Terms of sale

These General Terms and Conditions of Sale are concluded between, on the one hand, ROZE COSMETICS, registered with the Paris Trade and Companies Register under number 98385629500016, having its registered office at 6 rue d’Armaillé, 75017 Paris (hereinafter "ROZE COSMETICS"), and on the other hand any person who has made a purchase on the website www.roze-cosmetics.com, hereinafter referred to as "the Customer". Any purchase on the website www.roze-cosmetics.com (hereinafter the "Site") automatically entails acceptance in full of these terms and conditions.

ARTICLE 1: DEFINITIONS

Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site.

Order: refers to the process by which the Customer selects the Products he or she wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he or she wishes to have delivered as well as the delivery options and has paid the amount due. Once finalized, the Order is handled by ROZE COSMETICS, which will proceed with the shipment of the ordered Products in accordance with these GTC.

Contract: refers to these GTC and any special conditions applicable to certain promotional operations. Accordingly, the Customer waives the right to rely on any contradictory document that would oppose the Contract and which would therefore be unenforceable against ROZE COSMETICS.

Personal Data: refers to all personal information relating to the Customer as a natural person provided by him or her when placing the Order.

Parties: jointly refers to ROZE COSMETICS and the Users of the Site.

Products: refers to the products available for sale on the Site.

User: refers to any natural or legal person accessing the Site, whether a Customer or not.

ARTICLE 2: PURPOSE OF THE GTC AND VERSION IN FORCE

2.1. These GTC aim to define the conditions under which Users may access the Site, place Orders, and manage the relationship between ROZE COSMETICS and the Users, including all rights and obligations arising therefrom.

2.2. They apply in the relationships between Users among themselves and between Users and ROZE COSMETICS. Every User undertakes to comply, without restriction or reservation, with these GTC, whether visiting the Site or placing an Order. The GTC are notified to Users for acceptance prior to any Order on the Site.

2.3. ROZE COSMETICS is free to modify, at any time and without prior notice, these GTC, in particular in order to take into account any legal, case law and/or technical developments. ROZE COSMETICS will inform the User by any means, and the User shall accept the new GTC.

In any event, the fact that the User continues to use the Site after being informed of the modification of the GTC entails acceptance of the modifications by the User.
Successive versions of the GTC will be accessible from the Site.

2.4. The prevailing version of the GTC is the latest version available on the Site.

2.5. The version applicable to an Order is the one in force on the date the Order is placed.
Each new Order requires acceptance of the GTC by the Customer, which the Customer acknowledges and accepts.
If Users do not accept the GTC or their subsequent modifications, they must refrain from any use of the Site.

2.6. The User declares that he or she has obtained from ROZE COSMETICS, prior to placing the Order, all information regarding the Products and the delivery terms. He or she declares being solely responsible for the choice of the Products as well as their suitability for his or her needs.

2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he or she must have the authorization of his or her legal representative to place an Order, which he or she expressly acknowledges and accepts.

ARTICLE 3: PRICE

All prices displayed on the Site are in euros, all taxes included. ROZE COSMETICS reserves the right to modify its prices without prior notice. The prices applied to the Customer are those displayed on the Site at the time the Order is placed.

ARTICLE 4: PRESENTATION OF ITEMS

The User is informed that photographs of the Products are displayed on the Site and may be freely consulted.

ROZE COSMETICS guarantees that these photographs were taken under standard conditions for the relevant sector, using the Products themselves.

ROZE COSMETICS makes its best efforts to ensure that the photographs of the Products are as faithful as possible to the Products actually delivered to the Customer (in particular the color of the Products). However, ROZE COSMETICS cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints related to the display of photographs on the Site.

Furthermore, ROZE COSMETICS strives to present and describe its Products as accurately as possible. However, while providing a faithful presentation of the essential characteristics of its Products, ROZE COSMETICS cannot guarantee the exhaustive communication of all the characteristics of each Product. A User wishing to receive additional information about a Product is invited to contact Customer Service at the following address: hello@roze-cosmetics.com.

The User declares having full knowledge of the provisions of this article and expressly accepts, from this point onward, not to hold ROZE COSMETICS liable in this respect, subject to the application of mandatory legal provisions (in particular the legal guarantee of conformity).

ARTICLE 5: ORDER

The User may browse the Site without any obligation to purchase.

In order to place an Order, the Customer selects the Products of their choice on the Site and adds them to their virtual cart.

Creating a personal account on the Site is not required to place an Order. However, certain personal data of the Customer is required for the proper execution of the Order by ROZE COSMETICS.

If the Customer so wishes, they have the possibility to create a personal account allowing them, in particular, to track the history of their Orders on the Site and to retrieve the corresponding confirmations and invoices. Certain personal data of the Customer is required to create a personal account.

