TERMS AND CONDITIONS

 

PREAMBLE

01.   Entirety

02.   Purpose

03.   Scope

04.   Orders

05.   Products

06.   Payment

07.   Responsability

08.   Delivery

09.   Transfiguration risk

10.   Force Majeur

11.   Right of Withdrawal

12.   Guarantee

13.   Personal Data

14.   Intellectual Property

15.   Entire Conditions

16.   Law and skills

 

 

PREAMBLE

 

This site is operated by the company ROSE IN APRIL SAS, having its registered office at 29 RUE DU SERGENT BOBILLOT, 92000 NANTERRE (France) and registered in the Nanterre Trade and Companies Register under number 751 532 193.

 

These general conditions of sale apply to all orders placed with the company Rose in April for all items and services offered on the site www.roseinapril.com by non-commercial individuals. Consequently, the fact for any person to order a product offered for sale on the Rose In April website implies full and entire acceptance of these general conditions of sale of which the customer acknowledges having read prior to his order.

 

Rose in April reserves the right to modify these general conditions of sale at any time. Nevertheless, the General Conditions of Sale applicable to the order placed by a customer on the www.roseinapril.com Site are those accepted by the customer at the time of placing his order.

 

 

Article 1: Entirety

These General Conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept without reservation all the provisions set out in these general conditions of sale. Rose In April undertakes to respect its role as a reseller under these conditions.

 

 

Article 2: Purpose

 

The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods and services offered by Rose In April SAS via its website www.roseinapril.com.

 

 

Article 3: Scope of Application

 

These General Conditions govern the sale of products on the day the order is placed by the customer. They apply to all ordering methods offered by Rose In April.
They can be modified by Rose In April at any time.

 

 

Article 4: Order

 

Capacity to contract :

 

Every customer of Rose In April SAS declares to have the capacity to contract under the conditions described below, i.e. to be an emancipated minor or to have legal majority and not to be protected within the meaning of article 488 of the Civil Code. Rose In April SAS reserves the right to refuse any Order from a customer with whom a dispute exists or appears during the processing of an order, in particular a payment dispute.


Acceptance of the Conditions by the customer :


The present conditions can be read directly on the site www.roseinapril.com. On simple request of the customer, they can also be sent by e-mail. The fact for the Customer to check the box "I have read the general conditions of sale and I accept them" before validating his order automatically involves the express acceptance by this one and without restriction nor reserve of the present Conditions. By this act, the customer acknowledges having read and understood these Conditions and accepting them.

 

Placing the order :


The customer can place his order with the company Rose In April SAS by internet 24h/24h and 7d/7d.
Once the selection of the products has been made and the basket validated, the customer must:

- identify themselves either by entering their email address and password, which are strictly personal, or by mentioning all the information usually required for online registration;
- indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as any accessibility restrictions of the place of delivery (building, digicode, etc.)


Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees below mentioned.


In all cases, the online supply of the credit card number and the final validation of the order by the Customer shall constitute proof of the order and the sums due for the products selected in the order. This validation is worth signature and acceptance of all the operations carried out on the site www.roseinapril.com.

 

Information provided when ordering :


The customer is responsible for the accuracy and completeness of his customer account information and his order to ensure its proper processing. Thus, in particular, the address of the customer and the delivery address of the order is under his full responsibility. Rose In April SAS cannot guarantee the consequences or be held responsible for additional delivery times, or additional delivery costs. The costs incurred by the company Rose In April SAS following errors on the information provided by the customer will be borne by the customer, in particular the costs of returning the order.

 

Order Confirmation :


An e-mail is automatically sent to the customer in order to confirm the order, provided that the e-mail address indicated in the registration form does not contain any errors.

