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Starting my orderClause 1 – General Provisions
1.1 These General Terms and Conditions apply to contractual relations between ROSE PASSION, a limited liability company with a share capital of €18,900, registered with the Briey Registry of Trade and Companies under number 410 206 064, with its registered office being SARL ROSE PASSION BP 40075 54703 PONT A MOUSSON CEDEX, hereinafter referred to as "ROSE PASSION" and the CLIENT, a natural person, hereinafter referred to as "CLIENT".
1.2 The General Terms and Conditions are brought to the CLIENT's attention before the execution of any transaction and constitute the basis thereof. ROSE PASSION cannot waive them in advance. The placement of an order implies the CLIENT's full and unreserved acceptance of these Conditions.
1.3 No specific term may prevail unless formally accepted in writing by ROSE PASSION against these General Conditions.
1.4 These General Terms and Conditions comply with the provisions of the Commercial Code and the Consumer Code. They conform current commercial customs of the profession.
1.5 The prices, information and characteristics appearing on circulars, prospectuses, technical data sheets, the website or other documents are given for information purposes only and shall under no circumstances be considered to be firm offers.
1.6 In addition, ROSE PASSION reserves the right, at any time and without notice, to make any modifications or improvements to its offers that it deems necessary, without the CLIENT being able to claim any loss whatsoever.
Clause 2 – Purpose
The purpose of these General Terms and Conditions of Sale is to set out the terms applicable to any purchase made by the CLIENT on the website of ROSE PASSION: www.rosepassion.com (hereinafter referred to as the "WEBSITE") or to any order placed by telephone or e-mail using the catalogue.
Clause 3 - Definitions
CLIENT: refers to any natural person acting on their own behalf, making a purchase through the WEBSITE or by telephone or e-mail using the catalogue.
LOGIN: Username and password chosen or assigned to the CLIENT giving them access to their personal area on the WEBSITE.
PRODUCTS: refers to all the products marketed on the WEBSITE. Other than in special cases, all parts offered on the WEBSITE are new. These special cases are as follows:
• Standard exchange: sale of parts, either new or reconditioned with a price discount in exchange for the old part sent in by the CLIENT;
• Repair: service consisting of the repair of the part sent in by the CLIENT;
• Manufacturing: new part manufactured at the request of the CLIENT.
PARTIES: refers to the CLIENT and ROSE PASSION, bound in a relationship by this agreement
SITE: refers to the "www.rosepassion.com" website operated by ROSE PASSION.
CATALOGUE: refers to the catalogue presenting the PRODUCTS sold by ROSE PASSION.
Clause 4/A – Accessibility
4.1 Conditions for registration on the WEBSITE
4.1.1 Registration is done by completing a form online. Once the form has been completed and validated, the WEBSITE sends an e-mail to enable the user's request to be confirmed. At the time of registration, the CLIENT undertakes to provide data that is accurate and shall be required to complete all mandatory fields on the registration form.
4.1.2 The CLIENT must be of the age of majority and must have the capacity to enter into contract.
4.1.3 The CLIENT will then validate their registration by clicking on the button provided for this purpose.
4.1.4 ROSE PASSION should accept the CLIENT's registration. In this respect, ROSE PASSION notably reserves the right to reject the registration of any CLIENT who does not meet the conditions of good character, or who infringes the values and ethics that ROSE PASSION strives to convey, and it shall not be required to justify its refusal.
4.1.5 ROSE PASSION shall have sole discretion as to which applications for registration it retains, and no appeal shall lie against its decision, nor shall it give rise to any indemnity whatsoever.
4.1.6 The CLIENT undertakes not to create or use any accounts other than the one originally created, whether under its own identity or that of a third party. Any derogation from this rule must be the subject of an express request by the CLIENT and express and specific authorization from ROSE PASSION. The creation or use of new accounts under its own identity or that of third parties without having requested and obtained ROSE PASSION's authorization may result in the immediate suspension of the CLIENT's account and all services associated therewith.
4.1.7 The CLIENT warrants that the information provided by them on the WEBSITE is accurate, truthful and reflects their actual circumstances. They undertake to inform ROSE PASSION without delay in the event of any change to the information provided at the time of registration and, if necessary, to make such changes themselves in their personal space.
