General conditions of sale

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

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

I. PURPOSE OF THE GTC AND APPLICABLE VERSION

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

They apply to any order placed by Customers through the Site, and to this method of ordering exclusively. Where applicable, the GTC shall prevail over any other conflicting document that has not been expressly accepted by mutual agreement between the Customer and ROSE COMME FEMME as derogating from the GTC.

1.2. All Customers who access the Site undertake to comply, without restriction or reservation, with the GTC, which are accessible at any time on the site and are also brought to their attention before they confirm their order.

1.3. ROSE COMME FEMME may amend these GTC, in particular to take into account any legal, case-law, editorial and/or technical changes. Amendments to the GTC become enforceable as soon as they are published on the Site. From one order to the next, ROSE COMME FEMME invites the Customer to carefully reread the GTC on the Site, the dates of update being indicated.

In the event of amendment, the applicable GTC are those in force 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 Customer's order, while stocks last.

The Customer will be informed if a product is unavailable when placing the order.

If the product ordered by the Customer is nevertheless no longer available after the order has been placed, ROSE COMME FEMME will contact the Customer as soon as possible so that the Customer can either cancel the order and be refunded for the product concerned, or, if the product is expected back in stock, postpone the delivery date until the product has been restocked, or replace the unavailable product with one of equivalent value. In the event of cancellation and a request for a refund, the refund will be made within 10 (ten) days of the date of the order, to the bank card used to place the order.

2.2. Each product sold on the Site is presented with a summary of its main characteristics and a detailed description (including the composition of each product), accessible by clicking on the product concerned and scrolling down the page.

2.3. Product prices are shown in euros, including all taxes; they take into account any discounts and the VAT rate in force on the day of the order.

The cost of delivering the products is not included in the price of the products and is charged to the Customer in addition. The amount is shown to the Customer before the order is finally confirmed.

The applicable prices are those displayed online on the Site when the Customer confirms the order.

III. ORDERS

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

3.2. Anyone wishing to 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. When placing an order, the Customer must therefore either log in with their username and password or fill in 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 must provide complete, up-to-date and truthful information, failing which ROSE COMME FEMME cannot be held liable in this respect.

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

If the password is forgotten, the Customer can obtain a new one by clicking on the link " Forgot your password? ". The Customer will receive an email inviting them to choose a new one under the terms and conditions that will be specified.

The Customer acknowledges that the combined entry of their username (email address) and password constitutes proof of their identity and binds them for any order placed using them. The Customer is responsible for keeping their password safe and is advised not to disclose it to third parties. The Customer undertakes to inform ROSE COMME FEMME as soon as possible of any use of their username and password by a third party not authorised by the Customer.

3.3. The Customer's order is placed in two stages: the Customer chooses and selects the product(s) they wish to buy by clicking on " Add to cart ", having first consulted the product page of the products concerned and checked that they are suitable.

Once the selection has been made, the Customer can continue shopping by clicking on " Continue shopping ", view a complete summary of the order by clicking on " My cart ", or complete the order by clicking on " Checkout".

If the Customer chooses to complete the order, they must then choose the delivery method, the payment method and the billing and delivery addresses. A summary of the order is presented (products ordered, quantity and price of the products, delivery price, delivery method, requested delivery date, etc.) before the Customer finally confirms it by accepting these GTC and clicking on " place order".

The total cost, including VAT and delivery, will be clearly shown to the Customer in euros before the order is confirmed.

Until the order is confirmed, the Customer has a mechanism allowing them to modify or cancel it, in whole or in part, using the "edit your cart" or "edit" functions. Confirmation by the Customer through 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, requested delivery date and time, etc.) once it has been confirmed by the Customer.

The Customer may not place an order for a delivery address that is not served by ROSE COMME FEMME.

3.4. For deliveries outside France, the prices displayed on our site are shown excluding local taxes, customs duties and any other taxes that may be charged by the country of destination.
These additional costs, which may be collected when the parcel arrives in the country of delivery, are payable by the customer.
It is the customer's responsibility to find out from the competent local authorities about any applicable taxes or duties and to pay them.

3.5. Payment for the Customer's order can be made by bank card (Visa, Mastercard, American Express) or PayPal, via the secure interface provided by CIC bank. When payment is made by bank card, the Customer must confirm the order by entering a security code sent by text message to the number given when the account was created.

For payment by bank card, the Customer must provide the following information: name of the cardholder, card number, expiry date and the 3 (three)-digit security code.

Payment methods other than those listed above are not accepted.

Orders are taken into account by ROSE COMME FEMME subject to payment: for payment by bank card, payment will be taken into account upon confirmation by the bank of the holder of the card used for payment. For PayPal payments, payment will be taken into account when PayPal confirms that the relevant account has sufficient funds.

