TERMS & SALES CONDITIONS
These terms and conditions ("Terms") apply to all purchases made by a visitor / natural person ( "CLIENT") on the website https://www.roseetmarius.com ("SITE") with Rose et Marius, LLC registered in the commercial register and Aix-en-Provence companies under number 788 996 163 whom registered office 41 A chemin du rivage 13620 Carry Le Rouet, France - email: firstname.lastname@example.org ( "SELLER").
Any order placed on the website necessarily imply unreserved acceptance of the CLIENT of these terms of sale.
Article 1. DEFINITION
The terms used below have, in these Conditions, the following meanings:
"CLIENT" means the party contracting with the SELLER, which guarantees that the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that CLIENT is outside any usual or business.
"DELIVERY" means the first presentation of talks CLIENT PRODUCTS ordered to the delivery address specified in the order.
"PRODUCTS" means all products available on the site.
"TERRITORY" means the Metropolitan FRANCE, including Corsica (excluding DOM / TOM).
Article 2. OBJECT
The present Terms govern the sale by the SELLER to its CLIENTS.
The CLIENT is clearly informed and acknowledges that the website is aimed at consumers and professionals should contact the commercial department of the SELLER to benefit from separate contractual conditions
Article 3. ACCEPTANCE OF TERMS
The CLIENT agrees to carefully read these Terms and Conditions and accept them before proceeding to the payment of an order placed on the SITE PRODUCTS.
These General Terms are referenced at the bottom of each page of the site via a link and must be consulted before ordering. The Customer is advised to read, download, print the Terms and keep a copy.
The SELLER advises the CUSTOMER read the Terms and Conditions for each new order, the latest version of these Terms will apply to all new orders of PRODUCTS.
By clicking on the first button to place the order and then the second to confirm the said order, the Customer acknowledges having read, understood and accepted the Terms and Conditions without limitation or qualification.
Article 4. OPENING AN ACCOUNT - PURCHASE PRODUCTS ON THE WEBSITE
To purchase a PRODUCT, the CUSTOMER should be at least 18 years old and have the legal capacity to purchase, or if he is a minor, he has to be able to justify the approval of his legal representatives.
The CLIENT will be invited to provide information to identify by completing the form available on the site. The asterisk (*) indicates required fields that must be completed for the control of CLIENT is treated by the SELLER. The Customer can check the status on the site of his order. Monitoring DELIVERIES may, where appropriate, be made using tracking tools online some carriers. The Customer may also contact the sales department of the SELLER at any time by email at email@example.com to obtain information about the status of his order.
The information that CUSTOMER provides to the SELLER with an order must be complete, accurate and current. The SELLER reserves the right to require the CLIENT to confirm, by any appropriate means, their identity, eligibility and disclosure.
Article 5. ORDERING
Article 5.1 Feature products
The SELLER endeavors to present as clearly as possible the main features PRODUCTS (on the information sheets available on the site) and required that the CUSTOMER must receive under the applicable law (in these Terms and Conditions) information.
The CLIENT agrees to read this information carefully before placing an order on the site.
The SELLER reserves the right to modify the selection of Products available on the site, including the constraints related to its suppliers.
Unless expressly stated on the WEBSITE all PRODUCTS sold by the SELLER are new and comply with European legislation and standards applicable in France.
Article 5.2. How to order
PRODUCTS orders are placed directly on the WEBSITE. To place an order, the Customer must follow the steps below (please note, however, that depending on the start page of the CLIENT, the steps may differ slightly).
5.2.1. PRODUCTS selection and purchase options
CUSTOMER must select (s) PRODUCT (s) of your choice by clicking on the (s) PRODUCT (s) in question (s) and choosing the characteristics and quantities desired. After selecting the PRODUCT, the PRODUCT is placed in the basket of the CLIENT. The latter can then be added to the basket as much as he wants PRODUCTS.
Once selected and placed in the basket PRODUCTS, the CUSTOMER should click on the cart and ensure that the content of the order is correct. If the Customer has not yet done so, it will then be asked to identify themselves or to register.
