The Internet site www.palaisdurosaire.com (hereinafter "the Website") is a space for online commerce providing a service to order products remotely then prepared and delivered by a carrier (hereinafter "the Service"), under the conditions defined below.
The company Rosaire Web Store is the internet sales company of Palais du Rosaire. It is active in the creation, the implementation and the commercial use of the merchant website of PALAIS du ROSAIRE called www.palaisdurosaire.com including sales and back-office operations, on its belhalf for its customers, as well as related activities such as the promotion of the website and the products sold.
These general conditions of sale are agreed upon on one side by the company Rosaire Web Store, the offeror and on the other side, by any person of full age (hereinafter called "the Customer") located in one of the delivery areas covered and willing to make a purchase on the Website for a minimum amount of 8 € (cost of goods tax included excluding delivery costs), concerning any item listed on the Website and for a phone, fax, postal mail, e-mail or online order. The contract resulting from the Customer actual order falls under the regulation of the remote sale, as derived from the legal and regulatory provisions in force in France at the time of the order, as well as the provisions described below.
When ordering, the Customer acknowledges and accepts the General Conditions of Sale of palaisdurosaire.com website He certifies to have the order capacity, and acknowledges having previously read and unconditionally accepted the general conditions of sale applying to the purchase at the time of ordering.
• These general conditions of sale will prevail over any other general or special conditions not expressly accepted by Rosaire Web Store.
The conditions of sale apply to the orders made for the entire duration of their availability online. Rosaire Web Store reserves the possibility of modifying its conditions of sale at any time without prior notice to the Customer.
The applicable and justiciable conditions to the Customer will be those in force at the time of the effective validation by the Customer of the order registered on the Website.
These general conditions complement the section "Personal data & Cookies" in force for the Customer
Every product offered on the Website is subject to a sheet available by clicking on the name or the picture of the relevant product. This sheet, written based on data given by Rosaire Web Store, displays the key features of the selected item in accordance with Article L.111-1 of the French Consumer Code.
These details, although not exhaustive, are meant to inform the Customer in the most comprehensive manner possible on the key features of the products. Mainly containing information displayed on the potential packaging, subject to change by the manufacturer or supplier at any time, sometimes without notice, these indications may be subject to small variations and cannot therefore be a substitute for the information displayed on the product packaging, the only valid data to which the Customer is prompted to refer, especially in the event of food intolerance.
The Customer is informed that the Service can accept if there are promotional benefits expressly stated for the Website and materialized for instance by assigning a promo code. The potential discounts do not apply on strike-through prices. Discounts and benefits cannot be used together.
The product offers displayed on the Website are available while stocks last. It is also possible that one or more product(s) ordered on the Website www.palaisdurosaire.com are not available at the tim-e of order preparation. In this case, the amount of the order validated by the Customer and correlatively the price that will effectively be charged will be recalculated taking into account the shortages and/or, if any, the price of the products substituted – provided that this substitution, previously accepted, is possible.
5.01.Service Access – Customer Account
The purchasing of products and services offered on the Website requires the possession by the Customer of a computer and an internet access, the possible connection and Website use costs remaining borne exclusively by the Customer.
The orders are made on the Website under the following link : www.palaisdurosaire.com. The Customer accepts the use of the Service provided by Rosaire Web Store as it is.
The Customer willing to use the Service explicitly pledges not to use false information or information of third parties.
5.02 Order process
If the Customer wants to purchase one or more item(s), he should select a model or its reference, specifiy the quantity and click on « cart ». The cart provides an overview of the Customer selection and allows to modify the order.
• Once all the items are selected, the Customer finalizes the content of the shopping cart, if necessary modifies the quantities, add or delete products. After setting up the cart, the Customer shall validate it by clicking on « order »; an overview of all the elements related to the order will then be displayed. All prices indicated in this overview include VAT.
The Customer can enter a promo code if he has any. A single code can only be used per order. Promo codes cannot be used together.
Once this step is complete, the Customer shall create a personal Customer Account (if new Customer) or shall log in, using the already existing Customer Account.
Step 2: Your delivery for the "CART"
• Specify the delivery mode
• Validate the delivery, after checking the « delivery information » (address) for home delivery, by clicking on the button « Validate and continue ». Validate the delivery to a Pick-Up & Go location.-
Step 3: Overview and payment
• An overview of all the elements related to the order is then displayed.