The Customer is required to provide complete, up-to-date and accurate information, and ROZE COSMETICS cannot be held liable in this respect. The Customer is informed that certain requested information is mandatory for the proper execution of the Order placed, which they expressly acknowledge.

The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.

Once the Order is finalized, its processing is confirmed by ROZE COSMETICS by sending an email to the Customer at the address provided at the time of the Order.

The Order is validated once payment has been fully completed and received by ROZE COSMETICS.

ROZE COSMETICS will send the Customer an invoice by email to the address provided at the time of the Order. The Customer is advised to save or print the invoice and keep it.

ROZE COSMETICS undertakes to fulfill validated Orders, subject to available stock.

Promotional codes offered by ROZE COSMETICS are strictly limited to distribution channels authorized by the brand (official website, newsletters, declared partnerships or the brand’s verified social media accounts).

Any Order placed using a promotional code distributed through an unauthorized or unofficial channel, or obtained fraudulently or improperly, may be canceled without prior notice by ROZE COSMETICS, without this constituting an abusive termination of the sales contract.

In the event of unavailability of one or more Products after the Order has been placed, the Customer will be informed by email.

The Customer will have the choice of being refunded the amount corresponding to the unavailable Products, or of being delivered when the relevant Products are back in stock (unless permanently removed from the catalog).

In any event, ROZE COSMETICS cannot be held liable for any prejudice suffered by the Customer, nor for any damages.

ROZE COSMETICS may modify at any time the assortment of products offered for sale on the Site, without prejudice to Orders already placed by the Customer.

ARTICLE 6: DELIVERY

Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of Order validation.

They will appear on a specific line separate from the one indicating the price of the Products.

It is expressly stated that the amount of delivery costs may vary depending on the delivery territory of the Products, which the Customer expressly acknowledges and accepts.

Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.

Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframe specified during the Product Order process and before validation of said Order. Delivery times are also recalled in the Order confirmation email sent to the Customer.

Delivery times include preparation and shipment of the Order, as well as the time required for the Products to reach the delivery point (Customer’s postal address or pick-up point).

In the absence of any indication on the Site of a delivery timeframe for the Products, ROZE COSMETICS undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer by ROZE COSMETICS. In this case, the relevant Products are delivered within the timeframe indicated on the Site and recalled at the time of the Order.

However, since ROZE COSMETICS uses external service providers (carriers, postal services, etc.) for the shipment of the Products, ROZE COSMETICS is entirely dependent on these third-party providers. The delivery times indicated on the Site may therefore be affected due to these providers, without ROZE COSMETICS being responsible for such delivery delays and the consequences that may result therefrom.

When delivery is made against signature, this signature constitutes proof of proper receipt of the parcel. The transfer of risk and responsibility relating to the Products takes place upon receipt of the Products by the Customer. From that date, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may result.

Consequently, the Customer undertakes to verify, at the time of delivery, that the delivered Order is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse delivery of the Order and to refrain from signing any supporting document.

Any Order received against signature by the Customer shall be considered compliant, complete and in perfect condition at the time of delivery.

ARTICLE 7: PAYMENT

The Customer pays on the website www.roze-cosmetics.com by credit card from the Visa, Mastercard, Maestro and American Express networks.

ARTICLE 8: WITHDRAWAL

Pursuant to Articles L.221-5 and following of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any damaged, incomplete, deteriorated product or product whose packaging is damaged will not be accepted), in order to request a refund without penalty.

In particular, ROZE COSMETICS will not issue a refund for cosmetic products that have already been used.

The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also include a copy of the invoice or any other element allowing identification of the relevant Order and its holder.

The return of the Product is carried out at the Customer’s risk. If the package is lost, stolen or damaged during the product return, ROZE COSMETICS reserves the right to refuse the refund of the returned product(s).

Only the Customer identified as such with ROZE COSMETICS may exercise this right, to the exclusion of any other person, in particular the recipient of the delivery. To request a return, please contact us at the following address: hello@roze-cosmetics.com

ARTICLE 9 – PERSONAL DATA

9.1. Personal data is collected by ROZE COSMETICS when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, as the Customer has the possibility to place an Order as a "guest".

In addition, personal data is collected through cookies. This type of collection is addressed in Article 9.2 below.

When placing an Order, certain personal data must be provided by the Customer and collected by ROZE COSMETICS. This includes the Customer’s last name, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account.

This personal data is subject to automated processing for the purposes of managing the Order and ROZE COSMETICS’ customer database, as well as for commercial prospecting and statistical purposes.

It may be transmitted to ROZE COSMETICS’ commercial partners who contribute to the delivery of the Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.

