Terms of sale

The roseinapril.com website is the property of SAS ROSE IN APRIL with share capital of €8,000, headquartered at 29, rue du sergent bobillot 92000 Nanterre - France, registered with the RCS of Nanterre under number 751 532 193, VAT number FR80751532193, in its entirety, as well as all related rights.

These general terms and conditions of sale apply to all orders placed with Rose in April for all items and services offered on the roseinapril.com website by non-trading individuals. Consequently, the act of ordering a product offered for sale on the Rose in April website implies full acceptance of these terms and conditions of sale, which the Customer acknowledges having read prior to ordering.

Rose in April reserves the right to modify these terms and conditions at any time.

Nevertheless, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Rose in April website are those accepted by the Customer at the time the order is placed.

SECTION 1 - ENTIRETY


These General Terms and Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions set out in these General Terms and Conditions of Sale. For its part, Rose in April undertakes to respect its role as a retailer within the framework of the said conditions.


SECTION 2 - PURPOSE


The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Rose in April to the Customer, from order to delivery, including payment and use of services provided by Rose in April.


SECTION 3 - SCOPE OF APPLICATION


These General Terms and Conditions govern the sale of products on the day the order is placed by the customer. They apply to all orders placed with SAS ROSE IN APRIL for all items and services offered on the site roseinapril.com unless otherwise agreed in advance in writing.

SECTION 4 - PRODUCT INFORMATION


PRODUCT CHARACTERISTICS
Information such as characteristics or photographs presented on the sites or in e-mails sent by Rose in April are presented as accurately as possible. Each product sheet presents the essential characteristics of the product selected, in accordance with article L.111-1 of the French Consumer Code. This information is intended to inform the Customer as fully as possible about the essential characteristics of the products. The Customer is informed, subject to his rights, of the possibility of a difference in the positioning of the motifs on the product, this difference not affecting in any way the content and characteristics of the product.

PRODUCT AVAILABILITY
Rose in April undertakes to honour orders received only within the limits of available product stocks.

Should the product(s) not be available, Rose in April undertakes to inform the Customer as soon as possible by telephone or e-mail. The latter may then request reimbursement of the sums paid, exchange the unavailable product for another, or cancel the order. The unavailability of a product is indicated on the product page concerned and in the basket summary. In this way, Products may appear with a shipping delay of the type "in stock" or "unavailable".

 

SECTION 5 - ORDERING


CAPACITY TO CONTRACT
Any Customer of the company declares that he/she has the capacity to contract under the conditions described below, i.e. that he/she is an emancipated minor or has reached the age of legal majority and is not protected within the meaning of Article 488 of the French Civil Code. Rose in April reserves the right to refuse any Order from a Customer with whom a dispute exists, in particular a payment dispute.

ACCEPTANCE OF CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the roseinapril.com website. At the Customer's request, they can also be sent by e-mail. The fact that the Customer ticks the box "I accept the terms and conditions of sale", before proceeding to secure payment, constitutes irrevocable acceptance which can only be challenged in the cases set out in the present terms and conditions of sale under the paragraph "right of withdrawal". The Customer acknowledges by this act that he has read and understood the present Conditions and accepts them.

ORDERING
The individual customer may place an order with Rose in April via the Internet 24 hours a day, 7 days a week.

The ordering process consists of 5 successive steps. Once the product selection has been made and the basket validated, the Customer must :

Clearly identify the products selected with the color and size options indicated on the roseinapril.com website.
Identify themselves either by entering their strictly personal e-mail address and password, or by entering their e-mail address or telephone number.
Clearly indicate the information required for delivery. This applies in particular to the precise delivery address and any accessibility restrictions (building, floor, keypad, etc.).
Be sure to indicate the delivery address and billing address, if different.

Indicate delivery method
Finally, indicate your chosen method of payment.
Once the payment method has been selected, the customer must proceed to payment of the order on the secure interface, which will formalize the contract of sale between the customer and Rose in April. This validation constitutes signature and acceptance of all operations carried out on the roseinapril.com website.

