Preambule
Article 1 : Entirety
Article 2 : Subject
Article 3 : Contractual documents
Article 4 : Electronic signature
Article 5 : Start and duration
Article 6 : Confirmation of the order
Article 7 : Proof of the transaction
Article 8 : Information about the products
Article 9 : The prices
Article 10 : Method of payment
Article 11 : Product availability
Article 12 : Delivery mode
Article 13 : Freight charges
Article 14 : Delivery problems due to carrier
Article 15 : Non compliance of delivery
Article 16 : Product Warranty
Article 17 : Return of the delivered products
Article 18 : Rights of use
Article 19 : Major Force
Article 20 : Non partial validation
Article 21 : No waiver
Article 22 : Complaints Procedure
Article 23 : Applicable Law
Article 24 : Computer and Freedom
Article 25 : Security

 

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Preambule


The website www.larosenoire.fr has been put in place by LA ROSE NOIRE Company which is the operator of it. Any valid order for an exposed item in the website www.larosenoire.fr supposes prior consultation of the bellow mentioned general terms and conditions.

Accordingly, the consumer recognizes by fully informed of the fact that this agreement regarding the content of these general terms and conditions does not require the handwritten signature of this document, to the extent that the customer wants order online products presented in the website.

Validation of the order :
In clicking the ‘’OK’’ button during the process of purchase, the consumer declares accept fully and unreservedly the order and the entirety of these general terms and conditions of sale. The data recorded by www.larosenoire.fr constitute proof of all past transactions by www.larosenoire.fr and the consumer.

www.larosenoire.fr will confirm systematically the valid order to the consumer.

The consumer has the ability to safeguard or print these general terms and conditions of sale, noting that both of them are done under his own responsibility. Prior to his order, the consumer declares that the acquisition of the items does not concern directly his professional activity, their acquisition being reserved for a personal use. As a consumer, the customer has specific rights, which would be not valid in the case the acquired items are in direct relation with his professional activity. The shop online in the website created by LA ROSE NOIRE, lists the following information :
1. Presentation of the essential features of the proposed items
2. Indication of the price (currency : European Euro) for each item and indication of the additional shipping fees regarding the country of destination.
3. Information about the payment and the delivery modalities.
4. The time of validity of the offer or of the price.
5. The consumer declares to have the full legal capacity allowing him to commit under these general terms and conditions of sale.

 

 


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Article 1 : Entirety


The present general terms and conditions of sales express the full obligation of each of the parts (consumer and company). In this sense, the consumer is deemed accept without reservation the entirety of provisions in these general terms and conditions of sale. No condition general of specific contained in documents sent of given by the consumer will integrate into th present, when those documents would be inconsistent with these general terms and conditions of sale.

 

 


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Article 2 : Subject


The present general terms and conditions of sales are intended to define the rights and obligations of each of both contractual parts in the case of the online sales of goods and services offered by the website www.larosenoire.frto consumers.

 

 


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Article 3 : Contractual documents


The contract is formed by the following contract documents, presented by decreasing pecking order : these general terms and conditions of sale ;the order. In case of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank will prevail.

 

 


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Article 4 : Electronic signature


The consumer declares accept fully and unreservedly the order and the entirety of these terms and conditions of sale by clicking the ‘’OK’’ button during the process of order. This action constitutes an electronic signature that has, between the two parts, the same value as a handwritten signature.

 

 


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Article 5 : Start and duration


The present general terms and conditions of sale begin on the date of signature of order. The present general terms and conditions of sale are conclude for the period necessary for the provision of goods and services subscribed, to the extinction of guarantees due by LA ROSE NOIRE.

 

 


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Article 6 : Confirmation of the order


The information will be subject to confirmation by e-mail at later at the time of delivery, to the address given by the consumer in the purchase order.

 

 


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Article 7 : Proof of the transaction


The computerized data, stored in computer systems of LA ROSE NOIREunder reasonable conditions of security, will be considered of communications, orders and payments made between the parts. The archiving purchase order and bills is carried out on a reliable and sustainable support can be produced as evidence.

