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 located at 909 Avenue des Platanes, 34970 LATTES, 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 effect on the Site at the date the order is placed by the Customer; it is specified that any order of a Product offered on the Site implies the Customer's full and complete acceptance of the General Terms and Conditions of Sale in effect at the time of placing the order.
These General Terms and Conditions of Sale are intended to define the rules applicable within the framework of the sale of ROSYNE CLUB branded products on the site, to any adult or minor with parental authorization, non-commercial, having the legal capacity to contract, exclusively residing in the countries delivered by www.rosyneclub.com making a purchase of a Product on the Site.
1- PURPOSE
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 various stages of completing 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 accessed by the Customer. Each product will have a descriptive sheet which, in addition to the photograph, will include: the price, the photograph, available sizes and colors, composition, as well as specific characteristics. Minor differences between a product and its photograph may exist, depending notably on the resolution and color definition of the user's screen.
SAS LYL commits to delivering products within the limits of available stock that comply with current regulations regarding the safety and health of individuals in accordance with European provisions, particularly legislation on regulated chemical substances.
Information on product availability is provided to you at the time of placing the order. In the event of a product being unavailable after the order has been placed, SAS LYL commits to informing the customer by email as soon as the information is received, as quickly as possible. The order for this product will be automatically canceled, while the rest of the order remains 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- PRICES
Prices are indicated in Euros including all taxes, excluding shipping costs; it is 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 shown on the Site, guaranteed while stocks last, and confirmed to the Customer when the order is validated.
Shipping costs are communicated to the Customer in the order summary before finalizing the order and are expressed including all taxes. These costs are the responsibility of the Customer and are charged in addition to the sale price of the Products.
The transfer of risk of loss and damage to the Products will occur after delivery and receipt of the Products by the Customer.
We reserve the right to change our prices at any time but commit to applying the prices shown on the Site at the time of your order.
We inform you that in the event of an obviously erroneous price display, manifestly negligible (very low price), regardless of the reason (software bug, manual error, technical error), the order—even if validated by us—will be canceled, and 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 accurate price.
For international deliveries, the recipient may be required to pay shipping and customs fees according to the legislation in force in their destination country.
4- ORDER AND PAYMENT OF PRODUCTS
• 4.1 PLACING THE ORDER
The Customer finalizes their order by completing the following 5 steps
Step 1: For their first order, the customer must create an 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 log in 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 they are 18 years old or, if not, have parental authorization 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, you will have the option to:
- Get a summary of the selected products by clicking on the "My Cart" link at the top right of the screen, which shows the number of products it contains
- Continue shopping by clicking on the "Continue Shopping" link
- Complete your selection and place the order by clicking on the "Order" link
Step 3: The Client reviews the contents of their cart by clicking on "order" to access the order summary. The Client 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 necessary, modified, the Client validates their cart to finalize the order by clicking again on "order."
If the Client has a discount code, they must enter it in the designated field to benefit from it.
Step 4: Client enters delivery and billing details
Except for the date of birth, address complement, and delivery information, all fields are required to finalize the order; unless otherwise indicated by the Client, the billing address will automatically be the same as the delivery address.
If the Client has already placed an order on the Site, they have a customer account. In this case, they will log in only with their email address and password.
The Client then verifies all information and clicks "validate" to proceed with their order.
Step 5: Entering bank details
The Client will then access the secure payment screen of SAS LYL’s partner as specified in article 4.3 below.
Payment is made online via various payment methods: by credit card, PAYPAL, or in installments through our partner alma.
The Client must enter their card number, expiration date, and the 3-digit security code on the back of the card, noting that for American Express cards, the Client must provide 4 digits.
If the payment is accepted, the Client will be redirected to an order confirmation screen on the Site.
In case of payment failure, the Client will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Client will be redirected on the Site to a screen indicating the payment refusal. The Client will then be invited to contact SAS LYL customer service to understand the reasons and find a solution together to finalize the Client's order.
• 4.2 ORDER CONFIRMATION
Upon acceptance of the Client's payment, the Client will receive an email confirming their order, summarizing all ordered items, the billing and delivery addresses, as well as the delivery date.
The Client's order validation and the order confirmation sent to the Client 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 Client who placed an order will have the possibility 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 price or 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 (currently unavailable for Monaco Internet users) is offered to the Internet user (if the service is available on the Site) by our partner Alma, for any order over 150 euros. Partial payments by gift cards are not available with this payment solution.