4.1.8 ROSE PASSION shall not be liable for technical problems and incidents that may occur and lead to a risk of data loss. ROSE PASSION is bound only by a simple obligation of means.
4.1.9 The CLIENT represents and warrants that they are fully aware of the characteristics and constraints of the Internet.
4.1.10 The equipment (computers, software, electronic means of communication, etc.) allowing access to the PRODUCTS provided by ROSE PASSION are the exclusive responsibility of the CLIENT, as are the electronic communication costs incurred by their use.
4.1.11 Each CLIENT is required, in a general manner, to (i) comply with applicable laws and regulations, (ii) behave fairly towards ROSE PASSION and other CLIENTS, (iii) respect the intellectual property rights held by ROSE PASSION, (iv) communicate only accurate and truthful data relating to its civil status and contact details, and (v) not make any commitments on behalf of a third party.
4.1.12 In the event of a breach of the terms of access to the WEBSITE and of the use of the goods and services offered on the WEBSITE, ROSE PASSION reserves the right to suspend access to the WEBSITE by the relevant CLIENTS. Continuous and repeated breaches shall entitle ROSE PASSION to terminate this agreement with the relevant CLIENTS with immediate effect.
4.2 Username and password
4.2.1 As soon as their account is created, the CLIENT will choose or be assigned a username and password (hereinafter "LOGIN") allowing them to access their personal space.
4.2.2 This LOGIN is personal and confidential. It can only be changed at the request of the CLIENT or on the initiative of ROSE PASSION.
4.2.3 The CLIENT is solely and entirely responsible for the use of their LOGIN and undertakes to do everything possible to keep it secret and not to disclose it to anyone in any form or for any reason whatsoever.
4.2.4 The CLIENT shall be liable for the use of their LOGIN by third parties or for actions or representations made through their personal account, irrespective of whether or not they are fraudulent, and shall hold ROSE PASSION harmless against any claim in this respect.
4.2.5 Moreover, ROSE PASSION shall not be liable in the event of usurpation of the CLIENT's identity. If the CLIENT has reason to believe that their LOGIN or account is being used fraudulently, they must immediately inform ROSE PASSION thereof.
4.2.6 In the event of loss or theft of one of their LOGIN elements, the CLIENT shall be liable for any harmful consequence of such loss or theft, and must, as soon as possible, modify them using the modification procedure.
4.2.7 If the CLIENT becomes aware that another person has gained access to their personal account, the CLIENT shall immediately inform ROSE PASSION by e-mail at the following address: contact@rosepassion.fr
4.2.8 The fraudulent use of the WEBSITE, or use in breach of these terms and conditions, shall constitute grounds for denying the CLIENT access to their personal account at any time.
Clause 4/B – Orders placed off the WEBSITE
4.1.1 Quotations from ROSE PASSION are valid until the end of the month of their date of issue.
4.1.2 Orders are approved subject to acceptance by ROSE PASSION by written confirmation sent to the CLIENT by post or electronic means, and subject to payment in full of the amount of the order.
4.1.3 Any order accepted by ROSE PASSION shall be deemed to imply acceptance by the CLIENT of ROSE PASSION's offer.
4.1.5 Modifications and additions to the order, in particular with respect to delivery times, quantities or the PRODUCTS, are subject to the express agreement of ROSE PASSION, which shall inform the CLIENT of the effects on the prices.
Clause 5 – Personal data
5.1 With respect to the contractual relationship governed by these General Terms and Conditions, the CLIENT expressly authorises ROSE PASSION to process personal data in the manner described below.
5.2 ROSE PASSION acts in the capacity of the processing controller. Its registered office is SARL ROSE PASSION BP 40075 54703 PONT A MOUSSON CEDEX. It may be contacted by e-mail contact@rosepassion.fr) or by telephone: (+33)3 82 468 911.
5.3 The purpose of the processing to which the CLIENT consents is to enable ROSE PASSION to satisfy its contractual obligations and to inform the CLIENT of its offers and new products.
5.4 The personal data collected in relation to this agreement are as follows: name, forename, and the e-mail, postal and telephone contact details of the CLIENT.