Once the Customer has approved the contents of the basket and it will be recognized / registered, will appear to his attention an online form to be filled out automatically capitulating price, applicable taxes and, where appropriate, the costs of shipping.
The Customer should check the contents of the order (including the amount, characteristics and references PRODUCTS ordered, billing address, payment method and price) before validating its content.
The Customer can then proceed to payment PRODUCTS following the instructions on the site and provide all information necessary for billing and delivery of products
About PRODUCTS for which options are available, these specific references appear when the right options have been selected.
Orders placed must include all the information needed to process the order.
The Customer must also specify the delivery method chosen.
Once all the steps above are completed, a page appears on the website to acknowledge receipt of the CLIENT’s order. A copy of the acknowledgment of the order is automatically sent to the CLIENT by e-mail, provided that the email address provided through the registration form is correct
The SELLER does not send order confirmation by mail or fax.
During the ordering process, the CLIENT shall enter information necessary for billing (the sign (*) indicates required fields to be completed for the command to be processed by the CLIENT COMPANY).
The CLIENT must state clearly all information relating to ships, especially the exact address of ships, as well as any access code.
CUSTOMER must then specify the method of payment.
Neither the purchase order that the Customer establishes online or acknowledgment of the command sent to the SELLER CLIENT email does not constitute an invoice. Whatever the mode of payment used or order, the Customer will receive the original invoice DELIVERY PRODUCTS, inside the package.
5.3. Order Date
The order date is the date on which the SELLER acknowledges online ordering. Delays specified on the SITE do not begin to run until that date.
For all PRODUCTS the CLIENT found on the WEBSITE, prices in Euros including all taxes and delivery charges apply (depending on package weight, excluding packaging and gifts, ships and address of the carrier or selected mode of transport).
Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the Products after the date of entry into force of the new rate.
The VAT rate is expressed as a percentage of the value of PRODUCT sold.
Supplier prices SELLER are subject to change. Consequently, the prices listed on the WEBSITE may change. They can also be modified in case of special offers or sales.
The prices are valid except mistake. The applicable price is that indicated on the WEBSITE on the date on which the order is placed by the CLIENT.
5.5. Availability of Products
Depending PRODUCT concerned, the SELLER applies inventory management to "lean." Therefore, as appropriate, the availability of stocks depends PRODUCTS SELLER.
The SELLER undertakes to fulfill the received orders subject to the PRODUCTS are available or to substitute a similar product.
The unavailability of a PRODUCT is normally indicated on the page PRODUCT concerned.
CUSTOMERS may also be informed of a restocking PRODUCT by the SELLER.
In any event, if the unavailability was not specified at the time of the order, the SELLER agrees to notify the Customer immediately if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
propose to send all PRODUCTS same time when the PRODUCTS out of stock will be available again,
make a partial shipment with PRODUCTS available at first, and then shipping the remainder of the order when the other Products are available, subject to clear information about additional shipping charges which may be incurred, either PRODUCT propose an alternative of equivalent quality and price accepted by the CLIENT.
If the Customer decides to cancel unavailable PRODUCTS on his order, it will be refunded all monies paid for the unavailable PRODUCTS, without delay and no later than thirty (30) days of payment.
5.6. Type of products
Rose All products are handcrafted and Marius CUSTOMER automatically accept the differences and characteristics of manual work considering this handmade production. The Rose and Marius products are limited edition, the SELLER gives the opportunity to replace it with a similar model without prior notice to the CLIENT.
Article 6. Right of withdrawal
The terms of the right of withdrawal is included in the "Cancellation policy", policy found in Appendix 1 and accessible at the bottom of each page of the site via a hyperlink. In case of withdrawal from the CLIENT, the seller will refund the full amount paid (excluding shipping costs) without undue delay. The seller will refund using a check, refunds will not incur any fees for the client.
Article 7. PAYMENT
The Customer may pay PRODUCTS on line following the methods proposed by the WEBSITE. The Customer warrants that the SELLER has all the required permissions to use the payment method selected. The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment on the SITE.