• The Customer agrees to the general conditions of sale by clicking on the button « Validate and pay » « Order with payment obligation ». As soon as the Customer confirmed the order by clicking on the button, it is considered that he knowingly accepted the content and the conditions of the particular order and especially these general conditions of sale, and the order implying a payment obligation from him.
• The Customer should choose the method of payment among those suggested and pay the amount of the order. An order number will be assigned to the Customer. Rosaire Web Store will keep the registration of the order as a proof of the contractual relationship between the parties. The Customer will receive a confirmation or cancellation e-mail after checking with the payment centre. In case of refusal by the payment centres, the order is not accepted and the Customer is notified via a screen message. He could also receive an e-mail suggesting him to reach Rosaire Web Store by phone at 05 62 94 66 17 to give him another payment option.
The order shall be validated only once the Customer pays all the amount.
When the payment centre gives its agreement, Rosaire Web Store confirms to the Customer, per e-mail, the acceptance of the order. This message summarizes the total amount of the order, the date, and delivery mode, is only valid subject to change or availability under the conditions as provided herein. Rosaire Web Store recommends the Customer to keep a soft or hard copy of the e-mail. The order gets the status « Confirmed ».
Rosaire Web Store reserves the possibility not to accept an order, for just cause, due for instance, to a predicted problem related to the required delivery or the abnormality of the order. Any new order from a customer that may be in arrears, in dispute due to repeated failures in delivery or provision of previous orders, but also in case of fraud or attempted fraud related to the use of the Website, including on the occasion of previous orders, could be refused. In the event that an order should not be accepted, Rosaire Web Store informs the Customer by any means.
5.03 Customer Account
Any new Customer shall create a personal Customer account by entering personal data in the space provided to fill the registration form where he shall include, according to the indication asked online and in the spaces provided, the mandatory information for the consideration of the registration, namely the civil status, first name, surname, date of birth (optional), valid phone number and e-mail address, password, delivery address, city, country.
Through his subsequent visits or orders on the Website, the Customer will have access to his account by entering the e-mail address and password as defined at the registration phase. Should the Customer forget the password, he can click on "Forgot password". After identity check, the Customer shall receive his password directly via e-mail.
Once registered, the Customer will have access at any time to the features given by the Customer Account, allowing him to check:
• Personal information
• The pending order: As of the order validation, and until delivery, the Customer shall check the list of purchases and track the order. The order can have different statuses: Confirmed, Payment accepted, In preparation, Shipped, Delivered.
• The orders history
The Customer is informed that, in default of payment of the sums due for any order, Rosaire Web Store may suspend ipso jure and without delay the validity of the login information (e-mail address and password) and the access to the customer account.
5.04. Order limits
For stock management reasons, Rosaire Web Store could limit the order from the Customer of the same product to a certain amount.
Rosaire Web Store took every reasonable precaution to ensure that the prices displayed on the Website are correct. It may be, however, that errors occasionally occur. In case of apparent pricing error, Rosaire Web Store reserves the right not to accept your order. Should we discover an apparent pricing error before shipping the products, we could either let you know as soon as possible or decide to refuse your order. In the first case, you will be given the possibility to reconfirm your order at the corrected price or to cancel your order. Should we decide to refuse your order, you will be reimbursed or the amounts possibly charged on your credit or debit card will be recredited.
The product prices are those displayed on the Website at the time of order.
The product prices are prices including tax in euros including VAT. They do not include the shipping costs, charged in addition. Any change in the VAT rate could be reflected in the product and service price.
The shipping costs, added to the total amount of the order, are mentioned on the order overview.
Rosaire Web Store reserves the right to modify its prices at any time, without notice, however provided that the price displayed on the Website the day of the order shall be the only one relevant for the Customer. The prices offered on www.palaisdurosaire.com can differ from those charged in our Palais du Rosaire shops. By accepting the general conditions of sale, the Customer accepts to pay the price of the items as displayed on the Website the day of the order.