Furthermore, within the framework of the online payment services used by ROZE COSMETICS, these services collect certain personal data belonging to Customers on behalf of ROZE COSMETICS.

The said data is retained for the period necessary for the purposes for which it is collected and processed, namely for the execution of the Order placed by the Customer, unless:

  • a longer retention period is authorized or required by a legal or regulatory provision;

  • the Customer has exercised, under the conditions provided below, one of the rights granted to them by law.

In addition, when the Customer has created a personal account, the personal data communicated for this purpose is retained until the account is deleted, which may be requested from ROZE COSMETICS under the conditions described below.

Subject to the Customer’s express consent through checkboxes, the Customer’s email address may also be used by ROZE COSMETICS for newsletter subscription and/or the transmission of promotional offers.

If the Customer no longer wishes to receive newsletters and/or promotional offers, they may modify their choice by contacting ROZE COSMETICS under the conditions mentioned below or by using the unsubscribe links provided in the messages.

The information collected may possibly be communicated to third parties contractually linked to ROZE COSMETICS for the performance of subcontracted tasks necessary for managing the Order, without the Customer’s authorization being required. It is specified that, in the performance of their services, third parties have only limited access to the data and have a contractual obligation to use it in compliance with the applicable personal data protection legislation. Outside the cases stated above, ROZE COSMETICS undertakes not to sell, rent, transfer or grant access to third parties to the data without the Customer’s prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of defense rights, etc.).

In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978 as amended relating to information technology, files and freedoms, and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right of access, rectification, portability and erasure of their data, or restriction of processing. They may also, for legitimate reasons, object to the processing of data concerning them.

They may therefore require that personal data concerning them which is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or erased. The User’s personal data is also deleted when the User expressly withdraws their consent to the collection and processing of their personal data, subject to ROZE COSMETICS’ legal obligations. Under the right to data portability, the User may also recover their personal data for their personal use, or request that it be transferred to a third party, if technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning them, and request the restriction of data processing.

To exercise these rights, the User must send a request by email to hello@roze-cosmetics.com indicating their last name and first name. ROZE COSMETICS may request the User to prove their identity by attaching to their request any necessary document, in particular a copy of their identity card or passport.

ROZE COSMETICS will implement the means at its disposal to process requests relating to Users’ personal data.

In the event of a security breach of the Site or loss of personal data relating to Users, ROZE COSMETICS will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.

Users also have the right to lodge a complaint with the national supervisory authority, namely the CNIL.

To obtain more information regarding their rights, Users may click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

9.2. ROZE COSMETICS may implement cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site and stores information entered during visits to the Site in order to facilitate the use of the Site.

Cookies installed by ROZE COSMETICS are deleted from the Customer’s device after a period of 13 months.

The User may object to their installation and/or delete them by following the procedure indicated on their browser.

In this respect, ROZE COSMETICS collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Data Protection Regulation.

ROZE COSMETICS uses these cookies solely to establish connection statistics as well as Users’ browsing histories.

ARTICLE 10: GIFT VOUCHERS / CREDIT NOTES

Gift vouchers sent by ROZE COSMETICS are valid for 1 year on all Products offered on the Site. Gift vouchers cannot be combined with each other or with promotional codes.

ARTICLE 11: PROMOTIONAL CODES

Promotional codes apply only to non-discounted base prices. Promotional codes cannot be combined with each other or with gift vouchers. Promotional codes may be used once per Customer account unless otherwise instructed by ROZE COSMETICS. These codes are not refundable in the event of an exchange.

ARTICLE 12: INTELLECTUAL PROPERTY

Without this list being exhaustive, the trademark "ROZE COSMETICS" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site are the exclusive property of ROZE COSMETICS. The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) relating to the Site are also protected by all applicable intellectual property rights or database producer rights, of which ROZE COSMETICS is the sole owner or rights holder. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of ROZE COSMETICS are strictly prohibited and may be subject to legal proceedings.

Any reproduction or representation, in whole or in part, of the Site or the elements composing it, such as trademarks, logos, graphic charter, layout, information, presentation and content of the Site, without this list being limiting, is prohibited.

Browsing the Site does not entail any transfer of intellectual property rights to the User. ROZE COSMETICS grants the User a right of access and consultation of the Site only, under the conditions and terms provided for in these GTC.

ARTICLE 13: LIMITATION OF LIABILITY

13.1 ROZE COSMETICS declines all liability for damages of any kind whatsoever, resulting in particular from the use of the Site or the Order of Products, including damage to the reputation and image of the Customer, or loss of data that may occur as a result of the use of the Site.
In the event that the liability of ROZE COSMETICS is established and upheld due to damage suffered by the Customer and exclusively attributable to ROZE COSMETICS, such liability shall be limited to the amount of the Order paid by the Customer to ROZE COSMETICS.

