The Rosajou Boutique is an e-commerce site accessible through the Internet network at www.rosajou.com. It is open to any user of this network. It is published by the company La Fabrique Française with the name Rosajou, simplified joint-stock company with capital of 8,190 euros, having its head office 418, rue du Mas de Verchant in Montpellier, registered with the RCS of Montpellier, under the number 810 855 460, represented by Delphine Lescallier, President.
The site www.rosajou.com allows La Fabrique Française to offer for sale, beauty products of the brand Rosajou, exclusive property of La Fabrique Française, to users browsing the Site.
Under the terms of the present, words or expressions whose initials are capitalized will have the meanings defined below, unless their context clearly dictates otherwise :
2. Legal information
The Website is published and distributed by La Fabrique Française, represented by Delphine Lescallier, President.
Simplified joint-stock company with a capital of 8,190 euros.
Head office : 418, rue du Mas de Verchant 34000 Montpellier FRANCE
SIRET : 810 855 460 00038
Registered at the Paris Trade and Companies Registry under number : 810 855 460.
VAT number : FR04810855460
The company La Fabrique Française can be contacted by mail to the following address : firstname.lastname@example.org
Realization of the site, graphic design and development : JeSurfe
Photo credits : Arnaud Lescallier
The Site is hosted by the company OVH, simplified joint-stock company with a capital of € 10,059,500 whose head office is at 2 rue Kellermann, 59100 Roubaix, registered with the register of commerce and companies of Lille Métropole under the number 424 761 419 00045.
Phone : 08 20 69 87 65.
This site has been declared to the National Commission on Data Protection and Freedoms (Receipt CNIL 1988015v0 September 5, 2016). The personal data recorded on this site will be stored and used in accordance with the law of January 6, 1978 relating to computing and freedoms. Users of this site have a right to access, rectify and delete data concerning them, they can exercise with our customer service.
Any order as well as the access to the Site are subject to these Terms and Conditions of Sales. They apply, without restriction or reservation, to all sales of all Products offered on the Site.
They may have to evolve without any other notification than their posting. Any order is subject to the version of the Terms and Conditions applicable on the day of the order. Each Customer is therefore invited to consult them on the D-Day of the order on the Site.
The Site is accessible through the Internet, open to any user of this network. The setting up of the IT resources allowing the access to the Site and the expenses of access are the responsibility of the Customer. The responsibility of La Fabrique Française can not be held liable for damages that may result from the use of the Internet, including but not limited to bugs, computer viruses or interruption of service.
The sale on the Site is reserved for natural or legal non-commercial persons, major and having the legal capacity to contract.
As such, any Order not clearly corresponding to a retail sale and, more generally, any Order fraudulent or presumed as such, will be considered by La Fabrique Française as null and void. The buyer, prior to his Order, declares that the purchase of products on the site of distance selling is not directly related to a professional activity and is limited to a strictly personal use.
The order by the Customer implies the acceptance of all these Terms and Conditions by the Customer who expressly acknowledges having read and accepted them by clicking on a button "I have read and accepted all of the general conditions and terms of sale ».
4. The Products
La Fabrique Française undertakes to deliver Products meeting the requirements for the control of ingredients and the safety of products in accordance with the legislative and regulatory provisions in force, in particular with the European Regulation (CE) n°1223/2009 of the Parliament and the Council of 30 November 2009 on cosmetic products.
The Products are those appearing on the Site on the day of its consultation by the Customer. He is invited to refer to the description of each Product, by clicking on each "Product Sheet", in order to know its properties and particularities. They are described and presented as accurately as possible, within the meaning of Article L.111-1 of the French Consumer Code. However, photographs and texts have no contractual value and in no way commit La Fabrique Française. A cosmetic product always has a different rendering depending on the light used and the skin tone of the one who wear it.
The choice and purchase of a Product are therefore under the sole responsibility of the Customer. Descriptions, illustrations, references, features, content, specifications, price and availability of any Product are subject to change without notice. In any case, in case of non-compliance of the delivered Product with respect to its description on the Site, the Customer may exercise his right of withdrawal.
