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TERMS OF SALES
Preamble
You are currently connected to the "www.Rosiesgarden.shop" Site. The purpose of this document is to inform you about the company and its General Conditions of Sale.
These General Terms and Conditions of Sale apply to all orders placed on the “www.Rosiesgarden.shop” website (hereinafter referred to as “the Site”).
These General Conditions of Sale are concluded on the one hand between:
– The company “Rosie's Garden”, whose head office is located at 60, rue François 1er – 75008 Paris
– FRANCE in the process of registration in the Trade and Companies Register
Email address: thegardenofrosie@gmail.
Hereinafter referred to as "Rosie's Garden"
And on the other hand,
– By any natural or legal person wishing to make a purchase via the “www.rosiesgarden.shop” website. Hereinafter referred to as "the Buyer" or the "Client"
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, if a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The Customer acknowledges having, prior to placing the order, having read all of the aforementioned information and the General Conditions of Sale.
Article 1 – Fields of application
These General Conditions of Sale aim to define the contractual conditions (Rights and Obligations) between "Rosie's Garden" and the Buyer, whether professional or consumer, in the context of the sale of products by "Rosie's Garden", carried out through its Merchant Site: www.rosiesgarden.shop
This contract complies with the French regulations in force, and more particularly with Law 2004-575 known as the Law for confidence in the digital economy. It also complies with the recommendations of the OECD in the field of electronic commerce, as well as with the provisions of the Châtel law coming into force on June 1, 2008.
Important: this contract is made up of these General Conditions of Sale and the order form. However, the photographs illustrating the products on the Site do not enter into the contractual field. If errors or alterations resulting from the processing of these photographs or from the display on the user's screen are introduced, the responsibility of "Rosie's Garden" cannot, in any case, be engaged as a result. .
Duration of application and modifications of the General Conditions of Sale
These General Conditions of Sale are valid from 31/01/2023. This edition cancels and replaces previous versions. "Rosie's Garden" reserves the
possibility of adapting or modifying these General Conditions of Sale at any time and without notice. In the event of modification, the General Conditions of Sale in force on the day of the order will be applied to each order.
The Buyer must be at least eighteen (18) years old, be legally capable of contracting and using this Site in accordance with the General Conditions of Sale.
The resale or distribution of products purchased on www.rosiesgarden.shop is prohibited.
Article 2 – Availability of Products
The products and services offered by "Rosie's Garden" are presented on its Site in French and English. Any national of the European Community and of countries complying with Directive 95/46/EC cannot assert his lack of linguistic knowledge as a cancellation clause for the contract.
Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks.
In case of unavailability of products after placing the order, the Customer will be informed by email as soon as possible. Rosie's Garden will refund it within a maximum of thirty (30) days.
Due to the specificity of the Internet network, Rosie's Garden does not guarantee on its Site the availability of all products in real time. In this context, indications on the availability of the products are provided at the time of the order confirmation.
The photos, texts, remarks, information or characteristics of the products appearing in the catalog are given for information only. They are not contractual and do not bind Rosie's Garden in the event of an error.
Article 3 – Geographical area
The products sold online presented on the Site are delivered worldwide.
Article 4 – Order
Any purchase order signed by the Customer by validation of the basket and payment of the requested amount constitutes irrevocable acceptance which can only be called into question in the cases strictly provided for in this contract.
The “double click” associated with the authentication and non-repudiation procedure and the protection of message integrity constitutes an electronic signature.
In accordance with the law of March 13, 2000, this electronic signature has value between the parties in the same way as a handwritten signature. Any agreement to an estimate sent via the Site and validated by the payment of the sum requested from the Buyer, and returned to Rosie's Garden with an explicit agreement also constitutes an irrevocable acceptance.
Article 5 – Order process
The Site www.Rosiesgarden.shop allows you to order a selection of products from the Rosie's Garden brand, online via the Internet. The Buyer who wishes to buy a product online must follow the procedure described below. The Buyer must complete the identification form on which he will indicate all the details requested or give his Customer number if he already has one. The Buyer must complete the online order form giving all the references of the chosen products, as well as the desired quantities.
The information and information provided by the buyer when ordering engage it. In the event of input error(s), Rosie's Garden cannot be held responsible for the consequences that this would cause and for the impossibility of ensuring delivery. This clause is applicable in the event of delay or error in delivery: in this case, all the costs incurred by Rosie's Garden for the reshipment of the order will be entirely borne by the Buyer.
