No. 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20
June 2018, the personal data requested from the Customer are necessary for the
processing of their Order(s) and the preparation of invoice(s). These data may be
communicated to any partners of the Vendor responsible for the execution, processing,
management and payment of Orders. The processing of information communicated through
the Website https://droledemonsieur.com/ meets the legal requirements for the protection of
personal data, and the information system used ensures the optimal protection of this data.
At any time, the Customer has the right of permanent access, modification, rectification,
opposition, portability and limitation of processing with regard to information concerning
them. To exercise this right, the Customer can make a request to customer service by email
to contact@aiavalab.com.
Subject to the Customer’s agreement (‘opt-in’), personal information concerning them may
be used by Drôle de Monsieur and/or its partners for commercial purposes such as sending
newsletters or other solicitations.
The Website uses Cookies to best meet the Customer’s needs and to personalise them. - Intellectual property
The content of the Website https://aiavalab.com/ is the property of the VENDOR and its
partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a
copyright infringement. - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance
of any of their obligations as described herein results from a case of force majeure within the
meaning of Article 1218 of the French Civil Code. - Disputes
These General Terms and Conditions of Sale were drafted in the French language and
translated into the English language. Should any disagreement or discrepancy arise
between the French and English versions, the French terms and conditions shall prevail.
All disputes that may arise in relation to the purchase and sale transactions concluded in
application of these General Terms and Conditions of Sale, concerning their validity,
interpretation, execution, termination, consequences and results, and which cannot be
resolved between the Vendor and the Customer, shall be submitted to the competent courts
under the conditions of common law.
In the event of a dispute, the Customer may in any case resort to conventional mediation, in
particular with the ‘Commission de la médiation de la consummation’ (Consumer Mediation
Commission) (French Consumer Code, Article L612-1) or with existing sectoral mediation
bodies or by any alternative dispute resolution method (e.g., conciliation).