General Conditions of Sale
The website www.rosedesbois-shop.me (hereinafter, "Site") is an information and e-commerce site accessible via the Internet to all Internet users (hereinafter, "Web Surfers"). The Site has been developed and managed by Tiger Lily (hereinafter "rose desbois"), a French Limited Company with share capital of 185 000 Euros, head office located at 6, rue Meissonier - 75017 Paris - FRANCE, and registered with the Trade and Companies Registry of Paris under the number RCS PARIS B 452 373 673.
The Site enables rose desbois to offer for sale clothing and accessories made by and/or for rose desbois or by its business partners, as well as cultural products (hereinafter the "Products") for all Web Surfers who connect to the Site (hereinafter, the "User(s)"). For the purposes hereof, the User(s) and rose desbois are referred to collectively as the "Parties" and individually the "Party", and any User who confirms an order is referred to as the "Buyer". The rights and obligations of the User(s) necessarily apply to the Buyer(s). The Products are intended for personal use by the User, and not directly intended for the latter’s professional use. In this respect, we call the User’s attention to the fact that the User may order a maximum of five (5) Products with the same catalog reference in any given month. Any order for more than that maximum number cannot be accepted.
Any Product ordered via the Site presupposes having read and expressly agreed these terms and conditions of sale by clicking in the box next to the phrase "Please check this box to confirm you have read the General Conditions of Sale". In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " Please check this box to confirm you have read the General Conditions of Sale" after reading them, in the same manner as confirming the order form as described in clause 3.3 below, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.
Article 1 - Purpose
The purpose of these General Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Site. They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties. This document is the sole document applicable to the relationship between the Parties; it cancels and supercedes any other document.
Article 2 - Products & Prices
2.1 - Products
The Products offered for sale by rose desbois are those featured on the Site, on the date when the User consults the Site and insofar as the Products are available in stock. Should any Product be out of stock, the Buyer will be informed as quickly as possible.
The photographs and texts illustrating the Products are non-contractual. rose desbois cannot be held responsible for erroneous photographs or texts.
2.2 - Prices
According to the preferred language of the User, the price will be listed in three currencies: Euros (EUR), British Pound (GBP), Swiss Franc (CHF) or U.S. Dollar (USD). However, the final settlement of the order is always made in euros (EUR), the currency of France, the place of establishment of rose desbois.
They include any reductions and French VAT, applicable on the order date. All orders placed through the Site for delivery outside France may be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of an article are borne by the Buyer, who assumes the payment obligation. rose desbois is not obligated to verify and inform the Buyer of any applicable customs duties or taxes. The prices posted on the Site are guaranteed in Euros (EUR) on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission. Prices do not include shipping costs in euros (EUR), which will be charged extra and will be specified in the User during the final validation of the order.
rose desbois reserves the right, and the User accepts, to change the price in Euros (EUR) at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.
Article 3 - Orders
3.1 - On-Site Navigation
The User can view the various Products offered for sale by rose desbois on the Site. The User may navigate freely on the pages of the Site with no commitment to purchase via an order.
3.2 - Order registration
If the User wishes to place, he or she chooses the desired Products and signals his or her interest by clicking on "Add to Cart". The User may at all times: (i) obtain the list of Products selected by clicking on "View Cart", (ii) continue or change the selection of Products by clicking on "Continue Shopping", (iii) the shopping for Products and order those selected by clicking on "Process to Checkout".
If the User wishes to place, he or she chooses the desired Products and signals his or her interest by clicking on "Add to Cart". To order the selected Products, after clicking on "Continue to Checkout", the User must identify him or herself by entering his or her email address and password chosen when opening the personal account; or, if this is a first order, by clicking on "Checkout As a Guest or Register". In the latter case, the User must fill out accurately the form provided, with all information necessary to identification, mainly his or her name, first name and mailing address.
In addition, the User must provide his or her email address and a chosen password which will be treated as personal and confidential, which will be needed in the future for identification to access the Site. The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his or her identity and consent.
Once the User is identified, the delivery address must be confirmed (as laid down in clause 4 below), then an order form will appear onscreen, restating: the nature, quantity and prices of the User's chosen Products, as well as the total amount of the order, postages charges, the User's personal information and the address for delivering the Products.
Commercial Offers: if the User wishes to benefit from the commercial offer he has received, he will need to enter and confirm his « preferencial code » in the appropriate field located on the Website’s Cart page. Depending on which type of commercial offer is granted, it will appear on the Cart page if the offer deals with a present or, if the offer deals with free shipping.
3.3 - Final confirmation of the order
After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear. At this point the User proceeds to the secure payment site by clicking on the method of payment offered by the Site: "Paypal"; so that the User will confirm the order definitively.