The payment may be made :
By credit card : the bank cards accepted by Rosaire Web Store are as follows : credit card, Visa, Master Card, issued by a bank or financial institution. The communication by the Customer of his card number shall imply authorization for debiting the account up to the order amount. Any transfer of information tied to the payment occurs in a secure context, using the existing protocols on the Internet, on the server of the provider of Rosaire Web Store, being Banque Société Générale.
By PayPal, a pay service provider specialized in the issuance of e-money between the Buyer and a third party entity. PayPal ensures the confidentiality of the Buyer’s bank details. Therefore, the Buyer’s financial information are never shared with us. PayPal encrypts and protects the card number. The Buyer pays online simply by entering the e-mail address and password.
For any method of payment, the amount of purchases shall be settled in full and in a single operation the day of order. The orders will be validated and processed, once the payment is accepted, by the relevant banking centres (for credit card, visa, Eurocard, Mastercard payments) or upon receipt of payment (PayPal).
The Customer ensures Rosaire Web Store that he has the necessary authorization to use the mode of payment he chose for the order, upon order registration. The products ordered shall remain the property of Rosaire Web Store until full payment of the price by the Customer.
Modes of transport: The orders can be delivered in France and countries within and outside the EEC under the rates indicated when selecting the delivery mode. Rosaire Web Store reserves the right to choose the proper mode of transport. The geographical area covered for every sale could vary depending on distribution agreements of each supplier referenced as well as modes of delivery.
It is expressly agreed that transfer of ownership of the ordered goods shall become effective from the moment they leave our premises. Therefore, the buyer accepts to bear all the risks, notably transport-related, except the case of transport provided by the seller or by one of its agents. The buyer is responsible for, if any, customary reserve before accepting delivery.
The products shall be delivered at the address indicated by the Customer, at the moment of the order. As a result, the data sent by the Customer are considered to be correct and will not engage, in case of dispute, the liability of Rosaire Web Store. Rosaire Web Store shall not be, in any way, held liable in case the delivery cannot be made due to a wrong address given by the Customer. In that event, all costs incurred for a new delivery shall be borne by the Buyer and billed at the actual cost.
A package reported delivered by the data system of La Poste or by any other carrier chosen by the Customer (as proof of delivery) shall not be subject to a complaint to our services.
All orders matter. We make every effort to have it delivered as soon as possible : orders are generally processed within 48 working hours and delegated to the postal services by Colissimo within 24 hours following these 48 hours.
The average delivery time is 72 hours (working hours) for mainland France. Except in some extreme circumstances (strikes, bad weather, orders of the prefect or peak periods). The delivery time is only given indicatively and shall not constitute a firm commitment on our part. We work with carriers with a high-reliable service. Nevertheless, it may be, as in any shipment, that a late delivery occurs or that the product gets lots. In case of significant delay in delivery, Rosaire Web Store urges you to report this delay by calling 05 62 94 66 17 or sending an e-mail to firstname.lastname@example.org. Rosaire Web Store will then contact the carrier chosen by the Customer to start an investigation. An investigation can take up to 30 days from the starting date of the investigation. Should the product be located within this period, it will be immediately routed back to your place (most cases). If, however, the product is not located at the end of the 30-day investigation, we shall ask the carrier to report the package as lost. Only then could Rosaire Web Store send back a substitute product, at its own costs. If the product(s) ordered is/are not more available at this moment, Rosaire Web Store shall refund the amount of the products concerned by the loss of the carrier.
Home delivery is offered via Colissimo or Chronopost under the following conditions :
Free shipping over 59€ only concerns orders in mainland France and shall be undertaken exclusively by standard carrier, in our case the Colissimo service without signature. Free shipping is not offered for shipments in express transport.
• Colissimo : Delivery takes place from Monday to Friday, to the address given by the Customer when ordering. In case of absence and of a postbox too narrow, the carrier drops off the package at the nearest post office. You can pick up the package within 15 days. If you do not pick up the package within 15 days, the package shall be automatically returned to Rosaire Web Store that reserves the right to refund the price within 30 jours, the delivery costs still being borne by the Buyer.
• Chronopost if the option is available at destination : Delivery rates shall be calculated as soon as the Customer specifies the country to which he wants to get the delivery. In case of absence of the Customer during the delivery, the carrier shall leave a transit advice note at the given address. The delivery shall be picked up at the address and in the manner indicated by the carrier. In case of no pick-up within the allotted time by the carrier, the order shall be returned to Rosaire Web Store, that reserves the right to refund the price, the delivery costs still being borne by the Buyer.
