Terms and Conditions

PREAMBLE

These General Terms and Conditions of Sale (hereinafter “GTC”) are concluded exclusively between (1) any person making a purchase on the website www.histoiresderoseau.com (hereinafter referred to as the “Customer”) and (2) the company HISTOIRES DE ROSEAU, SAS with share capital of 54,000 euros and having its registered office at ZI les Taillas, 43600 Sainte Sigolène (France), SIRET number: 498 196 708 00032 RCS Le Puy en Velay.

The Customer hereby formally declares that he/she is a natural person, that he/she is of legal age or holds parental authorization and that he/she has the full and complete legal capacity to contract and place an order online on the website www.histoiresderoseau.com (hereinafter, "the HistoiresdeRoseau® website"). These general terms and conditions of sale only concern persons aged at least 18 years. The creation of a customer account is reserved for all natural persons aged at least 18 years.
The Customer and HistoiresdeRoseau® agree that their relationship is governed exclusively by these General Terms and Conditions of Sale. In this regard, the Customer acknowledges that any order validated by "double-clicking" implies irrevocable acceptance of these General Terms and Conditions of Sale.
This validation of the Customer associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes the manifestation of the unequivocal will of the Parties thus deemed to be signatories of the distance selling act. HistoiresdeRoseau® reserves the right to adapt or modify these General Conditions of Sale at any time.
Each order will be deemed to have been subscribed to according to the terms of the General Terms and Conditions in force on the day it is placed on the HistoiresdeRoseau® website, the date the General Terms and Conditions are posted online being the effective date. For any questions relating to an online purchase, the Customer can contact HistoiresdeRoseau® Customer Service:
- Either directly on the site, via the contact forms by accessing your account in the “My Account” section
- Either by telephone, on 04 71 66 61 34 (cost of a normal call) from Monday to Friday from 2 p.m. to 5 p.m.
- Or finally by mail, to the following address: Histoires de Roseau ZI les Taillas – 43600 Sainte Sigolène (France)

ARTICLE 1. VALIDATION OF THE ORDER ON THE HISTOIRESDEROSEAU.COM WEBSITE

To place an order on the HistoiresdeRoseau® website, the customer will be guided through the following steps:
• Selection of products present on the site in the “Basket”,
• Choice of delivery method for the products displayed in the “basket”,
• Presentation of the order summary, modifiable, and its total price
• Validation of the payment method,
• Sending an order validation email to the Customer confirming their registration after acceptance of their payment.
The order confirmation email sent to the Customer confirms HistoiresdeRoseau®'s acceptance of the customer's order, and confirms the formation of the sales contract between the parties.

ARTICLE 2. VALIDITY OF OFFERS - AVAILABILITY OF PRODUCTS

The products displayed on the HistoiresdeRoseau® website at a given time are in principle deemed to be available in stock at that same time, except for a limited-time offer as part of a specific operation expressly mentioned as such on the product page. This a priori availability is checked after the order has been accepted for payment and is confirmed by sending the shipping email by HistoiresdeRoseau®.
In the event of unavailability of one or more products, HistoiresdeRoseau® undertakes either to offer the Customer a new delivery date for the product(s) ordered or to reimburse them by re-crediting the payment method used during the purchase, within 14 calendar days of payment of the order. If a technical event prevents the re-crediting of the payment method used, HistoiresdeRoseau® will offer the Customer to issue a bank check payable to them and send it by post to the billing address as provided. The product and price offers are deemed to be those displayed during checkout represented by the "CART" page of the HistoiresdeRoseau® website. Thus, only the price indicated on this page, corresponding to the one invoiced to the Customer when ordering, is authentic and binds HistoiresdeRoseau® from a contractual point of view.
Therefore, any typographical error on any other page likely to occur on graphic and/or promotional elements within the site cannot engage the responsibility of HistoiresdeRoseau®.

