Terms and Conditions of sales I Rose et Marius

GENERAL CONDITIONS OF SALE ROSE ET MARIUS

 These general conditions of sale (hereinafter the “Terms and conditions") apply to any purchase made by an Internet user/natural person (hereinafter the “CLIENT ") on the website https://www.roseetmarius.com (hereinafter the “SITE") from Rose et Marius, SARL registered in the Aix-en-Provence trade and companies register under number B 788 996 163, with its head office at 3 rue Thiers, 13100 Aix en Provence, France, whose VAT identifier is FR30788996163- email: contact@roseetmarius.com (hereinafter the “SELLER”).

1. IMPORTANT

Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these Conditions Ggeneral.

Article 1. DEFINITION

2. The terms used below have, in these General Conditions, the following meaning:

“CUSTOMER”: designates the SELLER’s co-contractor, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.

“DELIVERY”: designates the first presentation of the PRODUCTS ordered bythe CUSTOMER to the delivery address indicated when ordering.

“PRODUCTS”: refers to all the products available on the SITE.

"TERRITORY": refers to Metropolitan FRANCE and all countries in the world excepts : North Korea, Syria, Afghanistan, Yemen, Somalia, South Sudan and Russia.

Article 2. PURPOSE

These General Conditions govern the sale by the SELLER to its CUSTOMERS of PRODUCTS on the Site.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the SITE.

These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order for PRODUCTS.

By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives.

The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can be tracked, where applicable, using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at contact@roseetmarius.com, in order to obtain information on the status of their order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

1. Article 5. ORDERS

2. Article 5.1 Characteristics of the PRODUCTS

The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints linked to its suppliers.

Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.

Given the handmade nature of the collections, the SELLER provides a product sheet online with a photo of the PRODUCT, but does not guarantee the accuracy of the colour or shape of the PRODUCT.

3. Article 5.2. Order procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).

4. 5.2.1. Selection of PRODUCTS and purchasing options

The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to their basket as they wish.

5. 5.2.2. Orders

Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register.

Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to them and eracapitulating the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS.

Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected.

Orders placed must include all information necessary for the proper processing of the order.

The CUSTOMER must also indicate the chosen delivery method.

6. 5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct.

The SELLER does not send any order confirmation by post or fax.

7. 5.2.4. Billing

During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.

The CUSTOMER must then specify the chosen payment method.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

8. 5.3. Date of the order

The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.

9. 5.4. Price

The SELLER advises the CUSTOMER that for all orders placed outside the EU, customs charges and taxes on arrival may be applied in addition to the CUSTOMER's delivery fees. These charges depend on the customs authorities in each country and cannot therefore be included in the carriage costs.

10. 5.5. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies “just-in-time” inventory management. Consequently, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks.

The SELLER undertakes to honor orders received provided that the PRODUCTS are available or to replace them with a similar product.

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned.

CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any case, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER may, at the CUSTOMER's request:

Either offer to ship all PRODUCTS at the same time as soon as out of stock PRODUCTS are available again,

Either proceed with a partial shipment of the PRODUCTS available initially, then ship the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,

Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.

11. 5.6 : Nature of the PRODUCTS

All Rose et Marius products are handcrafted;the CUSTOMER actually accepts the differences and characteristics specific to manual work given this handmade production. As the Rose and Marius products are limited edition, the SELLER has the option of replacing it with a similar model without first informing the CUSTOMER.

Article 6. RIGHT WITHDRAWAL

The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link. In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs by the SELLER of the PRODUCTS (except for additional costs arising from the fact that the CUSTOMER has chosen a delivery method other than the less expensive method proposed by the SELLER) but excluding return costs by the CUSTOMER of the PRODUCTS concerned,without undue delay and no later than 14 days from the day on which the SELLER was informed of the withdrawal decision (reimbursement may be deferred until the SELLER has received the goods concerned or until the CUSTOMER has provided him with proof of shipment of the goods, the date chosen being that of the first of these events). Sellerwill reimburse using the same means of payment as that used when ordering, unless the CUSTOMER expressly agrees to a different means (e.g.:a check);this reimbursement will not incur any costs for the CUSTOMER.