 

ORDER CONFIRMATION
An e-mail is automatically sent to the customer to confirm the order, provided that the e-mail address indicated when the order was placed is correct. The customer is responsible for verifying the completeness and accuracy of the information provided to Rose in April. Rose in April cannot be held responsible for any data entry errors and the consequences thereof in terms of delays or errors in delivery. In this context, all costs incurred for re-shipment will be borne by the Customer.

ORDER TRACKING
The Customer can check the status of his order at any time by consulting the "My account" section on the roseinapril.com website, or by clicking on "View your order" in the order confirmation e-mail. This tracking allows the customer to know the status of his order, as well as the status of shipment or delivery of his parcels. This delivery tracking is a direct link to the website of the chosen carrier, which is responsible for delivering your package. The customer can contact Rose in April's customer service department at any time to be informed of the status of their order.

PROOF OF ORDER
Computerized registers, 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.

Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

SECTION 6 - PRICES AND PAYMENT TERMS


Product prices are indicated in euros, inclusive of all taxes, and exclude shipping costs. Prices do not take into account delivery charges, promotional offers or personal discounts, which are indicated before final validation of the order. For the European Union, prices include VAT for each country. Customers from the European Union will therefore be invoiced with the VAT applicable in their country. Any change in the VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.

As Rose in April's suppliers' prices are constantly changing, the prices displayed on the site may be modified at any time. However, prices cannot be modified once the Customer's order has been placed.

Orders to countries outside the European Union are not subject to VAT. The prices indicated on the site for these orders are exclusive of tax and therefore do not include VAT. The customer is also responsible for verifying the possibility of importing the products ordered under the laws of the country of delivery. You may contact the Customs Department for further information.

PAYMENT
Payment in full must be made by the purchaser at the time the order is placed. At no time may the sums paid be considered as deposits or advance payments. All orders are payable in EUROS. To pay for an order, the buyer may use any of the means of payment indicated on the order form: credit card (Carte Bleue, Visa, Mastercard), Paypal, Amex or Apple pay.

Rose in April makes every effort to ensure the confidentiality and security of bank details transmitted to the roseinapril.com website. The site uses a secure SSL (Secure Socket Layer) payment module. The transaction is made via the Shopify payment solution, which only has the banking information provided on the site at the time of payment. SAS ROSE IN APRIL reserves the right to suspend or cancel any order and / or delivery, whatever their nature and level of execution, in case of non-payment of any sum due by the buyer, or in case of payment incident.
As part of an order verification procedure designed to ensure that no one is using another person's bank details without their knowledge, the customer may be asked to send a copy of an identity document and proof of address by e-mail to Rose in April. The order will be validated only after receipt and verification by our services of the documents sent.



SECTION 7 - DELIVERY


Products are delivered to the address indicated by the Customer on the order form. The Customer is responsible for verifying the completeness and accuracy of the information provided to Rose in April. Rose in April cannot be held responsible for any data entry errors and the consequences thereof in terms of late or incorrect delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the Customer's expense.

DELIVERY ZONES
The geographical delivery area for the Rose in April offer is as follows:

Metropolitan France, Corsica & Monaco
Europe: Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.
The customer may contact Rose in April's customer service department for further information on delivery conditions in a specific country. Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They must be paid directly to the carrier at the time of delivery. The customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery. We recommend that you contact the customs authorities for further information.

SHIPPING TIMES
Orders placed online via roseinapril.com are collected every day from Monday to Friday, except on public holidays. Rose in April ships orders twice a week: Monday at noon and Wednesday at noon, so shipping times vary between one and four working days. However, the time required to process and prepare an order may be longer during certain periods of the year (trade shows, school vacations, etc.). You will be informed of this on our website. Your order will be dispatched in a single shipment. If, however, your order consists of more than one package, you will be informed by e-mail when your order is dispatched. Upon receipt of the shipment confirmation e-mail, the customer may take into account the delivery times of the carriers listed below. Rose in April informs its customers that these delivery times do not include Saturdays, Sundays and public holidays.

