General terms and conditions
General terms and conditions of sale of the website www.rosamaitea.com
Applicable from 24/03/2021
ARTICLE 1. PARTIES
These general terms and conditions are applicable between Rosa Polita, SASU, share capital: €30000, registered with the Paris Trade and Companies Register in France on 20/11/2004, under number 890652753, registered office: rue la Bruyère, France, telephone: +33681487174, email: patriciapereda@rosamaitea.com, intra-community VAT number: FR54890652753, hereinafter "the Publisher" and any natural or legal person, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".
ARTICLE 2. DEFINITIONS
"Client": any person, natural or legal, under private or public law, registered on the Site.
" Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Rosa Polita, SASU in her capacity as publisher of the Site.
"Internet user": any person, natural or legal, under private or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site": a website accessible at URL www.rosamaitea.com, as well as related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, in particular through a robot or a browser, will imply full and complete acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges that he/she has fully read them and accepts them without restriction.
Ticking the above-mentioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the evidentiary value of the Publisher's automatic registration systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general terms and conditions are applicable to the relationship between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general terms and conditions presupposes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
In order to place an order, Internet users will be able to select one or more Products and add them to their cart. The availability of the Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their shopping cart, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the option to remove one or more Products from their shopping cart.
If they like their order, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Client
As soon as they are logged in or after they have completed the registration form perfectly, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface with the mention "order with obligation to pay" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the Publisher undertakes to acknowledge receipt of it to the Client electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Client an e-mail summarizing the order and confirming its processing, including all the information relating to it.
ARTICLE 6. PRICE - PAYMENT
6.1. Prices
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by The Publisher. The prices displayed are only valid on the day of the order and do not carry effect for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can make his payment by PayPal, Stripe. Credit card payments are made using secure transactions provided by BNP Paribas, QONTO.
In the context of payments by credit card, the Publisher does not have access to any data relating to the Client's means of payment. The payment is made directly in the hands of the bank.
In appointment, we offer you the following rules:
- Cash (up to 1000€ maximum per person and per order) - Credit cards
- Transfers
In the case of payment by money order, cheque or bank transfer, delivery periods do not begin to run until the date of receipt of the payment by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Failure to pay
The agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. RESPONSIBILITY OF THE PUBLISHER
7.1. Nature of the Publisher's obligations
The Publisher undertakes to take the necessary care and diligence to provide quality Products in accordance with the specifications of these Terms and Conditions. The Publisher is only responsible for an obligation of means concerning the services subject to these terms and conditions.
7.2. Force majeure - Fault of the Client
The Publisher shall not be held liable in the event of force majeure or fault on the part of the Client, as defined in this article:
- Force majeure
For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure by the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords shall be considered as a case of force majeure enforceable against the Client, codes or references provided to the Client, computer hacking, a security breach attributable to the Site host or the developers, flood, power failure, war, embargo, law, injunction, request or demand of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be exempted from the performance of its obligations within the limits of this impediment, limitation or inconvenience.
- - Fault of the client
For the purposes of these Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or that of its employees, non-compliance with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Client's password, codes and references shall be considered as a fault against the Client, as well as the filling in of erroneous information or the failure to update such information in his/her personal space. It will also be considered a fault of the Client to implement any technical process, such as robots, or automatic queries, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale.
7.3. Technical problems - Hypertext links
In the event of impossibility of access to the Site, due to technical problems of any kind, the Client will not be able to claim any damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the award of damages by the Publisher.
The hypertext links present on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the legislation in force. Similarly, the Publisher cannot be held liable if the Internet user's visit to one of these sites causes him or her damage.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, in particular in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences cannot in any case be attributed to the Publisher, who may not be held liable for this reason.
7.4. Damages to be paid by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Client and related to the failure in question. The Publisher may not be held liable for indirect damages such as, in particular, loss of data, commercial damage, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher may not in any case exceed the price of the Product ordered.
7.5. Hypertext links and content of the Site
The Content of the Site is published for information purposes only, without any guarantee of accuracy. The Publisher can in no way be held liable for an omission, an inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
These general terms and conditions are subject to the application of French law.
8.2. Changes to these terms and conditions
These terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Client are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general terms and conditions.
8.3. Disputes
Pursuant to Ordinance No. 2015-1033 of 20 August 2015, all disputes with a Consumer Client that may arise in the context of the execution of these general terms and conditions and for which the parties have not been able to reach an amicable solution must be submitted to Medicys: www.medicys.fr.
In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute for Arbitration and Mediation: www.fast-arbitre.com.
8.4. Completeness
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of these Terms and Conditions.
8.5. Non-Waiver
The Publisher's failure to exercise the rights granted to it herein shall in no way be construed as a waiver of the right to assert these rights.
8.6. Cold calling
The Client is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of these Terms and Conditions
These terms and conditions are offered in French.
8.8. Unfair terms
The stipulations of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.