Please take note of these general terms and conditions of sale (GTCS) updated on 17/11/2021.
Article 1: Identification of the seller and scope of application
The present terms and conditions express the obligations between the seller and the buyer in the context of a purchase on the laroseetlerenard.com e-commerce site. These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to other distribution and marketing channels. They are accessible on the laroseetlerenard.com e-commerce site and will prevail, if necessary, over any other version or any other contradictory document.
The general conditions of sale are concluded between the limited liability company LA ROSE ET LE RENARD with a share capital of 1500€ and whose registered office is located at 97 rue Achille Testelin - 59 200 TOURCOING - company registered with the RCS of Lille under the number 900 320 722, hereinafter referred to as "the seller".
And
Any natural person wishing to make a purchase or having made a purchase on the e-commerce site of the company la Rose et le Renard, accessible at www.laroseetlerenard.com; hereinafter referred to as "the buyer".
By accepting the GCS, the buyer declares that he/she has full legal capacity to purchase items. If the purchaser is a minor, under guardianship or curatorship, by ticking the box 'I accept the GCS', he/she declares that he/she has the express authorization of his/her legal guardian to accept these GCS. By ticking the 'I accept the GTCS' box, the buyer declares that he/she is purchasing items for his/her own personal use and is not purchasing items with a view to reselling them. He declares that he is not a merchant.
These general terms and conditions of sale apply to the sale of products offered on the www.laroseetlerenard.com e-commerce site. They define the terms and conditions of distance selling between the seller and the buyer, from ordering on the e-commerce site www.laroseetlerenard.com to the delivery of products purchased online, including online payment.
By purchasing on the laroseetlerenard.com website, when the buyer ticks the 'I accept the GTC' box before proceeding to payment, the buyer declares that he/she has read these GTC and accepts them unreservedly and irrevocably.
These terms and conditions are available on the e-commerce website www.laroseetlerenard.com (under the heading "Terms and conditions"), and shall prevail over any other version. As these terms and conditions may change over time, those that apply are those in effect on the day of the order.
If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance-selling sector whose companies are based in France.
Article 2: Presentation of items
Items sold on the www.laroseetlerenard.com e-commerce site, as well as photos of items posted on the Facebook and Instagram social networks, are photographed or filmed to illustrate the rendering of the chosen materials and the cut of the garments.
However, a film or photo should be complemented by a careful reading of the description and composition of the items, as well as the size chart (size guide), which will also give the buyer an understanding of the rendering of the materials and the size of the items. All this information is available on the www.laroseetlerenard.com e-commerce site.
LA ROSE ET LE RENARD cannot be held responsible if the buyer does not find the photo or film featuring the item on the e-commerce site www.laroseetlerenard.com, on Facebook and on Instagram to be faithful to the physical item received by the buyer.
The company LA ROSE ET LE RENARD is the owner of the photos and films featuring the items it sells since it is the issuer since the publication via its digital channels: its e-commerce site www.laroseetlerenard.com; its Facebook account and its Instagram account.
Article 3: Prices and billing
Prices on the www.laroseetlerenard.com e-commerce site are displayed in euros, inclusive of VAT, and include the VAT applicable on the day of the order for France.
Buyers outside the euro zone will purchase an item in euros at the time of payment.
Delivery charges are payable by the buyer. They are added at the end of the order in addition to the prices of the items ordered.
The seller reserves the right to modify the price of its items and the amount of delivery charges at any time. The price of the items plus the
Article 4: Promotions applicable to the laroseetlerenard.com e-commerce website
Article 4: Promotions applicable on the e-commerce site laroseetlereaLa Rose et le Renard may offer the buyer reductions in the form of a percentage to be deducted from the sale price of an item. These discounts are displayed directly on the laroseetlerenard.com e-commerce site. They can also be communicated via a promotional code from a mailing list (newsletter).
All discounts are valid for a limited period of time and are applicable to one or more specific items specified in the communication informing the buyer of the promotion.
Promotional codes are not cumulative and are not refundable. If the buyer wishes to be reimbursed for an item purchased with a discount or promotional code, the seller will reimburse the price paid, with the discount obtained thanks to the discount or promotion. The discount or promotion is then lost by the buyer, and will not be credited to a new purchase (unless, of course, the item is still on sale).
To benefit from the promotional code, the buyer must enter the code during the purchase process on the e-commerce site, in the box indicated for this purpose in the purchase process.
Invoices for orders placed on the laroseetlerenard e-commerce site will be available on the buyer's personal space (customer account).
