Terms of service

AU BÛCHERON TERMS OF SERVICE

These Terms of Service govern your access to and use of https://aubucheron.com/ and any related pages, features, content and services made available through the website collectively referred to as the “Website.”

The Website is operated by Au bûcheron. In these Terms, “Aubucheron,” “we,” “us” and “our” refer to the operator of the Website.

PLEASE READ THESE TERMS CAREFULLY. BY VISITING, ACCESSING OR USING ANY PART OF THE WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.

1. Permitted Use

The Website is made available solely for personal, informational and non-commercial purposes. Any other use requires Aubucheron’s prior written approval.

You may not allow another person or business to use information obtained from the Website for commercial activities or for any purpose that is inconsistent with these Terms.

2. Prohibited Activities

You must not use bots, spiders, crawlers, scraping tools, data-mining systems or other automated technologies to access, collect, reproduce, download, index, store or distribute content from the Website without our written permission.

You must also not:

  • automate activities that are intended to be completed manually;

  • interfere with the operation, performance or security of the Website;

  • interrupt or restrict another person’s use of the Website;

  • overload, flood, mailbomb, crash or otherwise impair the Website;

  • bypass security controls, access restrictions or authentication measures;

  • attempt to gain access beyond the permissions granted to you;

  • embed or frame any part of the Website within another website; or

  • sell, transfer or provide access to the Website to another party without our prior written consent.

3. Ownership and Intellectual Property

Unless otherwise stated, the Website and all materials appearing on it are owned by, or licensed to, Aubucheron and its affiliates.

These materials include, without limitation, text, photographs, graphics, artwork, layouts, designs, software, product presentations, videos, trademarks, service marks, logos, trade names, copyright-protected works and other proprietary content.

Certain materials may belong to third parties that have granted Aubucheron or its affiliates permission to display or use them.

Accessing the Website does not transfer ownership of any content or grant you a licence except where expressly stated in these Terms. You may not copy, reproduce, publish, distribute, alter, translate, create derivative works from or otherwise exploit Website materials without the prior written consent of the applicable owner.

All rights not expressly granted under these Terms remain reserved by Aubucheron, its affiliates and the relevant rights holders.

4. Testimonials and Illustrative Content

Aubucheron may display customer testimonials, reviews or other statements on the Website. Testimonials and any photographs or imagery shown with them may be presented for illustrative purposes.

Individual experiences may vary, and a testimonial should not be interpreted as a guarantee that another customer will have the same experience.

5. Promotional and Discount Codes

Promotional codes are subject to the individual conditions issued with them. Aubucheron may reject, cancel or refund an order where a code has been obtained or used without permission, applied more times than allowed or otherwise used contrary to its conditions.

Unless expressly stated otherwise, promotional codes cannot be combined, exchanged for cash or applied retrospectively.

6. Limited-Time and Flash Sales

Products offered during a flash sale or other limited-time promotion are available only for the period shown on the Website and while supplies remain available.

A countdown or similar timer may begin when you visit the applicable promotional page. Adding an item to a basket does not reserve the item or guarantee that the promotional price will remain available.

7. Content Submitted by Users

Some areas of the Website may permit users to submit reviews, text, comments, photographs or other materials, referred to in these Terms as “User Content.”

You may submit only User Content that:

  • you created yourself;

  • you own; or

  • you have received all necessary permissions to use and share.

Where User Content depicts or identifies another individual, you must obtain that person’s consent before submitting it. If the individual is under the legal age of majority, consent must be obtained from their parent or legal guardian. We may ask you to provide evidence of that permission.

You may not submit User Content that is unlawful, deceptive, threatening, abusive, defamatory, obscene, discriminatory, invasive of privacy, infringing or otherwise contrary to these Terms.

Whenever you submit User Content, you confirm that:

  1. you own or control all rights required to submit and distribute it;

  2. its use on the Website will not violate copyright, trademark, privacy, publicity or any other third-party right; and

  3. it complies with all applicable laws and regulations.

8. Unrequested Ideas and Proposals

Aubucheron does not invite or accept unsolicited concepts, proposals or creative ideas relating to products, services, advertising, marketing, promotions, merchandising or business practices.

We may already be considering or developing something that is the same as, or similar to, an idea submitted to us. This policy is intended to avoid uncertainty or disputes concerning ownership.

Should you choose to send an unsolicited idea despite this policy, it will not be treated as confidential. Aubucheron will have no express or implied duty to review it, respond to it, compensate you for it or keep it confidential.

To the maximum extent allowed by law, you irrevocably assign to Aubucheron all current and future rights in the submitted idea throughout the world.

Where such an assignment cannot legally be enforced, you instead grant Aubucheron an irrevocable, perpetual, worldwide, transferable and royalty-free licence to use, reproduce, adapt, publish, commercialise and otherwise exploit the idea through any present or future medium without compensation.

9. Third-Party and User Materials

Aubucheron is not responsible for materials submitted, published or made available by users or other third parties. This includes any mistakes, omissions, inaccuracies or losses arising from reliance on those materials.

