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 a capital of 54,000 euros and having its registered office at ZONE D'ACTIVITE LES TAILLAS 43200 STE SIGOLENE (France), SIRET number: 498 196 708 00032 RCS Le Puy en Velay.

The Customer formally declares herein that he is a natural person, that he is of legal age or has parental authorization and that he has full legal capacity to contract and place an online order on the website www.histoiresderoseau.com (hereinafter, "the HistoiresdeRoseau® website"). These general terms and conditions of sale exclusively 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 click" implies irrevocable acceptance of these General Terms and Conditions of Sale.
This validation by the Customer, associated with the authentication and non-repudiation procedure and the protection of message integrity, constitutes the manifestation of the unequivocal will of the Parties, thus considered signatories of the distance selling act. HistoiresdeRoseau® reserves the right to adapt or modify these General Terms and Conditions of Sale at any time.
Each order will be deemed to have been placed according to the terms of the GTC in force on the day it was placed on the HistoiresdeRoseau® website, the online publication date of the GTC being the effective date. For any questions relating to an online purchase, the Customer can contact HistoiresdeRoseau® Customer Service:
- Either directly on the website, via the contact forms by accessing their account in the "My Account" section
- Or by phone, at 06 70 69 80 78 (cost of a standard call) Monday to Friday from 2 p.m. to 5 p.m.
- Or finally by mail, at the following address Histoires de Roseau Chez les SUCS, 49 le Grand Chemin, 43620 Saint Pals de Mons (France)

ARTICLE 1. ORDER VALIDATION 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 on the website into the "Shopping Cart",
• Choice of delivery method for the products displayed in the "Shopping Cart",
• Presentation of the order summary, which can be modified, and its total price
• Validation of the payment method,
• Sending of an order validation email to the Customer confirming its registration after acceptance of its 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 - PRODUCT AVAILABILITY

The products displayed on the HistoiresdeRoseau® website at a given moment are in principle deemed to be available in stock at that same moment, unless it is a limited-time offer within the framework of a particular operation expressly mentioned as such on the product page. This presumed availability is checked after the order has been accepted for payment and is confirmed by HistoiresdeRoseau® sending the shipping email.
In the event of unavailability of one or more products, HistoiresdeRoseau® undertakes either to offer the Customer a new delivery date for the ordered product(s) or to refund them by re-crediting the payment method used at the time of purchase, within 14 calendar days of the order payment. If a technical event prevents the re-crediting of the payment method used, HistoiresdeRoseau® will offer the Customer to issue a bank check in their name and send it to them by post to the billing address provided. Product and price offers are deemed to be those displayed at checkout, represented by the "CART" page of the HistoiresdeRoseau® website. Thus, only the price indicated on this page, corresponding to the one billed to the Customer when placing their order, is valid and contractually binding for HistoiresdeRoseau®.
Therefore, any typographical error on any other page that may occur on graphic and/or promotional elements within the site shall not engage HistoiresdeRoseau®'s responsibility.

ARTICLE 3. PRICE

Prices displayed on the HistoiresdeRoseau® website are expressed in euros (€) and are understood as public prices 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 force on the date of placing the order. Specific taxes, other than VAT, applicable according to regulations (such as furniture eco-tax or eco-contribution), are only indicated on the product sheet and on the shopping cart page, the only page that is authentic as indicated in the last paragraph of Article 2 above. All product prices displayed on the HistoiresdeRoseau® website exclude shipping, assembly, or any other accessory services.
They only include the price of the product itself, as described, and its packaging. HistoiresdeRoseau® reserves the right to modify its prices at any time but undertakes to apply the rates displayed at the time of placing the order, subject to availability on that date.
Products remain the property of HistoiresdeRoseau® until full payment of the price by the latter.

