Policies

Last update : 08/02/2022

The Aviatic Jeans brand (hereinafter referred to as “the Company”) has an e-commerce Website , which can be accessed at www.aviatic.co (hereinafter referred to as “the Site”).

This document sets out the general terms and conditions of use of the Website as well as the general conditions of sale (collectively referred to as the “Conditions”) between the Company, and any natural person using the Website (hereinafter referred to as “the User”) or making a purchase on the Website (hereinafter referred to as “the Customer”).

The Terms shall apply exclusively to any natural person who is at least 18 years old, is not a trader and acts for his personal needs.

Before any use of the Site, it is recommended to read these Terms & Conditions and our Privacy Policy (the “Privacy Policy”) accessible in Article 10 – of these Terms..

The use of the Website or placing an order on it constitutes an acceptance of these Terms.

The Company offers items for sale (“Products”) such as ready-to-wear and accessories.

Article 1. Creation of an account

Creating an account gives you the following options:

• Track your current orders and view your previous purchases
• Make a return request directly via your account, without having to send us your request by phone or e-mail
• Place an order easily, with all billing and delivery information saved
•  Subscribe to the Aviatic Jeans newsletter to stay up-to-date on new arrivals, stay up-to-date on our editorial content, and stay up-to-date on upcoming sales

By creating an account, the Customer accepts our Data Protection Policy and declares that all information provided is true and accurate.

How to create an account?

1. Go to www.aviatic.co
2.  Click on the “Sign in”  at the top right of your screen and then select “Create Account”
3. Enter your email address and click on “Enter”
4. A confirmation email will be sent to you. To confirm your information and continue your registration click on the link provided in the email.
5. Complete all required fields, marked with an asterisk.
6. Click on “Create My Account”

How do I sign in to my account?

1. Go to www.aviatic.co
2. Click on “Sign in” at the top-right of your screen
3. Fill in your email address and password
4. Click on “Continue”

You have forgotten your password:

1. Click on “Forgot your password?” in the “I already have an account” section
2. Enter your e-mail, validate and you will receive a reset link of the password  in your e-mail box

How do I change my password?

1. Log in to your account
2.  Once identified, click on “Account Details” in your account
3. Enter your old password and then the new password, confirm it again and validate.

The Customer is informed that his username and password are personal and confidential and as such, he undertakes to keep his password secret and not disclose it to any third party, for any reason whatsoever.

Article 2. Order

2.1 Placing an Order

The ordering process includes the following steps that the Customer is asked to follow by filling in and reviewing the information required for each of them:

• The adding of the selected Product(s) by the Customer to their bag, with the bag being accessible at any time to review or make changes;
• Validation of the shopping cart after checking its contents;
• Access by the Customer to his account by indicating his username and the associated password in order to confirm, modify or complete the details necessary for delivery; in the event that the Customer does not already have an account on the Website : the customer has the choice to either create an account by completing the required information during the process. Either, if the customer wishes, place his order as a guest, without creating an account.
• Delivery option selection;
• Payment method selection and express acceptance of the Website Conditions by means of a corresponding checkbox ;
• Redirection of the Customer to the secure online payment Website for payment validation.

2.2 Order confirmation

Once you have placed your order, the Customer will receive an order confirmation email, that summarize the details of the items ordered. The order confirmation constitutes your invoice and includes your order number and any other relevant information.

If you have received your order confirmation and have any concerns, please do not hesitate to contact us. We will be happy to help you.

2.3 Order Processing

Once your order has been placed, please allow a standard processing time of up to 2 working days before shipment.

Orders placed after 1 pm can be processed the next business day and orders placed on weekends and holidays are processed the next business day.

2.4 Modifying or Cancelling Your Order

You have the option to change or cancel your order as long as it has not been packaged or shipped.

To change or cancel your order:

• Please contact the customer service team. This service is available and will gladly help you make your changes before the order is shipped.

2.5 Tracking your order

To know the status of an order:

• Log in to your Aviatic account
•  Click on the “Orders” tab
• The “Status” column indicates the status of your order: “Received”, “In Process” or “Shipped”
• Please note that the status of your order will be updated as it is processed.