 

Order follow-up :


The customer may at any time consult the status of his order by consulting the "My account" section on the site www.roseinapril.com. This follow-up allows the customer to know the state of treatment of his order, but also the state of expedition or delivery of his parcels. This last delivery follow-up is carried out in interface with the Internet means of follow-up of the carriers. Rose in April cannot therefore be held responsible for any unavailability or errors that may affect the information provided by its carriers. Rose in April nevertheless strives to make this information as clear as possible and to make transport as reliable as possible with its carriers. The customer may at any time contact Rose in April customer service to be informed of the status of his order.

 

Proof of order :


The computerized records, kept in Rose in April's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.


The archiving of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.

 

 

Article 5: Product information

 

Product information and features :


In accordance with Article L 111-1 of the Consumer Code, Rose In April SAS endeavours to present as best as possible, on the technical data sheets of the products, the essential characteristics of the latter of which the customer must be aware.
The information and characteristics are those given by the suppliers. 


The photographs and graphics presented on the site Rose In April SAS or in the e-mails sent by the company Rose In April SAS are given only as an indication. In particular, the difference in colour perception between the photographs or graphics presented and the products cannot engage the responsibility of Rose In April SAS.

The said company will do its best to ensure that the photographic representation of the products on the site www.roseinapril.com is as faithful as possible. It is nevertheless possible that the perception of the Product(s) does not totally correspond to the Product(s).

 

If you have any question on design, we recommand to send a mail to hello@roseinapril.com

 

Awards :


Prices are expressed in euros. The guaranteed price to the buyer is the one displayed on the site at the time of purchase.


The price fixed at the time of purchase is firm and definitive. It does not include the share in the delivery costs invoiced in supplement and which will be indicated in the confirmation of order.
For a delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore VAT included.


No other customs duties or VAT will be payable for deliveries within the European Union. Any change in the applicable rate may be reflected in the selling price of products in the catalog.

 

Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of VAT and therefore do not include VAT. However, these orders are subject to possible taxes and customs fees of the destination country.

 

 

Article 6: Payment

 

The customer can pay his order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard) or by Paypal.

 

The customer guarantees Rose in April that it has the necessary authorisations to use the payment method chosen by it, when validating the order form. The debit of the purchases on the account of the customer is made at the time of the treatment of the order.

 

Rose in April uses all necessary means to ensure the security and confidentiality of data transmitted online. For this purpose, the site uses a secure method of payment SSL (Secure Socket Layer) which allows the encryption of your bank details during their transmission over the network. You will notice that the transmission is encrypted by software as soon as the padlock symbol appears in your browser. The transaction is carried out via the Crédit Agricole bank, which alone has the banking information provided on the site at the time of payment.

 

Rose in April reserves the right to suspend any order management and any delivery in the event of refusal to authorize payment by credit card from officially accredited organizations or in the event of non-payment. Rose in April reserves the right to refuse to deliver or honour an order from a customer who has not fully or only partially paid for a previous order or with whom a payment dispute is under administration.

 

As part of an order verification procedure designed to ensure that no person uses another person's bank details without their knowledge, the customer may be asked to send by fax or e-mail to Rose in April a copy of an identity document and proof of address. The order will be validated only after reception and verification by our services of the parts sent. If these documents are not received within 15 days of the order being placed, the order will be deemed to have been cancelled automatically.

 

 

Article 7: Liability

 

Rose in April is committed to describing with the greatest accuracy the products sold on the website www.roseinapril.com.

 

The new products offered comply with current French legislation and standards applicable in France.

 

Rose in April cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the customer's responsibility to check with the local authorities the possibilities of importing or using the products he plans to order.

 

Furthermore, Rose in April may not be held liable for any inconvenience or damage relating to the use of the Internet, such as a break in the service, the presence of computer viruses or external intrusions or, more generally, any case qualified as force majeure by the courts.