5.5 Only the manager and ROSE PASSION customer services department have access to the data collected hereunder.
5.6 The data hereby collected shall be stored throughout the entire contractual relationship between the CLIENT and ROSE PASSION, and for one year following the end of this relationship. On the expiry of this period, the data collected will be automatically destroyed.
5.7 The CLIENT is informed that the data collected by ROSE PASSION are not transferred outside the European Union.
5.8 The CLIENT has a right to access, rectify, erase or raise object in respect of their personal data. The CLIENT may therefore request at any time that the information concerning them be rectified, completed, clarified, updated or erased. The CLIENT also benefits from the right to the portability of their data.
5.9 In the event of non-compliance with these provisions or with current legislation on personal data protection, the CLIENT may refer the matter to the Commission Nationale Informatique et Libertés [French Data Protection Body (CNIL)]: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01 53 73 22 22 - Fax: 01 53 73 22 00
5.10 The WEBSITE uses cookies to process statistics and traffic information, to facilitate browsing and to improve service for the convenience of the CLIENT, who may refuse the placement of these cookies by configuring their browser. However, in order to facilitate browsing on the WEBSITE, it is recommended that browser settings should be set to accept cookies.
5.11 If the CLIENT terminates this agreement, and provided they expressly so request, which they may do by any means, ROSE PASSION shall delete their personal data immediately.
Clause 6 – Intellectual Property
6.1 The WEBSITE is the exclusive property of ROSE PASSION, which therefore holds all the intellectual property rights relating thereto. Consequently, its content may not be modified, copied, distributed, reproduced, downloaded, displayed, published, communicated or sold in any form or by any means whatsoever, in whole or in part, without the prior written consent of ROSE PASSION.
6.2 ROSE PASSION retains full and exclusive title to all trademarks, registered designs and copyrights attached to the PRODUCTS provided by or accessible through the WEBSITE, as well as all other intellectual property rights relating to ROSE PASSION.
6.3 If, with respect to these General Terms and Conditions, the CLIENT commits acts likely to infringe the aforementioned rights, ROSE PASSION reserves the right to take all appropriate measures for such disturbance to cease. ROSE PASSION also reserves the right to suspend or delete the CLIENT's registration on the WEBSITE or to block its access thereto.
6.4 If the CLIENT finds that there is a breach of the aforementioned rights, they are requested to notify these actions by contacting ROSE PASSION at the following address: contact@rosepassion.fr
6.5 It is specified that the trademark "PORSCHE" is a registered trademark of DR ING H.C.F. PORSCHE. ROSE PASSION is not an official representative of PORSCHE and does not act on its behalf. Similarly, the names of the PRODUCTS are trademarks held by their respective supplier manufacturers.
Clause 7 - Orders
7.1 When the CLIENT wishes to purchase one or more PRODUCTS on the WEBSITE, they must choose the desired quantity. The CLIENT's basket is updated automatically.
7.2 In order to pay for their purchases on the WEBSITE, the CLIENT must go to the "Shopping Cart" tab and click on "Order". They will then be redirected to a page summarizing the details of the order. They will then be asked to choose the delivery options and payment methods. By clicking on "Confirmation", the CLIENT accepts these General Terms and Conditions.
7.3 Upon receipt of confirmation of the purchase and payment from the CLIENT, ROSE PASSION shall send the CLIENT, to the e-mail address they have provided, confirmation of receipt of the order form, a summary of the order, the corresponding invoice, and a copy of this document in PDF format.
7.4 The sale will only be deemed to have been completed once payment has been received by ROSE PASSION.
7.5 Invoices for orders placed are sent to the CLIENT by e-mail as well as in paper form on delivery of the purchase made by the CLIENT.
7.6 The CLIENT may ask for the invoice to be sent to an address other than the delivery address by sending a request to this effect prior to shipment, to ROSE PASSION's customer service department: contact@rosepassion.fr
7.7 ROSE PASSION reserves the right to refuse or cancel any order from a CLIENT, in particular in the event of the aforesaid CLIENT's insolvency or in the event of non-payment of the relevant order or for a previous delivery, or a dispute relating to the payment of a previous order.