ARTICLE 3. PRICE

The prices displayed on the HistoiresdeRoseau® website are expressed in euros (€) and are understood to be the public price including all charges as they may be applicable in metropolitan France on the date of consultation of said offers.
The VAT applied is that in effect on the date the order is placed. Specific taxes, other than VAT, applicable according to regulations (such as the furniture ecotax or the eco-tax participation), are only indicated on the product sheet and on the shopping cart page, the only page to be authentic as indicated in the last paragraph of Article 2 above. All product prices are displayed on the HistoiresdeRoseau® website excluding shipping, assembly, or any other additional service costs.
They only include the price of the product itself, as described, as well as its packaging. HistoiresdeRoseau® reserves the right to modify its prices at any time but undertakes to apply the rates displayed at the time the order is placed, subject to availability at that date.
The products remain the property of HistoiresdeRoseau® until full payment of the price by the latter.

ARTICLE 4: PAYMENT 4.1 PAYMENT TERMS

Regardless of the payment method chosen among those accepted on our site, orders will only be considered registered after validation or receipt of payment. Thus, until the payment is validated by the intermediary chosen by the consumer, the order cannot be prepared by HistoiresdeRoseau® services. Payment can be made by the following bank cards: Carte Bleue, VISA, MASTERCARD.

The Customer is able to consult the General Conditions of Sale and Use of each of these bank cards on the websites of our partners. The choice of one of these payment cards constitutes tacit acceptance of the general conditions of sale and use of said partners. We invite our customers to refer to them, HistoiresdeRoseau® cannot be held responsible for the conditions thus imposed by these independent partners. Online payment by bank card is perfectly secure and allows you to enter the number, expiration date and security code of the card in the spaces provided for this purpose with complete confidence. Indeed, credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass unencrypted over the network.

Payment is made directly to the bank. HistoiresdeRoseau® has no access to these details and cannot store them on its servers. This is why they are requested again for each new transaction on our site.

4.2 FIGHT AGAINST FRAUD
HistoiresdeRoseau® reserves the right to check the validity of the payment, before shipping the order, by any means it deems necessary (in particular identity documents, proof of address, etc.).

4.3 PAYMENT INCIDENT
HistoiresdeRoseau® reserves the right to refuse to make a delivery or honor an order for which a payment dispute is pending. In the event of fraud, HistoiresdeRoseau® reserves the right to remove any member without notice or compensation.

ARTICLE 5: DELIVERY 5.1 ORDER PREPARATION TIMES

HistoiresdeRoseau® reserves the right to subcontract all or part of the preparation and shipping of the order to a third party mandated to carry out this service. All products sold by HistoiresdeRoseau® are deemed available in stock, orders are prepared within 48 working hours from the first working day following the registration of the order within the meaning of these General Terms and Conditions.
Thus, orders placed on a Saturday, Sunday, or public holiday will be processed on the next business day. This time does not include the time taken to make an appointment with the carrier or the carrier's delivery time. All delivery times mentioned on the HistoiresdeRoseau® website are understood to be clear delivery times. The product ordered is delivered to the address shown on the order form and recorded as the "delivery" address.
In the event of an input error, particularly an incorrect or incomplete delivery address, HistoiresdeRoseau® cannot be held responsible for the consequences in terms of delay or impossibility of delivery.

All costs related to the reshipment of products following an input error by the Customer will be the sole responsibility of the latter.

5.2 DELIVERY TIMES FOR ORDERS
HistoiresdeRoseau® reserves the right to choose the most appropriate mode of transport depending on the nature of the product, its weight and its volume, which the Customer declares to have read and accepted. Delivery times may not exceed 30 working days after the date of validation of payment by the Customer (date of registration of the order).
Delivery times cannot be guaranteed in the event of force majeure, as defined by law and case law. Delivery times do not take into account any Customer payment control procedures that may delay the dispatch of their order (see provisions of Article 4.2).
The delivery times announced begin when the order is placed. The expected delivery date is indicated when the order is placed and on each of our product sheets. This delivery time is an average time corresponding to the service used for delivery in mainland France.

In the event of absence, the Customer will be responsible for collecting the product from the relevant services. When the product must be delivered by carrier to the delivery address indicated by the Customer, the latter must provide the availability range when ordering. The carrier will then contact the Customer as soon as possible to arrange a delivery appointment date. HistoiresdeRoseau® cannot be held responsible for late delivery due to the Customer's unavailability.