Payment by Alma: is made online at the time of placing the order. It is secured by Alma and also allows purchases to be made safely. For example, payment in three installments works as follows: the 1st payment at the time of purchase, the 2nd payment one month after the purchase date, and the 3rd payment two 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 terms and conditions of sale, 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 authorization request for card debit 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 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 pass 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 financial institution that processes the transaction.
Shopify payment, being a technical service provider, does not handle disputes related to orders, which are processed 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 kept on a reliable and durable medium. The Customer agrees that the order confirmation is considered proof of the contractual relationship between the Parties.
5- DELIVERY
Delivery time:
Any order confirmed on the site is not contestable; 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); 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 peak periods, 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:
- by email to info@rosyneclub.fr
Delivery 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 the 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, the recipient will be responsible for paying 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 careful handling of the order, some products may occasionally 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 fulfillment 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 in perfect condition and must be delivered to you as such. If no reservation is made, we will not be able to take into account any missing items 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 day of receipt or at the latest within 3 days following receipt, to our Customer Service:
- by email info@rosyneclub.fr
- by registered mail, addressed to: SAS LYL ROSYNE CLUB – 909 Avenue des platanes, 34970 LATTES
Please include as many details as possible regarding the order and the issue encountered with the products concerned.
After this period, and except in cases of hidden defects, no claims will be accepted by SAS LYL, the Products being then considered compliant, and SAS LYL will be released from all liability.
SAS LYL reserves the right to ask the customer to return the defective product. If the above conditions are met, SAS LYL will then proceed with the exchange, issuing a credit note, refunding the defective product(s), or reshipping the missing product (subject to the validity of the buyer's request).
For any return of a 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 email including a return confirmation with the return slip that the Customer must include with their package; no return will be accepted without the duly completed return slip.
- The Products must be returned in their original packaging in perfect resale condition (shoe box, plastic sleeves, etc.), with their label and any accessories, in impeccable condition to: SAS LYL – 909 Avenue des platanes, 34970 LATTES
- 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 non-compliance has been established, SAS LYL will offer the Customer either:
- the replacement of the Product(s) at SAS LYL's expense, either
- 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 LYL SAS customer service.
In case of a refund, SAS LYL will refund the full amount of the returned products that comply, excluding 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 our partner Sendcloud's website "Exchanges & returns."
- You will receive a confirmation email including a return confirmation with the return slip that the Customer must include with their package; no return will be accepted without the duly completed return slip.
- The Products must be returned in their original packaging in perfect resale condition (shoe box, plastic sleeves, etc.), with their label and any accessories, in impeccable condition to: SAS LYL – 909 Avenue des platanes, 34970 LATTES. 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 the 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 information about the SAS LYL brand, the Site, or to offer SAS LYL commercial offers if the Client agrees 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 disclose this data to legally authorized organizations and authorities.
SAS LYL commits to taking all necessary precautions to ensure the security of its files and the protection of its IT system, particularly 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 are listed 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 name, first name, email, and postal address: SAS LYL – 909 Avenue des platanes, 34970 LATTES.
The Client can also modify their personal information from their client area by logging in with their email address and password.
9- INTELLECTUAL PROPERTY
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents.
They are the exclusive property of SAS LYL. A user who has a personal website and wishes to place, for personal use, a simple link directly to the homepage of the site must obtain authorization from SAS LYL.
However, any hyperlink leading to the site and using framing or in-line linking techniques is strictly prohibited.
In any case, any link, even tacitly authorized, must be removed upon simple request by SAS LYL.
Hyperlinks may lead to sites other than this site. SAS LYL disclaims all responsibility if the content of these sites violates applicable laws and regulations.
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 may oppose the recording of cookies by configuring their Internet browser. They will 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 interruption, risks of virus contamination circulating on the network, and generally all risks related to the use of the Internet network.
SAS LYL cannot in any case be held liable 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, as the Client’s connection to the Site is entirely at their own risk.
12- FORCE MAJEURE
SAS LYL shall not be held 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 applicable law.
In such a case, SAS LYL will inform the Client of the occurrence of such an event within 3 full days following its occurrence, by email.
After a period of 1 month, and if the event constituting a force majeure case persists, the order will be canceled and, if applicable, SAS LYL will refund the payment made by credit card used for the order within a maximum of 30 days.
13- APPLICABLE LAW
If any of the terms of these General Terms and Conditions of Sale is 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.
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