Terms & Conditions

Terms & Conditions

The present general conditions of sale concern all sales made on the rostaing.com site by private individuals.

ETABLISSEMENT J.ROSTAING SAS

17, av Charles de Gaulle 01800 Villieu Loyes Mollon

contact@rostaingshop.fr

04 74 46 34 57

Share capital: 144,400.00 EUROS

Siret : 759 200 405 00018

VAT NO.: FR02 759 200 405

RC BOURGB 759 200 405

Object

By placing an order for a product offered for sale by ROSTAING on the www.rostaing.com website (hereinafter referred to as the "Product"), any individual (hereinafter referred to as the "Buyer") implies full acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing the order and thereby waives the right to rely on any contradictory document.

Professionals wishing to order products offered on the www.rostaing.com website are invited to contact ROSTAING using the contact details above. Furthermore, ROSTAING reminds you that non-emancipated minors are incapable of contracting.

ROSTAING reserves the right to modify these terms and conditions at a later date and at its own discretion, which the Purchaser accepts. The relationship between ROSTAING and the Purchaser shall always be governed by the latest terms and conditions in force on the date of the order.

The present general terms and conditions of sale are accessible at any time on the site and will prevail, if necessary, over any other previous version or any other contradictory document. The Buyer may request that the general terms and conditions of sale be sent to him/her by e-mail. He may also save, edit or copy them, it being specified that saving, editing or copying this document is his sole responsibility, as these general terms and conditions of sale may be subject to change.

Awards

The sale prices of online Products, indicated in Euros, are those in force at the time of registration of the order form by the Buyer. They do not include packaging and shipping costs, which, where applicable, are invoiced in addition on the basis of the tariff applicable on the day the order is placed, and which are communicated to the Purchaser before the order is placed. Shipping costs are free for orders of 100 euros or more.

Prices include value-added tax (VAT), applicable on the day the order is validated.

ROSTAING reserves the right to modify its prices at any time. The new prices are applicable to all orders placed after their entry into force.

How to order

It is up to the Buyer to select on the site the Products he wishes to order, according to the following modalities:

Site navigation

The Buyer may view the various Products offered for sale by ROSTAING on its website. The Buyer may browse freely through the various pages of the site, without being bound by any order.

Order registration

If the Purchaser wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the "Add to basket" box.

On the website, at any time, the Buyer may :

- obtain details of the Products selected, by clicking on "My basket",

- continue shopping by clicking on "Continue shopping",

- complete its selection of Products and order these Products by clicking on "Finalize my order" and then on "Order".

To order the Products he/she has chosen, after clicking on "Order", the Buyer will have the option of either "Pay as a guest" or "Register" or "Log in" if the Buyer already has an account. In the first case, the Buyer can place an order without creating an account. In the second case, the Buyer must create an account by filling in the required fields, the accuracy of which he/she guarantees. In the latter case, he/she must identify himself/herself by entering his/her e-mail address and confidential password.

In any event, the Purchaser must accurately complete the form made available to him/her, on which he/she will include the information necessary for his/her identification, and in particular his/her surname, first name, billing address, delivery address, chosen delivery method and payment information. An order form will appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Buyer, as well as the total amount of the order, the Buyer's contact details, the deadline for delivery of the Products, the delivery address of the Products.

The Buyer may correct any errors before confirming the order. If this is the case, a new order form will automatically be issued.

Final confirmation of order

After having read the order form, and once all the information requested has been completed by the Buyer, the latter will tick the box indicating acceptance of these general terms and conditions of sale and click on "Confirm order". Confirmation of the order includes the words "order subject to payment".

This second click constitutes an electronic signature. This signature is binding on the Purchaser in the same way as a handwritten signature. The purchase order will be recorded on ROSTAING's computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the Purchaser's commitment.

Order summary

Once the Purchaser has validated his/her method of payment on the site (where applicable by providing his/her card number and expiry date), a summary of the Purchaser's order will be displayed, including the transaction number. The sale will only be considered final once ROSTAING has displayed the summary of the order, which is considered to be an acknowledgement of receipt of the order. An e-mail will then be sent to the Purchaser summarizing the order when it is recorded.

