1- SCOPE AND PURPOSE OF THE GENERAL TERMS OF SALE

These General Terms and Conditions of Sale (or “GTC”) apply, without restriction or reserve, to all sales concluded by ROSAMEN BADO PARIS, a simplified joint stock company with a share capital of €2000, registered in the Paris Trade and Companies Register under number 878 020 163, whose registered office is located at 3 rue du Niger – 75012 PARIS, represented by its legal representative, duly authorized for the purposes hereof, (“the Seller”) to submitted non-professional purchasers (“the Customers” or “the Customer” or “the Purchaser” or “the Purchasers”), wishing to buy the products for sale by the Seller (“the Products”) on the www. rosamen-bado.com” (“the Site”).

The Site is an e-commerce platform, which allows Internet users to acquire products as defined below. The GTCS specify in particular the conditions of order or subscription, payment, delivery and management of any returns of Products ordered by Customers. The Site and the Products are intended exclusively for private individuals and are not intended for professionals and are therefore subject to articles L. 111-1 and following of the Consumer French Code.

In order to be able to purchase on the Site, the Customer must accept these GTC without reserve.

Acceptance of the GTCS is made as soon as the Order has been validated.

These GTC are permanently accessible at the following address: www.rosamen-bado.com, in a computer format that allows them to be printed (in accordance with the new article 1125 of the French Civil Code), so that the Customer can reproduce or save them.

2- PRODUCTS, PRICES AND TERMS OF PAYMENT

2.1 Description of the Products

The Customer may select one or more products from the various categories offered on the Site.

In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to placing an Order, view the essential characteristics of the Product(s) he wishes to order on the Site.

ROSAMEN BADO takes the maximum care in the presentation of the Products on the Site in conformity with the requirements of Article L.111.1 of the Consumer Code. However, if, despite the care taken with the photos of the Products on the Site in order to ensure a rendering as close as possible to reality (hue, colour, etc.), variations may occur, in particular due to the technical limitations of the colour rendering of computer equipment.

For any question relating to the Products and their use, please contact us at the following e-mail address: nathalie@rosamen-bado.com.

2.2 Availability

The offers of Products presented on the Site are valid while stocks last.

Indications on the availability of Products are provided to the Customer at the time of placing the Order, as errors may exceptionally occur.

In the event of total or partial unavailability of Products after the Order has been placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the Product and the total or partial cancellation of his Order.

In this case, the Customer will be refunded the price of the unavailable Product ordered as soon as possible.

2.3 Product prices

The price of each Product is indicated in euros or US dollards and includes all taxes (when there are some to pay) , excluding shipping costs.

Shipping costs will be charged in addition and are also specified on the Site before final validation of the order.

2.4 Placing the Order

Any Order may be placed by the Buyer directly on the Site and carries with it the obligation of payment. For all Orders, the Buyer shall bear the telecommunication costs for Internet access and use of the Site.

The Buyer may create an account on the Site. This account will be accessible at any time by the Buyer by using his identifiers (e-mail address and password).

At the time of the Order, the Buyer agrees to provide the informations requested and engages himself on the veracity of these last ones.

In the event of prolonged inactivity during connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Buyer will be invited to restart his selection of Products from the beginning.

In application of the dispositions of the new article 1127-1 of the Civil Code, the Buyer will have the possibility, before definitively validating his Order, to return to the previous pages and to correct and modify his Order and the information previously provided before confirming it to express his acceptance.

The Seller shall not be held liable for any data entry errors made by the Buyer, nor for any consequences thereof in terms of late or incorrect delivery. In such cases, the costs incurred by any reshipment shall be borne by the Buyer.

2.5 Confirmation of the Order

Confirmation of the Order is made in accordance with the provisions of the French Consumer Code using the “double-click” process.

The “double click” process consists of :

A first click to place the Product in the basket and a second click to validate the basket after having been able to check the contents of the Order and to modify, if necessary, the contents of the basket and the information relating to the payment and delivery of the Order.

It is specified that the validation of the Order requires the Buyer to pay for the Order immediately. Once the Order has been validated by the Purchaser by his “double click”, an e-mail confirming the reception of the Order and containing all this information will then be sent to the Purchaser as soon as possible and at the latest at the time of delivery. The Purchaser must therefore provide a valid e-mail address when filling in the fields relating to his/her identity.

Any Order validated by the Buyer by the “double click” process (double validation) constitutes an irrevocable acceptance which can only be challenged within the limits provided for in these GTC. In particular, any Order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale.

The Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders or Subscriptions.

2.6 Pre-order

Some Products may be offered for pre-order on the Site.

The Customer can make a Pre-Order, being specified that he recognizes to have taken knowledge of the date of launching of the production and the expedition.

The pre-order will be paid as a classic order. The same basket can contain other articles in classic order. Only the delivery is delayed.

3- DELIVERY AND RETURNS

3.1 Delivery areas

The Products are offered worldwide, except if the Seller is unable to do so.

3.2 Different modes of delivery and delivery dates

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in the case of special circumstances or the unavailability of one or more Products, the Products ordered shall be delivered at once.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified below. Customers may check the status of their Orders on the “My Account” section of the Web site and track their packages on the carrier’s Web site using the tracking number that will be communicated to them electronically once the transaction has been successfully completed. However, these delivery times are given as an indication only.

Delivery via LA POSTE Colissimo or DHL EXPRESS.

Deliveries are made from Monday to Friday, except on public holidays. The parcel is taken in charge by the carrier and given to the delivery address indicated by the Purchaser.

Orders for parts in stock are shipped within 72 hours (excluding weekends and holidays).

For pre-ordered pieces, there is a 15 day delay for the making of your piece from the moment you place your order. Once the piece is finished, it is shipped to your address via LA POSTE Colissimo (France) or DHL EXPRESS (International).

Translated with www.DeepL.com/Translator (free version)

3.3 Delivery charges

Delivery costs are indicated on the Site. The Buyer is informed of the amount of these costs prior to the validation of his Order.

3.4 Customs

In the event of an Order to a country other than metropolitan France, the Customer is the official importer of the Product(s) concerned and as such must comply with all the laws and regulations of the country in which the Products are received. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer. Any additional customs clearance costs shall be borne by the Customer; the Seller has no control over such costs. Customs policies vary greatly from one country to another, so it is the Customer’s responsibility to contact the local customs service for further information if necessary.

3.5 Returns

In accordance with Article L. 221-18 of the French Consumer Code, the Customer may exercise his or her right of withdrawal within fourteen (14) days from the date of receipt or pick-up of the Product, without having to justify his or her reasons and without penalty.

In the case of a single Order delivered in several instalments, the period shall run from the date of receipt of the last Product in the same Order.

The Customer must return the Product concerned within fourteen (14) days of the date on which he/she expressed his/her wish to withdraw.

Returns are 100% free! To obtain the return label, you just have to send an email to the following address: nathalie@rosamen-bado.com ! You will receive the return label in your mailbox within 24 hours after the request.

Model of withdrawal form to be attached to your package in case of return

For the attention of ROSAMEN BADO PARIS 3 rue du Niger-75012 Paris

E-mail: XXX

I hereby notify you of my withdrawal from the contract for the sale of the property below:

Ordered on:
Bearing the order number:
Name of the consumer(s):
Address of the consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper)
Date:

3.6 Limitations on the right of withdrawal

Under no circumstances may the Buyer’s use of the right of withdrawal be abused. In any event, any Order returned incomplete, damaged, used, washed, damaged, deteriorated, soiled will not be exchanged or refunded. The responsibility of the Buyer may be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature and characteristics of the Product(s).

4-INTELLECTUAL PROPERTY

All the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charters, utilities, databases, software, and other underlying technology is protected by the provisions of the Intellectual Property Code and belongs to the Seller.

The Seller is the owner of all property rights attached to the Site and its components. He holds all intellectual property rights and the derived rights attached to the concepts, editorial content, videos broadcast on the Site. Generally speaking, no provision of these GTC may be interpreted as conferring on the Customer, expressly or implicitly, any right whatsoever over the names, brands, acronyms, logos and other distinctive signs of the Seller with the exception of the rights held by the suppliers and any partners of the Seller on the visuals of their Products, their brands and logos presented on the Site.

It is therefore prohibited to reproduce, modify, transfer or exploit all or part of the Site without the express written authorisation of the company ROSAMEN BADO PARIS.

Any total or partial reproduction, modification, imitation or use of these images and logos, videos, for any reason and on any medium without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights, designs and models, whether registered or not, which are the property of the Seller.

