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Terms of Sales

GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE

 

These terms of sale are concluded on the one hand by the company LYL, SAS with a capital of €1,120, whose registered office is 81 Rue de la libération –34130, Lansargues, registered with the Montpellier Trade and Companies Register under number 904 680 766, hereinafter referred to as "SAS LYL" and on the other hand, by any natural or legal person wishing to make a purchase via the website www.rosyneclub.com hereinafter referred to as "the Customer".

SAS LYL reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The applicable General Terms and Conditions of Sale are those in force on the Site on the date the order is placed by the Customer; it being specified that any order of a Product offered on the Site implies the full and entire acceptance by the Customer of the General Terms and Conditions of Sale in force at the time of placing their order.

These General Terms and Conditions of Sale are intended to define the rules applicable within the framework of the sale of products branded ROSYNE CLUB on the site, any adult or minor with parental authorization, non-trader, having the legal capacity to contract, exclusively domiciled in the countries delivered by www.rosyneclub.com making a purchase of Product on the Site.

  

1- OBJECT

These General Terms and Conditions of Sale aim to define the conditions under which the Products are marketed by SAS LYL to the Customer. They thus govern the different stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.


2- PRODUCTS

The Products offered for sale by SAS LYL are those listed on the Site on the day it is consulted by the Customer. Each Product will have a descriptive sheet which, in addition to the photograph, will contain: the price, the photograph, the available sizes and colors, the composition, as well as the particular characteristics. Minor differences between a product and its photograph may exist, depending in particular on the resolution and color definition of the user's screen.

SAS LYL undertakes to deliver, within the limits of available stock, Products that comply with the current regulations relating to the safety and health of persons in accordance with European provisions, and in particular the legislation on regulated chemical substances.

Information on product availability is provided to you at the time of placing the order. In the event of product unavailability after the order has been placed, SAS LYL undertakes to inform the customer by email as soon as the information is received, as soon as possible. The order for this product will be automatically canceled, the rest of the order remaining firm and final.

The refund will be made directly to the customer's bank account no later than thirty days from the payment of the amounts paid by the customer.

3- PRICE

Prices are indicated in Euros, all taxes included, excluding delivery charges; it being specified that the value-added tax is the one in force in metropolitan France on the day the order is validated.

The prices applied are those communicated on the Site, guaranteed within the limits of available stock, and confirmed to the Customer upon order validation.

Delivery charges are communicated to the Customer on the order summary before its validation and are expressed all taxes included. These charges are borne by the Customer and are invoiced in addition to the sale price of the Products.

The transfer of the risks of loss and deterioration of the Products will be made after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any time but commit to applying the rates indicated on the Site at the time of your order.

We inform you that in case of displaying an incorrect price, manifestly negligible (bargain price), whatever the reason (computer bug, manual error, technical error), the order - even if validated by us - will be canceled, of which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.

For deliveries abroad, the recipient may be required to pay delivery and customs fees, according to the legislation in force in their destination country.

 

4- ORDER AND PAYMENT OF PRODUCTS

 

• 4.1 ORDER PLACEMENT

The Customer formalizes their order by completing the following 5 steps

Step 1: During their first order, the customer must create a customer account by filling out a form containing the following information: title, last name, first name, full delivery address, email, and phone number. They then specify the chosen delivery method. Subsequently, the customer must identify themselves by entering their email and password. The customer is informed and agrees that entering these two identifiers (email address and password) serves as proof of their identity and expresses their consent. The customer declares to be 18 years old or, failing that, to have parental authorization allowing them to place the order on the site.

Step 2: The Customer selects the chosen Products and adds them to their cart after selecting the desired size and color.

At any time, they will have the option:

  • To obtain a summary of the selected products by clicking on the link at the top right of the screen "My cart" with the indication of the number of Products it contains
  • Continue shopping by clicking on the "Continue my shopping" link
  • Complete your selection and place the order by clicking on the "Order" link

 

Step 3: The Customer verifies the contents of their cart by clicking on "order" to access the summary of their order. The Customer can then modify their order (Product, size, quantity).

The total amount including tax of the order, distinguishing on one hand the price due for the Products, and on the other hand the delivery fees, is then indicated in the summary. Once the order is checked and, if applicable, modified, the Customer validates their cart to finalize their order by clicking again on "order".

If the Customer has a discount code, they must enter it in the designated field to benefit from it.

 

Step 4: Customer entry of delivery and billing details

Except for the date of birth, address complement, and delivery information, all fields are required to finalize the order; it being specified that unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address.