General

In the absence of proof to the contrary, the data recorded by ROSTAING constitutes proof of all transactions.

In any event, ROSTAING reserves the right to refuse any order or any delivery in the event of (i) an existing dispute with the Purchaser, (ii) total or partial non-payment of a previous order by the Purchaser, (iii) refusal of authorization of payment by credit card by banking organizations. ROSTAING shall not be held liable in such cases.

Product availability

Product offers on the site are only valid while stocks last. Availability may vary on the same day depending on the level of sales recorded by ROSTAING. ROSTAING frequently updates availability on the site.

In the event that a Product is unavailable after the Buyer has placed an order, ROSTAING undertakes to inform the Buyer by e-mail within eight (8) days from the date of the order, and to inform the Buyer of the waiting period for receipt of the Product. If the Purchaser so wishes, he/she may request cancellation of the order (reimbursement by cheque or bank transfer within 14 days) or exchange of the unavailable Product for another Product by contacting ROSTAING by e-mail or telephone.

In addition, the Buyer is informed that certain Products, due to their packaging, can only be sold in batches and cannot be sold separately. In any case, this characteristic is indicated on the product description.

Payment

The price is payable in cash, in full, on the day the order is placed by the Buyer, by secure payment, by credit card (accepted cards are Carte Bleue, Visa, Mastercard) or PayPal account. The Purchaser will click on the chosen method of payment. The Buyer guarantees ROSTAING that he/she has the necessary authorizations to use the method of payment chosen when registering his/her order. All orders are payable in euros.

Payment by credit card

The Purchaser must provide the name of the cardholder, the credit card number, depending on the type of card, the expiry date and the cryptogram number (3-digit number on the back of the credit card). The Buyer will be automatically transferred to the ROSTAING bank's electronic payment server. The bank's server is secured by its electronic payment terminal in order to protect all payment data as effectively as possible. The Purchaser acknowledges that at no time will his/her bank details pass through the ROSTAING computer system. ROSTAING cannot therefore be held liable in the event of fraudulent removal of the Purchaser's bank details.

The transaction is immediately debited from the Purchaser's credit card after verification of the card details. Should it not be possible to debit the amount, the Buyer's order will be cancelled.

Payment by PayPal

The Buyer who chooses to pay for his order by PayPal is automatically redirected to the PayPal page of the site where he will have to transmit his e-mail address linked to his PayPal account and his PayPal password. PayPal's terms and conditions then apply. Once the PayPal payment has been validated, the Buyer can complete his/her order on the website.

Any sum not paid by the due date will automatically generate late payment interest equal to three times the legal interest rate and will render due the payment of an indemnity of €40 for collection costs. This interest will be due until the date of payment of the sum due, including interest.

Terms of delivery

Products are delivered by post to the address indicated by the Buyer in the order, in mainland France or Corsica. Shipping costs are included in the order.

In accordance with Article L216-1 of the French Consumer Code: "The trader delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with 3° of Article L. 111-1, unless the parties have agreed otherwise.

In the absence of any indication or agreement as to the date of delivery or performance, the trader shall deliver the goods or perform the service without undue delay and no later than thirty days after the conclusion of the contract".

ROSTAING undertakes to use its best efforts to deliver the Products ordered within the period indicated in the order. If the Products ordered have not been delivered by the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Purchaser if, after having enjoined ROSTAING to make delivery within a reasonable additional period, the latter has not complied within this period. The sums paid by the Buyer will then be returned to him by bank transfer within a maximum period of fourteen (14) days, to the exclusion of any compensation or deduction.

Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

Delivery means the transfer to the Buyer of physical possession or control of the Product.

Each shipment is carefully prepared by ROSTAING in order to protect the Products as best as possible. If you have any questions, please send an e-mail to contact@rostaingshop.fr

Reservation of ownership

ROSTAING retains full and complete ownership of the Products sold until effective payment of the full price and accessories. If, for one reason or another, effective payment for the Products has not been made prior to delivery, the Purchaser must ensure that identification of the Products is still possible after delivery.

