These general terms and conditions of sale apply without restriction or reservation to all online sales offered by the Rosae company on the https://www.rosaeparis.com website (“the Site”).
The Site is an e-commerce platform, which enables Internet users (“the Buyers”) to purchase women's ready-to-wear retail clothing, offered for sale on the Site (“the Products”).
The purpose of these terms and conditions is to define the terms and conditions of the online sale and delivery of the Products, and to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the Site page.
The applicable version of the general terms and conditions is the one available online on the Site at the date of the Buyer's order, a copy of which is sent to the Buyer with the order confirmation.
These general terms and conditions of sale prevail over any other general or special terms and conditions not expressly approved by Rosae.
They may be supplemented, where applicable, by conditions of use specific to certain Products or services offered on the Site, which supplement the present general conditions and, in the event of contradiction, prevail over the latter.

The Site is operated by Rosae Paris, a SAS registered in the Paris Trade and Companies Register under no. 853 315 653, whose registered office is located at 6 rue d'Uzès, 75002, Paris (“Rosae”), which offers the Products for sale.
Rosae can be contacted at the following address, notably for any complaints: laboutique@rosaeparis.com

3.1 Legal capacity
The Site is accessible to any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Site and place a Product order with the agreement of their legal representative.
3.2 Acceptance of terms and conditions
The Buyer's acceptance of the present terms and conditions occurs when he/she validates his/her order on the Site. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
Any Buyer who does not agree to be bound by the present terms and conditions must not place an order on the Site.

Prior to any online order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Purchaser may take note, on the Site, of the characteristics of each Product he/she wishes to order.
Products are offered for sale online within the limits of available stocks, or subject to the possibility of ordering them, as the case may be.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on Rosae for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.

5.1 Opening an account
To place an order on the Site, the Buyer may register by filling in the form provided for this purpose on the Site. The Buyer must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the Buyer (the “Account”), which enables the Buyer to manage his/her purchases in the form and using the technical means that Rosae deems most appropriate.
The Buyer warrants that all information provided in the registration form is accurate, current and truthful and is not misleading.
He/she undertakes to update this information in his/her Account in the event of modifications (in particular: change of postal address), so that it always corresponds to the aforementioned criteria.
The Buyer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the Buyer is binding upon validation.

The Buyer may access his/her Account at any time by logging in using his/her login and password.
The Buyer undertakes to use his or her Account personally and not to allow any third party to use it in his or her place or on his or her behalf, unless he or she assumes full responsibility for doing so.
The Buyer is likewise responsible for maintaining the confidentiality of his/her login and password, any access to the Site using the latter being deemed to have been made by the Buyer. The Buyer must immediately contact Rosae through the contact method mentioned in the article “Seller's identity and contact” if he/she notices that his/her Account has been used without his/her knowledge. The Buyer acknowledges Rosae's right to take all appropriate measures in such a case.

5.2 Placing an order
To place an order, the Purchaser must select the Product of his/her choice and place it in his/her shopping basket. The Buyer may access the basket summary at any time before the order is definitively validated, and may correct any errors in the information entered.
The order is deemed to have been received by Rosae when it can be accessed.
As part of the order process, the Buyer is asked to provide his/her contact details for delivery and billing purposes. All fields marked as compulsory must be completed in the form provided. Orders that do not include all the required information cannot be validated.
The Buyer guarantees that all information given on the order form is accurate, up-to-date and sincere, and is not misleading.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.

5.3 Order confirmation
Once the order has been placed, the Buyer will receive an email confirming the order, which :
- Summarizes the elements of the order and the expected delivery date,
- Includes the general terms and conditions in force on the date of the order,
- Includes the invoice corresponding to the order.
The Purchaser must ensure that the contact details entered in his/her Account or communicated at the time of ordering are correct, and that they enable him/her to receive the order confirmation email. If the Buyer does not receive the confirmation e-mail, he/she should contact Rosae using the contact details mentioned in the article “Seller's identity and contact details”.
Rosae recommends that the Buyer retain the information contained in the order confirmation.
The order confirmation is deemed to have been received by the Buyer when it can be accessed.

6.1 Prices
The sale prices of Products are displayed on the Site.
They are indicated in euros, inclusive of all taxes.
Rosae reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
Prices do not include any delivery charges that may apply to the delivery of the Products, which will be invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the order is validated by the Buyer.
The applicable price is that displayed on the Site at the time the Buyer's order is registered.
Please note: Outside the European Union, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to Rosae. These duties and taxes, the exact amount of which Rosae cannot determine in advance and of which it cannot therefore inform the Buyer prior to placing the order, shall be borne by the Buyer, who is solely responsible for the proper completion of any related declarations and/or formalities.

6.2 Terms of payment
The full price of the Products is payable at the time of order.
Payment may be made online :
o by credit card, using the secure online payment service indicated on the Site,
o or by any other means proposed on the Site at the time of ordering.
The Buyer guarantees Rosae that he/she has the necessary authorisation to use the chosen method of payment.
Rosae reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgement of receipt.

6.3 Invoicing
Purchase invoices will be sent to the Buyer by any appropriate means.
The Buyer may also access the invoice corresponding to his order in his Account if he has created one, or receive it by e-mail.

6.4 Retention of title
Rosae retains full ownership of the Products sold until full payment has been received, including delivery charges.

7.1 Delivery territories
The Site indicates the possible delivery territories for the Products.
Products ordered on the Site will be delivered to the address indicated at the time of the Buyer's order as the “delivery address” (which may be different from the invoicing address), provided that it is located within the possible delivery territory for the Products concerned.