For orders of more than one hundred (100) euros, ROSE COMME FEMME may request proof of identity and a copy of the card used for payment in order to combat payment fraud.

3.6. Once the order has been confirmed and payment made, the Customer receives an order confirmation by email. This email summarises the details of the order (products ordered, price, requested delivery time, etc.) and how to exercise the right of withdrawal for products to which it applies.

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

IV. DELIVERY

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

4.2. The delivery time stated just before the order is completed, and in the order summary, runs from the day after the Customer confirms the order.

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

Delivery times are expressed in working days, meaning Monday to Saturday, excluding public holidays.

If the delivery deadline stated when the order was placed and in the order confirmation is exceeded, and this is not due to force majeure, the Customer may cancel the order by registered letter with acknowledgement of receipt sent to ROSE COMME FEMME – Web Department – 5 avenue Berthelot – 69007 Lyon.

Delivery by Colissimo

Delivery in two (2) working days, Monday to Saturday, in mainland France (excluding Corsica), from 8 am to 7 pm on weekdays and from 8 am to 12 noon on Saturdays.

The Customer undertakes to check that the order is compliant on receipt, as well as the condition of the products, and if a person other than the Customer is the recipient of the Products, the Customer must ensure that this recipient checks the compliance and condition of the products on delivery. In the event of a compliance problem, the customer must contact Customer Service within 3 days of receiving the parcel.

The order cannot be cancelled once the parcel has been shipped. The Customer will be informed of the shipping date of the order by email / by logging in with the Colissimo reference available in their secure area at ROSE COMME FEMME.

If delivery fails, the parcel may, at Colissimo's discretion, be left at a pickup point, and the Customer or the recipient will be notified by Colissimo.

Delivery by Chronopost

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

The average observed delivery times are: for delivery in mainland France, day of order + 2 (two) days. ROSE COMME FEMME cannot be held liable for delivery delays beyond its control. To find out Chronopost delivery times, please consult the following link: here.

4.4. In accordance with article L. 216-1 of the French Consumer Code, Rose comme femme is responsible for the proper fulfilment of the order, including delivery, except in cases of force majeure or fault attributable to the customer.

If an order is shown as "delivered" by the carrier but has not been received by the customer, the customer must report the incident within 48 working hours of the presumed delivery date, in writing (email or contact form).

Rose comme Femme will then open an investigation with the carrier, which may take up to 30 working days. During this period, no reshipment or refund can be made, unless there is clear evidence of a delivery error.

To continue processing the claim, the customer must provide:

• a sworn statement of non-receipt of the parcel,

• and a copy of the complaint filed with the competent authorities (police or gendarmerie), stating the tracking number of the parcel concerned.

These documents are essential to continue the investigation, trigger any compensation by the carrier, and consider a refund or reshipment.

If the investigation concludes that the parcel was correctly delivered to the address given when ordering, and in the absence of evidence of fraud or failure by the carrier, Rose comme femme cannot be held liable.

The customer is invited to check with those around them or their building caretaker whether the parcel may have been received on their behalf. In case of doubt, it is also advisable to file a report or complaint as soon as possible.

V. RIGHT OF WITHDRAWAL

5.1. In accordance with articles L. 221-18 et seq. of the French 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 give any particular reason or pay any penalties.

After this period of fourteen (14) clear days, no withdrawal request will be processed. The right of withdrawal may be exercised with ROSE COMME FEMME by an unambiguous letter sent to 5 avenue Berthelot – 69007 Lyon or using the form available here. An acknowledgement of receipt of this form will then be sent by ROSE COMME FEMME.

5.2. It should be noted that all products may be returned, with the exception of the products referred to in article L. 221-28 of the French Consumer Code, which are not subject to the right of withdrawal. These include (i) products likely to deteriorate or expire rapidly and (ii) goods that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection.

5.3. For products subject to the right of withdrawal, the Customer must return them to Rose comme femme – Web Department – 5 avenue Berthelot – 69007 Lyon, within fourteen (14) days of exercising the right of withdrawal. Return costs are payable by the Customer, it being specified that the cost of return varies according to the type of product, carrier or shipping method, and the weight, size or volume of the products. Products must be returned in their original packaging, unsealed, unopened and unused, intact and ready to be resold.

If the right of withdrawal is exercised, the price of the returned product(s) will be refunded. The delivery costs of the original order will not be refunded. Return costs are also payable by the customer.

5.4. ROSE COMME FEMME will refund the Customer using the same means of payment as that used to place the order, no later than fourteen (14) days after sending proof that the product was shipped before the said deadline, or after receipt of the product by ROSE COMME FEMME.

