GENERAL TERMS OF SALE
Article 1 - Price
The selling price of listed products is stated in euros and includes all taxes. The prices are those in force on the date the Customer sends confirmation of his order. Prices may be changed by Rose and Blue SARL at any time. However, prices cannot be modified once the Customer has placed the order. Prices do not include the delivery cost, which is payable by and charged to the Customer on top of the price of products purchased, according to the amount of the order. Delivery charges are indicated before the Customer's final confirmation of the order. The prices do not reflect any promotional offers and personal discounts, which are also indicated before final confirmation of the order.
Article 2 - Order
- Contractual capacity
The Rose and Blue SARL customer hereby declares he/she has full legal capacity to commit to these general terms of sale. Rose and Blue SARL reserves the right to cancel and refuse any order from a Customer with whom a dispute is ongoing or arises while the order is being processed, in particular any dispute in connection with the payment of a previous order.
- Acceptance of the Terms by the Customer
When the customer ticks the box "I have read and accepted the General Terms of Sale" before paying, this stands as irrevocable and incontestable acceptance, which can only be challenged in cases specifically provided for in the paragraph entitled "right of withdrawal". In so doing, the Customer acknowledges having read, understood and accepted these terms and conditions. A purchase made by telephone also implies acceptance of these Terms, which the Customer acknowledges having read, understood and accepted in the aforementioned conditions.
The customer can place an online order on www.oscaretvalentine.com. Ordering is a seven-step process: Firstly, the Customer must select the product(s) he or she wants to buy. The Customer must then confirm his or her shopping basket. The Customer must check the color and size options of the selected products and state the required quantities. The order can only be registered on the site if the Customer is clearly identified, either by an e-mail address and personal password or by providing all the particular details required for online registration. Once identified, the Customer must clearly specify their delivery information, in particular the precise delivery address as well as any restrictions to accessibility (building, floor, door code, etc.). The penultimate step: the Customer must state his or her chosen method of delivery. Finally, the Customer must state his or her chosen method of payment and make payment in the secure interface, which will be deemed firm and final acceptance of the contract of sale with Rose and Blue SARL.
- Order Confirmation
An e-mail message is automatically sent to the Customer to confirm the order, provided there are no errors in the e-mail address stated on the registration form.
Article 3 - Delivery
- Delivery areas
Rose and Blue SARL delivers within the following countries of the European Union: France, Germany, Luxembourg, the Netherlands, Belgium, Spain (excluding the Balearic Islands), Italy, United Kingdom, Austria, Hungary, Portugal, Bulgaria, Estonia, Finland, Greece, Latvia , Lithuania, Czech Republic, Slovakia, Slovenia and Sweden (except particular areas imposing duty-free sales such as DOM/TOM). We also deliver in the United States, in Australia, Canada, Russia. For further questions regarding delivery, please call Oscar et Valentine Customer Service on +33 1 42 36 11 00 (price of a standard charge call) from Monday to Friday (excluding public holidays) from 9 a.m. to 6 p.m.
- Terms of Delivery
Products are delivered to the address stated by the Customer on the order form. Customers are required to verify the completeness and conformity of the information they provide to Rose and Blue SARL as Rose and Blue SARL cannot be held responsible for any typing errors and the consequences thereof in terms of delay or error in delivery. In this respect, all costs incurred to re-dispatch the order will be fully charged to the customer.
Rose and Blue SARL cannot be held liable for non-fulfilment of the contract if this is attributable to an unforeseeable and insurmountable factor of a third party to the contract or to a case of force majeure.
Furthermore, Rose and Blue SARL informs its customers that these delivery times do not include Sundays or public holidays. In the case of an order which includes one or more items that are unavailable as well as one or more items that are available, Rose and Blue SARL will only ship the items in the order which are available and will cancel and therefore reimburse the items which are unavailable. The office will therefore contact the Customer as soon as possible.
For the US, please keep in mind that any order above 800 € is subjected to custom taxes that may vary according to the price of your order.
The products are packaged in a manner that meets current standards of transport and that ensures optimal protection of the goods in transit. The Customer is asked to comply with these same standards when returning items. Any observed damage to a returned product due to a packaging problem may be grounds for a partial refund or non-refund for the item if it cannot be resold as is or if the said technical problem is aggravated.
- Gift wrapping
For that special occasion such as a birth or a birthday, we suggest that you send your order to your chosen recipient in a beautiful handwrapped gift box matching the Oscar et Valentine colours and which is accompanied by a message. The items are carefully wrapped in silk paper. The personal message will be handwritted on an Oscar et Valentine gift card. When placing your order, tick the box "I would like my items gift wrapped" on the shopping cart page.
- The customer's responsibility for checking parcels on receipt
Rose and Blue SARL reminds you that it is the Customer's responsibility to inspect parcels on receipt in the presence of the delivery man and to note down any problems on the carrier's delivery note (damage, damage to the package, any missing items listed on the delivery note, broken items, date of delivery beyond normal delivery time, etc.), and to also notify Rose and Blue SARL within 3 working days. If no such observations are noted on the delivery note presented to the Customer by the carrier, the product is deemed to have been accepted by the Customer and cannot be subject of any dispute concerning its delivery.