Right of withdrawal

The Buyer has the right to withdraw from the contract without giving any reason within fourteen (14) days from the day on which the Buyer himself or a third party other than the carrier takes physical possession of the products.

To exercise the right of withdrawal, the Purchaser must notify ROSTAING of his/her decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon contact@rostaingshop.fr. The Buyer may also use the model retraction form downloadable from the ROSTAING website(retraction form), but this is not obligatory.

In the event of withdrawal, ROSTAING will reimburse the Purchaser for all payments received from the Purchaser, including the initial delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which ROSTAING is informed of the Purchaser's decision to withdraw.

ROSTAING will proceed with the refund using the same means of payment that the Purchaser used for the initial transaction, unless the Purchaser expressly agrees to a different means. This refund will not incur any costs for the Purchaser.

In the event that the Products have been delivered prior to the exercise of the right of withdrawal, ROSTAING reserves the right to defer reimbursement until it has received the Products or until the Purchaser has provided proof of shipment of the Products, whichever comes first.

The Purchaser must return the Products to ROSTAING or make them available to ROSTAING in their original packaging and in perfect condition, at the following address: ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon without undue delay and, in any event, no later than fourteen (14) days after he has informed ROSTAING of his decision to withdraw. This period shall be deemed to have been observed if the Purchaser returns the Products before the expiry of the fourteen (14) day period.

Please note: Incomplete, damaged, deteriorated or soiled products cannot be reimbursed or exchanged.

Return shipping costs are the sole responsibility of the Buyer.

Cancellation form

Download the withdrawal form

Divisibility

If, for any reason whatsoever, any clause of these general terms and conditions of sale cannot be applied, all other clauses shall remain valid and have the force of law between the parties.

Compliance and Warranty

Products supplied by ROSTAING benefit, in accordance with legal provisions :

- the legal warranty of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code,

- the warranty against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions set out in articles 1641 et seq. of the French Civil Code.

Legal warranty of conformity

Article L217-4 of the French Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the French Consumer Code: To conform to the contract, the good must :

1° Be fit for the use ordinarily expected of similar goods and, where applicable :

- correspond to the description given by the seller and possess the qualities that the seller has presented to the Buyer in the form of a sample or model;

- have the qualities that a Buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.

Article L217-6 of the French Consumer Code: The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L217-8 of the French Consumer Code: The Buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the Buyer.

Article L211-13 of the French Consumer Code concerning the legal warranty of conformity: The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as set forth in the articles of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.

Article L217-10 of the French Consumer Code: If repair or replacement of the good is impossible, the Buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to him:

1° If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month of the Buyer's complaint;

2° Or if this solution cannot be found without major inconvenience to the customer, given the nature of the good and the use he is seeking.

However, the sale cannot be rescinded if the lack of conformity is minor.

Article L217-11 of the French Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 is free of charge for the Buyer.

These same provisions do not preclude the award of damages.

Hidden defects warranty

Article 1641 of the French Civil Code: the seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the Buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

Article 1648 of the French Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the apparent defects or lack of conformity.

Implementation

Any request for a legal guarantee under the guarantee of conformity or hidden defects must be made to ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon, fax: 0474613443, e-mail: contact@rostaingshop.fr in its capacity as guarantor of the conformity of the products with the contract.

Legal warranty of conformity

The Buyer has a period of 2 years to take action, starting from the delivery of the product.

The Buyer may choose between repair and replacement of the product, provided that this choice does not entail a manifestly disproportionate cost given the value of the product or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the Buyer.

The Customer is exempt from having to prove the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

Hidden defects warranty

The Buyer may decide to invoke the warranty against hidden defects of the item sold as defined in articles 1641 et seq. of the French Civil Code. In this case, the Buyer may decide to invoke the warranty against hidden defects as defined in article 1641 of the French Civil Code, and may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

All warranties are excluded in the event of use or storage of products which does not comply with the provisions set out on the label attached to the products.

The photographs and illustrations accompanying the products on the website have no contractual value and therefore do not engage the responsibility of ROSTAING.

ROSTAING shall not be held liable or in default if it proves that the delay or non-performance is due to force majeure or is attributable to the Buyer.

