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TERMS OF SERVICE
40 bis, rue du Faubourg Poissonnière - 75010 PARIS
Between the undersigned:
The Company ROSEANNA SWIM, French Société par actions simplifiée, having a share capital of 152,470 euros, registered in the Trade and Companies Registry of Paris, under the number 498 972 967, having its registered office at 40 bis, Rue du Faubourg Poissonnière – 75010 Paris, represented by its Chairman
Hereinafter referred to as “ROSEANNA”, on the one hand,
Any individual person, browsing, acknowledging, reserving, ordering and/or buying one or more products on the website www.roseanna.fr
Hereinafter referred to as the “Client”, on the other hand,
Please, read carefully these Terms of service which determine the conditions you accepted by ordering on the website www.roseanna.com. The purchase of a Product on the website and the fact to click the sentence “I agree to the terms of service and will adhere to them unconditionnaly” imply the Client’s unreserved knowledge and acceptance of these Terms.
You acknowledge that these Terms of service are as enforceable as any other written agreement that you may have concluded, and shall prevail upon any other document. If you do not agree with these Terms, you are not authorized to order the Products on the Website www.roseanna.fr.
The amendments made to the Terms of service are enforceable against the Client upon their publication online on the Website and cannot be applied to the transactions completed prior to that publication.
Article 1. Definitions
The following words shall have the following meanings in these Terms of service, in the singular or in the plural:
Clientmeans any individual over eighteen years old legally entitled to contract, considered as a consumer, meaning he acquires the Products for his own personal use and not in the frame of his potential professional activity, and who browses, acknowledges, reserves, orders and/or buys a Product offered on the Website.
Personal Data means any personal data that directly or indirectly identifies the Client according to the regulations in force.
Product means any product offered on the Website which includes but is not limited to clothing and fashion accessories.
Terms of service mean these Terms accepted by the Client.
Website means the infrastructure developed by ROSEANNA and available at www.roseanna.fr.
Article 2. Order
In order to place an order on the Website, the Client shall select the Products he wishes to purchase, by adding them to the shopping cart.
Once the selection of the Product completed, the Client shall click on “View the Cart” to confirm his order. A shopping cart summary is then displayed. The Client may modify the quantity of the Product or delete a Product.
2.2.Creation of an account
The creation of the account implies creation of login (email address, and password chosen by the Client. The Client acknowledges that his login and password are strictly personal and confidential. Therefore, he shall refrain from sharing them with third parties.
In case of suspicion of fraudulent use of his login, the Client shall immediately inform ROSEANNA by email via the following address: [email protected]
In any case, the communication of the credit card number online or other banking information and the confirmation of the order and his payment shall be deemed proof of the whole order, in accordance with the provisions of Law No. 2000-230 of 13th March 2000 adapting the rules on evidence to information technologies and electronic signature, and shall make the price of the order payable.
It is expressly agreed that, unless obvious error from ROSEANNA, the data stored in the computer systems of ROSEANNA, in reasonable security conditions, constitute valid evidence of the orders made by the Client. The data stored on computer or electronic devices constitute valid evidence and are admissible as such under the same conditions and with the same probative value than any document that would be drafted, received and kept in writing
The Client guarantees that the data communicated is accurate and in accordance with reality.
ROSEANNA shall not be held liable for inability to perform its obligations, and especially to deliver the Products, if such failure is due to the provision of false information by the Client.
2.3.Completion of the order
When the Client is registered on his account, he shall select his payment and delivery method and shall confirm the order by clicking on “Pay the order”.
After the validation of the order and the payment of the Product, a confirmation of the order is communicated by ROSEANNA by email, summarising the references of the Products ordered and the following information:
- The price of the Products;
- The quantity to be delivered;
- The date and time of the order;
- The date or period by which ROSEANNA undertakes to deliver the Products;
- the Delivery costs for the delivery of the Products;
- the payment method chosen by the Client; and
- the withdrawal period for the Client and the way to exercise this right.
The Client shall promptly check the content of the summary and immediately notify ROSEANNA of any errors or omissions.
The Client is informed that ROSEANNA reserves the right to refuse any order from a Client for legitimate reasons, especially if the quantities ordered for the same Product are unusually high for clients who are consumers.
If exceptionally the Product becomes unavailable after the confirmation of the order, the Client will be informed by e-mail as soon as possible of the cancellation of his order. He will be refunded the amount of the price of the Product that has become unavailable as soon as possible and, at the latest, within 14 (fourteen) days following validation of the order.
Article 3. Price and payment
The prices of the Products on the Website are indicated in Euros (€) all taxes included for Products ordered on www.roseanna.fr/fr. The price of the Products delivered in France include the VAT applicable on the day of the order. The price does not include shipping costs.
If one or several taxes or contributions are created or amended, and increased or reduced, this change can be applied on the sales price of the Products.
The prices of the Products on the website www.roseanna.fr/us are indicated in dollars.