- Delivery delays linked to the carrier
In the event of a delivery delay regarding the lead times indicated by the carriers, Rose and Blue SARL suggests that the Customer checks with the carrier in the first instance that the parcel is not pending; then if necessary, he or she is to contact Customer Services on +33 1 42 36 11 00 from Monday to Friday, except on bank holidays, from 9am to 6pm,prior to raising a claim or investigation to track the parcel. The Customer is required to declare the loss within 60 working days from the date indicated for the delivery of the order. The company, Rose and Blue SARL, will then make the necessary claims with the carrier involved. If the parcel is located, it must be immediately redirected to the Customer's address. If, during a deadline of seven working days and except cases of force majeure, the parcel is not tracked down, the Customer may request that the same item is resent at the expense of Rose and Blue SARL or be reimbursed for the amount paid. If the item(s) ordered were no longer available at that time, Rose and Blue SARL will reimburse the Customer the value of the items that were attributed to the loss by the carrier.
Article 4 - Payment
- Payment methods
Full payment is required when the Customer places the order. At no time will any sums paid be considered deposits or down payments.
Customers can pay for their orders by PayPal and bank card: Carte Bleue (Debit card), Visa, Eurocard and MasterCard or PayPal. Customers must enter the card number on the front of the card, the card's expiry date and the security code on the back of the card (3 digits). When confirming their orders, Customers guarantee Rose and Blue SARL that they have the necessary permission to use their chosen means of payment.
Rose and Blue SARL reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer, in the event of an ongoing payment dispute, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the www.oscaretvalentine.com site.
Rose and Blue SARL reserves the right to ask the Customer for supporting documents prior to confirming an order. As part of its order checking procedure, Rose and Blue SARL may ask the Customer to send a set of supporting documents by e-mail, post or fax. In such cases the order will only be confirmed after receipt and verification of said documents. If they are not received within 15 days of the order, the latter will be deemed cancelled by rights.
Customers can make their purchases with complete peace of mind; Rose and Blue SARL undertakes to make every effort to ensure the security and confidentiality of all data transmitted online, including banking information, via its payment partners. The site uses SSL (Secure Socket Layer), a secure payment method that encrypts bank details when transmitted over the network. Customers can see that the transmission is encrypted by software when the padlock symbol appears in their browser. The transaction is handled by HSBC or PayPal, the only parties with the banking particulars on the site at the time of payment.
- Transfer of Ownership
Rose and Blue SARL retains full ownership of the products it sells until it receives full payment of the price, including mandatory costs, taxes and contributions.
Article 5 - Right of withdrawal, return and refunds
In the context of home shopping (in the absence of simultaneous physical presence of the parties) and in accordance with Article L-121-20 of the French Consumer Code, the Customer has a period of fourteen clear days to exercise his withdrawal right without having to pay penalties, unless there were return charges which remain at the Customer's expense for deliveries outside metropolitan France. This period is measured from the day the Customer receives the items. All returns requests, as well as any return parcel received after this deadline, will not be taken into consideration.
- • Rose and Blue recommends that the Customer returns his or her items in a parcel by registered delivery or with insurance for the commercial value of the items, guaranteeing the compensation for the items matching their real commercial value in the event of damage or loss of goods. In all cases, the return is made at the Customer's risk. Furthermore, the Customer is advised to retain the proof of return. Furthermore, Rose and Blue SARL reminds the Customer that no exchange or reimbursement can be made prior to receiving and checking the condition of the item(s) concerned with this request (see the conditions outlined below).
- Condition of Products
Returned products must be returned in their original condition and in their entirety (product label, accessories, pouch, etc.). The products must be intact, in perfect condition for resale and in a state of perfect cleanliness; they must not have been worn or used or suffered any deterioration. No damaged or incomplete products will be refunded.
- Refunds for returns
If the Customer chooses to exercise the right of withdrawal and following his choice made at the time of requesting a return, the Customer will receive a refund for the amount paid on his credit card or will receive a credit for his next purchase. The reimbursement of the amount paid is refunded to the credit card that was initially used to pay for the order.
The return shipping costs must be paid by Rose and Blue SARL.
The Customer must attach their return shipping cost payment receipt to their package, or send it by email to the address email@example.com The company Rose and Blue SARL will refund the Customer no later than 14 days counting from the date on which the Customer notifies their decision to cancel the order. However, the company Rose and Blue SARL may postpone payment of the refund until such a time as the returned product has been received back or the Customer has provided proof that the product has been dispatched. The date of the first of these to occur will apply.
If the Customer chooses to keep the amount in the form of a voucher to use on www.oscaretvalentine.com to redeem against a future order, the credit will be generated automatically and will be valid for 1 month starting from the date of issue. It will be available when validating the next order and only on the www.oscaretvalentine.com website.
Once an order is placed using a discount voucher, the value of the discount voucher will be deducted from the amount of the credit or the reimbursement proportionally to the amount of the items ordered.