It is for this reason indicated that all payment information provided on the site is sent to the bank site and are not treated on site.
7.2. Payment Date
In case of single payment by credit card, the account will be debited from the CLIENT command PRODUCTS placed on the WEBSITE. In case of partial ships, the total amount will be debited from the account of the CLIENT at the earliest when the first package will be shipped. If the Customer decides to cancel the order unavailable PRODUCTS, the refund will be in the last paragraph of section 5.5 of these Terms and Conditions.
7.3. Delay or refusal to pay
If the bank refuses to debit card or other payment, the Customer must contact the Customer Service by email: firstname.lastname@example.org to pay the order by any other valid means of payment. Assuming that, for any reason, opposition, refusal or other transmission of the flow of money due by the Customer is not feasible, the order will be canceled automatically and the sale canceled.
Article 8. Proof and Archiving
Any contract with the CLIENT corresponding to an order amounting more than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information to monitor the transactions and produce a copy of the contract at the request of CLIENT.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER is the owner of the Products delivered until full payment by the CLIENT.
The above provisions shall not preclude the transfer to CLIENT at the time of receipt by him or by a third party designated by him other than the carrier, the risk of loss or damage to the Products subject to the reservation property, as well as the risk of damage they can cause.
Article 10. Delivery
Modalities of PRODUCTS DELIVERY are provided in the "shipping policy" referred to in Annex 2 and accessible at the bottom of each page of the site via a hyperlink.
Article 11. Packaging
The Products will be packaged in accordance with the standards of existing transportation, to ensure maximum protection for the ships during PRODUCTS. CUSTOMERS are committed to the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Policy of withdrawal.
Article 12. Guarantees
12.1. Ensuring compliance
The SELLER shall deliver a consistent PRODUCT ie specific to the intended use and corresponding to the description given on the website. We recall that the photos used on the website are not contractual.
The SELLER is likely to meet existing compliance defects at issue and the lack of conformity resulting from the packaging when it was put to him or carried out under its responsibility. The action resulting from lack of conformity within two (2) years from the SUPPLY PRODUCT.
In case of non-compliance, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of choosing the CUSTOMER is manifestly disproportionate to the other option, but given the value of the PRODUCT or the size of the defect, the SELLER may make repayment without following the option chosen by the CLIENT.
In the event that a replacement or repair is not possible, the SELLER agrees to notify the registered letter with acknowledgment of receipt within 7 days of receipt of the product Rose Society and Marius by letter and refund the price of the PRODUCT within 30 days PRODUCT receipt of the returned and the reference exchange PRODUCT by the CLIENT to the following address: Rose et Marius, 41A chemin du rivage 13620 Carry le Rouet - France
12.2. Implied warranty
The SELLER shall guarantee in respect of hidden PRODUCT sold which render it unfit for the use for which it is intended, or that decrease this use the CLIENT would not have acquired, or would have given defects a lower price if he had known.
This guarantee allows the CLIENT who can prove the existence of a latent defect to choose between paying the price of the PRODUCT has returned and repayment of a portion of the prize, if the PRODUCT is not returned.
In the event that a replacement or repair is not possible, the SELLER agrees to refund the price of the PRODUCT within 30 days of receipt and returned in exchange for the PRODUCT PRODUCT return by the CLIENT to the following address ROSE et MARIUS 8 rue Papassaudi 13100 Aix en Provence.
The action resulting from latent defects must be brought by the Customer within two (2) years after discovery of the defect.
Article 13. Responsibility
The responsibility of the SELLER shall in no event be held liable for failure to perform or improper performance of contractual obligations due to the CLIENT, especially when entering the order.
The SELLER shall not be held liable or deemed to have breached these for any delay or failure, when the cause of the delay or failure was due to a case of force majeure as defined by case law courses and french Courts.
It is also clarified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for information published therein. Links to third party websites are provided for information only and no warranty is given as to their content.