13.2 The User acknowledges that their use of the Site is at their own risk. The Site is provided to them "as is" and is accessible without any guarantee of availability or regularity.
ROZE COSMETICS will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in cases of force majeure or events beyond the control of ROZE COSMETICS and subject to maintenance periods, possible breakdowns, technical contingencies related to the nature of the network or acts of malice or any damage caused to ROZE COSMETICS’ hardware or software.

13.3 ROZE COSMETICS shall in no event be held liable for any interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption.

13.4 The Site currently has the necessary technology for its access and use; however, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User’s computer systems, cannot be excluded.
ROZE COSMETICS offers no explicit or implicit guarantee regarding the operation of the Site, including any technical problem that may occur.
ROZE COSMETICS reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to remove, limit, suspend or prohibit access to them, temporarily or permanently.

13.5 The liability of ROZE COSMETICS under the obligations of these GTC shall not be engaged in the event that the non-performance of its obligations is attributable to a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of a force majeure event as defined by French courts and Article 1218 of the Civil Code, or to any other event not reasonably under the exclusive control of ROZE COSMETICS.
It is agreed that in the event that the liability of ROZE COSMETICS is engaged, regardless of the basis and/or nature of the action, only direct and foreseeable damages may give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as for example commercial disturbance, loss of customers, etc., shall not give rise to compensation for the User.
In any event, the liability of ROZE COSMETICS, in the event of damage caused to the Customer, for whatever reason, shall be expressly limited and may in no case exceed the total amount excluding taxes of the Customer’s Order placed under these terms.

13.6 The Customer undertakes to use the Products in strict compliance with the instructions for use provided by ROZE COSMETICS. Consequently, ROZE COSMETICS cannot be held liable in the event of non-compliant use of the Products by the Customer or a third party.

ARTICLE 14: LEGAL WARRANTY

In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from the legal warranties, namely the warranty of conformity (Articles L.217-4 and following of the Consumer Code) and the warranty against hidden defects (Articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.

14.1 Warranty against hidden defects

In accordance with Articles 1641 and following of the Civil Code, ROZE COSMETICS is bound by the warranty against hidden defects in the Products sold which render them unfit or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years from the discovery of the defect.

Within the framework of the legal warranty against hidden defects, ROZE COSMETICS, at the Customer’s choice, undertakes, after assessment of the defect, either:

  • to refund the full price of the relevant Product;

  • to refund part of the price of the Product if the Customer decides to keep it.

14.2 Legal warranty of conformity

In accordance with Articles L.217-4 and following of the Consumer Code, ROZE COSMETICS is required to deliver Products that conform to each Customer’s Order, namely:

  • Products corresponding to the description given by ROZE COSMETICS;

  • Products presenting the qualities that the Customer may legitimately expect in view of ROZE COSMETICS’ statements.

The Customer may bring an action on the basis of a lack of conformity within two years from delivery of the Product, it being understood that any lack of conformity appearing within two years from delivery is presumed to have existed at the time of delivery.

Within the framework of the legal warranty of conformity, ROZE COSMETICS, at the Customer’s choice, undertakes, after assessment of the defect, either:

  • to refund the price of the relevant Product;

  • to exchange the Product for a Product conforming to the Order, if possible.

ARTICLE 15: COMPLAINTS – INFORMATION

Any complaint or request for information relating to these GTC must be addressed to Customer Service by email at the following address: hello@roze-cosmetics.com.

ARTICLE 16 – MISCELLANEOUS PROVISIONS
16.1 Partial invalidity

If one or more provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect.

16.2 Non-waiver

The fact that one of the Parties does not rely, vis-à-vis the other Party, on a breach of any of the obligations referred to in the GTC shall not be interpreted in the future as a waiver of the obligation in question.

16.3 Mediation

In the event of a dispute relating to an Order, the Customer must first contact ROZE COSMETICS in order to seek an amicable solution, by email at hello@roze-cosmetics.com.

Referral to a mediator may only take place after the Customer has made prior written attempts with ROZE COSMETICS.

Furthermore, 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 extrajudicial resolution of online disputes between consumers and professionals within the European Union. This platform is accessible at the following link: 

https://webgate.ec.europa.eu/odr/.

16.4 Applicable law and jurisdiction

These GTC are governed by French law, unless a mandatory provision provides otherwise.

In the absence of an amicable resolution and regardless of the origin of the dispute, disputes relating to the execution or interpretation of these GTC shall be submitted to the competent courts of Paris, unless a mandatory provision provides otherwise. For all intents and purposes, it is specified that the time limits for taking legal action are not suspended during the period in which an amicable solution is sought or mediation is requested.