General Terms and Conditions of Sale


loveislikearoseparis.com

Article 1 – Application of the general terms and conditions of sale

  • The online sale of the goods on the site is governed by these general terms and conditions of sale (the “GTC“). The purpose of these terms and conditions is to govern the contractual relationship between LoveIsLikeARose and the customer, natural person or representative of a legal entity, user of this site (the “customer“). These terms and conditions specify, in particular, conditions of order, of online payment, of delivery and management of any potential returns of the products ordered.
  • The customer admits having prior knowledge of these terms and conditions and accepts them without restriction when registering on this site of LoveIsLikeARose, according to the procedure indicated on this site. LoveIsLikeARose reserves the right to modify the GTC at any time by publishing a new version on this site. The terms and conditions applicable to contractual relationships must be those in effect on the date of final confirmation (“Validation“) of the Order (the “order“), excluding any other modality.
  • If the customer does not agree to be bound by the terms and conditions and comply with all applicable laws, he should not continue his registration.

Article 2 – Identification of the seller: LoveIsLikeARose

2.1.  The company L.ILA.R is a Simplified Joint-Stock Company with a capital of €500 whose head office is located at 205, street Saint-Honoré 75001 Paris, France. Its main activity is the creation and online sale of ready-to-wear, lingerie, footwear and accessories for wedding and ceremony, masculine, feminine, children (“LoveIsLikeARose“). Its contact details are: SIRET 824 247 795 00019, Tel: + 33 1 42 61 36 09, Email: srd@lilar.fr, Intra-community VAT number: FR 94 824 247 795.

2.2.  LoveIsLikeARose publishes the site loveislikearose.fr (hereinafter the “Site“). The Site is hosted by the company ovh.com 2 Rue Kellermann, 59100 Roubaix.

2.3. The Site is directed by EMAVISTA (email : contact@emavista.com)

2.4. Love is Like a Rose is a registered trademark.

Article 3 – Registration, order, Validation of order, Conclusion of contract

3.1.  The navigation on the Site is free.

3.2. Registration of the Customer on the Site: the registration on the Site is done beforehand any order by following the procedure of creation of online account indicated on the Site. To place an Order, the Customer will have to identify himself with his email address and his password informed when registering.

In case you lose or forget your password, the Customer can request it again by going to his account and clicking on “Forgot Password”. He will then receive his password at the email address informed when registering.

The minor (less than eighteen (18) years old in France) unemancipated or the incapacitated adult  must refrain from registering on the Site. If it is subsequently established that the client is an unemancipated minor or an incapacitated adult, LoveIsLikeARose will immediately cancel his registration and any ongoing relationship will automatically be cancelled as a result of the false statement initially made by the Customer.

3.3.  Order: The Order concerns products as presented on the Site (the “Products”). The Customer has the possibility to place his order online, from the online catalogue and by means of the form which is included, for any Product, within the limit of available stocks.

3.4.     Summary and Modification: Any order error can be rectified and the data entered by the Customer may be modified by him by following the process described on the Site before validating the order (for example:The Customer can decide to change the quantity of the products he wishes to buy by adding or removing one or more items from his shopping cart). He will have to accept the terms and conditions in effect on the date of the order.

3.5.     Validation of the order by the Customer: for the Order to be validated, the Customer will have to choose the address, the delivery and payment method by a confirmation (double click) (the “Validation“). The Validation of the Order obliges to its payment. The Customer will be able to check online the status of his order from his Customer area.

3.6.     Conclusion of the contract: the contract between LoveIsLikeARose and the Customer is concluded as soon as the Order is validated.

Article 4 – The Products

4.1.     On the Site, LoveIsLikeARose reserves the right to limit without notice the quantities or type of products available, the style, models and colours of the products described in order to update its offer. LoveIsLikeARose recalls that each product sold on the Site is derived from the ready-to-wear. It is therefore possible that a product requires an adjustment of size, length, etc. in a retoucher. In order to meet the demands of the largest number, the Customer is informed that the Products are sold with “unfinished” hems to facilitate the work of retouching. The jacket sleeves, the trouser stockings, whether feminine or masculine, are thus manufactured.

4.2.     Textual descriptions of the Products are illustrated by photographs. However, the photographs do not enter the contractual field. As such, if LoveIsLikeARose attempts to represent the products as faithfully as possible via the photographs reproduced on the Site, color variations may occur, in particular because of the technical limitations of the color renderings of a computer equipment. A minimal variation in the representation of the products does not commit the responsibility of LoveIsLikeARose.