In a Pick-Up & Go location if the option is available at destination : The Customer receives, when the order is shipped, an e-mail with a tracking number. The Customer can track the package delivery using the link given by e-mail. In case of no pick-up within the allotted time by the carrier, the order shall be returned to Rosaire Web Store, that reserves the right to refund the price, the delivery costs still being borne by the Buyer.
7.04. Export orders and Customs duties
Any order shipped outside the European Union and French overseas territories shall be automatically billed without tax. The import procedures, customs duties and potential taxes related to the delivery of an item outside the European Union and French overseas territories, are borne by and fall within the exclusive responsibility of the Buyer. They shall be paid to the relevant authorities of the country of delivery. The Buyer is solely responsible for checking the import possibilities of the products ordered under the law of the country of delivery. Rosaire Web Store is not obliged to check and inform the Buyer about the customs duties and applicable taxes. To know them, Rosaire Web Store recommends the Buyer to seek information from the Authorities. Please be aware that by ordering on the Website, you are considered as the importer of record and obliged to respect all laws and regulations of the country where the goods are to be received. Cross-border deliveries can be subject to an opening and inspection process by the customs authorities.
Reception of products: The Customer is advised to check the state of the products received before signing the delivery note where appropriate. Once the note signed, Rosaire Web Store shall consider that the Customer carried out that check.
8.01.Legal withdrawal period
Under the provisions of the articles L.221-18 and following the French Consumer Code, the Customer shall have a withdrawal period of fourteen (14) days from the product reception to exercise the legal right to withdraw and therefore signal to Rosaire Web Store his intention to return the product.
8.02.Procedure for the exercise of the right to withdraw and return procedure
To do so, the Customer should contact the Customer service within fourteen (14) days following the reception of products, notably by using the return form available on the Website. In this regard, reach « My account » then « History and details of my orders», and click on details and select the product(s) that you want to return, then specify the reason for return and click on generate a return.
We will receive a notification by e-mail, letting us know that you want a return. Depending on the reason for your return, we will validate your request and you will receive a notification by e-mail precising the status change of your order to "Waiting for the package". In accordance with Article L.221-23 of the French Consumer Code, the costs to return the products shall remain borne by the Customer, except in the case of lack of conformity or misdelivery of the products compared to the order (in this case, the return costs shall be borne by Rosaire Web Store.
The products shall be returned unopened, unused, in perfect condition and in the original packaging (including accessories and user manual) at the following address: Rosaire Web Store, Service retours, 64 Boulevard de la Grotte, 65100 Lourdes France. Once the package is received, you will be notified about the proper receipt. From there, we shall make a full, partial refund or ship a new product depending on your request.
The product could also be returned in store at Palais du Rosaire in Lourdes, together with the invoice, in perfect condition for resale.
In the absence of compliance with time requirements, Rosaire Web Store could not refund the Customer. Besides, the products shall include a return slip available for download in the customer section, specifying also the order number. The Customer is informed that the use of the return slip makes the return process easier for Rosaire Web Store. The Customer is prompted to use this return slip.
The return costs shall always be borne by the Customer. The refunds shall occur by crediting the bank card of the Customer or by bank cheque.
Depending on the reason for the return request, we shall be entitled to refuse this request.
Provided that acceptance occurs, Rosaire Web Store shall defer the refund of the Customer until the goods are retrieved. In case of return of a damaged, incomplete or used product, it shall be neither exchanged nor refunded. The Customer is only liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and, if applicable, functioning of the products.
8.03 Products excluded from the legal withdrawal period
In accordance with Article L.221-28 of the French Consumer Code, the Customer does not have the benefit, for the order of products that, by their nature, cannot be reshipped or would likely rapidly deteriorate or expire, of a right to withdraw to return the order. This includes particularly :
• goods whose original packaging shall be unsealed, including any cosmetic product that shall be opened or damaged, by the Customer after delivery, since they cannot be returned for health and safety reasons.
• audio or video recordings or unsealed computer software, by the Customer.