Claims processing

For any information, complaint or question relating to the conditions of sale on the rostaing.com site or to the Products themselves, the Purchaser should contact the site's customer service department by e-mail using the contact form, or by telephone on 04 74 46 34 57 (toll-free), quoting his order number if necessary.

Data protection - Cookies The information collected by ROSTAING when the Buyer places an order and/or creates a customer account is kept in order to provide the best possible service. This information enables ROSTAING to carry out operations relating to customer management, canvassing (e.g. sending newsletters), statistical studies, management of requests for access, rectification and opposition rights, management of unpaid invoices and litigation, management of promotional operations, management of notices or to answer questions put directly to the site administrator.

This data may be used to send information and promotional offers from ROSTAING, subject to having obtained the prior and express consent of the Buyer by means of checkboxes on the Buyer's identification form. The Buyer may unsubscribe at any time by clicking on the "Unsubscribe" link.

This information is strictly confidential and is intended only for ROSTAING, which undertakes not to make any commercial use of the data without the prior and express agreement of the Buyer, and to keep it only for a period strictly related to the purpose of the processing.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the Purchaser has the right to access, rectify or object to the data provided by writing to the following address: ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon contact@rostaingshop.fr, or via the "contact" section of the site. ROSTAING undertakes not to communicate this information to third parties.

Only information coming from ROSTAING or via the rostaing.com website can be sent to him.

After obtaining the Purchaser's consent, ROSTAING collects information relating to the Purchaser using cookies to track the Purchaser's browsing within the site. Cookies are alphanumeric identifiers transferred to the hard disk of the Purchaser's computer via his/her Internet browser, enabling ROSTAING to recognize the browser and thus offer the Purchaser more innovative and attractive functions.

The Buyer may also configure his/her computer to prevent cookies from being saved. To find out more about cookies, click on the optimal configuration tab.

Intellectual property

The content of the site is the property of ROSTAING and its partners, as are the intellectual property rights on the Products ordered, and in particular the trademarks affixed to them, which are protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Disputes

These general terms and conditions of sale and all transactions referred to herein are governed by French law.

Only the French version of these terms and conditions of sale is binding. In the event of difficulties arising in connection with the order or delivery of products, the consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of the dispute between him/her and a professional.

CONSUMER MEDIATION SERVICE : Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code.

In the event of unresolved disputes between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator.

Before referring the matter to the Consumer Mediator, the consumer must already have attempted to resolve the dispute directly with the professional by means of a written complaint, or have made a complaint under the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, a consumer mediation will take place according to a precise process and the texts in force.
The procedure is free of charge for the consumer (R612-1 of the French Consumer Code).

HOW TO CONTACT THE CONSUMER OMBUDSMAN :

If no agreement is reached with the professional following a claim,

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code (Conditions of admissibility). Procedure free of charge for the consumer.

MEDIATION - LIVING BETTER TOGETHER

www.mediation-vivons-mieux-ensemble.fr
465 avenue de la Libération 54 000 NANCY
mediation@vivons-mieux-ensemble.fr

European platform for online dispute resolution:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
Mail ROSTAING:
sav@rostaing.com

IMPORTANT:
Never send original documents to the Consumer Ombudsman. Please make photocopies
Please include your telephone number and e-mail address.

Terms & Conditions

The present general conditions of sale concern all sales made on the rostaing.com site by private individuals.

ETABLISSEMENT J.ROSTAING SAS

17, av Charles de Gaulle 01800 Villieu Loyes Mollon

contact@rostaingshop.fr

04 74 46 07 10

Share capital: 192,550.00 EUROS

Siret : 759 200 405 00018

VAT NO.: FR02 759 200 405

RC BOURGB 759 200 405

Object

Professional retailers and distributors who wish to order and resell to their customers products offered on the www.rostaing.com website are invited to contact ROSTAING using the contact details above. Furthermore, ROSTAING reminds you that non-emancipated minors are incapable of contracting.

Awards

Prices include value-added tax (VAT), applicable on the day the order is validated.

ROSTAING reserves the right to modify its prices at any time. The new prices are applicable to all orders placed after their entry into force.