5.3 DELIVERY AREAS
Delivery is only made in Metropolitan France (excluding French overseas departments and territories)

5.4 SPECIAL DELIVERY TERMS
The delivery methods for HistoiresdeRoseau® products are established by HistoiresdeRoseau® and depend on their acceptance in postal volume. When a product is accepted in postal volume, the Customer will be free to choose between a Pick-up of goods or a home delivery by DPD or Colissimo. After validating these transport methods, the HistoiresdeRoseau® website will display a summary of the order with transport costs. The cost of the transport methods assigned or chosen is then displayed before the order is paid for.

When the order has been duly prepared and is ready for shipment, the Customer will receive an email regarding the dispatch of their order. Delivery by Colissimo: Delivery by Colissimo is a service offered by the French Post Office which complies with their own General Conditions of Use. In the event of absence and inability to drop off the package with a caretaker, the Customer will receive a delivery notice. They will then have 14 calendar days to collect their package from the post office indicated on the notice.

Otherwise, the order will be sent to HistoiresdeRoseau®, which will then send the Customer a reminder by email to resend the order at its own expense. If the Customer does not respond within 7 days of sending this reminder email, HistoiresdeRoseau® will consider that the Customer has exercised their right of return and will proceed with the refund under the conditions provided for exercising the right of withdrawal (see article 6-1 of these General Terms and Conditions).

5.5 DELIVERY RATES
Shipping charges are calculated using a calculation method that takes into account the destination on the one hand and the weight of the package on the other. All prices are quoted in euros (€) including all taxes and charges, including the VAT rate in effect on the day of delivery. The cost is automatically calculated when a product is added to the cart based on delivery to mainland France.
The Customer may freely consult the billing and the carrier associated with their products. Specific offers for free shipping are only valid for shipments within mainland France, unless expressly stated otherwise.

ARTICLE 6: RIGHT OF WITHDRAWAL

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 calendar days to exercise their right of withdrawal, without needing to provide any reason. The period begins on the day after the order is received. In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period begins from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period begins from the receipt of the first good. To exercise their right of withdrawal, the Customer must inform HistoiresdeRoseau® of their decision by sending them, before the expiry of the aforementioned 14-day period, a letter or email stating their wish to withdraw. To exercise this right of withdrawal, the returned product must be returned in a condition that allows it to be resold immediately. The product must therefore be returned in its new condition, with all the instructions and various accessories with which it was delivered and in its original packaging. HistoiresdeRoseau® reserves the right to refuse to refund the product if all of these conditions are not met. The return delivery costs are the responsibility of the customer. In the event of exercising the right of withdrawal within the aforementioned period, and in accordance with the provisions of Article L.221-24 of the Consumer Code, HistoiresdeRoseau® will reimburse the Customer for the price of the returned product(s) as well as the shipping costs of the product(s) in question within 14 calendar days from the date on which it was informed of the Customer's decision to withdraw. HistoiresdeRoseau® nevertheless reserves the right to defer reimbursement until the goods have been recovered or until the Customer has provided proof of shipment of these goods, whichever comes first. Reimbursement will always be made on the basis of the amounts actually paid by the Customer, as shown on the invoice. However, HistoiresdeRoseau® reserves the right to refuse to reimburse additional delivery costs incurred by a more expensive delivery method expressly chosen by the Customer when HistoiresdeRoseau® had offered them a standard delivery method.
The shipping costs to be reimbursed will be determined as if the Customer had never purchased the returned product(s). Finally, as a matter of principle and unless otherwise expressly requested by the Customer, HistoiresdeRoseau® will reimburse the latter by re-crediting the payment method used at the time of payment. The return costs are expressly the responsibility of the Customer, who acknowledges and accepts this by adhering to these General Conditions of Sale.

6.2. PROCEDURES FOR RETURNING PRODUCTS

Return policy

At Histoires de Roseau, we are committed to providing you with quality products and impeccable service. However, if you are not completely satisfied with your purchase, you may return the items to us in accordance with our return policy described below.

Returns: You have 14 days after receiving your order to return your items. After this period, we unfortunately cannot accept returns.

Condition of Products: Returned products must be in perfect condition, undamaged, unused and in their original packaging. Any returned item that is damaged, soiled or incomplete will not be refunded.

Return Fees: Return fees are the customer's responsibility. You can choose the carrier of your choice to return the items to us.