Below are the definitions of each steps:

• “Received”: Your order has been accepted and will soon be processed.
• “In Process”: The payment method you used has been approved. Your order will soon be packed and prepared for shipment.
• “Shipped”: We have packaged your order and assigned a tracking number. You are now able to follow the progress of your package until delivery.

2.6 Product Features

In accordance with Article L.111-1 of the French Consumer Code, prior to placing an order, the Customer may consult the main features of the Products they wish to purchase, presented in each product page on the Website.

2.7 Product Availability

The order constitutes acceptance of the prices and description of the Products available for sale. The Company undertakes to honor orders for Products within the limits of available stocks.

If one or more Products(s) are not available after placing the order, the Company undertakes to inform the Customer by e-mail or by telephone as soon as possible on when the product will be available. In the event that Products are unavailable or if the Customer cancels their purchase, the order for the product concerned will be automatically cancelled and the corresponding amount will be refunded according to the same payment method used for the order.

2.8 Price and currency

The prices displayed on the Website are expressed in euros. These prices include the VAT appiable on the day of the order but exclude delivery costs at the expense of the Customer.

The prices of the different delivery methods can be consulted by clicking on the following link: https://aviatic.co/en/delivery-and-returns/

The Company reserves the right to modify the prices at any time, without however such modification could affect an order that already have been validated.

Article 3. Shipments

3.1. Follow-up Information

After shipping your order, you will receive by e-mail the information allowing you to follow the steps of the delivery.

To obtain the details and follow-up of your order, you are also invited to go to the «Orders» section of your account.

3.2. Delivery Adress

The Products are shipped to the delivery address provided by the Customer during the order process.

The Customer is informed that the Company cannot be held responsible for the impossibility of delivering the order in case of incorrect information when the Customer enters his delivery details.

3.3. Unable of Delivery

If your package is not delivered to you and is returned to Aviatic, we will contact you to offer you the option to redirect your merchandise. Departure shipping costs are non-refundable.

3.4 Delivery Options

Article 4. Payment

4.1 Available payment methods

The Customer may pay for his order by the following methods :

• With the following credit cards: Visa, Mastercard, American Express

The transactions carried out on the Website are entrusted to a secure online payment platform STRIPE

The payment data of the Customer’s credit card (namely: card number, expiry date and visual cryptogram on the back of the card) will be encrypted by our service provider, which transmits these payment data to the bank, in full confidentiality and makes them inaccessible to a third party.

By clicking on “Authorize payment”, the Customer confirms that the credit card belongs to him.

The Customer has the possibility, if he accepts, to save on his account his bank data which remain encrypted and not accessible. In accordance with the applicable regulations, the Company does not retain the cryptogram of the Customer’s bank card.

With each use of one of the pre-registered cards, the Customer must re-enter the password of his account and complete the cryptogram. The pre-registered card will only be offered if the same delivery address is used by the Customer for any subsequent order. The Customer has the option to delete pre-registered bank cards in the “Payment Methods” section in his Account, or to add other bank cards on the payment page during his purchase.

• PayPal

Possible for all orders.

Which will be automatically subject to the Paypal’s Service Terms & Conditions as well as Privacy Policy.

• Payment in 3 instalments, free of charge

Possible for all orders from 150,00 € to 2 000,00 € in France, Belgium, Germany, Italy and Spain.

Which will be automatically subject to the Alma Service Terms of Use.

Article 5. Transfer of risk and ownership

The Company retains ownership of the Products until the complete payment of the order, that is to say when the full price and associated costs are collected by the Company.

Article 6. Copyright and Intellectual Property

All texts, comments, photos, trademarks, illustrations and images reproduced on the Website are protected by copyright and intellectual property. These elements are and remain the exclusive property of the Company or the owner of the intellectual property rights concerned.

Any total or partial reproduction of the Website or any of its elements, on any medium or for any reason whatsoever, is strictly prohibited.

Article 7. Right of withdrawal

Withdrawal period

In accordance with Article L 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the date of receipt of his order to exercise his right of withdrawal, without having to give reasons for his decision.

If the last day falls on a Saturday, a Sunday or a public holiday, the time limit shall be extended to the next working day.

The Client shall exercise its right of withdrawal in accordance with the details set out in Article 8 of these Terms.

