The present general conditions of sale are concluded between:
_ On the one hand natural or legal persons wishing to make a purchase via the FRENCHROSA website, here after called “the customer”.
_ And on the other hand, the ARCHI&DESIGN SAS (a French société par actions simplifiées), owner of the trade name FRENCHROSA; with a share capital of 9000 €, whose head office is at: 714 RUE GEORGES SAND 42350 LA TALAUDIERE - FRANCE, entered in the Trade Register and companies of Saint-Etienne under the SIRET number 890 447 477, hereafter called “FRENCHROSA”.
Any order on the website www.frenchrosa.com supposes necessarily the knowledge by the customer of the present general conditions of sale, before ordering and the acceptance of the entirety of their contents.
The acceptance of these general conditions of sale takes effect during the validation of your order.
01 – PRODUCTS
The products concerned by the present general conditions of sale are these listed on the website and which are indicated as sold and shipped by FRENCHROSA (The “Products”).
They are offered in the limits of the available stock.
The essential characteristics of the Products are described and presented as accurately as possible. Differences between the delivered products and those represented on the site or the catalog may exist, mainly for craft products for which the homogeneity of production can’t be perfectly guaranteed.
If these differences do not relate to the essential characteristics of the product and do not affect their quality, they cannot justify a concellation of the order or a refusal of delivery.
02 – THE PRICES
The prices of the products are indicated in euros all taxes included.
They take into account the value added tax and any discounts applicable on the day of the order.
Product prices are exclusive of shipping costs (transport, packaging and package according to the amounts in force).
The amount of the delivery costs will be specified before validation of the order. If one or more taxes or contributions, including environnemental, were to be created or modified, up or down, this change may be passed on the selling price of the products on the webside and on the different sales media.
However, a price cannot be changed once your order is valid. The receiver will have to pay customs duties and value added tax when the country of origin and destination are not in the same economic zone.
03 – THE ORDER
The customer can order on the internet via the website www.frenchrosa.com.
Once your basket validated, you will have to choose the adress and the delivery method and validate your payment method, this last step formalizes the sale contract with FRENCHROSA.
Any order implies acceptance of prices and descriptions of products available for sale.
The conclusion of the contract will be effective only after sending an email confirmation of the registration of the order by FRENCHROSA.
In some cases, especially for failure to pay, wrong address or any other problem related to your account, FRENCHROSA reserves the right to block your order until the problem is solved.
The products offered on the site www.frenchrosa.com are accompanied by a deadline indicative of availability and delivery times. These informations are updated regularly.
A product mentioned “In Stock” is present in FRENCHROSA’s own stocks. The real availability of a product may vary rapidly depending on sales mode on the site or stock of products at our providers (Some products are supplied on a just-in-time basis).
In the event of unavailability of the product after the order, FRENCHROSA undertakes contact the buyer as soon as possible by phone or email. The Customer will have the opportunity to maintain his order or cancel it. FRENCHROSA will refund by crediting the bank account of Paypal at the latest within 30 days of the customer’s payment.
04 – PAYMENT TERMS
The customer can pay his order:
_ By credit card: Blue card, E-blue card, Visa, Mastercard, American Express
_ With a Paypal account
By choosing the payment via Paypal, the Customer will be automatically directed to his Paypal account.
_ By Wire transfer: The bank details are sent to you when you confirm your order.
Iban: FR76 1046 8022 9521 8517 0020 006
05 – THE DELIVERY
The products are delivered to the delivery adress mentioned during the ordering process in the destinations referred in article 3 above.
If there is an error in the contact informations, FRENCHROSA cannot be held responsible for the impossibility of delivery.
In this case, the costs incurred for a new delivery will be in charge of the Customer and invoiced at their real cost.
FRENCHROSA undertakes to deliver the goods ordered as soon as possible depending on the delivery method chosen and the availability of goods.
The delivery times indicated on the site www.frenchrosa.com are usual average times and correspond to the total time of treatment and routing.
When you order several products at the same time and the shipping times are different, the real delivery time may be the longest time, the entire order being prepared when all the products that constitute it are in stock at FRENCHROSA.