Article 7. PAYMENT 

12. 7.1. Means of payment

The CUSTOMER can pay for their PRODUCTS online on the SITE using the means proposed by the SELLER. The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen payment method. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.

It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

13. 7.2. Payment date

In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE. In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

14. 7.3. Late or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service by email: contact@roseetmarius.com in order to pay for the order by any other valid means of payment. In the event where, for whatwhatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.

Article 8. PROOF AND ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 231-1 of the consumer code.

The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request.

In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9. TRANSFER OF PROPERTY

The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation of property, as well as the risks of damage that they may cause.

Article 10. DELIVERY

The terms of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.

Article 11. PACKAGING

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal policy.

Article 12. GUARANTEES

In the event of non-compliance or hidden defect in a PRODUCT, the CUSTOMER is required to send his complaint to the SELLER's Customer Service. In the event of returning a PRODUCT, the CUSTOMER is invited to return the PRODUCT concerned to the address specified by the SELLER's Customer Service, accompanied by the purchase invoice and perfectly protected. The exercise of these guarantees takes place at no cost to the CUSTOMER, in accordance with article L.217-11 of the Consumer Code, provided however that the latter is justified in requesting the benefit of these guarantees.

The consumerhas a period of two (2) years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity existing at the time of delivery of the goods. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance (this period is twelve (12) months for second-hand goods).

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty (30) days following their request, free of charge and without major inconvenience for them.

If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six (6) month extension of the initial guarantee. If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the good.

The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty (30) days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;

4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer does not have the right to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the item for repair or replacement suspends the warranty which remained to run until delivery of the restored item.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two (2) years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.

Article 13. RESPONSIBILITY

Unless otherwise provided by law of public order, the SELLER cannot be held responsible for indirect damage caused by its actions or the PRODUCTS marketed or damage of any nature resulting from the impossibility of placing an order or the unavailability of a PRODUCT. order.

The SELLER's liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.

The SELLER cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals. In addition, the parties acknowledge that the following events will automatically be assimilated to cases of force majeure as long as they reasonably escape the control of the SELLER and despite the fact that they do not meet all of the conditions retained by case law : strikes (announced or not) affecting the execution, by the SELLER and/or its own suppliers, of their contractual obligations, contractual non-performance on the part of the SELLER resulting from the actions of its suppliers (delay in delivery by the supplier, etc. ) or its carriers (delay, loss of goods, etc.), lockout, difficult weather conditions (frost, bad weather, etc.) as well as any event beyond the control of the SELLER which makes it impossible or calls into question the balance financial existing on the day the order is placed.

It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.

Article 14. PERSONAL DATA

The SELLER collects personal data concerning its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data is collected and processed by the SELLER on the following legal bases: execution of a contract (e.g.: order management), legitimate interest of the SELLER (commercial solicitation by email on products similar to those ordered), consent (e.g.: commercial solicitation by email on products other than those ordered) or even a legal obligation (e.g.: bookkeeping).

In all cases and in particular when required by law, the CUSTOMER authorizes the SELLER to collect personal data concerning him during the relationships they maintain.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting letters, newsletters,

promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER's data is kept confidentially by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CLIENT has the right to withdraw their consent,access, rectification, opposition (for legitimate reasons) and deletion of personal data. He can exercise this right by sending an email to the address: contact@roseetmarius.com or by sending a letter to ROSE ET MARIUS - 3 rue Thiers 13100 Aix en Provence. The CUSTOMER can also send a complaint to the CNIL.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

The CUSTOMER is informed of his right to register free of charge on the list opposing telephone canvassing in order not to be the subject of commercial prospecting by telephone.

Article 15. COMPLAINTS

The SELLER makes available to the CUSTOMER an email: contact@roseetmarius.com

Any written complaint from the CUSTOMER must be sent to the following address: ROSE ET MARIUS 3 rue Thiers 13100 Aix en Provence, France.

In the event that a dispute could not have previously been resolved directly between the parties, the CUSTOMER is informed that he has the right to have free recourse to a consumer mediator with a view to resolving his dispute amicably, after having read the information published on the website of the mediator of_______ (____________________________) and completed the online form. The CUSTOMER can also attempt to resolve their dispute through the online dispute resolution platform:https://ec.europa.eu/consumers/odr/main/. 