4.3.     The maximum number of copies of each product that can be included by the customer in its order is two (2) units per model. By exception, women’s ceremonial outfits and processional outfits can be ordered at the number of six (6) units maximum per model in order to meet the needs of dress up bridesmaids and children.

4.4.     If necessary, the customer will contact LoveIsLikeARose for any specific request, by telephone or via the online contact form on the Site.

4.5.     The unavailability of a product, if any, will be notified to the customer when the order is entered, with the indication that the desired product is momentarily unavailable.

LoveIsLikeARose does not incur any liability in the event of a breakdown of inventory or product unavailability.

4.6.     In no case shall LoveIsLikeARose be liable for any error arising as a result of a failure of the customer’s connection to the Site.

Article 5-Price, taxes and payment of the price

 

5.1.     Price: LoveIsLikeARose reserves the right to modify its prices at any time on the Site but undertakes to apply the applicable tariffs indicated at the time of the Validation of the order, subject to availability of the products on that date. Prices are shown in euros and all Taxes included (incl. VAT).

5.2.     Delivery costs and ancillary charges: the prices do not take into account the delivery costs, charged as an additional fee, such as an ancillary charge (customs clearance in case of delivery abroad, bank charges, and any other charges). The amount of the delivery charge, which is the responsibility of the customer, will be specified before the order is validated. The customer will first contact the Site, for any delivery that would not be carried out in the European Union or in Switzerland, in order to arrange the delivery at the customer’s expense with the aim of validating the order. The delivery costs may exceptionally be subject to a special offer of gratuity, which will then be expressly indicated before and at the final outcome of the settlement process. The telecommunications costs inherent to the access to the Site remain at the sole expense of the customer.

5.3.     Taxes: Prices shall take account of the VAT applicable on the day of the Validation of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products of the online store. If one or more taxes or contributions, particularly environmental, were to be created or modified, up and down, this change will be reflected in the selling price of the products on line. LoveIsLikeARose shall communicate to the customer the total sum of all taxes and charges which he shall actually pay (the total all-inclusive price, hereinafter “Price incl. VAT“).

5.4.     Accuracy of prices: LoveIsLikeARose performs regular checks on the accuracy of the prices of the products appearing on the Site. In the case of an error that generates a blatantly derisory price, LoveIsLikeARose reserves the right to cancel the order.

5.5.     Payment terms: Payment of the price TTC by the customer is made by credit card, PayPal or bank transfer.

Credit card payment: Credit cards accepted are those of the credit card networks, Visa, MasterCard, American Express. So, the customer confirms that he is the holder of the debit card and that the name appearing on the credit card is actually his. The customer shall communicate the sixteen digits and the expiration date of his credit card and, where appropriate, the numbers of the visual cipher. Payment of the TTC price must be made in a single payment when ordering.

The customer expressly acknowledges that the communication of the information relating to his credit card authorises LoveIsLikeARose to debit his credit card of the amount corresponding to the price TTC of the products which have been the subject of the Validation of the order.

In accordance with article L. 133-8 II, paragraph 1, of the monetary and Financial Code, the commitment to pay given by means of a credit card is irrevocable. The transaction is immediately debited on the client’s credit card after checking the customer’s data, upon receipt of the debit authorization from the issuing company of the credit card used by the customer.

In the case that the tax rate is not possible, the contract will not be executed and the order will be cancelled.

Payment by bank transfer: payments made by bank transfer must be to the following IBAN code: FR76 3000 3033 3000 0208 9984 458. All costs and charges (including bank charges) associated with the bank transfer applied, if any, to the customer by the banking, remain supported by the customer. Payment must take place within a maximum of 7 (seven) working days from the date of Validation of the order.

If for any reason it is impossible to obtain the amount owing on the bank account of LoveIsLikeARose in the event of a transfer within the specified time, the contract will not be executed and the order will be cancelled.

Only the full payment of the VAT price includes transfer of property to the customer of the products ordered.

The customer may, at his demand, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for that purpose at the time of the order.

 

Article 6-Delivery of the order

6.1.     Delivery Locations: The products ordered are, at the customer’s option, delivered in the European Union, and in Switzerland. The customer will take pralablement contact with the Site for any delivery outside the European Union. No delivery is made in campsites, hotels, remaining posts and P.O. boxes. The products are delivered to the address indicated by the customer when the order is validated. The Client will have to ensure its accuracy and this, under its sole responsibility. In the absence of any indication, or in the event of an erroneous or incomplete indication by the customer as to his address, name or any other indication which may identify and/or locate him, LoveIsLikeARose shall not be liable for the non-performance or the improper performance of his obligation to deliver. Any parcel returned to LoveIsLikeARose due to an incorrect or incomplete delivery address will be forwarded to the customer’s expense. In the event of the customer’s refusal to pay these additional redispatch charges, the order will be automatically cancelled and the price of the order will be reimbursed to the customer’s account net of the shipping costs incurred.