5- SUBSCRIPTION TO NEWSLETTERS

The Buyer may, if he wishes, subscribe to the Newsletter distributed by the Seller. By accepting the subscription to the Newsletter published on the Site, the Buyer authorizes the Seller to send him/her e-mails to the address he/she will have given during his/her visit and/or subscription to the Site.
Unsubscribing to the Newsletter is possible by sending an e-mail to the following address: Clients.rosamenbado@gmail.com

6- CONSEQUENCES OF A VIOLATION OF THE GTCS BY THE CLIENT

In the event of non-compliance with the obligations arising from the acceptance of these GTC, incidents of payment of the price of an Order, delivery of erroneous information when creating the account or acts likely to affect the interests of the Seller, the Seller reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Subscription and the Customer account without any claim for any damages. The Seller also reserves the right to refuse to enter into a contract with a Buyer who has been excluded or sanctioned for such acts.

7- PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having been informed, prior to placing an Order or taking out a Subscription, in a readable and comprehensible way, of these GTCS and of all the information and details referred to in Articles L. 111-1 to L. 111-7 of the French Consumer Code, and in particular : (i) the essential characteristics of the Service, taking into account the communication medium used and the Service concerned, (ii) the price of the Service and related costs (e.g. delivery) ; (iii) in the absence of immediate performance of the contract, the date or deadline by which the Seller is committed to delivering the Service, (iv) information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context, (v) information relating to legal and contractual guarantees and the terms of their implementation, (vi) the functionalities of the digital content and, where applicable, its interoperability; (vii) the possibility of resorting to conventional mediation in the event of a dispute; (viii) information relating to the right of withdrawal, the costs of returning the Products, the terms of termination and other important contractual conditions. The fact that a natural person (or legal entity) orders Services from the Seller implies full and complete adherence to and acceptance of these GTC, which is expressly acknowledged by the Customer, who renounces, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

8- PROTECTION OF PERSONAL DATA

The Customer is informed and accepts that his personal data may be collected on the Site and used by ROSAMEN BADO which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter “General Data Protection Regulation” or “GDPR”).

ROSAMEN BADO undertakes to protect and ensure the security and confidentiality of the personal data of its Customers in accordance with the GDRP, in particular by taking all useful precautions to prevent such data from being distorted, damaged or accessed by unauthorised third parties.

In particular, Customers’ personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDRP, intervene and contribute directly to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using his Account (identity, postal address, telephone number, e-mail address). Subcontractors may only act on the instructions of ROSAMEN BADO.

The personal data of the Clients are collected for the following purposes:

The management of Orders and Customer relations;
Informing Customers about offers and commercial information related to the brand;
The reinforcement and improvement of the communication of the Website and the brand by sending, in particular,
Newsletters and special offers according to the Customer’s preferences noted on the Website;
The improvement and personalization of the services offered to the Clients; and
Compliance with legal and regulatory obligations.

The Customer’s personal data is only kept for the duration strictly necessary for the purposes previously stated (13 months).

In accordance with the GDRP, the Customer has the right to access, rectify and oppose personal data concerning him/her (hereinafter the “Data Protection Rights”).

To exercise one or more of the Rights and Freedoms, the Customer must send a request by email or mail to the Customer Service of ROSAMEN BADO, by filling out the contact form located on the site or by writing to the following address indicating his name, surname, email address and customer references: ROSAMEN BADO PARIS 3 rue du Niger – 75012 PARIS.

Each request must be signed and accompanied by a photocopy of an identity document bearing the Client’s signature and specify the address for reply.

The response to the request exercised on the basis of one or more Computer Rights and Freedoms will be sent within 2 months of receipt of the request.

The Customer may communicate to ROSAMEN BADO specific directives in which he or she defines the manner in which he or she intends to exercise, after his or her death, the Computer Rights and Freedoms in accordance with the GDRP.

9- COOKIES

This “COOKIES” section allows you to find out more about the origin and use of the navigation information processed when you consult our Site and about the rights of users.

Thus, during consultation of the ROSAMEN BADO Site, information relating to browsing may be recorded in “Cookies” files installed on the user’s terminal (computer, tablet, smartphone, etc.).

ROSAMEN BADO issues these cookies in order to facilitate the user’s browsing on the Site. They may also be issued by the brand’s partners in order to personalise the advertising offer addressed outside the Site.

Cookies may be included in different areas of the Site. These spaces may display advertising content from advertisers on users’ terminals.

Only the issuer of a cookie is likely to read or modify the information contained therein.

The reading or deposit of certain cookies may require the prior consent of the user. In this case, the user, after having been duly informed via the information in the banner dedicated to cookies and the information in these general terms and conditions of sale, expresses his consent by continuing his visit to the Site.