7.8 The information provided by the CLIENT when entering data relating to their order is binding on them. ROSE PASSION shall not be liable for errors made by the CLIENT in the contact details for the recipient of the order (notably the delivery address and invoicing address) or for delays or failure to deliver the PRODUCTS ordered that these errors may cause.
7.9 If a PRODUCT is unavailable, ROSE PASSION will inform the CLIENT by e-mail as soon as possible so as to cancel the order of this PRODUCT and refund the corresponding price, including delivery costs. If part of the PRODUCTS ordered by the CLIENT are unavailable, the other PRODUCTS will be delivered to the CLIENT and the CLIENT will be refunded for the amount of the missing product(s).
7.10 Purchase orders and invoices shall be archived on a reliable and durable medium which may notably be admissible as evidence.
7.11 In accordance with the Law of 13 March 2000, the provision online of the CLIENT's credit card number and final confirmation of the order constitute proof of the CLIENT's consent, the fact that the amounts due in respect of the order form are payable, and the signature and express acceptance of all the transactions executed.
Clause 8 – Price
8.1 The price of the PRODUCTS on the WEBSITE is expressed in Euro and includes all taxes.
8.2 The price associated with each PRODUCT on the WEBSITE does not include delivery costs or any customs duties in the event of sale outside the European Union.
8.3 The price indicated in the order confirmation is the definitive price. This price includes the price of the PRODUCTS, VAT, handling, packaging and storage costs of the purchased PRODUCTS and transport costs.
8.4 For each offer, price reductions shall mention: the size of the reduction, the PRODUCTS concerned, the terms and conditions under which the benefits are granted, in particular the period during which the PRODUCT is offered at a reduced price.
8.5 ROSE PASSION reserves the right to modify the price of the PRODUCTS at any time, it being understood, however, that the price appearing in the order confirmation shall apply only to the CLIENT.
8.6 Discounts and rebates shall only become effective upon their express acceptance by ROSE PASSION and may not be applied retroactively.
8.7 Deferred conditional rebates shall only be definitive in so far as the CLIENT has satisfied all its contractual obligations, and in particular compliance with the payment terms.
Clause 9 – Methods of payment
9.1 The price invoiced to the CLIENT is the price indicated in the order confirmation issued by ROSE PASSION.
9.2 The price of purchases made on the WEBSITE or using the CATALOGUE is payable in cash by one of the payment methods offered on the WEBSITE on the effective date of the order. In accordance with Article L 221-14 of the Consumer Code, the CLIENT is expressly informed of the obligation to pay for their purchase as soon as the order is placed.
9.3 An order confirmed by the CLIENT shall only be considered effective once the secured bank payment centre has authorised the transaction and, where applicable, after acceptance of the risk by the insurer, and in any event, once payment has been effectively received by ROSE PASSION.
9.4 The CLIENT warrants to ROSE PASSION that it has the necessary authorisations to use the chosen method of payment and acknowledges that the information given to this effect constitutes proof of its consent to the sale and to the payment of the sums due in respect of this order.
9.5 ROSE PASSION reserves the right to request a bank cheque and/or proof of identity and/or proof of address from the CLIENT where significant amounts are incurred.
9.6 In the event of payment by cheque, it must be made payable to ROSE PASSION and the number of the relevant order must be written on the back of the cheque.
Clause 10 – Possessory lien and transfer of risk
10.1 Ordered PRODUCTS remain the property of ROSE PASSION until they are handed to the carrier.
10.2 All risk of loss or damage to the PRODUCTS is transferred to the CLIENT at the moment when the CLIENT, or a third party designated by the CLIENT other than the carrier proposed by the WEBSITE, physically takes possession of these PRODUCTS.
Clause 11 - Delivery
11.1 After confirmation of the order and subject to full payment of the price of the PRODUCTS ordered, ROSE PASSION undertakes to deliver the ordered PRODUCTS to the CLIENT at the delivery address within two to three days. In the event of a shortage of stock, the replenishment time is four to five days. These deadlines are, however, provided on strictly indicative basis.
11.2 Any change of delivery address made by the CLIENT after the order has been registered may result in the delivery time being extended.
