GENERAL CONDITIONS OF SALE
WELCOMEROSEANNA - On the occasion of the launch of its new site, ROSEANNA offers you 15% off your next order. Single-use offer valid from October 9 to 20, 2024, cannot be combined with any other current promotional offer.
Version of April 28, 2023
If you have any questions or comments about our Data Privacy Policy, or our General Terms and Conditions of Sale, please contact ROSEANNA SWIM by post or email:
ROSA SAS
40 bis, rue du Faubourg Poissonnière - 75010 PARIS
Or
contact@roseanna.fr
Between the undersigned:
The company ROSA SAS , a simplified joint stock company with capital of 1,000,000 euros, registered in the Paris Trade and Companies Register under number 948 178 066, whose registered office is located at 40 bis, Rue du Faubourg Poissonnière – 75010 Paris, represented by its Chairman in office, duly authorized for the purposes hereof
Hereinafter referred to as “ROSEANNA” on the one hand,
The natural person browsing, learning about, reserving, ordering one or more product(s) on the website www.roseanna.fr.
Hereinafter referred to as the “Client” on the other hand.
Please read these general conditions carefully, they define the terms and conditions of sale that you accept by ordering on the website www.roseanna.fr . The unconditional acceptance of these conditions will consist of the Customer checking the box corresponding to the following sentence: " I accept these conditions and adhere to them unconditionally ".
You acknowledge that these General Terms and Conditions of Sale are enforceable in the same way as any other written contract that you may have signed, and prevail over any other document. If you do not agree with the terms of these General Terms and Conditions of Sale, you are not authorized to order products on the website www.roseanna.fr.
Changes to the T&Cs are binding on the Customer as soon as they are posted online, but cannot apply to transactions concluded previously.
Article 1. Definitions
The terms used, both in the plural and the singular, in these General Conditions of Sale will have the following meaning:
Customer means any user, an adult natural person with the capacity to contract, who has the status of consumer, that is to say who is not acting within the framework of his professional activity and who browses, learns about, reserves, orders and/or purchases a product offered on the Website.
General Conditions of Sale or GCS designate the present general conditions which the Customer declares to accept.
Personal Data means any personal data that allows the Client to be directly or indirectly identified within the meaning of the regulations in force.
Product means any product offered on the Website and in particular, but not limited to, clothing and fashion accessories.
Website means the infrastructure, accessible at the address www.roseanna.fr developed by ROSEANNA.
Article 2. Ordering Products
2.1.Selection of Products
In order to place an order via the Website, the Customer must select the Products he wishes to purchase by adding them to the basket.
Once the selection of Products is complete, the Customer must click on the “View my basket” tab to validate his order. A summary of the order is then displayed. The Customer will have the possibility to modify the quantities of Products or to delete a Product from the basket.
2.2.Creation of a personal account and provision of information
The creation of a personal account is an essential prerequisite for any order by the Customer on the Website. In this context, the Customer is required to communicate Personal Data. This Personal Data is processed in accordance with the Privacy Policy accessible here.
Registration for the personal account is also done by providing login details (email address and password chosen by the Customer). The Customer acknowledges that his/her login details and password are strictly personal and confidential. Consequently, he/she is prohibited from communicating or sharing them with third parties.
In the event of suspected fraudulent use of their identifiers, the Customer must immediately inform ROSEANNA by email via the following address: contact@roseanna.fr. In all cases, the online provision of the bank card number or other banking information and the validation of the order and its payment, will constitute proof of the entirety of said order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of proof to information technologies and relating to electronic signatures, and will constitute the due date of the sums committed by the order.
It is expressly agreed that, except in the event of a manifest error on the part of ROSEANNA, the data stored in ROSEANNA's computer systems, under reasonable security conditions, have probative force with regard to orders placed by the Customer. Data on computer or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same probative force as any document that would be established, received or stored in writing.
The Client guarantees that the data he communicates is accurate and true.
The provision of false information resulting in the impossibility for ROSEANNA to fulfill its obligations, in particular, without the list being exhaustive, to deliver the order, cannot engage its liability.
2.3. Finalization of the order
Once the Customer has accessed his personal account, he will have to select his payment method and his delivery method, and will then confirm the placing of the order by clicking on “Pay for my order”.