La Fabrique Française guarantees that its products comply with the legal guarantee of conformity mentioned in articles L.217-4 to L.217-12 and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
Article L.217-4 of the Consumer Code provides :
"The seller delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery.
He also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility ".
Article L.217-5 of the Consumer Code provides :
"The good is in accordance with the contract :
1° If it is specific to the usually expected use of a similar good and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model ;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling ;
2° Or if it has the characteristics defined by mutual agreement by the parties or is proper to any special use sought by the buyer, made known to the seller and the latter has accepted ".
Article L.217-12 of the Consumer Code provides :
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good".
Article L.217-16 of the Consumer Code provides :
"When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization at least seven days is added to the duration of the warranty that remained to run.
This period starts from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention ".
Article 1641 of the Civil Code provides that :
"The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given a lower price if he had known them.
The first paragraph of article 1648 of the Civil Code states that :
"The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect".
The guarantee offered by La Fabrique Française does not cover Products damaged during transport or due to misuse.
6. Price of Products
The applicable prices are those specified on the Site at the time the Customer validates his order. The prices are presented in euros (€) including all French taxes. La Fabrique Française reserves the right to charge different prices depending on the country of delivery and to modify, without notice, the price of its Products without, however, that these modifications may have an impact on orders already accepted. .
The delivery costs applicable and at the expense of the Customer are mentioned, as such, on the summary of the order before validation. These fees vary depending on the country of delivery and the delivery method chosen by the Customer (see the Delivery page).
7. Ordering process
The Customer materializes his order by completing the following steps :
Create a Customer Account
Purchase by clicking on "add to cart"
Check the shopping cart - changing quantities and removing product if necessary
Add shipping and billing address information
Choose the delivery method
Choose the payment method
Approve the payment on the site of the bank
Order confirmation recorded on return to the Site and confirmation sent by email.
Access to the cart is possible at any time for modification or validation by clicking on "cart". This summary can be, before the validation of the order, completed by a promotional code in the field envisaged for this purpose.
During his first order, the Customer must complete a form to fill in : title, surname, first name, delivery address, email, date of birth, phone number. On this occasion the Customer creates his password and therefore his Customer account.
The placing of order by the Customer implies the knowledge and full and unreserved acceptance of the latter to these Terms and Conditions of sales. Failing acceptance, the order can not be validated.
The Order becomes firm and final only after the sending, by La Fabrique Française, of the e-mail of confirmation of the Order, worth sales contract. A second e-mail is sent to the customer allowing him to access the tracking of the package.
In accordance with Article L.122-1 of the Consumer Code, La Fabrique Française reserves the right to refuse the order for any legitimate reason, and in particular, if it is abnormal, passed in bad faith or when it exists a dispute with the Customer concerning, in particular, the payment of a previous order.
The details of the order are archived in accordance with Article L.134-2 of the Consumer Code, for a period of ten years from the conclusion of the contract on a secure server. However, no credit card number is kept. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
After having validate his method of payment, the Customer definitively and irrevocably validates his order :
Payment by credit card (Visa Cards, Master Card) : the Customer validates his delivery and billing address, the product and the total price. He provides the number of his bank card associated with the expiry date and the CVX code. He finally validates his order by clicking on the button « Confirm ».
The Customer guarantees La Fabrique Française that he has the right to use the means of payment chosen. If the bank refuses, the order is automatically canceled and La Fabrique Française informs the Client. La Fabrique Française also reserves the right to take any action or useful action.
Upon validation of the payment, the Customer receives by return a confirmation e-mail including the details of the items ordered, the price and personal data including the delivery address. La Fabrique Française recommends keeping this information.
The computerized registers, kept in the computer systems of La Fabrique Française under normal conditions of safety, will be considered as proof of communications, orders and payments between the parties.