How to order

It is up to the Buyer to select on the site the Products he wishes to order, according to the following modalities:

Site navigation

The Buyer may view the various Products offered for sale by ROSTAING on its website. The Buyer may browse freely through the various pages of the site, without being bound by any order.

Order registration

If the Purchaser wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the "Add to basket" box.

On the website, at any time, the Buyer may :

obtain details of the Products selected, by clicking on "My basket",
continue shopping by clicking on "Continue shopping",
complete its selection of Products and order these Products by clicking on "Finalize my order" and then on "Order".

To order the Products he/she has chosen, after clicking on "Order", the Buyer will have the option of "Registering" or "Logging in" if the Buyer already has an account. In the first case, the Buyer can place an order without creating an account. In the second case, the Buyer must create an account by filling in the required fields, the accuracy of which he/she guarantees. In the latter case, he/she must identify himself/herself by entering his/her e-mail address and confidential password.

The Buyer may correct any errors before confirming the order. If this is the case, a new order form will automatically be issued.

Final confirmation of order

Order summary

General

In the absence of proof to the contrary, the data recorded by ROSTAING constitutes proof of all transactions.

Product availability

If the Purchaser so desires, he may request cancellation of the order (ROSTAING will proceed with reimbursement using the same means of payment that the Purchaser used for the initial transaction) within 14 days.

Some Product offers are only available "to order", and this feature will appear on the product description, unlike Product offers that are valid while stocks last. This means that the Buyer cannot register and purchase an order as defined above, because the product is not in stock, but can be manufactured on request, and according to a minimum quantity, if desired. If the Purchaser expresses an interest in the product, he/she can only click on "request a quote", which will lead to contact with ROSTAING's sales department to determine his/her request and possibly contractualize the commercial transaction according to other terms and conditions.

Payment

Payment by credit card

The transaction is immediately debited from the Purchaser's credit card after verification of the card details. Should it not be possible to debit the amount, the Buyer's order will be cancelled.

Payment by PayPal

Terms of delivery

Products are delivered by post to the address indicated by the Buyer in the order, in mainland France or Corsica. Shipping costs are included in the order.

Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

Delivery means the transfer to the Buyer of physical possession or control of the Product.

Each shipment is carefully prepared by ROSTAING in order to protect the Products as best as possible. If you have any questions, please send an e-mail to contact@rostaingshop.fr

Reservation of ownership

Right of withdrawal

To exercise the right of withdrawal, the Purchaser must notify ROSTAING of his/her decision to withdraw by means of an unambiguous statement (e.g. letter sent by post or e-mail) to ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon contact@rostaingshop.fr.

Please note: Incomplete, damaged, deteriorated or soiled products cannot be reimbursed or exchanged.

Return shipping costs are the sole responsibility of the Buyer.

Divisibility

If, for any reason whatsoever, any clause of these general terms and conditions of sale cannot be applied, all other clauses shall remain valid and have the force of law between the parties.

Compliance and Warranty

Products supplied by ROSTAING benefit, in accordance with legal provisions :

the legal warranty of conformity under the conditions of articles L.217-4 et seq. of the French Consumer Code,
the warranty against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions set out in articles 1641 et seq. of the French Civil Code.

Legal warranty of conformity

Article L217-3 of the French Consumer Code:

The seller delivers a good that conforms to the contract and to the criteria set out in Article L. 217-5. He is liable for defects in conformity existing at the time of delivery of the good within the meaning of article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements :

Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;
Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that appears during the period in which it is supplied under the contract.

For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller is also liable, within the same time period, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions supplied by the seller. This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity. Article L217-4 of the French Consumer Code:

The good conforms to the contract if it meets the following criteria:

It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
It is supplied with all accessories and installation instructions, which must be supplied in accordance with the contract;
It is updated in accordance with the contract.

Article L217-5 of the French Consumer Code: I.- In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:

It is fit for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
If applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;
It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchase decision.

III - The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.

These same provisions do not preclude the award of damages.

Hidden defects warranty

Article 1648 of the French Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Implementation

Any request for a legal guarantee under the guarantee of conformity or hidden defects must be made to ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon, e-mail: sav@rostaing.fr as guarantor of the conformity of the products to the contract.

