General conditions of sale |
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The present general conditions of sale govern the contractual relations between the ROSE PASSION site, whose registered office is located at BP 70095, 54803 Jarny Cedex, France, and the Customer defined below as being the user of the www.rosepassion.com site and as accepting the present general conditions of sale.
Any other conditions are only binding on the ROSE PASSION site if it has expressly so confirmed in writing. The information shown on this site is provided as a guide only and it can be modified without notice. The sole fact of placing an order on the www.rosepassion.com site involves unreserved acceptance of the present general conditions of sale.
2 - Products
The descriptive information and illustrations distributed by our Company take the form of approximate indications and do not entail any commitments for our Company, which reserves the right to modify or delete any type or model without notice, and without the purchaser being able to make any claims for damages on such grounds. It is up to the purchaser to check before placing any orders that the articles he intends to buy have not undergone any modifications and that they still exist. The photographs are not contractual. The site cannot be held responsible for any errors in the photographs.
3 - Period of validity of the offers of sale
The products are up for sale while stocks last. For products not in stock in our warehouses, our offers are valid subject to availability from our suppliers. If a product ordered is not available, the customer will be informed of the fact as soon as possible.
4 - Product prices
The prices on the www.rosepassion.com site are shown in Euros and inclusive of VAT; they do not include carriage. They can be adjusted at any time, without notice. The prices inclusive of VAT are shown in the basket. The costs of carriage are calculated depending on the type of articles ordered and the country of delivery. They are also shown in the basket. The price is payable immediately at the date of order. The prices charged are those applied at the time of ordering, while stocks last and subject to keying errors or changes in the rate of VAT in France. Any such change in rate will be applied immediately to the sale price.
5 - Orders
If the customer wishes to place an order, he must confirm his identification beforehand. To do so, he fills in a form provided for him, in accordance with the instructions provided for him online; in the form, he enters the information necessary for his identification and in particular his name, first name, telephone number, postal address and delivery address. Further information can be requested subsequently to ensure the quality and security of the delivery. The Company reserves the right to cancel any orders for which the information provided by the customer is incomplete or incorrect.
After the customer has selected the products shown, he validates his order definitively by clicking on the "Order" button to confirm his undertaking and his acceptance of the General Conditions of Sale. From then on, the order is registered, and an order number is forwarded to the customer, together with a confirmation on the screen and by email. The data registered by the site constitute proof of the nature, the contents and the date of the order.
Unilateral cancellation of an order is possible in the case of an order validated by a cheque or a bank transfer, provided that the payment has not been made (cheque sent or transfer executed).
6 - Delivery method
All deliveries are subject to express acceptance of the present conditions of sale.
Delivery is made to the address specified by the customer at the time of ordering. It is usually made by Chronopost, or by a Carrier for bulky parcels. It can only occur once the order has been validated by the customer and after payment has been made in full. Such bank payment centres as may be concerned will thus have given their prior agreement as to payment. In the event of a refusal by the said centres, the order will be cancelled automatically.
Moreover, the www.rosepassion.com site reserves the right to reject any orders from a customer with whom a current dispute exists.
7 - Delivery lead times
If the article ordered is available in stock, the lead time is 2 to 3 business days. In the event of a stock shortage, the resupply lead time is about 4 to 5 days. The delivery lead times begin as from the date of payment of the order.
The lead times are given for information purposes only. Under no circumstance can any late delivery be used as grounds for cancellation of the order or give rise to any claims for compensation. All transport risks are borne by the customer, who must write down details of any damaged or missing products on the delivery note and confirm the details within 48 hours as from the time of delivery, in a registered letter with acknowledgement of receipt sent to the carrier.
8 - Recovery of the products if the customer is absent
If the addressee is absent at the time of delivery, the carrier leaves a note at the delivery address given by the customer.
The products must be recovered at the address and in accordance with the modalities given by the carrier.
