Terms of Sales

Effective 01/05/2024

ARTICLE 1 - SCOPE OF APPLICATION

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the websitewww.rosematic.com . The Products offered for sale on the site are as follows:

 “Fashion accessories”; “Hair jewelry”; “hair clips”; "jewelry".

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the sitewww.rosematic.com , which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are within the limits of available stocks, as specified when placing the order.

These General Terms and Conditions are accessible at any time on the websitewww.rosematic.com and will take precedence over any other document.

The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site:www.rosematic.com

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Rosematic, Sasu

Share capital of 1000 euros Registered with the RCS of Paris, under number 918992918

57, rue Jean Pierre Timbaud 75011 PARIS

Email: contact@rosematic.com

VAT number
Intracommunity FR49918992918

The Products presented on the sitewww.rosematic.com are offered for sale in the following territories: France.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.

ARTICLE 2 – PRICE

The Products are supplied at the current prices appearing on the sitewww.rosematic.com ,
when the order is registered by the Seller.

Prices are expressed in Euros, excluding tax and including tax.

The prices take into account any reductions that may be granted by the Seller on the sitewww.rosematic.com

These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the ordered products.

ARTICLE 3 – ORDERS

It is up to the customer to select on the sitewww.rosematic.com
the products he wishes to order according to the following methods:

In order to place an order, Internet users will be able to select one or more products and add them to their basket. Product availability is indicated on the Site, in the description sheet for each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.

By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to withdraw a
or several Products in their basket.

If their order suits them, Internet users will be able to validate it. They will then access a form on which they can choose: register on the site by completing the registration form using their personal information or place the order as guests.

Once logged in or after completing the registration form or choosing to order as a guest, customers will be prompted to check or change their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words “order with payment obligation” or any similar formula.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered valid after full payment of the price. It is the customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the sitewww.rosematic.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

Any cancellation of the order by the customer after its acceptance by the seller will only be possible 1 day at the latest after acceptance of the order by the seller and as long as delivery has not taken place (irrespective of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 4 - PAYMENT TERMS

The price is paid by secure payment, according to the following terms: the price is payable in cash by the customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.rosematic.com

Payments made by the customer will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to deliver the products ordered by the customer if the customer does not pay the price in full under the conditions indicated above.

ARTICLE 5 – DELIVERIES

The products ordered by the customer will be delivered in mainland France and throughout the world. Deliveries take place within 3 to 4 working days after processing the order for Metropolitan France to the address indicated by the customer when ordering on the site.

Delivery consists of the transfer to the customer of physical possession of the product. Except in special cases or unavailability of one or more Products, the products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the customer within the deadlines specified above.

If the ordered products have not been delivered within 30 days, a delay in delivery cannot give rise to any deduction, penalty, compensation or compensation. After the indicative delivery date, for any reason other than force majeure or the act of the customer, the sale may be canceled at the written request of the customer under the conditions provided for in articles L 216-2, L 216-3 and L241- 4 of the Consumer Code.

The sums paid by the customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are carried out by an independent carrier, to the address mentioned by the customer when ordering and to which the carrier can easily access.

When the customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The customer therefore acknowledges that it is up to the carrier to carry out the
delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a particular request from the customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.

Any product deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in
these General Terms and Conditions.

The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.

5.1 The Products are delivered to the address indicated by the Customer on the form entitled “address” (Step 3). When paying by PayPal, the Customer must verify that their address used for their PayPal account is the same as the desired delivery address.

5.2 The order will be executed within an average of 5 working days following the payment date, subject to the availability of the Product ordered and unless specifically agreed between the two parties. Delivery times are given as an indication and cannot engage the responsibility of ROSEMATIC. However, the Customer expressly acknowledges that the delivery time may be extended by 20 days for deliveries made outside mainland France. In the event of a stock shortage, or unavailability of the Product ordered, ROSEMATIC undertakes to inform the Customer as soon as possible and to specify an availability period. The Customer will confirm by e-mail his choice between either waiting for the Product to become available or being reimbursed, excluding any damages.

A delay in delivery cannot give rise to any deduction, penalty, compensation or damages.

5.3 If 30 (thirty) days after the order, the Product has not been delivered, for any reason other than a case of force majeure, the sale may then be canceled at the request of one or the other party by RAR letter, to the exclusion of all damages. The following are considered cases of force majeure relieving ROSEMATIC of its obligation to deliver: war, riot, fire, strikes, accidents, regulations or requirements of public authorities, or any other unavoidable or unforeseeable event. and beyond the control of ROSEMATIC.

ROSEMATIC will keep the Customer informed, in a timely manner, of the cases and events listed above. ROSEMATIC will reimburse the Customer for all sums paid, at the latest within 14 (fourteen) days following the date on which the contract was terminated.

5.4 In any event, on-time delivery can only occur if the Customer is up to date with its obligations towards ROSEMATIC.

5.5 Upon delivery, the Customer must check the content, conformity and condition of the Product(s). In the event of a problem, the Customer must comply with the complaints procedure referred to in articles 9 and 10 below.

ARTICLE 6 - TRANSFER OF PROPERTY

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. »

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller using the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be returned. Costs
return remains the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 - RESPONSIBILITY OF THE SELLER - GUARANTEES

The Products supplied by the Seller benefit from:

Provisions relating to legal guarantees 

Article L217-4 of the Consumer Code

 “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been
carried out under his responsibility. »

Article L217-5 of the Consumer Code “The good is
in accordance with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable

 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L217-12 of the Consumer Code

 “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

 Article 1641 of the Civil Code.

 “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

Article 1648 paragraph 1 of the Civil Code

 “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code. " When
the buyer asks the seller, during the course of the commercial guarantee which
was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least
least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or
the provision for repair of the property in question, if this provision
provision is subsequent to the request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or
mail), the non-conformity of the Products or the existence of hidden defects
from their discovery.

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement can be made by bank transfer.

The Seller cannot be held liable in the following cases:

The Seller's warranty is, in any event, limited to replacement or
reimbursement of non-compliant or defective Products.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the sitewww.rosematic.com are as follows:

Ordering Products: When ordering Products by the Customer:

Names, first names, postal address, telephone number and e-mail address.

Payment

As part of the payment for the Products offered on the site www.rosematic.com, it records financial data relating to the bank account or credit card of the Customer / user.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data processing manager is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on
the protection of personal data.

9.4 Limitations of processing

Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures in terms of digital security to protect data
personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of transmission or
storage of information on the Internet.

9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the sitewww.rosematic.com have the following rights:

By sending an email requesting deletion of data to contact@rosematic.com .

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated below.

The data controller must provide a response within a maximum of one month. In the event of refusal to grant the Customer's request, the latter must provide reasons.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He
will always have the possibility to withdraw its consent at any time by contacting
the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the sitewww.rosematic.com is the property of the Seller and its
partners and is protected by French and international laws relating to
to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - APPLICABLE LAW – LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 12 – DISPUTES

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.

The Client is informed that he can in any case resort to mediation
conventional, with existing sectoral mediation bodies or
any alternative method of dispute resolution (conciliation, for example) in
case of dispute.

The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform : https://webgate.ec.europa.eu/odr/main/index.cfm7event=main.home.show

All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.