The Buyer checks the details of his order and its total price. He has the possibility of correcting possible errors, before confirming, in a second time, the order.
The validation of the order entails the acceptance of the General Conditions of Sale, the acknowledgment of having had perfect knowledge of them and, if necessary, the renunciation of availing oneself of its own conditions of purchase or other conditions.
Article 6 – Confirmation of the order
Any order placed at Rosie's Garden must be confirmed by the latter for the order to be definitively accepted. Indeed, Rosie's Garden is
reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or other cases provided for in this contract.
The confirmation of the order will be sent by email to the Buyer as soon as possible, and at the latest at the end of the withdrawal period, subject to the provision by the Buyer of a valid email address not making the object of any restriction of use (professional e-mail address for example). In this specific case, Rosie's Garden cannot be held responsible for the non-receipt of the order confirmation containing all the contractual information and providing proof of the transaction.
Article 7 – Price
The prices are valid as long as they are visible on the Site, within the limits of available stocks.
Rosie's Garden reserves the right to change prices at any time and undertakes to apply the price in effect on the date of validation of the order, subject to the availability of the product ordered on that date.
Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. They do not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation.
For delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated, VAT included. No other customs duties or VAT will be payable for delivery within the European Union.
Any change in the applicable rate may be passed on to the selling price of the products in the catalogue.
For delivery outside the European Union, the Customer must pay customs duties, VAT or other taxes due when the products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the Client, unless otherwise indicated.
The Customer is solely responsible for checking the possibilities of importing the products
ordered under the law of the territory of the country of delivery.
Article 8 – Method of payment
Rosie's Garden provides the Buyer with various means of payment offering maximum security and guarantees:
– Bank or private card (Carte Bleue, Visa card, Eurocard/Mastercard, American Express), indicating directly in the area provided for this purpose (secure entry by SSL encryption), the card number without spaces between the digits, its validity date, as well as its control code.
– By PayPal (the Customer is subject to the conditions of use of PayPal), this implies
that no banking information concerning you passes through the Site of www.rosiesgarden.shop.
Payment by credit card is therefore perfectly secure; your order will be like this
recorded and validated upon acceptance of payment. The Customer guarantees to the company Rosie's Garden that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. For payments by credit card, certain checks may be carried out by Rosie's Garden. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
Rosie's Garden is the sole recipient of the data relating to the Customer's order.
The non-transmission of data in connection with the order prevents the analysis and therefore the completion of the purchase. The occurrence of an unpaid amount due to fraudulent use of a credit card will result in the registration of the details relating to the order associated with this unpaid amount in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the data-processing law and freedom of January 6, 1978 you have at any time a right of access, rectification, and opposition to the whole of your personal data by writing by mail and by justifying your identity to Rosie's Garden via the contact form. Rosie's Garden reserves the right to refuse any order from a Buyer with whom a payment dispute is in progress or with a Buyer who has not fully or partially paid a previous order.
Article 9 – Retention of title
The products delivered to the Customer remain the property of Rosie's Garden as long as the Customer has not paid the full price in principal and accessories, due under his order. Payment within the meaning of this clause means the actual collection of the price by Rosie's Garden. On the other hand, the transfer of risks takes effect from the actual delivery of the products ordered on the online store.
The documents provided to the Client are governed by the Intellectual Property Code. They therefore remain the property of Rosie's Garden. It is therefore forbidden to reproduce, assign, or use the documents provided without the consent of Rosie's Garden.
Article 10 – Execution of the order
The company Rosie's Garden reserves the right to refuse the order for a "legitimate reason" (as defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, abusive request from the Customer , of presumption of impossibility for the Customer to contract or of manifest intention for the Customer to harm the company Rosie's Garden. The Rosie's Garden company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "low price", and this at the time of the order placed by the Customer. Finally, the company reserves the right to refuse the order in the event of a dispute with the Customer, total or partial non-payment of a previous order, refusal of bank authorization during the online payment process. The order will be executed at the latest within thirty (30) days from the day following that on which the Customer placed his order, subject to acceptance thereof by Rosie's Garden.
Article 11 – Invoicing
An invoice will be automatically sent to the Customer when ordering. This will be sent to the email address indicated by the Customer when ordering, unless otherwise specified by him.
Article 12 – Delivery
As a reminder, products purchased on the www.rosiesgarden.shop Site can be delivered anywhere in the world.
However, the following delivery addresses are not accepted: post office box, hotel, cedex, military base.