An e-mail is automatically sent to the Customer when the Products are dispatched, provided that the e-mail address given in the registration form is correct.

TRANSPORT TIMES
Shipping times depend on the carrier chosen by the customer and the place of delivery. Rose in April informs its customers of the shipping times generally observed by carriers. Shipping costs are calculated according to the country of delivery at the time of shopping and are definitively confirmed according to the mode of transport and delivery destination chosen, before the final validation of the order.

However, Rose in April informs its customers that delivery times do not include Saturdays, Sundays and public holidays.

Once your order has been dispatched, the indicative delivery time varies:

For home delivery between :

  • 2 to 4 working days for delivery in mainland France
  • 3 to 8 working days for delivery in Europe


For delivery to a collection point between :

  • 3 to 5 working days for delivery in mainland France
  • 4 to 9 working days for delivery in Europe

These times are those announced by our carrier Colissimo. They may be exceptionally extended in the event of incidents (bad weather, package damage, etc.) or exceptional events (strikes, etc.). No reimbursement of shipping costs will be made in the event of delivery taking longer than those indicated.

If you have a question about an order being prepared or dispatched, please contact us by e-mail at hello@roseinapril.com.

You have 10 working days from the arrival of your parcel at the post office to collect it, and 14 days at a collection point. After this period, your parcel will be returned to us. Upon receipt of your package, we will proceed with the reimbursement of the products ordered. You will still be responsible for shipping costs.

If you are not at home, you can reschedule your delivery date and/or select another delivery location at one of La Poste's collection points via the tracking link on your parcel. You will be notified by Colissimo the day before, by e-mail or sms, of the delivery of your parcel.

If you are absent after two visits, you can collect your parcel from your usual post office within 10 working days. At the end of this period, your parcel will be returned to us. Upon receipt of the returned parcel, we will reimburse you for the products ordered, but you will still be responsible for the delivery costs.

If your parcel is not delivered to the collection point you have selected, this is a unilateral decision by Colissimo and unfortunately we cannot intervene to have your parcel re-delivered to the collection point you had initially chosen. If you decide not to collect the parcel, it will be returned to us at the end of the collection period. Upon receipt of the returned parcel, we will reimburse you for the products ordered, but you will still be responsible for the delivery costs.

Means of delivery outside mainland France
Delivery to European countries and abroad is by Colissimo. The cost of delivery depends on the destination country and the total weight and volume of the items selected. Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They must be paid directly to the carrier at the time of delivery.

In the event of force majeure, SAS ROSE IN APRIL cannot be held responsible for any delays caused. Are considered as force majeure, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals, blocking of supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet or exceptional events (natural disaster, epidemic, lock-out, etc.) delaying or prohibiting the delivery of goods.

PACKAGING
Products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection of the products during delivery. The customer is asked to respect these same standards when returning a product, whether for after-sales service or for a return for convenience. In the event of a product return, if we find that the product has been returned to us damaged due to inadequate packaging, Rose in April may decide to refund only part of the product, or refuse to refund it if it cannot be resold in its original condition.

CARRIER-RELATED DELIVERY DELAYS
In the event of a delay in delivery in relation to the times announced by the carriers, the customer must first contact the carrier to see if the parcel is not pending. If this is the case, the customer may contact Rose in April Customer Service by telephone or e-mail, in order to open an inquiry to search for the parcel. Once the claim has been made and the investigation opened, it may take 3 to 4 weeks for the carrier to return the parcel. If the parcel is found, it will be forwarded immediately to the delivery address. If the parcel is not found, the customer may request the return of the same product, at Rose in April's expense, or a refund of the amount paid. If the product(s) ordered are no longer available, Rose in April will refund the order.