We are not required to review User Content before it appears on the Website. However, Aubucheron and its authorised representatives may, at their discretion and without assuming an obligation to do so, monitor, restrict, reject, edit or remove content.

We may take such action where content breaches these Terms, infringes another person’s rights or is otherwise considered inappropriate or objectionable.

The publication of third-party content does not mean that Aubucheron supports, verifies or guarantees its accuracy, reliability, completeness or truthfulness. Views expressed by users or third parties are their own.

By using the Website, you understand that you may encounter content that is inaccurate, misleading, offensive, harmful, incorrectly identified or otherwise unsuitable.

10. External Websites

The Website may contain links to websites, platforms or services that are owned and operated by third parties. Third-party websites may also contain links to Aubucheron.

A link is provided for convenience and does not necessarily indicate approval, sponsorship or endorsement.

Aubucheron does not control and is not responsible for the availability, content, security, operation, terms, privacy practices or conduct of third-party websites.

Before using an external website, you should review its applicable terms, policies and privacy notices.

11. Products, Descriptions and Availability

The display of a product or service on the Website does not guarantee that it is currently available or will remain available.

Although we aim to present product information accurately, descriptions, measurements, specifications, materials, availability and other attributes may occasionally be incomplete, inaccurate or subject to change.

Images are provided as visual representations. Colours, textures, finishes and details may appear differently depending on photography, lighting, screen calibration, device type and display settings. We cannot guarantee that your device will reproduce a product’s appearance exactly.

Statements made by customers, manufacturers, distributors, suppliers or other third parties are not necessarily verified or endorsed by Aubucheron.

We may revise prices, descriptions, availability and product details at any time without prior notice.

12. Pricing Errors and Order Acceptance

If a product is shown with an incorrect price or incorrect information due to a typographical, technical, pricing or data-entry error, Aubucheron may refuse or cancel the affected order.

This right applies even where:

  • an order confirmation has been issued;

  • the order has been processed; or

  • your payment method has been charged.

An automated acknowledgement or order-confirmation email confirms only that we have received your order. It does not constitute final acceptance of the order or a binding commitment to supply the product.

Before accepting or dispatching an order, we may request further information or conduct additional verification.

We may reject, limit or amend an order. Where reasonably possible, we will notify you using the email address or contact information supplied during checkout.

If we cancel all or part of an order after collecting payment, the amount charged for the cancelled portion will be refunded.

Your purchase and use of the Website are also subject to our Refund and Return Policy.

13. Shipping, Ownership and Risk

For products shipped through the Website, title and risk of loss transfer to you when the products are delivered to the carrier, to the extent permitted by applicable law.

You are responsible for submitting any applicable claim to the carrier for a shipment that is lost or damaged in transit. Nothing in this section limits rights that cannot legally be excluded under applicable consumer-protection law.

14. Lawful Purchase and Use

By ordering a product, you confirm that it is lawful for you to purchase, receive, possess and use that product in the place where it will be delivered or used.

You agree to use all products only for lawful purposes and in compliance with applicable laws, regulations and intellectual-property requirements.

15. Website Disclaimer

Aubucheron makes reasonable efforts to maintain accurate and current information. However, except for any express warranties specifically provided on the Website, we do not guarantee that Website information is complete, current, reliable or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ACCESSIBLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

AUBUCHERON DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT GUARANTEE THAT:

  • THE WEBSITE WILL ALWAYS BE AVAILABLE, SECURE OR UNINTERRUPTED;

  • THE WEBSITE OR ITS CONTENT WILL BE FREE FROM ERRORS;

  • DEFECTS WILL BE CORRECTED;

  • INFORMATION WILL ALWAYS BE ACCURATE OR COMPLETE; OR

  • THE WEBSITE, ITS SERVERS OR FILES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUBUCHERON WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT.

UNDER NO CIRCUMSTANCES WILL AUBUCHERON BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR:

  • LOST PROFITS;

  • LOST REVENUE;

  • LOSS OF DATA;

  • LOSS OF BUSINESS OR OPPORTUNITY;

  • COSTS OF COVER;

  • EXEMPLARY OR PUNITIVE DAMAGES;

  • PERSONAL INJURY OR WRONGFUL DEATH;

  • SPECIAL DAMAGES;

  • INCIDENTAL DAMAGES;

  • INDIRECT DAMAGES; OR

  • CONSEQUENTIAL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUBUCHERON’S LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE AMOUNT YOU PAID TO AUBUCHERON FOR THE RELEVANT PRODUCTS OR SERVICES.

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER EITHER PARTY WAS INFORMED THAT SUCH LOSS OR DAMAGE WAS POSSIBLE.

Nothing in these Terms excludes or restricts liability where doing so would be prohibited by applicable law.

17. California Release

If you are a resident of California, you waive California Civil Code Section 1542 in connection with the releases contained in these Terms.

Section 1542 provides:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

18. Changes to the Website and These Terms

Information, features and materials on the Website may be corrected, updated, replaced or removed without prior notice.

Aubucheron may also revise these Terms by publishing an updated version on the Website. You are responsible for reviewing this page periodically.