Return Procedure:

1. Return Request: Please go to our website and access the "Product Return" tab at the bottom of the page to make your return request.
2. Notify our Customer Service: After submitting your return request, please email our customer service at [Your Email Address] to notify them of your decision.
3. Packaging: Please carefully package items in their original packaging or suitable packaging to ensure protection during transport.
4. Shipping: Go to your nearest post office to ship the package. You can use Colissimo or any other delivery method of your choice.

Return Address:

Roseau Stories
LES TAILLAS ACTIVITY ZONE
43200 STE SIGOLENE
FRANCE
Tel.: 0471666134

Refund: Upon receipt of your package and after checking the condition of the items, we will proceed with the refund. Please note that the refund will be made to the same payment method used for the purchase.

Contact: For any questions regarding our return policy, please do not hesitate to contact us at the following address: contact@histoiresderoseau.com or by telephone at 0471666134 .

ARTICLE 7: GUARANTEES AND AFTER-SALES SERVICE

7-1 GUARANTEES
In the event of a defect in the delivered product during use, all HistoiresdeRoseau® products benefit from a legal guarantee of conformity (article L.217-4 to L.217-14 of the Consumer Code) and the legal guarantee relating to defects in the thing sold (articles 1641 to 1648 of the Civil Code) under the conditions provided for by law. It is recalled that the guarantees do not apply when the damage is linked to one of the causes set out below:
- The wear and tear and natural aging of HistoiresdeRoseau® Products,
- The use of unsuitable maintenance or cleaning products,
- Failure to comply with precautions, advice and instructions regarding the use, assembly, maintenance, storage, conservation or protection of the products,
- Discoloration due to light, weather or time of use
- The modification of the very structure of the product.

It is further recalled that the Guarantees applied to HistoiresdeRoseau® products cannot cover use of the Product for professional or commercial purposes, nor can they cover unforeseeable or inappropriate use of the product.

Finally, the guarantees only cover the right to repair, replacement or refund of the guaranteed product. Consequently, it does not cover indirect damages.

7.2 After-sales service
HistoiresdeRoseau® Outside of the commercial or legal guarantee, the Customer always has the possibility to contact the HistoiresdeRoseau® Customer Service to answer his questions relating to the use of a product or its maintenance methods. To exercise this service, the Customer will go to the HistoiresdeRoseau® website and fill out the contact form dedicated to this service, or contact the after-sales service at 04.71.66.61.34 from Monday to Friday from 1 p.m. to 5 p.m. If it is necessary for HistoiresdeRoseau® to take back the goods, the customer must keep its original packaging for the return of the goods by HistoiresdeRoseau®.

ARTICLE 8: RESPONSIBILITY

For all stages of access to the site, the ordering process, delivery, customer service or subsequent services, HistoiresdeRoseau® only supports an obligation of means. Consequently, HistoiresdeRoseau® cannot be held liable for any inconvenience or damage inherent to the use of the internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
Furthermore, HistoiresdeRoseau® cannot be held responsible in the event that the order is not completed or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.

ARTICLE 9: ENTIRETY

In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with all the other provisions of these General Conditions of Sale.

ARTICLE 10: DURATION

These T&Cs apply for the entire duration that the services and products offered by HistoiresdeRoseau® are online.

ARTICLE 11: PROOF

The computerized records, stored in the computer systems of HistoiresdeRoseau® and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.

ARTICLE 12:

STORAGE AND ARCHIVING OF TRANSACTIONS The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.

ARTICLE 13: DISPUTES

These terms and conditions are subject to French law. In the event of a dispute between the parties, they will endeavor to resolve it amicably with the after-sales service. In the absence of an amicable agreement, the customer is informed in accordance with Article L.211-3 of the Consumer Code that he or she has the possibility of contacting, free of charge, a mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission in application of Article L.615-1 of the Consumer Code, namely: The Consumer Mediation Center of Justice Conciliators. Address: 14 rue saint Jean 75017 Paris. You can open a dispute with them.

The Client remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, recourse to mediation or acceptance by the parties of the solution proposed by the mediator, the dispute will be brought before the court in accordance with the rules of common law.

Where applicable, the competent courts are the French courts, subject to mandatory legal standards in force in the consumer's country imposing another jurisdiction. HistoiresdeRoseau® informs you of the existence of the European online dispute resolution platform intended to collect any complaints arising from an online purchase by European consumers and to transmit them to the competent national mediators: this platform is accessible at the following address: https://ec.europa.eu/consumers/odr