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 ROSE COMME FEMME.

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

Article L217-4 of the French 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.
The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was made the seller's responsibility by the contract or was carried out under the seller's responsibility."

Article L217-5 of the French Consumer Code
"The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the seller."

Article L217-7 of the French Consumer Code
"Any lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed."

Article L217-8 of the French Consumer Code
"The buyer is entitled to demand that the goods conform to the contract. However, the buyer may not contest conformity by invoking a defect of which they were aware or could not have been unaware when entering into the contract. The same applies when the defect originates in materials supplied by the buyer."

Article L217-9 of the French 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 that choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Article L217-10 of the French 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 option is open to the buyer:
1° If the solution requested, offered or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use the buyer intends.
However, the sale cannot be cancelled if the lack of conformity is minor."

Article L.217-11 of the French Consumer Code
"The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the buyer.
These same provisions do not preclude the award of damages."

Article L217-12 of the French Consumer Code
"Any action resulting from a lack of conformity is time-barred two years after delivery of the goods."

Legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code)
Article 1641 of the French Civil Code
"The seller is bound by the guarantee for hidden defects in the item sold that make it unfit for its intended use, or that reduce that use so much that the buyer would not have bought it, or would only have paid a lower price, had they known of them."

Article 1644 of the French Civil Code
"In the cases of articles 1641 and 1643, the buyer may choose to return the item and have the price refunded, or to keep the item and have part of the price refunded."

Article 1645 of the French Civil Code
"If the seller knew of the defects in the item, the seller is liable, in addition to refunding the price received, for all damages to the buyer."

Article 1646 of the French Civil Code
"If the seller was unaware of the defects in the item, the seller is only required to refund the price and reimburse the buyer for the costs incurred by the sale."

Article 1648, paragraph 1 of the French Civil Code
"Any action resulting from redhibitory defects must be brought by the buyer within two (2) years of discovering the defect."

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

- has two years from delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
- does not have to prove the existence of the lack of conformity during the 24 months following delivery of the goods. For second-hand goods, this legal guarantee may be invoked within this 24-month period under the following conditions: if the lack of conformity is detected within 6 months of delivery, the consumer does not have to prove the defect. After this period, the consumer must prove that the defect existed before the sale.

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

2/ The consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the consumer may choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code, and must act within two (2) years of discovering the defect.

VII. USE OF THE PLATFORM – CUSTOMER OBLIGATIONS

7.2. When registering online on the site, the customer undertakes to provide true, accurate, up-to-date and complete information about their identity and all the contact details they provide. The use of pseudonyms is strictly prohibited. The Customer undertakes to update immediately any data provided at Registration if it changes. Customers are reminded that article 226-4-1 of the French Criminal Code punishes with one year's imprisonment and a fine of €15,000 the act of usurping the identity of a third party or using one or more pieces of data of any kind that make it possible to identify them in order to disturb their peace or that of others, or to harm their honour or reputation. Any customer who discovers one or more acts constituting the offence of identity theft must immediately inform Rose comme Femme via the contact form. A customer may only open one account on the site, which is limited to their own personal use.

7.2. The customer is solely responsible for the use made of their account and for protecting their username and passwords. Any identity theft, loss, misappropriation or unauthorised use of a customer's login details and/or account, and their consequences, are the sole responsibility of that customer. In all the cases mentioned above, the customer must inform Rose comme Femme without delay by email, stating their surname, first names, postcode, town, date of birth, telephone number, the email address used for their account and, if possible, their old password, via the contact form, so that Rose comme Femme can take measures to remedy the situation, in particular by immediately cancelling and/or updating the username and/or password concerned. Misuse of this reporting option may give rise to the liability of the person who misuses it.

Likewise, the Customer guarantees that they are the exclusive user of their mobile device. The Customer is solely responsible for the equipment with which they access the Site (purchase, maintenance, etc.), which is in their care, including their email address, username and password, etc. They must not leave their mobile phone or any other mobile device unattended.

The customer undertakes to take all necessary and appropriate measures to protect and secure their equipment, username and password, in particular by never disclosing their username and password to third parties or leaving them accessible to them.

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

7.3. If it becomes aware of manifestly unlawful conduct by a Customer in connection with their activity on the Site and/or of a breach of the provisions of these GTC and/or of any legal or regulatory obligations, ROSE COMME FEMME may immediately, without notice or compensation, delete or suspend the customer's account. Rose comme Femme reserves the right to take legal action before the competent courts against any use of the Site that does not comply with these GTC.

7.4. Customers acknowledge that their access to the Site may be subject to certain technical requirements. In particular, Customers must have a broadband internet connection and a recent browser. Otherwise, Rose comme femme cannot be held liable in any way for any difficulties in the operation of the Site.