CUSTOMER'S RESPONSIBILITY FOR CHECKING PACKAGES ON RECEIPT
The customer must check the condition of the package in the presence of the carrier and make any necessary reservations on the delivery note in the event of partial or total deterioration. If the customer notes damage to or partial loss of the items transported, he has 3 days from receipt of the goods to notify the carrier of his protest by registered letter or by legal act.

According to article L-224-65, if the customer personally takes delivery of the transported items, and if the carrier cannot prove that he gave the customer the opportunity to check their good condition, according to article L-133-3 of the French Commercial Code, the action against the carrier is extended to 10 days.

Rose in April asks the consumer to protest to the carrier, under the conditions of article L-224-65 of the French Consumer Code (within 3 to 10 days), in order to facilitate Rose in April's recourse against the carrier.

Important: for fragile products, we recommend that you unpack the goods in front of the delivery person. However, if you find that the product is damaged, you must mention this on the delivery note, otherwise the delivery company cannot be held responsible.

SECTION 8 - RIGHT OF WITHDRAWAL AND RETURN


In accordance with article L-221-18 of the French Consumer Code, the consumer has a statutory period of fourteen days from the day following delivery to inform Rose in April of his or her intention to withdraw from the contract. They have a legal period of 14 days from the date of communication of their decision to withdraw to return the goods (article L.221-23 of the French Consumer Code).

The refund will be made by the same means of payment used by the Customer for the initial transaction, unless the Customer specifically requests a credit note. Refunds will be made as soon as possible, and at the latest within 14 days of receipt of the product by us in the event that the withdrawal period is invoked.

In accordance with article L.221-23 of the French Consumer Code, this right is exercised by returning the Article, with only the shipping costs remaining payable by the Customer.

How to exercise the right of withdrawal
To do so, the customer must choose one of the following methods:

The return request can be made :

- Either by logging on to the Rose in April website, in the "My Account" section: simply select the order concerned, click on "return request", tick the product and quantities to be returned and validate by clicking on "Validate your return request".
- Or by contacting Customer Service by e-mail, who will inform the customer of the procedures to follow. In particular, the customer can use the retraction form shown below Model retraction form (Please complete and return the form together with your order number only if you wish to withdraw from the contract).
Customer service: hello@roseinapril.com

I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on [.....................................] (*) received on [.........................................] (*)
Order number: [.................................................................]
Name of consumer(s): [........................................................................]
Address of customer(s): [.............................................................................. .............................................................................................................................................]
Signature of consumer(s) (only in the case of notification of this form on paper) Date: [..........................................]

Important: you must wait for your request to be validated before returning the product(s) concerned.

Rose in April suggests that the customer return the goods by registered post or by taking out additional insurance, guaranteeing compensation for the actual market value of the goods in the event of spoliation or loss. In all cases, returns are made at the customer's risk. It is the customer's responsibility to retain all proof of return. The cost of return shipment is borne by the customer, who is free to choose the method of shipment.

Return address :

Rose in April, 29 rue du sergent bobillot 92000 Nanterre - France

Special point concerning our shelves: they are particularly fragile. As with every item we send, we check each one before packing. We have developed special packaging to ensure that they are delivered in good condition. If, for any reason, you need to send them back to us, we ask you to follow the packing instructions in the box.

Rose in April will not be able to reimburse the Customer if the above-mentioned time limits are not respected. Only items returned in their original packaging in perfect condition for resale, with label, will be accepted. Consequently, returns of washed and/or worn garments or accessories, as well as damaged boxes, will be refused.



Withdrawal may never be exercised if the items delivered have been, even partially, washed, soiled, damaged or used. Similarly, items returned incomplete, damaged or soiled by the customer will not be taken back or exchanged. Items must also be accompanied by the order number.

Refunds in the event of the right of withdrawal being exercised will be made by the same means of payment as that used by the Customer for the initial transaction.

SECTION 9 - WARRANTIES, CLAIMS AND MEDIATION


Legal warranty of conformity
In accordance with article 217-8 of the French Consumer Code, the legal guarantee of conformity is valid for two years. In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced, or, failing this, to have the price reduced or the contract rescinded under the conditions set out.