All the products supplied by the seller benefit from the legal guarantee provided for in Articles 1641 and following of the French Civil Code (warranty against latent defects) and Articles L.217-1 to L.217-14 and L.411-1 to L.411-2 of the French Consumer Code (guarantee of compliance).
When the Customer is acting according to the legal guarantee of conformity: He is given a period of 2 years from the product delivery to act. He can choose between the restoration or the replacement of the good, under certain cost conditions provided for in Article L.217-9 of the French Consumer Code. He shall be exempted from providing evidence of the lack of compliance within 24 months following the good delivery. The legal guarantee of conformity applies regardless of the potential commercial guarantee.
The Customer can decide to implement the warranty against latent defects of the thing sold under Article 1641 of the French Civil Code ; in this case, the Customer can choose between the sale cancellation or a reduction in sales price under Article 1644 of the French Civil Code. The Customer is solely liable for the choice of Products, of their preservation and their use. The Seller shall not be considered as liable nor faulty for any delay or nonfulfilment resulting from the occurrence of an extreme circumstance commonly know by the French courts.
In case of non-compliance/latent defect of a product sold, it could be returned for refund according to the legislation in force.
9.02.Exclusion of guarantees
Products modified, repaired, integrated or added by the Customer are not covered by the guarantee. Apparent defects shall not be covered by the guarantee. The guarantee shall not cover returned products damaged during transportation or due to misuse.
The products available on the Website comply with French law and standards in force. Rosaire Web Store cannot be held liable for nonfulfilment or improper fulfilment of the contract between the parties under any extreme circumstance, the occurrence of an act attributable to the Buyer or any inconvenience, predictable and insurmontable damage inherent in the use of the Internet.
Rosaire Web Store shall not be liable for any collateral damage that could occur due to the product acquisition.
In any event, liability of Rosaire Web Store is limited to the refund of the amounts paid for the goods purchase, without prejudice to any right or remedy.
The information furnished by the Buyer, at the moment of the order, are at his full responsibility.
The Customer of the Website acknolewdges that Rosaire Web Store implemented in full its obligation to counsel and inform regarding the key characteristics and the working modalities of the Website. The Customer ensures Rosaire Web Store from prosecution in this matter.
Rosaire Web Store shall not be liable:
•in case of false information or data input error by the Customer
•in case of misuse of the login information or the order operating mode by the Customer
•in case of apparent display error of a very low price.
Rosaire Web Store, at all stages of the online selling process, is only held under an obligation of means; it cannot be held liable for technical or material errors, or any direct or collateral damage, notably data loss, intrusion, virus, disruption of service, other unwanted issues or extreme circumstances resulting both from the use of Internet and the Website.
Rosaire Web Store disclaims all liability:
•for any interruption of the Website;
•for bug occurrence;
•for any damage resulting from unauthorized tampering by a third party causing a modification in available information on the Website;
•and more generally for any, direct or collateral, damage, regardless of the causes, origins, nature or consequences, caused by anyone’s unauthorized access to the Website or the inability to access it, as well as the use of the Website and/or of credence given to any information directly or indirectly coming from the latter.
Besides, Rosaire Web Store shall not be held liable for any damage or loss, caused or alleged to be caused by, or arising in connection with the access, the use or reliance on content, products and services available on these outside websites or sources.
Rosaire Web Store shall in no event and in no way be held liable for damage of any kind that could result from a misuse of the products sold.
Liability of Rosaire Web Store cannot likewise be implied for possible product modifications allegedly committed by manufacturers.
The photographs, graphics and descriptions accompanying the products have no contractual value and therefore cannot incur the liability of Rosaire Web Store. The Website being hosted by an external service provider.
The formation of the contract is conventionally set at the moment of the acceptance confirmation of the order from the Customer by Rosaire Web Store (Status: Confirmed), subject to actual payment. All the data supplied and the confirmation recorded by the Customer within the automatic recording systems of Rosaire Web Store allegedly serve as evidence for the transaction (content of the order, date) and for the acceptance to transfer immediately and decisively the order delivery to Rosaire Web Store.
All the elements (texts, logos, pictures, graphic and sound elements, software, icons, layout, data base,…) contained on the Website and the associated websites are protected by national and international intellectual property laws. These items remain the exclusive property of Rosaire Web Store and/or of it partners, related owners of intellectual property.