Continuing to access or use the Website after revised Terms are published means that you accept the updated Terms.

19. Indemnification

You agree to indemnify, defend and hold harmless Aubucheron and its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against claims, demands, proceedings, liabilities, losses, costs and expenses, including reasonable attorneys’ fees and legal costs, arising from or connected with:

  • your breach of these Terms;

  • your misuse of the Website;

  • your User Content; or

  • your violation of applicable law or the rights of another party.

20. Severability

If a court with proper jurisdiction determines that any provision of these Terms is invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to fulfil its intended purpose within the limits of applicable law.

If modification is not possible, the affected provision will be treated as severed. The validity and enforceability of the remaining provisions will not be affected.

21. No Waiver and Cumulative Remedies

Aubucheron’s failure or delay in exercising a right or remedy does not waive that right or remedy.

A waiver relating to one breach will not be interpreted as a waiver of a later breach or of any other provision.

All rights and remedies available to Aubucheron under these Terms and any other applicable agreement are cumulative. Exercising one right or remedy does not prevent Aubucheron from exercising another.

22. Governing Law

These Terms and Conditions are governed by the laws of the State of Delaware, without regard to principles concerning conflicts of law.

23. Dispute Resolution and Binding Arbitration

We will make reasonable efforts to resolve disagreements directly. If a dispute cannot be resolved informally, all claims, disputes and controversies involving Aubucheron that arise from or relate to these Terms or the purchase of products or services, referred to as “Claims,” must be resolved through fixed and binding arbitration.

This arbitration requirement does not apply to a matter that qualifies to be brought in small claims court.

The requirement applies regardless of the legal theory or remedy involved, including Claims concerning:

  • contract;

  • tort or intentional tort;

  • fraud;

  • agency;

  • negligence by you or Aubucheron;

  • statutory or regulatory provisions;

  • damages;

  • injunctive relief; or

  • declaratory relief.

It also applies to counterclaims, cross-claims, third-party claims, interpleader claims and Claims brought independently or together with other claims.

The party beginning arbitration must submit the Claim to the American Arbitration Association and comply with its applicable rules and procedures.

Any hearing you attend will take place at a location selected by the American Arbitration Association in the same city as the United States District Court nearest to your current residential address, unless you and Aubucheron agree in writing to another location.

The arbitrator will apply New York law consistently with the Federal Arbitration Act.

Claims may not be joined or consolidated with claims involving other users. No Claim may be arbitrated in a representative, class-member or private-attorney-general capacity.

Information about arbitration rules, forms and filing procedures may be obtained from:

American Arbitration Association
Telephone: 800-778-7879 (toll-free)
Website: www.adr.org

24. Arbitration Procedure

A single neutral arbitrator will decide each Claim.

The arbitration will follow the American Arbitration Association rules and procedures in effect when the arbitration is filed. If those rules conflict with these Terms, these Terms will control to the extent permitted by law.

The applicable rules may limit the discovery available to either party.

At the request of either party, the arbitrator will take reasonable measures to protect confidential information, including customer account information.

Each party is responsible for its own attorneys, experts, witnesses and other costs, regardless of the outcome. The arbitrator may award some or all such expenses to another party where permitted by applicable law.

The arbitrator’s decision will be final and binding unless either party submits a written appeal to the arbitration organisation within fifteen days after receiving notice of the award.

An appeal must request a new arbitration before a panel of three neutral arbitrators appointed by the American Arbitration Association. The panel’s award will become final and binding after fifteen days.

Any Claim must be commenced within one year from the date on which it arose.

You and Aubucheron knowingly and voluntarily waive any right to have a Claim decided by a jury.

Aubucheron will not elect arbitration for a Claim that you properly bring in small claims court. However, if the Claim is transferred, removed or appealed to another court, Aubucheron may elect arbitration.

If the named arbitration organisation cannot or will not enforce this provision, the parties will mutually select another arbitration organisation capable of enforcing it.

25. Limited Warranty

Aubucheron provides a 12-month limited warranty against defects in materials and workmanship that arise during normal use.

To request warranty service, you must provide the original purchase receipt or other acceptable proof of purchase.

The warranty applies only to products purchased from:

  • the official Aubucheron website; or

  • an authorised Aubucheron retailer.

The warranty does not cover damage or deterioration resulting from:

  • misuse;

  • improper handling or care;

  • accidents;

  • ordinary wear and tear;

  • unauthorised repairs;

  • alterations; or

  • modifications.

Where an eligible product cannot be repaired and is no longer available for replacement, Aubucheron or the relevant authorised retailer will refund the original purchase price to the original payment method.

To request assistance, contact our customer support team and provide proof of purchase, photographs where appropriate and a description of the issue.

26. Class Action and Representative Proceeding Waiver

YOU AGREE THAT YOU AND AUBUCHERON EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING.

CLAIMS AND REMEDIES PURSUED AS PART OF A CLASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION MAY BE ARBITRATED ONLY ON AN INDIVIDUAL, NON-CLASS AND NON-REPRESENTATIVE BASIS.

THE ARBITRATOR MAY GRANT RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING THAT RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.