Article 1 - Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ROUGE ABSOLU (the "Seller") with consumers and professional buyers (the "Client(s)"), wishing to acquire the products offered for sale by the Seller (the "Products") on the website www.rougeabsolu.com (the "Site"). They notably specify the conditions for ordering, payment, delivery, and management of any returns of Products ordered by Clients. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the Site. The Client is required to review them before placing any order. The choice and purchase of a Product is the sole responsibility of the Client. The photographs (which, while being as accurate as possible, cannot guarantee a perfect similarity with the Products offered, particularly regarding colors) and graphics presented on the Site are not contractual and cannot engage the Seller's liability. The Client is required to refer to the description of each Product to ascertain its essential properties and specificities. Product offers are valid within the limits of available stock, as specified when placing the order. The Seller's contact details are: ROUGE ABSOLU, 3, rue des Saints Pères - 75006 Paris. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels. These General Terms and Conditions of Sale are accessible at any time on the Site and will prevail, if applicable, over any other version or contradictory document. The Client declares having read these General Terms and Conditions of Sale before initiating the online ordering procedure, as well as the general terms of use of the Site. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in force on the Site on the date the order is placed. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client. In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) effective May 25, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail and proving their identity, to the Seller. Validation of the order by the Client implies unreserved acceptance of these General Terms and Conditions of Sale. The Client acknowledges having the necessary capacity to contract and acquire the Products offered on the website. The Products presented on the Site are offered for sale to the following countries: France, United Kingdom, Switzerland, Luxembourg, European Community, United States, Latin America, Dubai (hereinafter the "Territory"). For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated without taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and are the sole responsibility of the Client. Modifications to these General Terms and Conditions of Sale are effective against Site users from their online publication and cannot apply to transactions concluded previously.
Article 2 - Orders
It is up to the Client to select the Products they wish to order on the Site, according to the following terms: The Client wishing to purchase one or more product(s) listed on the Site must select each Product in question and add it to their basket. Once all Products have been selected for purchase, the Client can confirm the contents of their basket and place the order. The Client is then redirected to a page summarizing the details of the selected products, their quantities and prices, as well as delivery options (with the associated delivery costs). The Client must then choose the delivery options as well as the shipping and payment methods. They should click on the "Pay" button to confirm and place the order. Once the order is placed, the Client receives a confirmation message (including an order number to be referenced in all correspondence) and will be informed of the shipment of the items. The Client agrees to receive invoices for their purchases electronically. Electronic invoices will be sent in the order confirmation email. Contractual information is presented in French and is confirmed at the latest when the order is validated by the Client. Product offers are valid as long as they are visible on the Site, within the limits of available stock. The sale will only be considered final after the Seller sends the Client confirmation of acceptance of the order by email and after full payment has been received by the Seller. For orders placed exclusively online, an order is registered on the Seller's Site when the Client acknowledges these General Terms and Conditions of Sale and validates their order. The Client has the possibility to check the details of their order, its total price, and correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore up to the Client to verify the accuracy of the order and to report any error immediately. Any order placed on the Site constitutes the formation of a distance contract between the Client and the Seller. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. The Seller does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. Any modifications to the order by the Client, concerning the same Product and relating to color and/or quantity, can only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the Seller at least two days before the scheduled shipping date of the order. In the event that these modifications cannot be accepted by the Seller, the sums paid by the Client will be refunded within a maximum period of one month from the notification of the impossibility of accepting the modifications requested by the Client (unless the Client prefers to receive a credit note). In case of cancellation of the order by the Client after its acceptance by the Seller less than two days before the scheduled delivery date of the ordered Products, for any reason whatsoever except for the exercise of the right of withdrawal or force majeure, an amount corresponding to 15% of the total purchase amount will be acquired by the Seller and invoiced to the Client, by way of damages, in compensation for the prejudice thus suffered.
Article 3 - Prices
Products are supplied at the current prices listed on the Site when the order is registered by the Seller. Prices are expressed in Euros, excluding tax and including tax. Items subject to VAT are subject to French VAT. Any change in French legal VAT rates will be reflected in the price of products and services presented on the Site, on the date stipulated by the implementing decree referring to it. Prices take into account any reductions that may be granted by the Seller on the Site. These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the Site and calculated prior to the placement of the order. The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
Article 4 - Payment Conditions
The price is payable in cash, in full on the day the order is placed by the Client, by secure payment, according to the following methods: - by bank cards: Visa, MasterCard, American Express, Diners Club and JCB - by Paypal Payment data is exchanged in encrypted mode using the STRIPE protocol. In the case of payment by bank card, the card is debited at the time of basket validation (order completion). The Seller will not be obliged to deliver the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above. Payments made by the Client will only be considered final after effective collection of the sums due by the Seller. No additional costs, exceeding the costs borne by the Seller for the use of a payment method, may be charged to the Client.