The User must then enter the number of his or her bank debit or credit card, according to type, the date of expiration and the three-digit security code on the back of the credit card. By paying immediately via credit or bank debit card, as provided in clause 6 below, the User is automatically transferred to the electronic payment server of the secure electronic payment platform (hereinafter, the "bank").
The bank's server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. At no time are the User's banking data transmitted to the rose desbois information systems. As a consequence, rose desbois is free from any and all liability in that respect.
As soon as payment is validated, the order is placed and becomes irrevocable. The User thus becomes the Buyer. The order form will be registered in the rose desbois information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties. In accordance with clause 5 below, the Buyer is entitled to retract his or her order and to be reimbursed for a period of seven (7) business days starting from the day of reception of the Products by the Buyer.
3.4 - Confirmation of the order
A summary order receipt will appear onscreen once the order is confirmed. This serves as confirmation and restates all the information which constitutes the agreement between the two. The Buyer will then have access to his or her order by clicking on "Your account" and by filling out his or her mailing address and password.
Article 4 - Delivery
4.1 - Delivery times and shipping methods
rose desbois will do its best to ensure that the order is prepared and dispatched within an average timescale of three (3) working days from the day after the order is confirmed by the Buyer. The delivery time will five (5) to ten (10) days for orders sent by Colissimo. Depending on the order value, rose desbois uses 2 different Colissimo delivery methods: (i) "Colissimo Suivi" [Tracked Colissimo] for orders valued at 100 Euros or less. The parcel is placed in the letterbox of the recipient. If this is not large enough to contain the parcel, a form is placed in the letterbox to say that the parcel is awaiting dispatch, or (ii) "Colissimo Suivi Contre signature" [Tracked Colissimo requiring signature] for orders valued at more than 100 Euros. The signature of the recipient is required for delivery of the parcel. If the recipient is absent, a form is placed in the recipient’s letterbox to say that the parcel is awaiting dispatch. From the date given on the non-delivery notice, the recipient has 15 days in which to obtain his/her parcel from the Post Office. In both cases, the recipient can track his/her parcel on our website in the “Client area” or at www.laposte.fr/colissimo giving the parcel number which he/she will have received by e-mail when the order was confirmed.
4.2 - Countries delivered
The Products ordered by the Buyer will only be delivered to the countries authorized by the Site to the address indicated on the order form by the Buyer. Authorized territories are those available for selection in the list of countries of delivery.
4.3 - Delay / no delivery
Colissimo Suivi is a very reliable service of the French Post. However, as for any shipment, it is possible that there could be a delay in delivery or that the product is lost. If there is a delay in delivery, more than eleven (11) days for Colissimo, the Buyer must inform rose debois Customer Services. This may be done by telephone on +220.127.116.11.78.73, or by e-mail to firstname.lastname@example.org. rose desbois will send the information to the French Post Office to trigger the start of an investigation. This may take up to twenty-one (21) days from the date it was launched.
If the product is found during this time, it will immediately be redirected to the address of the Buyer (in most cases). If on the other hand the product is not found after the twenty-one (21) days of the investigation, the French Post Office will consider the parcel to be lost. If this is the case, rose desbois will send you a replacement product at its expense. If the lost product(s) are no longer available at this time, rose desbois will reimburse you for the cost of these products.
rose desbois takes no responsibility for extension to delivery times due to the carrier, particularly in cases of loss of products or strikes.
4.4 - Anomalies
It is essential that any anomaly relating to delivery (damage, non-conformity, product mentioned on the delivery form missing, damaged parcel, broken products, etc.) is noted on the delivery form as “handwritten reservations” accompanied by the signature of the Buyer. The Buyer must confirm this anomaly by sending the carrier a Special Delivery letter detailing the said claims within two (2) working days following the delivery date. The Buyer must send a copy of this letter by e-mail or by post to rose desbois.
4.5 - Returns
For any return to be accepted, prior notification must be given to rose desbois Customer Services. The Buyer must note the possible anomalies observed (damaged parcel and/or product) on the “Returns Form”. Products must be returned complete (accessories, notice, guarantee, etc.) in perfect condition, or in the condition noted on the returns form and accompanied by the documents attached to the order (delivery note and invoice).
4.6 - Reimbursement methods
Any reimbursement effected in compliance with the present General Conditions of Sale will take place by crediting the card used by the purchaser for payment (delivery charges excluded).
4.7 - Fraud prevention
In order to protect our clientele from possible fraudsters, rose desbois reserves the right to perform checks on addresses and identity for some orders. The aim of these checks is to verify the compliance between the identity of the cardholder and the identity of the Buyer and his/her billing address. rose desbois wishes to ensure that the client is truly the person placing the order and not a fraudster who has wrongfully obtained these bank details.