The Client chooses his payment method. The payment can be made either by Credit Card (mastercard and visa) or via Paypal. The Client will be redirected to a secure interface corresponding to the payment method chosen.
In the event of payment via Paypal, the Client expressly acknowledges having read and accepted the general terms and conditions of Paypal, which is only liable for processing personal data relating to the means of payment entered by the Client.
The Client acknowledges he is fully entitled to use the payment method he selects.
ROSEANNA remains the owner of the Product sold until full and effective payment by the Client of the price. Until full payment of the price, the Client shall not encumber the Product with a pledge or collateral security or use them as guarantee.
These conditions have no effect on the transfer to the Client, at the time of the delivery of the Products, of the risks of loss or deterioration of the products subject to the retention of title clause, as well as of the responsibility for all damages and prejudice they may cause.
Article 4. Delivery
The Products are shipped to the delivery address indicated in the order.
The Product can be delivered, at the Client choice:
- At the indicated address by Chronopost: in the event of absence of the Client at the time of Delivery, a delivery notice is left to the Client and he shall collect the Products to the post office;
- In relay point: in case of non-withdrawal of the Products by the Client, the order is cancelled, and the Client refunded within fourteen (14) days;
- Or in ROSEANNA’S store: in case of non-withdrawal of the Products by the Client, the order is cancelled, and the Client refunded within fourteen (14) days;
The price of the delivery is indicated to the Client when he selects the delivery method.
The delivery takes place within the time specified in the order.
In the event of delay in the delivery beyond the date specified in the order and not due to any force majeure event, the Client may terminate the order by registered letter with confirmation receipt, if, after having required from ROSEANNA to make the delivery within a reasonable additional period, ROSEANNA has not complied with the request.
In accordance with article L216-1 of the French consumer Code, the contract shall be deemed as terminated upon receipt by ROSEANNA of the Client’s letter notifying the decision to terminate the contract, only if the delivery has not occurred in the meantime. In the event of termination, ROSEANNA will reimburse the Client in 14 days, at the latest, following the receipt of the registered letter.
4.4.Reception of the Products
Upon delivery of the Products, the Client shall check:
(i) That the number of delivered packages matches with the indication of the shipping document and the invoice;
(ii) That the package is not damaged nor wet or altered in any manner whatsoever, including the material used to close the package.
The Client shall immediately notify to ROSEANNA the potential damages to the package and/or the Products or an error about the number of packages or the non-conformity of the indications, by writing it on the delivery confirmation receipt. After signature of the delivery notice, the Client may not make any claim as regards the exterior aspect of the delivery.
When the Client orders Products to be delivered outside of the European Union, he may be subject to import taxes and obligations, which are collected when the package is delivered.
Any sale of Product outside of the European Union is not subject to VAT.
Any additional custom taxes is borne by the Client; ROSEANNA has no control whatsoever on these taxes.
The customs regulations vary a lot from one country to the other, the Client has to contact the local custom services for more information. Moreover, when the Client orders on the Website, he is considered as being the official importer and must comply with all laws and regulations of the country in which it receives the Products.
Article 5. Withdrawal / Return of the Products
The Client has a withdrawal period of thirty (30) days from the date of delivery to return, at his own cost, the Products he ordered, for any reason whatsoever. This period starts from the day of receipt of the Products, at the indicated address or at the relay point, if any, the dated delivery notice being deemed as the proof.
In this case, the Client shall notify the withdrawal by email, or by mail, to the address indicated in the preamble to the Terms of service, by writing a letter or using the standard withdrawal form sent to the Client with the order summary.
The withdrawal can also be made online, via the Client account:
- Connect to the Client account via the following link:https://roseanna.fr/fr/fr/mon-compte
- Go to the order history;
- Select the order in which the Product(s) to be returned is(are) listed;
- Select the returned Products in the order and validate.
The Client will receive an email confirming the receipt of the withdrawal within two (2) days following such receipt. Following the receipt of this email, the Client shall:
- Go on his account, in the webpage “My Returns” to print the return form to be included in the package;
- Send the package to the following address:
LNVA / Roseanna E-Shop
17, rue du Vertuquet
The Products must be returned in their original packages which will have been properly opened, with the delivery notice and/or the order form to certify these are Products purchased on the Website.
The return of the Product(s) will be made by the Client to the address indicated within fourteen (14) days following receipt of the email confirming the receipt of the withdrawal.
The Client bears the costs and the risks of return.
After receipt and verification of the Products, ROSEANNA will refund the Client within a maximum of 14 (fourteen) days, by reallocating the amount paid to the credit card used for the purchase. If applicable, delivery charges that are more expensive than the standard delivery charges will not be refunded in accordance with Article L221-28 of the French consumer Code.
In the Products returned are damaged, ROSEANNA may ask the Client to pay compensation corresponding to the replacement or repair of the Products.