Article 16. INTELLECTUAL PROPERTY

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.

This authorization from the SELLER will under no circumstances be granted definitively. This link must be deleted at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links(in-line linking) are strictly prohibited.

Article 17. VALIDITY OF THE GENERAL CONDITIONS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.

All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.

Article 18. MODIFICATION OF THE GENERAL CONDITIONS

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.

Changes to the General Conditions will not apply to PRODUCTS already purchased.

Article 19. JURISDICTION AND APPLICABLE LAW

These General Conditions as well as the relations between the CUSTOMER and the SELLERare governed by French law.

In the event of a dispute, only the French courts will have jurisdiction.

However, prior to any recourse to an arbitration or state judge, negotiation will be favored in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below.

Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the court for summary proceedings or to request the issuance of an order upon request. Any action before the summary court or the implementation of a procedure upon request does not entail any waiver on the part of the parties of the amicable settlement clause, unless expressly wished otherwise.

ANNEX 1

2. WITHDRAWAL POLICY

Principle of withdrawal

The customeris informed that he benefits from the right to withdraw without giving reason within a period which expires 14 days after the day on which he himself, or a third party other than the carrier and designated by him, takes physical possession of the goods. In the case of an order for several goods delivered separately or for a good delivered in several batches or pieces, this period expires on the day of taking possession of the last good / batch / piece. The day on which the order is concluded or the day of receipt of the goods is not counted in this period. If this period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.

Notification of the right of withdrawal

To exercise his right of withdrawal, the CUSTOMER must notify his decision toretraction

 by means of an unambiguous declaration by registered letter to: Rose et Marius, 3 rue Thiers 13100 Aix en Provence or contact@roseetmarius.com.

He can also use the form below:

WITHDRAWAL FORM

To the attention of

 Rose et Marius, 3 rue Thiers 13100 Aix en Provence

Email : contact@roseetmarius.com)

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT(S) below :

Reference of(es) PRODUCT(S):

Invoice number:

Purchase order number:

-Ordered on

[____________]

/received on

[________________]

-Method of payment used:

-Name of the CUSTOMER and, where applicable, the beneficiary of the order:

-CUSTOMER address:

-Delivery address :

- Signature of the CUSTOMER (except in the case of transmission by email)

- Date

In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid including the costs of delivery by the SELLER of the PRODUCTS (with the exception of additional costs arising from the fact that the CUSTOMER has chosen a delivery method other than the less expensive method proposed by the SELLER) but excluding the costs of return by the CUSTOMER of the PRODUCTS concerned, without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER is informed of the CUSTOMER's desire to withdraw.

The SELLER will reimburse by check, this reimbursement will not incur any costs for the customer.

The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these events.

The same means of payment as that used when ordering will be used, unless the CUSTOMER expressly agrees to a different means (e.g. check). This reimbursement will not incur any costs for the CUSTOMER.

Return conditions

After having exercised his right of withdrawal, theThe CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of their withdrawal decision, return the item concerned to: Rose and Marius, 3 rue Thiers 13100 Aix en Provence.

This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.

Return fees

The CUSTOMER must bear the costsreturn of the goods.

Condition of the returned item

The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered as well as the purchase invoice..

The CUSTOMER is only liable for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred if he carries out manipulations other than those which are necessary. In the event of non-compliance with this rule, the SELLER may withhold the sums to be reimbursed to the CUSTOMER, which the latter accepts.

Packaging

The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must adhere to the same standards when returning PRODUCTS. As such, the CUSTOMER is invited to return the PRODUCT that does not suit them in its original packaging and in good condition, suitable for its remarketing; without these elements the SELLER will not be able to reimburse the PRODUCTS in full..

Exclusions from the right of withdrawal

The right of withdrawal cannot be exercised for contracts listed in articles L. 221-2 and L. 221-28 of the Consumer Code.The right of withdrawal is in particularexcluded in the following hypotheses:

Supply of goods or services whose price depends on fluctuations in the financial market

Supply of goods made according to the CUSTOMER's specifications or clearly personalized

Supply of goods likely to deteriorate or expire quickly

Supply of sealed audio or video recordings or software that has been unsealed after delivery

Newspaper, periodical, magazine (except subscription contract)

Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to leisure activities if the offer provides for a specific date or period of execution

Supply of goods which by their nature are inseparably mixed with other articles.

Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY the supply of alcoholic beverages the price of which was agreed at the time of conclusion of the delivery contract sale, delivery of which can only be made after 30 days and whose real value depends on fluctuations on the market beyond the control of the SELLER

Supply of digital content not provided dematerialized if the execution has started with the express prior agreement of the consumer, who has also recognized that he will thus lose his right of withdrawal from contracts concluded during a public auction

ANNEX 2 DELIVERY POLICY

Delivery time

The deadlines for preparing an order and then issuing the invoice, before shipping PRODUCTS in stock, are mentioned on the SITE. These deadlines exclude weekends or public holidays.

An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.

Delivery times & costs

During the ordering process,The SELLER indicates to the CUSTOMER the possible shipping times and options for the PRODUCTS purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are detailed on the SITE.

The delivery times mentioned on the SITE are given for purely indicative purposes and cannot be binding on the SELLER.

DELIVERY Terms

Depending on the delivery option chosen, the package will be delivered to the CUSTOMER against signature and upon presentation of an identity document. In the event of absence, a delivery notice will be left with the CUSTOMER, to allow him to collect his parcel from his post office.

DELIVERY Issues

It is specified that deliveries will be made within thirty (30) days maximum for France. 45 days for other countries. Please note that customs duties and taxes upon arrival in the country of origin are the responsibility of the CUSTOMER. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event failure to deliver within this period, he may terminate the contract.

The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method used by the CUSTOMER to purchase products.

The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.

Any apparent anomaly concerning an order (number of units, condition of packaging or products, etc.) must be indicated precisely (detailed description of the anomaly) by the CUSTOMER on the carrier's delivery slip, in the presence of the carrier. The CUSTOMER must immediately inform the SELLER, providing any useful evidence (photograph, description of the anomaly, etc.). An apparent anomaly means any anomaly that would normally be detected by a normally attentive and informed consumer. Failing this, the PRODUCTS will be deemed to have been delivered free of any apparent anomaly.

GENERAL TERMS AND CONDITIONS OF SALE OF WORKSHOPS ROSE ET MARIUS 

1- WORKSHOP CONFIRMATION

Individuals who have bought a workshop online or given a workshop gift card are asked to send an email to boutique@roseetmarius.com or call the shop during opening hours, Tuesday to Saturday, 10.30-13.00-14.00-19.00 on 09 82 59 35 35, to book the slot. For group bookings, 100% of the workshop must be paid by the customer by bank transfer on the day of confirmation.

2- ACTS OF GOD AND FORCE MAJEURE

Rose et Marius is released from its obligation to maintain the booking date in the event of unforeseen circumstances or force majeure such as fire, total or partial strike.

3- VALIDITY OF THE OFFER

The prices shown on our quotations are valid for a period of 30 days.

4- PRICES

Prices are quoted in EUR. They may be freely revised by Rose et Marius and will be communicated to the purchaser on request.

5- CHANGES TO THE ORDER

> More than 7 working days before the workshop date, subject to availability, we agree to reschedule the workshop or modify the number of participants at no change.

> Less than 7 working days before the workshop date, if the number of participants decreases, the number of participants specified in the order will be invoiced. The workshop cannot be refunded but rescheduled to a later date subject to availability.

6- PAYMENT

For France, only cheques and bank transfers and credit card denominated in EUR are accepted. For international orders (except US), only bank transfers and credit card denominated in EUR are accepted. Bank charges are payable by the purchaser.

7- RESCHEDULING

Rose et Marius reserves the right to postpone a workshop date if the minimum number of participants is not reached.

An e-email will be sent to participants to infomr them.

8- VALIDITY PERIOD

The gift card is valid for 1 year from the date of purchase.

9- JURISDICTION

In the event of any dispute relating to the application of these terms and conditions, the Commercial Court of AIX EN PROVENCE shall have sole jurisdiction, even in the event of a third party claim or multiple defendants, notwithstanding any clause to the contrary.