Article 5 - Guarantees
5.1 - Satisfied or Your Money Back
In accordance with article L 121-16 of the French Consumer Code, the Buyer has a period of seven (7) business days to return, at his or her expense, the Product(s) ordered if, for one reason or another, the Buyer is not satisfied with them. This period runs from the Product reception date. rose desbois will accept only those Products which have not been worn or washed and which are returned with their label and materials tag intact. The Products must be returned in their packaging and packing of origin to the following address: rose desbois - 6 rue Meissonier - 75017 Paris - FRANCE. The return notice, duly filled, shall be sent together with the Products. Upon fulfillment of the above conditions, rose desbois will reimburse the amounts paid by the Buyer within thirty (30) days starting from the date of reception of the package by rose desbois (date of posting by the Buyer is valid as notice to rose desbois that the Buyer has exercised the right to withdraw his or her order), except return expenses which are borne by the Buyer.
5.2 - Defective Products
If, despite the care taken by rose desbois in preparing orders, a Product has a defect, the Buyer has seven (7) days from date of delivery to return the defective product at his or her expense for exchange or reimbursement. In order to process this claim as quickly as possible, any defect must be clearly notified in the return notice sent with the Products. The stamped package, together with the return notice duly filled, shall be sent to: ROSE DESBOIS - 6 rue Meissonier - 75017 PARIS - FRANCE. Upon fulfillment of the above conditions, rose desbois will exchange the defective Product(s) or reimburse the Buyer for defective Product(s) and postage charges, within thirty (30) days from the date of reception of the package by rose desbois.
Article 6 - Payment
Article 6.1 - Immediate Payment
Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Carte Bleue, Visa, Eurocard/Mastercard. However, rose desbois reserves the right to refuse any and all orders or deliveries in the event of (i) surpassing the order thresholds indicated herein, (ii) ongoing dispute with the Buyer, (iii) Buyer's total or partial non-payment of a previous order, (iv) credit or bank card company's refusal to authorize payment, (v) non-payment or partial payment. In all these cases, rose desbois cannot be held liable in any manner.
Article 6.2 - PAYPAL
It is not necessary to have a Paypal account to opt for this mode of regulation, according to the country of the Buyer, it is quite possible to settle with a traditional credit card: Credit card, Visa, Eurocard / Mastercard or American Express.
When the Buyer chooses the mode of payment "Paypal", the bank transaction will be carried out between the Buyer's computer and PAYPAL Bank of GOOGLE Group through banking secure platform, partner of rose desbois for payment online. The transaction is fully encrypted using the S.S.L. process (Secure Socket Layer) and protected against fraud. Paypal offers the Buyer to use his Paypal account or use a credit card to pay the order. (i) In the event Buyer chooses to pay with a credit card, the procedure is similar to all other traditional banks. (ii) In the event Buyer chooses to pay with a Paypal account, the transaction is between the Buyer's Paypal account and the Paypal account of rose desbois internally to PAYPAL bank.
Article 7 - Individual Protection
7.1 - Personal Information
The personal information concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to rose desbois subsidiaries. Any missing information will entail the automatic refusal of the order.
Pursuant to the Act 78-17 dated 6 January 1978 on data processing, files and individual liberties, any personal information gathered on the Site is registered with the French CNIL (Commission Nationale de l'Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms) under numver 129 0949. As such, rose desbois agrees to comply fully with the Data Protection Act & Freedom.
The User has a right to access, modify, correct and delete information concerning him or her. To exercise this right, the User must send an email to: email@example.com.
7.2 - Cookies
Only session cookies are used on the rose desbois website.
Such cookies enable the site to keep only data of a temporary nature from the current session. Enabling cookies
Article 8 - Miscellaneous
8.1 - Liability
The sole obligation of the rose desbois Site, concerning Site access, the order process, delivery or later services, is limited to the obligation to provide the means. The Site cannot be held liable for any inconvenience or damage inherent to using the Internet, in particular discontinuation of service, intrusion by an outside party or the presence of computer viruses.
8.2 - Force majeure
In the event of total or partial non-performance by rose desbois of any one of its obligations hereunder, rose desbois shall incur no liability in connection therewith if such non-performance is due to a force majeure event, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control. The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event. Should the force majeure event interrupt services for longer than one (1) month, Rose desbois is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.
8.3 - Partial invalidity
Should one or several provisions contained in these General Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.
8.4 - Entirety of agreement
These General Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the General Conditions of Sale shall prevail.
8.5 - Applicable law – Jurisdiction
These General Conditions of Sale and the contractual relationship between rose desbois and the Buyer are governed by the laws of France. In the event of dispute, the Parties shall attempt to settle on an amicable basis prior to bringing any legal action.