Once the order has been validated and payment made, the Customer will receive confirmation of their order by email to the address provided, summarizing the references of the Products ordered as well as the following elements:
- The price of the products;
- The quantity to be delivered;
- The date of the order;
- Delivery costs if applicable;
- The payment method chosen by the Customer;
- The statement that the Customer has a right of withdrawal.
The Customer must check the contents of the order as soon as possible and immediately report any errors to ROSEANNA.
The Customer is informed that ROSEANNA reserves the right to refuse any order from a Customer for legitimate reasons, and more particularly if the quantities ordered for the same Product are abnormally high for buyers with the status of consumers.
If exceptionally the Product becomes unavailable after validation of the order, the Customer will be informed by e-mail as soon as possible of the cancellation of his order. He will be reimbursed for the amount of the price of the Product that has become unavailable as soon as possible and, at the latest, within seven (7) days following validation of the order.
Article 3. Price and Payment
The prices of the Products on the Website are expressed in euros including tax for the website www.roseanna.fr/fr, except for countries outside the European Union.
For Products delivered in France, they take into account the VAT applicable on the day of the order. These prices are exclusive of shipping costs.
Likewise, if one or more taxes or contributions were to be created or modified, either upwards or downwards, this change may be reflected in the sale price of Products.
The price of the Products on the website www.roseanna.fr/us are expressed in US dollars.
The Customer chooses their payment method. Payment can be made either by Bank Card (Mastercard and Visa), or by Paypal or Paypal Later, or in three installments free of charge by Alma. The Customer will be redirected to a secure interface corresponding to the chosen payment method.
In the event of payment by PAYPAL, the Customer expressly acknowledges having read and accepted the general conditions of Paypal, which is solely responsible for processing personal data relating to payment methods entered by the Customer.
In the event of payment by ALMA, the Customer expressly acknowledges having read and accepted the general conditions of Alma, which is solely responsible for processing personal data relating to means of payment, entered by the Customer.
The Customer guarantees that he is fully authorized to use the means of payment he uses.
The Products sold remain the property of ROSEANNA until full payment of their price. Consequently, the Customer undertakes until full payment of the price, under penalty of immediate claim by ROSEANNA, not to transform or incorporate said products, nor to resell them or pledge them.
These conditions do not prevent the transfer to the Customer, upon delivery of the Product, of the risks of loss and deterioration of the goods subject to retention of title, as well as liability for any damage or harm that they may cause.
Article 4. Delivery
4.1. Place of delivery
The Products are shipped to the delivery address indicated when ordering.
4.2. Method and Delivery Time
The Product may be delivered, at the Customer's choice:
- at home by Colissimo: in the event of absence during Delivery, a delivery notice is left for the Customer so that they can collect their parcel from the nearest post office.
- or in store: If the order is not collected, it will be cancelled and the Customer will be reimbursed within seven (7) days.
Any applicable rates are indicated when choosing the delivery method.
Delivery takes place within the time specified when ordering.
4.3.Delay in delivery
Any delay in delivery beyond the date specified when ordering and not due to a case of force majeure, may result in the cancellation of the sale, at the initiative of the Customer, by sending the latter a registered letter with acknowledgement of receipt, if after having ordered ROSEANNA to make the delivery within a reasonable additional period, this has not been carried out.
In accordance with Article L216-1 of the Consumer Code, the contract will be considered terminated upon receipt by ROSEANNA of the Customer's letter informing it of its decision to terminate the contract and only if delivery has not taken place in the meantime. In the event of termination, ROSEANNA will reimburse the Customer for the sums paid as soon as possible, and at the latest, within 7 (seven) days from receipt of the registered letter with acknowledgment of receipt.
4.4. Receipt of packages by the Customer
At the time of delivery of the goods, the Customer is required to check:
(i) that the number of packages delivered corresponds to the information on the transport document and the invoice;
(ii) that the packaging is intact, not damaged, wet or altered in any way, including the materials used to close the package.
The Customer must immediately contest any damage suffered by the packaging and/or the Products or an error in the number of packages or non-conformity of the indications, by affixing a written control reservation on the proof of delivery. After signing the delivery note, the Customer may not raise any dispute regarding the external appearance of the delivery.
When the Customer orders Products to be delivered outside the European Union, he may be subject to import duties and taxes, which are collected when the package arrives at its destination.
Any sale of the Products outside the European Union will not be subject to VAT.
Any additional customs clearance costs will be borne by the Customer, ROSEANNA having no control over these costs.