Article 8. Return, exchange and refund

To make a return the following conditions must be met:

• Returns must be made within 14 days of receipt of the package – at the end of this period you will no longer be able to return the items.
• The item must be in its original state, therefore unused and unaltered, and must not have been washed
• The item must be in its original state and packaging.
• Please note that items purchased at final sale* cannot be returned.

We are not responsible for the loss or damage caused upon return.

• All origin labels still need to be attached to clothing
• No trace, stain or other mark of use that would make the product unsuitable for sale should be found on the item.

Final sales* are for underwear and skincare products.

The Customer therefore undertakes to adopt a careful approach with the ordered article in order to avoid any damage to it such as the wearing of jewelery likely to tear it.

Returns :

To initiate a return, please submit a return authorization request through your Aviatic account. You also have the option to contact our customer service to get help with the return process.

Guest Orders: If you have placed an order as a guest, you must create an Aviatic account to request and manage the return on your own. If you prefer not to create an account, you can also contact our customer service, who will gladly help you return the product(s).

France :

Customers living in France are responsible for the cost of returning packages and for arranging the return with their local post office.

Please follow the following procedure to request a return:

1.  Log in to your Aviatic account and go to the “Orders” page.
2. Request a Return Authorization
3. A return authorization number and return instructions will be sent to the email address associated with your order.
4. Follow the instructions and arrange for the return with your post office

International Returns :

Customers living abroad France are responsible for the cost of returning packages and for arranging the return with their local post office.

Please follow the procedure below to obtain a return authorization:

1. Log in to your Aviatic account and access the “Orders” page
2. Request a Return Authorization
3. A return authorization number and return instructions will be sent to the email address associated with your order.
4. Follow the instructions and arrange for the return with your post office

Please return international packages by standard shipping via the local carrier in your country/region. For added security, please insure all packages and obtain a tracking number.

We are not responsible for any loss or damage caused during the return.

Exchanges :

Aviatic does not offer direct exchanges. Please return the merchandise concerned in order to obtain a full refund and then order the product(s) of your choice as soon as possible.

To proceed to an exchange, this one will have to be carried out in 2 times:

1. Follow the return procedure above
2. Then place a new order with the desired product.

Refunds :

After a quality check and approval of the returned merchandise, Aviatic will issue a refund to your original payment method and send you a confirmation email. Please note that it may take up to 14 business days to process the refund.

Please note that shipping charges will not be refunded.

Damaged or defective items :

If you think an item is defective or damaged, please contact our customer service team, who will gladly help you to fix the problem.

Article 9. Guarantees

9.1. Legal guarantees

All products that are being sell on the Website benefit from the legal guarantee of conformity (as defined in articles L217-3 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code).

The Customer wishes to implement these guarantees undertakes to do so in accordance with the legal and regulatory provisions applicable to the guarantee in question and in accordance with the terms described in article 9.2.

9.2. Reminder of Warranties

9.2.1. Reminder of the Legal Guarantee of Compliance Provisions 

Article L. 271-3 of the French Consumer Code :

“The seller issues a good in accordance with the contract and the criteria set out in article L. 217-5.

He is liable for defects of conformity existing at the time of the issue of the property within the meaning of article L. 216-1, which appear within two years from this one.

In the case of a contract for the sale of an asset with digital elements:

1) Where the contract provides for the continuous supply of digital content or digital service for a period of less than or equal to two years, or where the contract does not determine the duration of supply, the seller is liable for defects in conformity of this digital content or digital service which appear within a period of two years from the delivery of the good;

2) Where the contract provides for the continuous supply of digital content or digital service for a period exceeding two years, the Seller shall be liable for any defects in the compliance of such digital content or digital service that arise during the period during which it is provided under the Contract.

For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller shall also be liable, during the same period, for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.

This guarantee period shall apply without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for prescribing the action of the consumer is the day on which the consumer becomes aware of the lack of conformity.”

Article L. 271-3 of the French Consumer Code

Article L. 271-4 of the French Consumer Code:

“The property complies with the contract if it meets the following criteria, if any:

1) It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristics provided for in the contract;

2) It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3) It is issued with all accessories and installation instructions, to be provided in accordance with the contract;

4) It shall be updated in accordance with the contract.”