Article 5 - Deliveries
Costs: Delivery costs dedicated to our online Site have been established based on the volume and weight of the Product, according to the current rates of the postal service and our carriers. Products ordered by the Client will be delivered within the Territory within a timeframe dependent on the Product, quantity, and chosen delivery method; an indicative shipping time is specified after selection of the shipping method. Delivery times are given for information only. If the ordered Products have not been delivered within twelve days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Client will then be refunded no later than twenty days following the date of termination of the contract, excluding any compensation or retention. Delivery consists of the transfer of physical possession or control of the Product to the Client. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment. The Seller assumes the risks associated with transport and undertakes to deliver the ordered Products in a sealed, resistant package, appropriate to the content and transport requirements. Any product damaged or lost during transport will be replaced. The transport warranty is only valid if the Client or their Recipient has signed the delivery note or transport receipt presented by the carrier, on which they will have taken care to make precise, dated, and signed handwritten reservations. By affixing their signature to the delivery note or transport receipt, without making any reservation, the Client acknowledges that their package has not been damaged during transport. In case of dispute, the original packaging must be kept until the dispute is resolved. The Client or their recipient must inform Customer Service by email at the following address: ROUGE ABSOLU 3 rue des Saints-Pères 75006 PARIS within a maximum of 48 hours from delivery, after which no claim will be taken into account. Independent Carrier Deliveries are carried out by an independent carrier, to the address indicated by the Client when ordering and which the carrier can easily access. When the Client has arranged for a carrier of their own choosing, delivery is deemed to have been made upon the Seller's handover of the ordered Products to the carrier, provided that the carrier has accepted the sold Products without reservation. The Client therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in the event of non-delivery of the transported goods. In the event of a specific request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Client. In-store delivery The Seller also offers free delivery to its store located at 3, rue des Saints Pères (Paris 6th arrondissement). The Client is required to check the condition of the products they take delivery of on site. They have a period of 7 days from taking possession of the Products to formulate in writing (postal mail, email, fax) any reservations or claims for non-conformity or hidden defects of the Products in question with all supporting documents (photos in particular). After this period and if these formalities have not been respected, the Products will be deemed compliant and no claim can be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).
Article 6 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products. Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage related thereto will only take place when the Client takes physical possession of the Products. The Products therefore travel at the Seller's risk.
Article 7 - Right of Withdrawal
In accordance with the legal provisions in force, the Client may, unless one of the exceptions listed below applies, withdraw from their order without giving any reason within 14 days from the date on which they, or a third party designated by the Client (other than the carrier), took physical possession of the purchased Products (or of the last item, lot, or piece if the contract relates to the delivery of several Products or several lots or pieces delivered separately). The Client must notify the Seller of their decision to withdraw from their order. The Client may submit their request online in accordance with the instructions and forms available on the Site, or by mail. To meet the withdrawal deadline, it is sufficient for the Client to send their withdrawal request before the 14-day period expires and to return the product concerned by any appropriate means. The Client will be reimbursed for all payments made by them relating to the withdrawn order (in whole or in part), including standard delivery costs (i.e., corresponding to the least expensive delivery offered on the Site and only in Metropolitan France) no later than 14 days from receipt of the withdrawal request. The same payment method as that used by the Client for their initial order will be used. However, the reimbursement will be deferred until receipt of the Product(s). Exceptions to the right of withdrawal The right of withdrawal does not apply to: the delivery of products that cannot be returned for reasons of hygiene or health protection, if the Client has unsealed them or if they have, after being delivered, been inseparably mixed with other items; the delivery of products that have been manufactured according to your specifications or clearly personalized; the supply of products likely to deteriorate or expire quickly; The Client has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within at least 14 days following communication of the decision to withdraw following notification to the Seller of the Client's decision to withdraw. Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice or the order number to which the Products relate. Any Product damaged, incomplete, missing, or whose original packaging has been damaged, will neither be refunded nor exchanged and will be re-shipped to the Client. The Client is advised to return their Products with registered mail or additional insurance guaranteeing, if necessary, compensation for the Products up to their real market value in the event of theft or loss of the parcel(s). The right of withdrawal can be exercised online, using the withdrawal form available on the Site, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other unambiguous statement expressing the will to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs are reimbursed; the return costs remain the responsibility of the Client. The exchange (subject to availability) or reimbursement will be made within a maximum of 14 days from receipt, by the Seller, of the Products returned by the Client under the conditions provided for in this article.
