You wish to place an order on the delarosee.fr website (hereinafter the “Site”). We invite you to consult the General Terms and Conditions of Sale that you agree to accept when validating your order.
SECTION 1 | PREAMBLE
The terms and conditions of sale on the website www.delarosee.fr (hereinafter referred to as the "Site") from which the products belonging to DE LA ROSÉE SARL (hereinafter referred to as the "Company") are marketed, as well as the rights and obligations of the parties arising from online sales.
These General Terms and Conditions of Sale are concluded between a natural or legal person wishing to make a purchase for their strictly personal use, via the Site (hereinafter referred to as the “Customer”) and DE LA ROSÉE SARL, whose full contact details are as follows :
DE LA ROSÉE SARL
6 rue de Bel-Air
85 600 Montaigu-Vendée
RCS La Roche sur Yon : 888 340 395
Email : firstname.lastname@example.org
1.2 Validity of the order
The consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require a handwritten signature, insofar as the consumer orders the products presented therein online. The consumer declares to have the full legal capacity allowing him to engage under the present general conditions of sale.
1.3 Application of the general conditions of sale
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility, these said conditions being liable to be modified by the Company. In this case, the applicable conditions will be those in force on the site during the validation of the order by the consumer.
1.4 Contractual information
The online store set up by the Company as part of its website mentions the following information
- legal notice allowing precise identification of the Company
- presentation of the essential characteristics of the goods offered
- indication, in Euros (including tax) of the price of the goods and, if applicable, participation in shipping and packaging costs
- indication of the terms of payment and delivery
- the existence of a right of withdrawal
- the period of validity of the offer
All of the information on the Site is presented in French and English.
1.5 Validity of the electronic signature
In accordance with the law of March 13, 2000 on electronic signature, any purchase order signed by the consumer by "double click of validation" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions of sale. sale.
The "double click" associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties.
1.6 Proof of transaction
The computerized registers, kept in the computer systems of the Company or of the payment solution used under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
SECTION 2 | PRODUCTS
The Company presents on its website the products for sale as well as their descriptions making it possible to comply with article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking the final order the essential characteristics products he wants to buy.
2.2 Price / VAT
The prices of the site are indicated in Euros all taxes included (TTC). They are applicable during the validation of the order by the consumer for a delivery in a territory of the European Union and do not include the participation in the shipping costs, invoiced in addition, and indicated before the final validation of the order form. .
The prices are subject to French VAT and any change in the legal rate of this VAT will be implicitly passed on to the price of the products presented on the Site, on the date stipulated by the decree of application referring thereto.
2.3 Validity of product offers
The offers presented by the Site are only valid within the limits of available stocks. The Company reserves the right to modify the assortment of products, their availability times and their prices.
2.4 Compliance of product offers
The products offered comply with the French legislation in force and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the Company cannot be held liable in the event of an error or omission in one of these photographs, texts or graphics, information or characteristics of the products.
SECTION 3 | ORDER
3.1 Confirmation of the order
The contractual information will be confirmed by email.
3.2 Non-execution of the order
The Company cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption, total or partial strike, in particular of the postal services and means of transport and/or communications. , flood, fire.
In the event of unavailability of the product ordered, the consumer will be informed as soon as possible and will have the possibility of modifying or canceling his order. The consumer will then have the choice of requesting either a refund of the sums collected (intervening within 30 days at the latest following the date of cancellation of the order), or, where applicable, a product exchange, in agreement with the Company. If the new order is for a higher amount, the consumer must pay the balance. Conversely, if the amount of the exchange is less than the initial amount, the consumer will receive a refund of the difference.
In case of impossibility of exchange, the Company reserves the right to cancel the consumer's order and to reimburse the sums collected.
3.3 Obligations of the reseller
The Company undertakes to inform the consumer of any change in his order relating to the time, price, characteristics, in order to leave it to the latter to decide to modify his order accordingly.
3.4 Warnings / advices
The Company recommends that the consumer keep a trace of the data relating to his order on paper or on a reliable computer medium until the final resolution of his order.
SECTION 4 | PAYMENT
The payment of the order will be made exclusively by bank card during the final validation of the order form via a secure solution. No credit card number is kept in the Company's files.
The Company reserves the right to suspend any management of order or any delivery in the event of refusal of authorization of payment on behalf of the financial organizations.
The Company has implemented an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. However, the consumer remains advised that the Company cannot be held responsible for any embezzlement or fraudulent use of any means of payment that would not have been detected by the verification procedure.
SECTION 5 | DELIVERY
Deliveries are made only:
- in metropolitan France + Corsica
- in one of the countries belonging to the European Union, i.e., to date: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain (excluding the Canary Islands, Ceuta y Melilla), Estonia, Finland, Greece, Hungary , Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom (excluding Channel Islands), Slovakia, Slovenia, Sweden.
The DOM-TOM and countries not belonging to the European Union are not delivered.
The products will be delivered by the following service providers:
- Colissimo Suivi for home deliveries in Metropolitan France and Corsica
- Colissimo Europe, Chronopost International or UPS for deliveries to countries belonging to the European Union
The Company reminds the consumer that he is required to ensure that he has mentioned all the information useful for the delivery of his order and in particular the compulsory telephone number at which he can be reached.
The latter cannot be held responsible for any input errors and the consequences that would result from them, such as a delay and/or a delivery error. In this context, all costs incurred for the reshipment of the order will be entirely borne by the consumer.
Any open and/or damaged package, accepted or not on delivery, must be accompanied by "handwritten reserves". These must be notified on the delivery note by the consumer, who must also inform the service provider and the Company by mail within two (2) working days of delivery.