9. Payment Security
To ensure payment security, the La Fabrique Française website uses Cyberplus, the Société Générale's secure online payment solution. This service incorporates the SSL security standard. The confidential data (the 16-digit bank card number and the expiry date, the CVX code) are transmitted directly encrypted on the bank's server without passing on the physical media of the La Fabrique Française server. When the order is validated : the payment request is routed in real time on the secure payment manager. This latter sends a request for authorization to the bank card network. The electronic payment manager issues an electronic certificate which will be worth proof of the amount and the date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
10. Order tracking and availability
To follow the progress of the processing of his order, the Customer can go to " My account " on the Site. After identifying himself, he can consult the status of his order.
- "Payment accepted" : order registered but not yet processed.
- "Preparation in progress" : order in process.
- "Sent" : order supported by the delivery services.
La Fabrique Française reserves the right, without notice, to limit the quantity available, to interrupt the sale of any product, to modify, to improve and to develop its products. Some products displayed or described on the site may not be available or may not be licensed for sale in all countries.
In case of unavailability after order, La Fabrique Française informs, as soon as possible, the Customer by email that the expected delivery will be only partial or canceled. If the Customer's bank account has been debited and the order can not be honored, La Fabrique Française agrees to reimburse the Customer for the amount corresponding to the undelivered products, at the latest within 30 days from the corresponding payment's date of picking, by transfer to his bank account, without the Customer being able to claim any other damage and provided that the customer transmits his bank details no later than 10 days after receiving the request by e-mail.
11. Delivery generalities
Delivery is provided by a Provider. The Customer acknowledges that La Fabrique Française can not be held responsible for the non-performance, the bad execution or the delay of the delivery if they are attributable to the Customer (as an example : incomplete or erroneous address), to the Provider or a case of force majeure.
The Customer is however invited to inform La Fabrique Française in writing of any delay in delivery so that the necessary research is undertaken with the Service Provider.
The Provider will most often be the company La Poste, but La Fabrique Française remains free to choose the Provider. On delivery, the Customer or the recipient of the Order is delivered by the Service Provider and signs an acknowledgment of receipt electronically. This electronic acknowledgment is proof of the delivery by La Fabrique Française and the receipt by the Customer or the recipient of the Order, the products ordered.
In case of absence, the Customer or the recipient of the ordered product receives a notice of passage in order to agree on another delivery day with the Service Provider.
All items necessary for shipping parcels must be specified (Name, Surname, Building Number, Entrance, stairs, code…).
In accordance with Article L.212-21 of the Consumer Code, the Customer has a withdrawal period of fourteen clear days, from the date of receipt of the Products, to return Products that do not give satisfaction, without reason indication.
The Customer, who wishes to exercise his right of withdrawal, has several ways to notify it, within the maximum period of fourteen clear days from receipt of the Products :
- or by declaring his return request from the tab "My Account > Order History". If the Customer uses this option, La Fabrique Française sends him without delay an acknowledgment of receipt of the retraction by email.
- by making a simple and unambiguous request by email to email@example.com or by mail (by sending to the address mentioned above).
The Customer must then send the products without undue delay and at the latest within fourteen clear days following the communication of his decision of retraction, to the indicated address and with the number of retraction given by return of e-mail, in their original packaging not unsealed, in perfect condition, clean, complete, unused, unused and accompanied by all accessories (including gifts) and the original invoice.
Return costs are the responsibility of the Customer. The Customer must carry out the return by means of any other Service Provider of his choice who offers an integrated delivery, tracking and compensation service.
In case of error by La Fabrique Française when preparing the order, the return shipping costs will be fully covered by La Fabrique Française. The Customer will receive by email a pdf with a free return label.
If the retraction is effective before shipping the order, the Customer should notify it to La Fabrique Française by mail firstname.lastname@example.org to avoid a tedious return procedure and get a refund faster.