7.2 Delivery methods
Different delivery methods may be possible, depending on the category of Products and the delivery address.
Before validating the order, the Purchaser is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.
The Purchaser must select the desired delivery method and provide all the information required for effective delivery of the Product by this method.

7.3 Delivery times
Products are dispatched within the time indicated on the Site for each product sheet.
In the event of failure to deliver within the aforementioned period, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having enjoined Rosae, under the same terms, to make delivery within a reasonable additional period, it has not complied within this period.
The contract shall be deemed to have been terminated upon receipt by Rosae of the letter or writing informing Rosae of such termination, unless Rosae has performed in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer will be reimbursed for all sums paid, including delivery charges, within 14 (fourteen) days of the date on which the contract was terminated.
Rosae reserves the right in any event to contact the Buyer in order to propose alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must expressly and on a durable medium his/her acceptance of the choice of an alternative method of reimbursement.

The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to withdraw from the contract without having to give any reason or pay any penalty, with the exception of the cost of returning the Products, which may be at the Buyer's expense. In the case of orders for several Products delivered separately, the above-mentioned period runs from receipt of the last Product.
The Buyer who wishes to exercise his/her right of withdrawal must send to Rosae, at the address mentioned in the article “Seller's identity and contact details”, before the expiry of the above deadline, the withdrawal form appended to these general terms and conditions, duly completed, or a statement clearly expressing his/her wish to withdraw and including his/her order number.
The Products must be returned to Rosae in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following communication by the Buyer of his/her wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible for any deterioration of the Products when they are returned to Rosae.
The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective receipt by Rosae of the retraction request for all sums paid for the order, deducted any return costs (return shipment, possible taxes, compensatory allowance for product damaged by the Client), which remain the Buyer's responsibility. However, Rosae reserves the right to defer this reimbursement until the Products have been recovered and verified.

All Products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), enabling the Customer to return defective or non-compliant Products free of charge.
However, the warranty does not cover Products modified, repaired or integrated by the Customer.
The warranty shall not apply to defects that are apparent, or that the Customer was aware of or could not have been unaware of at the time the Order was placed, particularly with regard to the information provided by Rosaé.
Nor will the warranty cover Products damaged after the transfer of risk to the Customer, or as a result of misuse.

In the event of a force majeure event preventing performance of the Order or these Terms and Conditions, Rosae will inform the Customer within fifteen (15) days of the occurrence of such event, by e-mail or by registered letter with acknowledgement of receipt. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of Rosae or the Customer, without compensation on either side.

Rosae undertakes to carry out regular checks to verify the operation and accessibility of the Site. Rosae therefore reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, Rosae shall not be held liable for any temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.

Purchasers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.
They must also take the necessary steps to safeguard by their own means the information in their Account that they deem necessary, no copy of which will be supplied to them.
Finally, it is the responsibility of Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

Rosae reserves the right to withdraw at any time any Product displayed on the Sites and to replace or modify any content or information appearing thereon. Despite Rosae's best efforts to satisfy its customers' expectations, Rosae may refuse to process an Order after having sent the Customer the confirmation e-mail summarizing the Order.
Rosae shall not be held liable to the Customer or to any third party for any damage resulting from the removal of a Product from the Sites, or from the replacement or modification of any content or information appearing on these Sites, or from the refusal to process an Order after sending the confirmation e-mail summarizing the Order.
Rosae also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous Order, or who has acted in breach of these GTC, or in the event of objective suspicion of fraud. Also, Rosae reserves the right to refuse or cancel an Order from a Customer whose behaviour is inappropriate or insulting.
Rosae formally prohibits the use of its Sites for professional purposes, in particular with a view to purchasing for resale on a professional basis. Consequently, Rosae reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered exceeds the needs of a consumer.

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by Rosae within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorization of Rosae is strictly prohibited and may be subject to legal action.

Rosae undertakes to comply with all legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016.
To find out more about the management of their personal data and their rights, Buyers are invited to read Rosae's privacy policy, accessible through the footer menu of the Site.

Rosae reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions to be determined by Rosae alone.

Rosae may not under any circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the Buyer may have access via the Site.
Rosae accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
Rosae is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to whom the Buyer may be directed via the Site and shall not be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations or any other obligations whatsoever to which such third parties are bound.

The following are strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into Rosae's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any infringement of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of Rosae or the users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed, and more generally (viii) any breach of these general terms and conditions or of the laws and regulations in force.
It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, or to the information it contains.
Any commercial use of the Products by Purchasers is forbidden, and in particular any resale or distribution for consideration.
In the event of failure to comply with any of the provisions of the present article or, more generally, of infringements of laws and regulations, Rosae reserves the right to take all appropriate measures and to initiate any legal action.

The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to Rosae by e-mail, using the contact details mentioned in the article “Seller's identity contact”.
Unsubscription is effective within 7 days of this request. It will result in the automatic deletion of the Buyer's Account.

Rosae reserves the right to modify these terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the Buyer's order.

In the event of translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute as to the meaning of a term or provision.

These terms and conditions are governed by French law.

Effective Date: 20th of November 2019

Last Update Date: 7th of June 2024

(Please fill out and send this form only if you wish to withdraw from the contract).

To
Rosae Paris
6 rue d'Uzès
75002 Paris
laboutique@rosaeparis.com


I hereby notify you of my withdrawal from the contract for the sale of the following goods:

- (list of goods for which the right of withdrawal is being exercised)

Order number :
Order date or order reception date:
Customer name :
Customer address :
Customer signature :
(only in case of notification of this form on paper)
Date :