The delivery is performed as soon as the product is handed over to the Customer. The delivery note given by the carrier, dated and signed by the Customer at the time of the delivery of the order will constitute proof in the matter of transport and delivery.
Checking the package during delivery: The transfer of risks takes place upon delivery, when the Customer physically takes possession of the Products from the carrier or at the delivery address indicated by the Customer.
Without prejudice to the time available to the Customer to exercise his right of withdrawal, upon receipt of the products, it is up to the customer or the recipient to ensure that the delivered products correspond to the order and to check the status and conformity of the products compared to the order.
The Customer (or, if applicable, the recipient) will formalize the acceptance of the delivery by signing the delivery receipt delivered by the carrier.
The verification of the delivered parcel is deemed made and will not be able to be the subject of any contestations when the customer or any person authorized to receive the parcel signed the delivery order.
The Customer or the recipient of the Products will proceed to the opening of the parcel in the presence of the carrier to check the condition of the Products.
In the event of damage resulting from the transport, the Customer will have to refuse the damaged products and indicate “refusal for damage” on the return form.
For any claim relating to an apparent defect or damage during the delivery of the Product, the Customer must as soon as possible contact customer service to preserve FRENCHROSA’s rights to the carrier and, and if the product is still in the customer’s possession, initiate the return procedure.
In the case of a refusal of delivery or return of the product for the reasons mentioned in the preceding paragraph, the Customer may request a new delivery or the concellation of his order. (See also section "delivery details")
Late delivery: All delays indicated on the site www.frenchrosa.com are considered in working days.
In case of delay, damage, total or partial loss, or any other problem, it is up to the buyer to exercise any recourse from the carrier.
The Customer must still notify by email FRENCHROSA within ten (10) days of receipt by email of the confirmation of the order.
In case of strike of a carrier, FRENCHROSA will inform the customer by e-mail the possible delay of delivery if the parcel was sent, or will find another way of routing if the parcel is being shipped.
Withdrawal in case of absence: In case of absence of the recipient at the time of delivery, the carrier will leave a calling card to the delivery address indicated by the Customer.
The order must be withdrawn at the address and according to the terms indicated by the carrier. In the event of non-withdrawal within the deadlines set by the carrier, the order will be returned to FRENCHROSA who reserves the right to refund the price, the shipping costs staying at the customer’s charge.
Delivery to Corsica and other islands:
All deliveries to an island or Corsica are subject to a surchage due to the higher transport costs.
The Customer has to declare to be on an island or in Corsica. If no declaration is made, the price of the transport will be automatically taxed and payable in advance.
Some deliveries are subject to an initial "blind" visit by the carrier who, in the event of absence, will leave a notice in the letterbox with a telephone number in order to agree on a delivery appointment.
Other deliveries by the Carrier are subject to an apointment organised between the Carrier and the Customer.
In this case, if the Customer cannot be present on the day of delivery he/she must choose an authorised person who will accept the delivery and assume all responsibilites incumbent on the Customer.
One the Carrier and the Customer have agreed on an appointement for a date and time slot, the Customer must be present on the date and during the entire time slot set. In the event that the Customer is absent, the Carrier shall not be able to make the delivery and any costs related to the organisation of a new delivery shall also be borne by the Customer.
In the event that the Carrier suffers a significant delay beyond its control, FRENCHROSA shall make its best efforts to arrange a new delivery and the costs related to the organisation of this new delivery shall be borne by FRENCHROSA.
In the event that the accessibility conditions of the delivery location chosen by the Customer do not allow the Carrier to deliver the order via the main access to the home, the delivery cannot take place but the delivery costs remain payable by the Customer. These conditions may, for example, be: a staircase too small or too narrow, entrance door or corridor too narrow, no lift and high floor...
The Carrier is entitled to judge the accessibility of the premises and may refuse delivery if he/she considers that the accessibility of the premises in not in accordance with the chosen delivery method. In this case, an estimate estimate may be offered to the Customer to perform this additional service. In any case, FRENCHROSA is not responsible for the accessibility of the product purchased from the customer. The product that does not fit in the Customer's home or in the staircase or in the lift, will not be refunded.