Customs policies vary greatly from country to country, the Customer should contact the local customs service for more information. Furthermore, when the Customer places an order on the Website, he is considered the official importer and must comply with all laws and regulations of the country in which he receives the Products.
Article 5. Withdrawal / Returns of Products
The Customer has a period of 14 (fourteen) days to exercise his right of withdrawal by requesting a return request for any reason whatsoever. This period runs from the day of receipt of the Products at home, the dated delivery slip being authentic. The Customer then has a maximum period of 14 (fourteen) days from the date of the return request to ship his products.
The withdrawal may be made by email or by post to the contact details indicated in the preamble to the General Conditions of Sale on plain paper. The withdrawal may also be made online, via the customer account by following the following link:
- log in to your customer account via the following link: https://roseanna.fr/fr/fr/mon-compte
- go to your order history
- select the order in which the products to be returned appear
- select the returned products from the order and validate
The Customer will receive an email confirming receipt of the withdrawal within 48 hours of receiving their withdrawal. Following receipt of this email, the Customer must:
- go to your “My returns” area to print the return slip to insert in the package
- send the package to the following address:
PLF International/Roseanna E-shop
9 Boulevard de l'Europe
77380 Combs-la-Ville
France
For Customers who received their package in mainland France:
- If none of the returned products have been discounted (sales, private sale, preview, archive sale, round prices, or any other form of promotion): the return is free and can be made using the prepaid label available after editing the withdrawal form online on the Website: https://roseanna.fr/fr/fr/mon‐compte.
- If at least one of the returned products has been discounted (sales, private sale, preview, archive sale, round prices, or any other form of promotion) (excluding the "WELCOME10" coupon): the return costs are the responsibility of the customer for a fixed amount of €5.90. This return can be made using the prepaid label available after editing the withdrawal form online on the Website: https://roseanna.fr/fr/fr/mon‐compte. An amount of €5.90 will be deducted from the refund amount.
For Customers who have placed an order outside mainland France, the return is made at the Customer's expense.
The Products must be returned in their original packaging and wrapping which must have been opened properly, accompanied by the delivery note and/or the order form certifying that these are indeed Products purchased via the Website.
The return of the Product(s) will be made by the Customer to the address indicated within fourteen (14) days following receipt of the email confirming receipt of the withdrawal.
The costs and risks associated with the return of the Products are the responsibility of the Customer.
It is the user's responsibility to keep all proof and date of this return.
After receipt and verification of the Products, ROSEANNA will reimburse the Customer within a maximum of 7 (seven) working days, by reallocating the amount paid to the credit of the initial means of payment used . Where applicable, delivery costs that are more expensive than the standard costs will remain the responsibility of the Customer in accordance with Article L221-28 of the Consumer Code.
Products not returned or returned incomplete, damaged, without labels, damaged, soiled or in any other condition which could reasonably suggest that they have been used or worn, will not be refunded and will be returned to the Customer.
As for the shoes, the sole must also be intact: as such, it is strongly recommended to try Roseanna shoes on a carpet or rug.
Returned items must be in their original, unused condition with all tags attached.
If a Product has been returned more than fourteen (14) days after the date of the return request made by the Customer, Roseanna reserves the right not to make any refund and the Product will be returned to the Customer.
In accordance with article L 221-28 5° of the Consumer Code, the right of withdrawal is excluded for Products which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 6. WARRANTIES
6.1. Guarantees against hidden defects
The Products offered by ROSEANNA are subject to the guarantee against hidden defects set out in 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 so reduce this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them ".
The action resulting from hidden defects must be brought within two years from the discovery of the defect.
The Customer may decide to implement the guarantee against hidden defects in the item sold by choosing between the resolution of the sale or a reduction in the sale price in accordance with the provisions of Article 1644 of the Civil Code.
6.2. Legal guarantee of conformity
The Products offered are also subject to the legal guarantee of conformity provided for in Articles L 217-4 et seq. of the Consumer Code:
“ The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery .
It is also liable for any lack of conformity resulting from the packaging of the assembly instructions or the installation when this has been placed in its charge, by the contract, or has been carried out under its responsibility.
The action resulting from lack of conformity is prescribed within two years from the delivery of the Product.
In accordance with Article L217-7 of the Consumer Code, defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
Article 7. Personal Data
The execution of the services by ROSEANNA requires the Client to provide Personal Data.
