1. The General Data Protection Regulation
THE AVANT applies European standards when it comes to data (the GDPR regulations).
This applies to all our customers, regardless of where you live.
“The General Data Protection Regulation (EU) 2016/679 (“GDPR”) is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas. The GDPR aims primarily to give control to individuals over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.”
This is a much wider definition of personal data than in US law which is limited to your name, age and financial information.
Sensitive personal data
In terms of European regulations, there’s a special class of personal data, referred to as sensitive personal data. That’s data concerning someone’s race, ethnic origin, political views, religious or philosophical believes; trade-union membership, health, or sex life.
THE AVANT does not collect or hold or - importantly - try and infer any such data. It also does not work with data processors (see below) who do.
THE AVANT is a data collector
A data collector is an entity which the data subject (you) is transacting with and therefore trusting their personal data to. As a merchant, THE AVANT is considered a data collector.
You also need to know what a data processor is. It is any company that is storing and/or processing the data on behalf of a data collector. Our eCommerce platform, PrestaShop, is a data processor.
It is our responsibility as a data collector to ensure that any company that is processing the data of our EU customers (and in our case everybody) is compliant with GDPR.
There are many things that a data processor needs to comply with, like only processing data to the extent entrusted to them.
In other words, a data processor can’t take the data THE AVANT is sharing and opportunistically do something with it.
Here is a list of the data processors we use:
PrestaShop (the cloud-based software that powers our online shops);
Mailchimp (for our email lists);
Facebook and Instagram (for advertising);
Google Analytics for (for analytics);
All of these claim to be GDPR complaint. All of these may take data outside of the European Economic Area for processing.
How we collect data
We collect data to be able to complete a transaction and keep you informed about a purchase. This is not the same as a marketing email.
We require opt-in (and not opt out) for permission to send you emails about new products, sample sales or news.
Cookies are used on the site, in order to improve your experience of the site. The cookie identifies your computer and allows the site to remember your personal settings. Cookies are also used for statistical purposes.
You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit. The web shop cannot be used if cookies are disallowed.
A user-ID will be assigned to logged in users, which allows for anonymised website tracking across multiple devices (table, desktop, mobile, etc.). No personally identifiable data is collected or connected to the user-ID.
3. Scope and acceptance of the General Terms of Sale
The purchase of products offered on the website www.theavant.com is subject to these general terms of online sale.
THE AVANT products are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers. Consequently, the customer represents that he, she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
Furthermore, with each purchase of products on the website, the customer shall be asked to confirm the acceptance of applicable GTS on the date of placing his/her/its /her/its order. Said GTS can be viewed at the time he/she/it is asked to confirm that he/she/it accepts them. To substantiate this acceptance, the customer must check the box “I have read and hereby accept the General Terms of Sale of the theavant.com website”.
4. Terms of the Order
Any order placed on the Website shall imply express acceptance of the GTS and acceptance of the prices and Products available for sale on the website.
4.1. Order process
The customer who wants to place an order must comply with the following procedure:
• Product choice: the customer must select the product that he/she/it would like to order.
• Checking of the content of the customer’s selection: the customer checks the content of his/her/its /her/its basket whilst having the opportunity to delete the products he/she/it has selected.
• Identification: the customer must complete the identification form made available to him/her/it and provide the requested information (mandatory information: title, surname, first name or corporate name, e-mail address, password, telephone number for the delivery).
• Checking of the customer’s order: the customer checks the content of his/her/its /her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a product or modifying the invoicing or delivery address. The customer confirms his/her/its /her/its method of delivery and payment. The customer must confirm his/her/its /her/its acceptance of these GTS by checking the corresponding box. The validation of the order is only possible after having checked this box.
• Order acknowledgement of receipt: the customer receives an e-mail summing up the content of his/her/its /her/its order, namely:
– His/her/its delivery and invoicing addresses
– The number of his/her/its order
– The order number
– The date of the order
– The list of Products ordered and their amounts
– The method of delivery
The customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by THE AVANT which checks the availability of the product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
• Confirmation of shipping of the order: the customer receives an e-mail summarising the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.
4.2. Tracking of the order
A carrier tracking number the carrier is provided to the customer when his/her/its order has been confirmed.
The customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/its order until it is shipped.
5. Product availability
The offers of products and prices of THE AVANT are valid while they are visible on the website, and subject to stocks availability.
errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same product by several customers.
In the event the product is found unavailable after placing the order, THE AVANT shall inform the customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another product available on the Website as a replacement, or cancels his/her/its order at no cost.
THE AVANT reserves the right to change at any time and without prior notice the products offered on the website.
Although all efforts are made to ensure that the colour and pattern of the products whose photos are displayed on the website are faithful to the original products, variations may occur, notably due to the technical limitations of colour reproduction on the customer’s computer equipment. Consequently, THE AVANT cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the website.