11.3 The CLIENT is informed by e-mail that its order has been sent and provided with the tracking number of their order as soon as it is dispatched.
11.4 The CLIENT undertakes to pay upon receipt, any taxes and other charges due in respect of the delivery of the PRODUCTS ordered, and ROSE PASSION may not be held jointly and severally liable in this respect.
11.5 CLIENTS or recipients of the PRODUCTS ordered undertake not to resell them in whole or in part.
11.6 Delivery will be made according to the delivery method selected by the CLIENT and to the address indicated by them, and such address may only be within the agreed geographical area.
11.7 Unless an express request is made in writing or by e-mail to ROSE PASSION informing it that the delivery time of the order is essential for the CLIENT, the CLIENT shall be deemed not to consider this delivery time as a fundamental term of the contract. Therefore, in the event of failure to deliver within the aforementioned thirty (30) business days (unless otherwise specified on the order summary before finalisation), the CLIENT may not terminate the sale on the grounds of late delivery without having issued a demand to ROSE PASSION to deliver within a reasonable additional period of time. In the absence of delivery within this further period of time, and other than in cases of force majeure, the CLIENT shall be entitled to terminate the sale by sending a registered letter with acknowledgement of receipt to ROSE PASSION.
11.8 However, if the CLIENT has expressly notified ROSE PASSION that the delivery time was a fundamental condition for the sale and delivery has not taken place within the aforementioned thirty (30) working days (except for any specific period mentioned on the order summary before its finalization), the CLIENT may directly terminate the sale under the conditions set out in the foregoing paragraph, without first requiring ROSE PASSION to make the delivery within a reasonable additional period of time.
11.9 In the event of termination of the sale, ROSE PASSION shall reimburse the CLIENT for all amounts paid within fourteen (14) days of the date of termination.
11.10 If the CLIENT receives the PRODUCTS ordered after the termination of the order, they will return them to ROSE PASSION. ROSE PASSION will then refund the order as soon as it is received in its original packaging.
11.11 ROSE PASSION shall not be liable for delays in delivery due to a force majeure event as defined by the established precedent in French case law on the subject, due to a carrier chosen by the CLIENT, due to the fault of a third party, or due to an error by the CLIENT or the recipient when communicating their contact details.
11.12 If one or more of the PRODUCTS ordered are missing or damaged, the CLIENT or the recipient must issue any reservations with reasons to the carrier within three (3) days (excluding public holidays) of delivery, by registered letter with acknowledgement of receipt.
11.13 ROSE PASSION shall not be liable for defects in the PRODUCT occurring during transport or due to force majeure, fortuitous circumstances, the fault of the CLIENT, or insurmountable and unforeseeable fault on the part of a third party in the sales contract.
11.14 If the CLIENT wishes the ordered PRODUCTS to be delivered to two separate addresses, the CLIENT should place two (2) separate orders.
Clause 12 - Cooling off period
12.1 The CLIENT has a period of fourteen (14) days from the receipt of the PRODUCTS ordered on the WEBSITE.
After this period, on an exceptional basis, on legitimate grounds relating to the quality of the PRODUCT ordered, and after the express agreement of ROSE PASSION, it may be considered for return under the following conditions:
- the request for return concerns a part stocked by ROSE PASSION:
The return of the PRODUCT, at the Purchaser's cost, will result in the sale price being refunded less a rebate on the aforesaid price of sale (including VAT) as follows:
• -10% within 30 days of delivery;
• -30% between 30 and 90 days of delivery; and
• after 90 days, no returns will be accepted.
- the request concerns a PRODUCT specially made or specially ordered for the Purchaser:
The return of the PRODUCT, at the Purchaser's expense, will result in the sale price being refunded less a 30% discount on the aforesaid sale price (including VAT).
Any request for return made after the deadline of three (3) months from delivery shall not be taken into account.
This possibility of returning products does not apply to PRODUCTS of a sale price less than or equal to €10 (excl. tax).
If ROSE PASSION accepts the requested return, the Purchaser has a period of eight (8) days from the notification of this acceptance to return the PRODUCT.