Upon delivery of the Product, the Customer must unpack the Product in the presence of the Carrier. The Customer must then check the conformity of the delivered Order in the presence of the Carrier before signing the delivery note.
In case of anomaly concerning the delivery, the Customer must indicate his reserves in the form of detailed handwritten observations, dated, explicit and accompanied by his/her signature as well as that of the deliveryman on the delivery slip and transmit them to FRENCHROSA by mail (address below) or by email in order to faciliate the processing of his/her file. These anomalies can be for example:
- Damaged product: scratches, dents, shocks...
- Product not conforming in nature (error of reference, of colour...) or in quantity...
FRENCHROSA 714 RUE GEORGES SAND 42350 LA TALAUDIERE
Any complaint made in the absence of reservations may be rejected without any possibility of recourse for the Customer. The absence of complaints or the failure of the Customer to express reservations means that the Product delivered is deemed to be satisfactory and may not be the subject of any subsequent dispute.
More generally, if the customer refuses to accept delivery for personal reasons or for reasons of accessibility, the Product will be returned to our factory, the cost of return being borne by the customer. The Product will then be available to the customer for a period of one month. After this period, it will be liquidated to pay the costs of custody. In any case, the Product will be recoverable by the Customer after he has paid the costs incurred by the return of the product to our factory.
Deliveries of bulky and/or fragile products made by a carrier other than the Post Offic are limited to metropolitan France, excljuding islands not connected to the mainland by a bridge. (Corsica, Ild d'Yeu, Ile de Poquerolles, etc...)
Other orders are subject to quotations.
FRENCHROSA cannot be held responsible for delivery probelms due to difficulties in accessing the place of delivery. The consequences of these difficulties are the resposibility of the purchaser. Thus, FRENCHROSA cannot be sued for damages caused in these cases. the deliverers are entitled to judge the difficulty of access and reserv the right not to take a parcel upstairs, not to proceed with passages through windows etc.
Delivery to the floor will be agreed between the parties when the order is placed.
The purchaser must pay the amount of this service when validating the order and may not in any case claim it upon delivery.
Delivery does not include installation or commissioning of the Product ordered, or the return of the old equipment (except in cases specified at the time of ordering). These services may be subject to special request and are invoiced in addition.
A delay in production or a delay in delivery due to an extraordinary circumstance, a major climatic event, a natural disaster and, more generally, any unforseeable extraordinary element, shall not be a cause of cancellation. The deadline will be extended according to the duration of the unusual period.
Delivery in SWITZERLAND
Deliveries within Switzerland can be insured. The delivery cost includes delivery and customs clearance. It does not include local taxes which will be paid after delivery.
FRENCHROSA will take a deposit by bank transfer of 30% of the sale amount for the correct collection of these taxes. This deposit will be returned after the Customer has sent a certificate of payment of the taxes. If the Customer does not pay these taxes, the carrier will turn agianst FRENCHROSA who will be obliged to pay them instead of the Customer. The deposit will therefore be retained.
06- RIGHT TO RETRACT AND EXCHANGE
Deliveries are courier services. The packages are not brought to the floors, not installed at the customer's home. Furthermore, the delivery person does not pick up old products for the waste disposal centre.
The packages are delivered to the to the door of the house or downstairs. The customer is responsible for bringing the package at home.
We can study a transport of type removal on estimate and on request.
Deliveries to the islands are subject to additional costs. The prices of the delivery may be increased depending on the place of delivery.
In accordance with law n°2014 – 344 of March 17, 2014 on consumption, the customer has a period of fourteen (14) working days from the day after the delivery of his order, to exercise his right to retract without having to justify reasons.
The return costs are at the customer charge.
The product must be imperatively returned within fourteen (14) days, properly protected in its packaging and in its original condition, accompanied by any accessories, instructions and documentation.
The product must not have been used, nor must it have suffered any deterioration, however slight, a,d must be in a state of perfect cleanliness.
You can exercise your right of withdrawal by sending the withdrawal form by registered mail available HERE.
You can then return the goods to the following address FRENCHROSA 714 rue Georges SAND 42350 LA TALAUDIERE with a copy of your invoice.
Any risk related to the return of the order is the responsibility of the customer.