If the Customer has already placed an order on the Site, they have a customer account. In such a case, they will identify themselves only with their email address and password.

The Customer then verifies all information and clicks "validate" to continue their order.

 

Step 5: Entering bank details

The Customer will then access the secure payment screen of the SAS LYL partner as specified in article 4.3 below.

Payment is made online via different payment methods: by credit card, PAYPAL, in installments via our partner alma.

The Customer must enter their card number, expiration date, and the 3 digits of the visual cryptogram on the back of their card, noting that in case of payment by American Express card, the Customer must provide 4 digits.

If the payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.

In case of payment failure, the Customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected on the Site to a screen indicating the payment refusal. The Customer will then be invited to contact SAS LYL customer service to understand the reasons and find a solution together to finalize the Customer's order.

 

• 4.2 ORDER CONFIRMATION

Upon acceptance of the Customer's payment, the Customer will receive a confirmation email of their order, summarizing all ordered items, the billing and delivery addresses, as well as the delivery date.

The validation of the order by the Customer and the order confirmation sent to the Customer by email by SAS LYL following payment acceptance constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

The Customer who has placed an order will have the option to print their invoice by logging into the Site in the order tracking area provided for this purpose.

SAS LYL reserves the right not to validate the order in case of:

  • abnormal or abusive claims,
  • abnormal orders regarding the quantities ordered,
  • abnormal or abusive exchanges and returns,
  • existing dispute(s) with the client.

We reserve the right to refuse an order for a legitimate reason, for example in the following circumstances:

  • The ordered item is no longer in stock;
  • We were unable to obtain payment authorization;
  • An error has been identified in the product information, including regarding the price or a promotion; and/or
  • If we suspect fraudulent activity.

In all cases, we will inform you accordingly, and if payment for your order has already been made, we will refund you without delay and in any case within 30 days.

For all orders over €500, SAS LYL may request proof of identity before preparing and shipping the order.

The SAS LYL site customer service is available to the Client for any questions related to their order. Customer service is available:

  • by email info@rosyne-club.fr
  • by mail to the address indicated above.

 

• 4.3 PAYMENT

The price of the purchased Products is payable in full, in cash, on the day the order is placed by the Client. Payment is made online by the following payment methods (Carte Bleue, Visa, Mastercard, Amex, Paypal, Alma) at the time the Client validates the order.

Payment in two, three, or four installments without fees (payment method currently unavailable for Monegasque Internet users) is offered to the Internet user (if the service is available on the Site) by our partner Alma, for any order amounting to more than 150 euros. Partial payments by gift cards are not available with this payment solution.

Payment by Alma: is made online when placing the order. It is secured by Alma and also allows purchases to be made safely. For example, the payment Payment in three installments is made as follows: 1st payment at the time of purchase, 2nd payment 1 month after the purchase date, 3rd payment 2 months after the purchase date.

If the Internet user chooses the payment options in two, three, or four installments without fees, they must accept the terms of use, or the general sales conditions, as well as ALMA's privacy policy, which will then become their sole contact for any questions or requests related to this payment solution. The Internet user must take the necessary steps to obtain all information about this payment method, to assess it in light of their own repayment capacity and thus avoid the risk of over-indebtedness.

The card debit authorization request is made at the time of order validation on the Site, except in case of server unavailability. SAS LYL reserves the right to make a new debit authorization request if the first one could not be completed due to server unavailability.

In the event of non-payment, incorrect address, or any other problem with the Customer's account, SAS LYL reserves the right to block the Customer's order until the issue is resolved.

In case of fraudulent use of their bank card on the Site, the Customer is invited to contact SAS LYL via chat or by email: info@rosyne-club.fr

All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted, or used by third parties. At no time do the Customer's financial data transit through the SAS LYL IT system. Shopify verifies that the connection with the Customer's browser is secure before sending the payment form to the banking institution that processes the financial transaction.

Shopify payment being a technical service provider, it does not handle disputes related to orders, which are dealt with directly by SAS LYL as stated above or, if applicable, by the Customer's bank.

 

• 4.4 ORDER ARCHIVING

The order confirmation is recorded in the SAS LYL registers, which are themselves kept on a reliable and durable medium. The Customer agrees that the order confirmation is considered proof of the contractual relations between the Parties.

 

5- DELIVERY

Delivery time:

Any order confirmed on the site is not enforceable; any order placed from Monday to Thursday will be processed the same day; after 3 p.m., it will be processed the next day. Any order placed on Friday, Saturday, or Sunday will be processed on Monday or Tuesday (depending on the carrier); it is specified that orders placed on a public holiday will be processed the next business day.