 

 

Article 8: Delivery

 

Delivery area :

 

Rose in April delivers in all the following countries:

-       European Union: France (Metropolitan France, Corsica, Monaco, Guadeloupe, Martinique, Saint Martin, Saint Barthélémy, New Caledonia, Guyana, Reunion, French Polynesia), Germany, Belgium, Netherlands, Luxembourg, United Kingdom, Jersey, Guernsey, Italy, Spain, Switzerland, Austria, Ireland, Portugal, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Denmark, Greece, Iceland, Finland, Norway, Sweden, Croatia, Romania

-       World: Argentina, Australia, Bahrain, Brazil, Canada, China, South Korea, Israel, Japan, Lebanon, New Zealand, Hong Kong, Singapore, Taiwan, Turkey and USA.

 

Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees of the destination country. These costs and the related formalities shall be borne by the customer/recipient. They are to be paid directly to the carrier upon delivery.

 

The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting Customs for more information.

 

Means of delivery :

 

Rose in April undertakes not to exceed a 3 open days deadline for sending orders.

 

In France, Europe and abroad, delivery is made via 3 carriers: La Poste Colissimo (worldwide), Mondial Relay (France, Belgium, Luxembourg and Spain) and Delivengo for small international parcels.

The costs incurred depend on the country of destination, weight and total volume of the selected items.

The costs and deadlines are indicated to the customer before the final validation of his order.

 

-       Standard delivery by Colissimo

The parcel is delivered without signature in general, and ith signature for fragile items, to the address chosen by the customer. In case of absence, a notice of passage is left in the customer's mailbox, indicating the nearest post office where to collect your package. The customer then has 15 consecutive days to recover it. After this period, it will automatically be returned to Rose in April.

Geographical zones concerned by this carrier: all geographical zones covered by Rose in April (see Delivery zones above).

 

-       Delivery in relay point by Colissimo

The delivery of the parcel is made in the relay point chosen by the customer. The customer is notified by e-mail of the arrival of his package in the chosen relay point. The customer then has 15 consecutive days to recover it. After this period, it will automatically be returned to Rose in April. Geographical areas concerned by this carrier : Metropolitan France, Corsica, Belgium, Luxembourg, Spain.

-       Delivery with Mondial Relay

With a network of over 7,000 Relay Points, Mondial Relay is a simple solution to collect your parcels.

Supermarket, newspaper merchants, dry cleaners, florists...: the Relay Points are local merchants. The network is very dense: you will find one of the Relay Points near you.
To use the network of Relay Points, it's simple: when you order, you just have to choose the delivery mode Mondial Relay - Points Relais. Then, everything is done simply, you choose where you are delivered.

Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees of the destination country. These costs and the related formalities shall be borne by the customer/recipient. They are to be paid directly to the carrier upon delivery.

 

The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting Customs for more information.

 - International deliveries by Delivengo

The delivery of the package is made without signature in general, and with signature for fragile products, to the address chosen by the customer. In case of absence, a notice of passage is left in the customer's mailbox, indicating the nearest post office where to collect your package. The customer then has 15 consecutive days to recover it. After this period, it will automatically be returned to Rose in April.

Geographical areas concerned by this type of transport: all geographical areas covered by Rose in April outside France (see Delivery areas above).

 

Packaging :

 

The products are packed in such a way as to comply with the applicable transport standards and to ensure optimum protection of the products during delivery. The customer is requested to respect these same standards when returning a product, whether during an after-sales service, or during a return for convenience. In the event of a product return, if we notice that the product returns damaged due to insufficient quality packaging, Rose in April may decide to only partially refund the product or refuse to refund it if it is impossible to resell in the same condition.

 

Point concerning our shelves: these are particularly fragile. Like any item we send, we check them all before packing. We have developed a special packaging to ensure their delivery in good condition. If you have to send them back to us for any reason, we ask you to follow the packing instructions that you will find in the box.

 

Customer's responsibility :

 

The company Rose in April reminds that it is the responsibility of the customer to inspect his package upon receipt in the presence of the carrier and to immediately notify the carrier and Rose in April of any anomaly found (shock, damaged package, delivery date not in accordance with normal delivery service). In the event that such information has not been entered on the delivery note presented to the customer by the carrier, no claim relating to the condition of the parcel or parcels could be accepted a posteriori by the company Rose in April.