Article 5: Creating a customer account
To place an order, the buyer must create a customer account by completing a form.
The personal information collected in the 'Login' section is used to process the order, to set up a customer relations program and for statistical purposes.
The customer area also allows you to find and track your current orders. The buyer also benefits from a history of past orders and can retrieve invoices.
Personal data will not be used for any purpose other than fulfilling the order.
Article 6: Cart
From the online store available on the laroseetlerenard.com e-commerce site, buyers can select the items they wish to purchase by clicking on the 'add to basket' action button under each item.
The buyer finalizes his order by viewing the contents of his basket by clicking on the 'Basket' action button. A shopping cart is a web page that lists all the items the buyer has selected via the 'add to cart' action. All prices listed in this summary include VAT.
From this page, the buyer can modify quantities and delete items. They check that their order meets their expectations (choice of items, size, color, etc.). They can add the promotional code. This page informs them of the price to pay - At this stage, delivery costs are estimated, and free delivery in mainland France at a parcel relay point for a basket over €150 is not yet displayed.
The customer can then choose his or her delivery method, and pay for the order, including delivery charges. The customer must tick the 'I accept the terms and conditions' box. Payment of the order constitutes express and irrevocable acceptance of the GCS by the purchaser.
By accepting the GCS and paying for the order, the buyer declares that he/she accepts the choice of items, the prices and the descriptions of the products selected in the shopping basket. Any dispute concerning the order will not be accepted, since the buyer has paid for the basket, which he has checked himself.
No more than 20 items may be purchased at any one time.
Article 7: Delivery zones and rates
The La rose et le Renard site offers a delivery method in line with the colissimo and mondial relay offers. An estimate of delivery times and the cost of delivery proposed by the carriers are displayed. The buyer must select his or her delivery method to confirm the order. The price of the items plus the delivery charges indicated when the order is confirmed becomes the final price of the order for the buyer.
The website offers different delivery options depending on the country of delivery.
We also offer free delivery for baskets over €150 and delivered within mainland France, using Mondial Relay and Colissimo's point de retraits service.
For countries where delivery is not available, La Rose et le Renard offers the buyer the possibility of requesting a quote by contacting us. Depending on the delivery address, La Rose et le Renard will propose a quote including possible offers and delivery costs. The order process cannot be carried out on the website and will be subject to its own terms and conditions, similar to those set out here.
For metropolitan France, to receive his order, the buyer can request delivery to his home or via a parcel depot.
Delivery times vary depending on the carrier. Average delivery times are displayed during the order process.
For customers in the Lille metropolitan area, collection from our head office is only possible by appointment.
It is the buyer's responsibility to check that the delivery address or the choice of collection point is correct. The seller cannot be held responsible if the items are delivered to an incorrect or incomplete address, or to an incorrectly selected parcel collection point.
8 : Delivery times
Delivery times are given by the La Rose et le Renard website as an indication only, because in addition to the delivery times given as an indication or guaranteed by the carrier, there is the preparation of the order and its delivery to the chosen carrier. Although La Rose et le Renard undertakes to prepare the order and deliver the parcel as quickly as possible (less than 72 hours during working hours), unforeseen circumstances may occur (public holidays, vacation, illness, etc.). Added to this is the carrier's delivery time, which is not systematically guaranteed.
Article 9: Payment
When validating the order, the buyer selects the logo of his credit card and validates. They are then redirected to a secure access (https) from Stripe. They enter their bank details according to the instructions given by the paiement platform.
Orders are final once online payment has been accepted.
Modification of the order: any request for modification of the order (even minor) requested by the customer is subject to acceptance by La Rose et du Renard.
The data recorded by the Vendor at the time of online payment constitutes proof of acceptance of the order and then constitutes the invoice. This data is kept by the Vendor. The buyer can access his invoice by consulting his order from his personal space on the site. The data recorded by the Vendor also constitutes proof of all banking transactions.
NB: La Rose et le Renard reserves the right to refuse a customer's order for legitimate reasons. Refusal to honour an order could be linked to the following reasons: if the quantity ordered is very high, if there is an arrears of payment, if there have been repeated difficulties in withdrawing orders which have created disputes, in the event of fraud or attempted fraud relating to the use of the site.
Article 10: Unavailability of items/cancellation of order due to lack of available stock
The items for sale on the La Rose et du Renard e-commerce site are linked to a computerized stock management system. However, if several orders for the same item are placed at the same time, and the computer system is unable to correctly indicate the number of items in stock, the buyer and seller may find themselves in two situations:
- unavailability of the product desired by the buyer, preventing him/her from placing his/her order. La Rose et le Renard may offer to notify the purchaser by e-mail when the product is back in stock.
- unavailability of the product after the buyer has placed his/her order. La Rose et le Renard will refund the full amount of the online payment as soon as possible directly to the purchaser's bank account.
Apart from reimbursement of the price of the unavailable product, La Rose et le Renard is not liable for any cancellation indemnity.
Article 11: Follow-up information
Some carriers set up a website where you can track the progress of your parcel. Depending on the carrier, you may be able to reschedule a delivery and choose a time slot at your convenience.
Article 12: Delayed parcels
Articles L.216-1 to L.216-3 of the French Consumer Code stipulate that if delivery is not made within 30 days of the order date, the buyer must contact the seller in writing, by registered mail to the registered office address or via the contact form, to inform him of the situation. The seller will make every effort to obtain a delivery date from the carrier.
If the carrier assures the seller that the goods are on their way and certifies an imminent delivery date, the buyer and seller agree to extend the 30-day period slightly.
If the seller finds that the carrier is unable to deliver the items within a reasonable time, the buyer and seller will terminate delivery of the items. The seller will reimburse the buyer in accordance with the conditions described in the paragraph 'Return/refund or exchange of items received' and will attempt to recover the item from the carrier. All refunds are made within 14 days of validation of the refund by La Rose et le Renard.
If the item is delivered to the purchaser after the refund has taken place, the purchaser will either have to pay the price of the order again by bank transfer; or he/she will have to return the items at his/her own expense. Items are to be sent by Colissimo to the address of La Rose et le Renard's head office for France, and by any other reliable carrier with a serious tracking process in another country also to the address of La Rose et le Renard's head office. Shipments to a parcel depot are not accepted. As La Rose et le Renard produces few but good products, each item is precious. The purchaser must therefore ensure that the returned item reaches its destination quickly. In this case, return shipping costs are at the buyer's expense. The buyer will contact the seller to receive the return form by e-mail.
Article 13: Damaged parcel
The customer must check the condition of the products delivered. If the package is damaged during delivery, the purchaser must :
- Check the inside of the parcel, as the items ordered may not have been tampered with.
- Formulate precise and detailed reservations on the carrier's delivery receipt in the presence of the delivery person.
- The buyer may also refuse the package
- Take a photograph of the reservations
- Confirm these same reservations to the carrier by registered letter with acknowledgement of receipt within two working days of receipt of the goods.
- Inform the seller by e-mail, including a copy of the letter sent to the carrier, the date and the number of the registered letter.
In the absence of these reservations, the products are deemed to conform to the order and consequently no claim for compensation will be granted. Without these reservations, La Rose et le Renard will not be able to file a claim with the carrier.
Article 14: Undelivered parcels
If the item is lost by the carrier, the buyer must contact the seller by registered mail to the head office or via the contact form to inform him of the situation and indicate whether he wishes to be reimbursed. The seller will contact the carrier to request an investigation. During the investigation period (minimum 21 days), if the loss has not been confirmed, the buyer will not be reimbursed. As soon as the loss is confirmed by the carrier, the seller will reimburse the buyer within 14 days.
If the buyer does not collect the item from the parcel depot, the item will be returned to La Rose et le Renard and the buyer will be automatically reimbursed 14 days after La Rose et le Renard has received the item.
Article 15: Return of items received for exchange, refund or retraction
The item may be refunded or exchanged with the prior agreement of the seller within 14 days of receipt of the seller's agreement. The buyer must contact the seller via the contact form to indicate the reasons for the return and specify whether he/she wishes to exchange the item for another size or be reimbursed. A return or exchange form will then be sent by e-mail to the buyer, to be completed by the latter and inserted in the parcel. Return shipping costs are at the buyer's expense.
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Whether it's a return or an exchange, the item must be sent back within 14 working days of receipt of the return form sent by the seller. The item must be in its original, unworn condition, with the labels and packaging originally supplied, and the returns form inserted in the parcel. If this is not the case, the seller reserves the right to refuse the return for reimbursement or exchange.
No claim will be accepted if the buyer fails to comply with these instructions.
The cost of returning items is at the buyer's expense, unless otherwise specified by La Rose et le Renard in the return confirmation e-mail.
Items are to be sent back by colissimo with a tracking system (La Poste) to the address of la Rose et le Renard's head office for France and by any other reliable carrier with a serious tracking process in another country also to the address of la Rose et le Renard's head office. Shipments to a parcel depot are not accepted.
For a refund:
It is the buyer's responsibility to ensure that all information is transmitted to the seller for identification and reimbursement purposes by correctly completing the return form and inserting it in the parcel. It is also the buyer's responsibility to ensure that the item arrives at the head office address by providing the correct head office address to the post office. If the item is not returned in good condition, no refund or exchange will be made.
La Rose et le Renard will reimburse the price of the item(s) ordered within 14 days of receipt of the item(s) in their original condition with the return form for reimbursement. Delivery charges, if paid by the purchaser at the time of order, will also be reimbursed up to the amount corresponding to the cheapest standard shipping method offered on the La Rose et le Renard website.
For an exchange:
In the case of an exchange, La Rose et le Renard will return the new size at its own expense when delivery to a relay point in mainland France is possible. La Rose et le Renard will send the item to a Mondial Relais or Point Relais Colissimo collection point. This collection point will be chosen by the buyer in consultation with La Rose et le Renard before sending the exchange form.
If you are not served by a Point Relais, or if you would like home delivery or express delivery, then you must return the item for a refund and recommend the item in the size that suits you best.
As this is a commercial gesture, La Rose et le renard will not accept more than one exchange of the same item at its expense. If this is the case, the buyer must return the item for a refund and place a new order.
La Rose et le Renard will also take care to ensure that exchanges are not systematic with each new order for a given buyer.
The purchaser may change his/her mind within 14 days of receiving his/her online order, by exercising his/her right of withdrawal, in accordance with the provisions of article L.121-17 of the French Consumer Code.
Customers may exercise their right of withdrawal as quickly as possible, without having to justify themselves, and within 14 days of receipt of the goods, either by using the contact form on the website, or by registered post to the company's head office. The legal deadline for returning an item(s) is 14 days. The cost of returning the item(s) is borne by the buyer.
To find out more about the right of retraction, the buyer may consult the website :
https://www.service-public.fr/particuliers/vosdroits
Article 16: Ownership of La Rose et le Renard products
La Rose et le Renard is the owner of the items until full payment has been made and the buyer has received the item.
A buyer who has received an item before payment has been made in full is not the owner of the item.
The transfer of ownership to the buyer takes place only after full payment of the items ordered. The risks attached to these items are transferred to the carrier during delivery, and then to the buyer upon full payment and receipt by the latter.
To illustrate its project, La Rose et le Renard used a decorative fox from the Kare design brand and the book Le Petit Prince by Antoine de Saint Exupéry.
Article 17: Seller's liability - Warranty
Under the terms of article L. 211-4 et seq. of the French Consumer Code, and in the event of hidden defects of the item sold under the terms of article 1641 et seq. of the French Civil Code, the buyer is guaranteed a warranty in the event of hidden defects and non-conformity with these articles.
Article 18: Intellectual property
The entire content of the www.laroseetlerenard.com website is protected by current French and international regulations on intellectual property. The texts, photos, logos and drawings on this site are the property of La Rose et Le Renard. In accordance with article L122-4 of law no. 92-597 of July 1, 1992 relating to the intellectual property code, the partial or total representation or reproduction of content is prohibited without the prior written consent of La Rose et Le Renard, under penalty of infringement.
Article 19: Protection of personal data
The French Data Protection Act (CNIL) of January 6, 1978 and the General Data Protection Regulation (RGPD) of April 27, 2016 protect the use that is made of the buyer's personal data.
Article 20: Force majeure and order fulfillment
In the event of force majeure, preventing the execution of the order, the seller's obligations will be automatically suspended. The purchaser will be informed of the situation as soon as possible.
The seller is not liable for non-performance of its obligations. The buyer may not claim compensation for damages or penalties for delay.
The seller shall resume its obligations as soon as the case of force majeure has been resolved.
Article 21: Language of the GCS
These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.
Article 22: Applicable law
These terms and conditions are governed by French law. In the event of a complaint, the purchaser shall first contact the seller to obtain an amicable solution. If no amicable solution can be found, the claim becomes a dispute. It will be analyzed by the competent court, located near the seller's head office.
In accordance with articles L 152-2 et seq. of the French Consumer Code, the buyer may have free recourse to a conventional mediation procedure.
In accordance with European Regulation 524/2013, the company la Rose et le Renard informs of a European dispute resolution platform: http://ec.europa.eu/consumers/odr/