In case of delivery delay, not justified by a force majeure event, the Customer may request the cancellation of the sale and obtain a refund of the amounts paid within a maximum of 30 days.

We strive to deliver orders within a maximum of 10 business days for delivery to Metropolitan France, and within 20 business days for delivery to any other destination, starting from the day after the order payment.

However, during periods of high activity, deliveries may take longer. Please note that Saturdays and Sundays are not counted as business days. If your order has not arrived within ten business days, please contact our Customer Service:

 

Shipping address:

Please also note that no change of delivery address can be made after your order has been placed.

SAS LYL reserves the right to refuse to deliver orders from individuals to collective addresses such as offices, care facilities, or lodging establishments. In case of delivery to a collective address, the customer acknowledges that SAS LYL's obligation for the delivery of the order ends with the actual delivery to the collective address indicated in the order form, even if the shipment is not received by the final recipient but by a third party.

For orders outside France, when the package intended for export arrives at its destination, it will be the recipient's responsibility to pay any taxes or customs duties applicable in the destination country. Local authorities can provide useful information.

 

6- ORDER RECEIPT – CLAIMS - RETURNS

We do our best to ensure that all our products meet the high-quality standards our customers expect. However, despite the special care in processing the order, some products may pass through our checks and inspections. That is why, upon receipt of their order, the customer is required to verify the conformity of the Products received in execution of their order at the time of delivery.

In case of a damaged package, we ask you not to accept a damaged package (packaging showing visible signs of opening and/or damage): it must be refused. Indeed, packages leaving the warehouses of the site www.rosyneclub.com are always impeccable and must be delivered to you in this condition. If no reservation has been made, we will not be able to take into account any possible disappearances or proceed with compensation.

Any anomaly concerning the delivery such as:

  • missing products,
  • damaged products,
  • non-compliant products with the order must be reported on the same day of receipt or at the latest within 3 days following receipt, to our Customer Service:
  • by email info@rosyneclub.fr
  • by registered mail, by writing to the following address: SAS LYL ROSYNE CLUB – 852 Avenue de Villeneuve d'Angoulême – 34070 MONTPELLIER.

Please include as many details as possible regarding the order and the issue encountered with the concerned products.

After this period, and except for hidden defects, no claim will be accepted by SAS LYL, the Products being then deemed compliant, and SAS LYL will be released from all liability.

 

SAS LYL reserves the right to request the customer to return the defective product. If the above conditions are met, SAS LYL will then proceed with the exchange, the issuance of a credit note, the refund of the defective product(s), or the reshipment of the missing product (subject to the validity of the buyer's request).

For any return of non-compliant Product, the Customer must follow the procedure below:

  • The customer must fill out the return form accessible via our partner Sendcloud “Exchanges & returns”.
  • You will receive a confirmation by email including, on the one hand, a return confirmation with the return slip that the Customer must attach to their package; no return will be accepted without the said duly completed return slip.
  • The Products must be returned in their original packaging in perfect resale condition (shoe box, plastic sleeves ...), with their label and any accessories, in impeccable condition to: SAS LYL – 852 Avenue de Villeneuve d'Angoulême – 34070 MONTPELLIER.
  • Returns of washed and/or worn clothing, as well as damaged boxes, will be refused.
  • For all returns, please keep the shipping receipts. Make sure your return is well packaged to avoid any damage to the products or boxes.

When the non-compliance has been established, SAS LYL will offer the Customer either:

  • the replacement of the Product(s) at the expense of SAS LYL, namely
  • the refund of the order price (price of the Products), no later than thirty (30) days from the day of receipt of the non-compliant Product(s) by the customer service of the LYL SAS site.

In case of refund, SAS LYL will ensure the refund of the totality of the returned compliant products, except for taxes and customs duties paid by the customer upon delivery.

In case of abnormal or abusive claims, SAS LYL may refuse to serve a subsequent order.

7- RIGHT OF WITHDRAWAL

Only orders placed on www.rosyneclub.com may be returned or exchanged by SAS LYL. The Customer has a period of 14 working days from the date of receipt of their order to return the ordered Products, without justification or penalty.

