These terms of sale are agreed between
LA ROCHÈRE SAS
A simplified joint-stock company with capital of 2.500.060,50 €,
registered in Vesoul Trade & Companies Register under no. 815 680 020
SIRET ID number: 815 68 020 00014 – VAT FR23815680020
Headquarters: 4, rue de la Verrerie - 70210 PASSAVANT-LA-ROCHÈRE – France
Tel.: (33) 03 84 78 61 00
E-mail : firstname.lastname@example.org
and manager of the sales website https://www.larochere.com/gb
hereinafter " LA ROCHÈRE ",
Any individual or legal entity acting outside their professional activity and wishing to make a purchase via La Rochère's commercial website https://www.larochere.com/
hereinafter “THE CUSTOMER”.
Article 1 – PURPOSE
These terms of sale are designed to set out the contractual relationship between LA ROCHÈRE and THE CUSTOMER and the conditions applicable to any purchase made through LA ROCHÈRE's commercial website https://www.larochere.com/boutique The purchase of a product through this website implies unreserved acceptance by THE CUSTOMER of these terms of sale, which THE CUSTOMER acknowledges having read prior to placing their order. Prior to any transaction, THE CUSTOMER declares, firstly, that the purchase of products on the https://www.larochere.com/boutique is not directly related to their professional activity and is limited to strictly personal use and, secondly, that they have full legal capacity to commit themselves under these general terms of sale.
These terms of sale apply to the exclusion of all other conditions, in particular those in force for sales in shops, and prevail over any other general or special conditions not expressly approved by LA ROCHÈRE.
LA ROCHÈRE reserves the right to modify these terms of sale at any time. As a result, the applicable terms and conditions will be those in force at the date of the order by THE CUSTOMER.
Article 2 – PRODUCTS
The products and services offered are those listed on LA ROCHÈRE's commercial website https://www.larochere.com/boutique. This range does not include all the products referenced in the company's catalogues.
The products offered by LA ROCHÈRE online are subject to stock availability.
LA ROCHÈRE reserves the right to modify the product range at any time.
Each product is accompanied by a description produced by LA ROCHÈRE, including the main technical characteristics.
Contractual information is presented in French and English, with only the French version being binding in the event of contradiction. The contractual information will be confirmed at the latest at the time of delivery.
Product photographs are as accurate as possible, but cannot guarantee a perfect resemblance with the products sold.
In view of the way the products are presented in the photographs, it is possible that the buyers' perception of the representation of the products does not correspond exactly to the product itself and that minor differences may be noted.
In all cases, if THE CUSTOMER considers the products to be non-compliant, they have the right of return and withdrawal.
Article 3 – TERRITORIAL SCOPE
The online sale of the products and services presented on the website is reserved for buyers who reside in mainland France, Monaco and in the following countries: Germany, Austria, Belgium, Denmark, Spain, Greece, Italy, Ireland, Luxembourg, Netherlands, Portugal, United Kingdom and Switzerland.
|Zone 1 (Belgium, Netherlands, Germany, Luxembourg)
|€120 including VAT
|Zone 2 (Austria, Spain, Ireland, Italy, Portugal, United Kingdom)
|€150 including VAT
|Zone 3 Switzerland
|€200 including VAT
|Zone 4 (Greece)
|€200 including VAT
Shipments for other geographical areas will be assessed on a case-by-case basis at the following address: email@example.com.
Article 4 – PRICES
The prices shown on LA ROCHÈRE's commercial site are in euros and include VAT applicable on the day of the order, but exclude shipping costs. Any change in the VAT rate may be passed on to the price of products or services.
LA ROCHÈRE reserves the right to modify its prices at any time, with the understanding, however, that the price shown on the commercial site on the day of the order will be the only price applicable to THE CUSTOMER.
The prices shown do not include the order processing, transport and delivery costs, which, provided that they take place in the geographical areas specified below, are invoiced in addition and brought to the CUSTOMER's attention before the final order is confirmed.
The telecommunication costs inherent in accessing the site remain the exclusive responsibility of the Internet user.
Article 5 – ORDERS AND AVAILABILITY
THE CUSTOMER declares and guarantees that it has the legal capacity to enter into a contract or undertaking.
THE CUSTOMER who wishes to purchase a product or service must:
- fill in the identification form, providing all the requested details or giving their customer number;
- fill in the online order form, giving all the references of the products or services chosen;
- confirm the order after verification;
- pay in accordance with the stated conditions;
- confirm the order and payment.
This order process, by successive stages and data entry, allows THE CUSTOMER to make any changes to their order before it is confirmed and definitively placed.
Only orders with a delivery address and an invoicing address in the geographical area defined above will be accepted.
Confirmation of the order implies acceptance of the present terms of sale, acknowledgement of having read and understood them and waiver of the right to invoke their own terms of purchase or other conditions.
The information provided and registered confirmation thereof constitutes proof of the transaction. Confirmation implies signature and acceptance of the transaction.