Article 8 - Seller's Responsibility - Warranty
The Products sold on the site comply with the regulations in force in France and have performance compatible with non-professional use. The Products supplied by the Seller benefit as of right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions: - the legal guarantee of conformity, for Products that are apparently defective, damaged or broken or do not correspond to the order, - the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use, provided that the following conditions are met: The defect or fault affecting the purchased product is serious; The defect or fault must be hidden; The defect or fault existed before the purchase even if it appeared later; It must not be the consequence of improper use of the product. under the following conditions and procedures: When the Customer acts under the legal guarantee of conformity: they benefit from a period of two years from the delivery of the goods to act; they can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; since March 18, 2016, they are exempt from providing proof of the existence of the conformity defect of the Product during the twenty-four months following its delivery. The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects in the Product in accordance with article 1641 of the Civil Code; in this case, they can choose between cancellation of the sale or a reduction in the selling price in accordance with 1644 of the Civil Code. In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum of two days from the delivery of the Products or the existence of hidden defects within the aforementioned deadlines and return or bring the defective Products to the store in the state in which they were received with all elements (accessories, packaging, instructions...). The Seller will reimburse, replace or have the non-compliant or defective Products or parts repaired. Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents. Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen days following the Seller's discovery of the lack of conformity or hidden defect. The reimbursement will be made by credit to the Customer's bank account or by bank check sent to the Customer. The Seller's liability cannot be engaged in the following cases: - non-compliance with the legislation of the country in which the products are delivered, which the Customer is responsible for checking, - in case of misuse, professional use, negligence or lack of maintenance by the Customer, as in case of normal wear and tear of the Product, accident or force majeure. The Seller's guarantee is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.
Article 9 - IT and Freedoms
In application of law 78-17 of January 6, 1978, as amended by law no. 2018-493 of June 20, 2018, it is recalled that the nominative data requested from the Customer are necessary for the processing of their order and the establishment of invoices, among other things. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders. The processing of information communicated via the Site meets the legal requirements for personal data protection, the information system used ensuring optimal protection of this data. In accordance with national and European regulations in force, the Customer has a permanent right to access, modify, rectify, object to, portability and limit the processing of information concerning them.
Article 10 - Intellectual Property
The content of the Site is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement. Furthermore, the Seller remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the purpose of providing Services to the Customer. The Customer is therefore prohibited from any reproduction or exploitation of said studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Seller, who may make it conditional on financial consideration.
Article 11 - Unforeseeability
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales transactions of the Seller's Products to the Customer. The Seller and the Customer therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseeability provided therein, committing to assume their obligations even if the contractual balance is disrupted by unforeseen circumstances at the time of concluding the sale, even if their execution proves excessively costly, and to bear all economic and financial consequences thereof.
Article 12 - Force Majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code. The Party noting the event must immediately inform the other party of its inability to perform its service and justify it. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor entail the payment of damages or late penalties. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of ten days. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the impeded Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of seven days, these terms will be purely and simply terminated according to the following modalities: Termination may only take place ____ days after receipt of a formal notice sent by registered letter with acknowledgment of receipt or any extrajudicial act.
Article 13 - Modification of the General Terms and Conditions of Sale
The Seller reserves the right to make changes to its Site, its procedures, and its terms and conditions, including these General Terms and Conditions of Sale at any time. The Customer is subject to the terms and conditions, procedures and General Terms and Conditions of Sale in force at the time of ordering a product, unless a change to these terms and conditions, or these General Terms and Conditions of Sale is required by an administrative or governmental authority (in which case, this modification may apply to previous orders placed by the Customer). If any provision of these General Terms and Conditions of Sale is deemed invalid, void or unenforceable for any reason whatsoever, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Article 14 - Waiver
If the Customer breaches these General Terms and Conditions of Sale and the Seller takes no action, the latter will still be entitled to use its rights and remedies in all other situations where the Customer would violate these General Terms and Conditions of Sale.
Article 15 - Applicable Law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 16 - Disputes
These General Terms and Conditions of Sale are governed by French law. All disputes that may arise from the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between the Seller and the Customer, will be submitted to the competent French courts under the conditions of common law. The Customer is informed that they can in any case resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the Site, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 17 - Pre-contractual information - Customer acceptance
The act of a natural (or legal) person ordering on the Site implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.
APPENDIX I - PROVISIONS RELATING TO LEGAL WARRANTIES
Article L217-4 of the Consumer Code The seller is required to deliver goods that conform to the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out under their responsibility or commissioned by the contract. Article L217-5 of the Consumer Code - Be fit for the purpose ordinarily expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; display the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling - Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L217-12 of the Consumer Code The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods. Article L217-16 of the Consumer Code When the buyer requests from the seller, during the commercial guarantee granted to them upon acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining guarantee period. This period runs from the buyer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention. Article 1641 of the Civil Code The seller is bound by the warranty against hidden defects in the sold item that render it unfit for its intended use, or that diminish this use so much that the buyer would not have acquired it, or would have given a lower price for it, had they known of them. Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
APPENDIX II - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on WWW.ROUGEABSOLU.COM, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To ROUGE ABSOLU – 3 rue des Saints-Pères – 75006 - Paris - FRANCE - Order (Indicate the date of the order)
- Order number: ...........................................................
- Customer Name: ...........................................................................
- Customer Address: .......................................................................
Customer Signature (only in case of notification of this form on paper):