If the products are not recovered within the deadline set by the carrier, the products are returned to Rose Passion, which reserves the right to refund the price of the products, with the customer bearing the costs of carriage.
9 - Complaints
All the undertakings entered into by our Company depend on the purchaser's strict compliance with the conditions of payment and with the other obligations arising from the contract. Our goods are sold "Ex Works". Even if they are sent carriage paid, the addressee bears all risks arising from carriage, and it is up to the addressee to express all reservations in the event of damage or loss, and to exercise all recourse against the carriers as the sole entities responsible.
The customer is free to check the supplies at the time of delivery, and it is up to him to take full responsibility for the supplies from then on, after making all necessary checks. No returns will be accepted concerning goods specifically requested by the purchaser.
By signing the delivery note, the customer accepts the products delivered in their actual state, and from then on no complaints will be accepted concerning damage suffered during transport. It is up to the customer to make all checks and express any reservations at the time of delivery of the parts and exercise such recourse as may be necessary against the carrier.
On receipt of the goods, the customer must immediately check their condition and their conformity as compared with the contract. Where applicable, these checks must also be made concerning the internal condition of the parcels. Any complaints concerning defects in the goods delivered, errors in the quantities or an error in a reference as compared with the order confirmed by the www.rosepassion.com site, must be made in writing not more than four days after receipt of the goods, failing which all rights to lodge a complaint are forfeited. Any returns of goods are subject to the prior agreement of Rose Passion. Failing such agreement, any goods returned will be placed at the customer's disposal at the latter's cost and risk, with the customer being required to meet all transport, storage and handling costs. In all cases, the customer bears all costs and risks arising from such returns of goods.
10 - Invoicing
An invoice will be made out by the www.rosepassion.com site. The customer must give the address to which the invoice is to be sent. The indication of the amount of VAT enables collective organizations, companies and professions to claim it back.
11 - Payment method
The Rose Passion site reserves the right to request a bank draft and/or proof of identity and/or proof of residence from the Customer if the amounts involved are large.
By bank card: (Carte Bleue, Visa, Eurocard, and Mastercard are accepted in France).
Validation of an order by bank card entails an authorization to pay the price of the order inclusive of VAT.
By cheque:
The Customer sends a cheque, made out to Rose Passion, as payment for the amount of the order inclusive of VAT (including carriage costs), and writes the order number on the back of the cheque.
12 - Guarantee and after-sales services
All the products sold on www.rosepassion.com are guaranteed as regards manufacturing defects. The guarantee period is one year (date of the return to the workshops as from the date shown on the invoice). If equipment returned is found not to be defective, carriage and handling charges will be invoiced to the customer. The guarantee does not cover any damage resulting from an accident, misuse or negligence.
All returns of goods are subject to the prior agreement of Rose Passion. The customer bears all costs and risks of such returns of goods. The guarantee does not cover any products returned via a carrier without physical protection or insufficiently protected, so it is up to the customer to protect and insure the product or products returned during their transport.
It is up to the customer to keep the packaging and accessories supplied with the product, together with such labels as may be placed on the product or its packaging, and which are necessary to benefit from the guarantee provided.
13 - Confidentiality of data
The personal data forwarded by the customer are not passed on to any third parties, other than the companies dealing with secure payments and the ensuing guarantees. In conformity with the French law 78-17 dated 6 January 1978, the customer is entitled to access and correct all such information at any time. To exercise such rights, all you have to do is contact Rose Passion.
14 - Competent courts
The contractual information is presented in French and the products offered for sale comply with French regulations. Customers in other countries are advised to check with their local authorities whether use of the products they envisage purchasing is allowed in the area concerned. The Rose Passion site's liability cannot be sought in the event of failure to comply with the regulations applicable outside France.
Any disputes arising as to formation, execution and cessation of the contractual obligations between the parties, and for which no private settlement can be reached, will be brought before the Metz Tribunal de Commerce (court dealing with trade disputes), in France, as the sole competent court for the area in which the registered office of Rose Passion is located.