LA ROCHÈRE will send confirmation of the registered order by e-mail.
If the product is unavailable, LA ROCHÈRE undertakes to inform THE CUSTOMER by e-mail. Pursuant to article L. 121-11 of the French Consumer Code, THE CUSTOMER will then have the option of requesting the cancellation of their order or its partial delivery.
LA ROCHÈRE reserves the right to refuse or cancel any order from a purchaser if it is irregular, placed in bad faith or for any other reason, and in particular when there is a dispute relating to the payment of a previous order.
Article 6 - PAYMENT
The price is payable at the time of order.
Payments must be made by credit card, bank transfer or PayPal.
Credit card transactions will be processed using La Banque Populaire's secure CyberPlus system, which uses the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and no third party can read it during transmission over the Internet.
THE CUSTOMER's account will be debited when ordering the available products and only for the amount due for the products and shipping costs.
THE CUSTOMER declares that they are the holder of the bank card to be debited and that the name appearing on the bank card is actually their own.
In the event of it being impossible to debit the full price, the sale will be immediately cancelled by operation of law and the order will be cancelled.
Products remain the property of LA ROCHÈRE until the price has been paid in full.
Article 7 – DELIVERY
Deliveries are made to the address provided on the order form, which can only be within the agreed geographical area.
THE CUSTOMER is solely responsible for any delivery failure due to an error or lack of information when ordering.
Cases of force majeure or any other situation beyond the control of LA ROCHÈRE are liable to delay or suspend the execution of an order.
Orders are delivered by La Poste via COLISSIMO, depending on the delivery method chosen by THE CUSTOMER, which is a delivery services with tracking and delivery against signature. An e-mail will be sent to THE CUSTOMER informing them that the items have been shipped, as well as the link to track delivery.
THE CUSTOMER must check the condition of the packaging of the goods and its contents when taking physical possession of the goods. In the event of damage during transport, any complaints must be made to La Rochère within three days, excluding public holidays, from the date of delivery, to firstname.lastname@example.org.
If the package is clearly damaged, THE CUSTOMER may refuse the delivery.
The maximum delivery time is 30 days from the date of the order, unless otherwise specified to THE CUSTOMER before the order is placed. After this period, the sales contract may be cancelled and THE CUSTOMER will be reimbursed.
Delivery times are given for information only and run from confirmation of the order by LA ROCHÈRE.
Delivery times depend on the delivery method chosen by THE CUSTOMER. For a COLISSIMO delivery at home or at a pick-up point, delivery times are between 5 and 7 working days for France, and between 5 and 15 working days for export. These delivery times do not include order preparation or Saturdays, Sundays and public holidays.
The above do not take into account postal delivery problems, product availability and factory closure periods.
THE CUSTOMER has the right to cancel the order if delivery has not taken place within 14 working days of the delivery date specified by LA ROCHÈRE.
The CUSTOMER shall be refunded within 30 days of payment.
Article 8 - WITHDRAWAL, RETURNS, EXCHANGES & REFUNDS
Under Article 221-18 of the French Consumer Code, THE CUSTOMER has a period of fourteen days from the date of delivery of the order to exercise their right of withdrawal and return the product to LA ROCHÈRE for exchange or refund without penalty, and without having to justify their reasons.
Except in the case of a defect or fault affecting the product, the cost of returning the product shall be borne by THE CUSTOMER.
To exercise their right of withdrawal, THE CUSTOMER can fill in the standard withdrawal form available here, which must be placed in the package.
Prior to any return, in order to simplify and facilitate the processing of applications, it is strongly recommended that THE CUSTOMER contact LA ROCHÈRE by e-mail at the following address: email@example.com, oy by post to LA ROCHÈRE – 4 Rue de la Verrerie – 70210 PASSAVANT-LA-ROCHÈRE – FRANCE.
Otherwise, it is vital for LA ROCHÈRE to be able to identify the order and THE CUSTOMER who is returning the product in order to proceed with the refund in optimal conditions. THE CUSTOMER is requested to attach documents to the returned product that enable it to be identified, as well as the references of the order (copy of the delivery note, invoice, order, etc.) and the nature of the request (refund or exchange with the new product references).
Products must be returned in their original packaging protected by an over-wrap, in perfect condition for resale, accompanied by the original labelling.
Incomplete, damaged or soiled products will not be accepted for return or exchange. Products which appear to have been used for a prolonged period of time, making their resale impossible, shall be refused.
Returned items shall be refunded, excluding delivery costs, according to the means of payment used by THE CUSTOMER when ordering online, within 14 days of receipt of the goods, in accordance with Article L.221-24 of the French Consumer Code.
Article 9 - WARRANTY AND CONFORMITY
All products sold on the site are covered by the hidden defects warranty provided for in Articles 1641 et seq. of the French Civil Code, valid for 24 months after discovery of the defect, and by the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code, valid for 24 months after product delivery.