For any exchange or return under the provisions of articles L 121-16, the procedure below must be fully respected:

  • The customer must fill out the return form accessible on the website of our partner Sendcloud "Exchanges & returns"
  • You will receive a confirmation by email including, on the one hand, a return confirmation with the return slip that the Customer must attach to their package; no return will be accepted without the said duly completed return slip.
  • The Products must be returned in their original packaging in perfect resale condition (shoe box, plastic sleeves ...), with their label and any accessories, in impeccable condition to: SAS LYL – 852 Avenue Villeneuve d'Angoulême – 34070 MONTPELLIER. Returns of washed and/or worn clothing, as well as damaged boxes, will be refused.
  • For all returns, please keep the shipping receipts. Make sure your return is well packaged to avoid any damage to the products or boxes.

Subject to the above conditions, SAS LYL will refund the total amount including tax of the order to the Customer. Return shipping costs are charged in case of a final return and are automatically deducted from the refund. The Customer's bank account will be credited with the said amount within 30 days from the receipt of the Products by SAS LYL.

 

8- PERSONAL DATA

SAS LYL collects a certain amount of information necessary for processing orders.

This data is not only necessary for processing the Client's order by SAS LYL but also to communicate to the Client information about the SAS LYL brand, the Site, or to offer SAS LYL commercial offers; if the Client accepts by validating their order.

The information is strictly confidential and is marked with an asterisk (*) when necessary for SAS LYL and/or its service providers in the context of managing the Client's order.

Following any injunction from legal authorities or to defend its rights or those of its employees, clients, or any other person, SAS LYL may communicate this data to legally authorized organizations and authorities.

SAS LYL commits to taking all useful precautions to ensure the security of its files and the protection of its IT system, and notably to prevent the Client's personal information from being distorted, damaged, or accessed by unauthorized third parties.

The Client's personal information is sent and stored with the site's host located in France, whose contact details appear on the site under the "Legal Notice" section.

In accordance with the "Informatique et Liberté" law of January 6, 1978, as amended by the law of August 6, 2004, the Client has the right to access, rectify, modify, and delete data concerning them.

The site is registered with the National Commission on Informatics and Liberty - CNIL under number 1351361. The Client can exercise this right by sending a letter to the following address or by email, specifying their last name, first name, email, and postal address: SAS LYL – 852 Avenue Villeneuve d'Angoulême– 34070 MONTPELLIER.

The Client can also modify their personal details from their client area by logging in using their email address and password.

9- INTELLECTUAL PROPERTY

All elements of the site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks, or patents.

They are the exclusive property of SAS LYL. The user who has a personal website and wishes to place, for personal use, a simple link directly referring to the homepage of the site must obligatorily request authorization from SAS LYL.

However, any hyperlink referring to the site and using framing or in-line linking techniques is strictly prohibited.

In all cases, any link, even tacitly authorized, must be removed upon simple request from SAS LYL.
Hyperlinks may refer to other sites than the site. SAS LYL disclaims all responsibility in case the content of these sites violates the laws and regulations in force.

 

10- COOKIES

In order to process the Client's order, and to better understand their needs and personalize the services offered on the Site, SAS LYL uses cookies. A cookie is a computer file stored on the Client's computer hard drive that serves to signal their visit to the Site.

Cookies store, during the Client's visit to the Site, their identity (known through their email address and password) and the contents of their cart. Once logged out of the Site, this information is stored for 30 days before being permanently deleted.

The Client can oppose the recording of cookies by configuring their Internet browser. They then lose all personalization of the service offered on the Site.

 

10- LIMITATION OF LIABILITY

Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, particularly regarding technical performance, response times, connection times, queries or information transfers, risks of disconnection, risks of contamination by viruses circulating on the network, and generally all risks related to the use of the Internet network.

SAS LYL cannot in any case be held responsible for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the Client's connection to the Site being under their sole responsibility.

12- FORCE MAJEURE

SAS LYL shall not be responsible for the total or partial non-performance of its obligations under the order placed by the Client, if such non-performance is caused by an event constituting a case of force majeure as defined by positive law.

In such a case, SAS LYL will inform the Client of the occurrence of such an event within 3 clear days following its occurrence, by email.

After a period of 1 month, and in the event that the constitutive event of a force majeure case persists, the order will be canceled and, if applicable, a refund will be made by SAS LYL to the credit card used for the order within a maximum period of 30 days.

 

13- APPLICABLE LAW

If any of the terms of these General Terms and Conditions of Sale were found to be null, illegal, or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in effect.

The General Terms and Conditions of Sale are executed and interpreted in accordance with French law.

In case of disputes, the client shall first contact SAS LYL to obtain an amicable solution and, failing agreement, the Commercial Court of Paris shall have exclusive jurisdiction.