 

The products are delivered to the address indicated by the customer on the order form. The customer must verify the completeness and conformity of the information it provides to Rose in April, which cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike in particular of postal services and means of transport and/or communications).

 

Delivery delays related to the carrier :

 

In the case of a delay in delivery in relation to the deadlines announced by the carriers, the customer must contact in priority the carrier or its distribution office in the case of La Poste, to see if the package is not pending. If necessary, the customer may contact Rose in April customer Service by telephone or e-mail to open a dispute or investigation file to conduct a search for the package.

 

Sometimes packages are lost by carriers. The delays imposed by the carriers imply that the customer declares the loss within 10 days following receipt of the shipping notice from Rose in April. Under these conditions, Rose in April will make the necessary claims to the carrier concerned. Once the complaint and the opening of investigation carried out, it can run a delay of 3 to 4 weeks to have a return of the carrier.

 

If the package is found, it will be immediately redirected to the customer's home. In the event that the package is not found, the customer may then request the return of the same product (within the availability period), at Rose in April's expense, or a refund of the amount paid. If the product or products ordered were no longer available at that time, Rose in April will refund the amount of products affected by the loss of the carrier.

 

Damaged packages :

 

The customer must check the condition of the package before the carrier and make the necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of reserve, the product is deemed accepted by the customer and cannot be the object of any dispute concerning its delivery. The customer must inform Rose in April by e-mail as soon as possible, so that Rose in April can take the necessary measures as soon as possible.

 

 

Article 9: Transfer of Risk

 

The transfer of risks to the customer occurs as soon as the products are handed over by Rose in April to the carrier. Products travel at the risk and peril of the customer. It is the same in the event of sending or return of products carried out carriage paid.

 

During the withdrawal period mentioned in article 11 below, the customer is responsible for the goods as custodian. In the event of deterioration or destruction of the product during the custody of the customer, the latter will suffer all the consequences.

 

 

Article 10: Force Majeur

 

Are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular Internet.

 

Rose in April will make every effort to inform the customer of the status of the shipment of his package, but can not be held responsible for delays caused.

 

 

Article 11: Right of withdrawal

 

The customer has, within 14 working days from the delivery of his order, a right to return, at his expense, for exchange or refund, products that do not suit him in accordance with Article L 121-16 of the Consumer Code.

 

If this period expires on a Saturday, Sunday or public or non-working day, it is extended until the next working day. The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any damage, however slight, and must be in a perfectly clean condition.

 

The refund will be made by the same means of payment as that used by the customer for the initial transaction, unless the customer specifically requests a credit note, valid for six (6) months from its issue. The refund will be made as soon as possible and at the latest within 14 days following the effective exercise of the right of withdrawal by the customer. This period may however be extended by Rose in April until Rose in April receives the goods returned by the customer to the address indicated on the return form, or until Rose in April receives proof of dispatch of the Articles by the customer. Where the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working day, it shall be extended until the first following working day.

 

In accordance with Article L.221-23 of the Consumer Code, the right is exercised by returning the Article, only shipping costs remain the responsibility of the customer.

 

Customers may benefit from a prepaid return voucher in accordance with article 15 hereof, and (2) in the event of non-conformity of the Items delivered in relation to the Order (in this case, the return costs will be borne by Rose in April).

 

The right of withdrawal is exercised under the same conditions from the Order and before Delivery.

Rose in April suggests to the customer to make the return of its products by registered mail or provided with an additional insurance, guaranteeing him, if necessary, the compensation of the products up to their real market value in the event of spoliation or loss of this merchandise. In all cases, the return is at the customer's risk. It will be up to the customer to preserve any proof of return. The return costs are the responsibility of the customer, who is free to choose the shipping method.