Article 14. Personal data
On the WEBSITE, the SELLER collect personal data about its customers, including through cookies. The CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to treat spent on the SITE orders, manage on behalf of CLIENT, analyze orders and if the CLIENT has chosen this option, send letters commercial prospecting, newsletters, promotional and / or information about special sales offers, unless the Customer no longer wishes to receive such communications from the SELLER.
CLIENT data are kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account by clicking on the hyperlink for this purpose it down every offer received by email.
Data can be transmitted in whole or part, to service the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer its business partners the names and addresses of its CUSTOMERS, provided that they have given their prior consent when registering on the website.
The SELLER will specifically instruct CLIENTS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time on the website or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial offers its partners.
According to the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms, the Customer has a right of access, rectification, opposition (for legitimate reasons) and delete of personal data. It may exercise this right by sending an e-mail to: email@example.com.
It is stated that the CLIENT must provide proof of identity, or by scanning an ID or by sending a copy of the SELLER its identification.
Article 15. Complaints
The SELLER shall provide the CUSTOMER an email: firstname.lastname@example.org
Any written complaint CLIENT must be sent by email : email@example.com
Article 16. Intellectual Property
All visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the site must seek permission from the SELLER in writing.
This authorization SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the site who use techniques such as framing (framing) or by inserting hyperlinks (in-line linking) is strictly prohibited.
Article 17. Validity of Terms
Any changes in the law or regulations, or any decisions of a court of competent jurisdiction to invalidate one or more provisions of these Terms shall not affect the validity of these Terms and Conditions.
Any amendment or decision does not allow CUSTOMERS to ignore these Terms and Conditions.
All conditions not specifically treated in this document shall be regulated in accordance with the use of the trade sector to individuals, for companies whose headquarters are located in France.
Article 18. Modification of Terms
The present Terms & Conditions apply to all purchases made online on the website, as the website is available online.
The Terms are precisely dated and may be amended and updated by the SELLER at any time. The Terms apply are those in effect at the time of the order.
Changes to Terms and Conditions shall not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These Terms and the relationship between the Customer and the SELLER are governed by French law.
In case of dispute, only the French courts have jurisdiction.
However, before any recourse to arbitration or state judge, will be favored trading in a spirit of loyalty and good faith to reach an amicable agreement upon the occurrence of any dispute relating to this contract, including on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of conflict letter. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereinafter.
During the whole negociation process until its completion, the parties shall not exercise any legal action against each other and for the object of the negotiation. As an exception, the parties are allowed to enter the jurisdiction of the Court or to request the issuance of a restraining order. Possible action before the court hearing the application or implementation of a procedure on query results from any of the parties to the renunciation amicable arrangement clause, except as expressly otherwise agreed.
Principle of withdrawal
The CUSTOMER has the right of return PRODUCTS to the SELLER or a person designated by the latter, without undue delay and no later than fourteen (14) days of notification of the decision to withdraw, unless the SELLER has offered to collect himself PRODUCT.
The withdrawal period shall expire fourteen (14) calendar days after the date where the Customer, or a third party other than the carrier and indicated by the CLIENT, take physical possession of the PRODUCT. If the order is for several PRODUCTS and if these are delivered separately, the withdrawal period shall expire fourteen (14) days after the date on which the Customer, or a third party other than the carrier and indicated by the CLIENT, take physical possession of the last PRODUCT.
Notification of withdrawal
To exercise the right of withdrawal, the Customer must notify its decision to withdraw from
this contract through an unequivocal statement by registered letter to: Rose et Marius, 41 A chemin du rivage 13620 Carry Le Rouet / firstname.lastname@example.org
It can also use the form below:
WITHDRAWAL FORM For the attention of [*] (* Contact Information)
Telephone Number of the SELLER*:
FAX number of the SELLER*:
Email address of the SELLER*:
I notify you my withdrawal from the contract for the sale of the PRODUCT below:
No. of invoice:
No. purchase order:
- Ordered the
/ received the
- Payment used:
-Name of the CLIENT or the appropriate recipient of the command:
-Address of the CLIENT:
- Signature of the CLIENT (except in case of transmission by email):
- Date :
That the withdrawal period is observed, the CLIENT shall transmit its communication on the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CLIENT, the SELLER agrees to refund the full amount paid, excluding shipping costs without undue delay and in any event, no later than fourteen (14) days from the day where the SELLER is informed that the CLIENT will be withdrawn.