Cookies have a limited lifespan of 13 months after their first deposit in the user’s terminal equipment.

Cookies issued by ROSAMEN BADO

The cookies that ROSAMEN BADO installs on the user’s terminal make it possible to recognise the browser used to connect to the Website.

ROSAMEN BADO issues cookies for the following purposes:

To establish statistics of frequentation (number of visits, pages viewed, abandonment in the ordering process, . . .) in order to monitor and improve the quality of its services:

To adapt the presentation of its Site to the display preferences of the terminal:
Store information entered in forms, manage and secure access to reserved and personal areas such as the customer’s account and shopping cart.
To provide the user with content, including advertising, related to the user’s areas of interest and to personalize offers.

Third party cookies

When the user accesses the ROSAMEN BADO Site, one or more cookies from partner companies (“third-party cookies”) may be placed on the computer via the pages of our Site or via content distributed in advertising spaces.

The cookies placed on the ROSAMEN BADO website by service providers that ROSAMEN BADO uses to promote its activities and offers are intended to :

To identify the products consulted or purchased on the Site in order to personalise the advertising offer addressed.
To send, if the user has authorised it when registering with these service providers, offers from the brand by email.

The cookies contained in the advertising spaces of the Site are intended to enable the establishment of statistics on the advertisements displayed (number of displays, advertisements displayed, number of users who clicked on each advertisement, etc.).

The issue and use of cookies by third parties are subject to the privacy protection policies of these third parties. ROSAMEN BADO has no access or control over third party cookies and acts as a subcontractor within the meaning of Article 35 of the Data Protection Act. However, ROSAMEN BADO ensures that the partner companies process the information collected on the ROSAMEN BADO.com Website exclusively for the needs of ROSAMEN BADO and in compliance with the French Data Protection Act.

The user may refuse third party cookies by making the appropriate settings in his browser.

The user’s choices regarding cookies

Several possibilities are offered to the user to manage cookies. Any setting will be likely to modify his or her Internet browsing and conditions of access to certain services requiring the use of Cookies.

The user can configure his browser software so that cookies are saved in his terminal or, on the contrary, that they are rejected, either systematically or according to their transmitter.

The user can also configure his browser software so that the acceptance or rejection of cookies is offered to him from time to time, before a cookie is likely to be stored on his terminal.

10- CONTACT AND IDENTITY OF THE SELLER

Any questions regarding an Order or Subscription should be sent by e-mail to clients.rosamenbado@gmail.com. For any question or issue not expressly mentioned, the Customer may also send a letter to ROSAMEN BADO PARIS, 3 rue du Niger- 75012 PARIS. In the event of a complaint, the Client must send a letter by registered letter with a request for acknowledgement of receipt, accompanied by a copy of a valid identity document, to the address indicated.

11- MODIFICATION OF GTC

Taking into account possible changes to the Site and regulations, ROSAMEN BADO reserves the right to modify the GTC at any time.

Only the GTC in force at the time of the conclusion of the contract shall be binding on the customer.

The new GTC shall, where applicable, be brought to the attention of the Customer by modification of the dedicated page of the Site. The Customer will then be invited to expressly agree to the new version of the GTCS by “clicking” on the “I accept” button for each new order.

12- APPLICABLE LAW, MEDIATION, LITIGATION

The present GTC are subject to French law.

In the event of a dispute, the Customer shall first contact ROSAMEN BADO PARIS to seek an amicable solution by contacting the customer service department at the following e-mail address: nathalie@rosamen-bado.com .

In the event of an unresolved dispute between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator.

Before seizing the mediator of consumption, the consumer must already have tried to solve his dispute directly with the Professional by a complaint.

The mediation of consumption is an extrajudicial settlement of the disputes of consumption.

If the conditions are met, a mediation of consumption will take place according to a precise process and according to the texts in force.

The procedure is free for the consumer (R612-1 of the Consumer Code).

TO SEIZE THE MEDIATOR OF CONSUMPTION :

If no agreement with the professional following a complaint,

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code (Conditions of admissibility). Free procedure for the consumer.

The mediator of consumption is neutral, independent and impartial. The mediator is not part of the company with which the consumer has a dispute.

MEDIATION – VIVONS MIEUX ENSEMBLE

www.mediation-vivons-mieux-ensemble.fr
465 avenue de la Libération 54 000 NANCY
mediation@vivons-mieux-ensemble.fr

In addition, the European Commission has set up an online dispute resolution platform. The platform is accessible at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR