Rose comme Femme, owned by the company Rose comme femme, a personal business company, registered with the Lyon Trade and Companies Register under number Lyon A 828 338 236 , whose registered office is at 11 cours docteur longs 69003 Lyon, identified under the intra-community VAT number FR44828338236 (hereinafter "Rose comme Femme"), operates a website accessible at the address https://www.rosecommefemme.com/ (hereinafter the "Site").

These General Terms and Conditions of Sale (hereinafter the "GTC") govern the commercial relations between ROSE COMME FEMME and any natural or legal person placing an order on the Site (hereinafter "the Customer"), it being specified that the protective provisions of the Consumer Code included in the GTC do not apply to orders placed by natural or legal persons placing an order on the Site as part of their professional activity, whatever it may be (artisanal, commercial, liberal, industrial).

I. PURPOSE OF THE GTC AND CURRENT VERSION

1.1. The purpose of these General Terms and Conditions is to define the conditions under which Customers may access the Site, use it and place orders with ROSE COMME FEMME , including all rights and obligations arising therefrom.

They apply to any order placed by Customers through the Site, and to this ordering method exclusively. Where applicable, the T&Cs shall prevail over any other contradictory document not expressly accepted by mutual agreement by the Customer and ROSE COMME FEMME as coming to deviate from the T&Cs.

1.2. All Customers who access the Site undertake to comply, without restriction or reservation, with the General Terms and Conditions, which are accessible at any time on the Site here , and also brought to their attention before confirmation of their order.

1.3. ROSE COMME FEMME may modify these General Terms and Conditions, in particular to take into account any legal, jurisprudential, editorial and/or technical developments. Changes to the General Terms and Conditions will be binding as soon as they are posted online on the Site. From one order to another, ROSE COMME FEMME invites the Customer to carefully reread the T&Cs appearing on the Site, the update dates being indicated.

In the event of modification, the applicable T&Cs are those in effect on the date of the order placed by the Customer.

II. PRODUCTS

2.1. The products offered for sale by ROSE COMME FEMME are those available online on the date of the order by the Customer, within the limit of available stocks.

The Customer will be informed of the unavailability of a product at the time of placing the order.

In the event that the product ordered by the Customer is no longer available after the order has been placed, ROSE COMME FEMME will contact the latter as soon as possible to allow the Customer to either cancel the order and receive a refund for the product concerned, or, if a return to stock of the product is possible, to postpone the delivery date after restocking of said product, or to substitute the unavailable product of an equivalent value. In the event of cancellation and request for a refund, the latter will be made within 10 (ten) days following the date of placing the relevant order, on the bank card used when placing the order.

2.2. Each product sold on the Site is the subject of a presentation summarizing its main characteristics as well as a detailed presentation (including in particular the composition of each product) accessible by clicking on the product concerned and scrolling the page from top to bottom.

2.3. Product prices are indicated in euros, all taxes included, they take into account any reductions as well as the VAT rate in force on the day of the order.

The cost of delivery of the products is not included in the price of the products, and is invoiced in addition to the Customer. Its amount is specified to the Customer prior to the final validation of the order.

The applicable prices are those displayed online on the Site at the time the order is validated by the Customer.

III. ORDERS

3.1. The Customer may browse the Site and view the various products on sale without any obligation to purchase or register, unless certain promotional offers or discounts are reserved for holders of an account on the Site and it is necessary to log in using your username and password to view them.

3.2. Any person wishing to place an order on the Site must be at least 18 years old on the day the order is placed. To place an order on the Site, the Customer must create an account on the Site. Therefore, when placing an order, the Customer must either identify themselves with their identifiers and password or complete the account creation form.

To create an account, the Customer must provide the following information: title, surname, first name, date of birth, full postal address, telephone number, valid email address and a password.

The Customer is required to provide complete, up-to-date and fair information, failing which the liability of ROSE COMME FEMME cannot be engaged in this capacity.

The Customer is informed that some of the information requested is mandatory for the proper execution of the order he has placed, which he expressly acknowledges.

In case of forgotten password, the Customer can obtain a new one by clicking on the link " Forgotten password ". The Customer will receive an email inviting him to choose a new one under the conditions and terms that will be specified to him.

The Customer acknowledges that the combined entry of his identifier (email address) and password constitutes proof of his identity and commits him for any order placed through them. The Customer is responsible for the conservation and his password, which he is advised not to disclose to third parties. The Customer undertakes to inform ROSE COMME FEMME as soon as possible of any use of its username and password which would be carried out by a third party not authorized by the Customer.

3.3. The Customer's order is made in two stages: the Customer chooses and selects the product(s) he wishes to purchase, by clicking on " Add to basket ", and by first consulting the product sheet of the products concerned and checking that they are suitable.

Once the selection has been made, the user can continue their selection by clicking on “ Continue my purchases ”, view a complete summary of their order by clicking on “ My basket ”, or finalize their order by clicking on “ Order ”.

If the Customer chooses to finalize his order, he must then decide on the delivery method, the payment method and the billing and delivery addresses. A summary of the order is presented to him (products ordered, quantity and price of the products, delivery price, delivery method, desired delivery date, etc.) before the Customer definitively confirms it by accepting these General Terms and Conditions and clicking on " place the order" .

The total cost, including VAT and delivery, will be clearly indicated to the Customer in euros before validation of the order.

Until the validation of his order, the Customer has a mechanism allowing him to modify or cancel it, in whole or in part, by means of the functions "modify your basket" or "modify". Validation by the Customer via the payment of the order means that the order is firm and final, unless otherwise provided below. The order can no longer be modified (quantity, products, desired delivery date and time, etc.) after validation by the Customer.

The Customer cannot place an order for a delivery address that is not served by PINK LIKE WOMAN .

3.4. Payment for the Customer's order may be made by credit card (Visa, Mastercard, American Express), Paypal, via the secure interface provided by CIC bank. When payment is made by credit card, the Customer must validate the order by entering a security code sent to him by SMS to the number indicated when creating his account.

In the event of payment by bank card, the Customer must provide the following information: name of the card holder, card number, card expiry date, 3 (three) digit cryptogram number.

Payments by other means of payment than those listed above are not accepted.

Orders are taken into consideration by ROSE COMME FEMME subject to their payment: in the event of payment by credit card, the payment will be taken into consideration at the time of confirmation issued by the banking establishment of the holder of the credit card used for payment. In the event of PayPal payment, the payment will be taken into consideration at the time of confirmation by PayPal of sufficient funding of the related account.

In the event of an order for an amount greater than one hundred (100) euros, ROSE COMME FEMME may require proof of identity and a copy of the card used for payment in order to combat payment fraud.

3.5. Once the order has been validated and payment has been made, the Customer receives an order confirmation by email. This email summarizes the characteristics of the order (products ordered, price, desired delivery time, etc.), as well as the possibilities of exercising the right of withdrawal, for the products for which it can be implemented.

The Customer is recommended to print and/or keep this order confirmation.

IV. DELIVERY

4.1. The Customer's order will be shipped after receipt of the full price of the order, including shipping costs.

4.2. The delivery time specified just before finalizing the order, and on the order summary, starts from the day following the day the Customer validates the order.

4.3. Delivery costs depend on the delivery method chosen by the Customer when placing the order. These are indicated to the Customer when placing the order, and are also detailed here .

Delivery times are expressed in working days, which are understood to be from Monday to Saturday – excluding public holidays.

In the event of exceeding the delivery deadline mentioned when placing the order and in the order confirmation - not due to a case of force majeure, the Customer may cancel his order by registered letter with acknowledgement of receipt addressed to PINK LIKE WOMAN – WEB Service – 1B Rue du manteau jaune – 69005 Lyon.

Delivery by Colissimo

Delivery in two (2) working days from Monday to Saturday in mainland France (excluding Corsica) from 8 a.m. to 7 p.m. on weekdays and from 8 a.m. to 12 p.m. on Saturdays.

The Customer undertakes to check the conformity of his order at the time of its receipt, as well as the condition of the products and in the event that a person other than the Customer is the recipient of the Products, the Customer must ensure that the recipient concerned ensures the conformity and condition of the products upon their delivery. In the event of a conformity problem, the customer must contact Customer Service within 3 days of receiving the package.

The order cannot be cancelled once the package has been shipped. The Customer will be informed of the shipping date of the order by email / by logging in using the Colissimo reference available in their secure space PINK LIKE WOMAN .

In the event of a failed delivery, the package may, at the discretion of Colissimo, be dropped off at a relay point, and the Customer or recipient will be notified by Colissimo.

Delivery by Chronopost

The Customer undertakes to be present or ensure that the recipient of the order is present at the delivery address indicated at the time of the order, on the dates and times indicated by the Customer. If this is not the case, the delivery person will call the number provided by the Customer when registering on the Site.

The average delivery times for orders observed are: for delivery in mainland France, day of order + 2 (two) days. The responsibility of ROSE COMME FEMME cannot be held liable in the event of a delay in delivery beyond its control. In order to know Chronopost's delivery times, we invite you to consult the link below: here .

V. RIGHT OF WITHDRAWAL

5.1. In accordance with Articles L. 221-18 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of any product ordered on the Site. The Customer does not need to provide a specific reason or pay any penalties.

Beyond this period of fourteen (14) clear days, no request for withdrawal will be processed. The right of withdrawal may be exercised with ROSE COMME FEMME by unambiguous letter, sent to 1B Rue du manteau jaune – 69005 Lyon or using the form available here . An acknowledgement of receipt of this form will then be sent to him by PINK LIKE WOMAN .

5.2. Please note that all products can be returned, with the exception of products designated by Article L. 221-28 of the Consumer Code, which cannot be subject to a right of withdrawal. These include (i) products likely to deteriorate or expire quickly (ii) goods that have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

5.3. For products that may be subject to a right of withdrawal, the Customer must return them to the address Rose comme femme – WEB Service – 1B Rue du manteau jaune – 69005 Lyon, within fourteen (14) days from the exercise of the right of withdrawal. The costs of returning the products are the responsibility of the Customer, it being specified that the cost of return varies depending on the type of product concerned, carrier or shipping, weight, size or volume of the products. The products must be returned in their original packaging, unopened, opened or started, intact and ready to be put back on the market.

In the event of exercising the right of withdrawal, the price of the returned product(s) will be refunded, as well as the delivery costs of the initial order (with the exception of additional costs resulting from the Customer's choice to benefit from a more expensive delivery service than the standard delivery service offered on the site), but not the return costs.

5.4. ROSE COMME FEMME will reimburse the Customer using the same means of payment as that used to place the order, at the latest within fourteen (14) days following the sending of proof of shipment of the product before said deadline, or of receipt of the product by PINK LIKE WOMAN .

VI. PRODUCT WARRANTY

All products sold through the Site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, allowing defective products to be returned to PINK LIKE WOMAN .

Legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code)

Article L217-4 Consumer Code
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-7 Consumer Code
“Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-8 Consumer Code
"The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates in the materials that he himself supplied."

Article L217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L217-10 Consumer Code
"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.
The sale cannot, however, be cancelled if the lack of conformity is minor.

Article L.217-11 of the Consumer Code
“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.
These same provisions do not prevent the allocation of damages.

Article L217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code)
Article 1641 Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1644 Civil Code
"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."

Article 1645 Civil Code
"If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer."

Article 1646 Civil Code
"If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale."

Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two (2) years from the discovery of the defect.”

1/ When acting under the legal guarantee of conformity, the consumer:

- benefits from a period of two years from delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good. For second-hand goods, this legal guarantee can be implemented within this 24-month period, under the following conditions: if this lack of conformity is identified within 6 months after delivery, the consumer is exempt from providing proof of said defect. After this period, he will have to prove that this defect existed before the sale.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

2/ The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code, and must act within two (2) years from the discovery of the defect.

VII. USE OF THE PLATFORM - CUSTOMER OBLIGATIONS

7.2. When registering online on the site, the customer agrees to provide true, accurate, up-to-date and complete information about his identity and all the contact details he provides. The use of pseudonyms is strictly prohibited. The Customer agrees to immediately update the data he provided during his registration in the event of a change. Customers are reminded that Article 226-4-1 of the Penal Code punishes with one year of imprisonment and a fine of €15,000 the act of usurping the identity of a third party or using one or more data of any nature allowing the identification of the third party in order to disturb his peace or that of others, or to harm his honor or reputation. The customer who notices one or more facts constituting the offense of identity theft must immediately inform Terra d'Italia via the contact form. A customer can only open one account on the site, which is limited to his or her personal use only.

7.2. The customer is solely responsible for the use made of his account as well as the protection of his identifiers and passwords. Any identity theft, loss, misappropriation or unauthorized use of the identifiers and/or account of a customer and their consequences, are the sole responsibility of this customer. In all the cases mentioned above, the customer is required to notify Terra d'Italia, without delay, by electronic message, specifying his name, first names, postal code, city, date of birth, telephone number, the electronic address used for his account and if possible his old password, via the contact form , to allow Terra d'Italia to take measures to remedy the situation, including the immediate cancellation and/or updating of the relevant identifier and/or password. Misuse of this reporting option may result in the liability of the person who abuses it.

Likewise, the Customer guarantees that he/she is the exclusive user of his/her mobile device. The Customer is solely responsible for the equipment with which he/she accesses the Site (purchase, maintenance, etc.), which he/she has custody of, including his/her email address, username and password, etc. He/she must not leave his/her mobile phone or any other mobile device unattended.

The customer undertakes to take all necessary and useful measures to protect and secure his equipment, identifier and password, in particular by never communicating his identifier and password to third parties or by leaving them accessible to them.

The customer is fully informed of the risks associated with the loss or theft of their username and password, hacking of their equipment or any other fraudulent action allowing unauthorized use of their account.

7.3. In the event of knowledge of manifestly illicit action by a Customer in the context of his activity on the Site or in connection with the latter and/or in the event of violation of the provisions of these General Terms and Conditions and/or of any legal or regulatory obligations, ROSE COMME FEMME may, immediately, without notice or compensation, delete or suspend the customer's account. Terra d'Italia reserves the right to pursue before the competent judicial authorities any use of the Site that does not comply with these General Terms and Conditions.

7.4. Customers acknowledge that their access to the Site may be subject to certain technical requirements. Thus, Customers must have a high-speed internet connection and a recent browser. Failing this, any difficulties in the operation of the Site that may exist cannot in any way engage the responsibility of Rose comme femme.

VIII. PROTECTION OF PRIVACY AND PERSONAL DATA

8.1. Customers must create an account on the Site and provide certain personal data to place an order, including in particular their title, first and last name, email address, telephone number, etc.

8.2. The personal data of Customers are subject to automated processing by ROSE COMME FEMME , which is the data controller, for the purposes of managing and administering the commercial relationship with the Client as well as prospecting.

8.3. Types of data collected:

There are two types of data:

- data marked with an asterisk: this data collected when creating the customer account and/or placing the order is necessary for the proper execution of the order and in particular for the delivery and invoicing of the order;

- other data requiring an optional response when creating the customer account and/or placing the order, communicated voluntarily by the Customer who may withdraw his consent at any time, without affecting the lawfulness of the processing given on the consent made before its withdrawal.

The data collected when creating the Customer account (name, first name, address, etc.) and/or when placing the order are kept for a period of three years from either the end of the commercial relationship or their collection or the last contact from you. This data may then be archived until the end of the applicable limitation periods, to enable proof of a related right to be established or to comply with a legal obligation.

This data will be subject to possible external communications only for: 

• Allow the logistics provider, as a subcontractor, to prepare the order
• Allow the designated carrier, in its capacity as subcontractor, to make deliveries to Customers
• Allow sending newsletters and managing the loyalty program PINK AS A WOMAN
• Allow service providers and subcontractors working for technical purposes (website maintenance, hosting, etc.) to carry out their services,
• To meet legal and regulatory obligations or the request of an administration or judicial authority.

ROSE COMME FEMME ensures optimal security measures against the loss, misuse and alteration of the information entrusted to it or collected from the Client.

In accordance with the applicable regulations on the protection of personal data (arising from May 25, 2018 from the European Regulation on the Protection of Personal Data), the Client has the right to request access, rectification or erasure of personal data, or a limitation of processing, or the right to object to processing and the right to data portability which he can exercise by sending an email to the following address: contact.padistribution@gmail.com or by writing to the head office of PA Distribution Company.

The Customer may also file a complaint with the CNIL.

8.4. ROSE COMME FEMME may set up cookies on the Site. The Customer's prior consent must be obtained for the setting up of these cookies. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits in order to facilitate the registration procedure and the use of the Site by the Customer. In accordance with current legislation, cookies will be kept for 13 (thirteen) months per ROSE COMME FEMME , unless otherwise required by law. At the end of this period, the Customer's consent must be expressly collected again to continue using cookies.

The Customer may object to their installation and/or delete them by following the procedure indicated on their browser.

Cookies cannot run programs or deliver viruses to your computer or mobile phone. Cookies are uniquely assigned and can only be read by the web server in the domain that issued the cookie.

The Customer is informed that by refusing cookies, he may not be able to access certain features of the Site.

Learn all about our Cookies policy.

IX. INTELLECTUAL PROPERTY

9.1. Without this list being exhaustive, the brands “ ROSE COMME FEMME " and its derivatives, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, as well as the company names, trade names, signs, domain names, without this list being exhaustive, constitute protectable elements within the meaning of the French Intellectual Property Code, whether by copyright, trademark law or any other private right. ROSE COMME FEMME is the owner and/or operator.

The systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, databases, etc.) operated by ROSE COMME FEMME on the Site are also protected by all intellectual property rights or database producer rights in force. Any reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of ROSE COMME FEMME are strictly prohibited and may be subject to legal action.

Any reproduction or representation, in whole or in part, of the Site or its components, such as brands, logos, graphic charter, layout, information, photographs, presentation and content of the Site, without this list being limiting, is prohibited.

9.2. Registration on the Site does not entail any transfer of intellectual property rights to the Client, who is solely responsible in the event of non-compliance with the above provisions.

9.3. The Site may contain hypertext links to third-party websites, managed by third parties, on which ROSE COMME FEMME has no control.

Therefore, ROSE COMME FEMME declines all responsibility for the content of these third-party sites, the use that could be made of them as well as the content to which these third-party sites may refer, for which the third party concerned is solely responsible.

1. ACCOUNT DELETION

The Customer may suspend or close his account at any time, for any reason, by sending the request to ROSE COMME FEMME by email to hello@rosecommefemme.com . This deletion will take effect after the expiry of the cancellation and withdrawal periods relating to the last order placed by the Customer.

If the Customer deletes their account, they will no longer be able to place orders via the Site, unless they create a new account.

XI. NON-WAIVER – ENTIRETY – PROOF OF TRANSACTIONS

11.1. The fact that ROSE COMME FEMME not to avail itself of a stipulation of the General Terms and Conditions or of a failure or breach by the Customer of any of its contractual or legal obligations cannot be interpreted as a waiver of the right to avail itself of this stipulation, this failure or this breach.

11.2. In the event that a provision of the T&Cs is declared null or invalid, this provision will be considered unwritten, with all other provisions of the T&Cs continuing to apply.

11.3. Unless proven otherwise, the data recorded by ROSE AS A WOMAN constitutes proof of all transactions.

XII. CUSTOMER RELATIONS DEPARTMENT

The Customer may in all cases contact ROSE COMME FEMME by mail addressed to Rose comme femme – 1B Rue du manteau jaune – 69005 Lyon, or via the contact form.

XIII. APPLICABLE LAW AND COMPETENT JURISDICTION

These T&Cs are governed by French law.

In the event of a dispute relating to an order, the Customer must first contact: ROSE COMME FEMME , in order to find an amicable solution, via the contact form.

Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

In the absence of an amicable outcome and whatever the origin of the conflict, whether it concerns in particular the formation, execution, interpretation, validity, termination or resolution of these General Terms and Conditions and this including for interim procedures, emergency procedures, in the event of summary proceedings, appeal on guarantee, petition or plurality of defendants, this will be under the jurisdiction of the competent French courts, in accordance with the rules of common law, it being specified that the time limits for taking legal action are not interrupted during the time during which an amicable solution is sought or mediation requested by the Customer.

UPDATE DATE: 10/31/2024