THE AVANT reserves the right not to accept an order from a customer with whom it is in a dispute for a previous order, or if THE AVANT reasonably considers that this customer has infringed these GTS or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.
The prices of products are expressed in Euros, inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, THE AVANT shall not reimburse the VAT applied to purchases made on the website unless outside of the European Union
All the orders are payable in Euros and must be settled immediately upon placing the order.
In the event of unavailability of certain products ordered, only the price and shipping costs related to the available products shall be debited.
* Payment terms and conditions
By credit card (Visa, CB, Mastercard, American Express): The payment is made on the secure website of THE AVANT’s approved banking and credit institution. This means that no banking information regarding the customer transits via the www.theavant.com website. Payment by credit card is therefore completely secure (SSL). The order will then be recorded and validated on acceptance of the payment by the banking service.
7. Reservation of Ownership
The ordered products remain the property of THE AVANT until receipt of full payment of the price. However, the customer assumes the risk (namely of loss, theft or deterioration) regarding the products delivered from the time that they are delivered to the address indicated at the time of the order.
8. Terms and conditions of delivery
Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.
THE AVANT cannot be held responsible for any action and/or costs and/or taxes (which fall under the customer’s responsibility) and/or delays due to customs over which it has no control.
For all the products, the order is prepared for departure from THE AVANT’s boutique in Barcelona within a maximum period of 2 working days (subject to stock availability and except for the special case of Products sold “on presale” for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order. The average period between the placing or an order and its delivery is from 3 to 9 working days. This is an average period based on prior orders. Exceeding this period may not give rise to any cancellation of the order, reduction in the price paid by the customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on presale), the periods indicated above can be longer. However, failure to deliver within a period of 30 days from the day after the customer placed the order, the latter shall have the possibility to cancel the said order at no cost.
If the order reaches a certain volume THE AVANT may send it to the customer in several deliveries and/or several packages.
Generally, all of the parcels are shipped via UPS. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.
The customer must check the compliance of the products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged product etc.). This verification is deemed achieved as soon as the customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.
In the event of an incomplete address, incorrect address, inability to place the parcel in the customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the product to the recipient at the appointed time, THE AVANT cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, THE AVANT shall be entitled to request that the customer pay the corresponding fees for this second delivery.
The customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.
Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the customer’s home and or in a “sorting – pending” centre of the carrier and/or returned to THE AVANT who shall in no event be held responsible for any theft of, loss, or damage to the products in connection with to their delivery and, more generally, the final quality of the delivery.
In the event that it is impossible to deliver and if the product must be returned to THE AVANT by the carrier, THE AVANT will not make any new delivery.
Any claim regarding the delivery of products must be submitted in 15 working days following receipt of the product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to THE AVANT, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The customer must contact the customer service beforehand via e-mail at firstname.lastname@example.org to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to THE AVANT – customer service - C/Enric Granados 106, Barcelona, 08008, Spain.
9. Statutory warranties
THE AVANT shall refuse any complaint for products that have been used contrary to their intended use.
Any complaint regarding the products in their current form and without relation to the delivery must be submitted by e-mail to the address email@example.com.
* Statutory warranty of conformity:
THE AVANT shall deliver to the customer a product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said product, to the extent that the product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale.
* Statutory warranty against hidden defects:
THE AVANT shall ship to the customer a product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that he/she/it would not have acquired it or would have paid a lower price if he/she/it had been aware of them.
In the event of an actual hidden defect on apProduct sold by THE AVANT, the customer shall have the choice of returning the product and having the price and costs incurred by the sale returned.
In any event, it shall be up to the customer to prove that he/she/it fulfils the conditions of the guarantee properly.
The return, replacement or reimbursement of the product shall occur without costs for the customer and shall not prevent the potential damages where applicable.
10. After-sales service and availability of spare parts
Any product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the customer must directly contact the customer service via the e-mail at firstname.lastname@example.org.
11. Limitation of liability
In no event may THE AVANT be held liable for any damage which does not result from a failure by THE AVANT to honour one of its obligations.
12. Personal data
When the customer registers on the www.theavant.com website, THE AVANT collects personal information (personal data, e-mail address, gender, etc.). The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.
The order process on the www.theavant.com website requires the creation of a customer account in which his/her/its information is stored and protected by a password chosen by the customer. This information is strictly confidential and intended for THE AVANT exclusively.
The customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to THE AVANT by e-mail to the email@example.com.
13. Intellectual property
All documents, information, texts, graphs, images, photographs or any other content published on the www.theavant.com Website are the exclusive property of THE AVANT. Consequently they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the publication manager.
The customer acknowledges without reservations the intellectual property rights of THE AVANT and undertakes not to infringe them in any manner howsoever. More specifically, the customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the products, imitations or reproductions of the products or the intellectual property rights pertaining to the products and trademarks belonging to THE AVANT.