VIII. PROTECTION OF PRIVACY AND PERSONAL DATA

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

8.2. Customers' personal data are processed automatically by ROSE COMME FEMME, which is the data controller, for the purposes of managing and administering the commercial relationship with the Customer and for marketing purposes.

8.3. Types of data collected:

There are two types of data:

- data marked with an asterisk: these data, collected when the customer account is created and/or the order is placed, are necessary for the proper fulfilment of the order, in particular for its delivery and invoicing;

- other data requiring an optional answer when the customer account is created and/or the order is placed, provided voluntarily by the Customer, who may withdraw their consent at any time, without affecting the lawfulness of processing based on consent given before its withdrawal.

The data collected when the Customer account is created (surname, first name, address, etc.) and/or when the order is placed are kept for three years from either the end of the commercial relationship or their collection or your last contact. These data may then be archived until the end of the applicable limitation periods, in order to provide evidence of a related right or to comply with a legal obligation.

These data will only be disclosed externally in order to:

• Allow the logistics provider, as a subcontractor, to prepare the order
• Allow the designated carrier, as a subcontractor, to make deliveries to Customers
• Allow newsletters to be sent and manage the loyalty programme of ROSE COMME FEMME
• Allow service providers and subcontractors acting for technical purposes (website maintenance, hosting, etc.) to carry out their services,
• Comply with legal and regulatory obligations or with a request from 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 Customer.

In accordance with the applicable personal data protection regulations (resulting, since 25 May 2018, from the European General Data Protection Regulation), the Customer has the right to request access to, rectification or erasure of personal data, or restriction of processing, as well as the right to object to processing and the right to data portability, which can be exercised by sending an email to the following address: hello@rosecommefemme.com or by writing to the registered office of the company BERTHELON.

The Customer may also lodge a complaint with the CNIL (French data protection authority).

8.4. ROSE COMME FEMME may use cookies on the Site. The Customer's prior consent must be obtained before these cookies are set. A cookie is an automatic tracking process that records information about browsing on the Site and stores information entered during visits in order to make registration and use of the Site easier for the Customer. In accordance with current legislation, cookies will be kept for 13 (thirteen) months by ROSE COMME FEMME, unless otherwise required by law. At the end of this period, the Customer's consent must be expressly obtained again to continue using cookies.

The Customer may refuse cookies and/or delete them by following the procedure indicated in their browser.

Cookies cannot run programs or introduce viruses onto the computer or mobile phone. Cookies are uniquely assigned and can only be read by the web server of the domain that issued the cookie.

The customer is informed that by refusing cookies, they may not be able to access certain features of the site.

IX. INTELLECTUAL PROPERTY

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

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by ROSE COMME FEMME on the Site are also protected by all applicable intellectual property rights or database producers' rights. 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 authorisation of ROSE COMME FEMME is strictly prohibited and may give rise to legal proceedings.

Any total or partial reproduction or representation of the Site or its components, such as the trademarks, logos, graphic charter, layout, information, photographs, presentation and content of the Site, without this list being limitative, is prohibited.

9.2. Registration on the Site does not entail any transfer of intellectual property rights to the Customer, who is solely responsible for any failure to comply with the above provisions.

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

Consequently, ROSE COMME FEMME accepts no liability for the content of these third-party sites, the use that may be made of them or the content to which these third-party sites may link, for which the third party concerned is solely responsible.

1. ACCOUNT DELETION

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

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 does not rely on a provision of the GTC or on a failure or breach by the Customer of any of their contractual or legal obligations shall not be interpreted as a waiver of the right to rely on that provision, failure or breach.

11.2. If any provision of the GTC is declared null or invalid, that provision will be deemed unwritten, and all the other provisions of the GTC will continue to apply.

11.3. Unless proven otherwise, the data recorded by ROSE COMME FEMME constitute proof of all transactions.

XII. CUSTOMER SERVICE

In all cases, the Customer may contact ROSE COMME FEMME by post to Rose comme femme – 5 avenue Berthelot – 69007 Lyon, or via the contact form.

XIII. APPLICABLE LAW AND JURISDICTION

These GTC are governed by French law.

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

In addition, 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 settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

Failing an amicable settlement, and whatever the origin of the dispute, including in particular the formation, performance, interpretation, validity, termination or cancellation of these GTC, and including for protective measures, emergency proceedings, summary proceedings, third-party claims, applications or multiple defendants, the dispute will fall within the jurisdiction of the competent French courts, in accordance with the rules of ordinary law, it being specified that the time limits for taking legal action are not interrupted while an amicable solution is being sought or mediation is requested by the Customer.

LAST UPDATED: 05/05/2025