Terms of sale
TERMS OF SERVICE
This website is operated by ROSE DESGRANGES. Throughout the site, we use the terms “we”, “us” and “our” in reference to ROSE DESGRANGES. This website, including all information, tools and services to which it gives access, is offered by ROSE DESGRANGES to the user that you are, provided that you accept all the terms, conditions, policies and notices stipulated here. .
Any new tools or features that are added to this store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting such updates and/or changes to our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access or use the Website after any changes are posted, you accept those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
The Site allows ROSE DESGRANGES to offer for sale products manufactured by and/or for ROSE DESGRANGES or its potential commercial partners (hereinafter referred to as the "Products") to Users browsing the ROSEDESGRANGES.com site.
It is specified that purchases of Products on the site are reserved for non-commercial natural persons over the age of 18 and having full legal capacity.
With the exception of professional customers, i.e. distributors approved by ROSE DESGRANGES, the Site does not allow the purchase of products with a view to their resale. We also reserve the right to refuse any order of an abnormal nature. Any order for a Product offered on the Site implies the User's full and complete acceptance of these General Terms and Conditions of Sale.
During the ordering process, once your method of payment has been selected, you must pay for your order, which will formally and definitively formalize the sales contract that binds you to ROSE DESGRANGES.
ARTICLE 1 – CONDITIONS OF USE OF THE ONLINE SHOP
You must not use our products for any illegal or unauthorized purpose in any way, or violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).
You must not transmit worms, viruses or any code of a destructive nature.
A breach or breach of any of the Terms will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse to serve anyone at any time and for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted and that this includes (a) transmissions over multiple networks; and (b) changes made for the purpose of conforming and adapting to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service or any access to the Service, or any contact on the website through which the Service is provided, without our authorization. expressly written.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION
We cannot be held responsible if the information offered on this site is inaccurate, incomplete or out of date. The material on this site is provided for general information only and should not be relied upon or relied upon as the sole basis for making decisions without consulting more substantial, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information it contains. You acknowledge that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices are indicated on the site in euros, all taxes included (TTC), excluding participation in processing and shipping costs and are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or to any third party for any price change, or any modification, suspension or discontinuance of the Service.
The Value Added Tax is the one in force on French territory.
They take into account the VAT and any reductions applicable on the day of the Order.
Any new taxes or contributions, in particular environmental, are likely to be passed on to the sale price of the Items.
The prices of the Products are exclusive of delivery costs (shipping, packaging and making up the package according to the amounts in force).
The amount of the shipping costs is specified on the Site before validation of the Order.
ROSE DESGRANGES reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the prices in force at the time of the validation of each Order.
The price of the Items invoiced is therefore that indicated at the time of the Order.
THE ARTICLES REMAIN THE FULL PROPERTY OF ROSE DESGRANGES UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
It is possible that certain products or services are only available online through the website. The quantities of these products or services may be limited and their return or exchange may be strictly subject to our Return Policy.
We will honor your order within the limits of our available stocks.
In the event that one of the Products ordered is not available in our stocks, we undertake to contact you by e-mail within a maximum period of 15 days from the date of your order in order to inform you and tell you how soon this product could, if necessary, be delivered to you. You can then either maintain your order or cancel it.
If your order and partial delivery are maintained, you will only be debited up to the price of the products delivered and as and when they become available.
We have made every effort to present as accurately as possible the colors and images of the products appearing on the store. However, we cannot guarantee the accuracy of the display of colors on your computer screen.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographic region or jurisdiction. We allow ourselves to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.
Only the Products appearing on the Site on the day of the order by the Customer are offered for sale.
Product offers and prices are valid, within the limits of available stocks, as long as they are visible on the site.
The photographs reproduced and illustrating the Products presented are not contractual.
ARTICLE 6a – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or telephone number provided at the time of ordering. . We reserve the right to limit or prohibit orders that we believe appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Return Policy.
ARTICLE 6b – PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
The Order is payable immediately, by bank card with Stripe via Shopify Payment (CB, Visa, MasterCard, Amex or Apple Pay) or payment account (PayPal).
The Customer is informed by e-mail, once the Order has been dispatched, that his invoice, including the delivery costs and the applicable VAT, is accessible online on the customer account.
Transactions carried out on the Site are entrusted to a secure online payment platform.
They are secured by a solution that presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.
This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.
ARTICLE 6c DELIVERY METHODS
The Customer will receive an Order number by e-mail confirming that it has been properly taken care of. The Customer will be informed of the various stages of his Order by email.
Shipments are announced by e-mail to the Customer, to the e-mail address provided by the latter on his customer account.
The Items ordered will be delivered within a maximum period of thirty (30) calendar days from the registration of the Order, subject to full payment of the price.