Legal warranty of conformity

The Buyer has a period of 2 years to take action, starting from the delivery of the product.

The Customer is exempt from having to prove the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

Hidden defects warranty

All warranties are excluded in the event of use or storage of products which does not comply with the provisions set out on the label attached to the products.

The photographs and illustrations accompanying the products on the website have no contractual value and therefore do not engage the responsibility of ROSTAING.

ROSTAING shall not be held liable or in default if it proves that the delay or non-performance is due to force majeure or is attributable to the Buyer.

Claims processing

For any information, complaint or question relating to the conditions of sale on the rostaing.com site or to the Products themselves, the Purchaser should contact the site's customer service department by e-mail using the contact form, or by telephone on 04 74 46 07 10 (toll-free), quoting his order number if necessary.

Informatique et libertés - Cookies

The information collected by ROSTAING when the Buyer places an order and/or creates a customer account is kept in order to provide the best possible service. This information enables ROSTAING to carry out operations relating to customer management, canvassing (e.g. sending newsletters), statistical studies, management of requests for access, rectification and opposition rights, management of unpaid invoices and litigation, management of promotional operations, management of notices or to answer questions put directly to the site administrator.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the Purchaser has the right to access, rectify or object to the data provided by writing to the following address: ROSTAING, 17, av Charles de Gaulle 01800 Villieu Loyes Mollon rgpd@rostaing.fr, or via the "contact" section of the site. ROSTAING undertakes not to communicate this information to third parties.

Only information coming from ROSTAING or via the rostaing.com website can be sent to him.

The Buyer may also configure his/her computer to prevent cookies from being saved. To find out more about cookies, click on the optimal configuration tab.

Intellectual property

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Personal data

The Customer is hereby informed and accepts that ROSTAING may store, process, record and use personal data concerning the Customer or the Customer's staff, collected throughout the performance of the Contract, in compliance with the applicable regulations on personal data.

The collection and processing of this data is necessary for the following purposes: order management, delivery management, invoicing management, and the management of any complaints.

This data is intended only for the competent departments of ROSTAING and third parties involved in the performance of the Contract, as well as for duly authorized third parties in strict compliance with the applicable regulations when such communication is strictly necessary for the declared purpose(s), i.e. ROSTAING's consultants.

Personal data collected in connection with the execution of an order is kept for a period of 10 years from the end of the commercial relationship. In any event, it will not be kept beyond the period necessary for the management of its assignments and any disputes that may arise therefrom, in accordance with the applicable rules of prescription or the rules governing the retention of accounting documents.

In accordance with national and European regulations in force, the customer has the right to request access, rectification, deletion, limitation or opposition to processing, portability of his or her data, to lodge a complaint with the supervisory authority or to define post-mortem directives by contacting the dedicated ROSTAING department at the following e-mail address: rgpd@rostaing.fr.

For more information, the Customer is invited to visit the "Privacy Policy" page in order to learn about the conditions of processing implemented.

Disputes

These general terms and conditions of sale and all transactions referred to herein are governed by French law.

Only the French version of these terms and conditions is binding.

In the event of any difficulty arising in connection with the order or delivery of the Products, an amicable solution will be sought between the parties. Before taking any legal action, the Buyer will have the possibility of seeking an amicable solution with the help of a consumer association or any other advisor of his/her choice. In the event of a dispute, the Buyer is hereby informed of the possibility of resorting to a conventional mediation procedure, in particular with the Commission de la médiation de la consommation (Article L.612-1 of the French Consumer Code) or with existing sectoral mediation bodies, the references of which can be found on the www.rostaing.com website, or to any other alternative dispute resolution method. The Buyer is also informed of the existence of the platform set up online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase by European consumers, and then to forward the cases received to the competent national mediators: https: //ec.europa.eu/consumers/odr/.

Failing agreement within 2 months of notification of the dispute to the other party, any dispute likely to arise from the interpretation, validity or execution of these general terms and conditions of sale and its consequences will be brought before the competent courts under the conditions of common law.

IDU

Ecomaison : FR212122_14PMYY

Re_fashion : FR212122_11FPEX

CITEO : FR212122_01RLVP