12.2 The request for withdrawal should be submitted by completing the form below. This form can be returned online to the following address: contact@rosepassion.fr or by post by registered mail with acknowledgement of receipt: SARL ROSEPASSION BP 40075 54703 PONT A MOUSSON CEDEX
12.3 In the event of withdrawal, ROSE PASSION shall reimburse all payments received from the CLIENT within fourteen (14) days of the receipt of the withdrawal request. The same payment method will be used as the one chosen by the CLIENT at the time of the original order, unless a different method is expressly agreed.
12.4 ROSE PASSION may postpone reimbursement until receipt of the PRODUCT(s) or until proof of shipment of the PRODUCT(s) is provided, whichever is the earlier.
12.5 The CLIENT shall bear the direct costs of returning the PRODUCT(s) and shall be liable for any depreciation in the value of the PRODUCT(s) resulting from handling.
12.6 The right of withdrawal does not apply to the cases provided in Article L 221-28 of the Consumer Code.
Examples:
- Parts that are specially made to measure. Carpets etc.
- Interior parts specially made on request.
12.7 WITHDRAWAL FORM
I, the undersigned,………………………………………………… [Name, Forename], hereby notify you of my withdrawal concerning the following product(s):
Name:……………………………………………………..………Reference:…………………
Name:…………………………………………………………….. Reference:…………………
Name:…………………………………………………………….. Reference:…………………
Ordered on …/…/…… Received on …/…/……
Order number: …………………………………
Client No.:…………………………………………...
Address : ……………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………
Date and signature:
Clause 13 – Liabilities
13.1 ROSE PASSION declines all liability in the event of the unlawful use or operation of all or part of the content of the WEBSITE.
13.2 ROSE PASSION shall also not be liable towards the CLIENT for any loss or damage they may suffer as a result of their failure to communicate accurate information to ROSE PASSION concerning its account or due to its own inability to keep their LOGIN safely confidential.
13.3 The WEBSITE may contain hypertext links to other websites that are not owned or controlled by ROSE PASSION. ROSE PASSION has no control over the content, data protection charters or practices of third party websites and declines all liability in this respect. ROSE PASSION is not responsible for the availability of these external websites and resources, and does not endorse any advertising, products or other materials on or accessible through these external websites or resources.
13.4 ROSE PASSION shall not be liable for any act or omission, non-performance, partial performance or delay in the performance of its obligations, in relation to harm or loss suffered directly or indirectly by the CLIENT which has occurred as a result of an act or omission of another client or any other person related to such client.
13.5 ROSE PASSION shall not be liable towards a CLIENT or any third party for any deterioration, suspension or stoppage of services due to force majeure as defined by established precedent in French case law on the subject, due to actions by the CLIENT or a third party, as well as unavoidable risks that may arise from the technology.
13.6 ROSE PASSION endeavours to keep the WEBSITE accessible 24 hours-a-day, seven days-a-week, but is not bound by any obligation of result. ROSE PASSION may therefore suspend access to the WEBSITE, in particular for the purpose of maintenance or upgrading. Access may also be suspended for any other reason. ROSE PASSION shall not be liable under any circumstances for such suspensions or for the consequences that may result from them for CLIENTS or any third party. It is also recalled that ROSE PASSION may terminate or modify the characteristics of the WEBSITE at any time, without notice. In no event shall ROSE PASSION be held liable for any loss or damage to this data. Any information or advice provided by ROSE PASSION cannot be interpreted as any kind of warranty.
13.7 In no event shall ROSE PASSION be liable for any loss whatsoever, whether in contract, quasi-delict or otherwise, due to any action taken or any event occurring after the expiry or termination date hereof.
13.8 ROSE PASSION shall not be liable for any loss of any kind, whether it be personal injury, physical or economic loss, which could result from the misuse or wear and tear of the PRODUCTS sold.
13.9 ROSE PASSION warrants the conformity of its PRODUCTS with the specifications described in their specification sheet and shall not be liable for any use that is contrary to these specifications.
13.10 The CLIENT assumes all liability other than that of conformity of the PRODUCTS with the specifications contained in their specification sheet, and in particular with respect to:
• the suitability of the PRODUCTS for their requirements; and
• the use and operation of the PRODUCTS.