Warnings / advices
Only the damage and anomalies mentioned in the reservations made by the consumer will be taken into account in the resolution of the dispute by the transport provider.
The Company reminds that in the event of a delivery problem, the consumer must imperatively keep all the elements received as they are (packaging and over-packaging included) until the complete resolution of their file.
Any breach of the rules defined above may result in the transport provider refusing to take charge of the dispute.
We advise you to carefully check your delivery address when summarizing the order. In the event of an error in the delivery address, the shipping costs for a new shipment will be borne by the consumer.
All orders are processed by the Company's Internet Customer Service and dispatched from Monday to Friday inclusive, except on public holidays.
Shipping times are on average 2 to 3 working days. They can be extended during periods of high activity or in the event of exceptional closure. The delivery time will be a maximum of 30 days. Beyond that, the customer is entitled to claim reimbursement within 14 days of the claim.
It is expressly agreed that the buyer becomes responsible for the products upon delivery, the transfer of possession being worth transfer of risk.
SECTION 6 | RECEPTION6.1 Terms
The consumer must formulate with the Company, within two working days following the date of receipt of the package, any complaint of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications appearing on the voucher. control. Any complaint made beyond this period will be rejected without the possibility of recourse for the consumer and will release the Company from any liability vis-à-vis the consumer.
6.2 Delivery errors
In the context of a delivery that is not intended for him, the consumer is required to keep the package(s) as they are and to inform the Company's Customer Service according to the terms and conditions (see "Contact us").
6.3 Non-conforming products
In the event of a non-compliant product, the consumer may make this complaint according to the terms and conditions, with the Company's Customer Service (see "Contact us").
The Company will make every effort to regularize the problem encountered by the consumer as soon as possible. In these specific cases and insofar as the error emanates from its services, the Company will pay for the return of this (these) product(s) by the mode of transport of its choice.
Warnings / advices
The consumer is informed that certain documents related to the parcel(s) may be claimed from him and must therefore remain in possession of all the elements received (including packaging) until his complaint has been completely resolved.
SECTION 7 | RIGHT TO RETRACT7.1 General
The Company grants the consumer a withdrawal period of fourteen (14) days to return the products that do not suit him. This period runs from the date of delivery of the product to the consumer. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs which remain the responsibility of the consumer (except proven error on the part of www.delarosee.fr).
The procedure described in “Article 8: Returns” applies for the return of the goods.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums collected, or an exchange of an amount equivalent to the sums paid or, if necessary, with a bank supplement.
In the event of exercise of the right of withdrawal, the Company will make every effort to reimburse the consumer within 15 days of receipt of the return. The consumer will then be reimbursed by a re-credit system (secure transaction) in the event of payment by credit card.
SECTION 8 | RETURNS8.1 Terms
All returns must first be reported to the Company's Customer Service (see "Contact Us"), which will provide a return number.
All products must be returned to The Company in new condition and suitable for resale. Any product that has been damaged, that is incomplete, or whose original packaging is damaged or missing, will not be taken back.
In all cases, the return remains at the expense and risk of the consumer.
Any return must be sent to the Company within fourteen (14) working days following the return agreement and delivered in its entirety in its original packaging and in perfect condition, to the Company's address.
The granted return number must appear visibly on the return packaging and the return form must be printed and slipped inside the package.
No cash on delivery will be accepted, whatever the reason.
Failure to comply with the procedures mentioned above, no claim for non-compliance or apparent defect of the products delivered can be accepted.
SECTION 9 | RESIDENTS OUTSIDE METROPOLITAN FRANCE
9.1 Intra-Community VAT
All residents of the European Union will be charged the amount of French VAT when validating their order.
Internet sales being reserved for private consumers, the latter must pay the prices indicated, all taxes included (TTC) on the website www.delarosee.fr.
The consumer must mention when ordering, a billing address located in a state or country that is part of the European Union.
9.3 Special cases
In the context of the relocation of an order or a product to a country other than metropolitan France, the Company reminds the consumer that he remains the importer of the product(s) concerned. Any customs duties, other local taxes, import duties, or state taxes that may be payable will not be the responsibility of the Company. It is up to the consumer to check with the local authorities the possibilities of importing or using the products or services that he plans to transport with regard to the legislation of the country concerned.
SECTION 10 | LEGAL NOTICES & LEGAL CLAUSES10.1 Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
- the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning
- the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Hypertext links may refer to sites other than www.delarosee.fr. The Company disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
10.3 Intellectual Property - Rights of use
All the models presented on the site are reserved under copyright as well as under Intellectual Property. The use of the Company's products is granted to the consumer on a private basis. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization from The Company. Any total or partial reproduction of the catalog is strictly prohibited.
10.4 Data processing and freedoms
The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders as well as the establishment of invoices. The lack of information leads to the non-validation of the order.
In accordance with the French law "Informatique et Libertés" n°78-17 of January 6, 1978, the consumer has a right to access and rectify data concerning him and can exercise this right by sending a letter to the Company.
10.5 Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
10.6 Applicable law
These general conditions are subject to French law. Jurisdiction in the event of a dispute and in the absence of an amicable agreement between the parties, is given to the competent courts of La Roche sur Yvon. In the event of a dispute or complaint, the consumer will first contact the Company to obtain an amicable solution.
To contact us :
by E-mail : email@example.com
by mail :DE LA ROSEE
6, rue de Bel-Air
85 600 Montaigu Vendée
Please quote your order number in all correspondence.