Article 6 - Liability
The products on offer comply with current French legislation and meet applicable standards in France. Rose and Blue SARL’s liability cannot be incurred in the event of non-compliance with the laws of the country where the products are delivered. It is the customer's responsibility to check with the local authorities of the possibilities of importation or use of the products or services that you plan to order.
The liability of Rose and Blue SARL cannot be incurred for any inconvenience or damage caused by use of the Internet, including an interruption of service, the presence of computer viruses, or external intrusions and more generally any cases qualified by the courts as force majeure or acts of third parties.
Hyperlinks may link to sites other than the www.oscaretvalentine.com site. Rose and Blue SARL assumes no liability if the content of such sites contravenes current statutory provisions and regulations.
Rose and Blue SARL will not be liable for any indirect damage arising from the purchase of the products. Similarly, Rose and Blue SARL liability under these General Terms of Sale shall not be incurred in case of an event of force majeure as defined by the French courts.
Article 7 - Force Majeure
Neither party will be deemed in breach of its contractual obligations if due performance thereof is delayed, hindered or prevented by an accidental occurrence or case of force majeure.
By force majeure is meant any external, unpredictable, unavoidable or unforeseen contingencies or circumstances beyond the control of the parties and that they cannot prevent, despite all their reasonable efforts.
The party affected by such circumstances shall notify the other party within ten business days of learning about the said circumstances.
The two parties shall then meet within one month (unless the case of force majeure prevents them from so doing) to examine the impact of the event and agree on the conditions under which the contract can continue.
Article 8 - Personal Data
In accordance with the law known as Informatique et Libertés no. 78-17 of 6 January 1978, as subsequently amended, customers of, visitors to and recipients of orders placed on the www.oscaretvalentine.com site have the permanent right to access, modify, rectify and delete any of their personal data processed by the Rose and Blue SARL, as well as the right to object to such data being used for direct marketing purposes. By default, these rights may be exercised by contacting Customer Services.
Any personal data which Rose and Blue SARL collects with any Customer order is needed for it and for its service providers to handle the order and, subject to the rights exercised by the person concerned, may be used to inform the latter of the products or services provided by the said company and/or by its trading partners.
When the Customer registers or places an order, or as part of other special campaigns, Rose and Blue SARL gives the customer or visitor the option of being informed of www.oscaretvalentine.com offers by e-mail (newsletters, e-mails on special events and promotional offers).
If customers or visitors do not wish to receive such messages, they can notify Customer Services, or can use the unsubscribe link at the bottom of each e-mail sent. Through Rose and Blue SARL, customers or visitors who have expressly given their prior consent may receive e-mails announcing offers of products or services provided by Rose and Blue SARL’s trading partners. Customers or visitors can also change this option at any time. Rose and Blue SARL uses data collection systems such as cookies. A cookie is a computer file stored on the user's hard disk. Cookies are used to indicate a previous visit of the Customer or Visitor to the site and to link the User to personal data left on site, in particular to help identify the person's shopping basket.
For further information, please call Oscar et Valentine Customer Services on 0033 1 42 85 79 29 (price of a standard charge call) Monday to Friday (excluding public holidays) from 9am to 6pm.
Article 9 - Intellectual Property
All data of any nature whatsoever on the www.oscaretvalentine.com site, in particular the texts, graphics, logos, icons, images, illustrations, audio or video clips, trademarks and software including the underlying technologies used, is necessarily protected by copyright law, trademarks law and all other intellectual property rights.
In this respect and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to different or even more restrictive provisions of the intellectual property code.
The User accordingly undertakes not to reproduce, summarize, modify, alter or rebroadcast, without Rose and Blue SARL’s express and prior consent, any text, title, application, software, logo, trademark, information or illustration, for any purpose other than strictly private use, which excludes any representation for professional purposes or bulk distribution. Similarly, the User undertakes to not copy any part of the site on another site or an internal corporate network.
Any other use constitutes an infringement sanctioned by the Code of Intellectual Property, barring Rose and Blue SARL’s prior consent. Any total or partial reproduction of Rose and Blue SARL’s catalogue is strictly prohibited.
Any hypertext link from an Internet site to the www.oscaretvalentine.com site is subject to Rose and Blue SARL’s express consent. Any such link must be removed at Rose and Blue SARL’s request.
Article 10 - Full Terms
No changes in legislation, regulations or a court decision rendering any of these General Terms of Sale null and void can invalidate these General Terms of Sale. Such changes can on no account permit the customer to not comply with these General Terms of Sale.
Article 11 - Duration and Applicability
These Terms apply for as long as the online services offered by Rose and Blue SARL remain online. Rose and Blue SARL reserves the right to adjust or amend these General Terms of Sale at any time. However, if any modifications are made, the General Terms of Sale applying to the order placed by a customer on www.oscaretvalentine.com are those accepted by the Customer on the day the order is placed.
Article 12 - Governing Law and Competent Courts
Sales of Rose and Blue SARL products are governed by French law. Barring out-of-court settlement, any dispute in connection with the existence, interpretation, performance or breach of the contract between Rose and Blue SARL and the customer will be referred to the French courts.