All claims, requests for exchange or refunds must be made by post to the following address: LA ROCHÈRE – 4 Rue de la Verrerie – 70210 PASSAVANT-LA-ROCHÈRE - FRANCE, or by e-mail to: firstname.lastname@example.org, within 14 days of delivery.
In the event of the existence of a defect acknowledged by LA ROCHÈRE, the product may be returned to LA ROCHÈRE after having first obtained a return number. LA ROCHÈRE will take it back, exchange it or refund it, and will pay the shipping costs.
In the event that THE CUSTOMER returns products without first obtaining a return notice signed by LA ROCHÈRE, the latter reserves the right to refuse the products. Receipt of products by LA ROCHÈRE shall not constitute acknowledgement of its responsibility.
Article 10 – ORDERS AND AVAILABILITY
LA ROCHÈRE stores order forms and invoices by means of a secure and permanent system that contains an accurate copy of the original according to Article 1348 of the French Civil Code.
The computerised registers of LA ROCHÈRE are considered by parties as proof of communications, orders, payments and transactions between the parties.
Article 11 – LIABILITY
In the process of on-line sales, LA ROCHÈRE is only bound by an obligation of means; its liability cannot be engaged for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, interruption of service, or others involuntary problems.
LA ROCHERE cannot be held liable for non-performance of the contract or for its poor performance when this is attributable either to the consumer or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Article 12 - INTELLECTUAL PROPERTY
All elements of the LA ROCHÈRE website (texts, comments, illustrations and images, etc.) are and remain the exclusive intellectual property of LA ROCHÈRE. No one is authorised to reproduce, exploit, redistribute or use in any way whatsoever, even partially, the elements of the site, whether they be software, visual or sound. Any simple or deep hypertext link to the site is strictly forbidden without the express written consent of LA ROCHÈRE.
If hypertext links lead to other sites, LA ROCHÈRE declines all liability if the content of these sites contravenes legal and regulatory provisions in force. The name "LA ROCHÈRE" is a registered trademark. The products on sale and presented on the site are protected models.
Any copying shall result in prosecution.
Article 13 – PROTECTION OF PERSONAL DATA
LA ROCHÈRE undertakes not to divulge any communicated personal data to third parties.
This data shall only be used by its internal services for the processing of orders and to reinforce and personalise the communication and product offer reserved for the customers of LA ROCHÈRE.
Subject to the consent of THE CUSTOMER when creating the account, this data may however be transmitted to commercial partners of LA ROCHÈRE.
Internet users are reminded that they may, at any time, register on the French "Do not call" list on the www.bloctel.gouv.fr website www.bloctel.gouv.fr.
The automated processing of information, including the management of email addresses of site users, was declared to the CNIL on 02/10/2012, and registered under number 1619950.
In accordance with the French Data Protection Act of 6 January 1978, Internet users have the right to access, rectify and oppose any personal data concerning them. This right can be exercised online (email@example.com) or by post to: LA ROCHÈRE SAS – 4 Rue de la Verrerie – 70210 PASSAVANT-LA-ROCHÈRE- FRANCE.
Article 14 - COOKIES
The LA ROCHÈRE website is also designed to be particularly attentive to the needs of LA ROCHÈRE customers. This is one of the reasons why cookies are used.
The purpose of cookies is to record the visit to the LA ROCHÈRE website. Cookies are therefore only used by LA ROCHÈRE in order to improve the personal service to you. Internet users can set their browser software to inform them when a cookie is sent, allowing them to accept it or not.
Article 15 – SETTLEMENT OF DISPUTES
These terms of on-line sale are governed by French law.
The parties shall attempt to reach an amicable settlement of any dispute concerning the validity, interpretation, performance or termination of this agreement.
Under Article L 152-1 of the French Consumer Code, these disputes may also be submitted to consumer mediation.
THE CUSTOMER remains free to accept or refuse the use of consumer mediation.
THE CUSTOMER may therefore have free access to the Medicy mediation service of which LA ROCHÈRE is a member, via the website https://conso.medicys.fr/ or by post to Medicys – 73, boulevard de Clichy – 75009 PARIS, France.
THE CUSTOMER can access the list of consumer mediators on: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
Any dispute between LA ROCHÈRE and THE CUSTOMER that cannot be resolved shall be submitted to the competent courts under the conditions of common law.
APPENDIX: WITHDRAWAL FORM
Any items returned incomplete, damaged or soiled shall not be accepted. Please wrap your returned items as securely as possible so they are protected during transport.
Fill in this return form and enclose it with your product.
All products can be returned, except those excluded by law, such as products that have been personalised at the request of the customer.
Please complete and return this form only if you wish to withdraw and return one or more products within 14 days of receiving your order.
For the attention of:
LA ROCHÈRE SAS
Contact Client web
4, rue de la verrerie - 70210 PASSAVANT-LA-ROCHÈRE
Tel. : (33) 03 84 78 61 00
E-mail : firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract concerning the sale of the item specified below:
Date of order: (*) / received on: (*)