The present general conditions of sale are concluded between:
_ On the one hand natural or legal persons wishing to make a purchase via the website of FRENCHROSA, here after called “the customer”.
_ And on the other hand, the company FRENCHROSA, with a share capital of 7500 €, whose head office is at: ZA Chana 4 rue des Haveuses 42230 Roche la Molière – France, entered in the Trade Register and companies of Saint-Etienne under the number SIREN 803 383 017 00024 and intra-community VAT: FR54 803 383 017, hereafter called “FRENCHROSA”. Any order on the site supposes necessarily the knowledge by the customer of the present general conditions of sale, prior to order 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 don’t relate to the essential characteristics of the product and don’t affect their quality, they can’t 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 can’t 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 COMMAND
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 formalize 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 (supplies take place for some products in just-in-time).
In the event of unavailability of the product after the order, FRENCHROSA will 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 (only available for delivery in France and Monaco).
By choosing the payment via Paypal, the customer will be automatically directed to his Paypal account. Once the Paypal payment valid, he will have finish his order on the website.
_ By Wire transfer: The bank details are sent to you when your confirm your order.
_ By Bank Check: (French Bank check only), unless otherwise specified in the command, addressed to the following address: FRENCHROSA Le Berland 42230 Saint-Victor-sur-loire If the check is not received within 8 days from the confirmation of the order by the customer, the order will be considered canceled.
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 can’t 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 deemed performed upon delivery of the product to the customer.
The delivery note delivered 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.
Parcel verification upon delivery:
The transfer of risks takes place upon delivery, at the moment when the customer physically takes possession of the products at the delivery address indicated by the customer, or by the carrier.
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 his 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 before checking the condition of the products. In the event of damage resulting from the transport, the customer will have to refused 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, 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.
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 is 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.
06- RIGHT TO RETRACT AND EXCHANGE
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, or have undergone any deterioration so minimalit must be in a state of perfect cleanliness.
The customer must inform the customer service FRENCHROSA by email to the adress: homecollection@frenchrosa before returning the goods to the following adress: FRENCHROSA ZA Chana 4 rue des Haveuses 42230 Roche la Molière accompanied by the order form or a copy of the printable sales invoice in the heading “My account” of the site www.frenchrosa.com.
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 recorded at the time of order by the customer.
The right to retract doesn’t 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 (article L 211-1 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 211- 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 211- 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. - Article L 211-12 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 wouldn’t have acquired it, or wouldn’t 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 can’t 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 can’t 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 marks, 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 thus prohibited without the express and preliminary agreement of the holders of these rights and would constitute an forgery sanctioned by the provisions of the Code of the Intellectual Property and/or a delictual fault of nature to engage the civil liability of the violators of the aforementioned 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 date concerning him from FRENCHROSA.
He can exercise it by sending his 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.