ARTICLE 4: PAYMENT 4.1 PAYMENT METHODS

Regardless of the payment method chosen from those accepted on our site, orders will only be considered registered after validation or receipt of payment. Thus, as long as payment is not 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 can consult the General Terms and Conditions of Sale and Use for each of these bank cards on our partners' websites. Choosing one of these payment cards implies tacit acceptance of the general terms and conditions of sale and use of said partners. We invite our customers to refer to them, as HistoiresdeRoseau® cannot be held responsible for the conditions thus set by these independent partners. Online payment by bank card is perfectly secure and allows you to confidently enter the card number, expiration date, and security code in the designated fields. Indeed, credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted 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 verify the validity of the payment, before shipping the order, by all means it deems necessary (including identity documents, proof of address, etc.).

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

ARTICLE 5: DELIVERY 5.1 ORDER PREPARATION TIMES

HistoiresdeRoseau® reserves the right to subcontract all or part of the preparation and dispatch of the order to a third party mandated for the performance of this service. All products sold by HistoiresdeRoseau® being deemed available in stock, orders are prepared within 48 working hours from the first working day following the registration of the order as defined in these GTC.
Thus, orders registered on a Saturday, Sunday or public holiday will be processed on the next working day. This period does not include the time taken to schedule an appointment with the carrier, nor the delivery time of the carrier. All deadlines mentioned on the HistoiresdeRoseau® website are understood as clear deadlines. The ordered product is delivered to the address appearing on the order form and registered as the "delivery" address.
In case of 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 re-shipment of products following an input error by the Customer will be borne exclusively by the latter.

5.2 ORDER DELIVERY TIMES
HistoiresdeRoseau® reserves the right to choose the most appropriate transport method depending on the nature of the product, its weight and its volume, which the Customer acknowledges having read and accepted. Delivery times may not exceed 30 working days after the payment validation date by the Customer (order registration date).
Delivery times cannot be guaranteed in cases of force majeure, as defined by law and jurisprudence. Delivery times do not take into account any customer payment control procedures that would delay the shipment of their order (see provisions of Article 4.2).
The announced deadlines run from the registration of the order. The estimated delivery date is indicated on the order and at the level of each of our product sheets. This deadline is an average deadline corresponding to the service used for delivery in mainland France.

In case of absence, the Customer will be responsible for collecting the product from the relevant services. When the product must be transported by carrier to the delivery address indicated by the Customer, the latter specifies the availability slot when ordering. The carrier will then contact the Customer as soon as possible to agree on a delivery appointment date. HistoiresdeRoseau® cannot be held responsible for delivery delays due to the Customer's unavailability.

5.3 DELIVERY ZONES
Delivery is only available in Metropolitan France (excluding DOM-TOMs)

5.4 SPECIAL DELIVERY METHODS
The delivery methods for HistoiresdeRoseau® products are established by HistoiresdeRoseau® and depend on their postal volume admission. When a product is admitted to postal volume, the Customer will be free to choose between merchandise pickup or home delivery by DPD or Colissimo. After validation of these transport methods, the HistoiresdeRoseau® website will display an order summary with the transport cost. The cost of the assigned or chosen transport methods will then be displayed before the order is put to payment.

Once the order has been duly prepared and is ready for shipment, the Customer will receive an email regarding the shipment of their order. Colissimo delivery: Colissimo delivery is a service offered by French Post which complies with their own General Terms of Use. In case of absence and inability to deliver the parcel to a caretaker, the Customer will receive a delivery notice. They will then have 14 calendar days to collect their parcel from the post office indicated on said notice.

Failing this, the order will be shipped to HistoiresdeRoseau® which will contact the Customer by email to re-send their order at their expense. Without a response from the Customer 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 the exercise of the right of withdrawal (Cf. article 6-1 of these GTC).