Article L. 271-4 of the French Consumer Code

Article L. 217-5 of the French Consumer Code:

“I.-In addition to the contract compliance criteria, the good is compliant if it meets the following criteria:

1) It is suitable for the customarily expected use of a good of the same type, taking into account, where appropriate, any provision of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2) If applicable, it possesses the qualities which the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3) Where applicable, the numerical elements contained therein shall be provided in accordance with the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4) Where applicable, it shall be issued with all accessories, including packaging, and installation instructions which the consumer may legitimately expect;

5) Where applicable, it shall be provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6) It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer may legitimately expect for goods of the same type, having regard to the nature of the property and to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or labelling.

II. -However, the seller is not bound by any public statements mentioned in the preceding paragraph if he demonstrates:

1) That he did not know them and was legitimately unable to know them;

2) That, at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; or

3) That public statements could not have had any influence on the purchase decision.

III. – The consumer may not challenge conformity on the grounds of a defect concerning one or more particular characteristics of the good, which he has been specifically informed of deviating from the conformity criteria set out in this Article, the deviation to which he expressly and separately agreed when entering into the contract.”

Article L. 217-5 of the French Consumer Code

Article L. 217-7 of the French Consumer Code:

”Defects of conformity which appear within 24 months of the issue of the good, including the good with numerical elements, shall, unless there is evidence to the contrary, be presumed to exist at the time of issue, unless that presumption is inconsistent with the nature of the property or default claimed.

For second-hand goods, this period is fixed at 12 months.

Where the contract for the sale of an asset with digital elements provides for the continued provision of digital content or a digital service, defects in compliance that arise are presumed to exist at the time the asset is issued:

1) For a period of two years from the delivery of the property, where the contract provides for such supply for a period of less than or equal to two years or where the contract does not determine the duration of supply;

2) During the period during which the digital content or digital service is provided under the contract, where the contract provides for such provision for a period of more than two years.”

Article L. 217-7 of the French Consumer Code

9.2.2. Reminder of the provisions relating to the guarantee against hidden defects

Article 1641 of the Civil Code:

“The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.”

Article 1641 of the Civil Code

Article 1643 of the Civil Code:

“He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.”

Article 1643 of the Civil Code

9.3. Exclusion of guarantees

Products modified, repaired or used by the Customer are excluded from warranties.

The warranty will not cover Products damaged during transport or due to misuse.

If the Products returned by the Customer do not correspond to the products ordered or are not in their original state, the Website  will not be bound by legal guarantees. 

It is specified for all purposes that the legal guarantees do not cover damages or defects resulting from an external cause (accident, shock, etc.) or from a fault of the Customer resulting from a use or use that is not in conformity and/or unsuited to the characteristics of the product.

Likewise, this article does not apply if the products have not been purchased on the Site, insofar as the legal guarantees are due by the Website  from which the products were purchased.

These provisions are not exclusive of the right of withdrawal from which the Customer benefits as defined in article 7 of these Terms.

Article 10. Privacy policy

The Company undertakes to be as open and transparent as possible and to provide the Customer with all necessary information on the manner in which Personal Data (as this term is defined in our Data Protection Policy) are collected, used and protected when using the Website  and when placing an order.

For further information, we invite you to read our Data Protection Policy accessible via the following link: Privacy Policy.

Article 11. Customer Service

Please call us to receive immediate answers to all your questions concerning orders and delivery, we are reachable from Monday to Friday and our telephone line is open from 10:00 am to 6:00 pm:

• +33 1 49 15 95 22

You can contact us by email at:

• shop@aviatic.co

Or via the online form at the following address: https://aviatic.co/en/contact/

Article 12. Mediation

In accordance with Article L. 612-1 of the French Consumer Code, the Customer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to these Terms that could not be resolved by the Company’s Customer Service Department seized in writing by the Customer at the coordinates indicated in Article 8 of these Terms.

Article 13. Applicable law and jurisdiction

These Terms & Conditions are subject to French law. In the absence of an amicable agreement, disputes shall be the exclusive competence of the competent French courts, notwithstanding the plurality of defendants and/or an appeal for damages, even for emergency proceedings or interim or interim proceedings.

Article 14 – Modification of the Conditions

The Company reserves the right to modify these Terms at any time.

The User or Customer will be informed of any further updates to these Terms in order to accept them.

The Terms applicable to the User or the Customer are those in force at the time of use of the Website or the placing of the order on the Site.