In accordance with Article L 221-28 5° of the French consumer Code, the right of withdrawal is excluded for Products that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
Article 6. Warranties
6.1.Warranty against hidden defects
The Products offered by ROSEANNA are covered by a warranty against hidden defects mentioned in article 1641 of the French Civil Code “The seller is bound by a warranty in case of hidden defects of the object sold that make it not suitable for the intended use, or that diminish its value to the extent that the buyer would not have bought it or would have both it for a lower price had it known”.
Any judicial action for hidden defects must be initiated by the Client within two years from the discovery of the defect.
The Client can decide to invoke the warranty for hidden defects by choosing between the cancelation of the sale or the reduction of the selling price accordingly with the terms of article 1644 of the French Civil Code.
6.2.Legal warranty of conformity
The Products offered on the Website are also subject to a legal warranty of conformity under articles L217-4 and seq of the French consumer Code.
"The seller is required to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging of assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility”.
The action resulting from defects of conformity shall be initiated by the Client within two years from the delivery of the Product.
In accordance with Article L217-7 of the French consumer Code, defects in conformity which appear within 24 months from the delivery of the Products are presumed to exist at the time of delivery, unless proven otherwise.
Article 7. Personal data
The performance of the services by ROSEANNA requires the Client to provide Personal Data.
Article 8. Liability
The equipment, (computer, software, telecommunications equipment) used to access the Website are the sole responsibility of the Client, as are the telecommunications costs incurred by their use.
The Client acknowledges and accepts that no one can guarantee the proper functioning of Internet. In the event of impossibility of access to the Website, due to technical problems or of any nature, the Client may not claim any damage and may not claim any compensation.
ROSEANNA has taken all necessary precautions to ensure that all Products have been described correctly. Nevertheless, it is specified that:
- the weights, measures, sizes, and capacities indicated on the Website are given only for information;
- although ROSEANNA attempts to present on the Website the actual colours of its Products, the colours that the Client sees will depend on the computer screen used and the display configurations and ROSEANNA cannot therefore guarantee that the colour displayed on the screen corresponds exactly to the colour of the Products received by the Client.
The Client acknowledges and accepts that the prices of the Products may vary between the Website and the stores, and that this difference shall in no case give a right to a reimbursement, total or partial, for the Products purchased on the Website, or in stores.
In any case, ROSEANNA cannot be held liable in case of non-performance of its obligations would be attributable either to (i) the unforeseeable and insurmountable circumstance of a third party to the contract or to a case of force majeure as defined by French case law or (ii) to the Client.
Article 9. Force Majeure
Neither party shall be liable to the other party in the event of a force majeure event, due to external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, without this list being exhaustive.
Article 10. Intellectual Property
ROSEANNA is the exclusive owner of all intellectual property rights on the Products, offered on the Website or in stores, on the trademarks, services marks, shape marks, designs and copyrights related to the Products, on the Website and any other element, notably the visual and graphic identity, its design, its functionalities, its software, texts, still and animated images, sounds, know-how, designs, graphics and names, acronym, logos or any other sign that might be used or created by ROSEANNA.
It is forbidden to use the trademarks, images, designs or any other element upon which ROSEANNA owns Intellectual Property Rights
The intellectual property rights in the documents contained on the Website and each of the elements created for this Website are the exclusive property of ROSEANNA. ROSEANNA does not grant any license or any right to the Client other than the right to browse the Website and place orders for Products.
The reproduction of any page or content of this Website is subject to prior written authorization from ROSEANNA except in the case of private copy according to French law.
The reproduction of any page, content or documents published on the Website is only authorized for the exclusive purpose of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited by ROSEANNA.
It is prohibited to copy, modify, create a derivative work, reverse the design or assemblage or in any other way attempt to find the source code (except as provided by law), sell, assign, sub-license or transfer in any way any rights relating to the software.
It is prohibited to modify the software or use modified versions of the software and in particular, without this list being exhaustive, in order to obtain unauthorized access to the Website and to access to the Website by any means other than through the interface provided to the Client by ROSEANNA for this purpose.
The Website and any software necessarily used in connection with it may contain confidential information protected by current intellectual property rights or any other law.
Article 11. Governing law and litigation
These Terms of service are subject to French law, to the exclusion of any other applicable international convention, including the Vienna Convention on the International Sale of Goods from 11th April 1980.
Any legal action relating to the conclusion, interpretation, performance or termination of this contract shall be subject to the jurisdiction of the Court of the place where the defendant is domiciled or, at the option of the plaintiff, where the product is actually delivered in accordance with Articles 42 and 46 of the Code of Civil Procedure.
In the event of a dispute in connection with the execution of these Terms of service, the Client may, before any legal action, use conventional mediation procedure or any other alternative dispute resolution method with a view to amicable settlement.
The mediator appointed by ROSEANNA is 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 proceedings.
Article 12. General Terms
12.1. Whole contract
The Parties agree that these Terms of service fconstitutes the whole agreement entered between them and replaces all offer, term or agreement previously made, in writing or verbally.
In case any provision in this Terms of service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Either party’s failure to enforce any provision of this contract shall not in any way be construed as a waiver of any such provision, or prevent that party thereafter from enforcing each and every other provision
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