 

 


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Article 8 : Information about the products


8-a : The website www.larosenoire.fr presents the products to sell with the necessary characteristics which make it possible to respect the French article L 111-1 of the French code of consumption, which provides for the consumer potential of known before making final order, the essential characteristics of products that he wants to purchase
8-b : The offers on the website www.larosenoire.frare valid only until the limits of stock.

 

 


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Article 9 : The prices


The prices are in the European Euro currency and are valid on the date of the purchase order. They do not reflect delivery fee, charged in supplement, and indicated before he validation of the order. The prices take account of the French V.A.T. applicable at the day of the order and any change in the applicable V.A.T. rate will be automatically passed on the prices of every products on the website.

For all the other abroad countries which are not member of European Union, the price will be calculated automatically without any V.A.T. rate. At the end of the calculation of the purchase order, indicating the destination country, the total price will pass automatically on DUTY FREE PRICE.

 

 


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Article 10 : Method of payment


In order to settle his order, the international consumer can pay only via Visa Card. LA ROSE NOIRE has the right to reject any other method of payment proposed by the international consumer. The consumer guarantees LA ROSE NOIRE he has the required permission to use the method of payment, while validating the order.
LA ROSE NOIRE reserves the right to suspend any order and any delivery in case of refusal of payment by Visa card certified by the financial institution or in case of nonpayment.
LA ROSE NOIRE specifically reserves the right to refuse delivery or to deliver a new valid order from a customer who has not fully settled or in part a previous order or with whom a payment dispute is currently being in progress administration.
LA ROSE NOIREhas established a procedure for control checks to insure no one is using the bank details of another person without his knowledge.

 

 


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Article 11 : Product availability


The order will be execute in maximum 10 days of waiting from the day after the consumer placed his order. In case of unavailability of the ordered product, especially because of LA ROSE NOIRE’ suppliers, the consumer will be informed immediately and will be able to cancel the order. In that case, LA ROSE NOIRE will immediately proceed to the reimbursement of the placed order..

IMPORTANT : The products displayed in promotion are not reimbursed but only exchanged against another size or another model.

 

 


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Article 12 : Delivery mode


The dispatch department of LA ROSE NOIRE prepares and sends packages of orders on French colissimo or Express chronopost shipments only on Tuesdays, Wednesday and Thursday to avoid the possibility of staging the package in transit in a warehouse of the French Post during the week-end.
In the case the consumer wants the shipment of his order starts on Fridays or Saturdays, he must inform LA ROSE NOIRE via e-mail stating clearly that he releases LA ROSE NOIRE from any responsibility in case of loss, theft or damage of the package during the shipment sent on those 2 days.
In case of dispatch by Express Chronopost shipment, the day of dispatch of the order will be 24 hours after validation of the order.
The products are delivered to the address specified by the customer on the purchase order. The consumer is responsible for checking the condition of the packaging of the received products upon delivery and report damage to the carrier on the delivery order, and to LA ROSE NOIRE within 2 (two) working days.
Consumers can obtain and print the invoice for his purchase by going on his account.

To minimize transportation costs, all products of little and medium weight are shipped by postal service.

On the website www.larosenoire.fr, the consumer can follow the evolution of the order with the "detail of your order" after entering his ID number and password in order to connect in his customer account.

 

 


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 Article 13 : Freight charges


The delivery dates and times have been provided by our carriers. They are calculated on the basis of working days - Monday to Friday - (except holidays).
Delivery is usually made within 4 to 6 working days in Europe and 7 to 10 days for the other abroad countries.

In the instructions below, the time of each carrier for each country are purely indicative and may be subject to change.


Colissimo metropolitan France (delivery against signature): 5,95 € - deadline : 48 hours
Colissimo France Dom Tom (delivery against signature): 26,90 € - deadline : 5 days
Colissimo Europe (delivery against signature): 22,90 € - deadline : 3 days
Colissimo International (delivery against signature): 29.90 € - deadline : 4 days
Express Post France (delivery against signature): 39.00 € - deadline : 24 hours

Express Post France Dom Tom (delivery against signature): 67.00 € - deadline : 48 hours
Express Post Europe (delivery against signature): 59.00 € (24 hours to 3 days, depending of the final delivery address)

Express Post International (delivery against signature): 89.00 € (24 hours to 3 days, depending of the final delivery address)

Any dispatch abroad France is in incoterm (INternational COmmercial TERMS) : C.I.P. (Carriage, Insurance Paid).
The shipper (LA ROSE NOIRE) is charged of the Export customs clearance, of the global freight and its insurance .
The consignee (customer) will be charged for any local import fees or Import customs clearance.