13.11 The CLIENT expressly acknowledges that ROSE PASSION has provided them with all information required for them to assess the suitability of the PRODUCTS for their needs, and to take all necessary precautions for their implementation and use.
13.12 The CLIENT is solely responsible for the proper functioning of their own equipment, the conformity of its environment with the specifications in the specification sheet and the quality of its access to Internet.
Clause 14 - Statutory Warranty
14.1 All PRODUCTS supplied by ROSE PASSION are covered by the statutory warranty relating to hidden defects provided by Articles 1641 et seq. of the Civil Code, valid for twenty-four (24) months from the discovery of the hidden defect.
14.2 If the warranty for hidden defects is applied, the CLIENT shall have the discretion of either terminating the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
14.3 In the event of non-conformity of a PRODUCT sold, the CLIENT benefits from the statutory warranty of conformity provided for in Articles L. 211-4 et seq. of the Consumer Code, valid for twenty-four (24) months from the delivery of the PRODUCT. They will thus be able to return the non-conforming PRODUCT to ROSE PASSION for repair or exchange.
14.4 The CLIENT shall have the discretion to either have the PRODUCT repaired or replaced, subject to the cost conditions provided in Article L. 211-9 of the Consumer Code.
14.5 The CLIENT is exempted from providing proof of the non-conformity.
14.6 The statutory warranty of conformity applies independently of any commercial warranty that may have been granted.
14.7 All claims, exchange or refund requests must be made to ROSE PASSION.
14.8 In the event of a duly observed manufacturing defect, the PRODUCT shall be refunded within a maximum period of thirty (30) days.
14.9 The defective PRODUCT should be returned in its original packaging and in such a way that it is sufficiently protected for return transport.
Clause 15 – Modification and termination
15.1 These General Terms and Conditions take effect as from their publication on the WEBSITE and remain in force until partially or totally amended by ROSE PASSION.
15.2 ROSE PASSION reserves the right to modify these terms and conditions at any time. New terms are made available by an e-mail sent to all CLIENTS at the address provided during registration. Such notification shall be sent no later than three (3) days prior to the date of entry into force of the amendments.
15.5 These General Terms and Conditions may be automatically terminated:
- by CLIENTS, at any time with fifteen (15) calendar days' notice. To do so, the notice of termination must be sent to ROSE PASSION by registered letter with acknowledgement of receipt, to the following postal address: Its registered office is SARL ROSE PASSION BP 40075 54703 PONT A MOUSSON CEDEX
• - by ROSE PASSION, at any time, with fifteen (15) calendar days' notice
• - by ROSE PASSION in the event of non-compliance by one of the clients with the undertakings made herein.
15.6 Termination shall entail the deletion of the LOGIN.
Clause 16 - Waiver
If either Party does not exercise any of its rights hereunder, this shall not constitute a waiver of its exercise, and such waiver may only be made by an express statement by the Party concerned.
Clause 17 - Separability
17.1 In the event that one or more of the provisions hereof being held invalid by a competent court, the other provisions shall remain in full force and effect.
17.2 The provision considered invalid shall be replaced by a provision with meaning and scope as close as possible to the provision thus invalidated, while remaining in accordance with applicable legislation and the common intention of the Parties.
Clause 18 - Disputes
18.1 These General Terms and Conditions are governed by French law.
18.2 In the event of any disputes that may arise regarding the validity, construction, performance or non-performance, suspension or termination of these General Terms and Conditions, the Parties shall apply their best efforts to reach an amicable solution. Such disputes may also be submitted to consumer mediation. The CLIENT, however, remains free to accept or reject the use of consumer mediation.
18.3 The CLIENT may inspect the list of consumer mediators through the following link: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
18.4 The Parties may also visit the European dispute resolution platform through the following link:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
18.5 The solution proposed by the mediator is not binding on the Parties.
18.6 Any dispute between the Parties arising out of the construction or execution of these General Terms and Conditions for which it has not been possible resolve amicably or through mediation, shall be brought before the competent courts within whose catchment area the defendant's place of residence or the place of performance of the General Terms and Conditions is located.