General terms and condition of sale
Article 1 : Item
The present general conditions contain the conditions of use of our website " www.rosetadesign.com " as well as the general conditions of sale of our products to the customer via our website.
Prior to using our site, the customer is required to read these conditions carefully. By using our site or by placing an order on it, the customer agrees, unless he can prove otherwise, to be bound by these conditions.
We are entitled to make changes to these conditions at any time. The applicable conditions will be those in force at the time of the use of this site or the conclusion of the Contract.
Article 2 : Trade name - contact details
The sale of our products via our site is carried out under the trade name.
Diane le Grelle " Roseta Design"
Rue de l'Eglise 121, 1200 Woluwe-Saint-Lambert VAT : BE073905895
The customer can contact us either at the above-mentioned address or bye using the following email address : firstname.lastname@example.org
Article 3 - Conclusion of the contract
Under no circumstances does the information on our site constitute an offer to sell the products presented on it.
Consequently, as long as we have not confirmed to the customer that we accept the order, no contract can be considered to have been validly concluded.
Once the Customer has successfully completed the online ordering process on our website, we reserve the right to accept or refuse the said order. Our agreement to the order placed and the conclusion of the subsequent Contract can only be inferred from the dispatch of the order confirmation.
Article 4 - Availability of products
All product orders are subject to availability. In the event of supply difficulties or if the products are no longer in stock, we reserve the right to inform the customer of the possibility of ordering replacement products of the same or higher quality or value. If the customer does not wish to order these replacement products, we will reimburse the customer for any amount paid.
Article 5 - Prices - Payment
Our prices are in Euros, including VAT or in local currency if applicable.
Our prices are those indicated on our website, except in case of obvious error.
If we detect an error in the price of the product(s) ordered, we will inform the Customer as soon as possible and offer to either confirm the order at the correct price or cancel it. If we are unable to obtain a response from the Customer on the alternative offered within eight days, we will cancel the order and proceed to refund the amounts paid.
Under no circumstances shall we be obliged to execute a contract concluded at an incorrect lower price, notwithstanding the sending of an order confirmation, if the error is manifest and the Customer should reasonably be able to identify it as such.
Our prices do not include delivery costs. These are referred to in Article 6.
Our prices are not subject to revision.
We offer the following methods of payment: Maestro, Paypal & bank transfer.
Article 6 - Delivery
We offer the following modes of delivery, at the rates applicable at the time of the conclusion of the Contract:
- Bpost at home
- Hand pick-up - 1030 Schaerbeek
If an order is delivered several times due to the unavailability of certain products, the delivery costs will only be charged to the Customer once.
Without prejudice to the provisions relating to the availabilty of products and force majeure, we will make every effort to execute the order for the product(s) referred to in each order confirmation before the delivery date indicated date is specified, within the estimated time that is indicated when choosing the method of delivery and, in any event, within a maximum period of thirty day from the date of the order confirmation .
If we are unable to meet the delivery date for any reason whatsoever, we will inform the Customer as soon as possible and offer either to continue the performance of the Contract with a new delivery date or to terminate the Contract and refund the amounts paid by the Customer.
"Delivery" shall be deemed to have been made, or the order shall be deemed to have been "delivered", when the Customer or a third party designated by the Customer is in material possession of the products, which shall be materialised by the signature of the acknowledgement of receipt of the order at the agreed delivery address.
Article 7 - Retention of title
The products sold remain our property until full payment of the price and delivery costs.
Article 8 - Transfer of risks
The risks associated with the products are transferred to the Customer at the moment when the Customer or a third party designated by the Customer and other than the carrier takes physical possession of the products.
Article 9 - Right of retraction
Legal right of withdrawal
The Customer has the right to withdraw from the concluded contract without giving reasons within fourteen days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the product sold. If the contract relates to several products ordered by means of a single order, and if these products are delivered separately, the withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last product.
In order to exercise the right of withdrawal, the Customer must notify us of his decision to withdraw from the Contract by means of an unambiguous statement (e.g. by telephone, letter sent by post or e-mail).
In order to comply with the withdrawal period, it is sufficient for the Customer to send us his communication on the exercise of the right of withdrawal before the expiry of the fourteen-day withdrawal period.
Effects of withdrawal
In the event of retraction, we will exchange the products for a voucher for the same amount including delivery costs (except for additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the cheaper standard delivery method proposed) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of the Customer's decision to retract.
We reserve the right to issue a voucher until we receive the product(s) or until the Customer has provided us with proof of dispatch of the product(s), whichever occurs first.