Any reproduction in full or in part of this content is strictly forbidden and may constitute copyright infringement.
It is also forbidden to decompile or disassemble the Website, to use it for the purpose of trade or public display or to be prejudicial in any way to copyright and intellectual property of Palais du Rosaire or of its partners.
Rosaire Web Store considers that the personal data of the Customer, that is to say first name, surname, postal address, phone number, e-mail address, card number such as any data given on the Website or caused by the browsing of the Customer are confidential data; In compliance with the legal obligations, Rosaire Web Store keeps this data under highly secure conditions and based on time limits proportionate for the purposes for which you gave them to Rosaire Web Store; more specifically to process the Customer orders via the Website, allow the Customer to benefit from the services offered by this Website, if applicable make Rosaire Web Store commercial proposals to the Customer, that could be of interest, or to transmit back to the Customer the data he could have asked to Rosaire Web Store through the completion of questionnaires or the sending of e-mails, through the section "Contact" or through any other equivalent section. Some data asked in forms are mandatory and are marked with an asterisk; if the Customer chooses not to share them, Rosaire Web Store shall not be able to process the order.
Use of personal data
Information collected through the form filled by the Customer or the use of the Website (browsing and login data), are needed to meet the Customer demands, and are meant for Rosaire Web Store, responsible for processing, for administrative management and commercial purposes as well as for its contract partners contributing to the provision of the services offered, notably for home delivery of the products.
They allow Rosaire Web Store to make, per e-mails, commercial proposals on its products and services that could be of interest to the Customer in accordance with the following provisions. The Customer can, at any moment, notify that he no longer wishes to receive such messages, by clicking on the link provided for this purpose, present when sending e-mails or by direct contact at the address mentioned below.
In accordance with the provisions of the Act of 6 January 1978 pertaining to computers, files and modified liberty, automated processing of personal data made from the Website Site are registered by the French National Commission on Informatics and Liberty (CNIL).
Exercise of the right of access
Any data, especially the copy of personal data collected or generated before, during or following the current transaction, may be made available to individuals exercising their right of access. A copy of personal data is provided free of charge to the Customer, provided that such a request is not manifestly unreasonable, notably due to a repetitive or systematic nature. Besides, Rosaire Web Store may however take the precaution to check the identity of anyone requesting to access to their personal data or follow up corrections.
The Customer can exercise his right to access, to rectification or elimination of his collected data or oppose the use of such data for direct marketing puroposes including commercial, as provided for by the revised French Act 78-17 of 6 January 1978 pertaining to "computers, files and liberty" by making an e-mail request at email@example.com.
Information on all orders are stored and archived for a maximum period of 10 years and can be used as evidence in case of dispute.
The purpose of traffic data and cookies files set on your computer by Rosaire Web Store is: to identify the Customer on a future visit, to customize the Website in the Customer’s name, to secure transactions that may be carried out by the Customer, to temporarily store the items the Customer wish to order, until the transaction and to allow Rosaire Web Store, in-house, to perform traffic analyses on information pages of Website to improve the content.
Data relating to the Customer’s browsing activities are not processed by name; these are aggregate statistics allowing to know the most and least popular pages, the favorite paths, the activity levels per day of the week and per hour of the day, the main errors of the customers or server. Without cookies, Rosaire Web Store cannot ensure some requests. If the Customers do not accept the cookies (through the section Tools/Internet Options of their browser), the storage period of such data in their computer is permanent.
Rosaire Web Store informs you that you can oppose the setting of "cookies" by setting up the browser in privacy or confidentiality mode.
The present conditions of online sale are subject to French law. Failling settlement, disputes on orders made on the Website come under the exclusive jurisdiction of French courts, notwithstanding the presence of more than one defendant or third-party complaints.
Without prejudice to any judicial proceedings, Rosaire Web Store has no obligation to make the Customer benefit from any discount whatsoever (sponsor vouchers, free shipping,...), if he clearly, by any means, acted fraudulently.
Furthermore, in accordance with Article L.616-2 of the French Consumer Code, Rosaire Web Store informs the Customer of the existence of the online platform by the European Commission which aims to collect the potential complaints due to an online purchase from European consumers and then transfer the received cases to the relevant national ombudsmen. The link is available at https://ec.europa.eu/consumers/odr/.