- For shipments in metropolitan France: shipments are made only via COLISSIMO
- For shipments in Europe or outside Europe: shipments are also made only via COLISSIMO
An order placed on a Saturday, Sunday or public holiday will only be validated and processed from the following business day.
Thanks to the shipping number, the Customer can follow the progress of his package on the website of the carrier chosen by the Customer.
The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper delivery of his Order and for perfect delivery (Access code, access specification for example).
If the Customer is absent at the time of delivery, a transit advice note informs the Customer of the terms and conditions for keeping his package and making it available, under the full and exclusive responsibility of the carrier.
If the delivery address provided by the Customer is not valid and therefore results in a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be borne by the Customer.
A delivery note is included in the package, summarizing the items ordered and actually delivered.
The Customer fully and exclusively assumes the risks relating to the Items from the time of their delivery.
ARTICLE 6d - DELIVERY TIMES
The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery.
ROSE DESGRANGES makes every effort to ship the Order within 3 working days of the Order and undertakes to ensure that delivery is made within a maximum period of 30 calendar days.
In the event of a delay in delivery of more than 7 working days in relation to the aforementioned maximum period, the Customer may contact ROSE DESGRANGES by e-mail to order it to carry out the delivery within a reasonable additional period. In the event of non-compliance with this new deadline, the customer may ask ROSE DESGRANGES by e-mail to cancel their Order.
The contract and therefore the sale will be considered terminated upon receipt by ROSE DESGRANGES of the email or letter by which the Customer informs it of its decision, unless delivery has taken place between dispatch and receipt. of the Customer's email or letter.
In the event that the Order is definitively cancelled, the Customer will obtain a refund of the price paid for his Order within 14 calendar days following the cancellation confirmed by e-mail.
In the event that the Customer receives the parcel after the cancellation of his Order, ROSE DESGRANGES will reimburse the Items and the return costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier.
If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must initiate the return procedure described in the following article within 15 calendar days after dispatch.
In the event of delivery by a carrier requiring an appointment to be made with the Customer, the carrier contacts the Customer as soon as possible to agree on a delivery appointment, 15 calendar days at the latest from the date of order validation.
ROSE DESGRANGES cannot be held liable for late delivery due exclusively to the unavailability of the Customer after several appointments have been proposed by the carrier.
If on the occasion of the same Order, the delivery dates of several Articles differ, the delivery date is based on the date furthest from the date of the order.
ARTICLE 6e - CONDITIONS OF RETURNS
In the event of the delivery of an Item that does not correspond to the Customer's Order, or of a defect linked to transport, the Customer may return the said item to ROSE DESGRANGES by following the procedure provided below and accessible on the Site.
To qualify for the refund:
The Customer has a period of fifteen (15) calendar days from receipt of their Order by contacting ROSE DESGRANGES at firstname.lastname@example.org.
This right of withdrawal is exercised without having to justify reasons or to pay penalties (when the period ends on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day) and may relate to all or part of the order.
In order to take into account his request for withdrawal, ROSE DESGRANGES will send the customer a return slip to attach to the package. This return form must be printed and inserted in the package to be returned. No return can be validated without it.
Any complaint made after this deadline cannot be accepted and ROSE DESGRANGES will be released from all liability. Return costs are the responsibility of the customer. The Customer will proceed with the return, in the original packaging of the Items, to the following address:
70 RUE OF FAUBOURG SAINT-HONORE
Any non-compliant return (without the return form, non-compliance with the aforementioned deadline) will be rejected and ROSE DESGRANGES will be released from all liability. The Customer must also ensure that the products for which he withdraws are returned complete and in perfect condition. The Customer may be held liable by ROSE DESGRANGES in the event of depreciation of the articles resulting from manipulations other than those necessary to establish the nature and characteristics of these articles.
In the event of exercise of the right of withdrawal under the aforementioned conditions, the price of the product(s) purchased and the delivery costs will be reimbursed to the Customer.
In the event of simultaneous deliveries of several products and in the event that the Customer decides to exercise his right of withdrawal for only part of the products delivered, ROSE DESGRANGES will only reimburse the delivery costs corresponding to the product(s). ) for which the Customer can exercise his right of withdrawal.
Once the verification of the returned Items has been carried out, ROSE DESGRANGES undertakes to reimburse the Customer between 48 hours and seven (7) working days and at the latest within thirty (30) calendar days following the date of receipt of the return package, on the Customer's bank account or payment account used for payment of the Items.
Beyond this period, no merchandise will be taken back, exchanged, or refunded.
ARTICLE 6f - RIGHT OF WITHDRAWAL
Under Community Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights in the context of distance sales contracts, as transposed in the Customer's country, the latter is entitled to cancel his order at any time within 14 calendar days following the date on which he received the products.
The Customer therefore has a period of 14 calendar days from receipt of his Order to exercise his right of withdrawal and this without having to justify reasons or pay penalties.