The products are shipped to the delivery address(es) indicated during the ordering process.
In the event of the absence of the recipient of the order during delivery, the carrier will leave a delivery notice and the Customer or the recipient has a period of fifteen (15) days to collect the package according to the methods indicated on the calling card.
After this period, the order will be automatically sent back to Rosie's Garden, which will contact the Customer to define the conditions for a possible reshipment. The processing costs for this new delivery will then be invoiced to the Customer. Shipping costs are calculated according to the country of destination and the type of service chosen.
Please refer to the delivery section of the Site www.rosiesgarden.shop. The delivery times announced in the delivery section of the Site are calculated in working days. The times indicated are average times and correspond to the processing, preparation and shipping times of the order.
With any order, a summary document will be attached (statements required by article L 121-19 of the Consumer Code) mentioning:
– identification and contact details of the company
- delivery fees
– the terms of payment and delivery
– essential characteristics of the product
- the price
– the address to which to submit complaints
– information relating to after-sales service
Any defect or delay in delivery exceeding seven (7) working days must be reported to our Customer Service as soon as possible.
In case of late shipment, an email will be sent to you. In this case, and as long as the product is not shipped, you can always cancel your order. You will then be
immediately refunded if your account has been debited. If you receive the product after the cancellation of your order, you will return it to us complete and in its original condition to allow us, upon receipt, to proceed with its refund.
You must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note.
You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, etc.). This verification is considered to have been carried out when the Buyer, or a person authorized by him, has signed the delivery note.
In the event of non-compliance of the products purchased or if they do not give you satisfaction, you can return them or request an exchange or a refund under the conditions provided for in the following articles.
Article 13 – Right of withdrawal
In accordance with articles L121-21 and following of the Consumer Code, you have a period of fourteen (14) clear days to exercise your right of withdrawal without having to justify reasons or pay penalties except, the if applicable, return costs. The period of fourteen (14) days runs from the date of receipt of the products ordered.
The products must imperatively be returned within a period not exceeding thirty (30) days suitably protected, in their original packaging, in perfect condition for resale (not damaged, damaged or soiled by the Customer) accompanied by any accessories, instruction manuals and documentation to the address indicated below, accompanied by the sales invoice.
However, some items will not be taken back or exchanged for hygiene reasons. This includes, in particular, earrings (except models that do not require pierced ears), all make-up products, and underwear.
To exercise the right of withdrawal, the Customer must notify Rosie's Garden via the contact form of the site of his decision to withdraw before the expiry of the period by means of an unambiguous declaration (for example, letter sent by post or email).
The Customer can use the model withdrawal form shown below:
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Rosie's Garden, 60, rue François 1er – 75008 Paris –
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in the event of notification of this form on
paper) :
Date :
(*) Strike out the useless mention.
Cannot be taken back, the parcels for which no attached element makes it possible to identify
the sender (order number, surname, first name, address).
Customer Service ROSIE'S GARDEN, 60, rue François 1er – 75008 Paris - FRANCE
The costs and risks related to the return of the product are the responsibility of the Customer who sends it. The return of the products will give rise to a refund equal to the purchase price of the product(s) purchased.
As soon as the return is processed, the amount of the refund will be communicated by email to the Customer and credited to the means of payment used for the transaction.
Article 14 – Exchange, Refund
In the event of non-compliance with the order, the Customer may return the product(s) received.
In this case, for the return to be accepted, the Customer must inform Customer Service within fourteen (14) days for a defect or if you have not received the correct reference. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in perfect condition, in their original condition and packaging. In the event of a defect, you must return the damaged item to us. You should therefore never dispose of the items. The product(s) must be returned, accompanied by the purchase invoice, and the return agreement number, addressed to ROSIE'S GARDEN_cc781905-5cde-3194- bb3b-136bad5cf58d_60, rue François 1er – 75008 Paris
Regarding the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund is to be made, it will be made within fourteen (14) days of receipt of your return. The return costs can then be reimbursed on receipt.
Article 15 – Guarantee
All our products are guaranteed against any manufacturing defect. Defective products must imperatively be returned at the Customer's expense for examination in order to determine the validity of the complaint. To be able to benefit from the guarantee of the products, it is advisable to keep the invoice of purchase of the product. Rosie's Garden will reimburse the shipping costs in the event of proven defects, if and only if the supporting documents corresponding to the costs are attached to the package. The Customer automatically benefits from the legal guarantee for hidden defects, as defined in articles 1641 and following of the Civil Code.
Article 16 – Customer Service
For any information or questions, our Customer Service is at your disposal. You can thus reach us through the “Contact” section of our Site.
Article 17 – Force Majeure
Rosie's Garden can in no way be held responsible for the non-execution of the order in the event of force majeure. By express agreement, are also considered as cases of force majeure: unavailability of the product, disruptions, strikes (in particular of carriers), theft or loss by the carrier, natural disasters, war, riots,
fire, stock shortage, any other natural disaster, even if the conditions of unpredictability, irresistibility and exteriority are not met. Concerning the
products purchased to meet professional needs, Rosie's Garden incurs no liability for any consequential damages as a result of these presents, operating loss, loss of profit, damages or costs, which may arise.
Article 18 – Cryptology
The Rosie's Garden Website is subject to a secure system to encrypt the Customer's bank details. All orders placed on www.rosiesgarden.shop can be controlled by Rosie's Garden.
In this context, Rosie's Garden may ask the Buyer for all the supporting documents necessary for the execution of the order, identity document, proof of residence, etc. These requests will be made by email.
Article 19 – Liability
Rosie's Garden, in the online sales process, is only bound by an obligation of means; its responsibility cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 20 – Evidence
The computerized registers, kept on the servers of the company Rosie's Garden as well as on the servers of its banking establishments, will be considered as proof of the communications, orders and payments made between the parties.
Article 21 – Storage and archiving of documents
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with article 1348 of the French Civil Code. It is therefore carried out in accordance with the
AFNOR Z 42-013 standard relating to the design and operation of computer systems with a view to ensuring the conservation and integrity of the records stored in these systems.
Article 22 – Personal information
The automated processing of information, including the management of the email addresses of users of the Site has been declared to the CNIL registered under number 1356256. It is done in compliance with the provisions of Law No. 78 -17 of January 6, 1978. Similarly, any user has the right to verify the accuracy of this data, and may request its rectification or deletion by writing to Rosie's Garden at the following address: ROSIE'S GARDEN 60 , rue François 1er – 75008 Paris, FRANCE
The information and contact details concerning the Client are confidential. They are used for order processing and to send information on products similar to those previously provided.
The Customer has the possibility of opposing, free of charge, except those linked to the transmission of the refusal, and in a simple manner, to the use of his contact details and this, each time a message is sent to him.
Article 23 – Intellectual Property
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all the elements, brands, designs, models, logos, graphics, etc. found on this Site are the exclusive property of Rosie's Garden and its partners, the latter not granting any license or any right other than that of consulting the Site. The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any other use constitutes counterfeiting and is sanctioned under Intellectual Property, except with the prior written authorization of Rosie's Garden. Any single or hypertext link is strictly prohibited without the express written consent of Rosie's Garden.
Article 24 – Entire contract
These General Conditions of Sale express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these General Conditions of Sale.
Article 25 – Non waiver
The fact that the company does not take advantage of a breach by the Customer of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.
Article 6 – Applicable law, Disputes
These General Conditions of Online Sale are subject to French law, in accordance with European directives, notwithstanding any rule relating to conflict of laws. In the event of a dispute, the parties will favor amicable settlement.
Any dispute relating to the interpretation or execution of this contract between Rosie's Garden and a natural or legal person considered as a consumer, will be brought before the
French courts, in accordance with the provisions of articles 46 to 48 of the NCPC.
For any contractual relationship of the Business to Business type between Rosie's Garden and a legal person, the attribution of the competent jurisdictions is entrusted to the courts of Paris.
Annex -
Lexicon
In this contract, each of the expressions mentioned below shall be understood within the meaning of its definition, namely:
– “the company”: Rosie's Garden
– “online sales contract”: any contract concerning the order of products concluded between the company and a Customer within the framework of a distance selling system organized by the company Rosie's Garden, which for this contract uses exclusively the network Internet until the conclusion of the contract, including the conclusion of the contract itself.
– “Client” or “Buyer”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal entity.
– “order form”: document which indicates the characteristics of the products ordered by the consumer and which must be signed by him by “double click” to commit him.
– “order”: act by which the Customer undertakes to purchase products and the company to deliver them to him.
– “product”: property sold by the company.
– “double click”: reiteration of the validation of the Order Form by the Customer. An order form completed and validated for the first time is never taken into account without the customer's confirmation. This confirmation can be made by means of a checkbox bearing acceptance of the General Conditions of Sale, or an order confirmation message.