All amounts paid in respect of the returned Products, including the initial costs of delivery of the order, shall be refunded by La Fabrique Française (except for the additional costs resulting from a choice of delivery method for express delivery made by the Customer, other than the less expensive standard delivery method proposed by La Fabrique Française). If the right of retraction is exercised after the date of shipment of the Products by La Fabrique Française, the cost of return of the product or products and the inherent risks remain the responsibility of the Customer. In case of partial return of the products ordered or error on the delivery address by the customer, the initial delivery costs will not be refunded.
The refund is made by crediting the credit card used for payment. It is processed within a maximum period of 14 days from the date of actual recovery of the Products by La Fabrique Française ; in any case, this refund will not incur any costs for the Customer.
An order paid with a promotional code will only be reimbursed for the amount actually paid by the Customer.
The Customer acknowledges that, failing him to comply with the procedure described above and the times indicated, no refund can take place.
Any Product returned damaged, incomplete, used, damaged, soiled, consumed, even partially, will not be refundable.
In addition, the right of retraction is excluded for Products unsealed after delivery, which can not be returned for reasons of hygiene or health protection.
Similarly, any product customized to the specifications of the consumer (example : small boxes to compose) can not give rise to a refund.
In case of return by the Customer of part of the Products that have allowed him to benefit from a promotional offer, the customer will be refunded an amount equal to the price of the Product returned from which will be deducted the reduction applied initially and to which the Customer can not claim anymore.
13. Returns for other reasons than retraction
In any case, La Fabrique Française can not be held responsible for any errors in the Customer's entry concerning his address, nor for their consequences in terms of delay or error of delivery. Thus, if the delivery can not take place because of an error of the latter, the expenses of re-routing will be charged to the latter.
If the Customer doesn't live at the indicated address, or in the case of a refusal of delivery or unclaimed package by the Customer at the post office or relay point within the time limits : La Fabrique Française contacts the Customer in order to return him the order (port charged to the customer) if the product is still available or refunds the order according to the wishes of the customer. If the problem recurs or if the Customer delays in responding, La Fabrique Française reserves the right to refund the order and not to return it.
La Fabrique Française can not be held responsible for the non-execution of one of its obligations if the bad execution of the contract results either by the very fact of the Customer or the unpredictable and insurmountable fact of a third party to the contract. Similarly, any event qualified as force majeure (such as including but not limited to flood, fire, storm, natural disaster, act of war or terrorism, partial or total strike and, more generally, any external event, unpredictable and irresistible) within the meaning of the jurisprudence of the Court of Cassation completely exonerates La Fabrique Française of any responsibility.
For all stages of access to the site, consultation, filling forms, ordering, delivery of articles or any other service, the company La Fabrique Française has just one obligation of means. Consequently, its responsibility can not be engaged for all the inconveniences or damages inherent to the use of the Internet network and totally outside the diligences and precautions taken by La Fabrique Française. In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, could not engage the responsibility of La Fabrique Française.
15. Intellectual property
Access to the Site gives the Customer a private and non-exclusive right of use. This Site and all its contents, including trademarks, texts, logos, drawings, images, sounds, patents, etc., are the property of La Fabrique Française and are protected by the provisions of the Intellectual Property Code. Any use of the contents, denominations and brands, namely their reproduction, their representation or, more generally, their exploitation, in whole or in part, by any means and on any medium whatsoever, without the prior written consent of La Fabrique Française is prohibited and constitutes an act of counterfeit, repressed criminally and civilly.
It is however quite possible to use certain elements in the form of quotation, indicating the source of the quote, namely "La Fabrique Française", and a visible and active link of the article or the relevant page of the Site.
Any other use requires the express and prior agreement of La Fabrique Française.
It is quite possible to use hypertext links to the site, including deep links. In any case, La Fabrique Française reserves the right to forbid such links even tacitly authorized, following a posteriori control, they must then be removed at first request from La Fabrique Française.