Rose in April delivers a good that conforms to the contract and to the criteria set out in article L. 217-5. It is liable for defects in conformity existing at the time of delivery of the good within the meaning of Article L. 216-1, which appear within two years of delivery. Article L.217-4. Goods conform to the contract if they meet the following criteria:

It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
It is updated in accordance with the contract.

Article L.217-5. In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:

  • It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
  • Where applicable, it possesses the qualities which the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
  • Where applicable, the digital elements it contains are supplied according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
  • If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
  • Where applicable, it is supplied with updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19 ;
  • It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of distribution, or by any other person in the supply chain.

However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates :

  • That he was not aware of them and could not legitimately have been aware of them ;
  • That at the time the contract was concluded, the public declarations had been corrected in conditions comparable to the initial declarations;
  • That the public statements could not have influenced the decision to purchase.

The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.

Article L217-7. Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.
Article L.217-11. Bringing the goods into conformity is free of charge for the consumer. The consumer is not required to pay for the normal use made of the replaced good during the period prior to its replacement.

Complaints / Mediation

All complaints must be made in advance by e-mail to Customer Service.

  • Contact address: hello@roseinapril.com

Where applicable, reimbursement will be made within 14 days of receipt of the item by Rose in April, depending on the method of payment chosen when the order was placed, either to the credit card used for payment, or to the Customer's PayPal account. These provisions are not exclusive of the aforementioned right of withdrawal.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, we offer a consumer mediation service. The chosen mediation body is: CNPM - MEDIATION DE LA CONSOMMATION. In the event of a dispute, you can submit your claim on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond - France.

SECTION 10 - LIABILITY

The products offered comply with current French legislation and standards applicable in France. Rose in April shall not 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 local authorities about the possibility of importing or using the products you intend to order.

SECTION 11 - Intellectual property

All texts, comments, works, illustrations and images reproduced on the roseinapril.com website are protected by copyright, trademarks or patents. They are the exclusive property of SAS ROSE IN APRIL.

As such, any total or partial reproduction of the elements making up the roseinapril.com site on any medium whatsoever is strictly prohibited without prior agreement.

Any person with a website wishing to place on its site a simple link directly to the site roseinapril.com must request permission from SAS ROSE IN APRIL, however a simple authorization does not constitute an implicit agreement of affiliation and be assigned on a permanent basis. For this reason, SAS ROSE IN APRIL requests that this link be removed.

SECTION 12 - Personal, nominative or private information

The collection of personal information for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders. Failure to provide this information will result in the non-validation of the order. SAS ROSE IN APRIL complies with the French Data Protection Act of January 6, 1978 relating to the processing of personal data, amended in 2004. This law stipulates that the company collecting personal data must have the consent of the person concerned, that the data must be accurate and that it must be collected for a precise, clear and legal purpose. All individuals must have access to their personal data and the right to modify it. In accordance with the law, the processing of nominative information relating to the customer has been declared to the CNIL. CNIL declaration n° 2069817 v 0 The customer has the right to access, modify, rectify and delete data concerning him/her, which he/she may exercise by contacting SAS ROSE IN APRIL.

The company SAS ROSE IN APRIL undertakes never to communicate the details of its customers to a third party, with the exception of companies carrying out transport and delivery operations for products ordered by the customer.

SECTION 13 - Entirety of the Conditions

A change in legislation, regulations or a court decision rendering one or more clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale and allow the customer not to comply with these general terms and conditions of sale. If a condition is not explicitly mentioned, it will be considered to be governed by the practices in force in the distance-selling sector whose companies are based in France.

SECTION 14 - Applicable law

The General Terms and Conditions are governed by French law. In the event of a dispute, the Customer undertakes to find an amicable solution before taking any action before the courts. Should an amicable solution fail, any action may be brought only before the French courts. The competent court will be that of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the Product.