6.2.     Terms of delivery: The products ordered are delivered via the services of the carrier chosen by LoveIsLikeARose. They will only be handed over to the Client for signature. If the customer is absent on the day of delivery, he will be informed of the delivery attempt either by the carrier or by LoveIsLikeARose. The customer will be able to obtain information via the Site.

6.3.     Delivery times: Delivery is made only after confirmation of the payment of the price TTC by the banking agency of LoveIsLikeARose. LoveIsLikeARose undertakes to honour the orders validated by the customer and to deliver the ordered products within a period of 6 to 8 weeks after the Validation of the order, except in case of force majeure. LoveIsLikeARose is committed in case of difficulties to share with the Client.

6.4.     Verification of the order on delivery: without restriction of the legal provisions, if at the time of delivery, the original packaging is damaged, torn, opened, the customer, or its representative, must then check upon receipt the condition of the articles.

If they have been damaged, the customer, or his representative, must refuse the parcel and note a reservation on the delivery slip (parcel refused as opened or damaged). It must then indicate on the delivery order and in the form of handwritten reserves accompanied by its signature any anomaly concerning the delivery (damage, one or the missing products in relation to the delivery order, damaged parcels, damaged products …).

This verification is considered to be done as soon as the customer, or his representative, has signed the delivery order.

The customer shall then confirm by registered mail with acknowledgement of receipt of these reservations to the carrier no later than 3 (three) working days following the receipt of the or articles and transmit a copy of this mail in the same time by mail to LoveIsLikeARose at the address indicated in the legal terms of the Site.

Article 7 – Return of products

7.1.     Right of withdrawal: the customer has a right of withdrawal which he may exercise within fourteen (14) days of the day after the receipt of the property. If the time limit expires on a Saturday, a Sunday or a public holiday, it shall be extended until the first next working day.

The Client shall exercise his right of withdrawal by notifying the professional of his willingness to retract, before the expiration of the fourteen-day period mentioned above, (i) either by sending the withdrawal form (a copy of which is appended hereto) duly completed and signed, (ii) by sending a declaration unambiguously expressing its willingness to retract, at the following address : 205, rue Saint-Honoré 75001 Paris, France. The customer may also complete and transmit the retraction form or its declaration via the Site.

The customer must return the product (s) at the latest within fourteen (14) days after the communication of his decision to retract. The return of the product shall be carried out under the conditions laid down in the article “Arrangements for the return of products”. The direct costs of returning products remain at the customer’s expense.

LoveIsLikeARose shall reimburse the customer, by any means of payment, of all the sums which he has paid, including the delivery costs, within fourteen days (14) from the date on which he is informed of the decision to exercise the right of withdrawal. This refund shall be deferred until the date of recovery of the products or until the customer communicates proof of their dispatch, in accordance with article L. 221-24 of the consumer code.

The provisions relating to the right of rétratation apply only to the consumer as defined by the consumer code, and in any event do not apply to legal persons.

7.2.     7.2. Modalities for the return of products: The return of the product may only be accepted for products in their original state, with their original packaging, accessories, notices, labels, etc.

LoveIsLikeARose will not make any reimbursement in the event of traces of perspiration, deodorant, perfume, make-up, dirt, any damage even minute, and may refuse reimbursement if the customer claims to have already used (outside fitting) the product (s) or if LoveIsLikeARose suspects that he or she has already used (except fitting) the product (s), even if they are returned within the legal limit of return (fourteen (14) days) following the communication of the withdrawal. The products will be returned to the following address: 205, rue Saint-Honoré 75001 Paris, France.

Article 8: Guarantees

8.1.     LoveIsLikeARose informs the customer that the guarantor of the conformity of the goods to the contract allowing to make an application under the legal guarantee of conformity or the guarantee of the defects of the thing sold is the company L. ILA. R located at 205, rue Saint-Honoré, 75001 Paris France.

8.2.     LoveIsLikeARose shall be liable for defects in the conformity of the property to the contract under the conditions of article L. 217-4 et seq. of the Code of consumption and of the hidden defects of the thing sold under the conditions laid down in articles 1641 et seq. of the Civil Code.

8.3.     Legal guarantee of Conformity

In the case of a legal guarantee of conformity, the Client (i) shall be granted a period of two from the issuance of the Good to act, (ii) may choose between the repair or the replacement of the property, subject to the cost conditions laid down in article L. 217-9 of the Consumer Code, (iii) is exempted from reporting evidence of the existence of the failure to comply with the property during the twenty-four months following the issuance of the property , six months for second-hand goods. The customer may decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, it may choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.