In order to provide an optimal service, La Fabrique Française is required to place cookies on users' computer equipment. A cookie is information deposited on the hard disk of the Client by the server of the visited site, that is, http://www.rosajou.com. This information is stored on the devices of the Clients in a simple text file, to which a server accesses to read and record information. These cookies are used in particular to facilitate the access of users to their accounts, store the contents of the basket until finalization of the purchase and provide information about the products. Thanks to these cookies, La Fabrique Française can also customize future visits and allow the Customer to save time during the finalization of his orders. The cookies are also used through Google Analytics, in order to make statistics of use of the Site. La Fabrique Française agrees that these data are not communicated or marketed to third companies.
The prior consent to the acceptance of Cookies will be made via the "Cookie" banner that will appear at the time of connection to the Site by clicking on the "accept cookies" tab.
However, it is possible at any time to oppose cookies and change the settings by clicking on the "configure" tab on the "Cookie" banner that appears at the time of connection to the Site. The setting is however likely to modify the conditions of access to the services proposed on the Site www.rosajou.com.
17. Personal data
La Fabrique Française collects personal data as part of the creation of a customer account, orders placed or the subscription to the newsletter. These data are intended for La Fabrique Française and used to ensure the management, execution, delivery of orders and their consequences (invoices, return, withdrawal, warranty). This information is transmitted to the partners of La Fabrique Française, whose intervention is necessary for the good completion of orders and deliveries of the Customer (carrier, banking establishment, etc.). The information and data provided with an asterisk (*) are mandatory and necessary for the successful completion of the order and delivery of the Customer.
By registering on the site www.rosajou.com, the Customer agrees to receive electronic communications from La Fabrique Française, including the confirmation of his order, e-mails, e-mail campaign or product information.
For this purpose, the Site is declared to the CNIL under the number 1988015v0. In any case, and in accordance with the law n°78-17 of January 06th, 1978, any user or customer of the site can at any time oppose the commercial use of said data and benefits moreover from a right of access, rectification and deletion of data concerning him. All inquiries relating to this article must be sent by email to the address email@example.com.
La Fabrique Française reserves the right to use the data transmitted by the Customer for commercial purposes if it accepts it when collecting personal data, by checking the following : "I would like to receive the offers from La Fabrique Française". Otherwise, the Customer will not receive offers or newsletters. The Customer may, at any time, refuse to continue to receive the aforementioned offers and newsletters by clicking on the unsubscribe link provided for this purpose on the offers and newsletters sent to him.
La Fabrique Française advises the Customer to check that their password is sufficiently secure (with a sufficient number of characters, a varied case, various alphanumeric characters etc.) and to disconnect when leaving the Site. The Customer is solely responsible for access to his account and the use that is made of it.
The Customer may terminate his access to the Site and to terminate his Customer Account at any time, with or without cause, with or without notice. In case of termination for any reason, access and use of the Site will cease immediately. For account deletion, the request must be made by email.
18. Retention of title
In application of the law n°80.335 of May 12, 1980 relating to the effects of the clauses of reservation of property in the contracts of sale, the ownership of the Products is not transmitted to the Customer until La Fabrique Française has not received the complete payment of the price, however, only the Customer will bear the risk burden upon delivery (that is to say upon removal of the parcel at La Fabrique Française by the service provider), particularly in the event of loss, theft or destruction of the Products.
19. Litigation and applicable law
These terms and conditions of sales are governed by French law. Any dispute that may arise between the parties due to the formation, interpretation and / or execution of the present will fall, in the absence of amicable settlement, the jurisdiction of the Commercial Court of Montpellier.
Pursuant to Article L.211-3 of the Consumer Code, the Customer is hereby informed of the possibility of resorting, in case of dispute, to the consumer mediation procedure under the conditions set out in Title I Book VI of the Consumer Code.
20. Modification of the Terms and Conditions of sales
If one or more clauses of the present Terms and Conditions of Sales are declared or become invalid due to an application of the law, a regulation or a judicial decision, the other clauses will retain all their validity and their effect.
In addition, given the possible evolution of the regulations and the Site, La Fabrique Française reserves the right to modify at any time these Terms and Conditions of Sales. The new terms and conditions of sales will be available online on the rosajou.com Website and will be applicable only to consultations and sales carried out after the modification undertaken.