If the Customer wishes to use his right of withdrawal, he must contact ROSE DESGRANGES at email@example.com. ROSE DESGRANGES will send him a return form by email to attach to the package. The return form must be printed and inserted in the package to be returned; no return can be validated without it.
Once the return form has been printed, the Customer proceeds with the return - shipment within 7 calendar days of the date of the return form - of his non-compliant Item(s), in the original packaging of the Articles, thanks to the prepaid label, to the following address:
70 STREET OF FAUBOURG SAINT-HONORE
If the aforementioned conditions are met, ROSE DESGRANGES will reimburse the User for their order, within fifteen (15) working days of receipt by ROSE DESGRANGES of the Products.
ARTICLE 6g - EXCHANGES
Reimbursement on the website / special cases:
If the Product return conditions are met, ROSE DESGRANGES will offer a refund of the amount corresponding to the initial purchase.
ROSE DESGRANGES will reimburse the User within fifteen (15) working days of receipt by ROSE DESGRANGES of the Products.
All our products benefit from the legal warranty system, provided that the use has been normal and that the maintenance advice has been followed.
Article L211-4 of the Consumer Code:
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code:
To be in conformity with the contract, the good must:
1º be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2º or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code:
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide you with access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without any endorsement. We are not responsible for anything that may result from or be related to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your discretion and risk. In addition, it is your responsibility to find out about the conditions under which these tools are provided by the third party provider(s) concerned and to accept these conditions.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services accessible through our Service may include materials from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services from third party sources.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in competitions), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "Comments"), you grant us the right at any time and without restriction to modify, copy, publish, distribute, translate and use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments provided; or (3) respond to comments.
You agree that your comments must not in any way infringe the rights of third parties, including copyrights, trademarks, privacy, personality or any other personal or intellectual property rights. You further agree that your comments should not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third-parties as to the origin of any comments. You are fully responsible for all comments you submit and their accuracy. We are not responsible for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions, relating to descriptions, pricing, promotions, offers, shipping charges, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, even to cancel orders if any information in the Service or on any related website is inaccurate, and this, at any time without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information set forth in the Service or on any related website, including but not limited to price information, except as required by law. No specific update or refresh date applied to the Service or any related website can be defined to indicate that all of the information offered in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any local ordinance or international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or from the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibitions on use.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided "as is" and "as available" for your use, without representation , warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
ROSE DESGRANGES, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential, including but not limited to loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (even if negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using it, or any other claim related in any way to your use of the Service or any product, including including but not limited to errors or omissions in content, or any loss or damage arising from the use of the Service or any content (or product) published, transmitted or made accessible through the Service, even if you have been warned of the possibility of them occurring.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ROSE DESGRANGES and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your breach of any laws or rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service. use, without this judgment affecting the validity and applicability of the other provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
If we find or suspect, in our sole discretion, that you are breaching or have breached any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will then remain liable for all amounts owing up to and including the date of termination, as a result of which we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service or any other policies or operating rules posted by us on this site or relating to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service. . They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
ROSE DESGRANGES shall not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flood or fire.
ROSE DESGRANGES will notify the User of an event constituting force majeure, within 5 working days of its occurrence.
The Parties agree to consult together as soon as possible in order to determine the terms and conditions for processing the order for the duration of the case of force majeure.
Beyond a period of one (1) month of interruption due to force majeure, the Parties will be released from their obligations to each other. If necessary, ROSE DESGRANGES will reimburse the Buyer as soon as possible.
ARTICLE 18 – APPLICABLE LAW
These general conditions of sale and the contractual relations between ROSE DESGRANGES and the User are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction. ROSE DESGRANGES undertakes, however, to seek an amicable solution before any legal action.
All of the content of the ROSE DESGRANGES Site (illustrations, texts, labels, brands, images, videos) is the property of ROSE DESGRANGES. Any partial or total reproduction of the content by any process whatsoever and on any medium is subject to the prior and express authorization of ROSE DESGRANGES.
ROSE DESGRANGES cannot give you permission to copy, display or distribute any content for which you do not own the intellectual property rights. Any use of these contents in fraud of the rights held by third parties on them constitutes the offense of counterfeiting, severely punished by the Intellectual Property Code.
ROSE DESGRANGES cannot under any circumstances be held liable for the violation by a user of rights held by third parties and perpetrated as a result of the latter's activities on the Site.
Any dispute will fall under the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the Customer and ROSE DESGRANGES.
These T&Cs do not affect the Customer's legal rights as a consumer. For further information on their rights, they should contact their local authority or consumer advice body.
ARTICLE 19 – CHANGES MADE TO THE CONDITIONS OF USE
You can review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting such updates and/or changes to our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access or use our website and the Service after we post any changes to these Terms of Service, you accept those changes.
ARTICLE 20 – CONTACT DETAILS