 

Return address Parcels :

 ROSE IN APRIL SAS/ 29 rue du Sergent Bobillot / 92000 Nanterre

 

If the deadline is not respected, Rose in April will not be able to reimburse the customer.

 

Only items returned in their original packaging in perfect condition for resale (plastic pockets...) will be accepted. Consequently, returns of washed and/or worn clothing, as well as damaged boxes will be refused.

Point concerning our shelves: these are particularly fragile. Like any item we send, we check them all before packing. We have developed a special packaging to ensure their delivery in good condition. If you have to send them back to us for any reason, we ask you to follow the packing instructions that you will find in the box.

 

Retraction can never be exercised if the delivered Articles are Articles that have been, even partially, washed, soiled, damaged or used. In the same way, these Articles returned incomplete, damaged or soiled by the customer will neither be taken back nor exchanged.

 

The Articles must also be accompanied by the order number.

 

The customer can only be held liable in the event of depreciation of the Article resulting from manipulations other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.

 

The refund in case of use of the right of withdrawal will be made by the same means of payment as that used by the customer for the initial transaction, unless otherwise specified by the customer.

 

 

Article 12: Security

 

New products sold on the site www.roseinapril.com benefit from the legal guarantee against hidden defects provided by articles 1641 and following of the Civil Code.

Any complaint must be made in advance by email via the "Customer Service" section of the Site.

 

 

Article 13: Personal data

 

The visitors or customers of the site www.roseinapril.com have at any time a right of access, modification, rectification and suppression of the data which concern them in application of the article 34 of the law" data processing and freedoms" of January 6, 1978.

 

When registering the customer or an order, or as part of other specific operations, Rose in April proposes to Visitors or customers to receive its newsletters, promotional offers, and/or to register to be informed of its exclusive sales. The Visitor or customer may at any time modify his subscription through his personal account, or through the hypertext link at the bottom of the newsletters received by e-mail.

 

Rose in April undertakes to take effective account of changes to subscriptions and unsubscriptions to commercial e-mails sent by it as soon as possible according to the necessary processing.

 

Rose in April may also propose to its visitors or customers to receive promotional offers from its partners. Rose in April may for commercial purposes transmit to commercial partners the identity and contact details of its users or customers, only insofar as they have agreed to the disclosure of their personal data. users and customers can modify their choices on the Rose in April website at any time.

 

Rose in April uses data collection systems such as cookies. The cookie is a computer file stored on the hard disk of the user's computer. Cookies make it possible to indicate a previous visit of the user on the site and to link the user to his personal data left on the site, in particular within the framework of the identification of the shopping cart.

 

Rose in April informs its customers that the processing of this personal and/or personal information has been declared to the CNIL under number 1309937 of 31 July 2008.

 

 

Article 14: Intellectual Property

 

The entire content (texts, comments, works, illustrations, images, videos, graphics, sound... including the underlying technologies used) displayed on this site is reserved under copyright and intellectual property law and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only use for private use is authorized, subject to different or more restrictive provisions of the code of intellectual property. Any other use constitutes an infringement and is punishable under Intellectual Property law without prior authorisation from Rose in April. Any total or partial reproduction of the catalogue of the company Rose in April is strictly prohibited.

 

Anyone with a website wishing to place a simple link directly to www.roseinapril.com on their website must request permission from Rose in April. An authorization given by Rose in April shall in no case constitute an implicit affiliation agreement and shall in no case be given definitively. Upon request by Rose in April, this link must be removed.

 

 

Article 15: Entire Terms and Conditions

 

A change in legislation, regulation or a court decision rendering one or more clauses of these general conditions of sale null and void shall not affect the validity of these general conditions of sale.

 

Such a change or observation could in no case allow the customer not to respect these general conditions of sale. If a condition were not explicitly mentioned, it would be considered as governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

 

 

Article 16: Applicable Law

 

The present general conditions of sale are governed by French law. In case of dispute, only the French courts will be competent. In case of difficulty or complaint, the customer can contact Rose in April to find an amicable solution.