The Customer must return or return the product(s) to us, without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw to us. This deadline is deemed to have been met if the product is returned before the fourteen-day period has expired.
The direct costs of returning the goods shall be borne by the Customer.
The Customer shall not be entitled to any exchange if the product delivered has been used, if it is not in the same conditions as at the time of delivery or if it has been damaged.
In order to be entitled to an exchange, the Customer will be required to return the products in their original packaging and enclosing any documents, if applicable, accompanying these products.
Article 10 - Warranty of consumer goods
In accordance with articles 1649bis to 1649octies of the Civil Code, we will be liable for any lack of conformity that exists at the time of delivery of the product and that appears within two years.
However, the defect shall be deemed to be non-existent if, at the time of the conclusion of the contract, the Customer was aware of the lack of conformity or could not reasonably have been unaware of it or if the lack of conformity is attributable to him.
It is agreed that the Customer must notify us of any lack of conformity in writing within 14 days of the day on which he became aware of the lack of conformity. Failure to comply with this obligation will result in the loss of the Customer's rights for lack of conformity.
However, we would like to point out that in this respect, the special nature of our products must be taken into account and that the Customer is obliged to take care of them, in particular by avoiding any contact of the products with detergents or abrasive products (e.g. chlorine). Furthermore, normal wear and tear and a certain patina linked to the repeated wearing of our products can under no circumstances be considered as a lack of conformity within the meaning of this provision.
Article 11 - Liability
Except as expressly provided in these Terms, our liability in respect of any Contract entered into on our site is strictly limited to the price of the products which are the subject of the Contract.
In addition, we shall not be liable for loss of opportunity, loss of income or contracts, loss of data or loss of time...
Furthermore, despite all our vigilance, we guarantee neither the accuracy nor the security of the information transmitted or obtained by means of this site, unless expressly indicated otherwise.
By way of exception, our liability shall not be excluded or limited in the following cases: (i) death or personal injury caused by our negligence; (ii) wilful misconduct; or (iii) in any case where a limitation of our liability would be unlawful or unreasonable.
We further disclaim all liability for any loss or damage resulting from a virus or other technological attack, caused to your computer equipment and data resulting from the use of our website or resulting from the downloading of files sent to you by us.
Article 12 - Force majeure
We shall not be liable for the non-performance or delay in performance of any of our obligations when such non-performance is due to force majeure, including - without this list being exhaustive - in the event of fire, hail, natural disasters, strikes, general lack of supply, acts, decrees, legislation, regulations or restrictions on the part of any government or public authority, incidents or accidents in maritime or inland waterway transport, postal transport or any other type of transport.
In the event of force majeure, our contractual obligations will be suspended for the duration of the force majeure and our lead times will, if necessary, be extended by a period equivalent to the duration of the force majeure. If the case of force majeure results in the definitive impossibility of performing our contractual obligations, we shall be released from them.
Article 13 - Intellectual property rights
The Customer expressly acknowledges that all intellectual property rights of any kind whatsoever relating to the content of our website remain our exclusive property or that of persons licensed by us. The Client may therefore not make any use of them without having been expressly and previously authorised to do so. The Client may nevertheless make use of our site in accordance with what is necessary to keep a copy of the information relating to the Contract and his personal data.
Article 14 - Communications
Any communication to be made to the customer shall be deemed to have been properly made if it is made to the e-mail or postal address indicated by the customer when the contract was concluded.
Article 15 - Protection of personal data
The customer's personal data are processed by us for the following purposes
the execution of this Agreement ;
customer management, direct marketing and market research.
The Customer's personal data will be stored in a file.
This data will be used solely for the above-mentioned purposes, subject to the Customer's right to object to its processing for direct marketing purposes.
The customer's data will not be passed on to any third party.
Article 16 - Waiver
No waiver on our part of any of our rights can only be inferred from an express, certain and written expression to that effect.
Article 17 - Invalidity
The invalidity of any of the clauses of the present Conditions shall be limited to the invalid clause and shall not affect the rest of the Conditions.
Article 18 - Applicable law
The use of our website as well as any Contract concluded through our website is governed by Belgian law.
However, this provision shall in no way affect any more protective provisions that the Client may benefit from, where applicable, under its national law.
Article 19 - Jurisdiction
Any dispute relating, directly or indirectly, to the use of our website, to the conclusion, performance or interpretation of the Contracts concluded through our website shall be subject to the jurisdiction of the courts of Brussels (Belgium), Brussels Division, without prejudice to the application of article 624, 1°, 2° and 4° of the Judicial Code or to the rights which the Customer enjoys, where applicable, in application of more protective provisions of his national law.