In case of dispute, the customer must be able to provide proof of shipment.
FRENCHROSA will refund the customer as soon as possible and no later than fourteen (14) days after the day of receipt of the returned item.
The refund will be made to the billing address registered when the Custoemer placed the order.
The right to retract does not apply to rapidly perishable goods that cannot be reshipped and products that may be customized or made to the customer’s specifications (custom- made for example).
07 – GUARANTEES
All the products on sale on the website benefit from the legal guarantee of conformity (L 217-1 and following of the Consumer Code) and the guarantee against hidden defects (article 1641 and following of the Civil Code) allowing you to return defective or non-compliant delivered products
– article L 217- 4 of the Consumer Code: The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for defects of conformity resulting from the packaging assembly instructions or the installation when it was charged to him by the contract or was carried out under his responsibility.
Article L 217- 5 of the Consumer Code: to be in conformity with the contract, the good must:
1) Be appropriate for the customary use of a similar good and, where applicable:
- Correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or a model
- Present the qualities that a buyer may legitimately expect considering the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.
2) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and accepted by him/her.
- Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity lapses two years after the delivery of the goods.
- Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish the use so much that the customer would not have acquired it, or would have given a lower price, had he known them.
- Article 1648 paragraph 1 of the Civil Code: The action resulting from the latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
08 – RESPONSIBILITIES
FRENCHROSA has an obligation of result for all stages of order taking as well as for the stages after the conclusion of the contract.
Thus FRENCHROSA commits to describe with the greatest accurary the products sold on the website.
On the other hand, the liability of FRENCHROSA cannot be engaged in the case where the non-performance of its obligations would be attributable either to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French Jurisprudence.
Likewise, the liability of FRENCHROSA cannot be engaged for any inconvenience or damage inherent to the use of the internet, in particular a break of service, an external intrusion, the presence of computer viruses or a failure of its computer host.
09 - INTELLECTUAL PROPERTY
The elements published on FRENCHROSA’s website, including logos, registered brands, texts, photographs, images, drawings, models or pictures, constitute works protected by intellectual property rights or human rights.
The reproduction or the representation, total or partial, of this site is therefore prohibited without the express and preliminary agreement of the holders of these rights and would constitute an infrigement sanctioned by the provisions of the Code of the Intellectual Property and/or a tort liable to engage the civil liability of the violators of the above-mentioned rights.
10- DATA PROTECTION ACT
The informations requested by FRENCHROSA are essential for the management of the buyer’s order.
In accordance with the Data Protection Act of 6 January, 1978, the processing of these personal informations has to be declared to the French Data Protection Authority (CNIL) under number 1808692V0.
The customer thus has the right at any time to access, modify, rectify and delete data concerning him from FRENCHROSA.
He/she can exercise it by sending his/her request by email via the contact form on the site www.frenchrosa.com.
Depending on the selection made by the customer during the creation or modification of his account, he will be able to receive informations and commercial offers from FRENCHROSA and other companies.
The customer can at any time decide to no longer receive these informations and commercial offers of FRENCHROSA, by either changing his selection on the site www.frenchrosa.com in the heading “My account” or by specifying his request by mail via the contact form on the site.
11- APPLICABLE LAW
The present general conditions of sale will be executed and interpreted according to the French Law.
12 - IN THE EVENT OF A DISPUTE
In accordance with article R 152-1 of the French Consumer Code, you may have recourse to the MEDYCIS mediation service by electronic means: www.medicys.fr, or by post: MEDICYS- Centre de médiation et règlement amiable des huissiers de justice- 73, Boulevard de Clichy, 75009- Paris, for all complaints related to a FRENCHROSA purchase during the 12 months. The outome of the mediation will be reached, at latest, within 90 days from the notification of the referral by the Mediator. In the absence of an agreement between the parties, the dispute may be before the competent court of the claimant's domicile. We remind you that the recourse to mediation is only possible on condition that your complait has not been previously examined by a judge or another mediator, and that it has already been the subject of an appeal to our Customer Relations Department. Dispute mediation does not apply to disputes between professionals. In the absence of an amicable settlement, any dispute with a professional customer will be brought before the Commercial Court of St-Etienne.