 

 


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Article 14 : Delivery problems due to carrier


Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged packages, damaged items ...) must imperatively be mentioned on the delivery form on delivery, accompanied by the signature of the customer.
The consumer must confirm this problem by sending to the carrier within 2 (two) working days following the date of delivery by mail with return receipt stating such claims. Consumers should promptly forward a copy of this letter by fax or by mail to:

LA ROSE NOIRE
Customer Service
17 Avenue du Marechal Joffre
60500 CHANTILLY

In case of late delivery from the date that www.larosenoire.fr have indicated, the consumers is asked to report the delay in contacting the Customer department of LA ROSE NOIRE by e-mail. Then, LA ROSE NOIRE will contact the French Post to start an investigation. The investigation done by the FrencH Post may take to 21 days long from the date of beginning of the investigation. If during this period, the product is found, it will be re routed immediately to the consumer's home (the majority of cases). But if the product is not found at the end of the period of 21 days of investigation, the French Post Office considers the package as lost. Upon confirmation from the French Post Office, LA ROSE NOIRE will proceed to the replacement of the ordered product. If the ordered products were not available at this time, the consumer will then have the option of requesting either a credit of amount paid, or exchange the product or reimbursement of the order.

LA ROSE NOIRE can not be held responsible for the longer delivery times due to the carrier, including, for example in case of loss of products or strike.
In case of extension of the usual time of delivery due to the carrier (via French Post of Express Post), the consumer can not ask reimbursement or can not claim damages in any way to LA ROSE NOIRE for the concerned order.

In case of automatically return of the parcel to LA ROSE NOIRE due to non compliance of the delivery address (incomplete delivery address for example), after verification, if it appears that the return is due to improper handling of logistics by LA ROSE NOIRE, the parcel will be automatically sent a 2d time to the customer at LA ROSE NOIRE expenses.
However, in the case of a return of the parcel due to a bad indication of the delivery address by the consumer (incomplete address, misspelled and lack of readability of the mailbox of the recipient) LA ROSE NOIREhas the right to ask to the customer a financial contribution in the amount of expenses incurred during the 2d dispatch of the parcel.

 

 


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Article 15 : Non compliance of delivery


15-a: Consumers will have to make to LA ROSE NOIRE, on the day of delivery any claim of non-compliance of products in nature or quality compared to the entries on the order form. Any claims submitted after this deadline will be rejected.

15-bThe formulation of this claim to LA ROSE NOIRE will be made, using the “contact” page on www.larosenoire.fr The consumer will indicate his order number and, if needed, leave his telephone number in order to let the customer department of LA ROSE NOIRE contact him as soon as possible from tuesday to Saturday from 9:30 to 12:30.
15-c: Any claim not made in the above mentioned rules and after the time limits could not be taken into account and will release LA ROSE NOIRE from any responsibility to the consumer.

15-d :In case of return of the received order, LA ROSE NOIRE will exchange the consumer order or proceed to a Credit note for the exact amount of the returned products (without the freight charges).

IMPORTANT :
For abroad international consumer, in case of return of parcel, the consumer will send the parcel on Delivery Duty Paid (DDP) incoterm to LA ROSE NOIRE. Due to the French customs fees, the consumer is asked to send back the parcel in “NO COMMERCIAL VALUE”. LA ROSE NOIREwill not accept any parcel sent back with Import customs fees.

 

 


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Article 16 : Product Warranty


Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which requires the seller to guarantee against all the consequences of latent defects in the thing sold . The consumer is expressly informed that THE BLACK ROSE is not the producer of the products shown in the website, within the meaning of Law No 98-389 of 19 May 1998 and on the liability for defective products. Accordingly, in case of damage to person or property by a defect in the product, only the liability of the producer of the latter may be sought by the consumer, based on information on the packaging of the product.