8.4.     LoveIsLikeARose is required to deliver a good conforming to the contract and satisfies defects in conformity with the issue. It also responds to defects in conformity resulting from the packaging (article L. 217-4 of the consumer code). The property is in accordance with the contract (i) if it is specific to the usual expected use of a similar property and, where appropriate if it corresponds to the description given by LoveIsLikeARose and possesses the qualities which it has presented to the Client in the form of a sample or model and whether it presents the qualities which a purchaser can legitimately expect in view of the public statements made by LoveIsLikeARose , by the producer or by his representative, in particular in advertising or labelling; (ii) or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the customer, brought to the knowledge of LoveIsLikeARose and which the latter has accepted (article L. 217-5 of the consumer code).

8.5.     In case of failure to comply, the customer shall choose between repair and replacement of the property. However, LoveIsLikeARose may not proceed according to the choice of the customer if this choice results in a clearly disproportionate cost in relation to the other modality, given the value of the property or the magnitude of the defect. It is then required to proceed, unless it is impossible, according to the modality not chosen by the customer (article L. 217-9 of the consumer code).

8.6.     If repair and replacement of the property are impossible, the customer can return the property and get the prize back or keep the property and get a part of the prize. The same faculty is open to him (i) if the solution requested, proposed or agreed pursuant to article L. 217-9 may not be implemented within one month of the customer’s claim, or (ii) If this solution cannot be made without a major disadvantage for the Client, given the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the failure to comply is minor (article L. 217-10 of the consumer code). The action resulting from the failure to comply is prescribed by two years from the date of issue of the property (L. 217-12 of the consumer code).

8.7.     Hidden defects: These provisions do not deprive the Client of the right to exercise the action resulting from the redhibitory defects as provided for in articles 1641 to 1649 of the Civil Code (article L. 217-13 of the consumer code). For any application relating to legal guarantees, the customer may contact LoveIsLikeARose via the contact form available on the Site, by mail or at the telephone number indicated in the header of the present.

8.8.     The foregoing provisions relating to the legal guarantee of conformity and to the guarantee in respect of hidden defects shall apply only to the consumer as defined by the consumer code, and in any event shall not apply to legal persons. LoveIsLikeARose will therefore not be held to guarantee hidden defects in respect of legal persons.

Article 9-Data

LoveIsLikeARose implements all means to ensure the confidentiality and security of the data transmitted on the Site.

9.1.     Data recorded by the Sogecommerce payment service: The purchase order is made via the secure platform of its partner Sogecommerce. The data recorded and maintained by the Sogecommerce payment service is the proof of the order and all past transactions.

The bank data recorded by Sogecommerce is evidence of financial transactions. Therefore the recorded data are intended to remain confidential with the exception of cases where they can be used as evidence of transactions carried out.

9.2.     Personal Data: The information collected is recorded in a computerized file by LoveIsLikeARose for the management of its customers and prospects. They are kept for three years and are destined for the marketing and commercial department of LoveIsLikeARose. According to the law “Informatique et libertés” The Client has a right of access, rectification and opposition to the processing of the data concerning him by contacting LoveIsLikeARose, 205, rue Saint-Honoré 75001 Paris, France, srd@lilar.fr. LoveIsLikeARose informs the customer of the existence of the opposition list to the phone call “Bloctel”, on which he can register here: https://conso.bloctel.fr. The Client has the right to define guidelines for the preservation, erasure and communication of his personal data after his death, by contacting LoveIsLikeARose, 205, rue Saint-Honoré 75001 Paris, France, srd@lilar.fr.

Article 10-Mediation

10.1.   In the event of a dispute, the Client has the right to use a consumer mediator free of charge for his amicable resolution. The customer must first attempt to resolve the dispute directly with LoveIsLikeARose by submitting a written complaint to the Client and make his application to the Ombudsman within one year from the time of the case.

10.2.   The consumer mediator under LoveIsLikeARose is [name/reason], located [address], [Internet Site address].

10.3.   The customer may also use the online dispute settlement platform set up by the European Commission and accessible at the following address: Https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.

10.4.   The above provisions relating to mediation shall apply only to the consumer as defined by the consumer code, and in any event shall not apply to legal persons.

Article 11: Attribution of jurisdiction

In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract and its annexes shall be the exclusive competence of the competent courts of Paris.

Article 12 – Language and law of the contract

The language of the contract is the French language. This agreement is governed by the French law.

 

Retraction model