This Personal Data is collected by ROSEANNA in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Law No. 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018 on the protection of personal data and Order No. 2018-1125 of 12 December 2018 under the conditions defined in the Privacy Policy.
Article 8. Liability
The equipment (computer, software, telecommunications means, etc.) enabling access to the Website are the exclusive responsibility of the Client, as are the telecommunications costs incurred by their use.
The Customer acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole. In the event of inability to access the Website, due to technical problems or any other nature, the Customer will not be able to claim damages and will not be able to claim any compensation.
ROSEANNA has taken all necessary precautions to ensure that all Products have been correctly described. However, it is specified that:
- the weights, measurements, sizes, and capacities indicated on the Website are given only as an approximation;
- although ROSEANNA attempts to present on the Website the actual colours of its Products, the colours that the Customer sees will depend on the computer screen used and the display configurations and ROSEANNA cannot therefore guarantee that the colour display by the screen corresponds exactly to the colour of the products that the Customer will receive.
The hyperlinks on the Website may refer to other websites and ROSEANNA cannot be held liable if the content of these sites contravenes current legislation. Similarly, ROSEANNA cannot be held liable if the Internet user's visit to one of these sites causes harm. It is also recalled that the consultation and/or use of these sites and external sources accessible via these hyperlinks are governed by their own conditions of use.
The Customer acknowledges and accepts that the prices of the Products are likely to vary between the Website and the stores, and that under no circumstances can this price difference form the basis for a request for a total or partial refund of the Products purchased either on the Website or in stores.
In any case, ROSEANNA cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law, or to the act of the consumer.
Article 9. Force Majeure
Neither party shall be held liable if the execution of the contract is delayed or prevented due to force majeure or unforeseeable circumstances, due to the actions of the other party or a third party, or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 10. Intellectual Property
ROSEANNA is the exclusive owner of the intellectual property rights to the Products offered on the Site or in physical stores, to the brands, service marks, shape marks, designs and models and copyrights associated with the Products, to the Website and all its elements, in particular to the visual and graphic identity, to its design, to its ergonomics, its functionalities, to the software, texts, animated or still images, sounds, know-how, designs, graphics and to the names, acronyms, logos, or other signs that could be used, produced or used by ROSEANNA.
It is prohibited to use the trademarks, images, designs or any other element over which ROSEANNA holds intellectual property rights.
In addition, the intellectual property rights on the documents contained on the Website and each of the elements created for this Website are the exclusive property of ROSEANNA, which does not grant any license or any other right than that of consulting the Website. The reproduction of any page or content of said Website is subject to prior written authorization from ROSEANNA except in the case of private copying.
Reproduction of any documents published on the Website is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
You may also not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Software.
It is also prohibited to modify the software or to use modified versions of the software and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the service and to access the site by any means other than through the interface provided to you by ROSEANNA for this purpose.
The Website and any software necessarily used in connection therewith may contain confidential information protected by applicable intellectual property law or any other law.
Article 11. Applicable law and jurisdiction
These General Conditions of Sale are subject to French law to the exclusion of any other applicable international convention including the Vienna Convention on the International Sale of Goods of April 11, 1980.
Any legal action relating to the conclusion, interpretation, execution or termination of this contract shall be within the jurisdiction of the Court of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product in accordance with Articles 42 and 46 of the Code of Civil Procedure.
In the event of a dispute in the context of the execution of these General Conditions of Sale, the Customer may, before any legal action, resort to a conventional mediation procedure or any other alternative method of dispute resolution with a view to an amicable settlement.
The mediator appointed by ROSEANNA is the company MEDICYS (medicys-consommation.fr; MEDICYS – 73, Boulevard de Clichy – 75009 PARIS).
It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal actions.
Article 12. Miscellaneous provisions
12.1. Entire Agreement
The Parties acknowledge that this Agreement constitutes the entire agreement between them and supersedes any prior offer, provision or agreement, whether written or oral.
12.2. Nullity
If any of the clauses of these General Conditions of Sale proves to be null or inapplicable under a law or regulation or following an enforceable decision of a court or competent authority, the Parties expressly agree that this contract will not be affected by the nullity of the aforementioned clause.
12.3. Waiver
The failure of either Party at any time to require strict performance by the other Party of any provision or condition of this Agreement shall not be deemed to constitute a definitive waiver of such provision or condition.
You have the possibility to download the General Conditions of Sale