The SELLER will refund the CLIENT by check, this refund will not incur any fees for the client.
The SELLER may defer repayment until receipt of the goods or until the Customer has provided proof of shipment of the property, whichever is the earliest of these facts.
Terms of return
The CLIENT shall, without undue delay and in any event, no later than fourteen (14) days after notification of its decision to withdraw from this contract, return the property to: Rose et Marius, 41 A chemin du rivage 13620 Carry Le Rouet / email@example.com
The deadline is met if the CLIENT returns well before the expiration of fourteen days.
The CLIENT shall bear the direct cost of returning the goods.
State of the returned property
The PRODUCT must be returned following the instructions of the SELLER and in particular include all accessories shipped.
The responsibility of the CLIENT is committed in respect of the depreciation of property resulting from manipulations other than those necessary to establish the nature, characteristics and the proper functioning of this PRODUCT. In other words, the CLIENT has the ability to test the PRODUCT but his could be held liable if he performs procedures other than those required.
The Products are packaged in accordance with the standards of existing transportation, to ensure maximum protection for the ships during PRODUCTS. CUSTOMERS must meet the same standards when returning Products. As such, the CLIENT is requested to return the PRODUCT does not suit him in its original packaging and in good condition, clean its remarketing without these the SELLER will not make the refund in full of products.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Provision of goods or services whose price depends on fluctuations in the financial market
Supply of goods made to specifications or clearly personalized CLIENT
Provision of goods liable to deteriorate or expire rapidly
Providing audio or video recordings or sealed software which were unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation other than residential purposes, goods transport, car rental, restaurant or services related to leisure activities if the offer includes a date or a specific period of execution
Supply of goods which by their nature are inseparably mixed with other items.
Supplies sealed goods can not be returned for reasons of protection of health or hygiene that have been unsealed by the CUSTOMER DELIVERY after the supply of alcoholic beverages, the price was agreed at the time of conclusion of the contract sale, including the delivery can not be made after 30 days and the actual value depends on the market fluctuation beyond the control of SELLER
Provision of digital content not supplied dematerialized if the execution began with the prior express consent of the consumer, which also recognized and he will lose his right of withdrawal contracts at a public auction
ANNEX 2 Shipping Policy
The Products listed may not be delivered on TERRITORY. It is impossible to place an order for any delivery address located outside this TERRITORY.
The Products are shipped to address of delivery indicated by the Customer during the checkout process.
The time to prepare an order and issue the invoice before shipping Products in stock are listed on the site. These periods do not include weekends or holidays.
An email message will be automatically sent to the CLIENT at the time of shipping PRODUCTS, provided that the email address in the registration form is correct.
Time & Shipping
During the order process, tells the SELLER CLIENT delays and possible options for shipping PRODUCTS purchased. Shipping costs are calculated according to the method of delivery. The amount of these costs will be payable by the Customer in addition to the price of the purchased Products. The details of delivery times and costs are detailed on the site.
Terms of Shipping
According to the formula chosen delivery, the package will be delivered to the CLIENT against signing and presentation of identification. In case of absence, a notice will be left to the CLIENT, to enable him to get his package in the post office.
The Customer is informed of the delivery date when he chooses the carrier, at the end of the ordering process online, before confirming the order.
It is stated that deliveries will be made within thirty (30) days. Otherwise, the Customer must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within that period, it may terminate the contract.
Reimburse the SELLER, without undue receipt of the letter of termination delay, the CLIENT the total amount paid for the PRODUCT, taxes and shipping included, using the same method of payment used by the Customer to buy the PRODUCTS.
The SELLER is responsible to the delivery of the CLIENT PRODUCT. It is recalled that the Customer has a period of three (3) days to notify the carrier of the damage or partial loss recognized upon delivery.