 

 


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Article 17 : Return of the delivered products


LA ROSE NOIRE accepts returns of parcels only from European countries.

IMPORTANT : All Return shipping costs are at the expenses and the responsibility of the consumer.

In case the consumer is not satisfied by the received order, LA ROSE NOIRE will exchange the consumer order or proceed to a Credit note for the exact amount of the returned products (without the freight charges). Unfortunately LA ROSE NOIRE cannot accept goods which have been worn, used or washed. The consumer must return his order within 7 working days from the day the goods are received and the goods and packaging must be undamaged. This does not affect the consumer statutory rights. If the consumer wishes to return goods to LA ROSE NOIRE, He has to fill in the “returns form” provided. Please print this page and include the print out in the returned package. This will enable LA ROSE NOIRE to identify whom the goods are from.
Please send back your parcel to :


LA ROSE NOIRE
17 avenue du Marechal Joffre
60500 CHANTILLY
France


As soon as LA ROSE NOIRE receive the goods LA ROSE NOIRE will action the request of the consumer. If the returned items are to be exchanged, the replacement items (in the limit of the total amount of the returned products) if held in stock will be despatched within 1 working day to the consumer (the 2d freight charges will be at LA ROSE NOIRE expenses). If the items are not in stock LA ROSE NOIRE will notify the consumer of the new despatch date. The consumer will not be charged postage on the replacement items.

Important :
LA ROSE NOIRE does not accept return for items sold with discount or in sale.
As each item with discount page is stating "not exchangeable or not refundable", the customer declares to know the situation while he is placing his order.

 

 


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Article 18 : Rights of use


The right to use the software LA ROSE NOIRE], as well as those distributed by it shall be given to consumers in a non-exclusive, personal and not transferable in accordance with the Code of Intellectual Property. However, under Article L122-6-1 of this Code, the consumer has a right to reproduce exclusively for the establishment of a backup, when it is necessary to preserve the use of software. In any event, the software author retains ownership of his work, the consumer agrees to comply.

 

 


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Article 19 : Major Force


Neither party has breached its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure all compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and can be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware.
Both parties will then, within one month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these terms may be terminated by the aggrieved party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence and the French courts: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning cessation of telecommunication networks or difficulties specific to telecommunication networks to external customers.

 

 


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Article 20 : Non partial validation


If one or more provisions of these terms are held to be invalid or declared under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

 

 


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Article 21 : No waiver


The fact of either party not to claim a breach by the other party to any obligations contained in these Terms shall not be interpreted in future as a waiver of the requirement involved.

 

 


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Article 22 : Complaints Procedure


LA ROSE NOIREwelcomes any comments about our service, we depend on you to tell us how we can improve what we are doing. Our aim is to deal with any problems and difficulties quickly and fairly. If you have any reason to complain about our service, please e-mail us. We will respond within 1 working day either resolving the complaint or with a timescale for resolution.

 

 


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Article 23 : Applicable Law


These general conditions are subject to French law. This is for the rules of funds as for the rules of form. In case of dispute or claim, the consumer will apply primarily to the company LA ROSE NOIREto get an amicable solution. In a second time and in case of appeal, the consumer may file a complaint with the Tribunal de Commerce de Senlis, in France.

 

 


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Article 24 : Computer and Freedom


The information requested from the consumer is required to process the order and will be communicated to the contractual partners of LA ROSE NOIRE involved in the execution of this command. Consumers can write to LA ROSE NOIRE whose details are in the privacy policy contained within the website, to oppose such disclosure or to exercise rights of access, rectification in respect of information concerning him contained in the files of LA ROSE NOIRE, as provided by the Act of 6 January 1978.

The automated processing of personal information on the site LA ROSE NOIREhas been registered with the National Commission for Data Protection, under No. 1208693.

 

 


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Article 25 : Security


Your order details are sent using secure server software. This means that the information sent is coded so that it is extremely unlikely that someone is able to obtain this information. Only LA ROSE NOIREstaff can decode the information to obtain your details.

 

 


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