5.5 DELIVERY RATES
Transport billing follows a calculation rule that considers the destination on the one hand and the weight of the package on the other. The indicated rates are all in euros (€) including all taxes and charges, including the VAT rate at the rate in force on the day of delivery. The amount of fees is automatically calculated as soon as a product is added to the cart on the basis of delivery in mainland France.
The Customer can freely consult the billing and the carrier associated with their products. Specific offers for free shipping are only valid for shipments to 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 Consumer Code, the Customer has a period of 14 calendar days to assert their right of withdrawal, without needing to justify any reason. The period begins the day after the day of receipt of the order. In cases of an order concerning several goods delivered separately or in the case of an order for a good composed of multiple lots or 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, 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 in a condition allowing its immediate resale. 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 reimbursement of the product if all these conditions are not met. The return delivery costs are borne by the customer. In the event of exercise of 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 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, the date taken into account being that of the first of these two events. Reimbursement will always be based on the sums actually paid by the Customer, as recorded on their 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 transport costs to be reimbursed will be determined as if the Customer had never purchased the returned product(s). Finally, in 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, on the other hand, are expressly borne by the Customer, who acknowledges and accepts this by adhering to these General Terms and Conditions of Sale.

6.2. PRODUCT RETURN PROCEDURES

Return Policy

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

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

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

Return Costs: Return costs are the responsibility of the customer. You can choose the carrier of your choice to send the items back to us.

Return Procedure:

1. Return Request: Please visit our website and access the "Product Return" tab at the bottom of the page to submit your return request.
2. Notify Our Customer Service: After submitting your return request, please send an email to our customer service at [Your Email Address] to inform them of your decision.
3. Packaging: Please carefully pack the items in their original packaging or in appropriate packaging to ensure their protection during transit.
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:

Histoires de Roseau

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 using the same payment method as the one used during 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 phone at 06 70 69 80 78.

ARTICLE 7: WARRANTIES AND AFTER-SALES SERVICE

7-1 WARRANTIES
In the event of a defect in the product delivered during use, all HistoiresdeRoseau® products benefit from a legal guarantee of conformity (articles L.217-4 to L.217-14 of the Consumer Code) and the legal guarantee relating to defects in the sold item (articles 1641 to 1648 of the Civil Code) under the conditions provided by law. It is recalled that these guarantees do not apply when the damage is linked to one of the causes listed below:
- Natural wear and aging of HistoiresdeRoseau® Products,
- The use of unsuitable cleaning or maintenance products,
- Failure to comply with precautions, advice and instructions regarding the use, assembly, maintenance, storage, preservation or protection of the products,
- Discoloration due to light, bad weather or prolonged use
- Modification of the product's very structure.

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

Finally, the guarantees only cover the right to repair, replace or refund the guaranteed product. Consequently, they do not cover indirect damages.

7.2 AFTER-SALES SERVICE
HistoiresdeRoseau® Outside of the commercial or legal guarantee, the Customer always has the possibility of contacting HistoiresdeRoseau® Customer Service to answer their questions relating to the use of a product or its maintenance methods. To use this service, the Customer will go to the HistoiresdeRoseau® website and fill out the contact form dedicated to this service, or contact after-sales service at 06 70 69 80 78 from Monday to Friday from 1 pm to 5 pm. In case of need for return of the goods by HistoiresdeRoseau®, the customer must keep their original packaging for 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® is only bound by an obligation of means. Consequently, HistoiresdeRoseau® cannot be held liable for any inconvenience or damage inherent in the use of the internet network, including service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with jurisprudence.
Furthermore, HistoiresdeRoseau® cannot be held responsible in the event that the order does not go through or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by jurisprudence, and in particular in the event of bad weather preventing the delivery of the order.

ARTICLE 9: INTEGRITY

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

ARTICLE 10: DURATION

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

ARTICLE 11: PROOF

Computerized records, kept 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:

RETENTION AND ARCHIVING OF TRANSACTIONS Purchase orders and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.

ARTICLE 13: DISPUTES

These 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 they have the possibility of freely contacting 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 Center for Consumer Mediation of Justice Conciliators. Address: 14 rue saint Jean 75017 Paris. You can open a dispute with them.

The Customer 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 according to 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 requiring 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