General Terms and Conditions of Sale
The www.rosemood.co.uk and www.rosemood.com websites (hereinafter referred to as the “Website”) is published by Rosemood SAS, having its registered office at 27 rue La Nouë Bras de Fer, 44200 Nantes, a company with a capital of €291744, registered at the Nantes Trade and Companies Register under number 499 748 259.
The General Terms and Conditions of Sale set forth below govern contractual relations between any user of the Website (hereafter referred to as the "User"), and the company Rosemood (hereafter referred to as the "Company").
These General Terms and Conditions of Sale are applicable to the User’s use of the Website and purchase of the customised products and replace all other conditions, except as agreed otherwise beforehand, expressly and in writing except that nothing in these General Terms and Conditions shall limit or exclude the User’s legal rights.
As the Company may modify certain of the provisions of these General Terms and Conditions from time to time, it is necessary for them to be re-read before each visit to the Website. Such modifications are binding as soon as they come on line and cannot apply to agreements entered into earlier. Each use of a product or service on the Website is governed by the general terms and conditions applicable on the date of use. By accessing the Website, the User undertakes to comply with its General Terms and Conditions.
Article 1 – Exclusivity of terms
These General Terms and Conditions of Sale apply to any sale made on the Website. The User declares that he accepts them without reservation or restriction, and no sale may be carried out without the acceptance by the User of these General Terms and Conditions of Sale. It is also agreed that, subject to the User’s legal rights, the Company cannot be bound by any declaration or indication not contained on the Website.
Lastly, subject to the User’s legal rights, these General Terms and Conditions of Sale are to the exclusion of all other terms and conditions (including any terms and conditions which the User purports to apply under any offer, acknowledgement or any other document issued by the User).
Article 2 – Products sold
The Website sells card shop products to be customised on-line: wedding announcement cards, invitation cards, reply cards, save-the-date cards, wedding menus, table place-cards, church service booklets, labels, thank-you cards, correspondence cards, greetings cards, birthday cards, birth announcement notices, thank-you cards for births, christening announcement cards, christening notices, sugared almond boxes, posters, stationery….
The card shop products customised by the User with text and photos are printed by the Company or one of its partners and then sent to the User.
The Website also sells matching envelopes for the cards sold, as well as samples of card shop products.
Article 3 – Acceptance of the order
The “Validation of the Order”, at the “Order Summary” stage on the Website, constitutes full and unreserved offer to purchase the products subject to these General Terms and Conditions of Sale. No order can be accepted without the express agreement to these General Terms and Conditions.
Article 4 – Payment for the order
The payment of orders is carried out on-line using the secure HiPay service. The following cards are accepted: Carte Bleue, Visa, Eurocard / Mastercard.
Orders are only accepted by the Company after acceptance of the payment by the Company’s banking partner.
Article 5 – Prices
The prices applicable are those indicated on the Website on the date of the order, given that:
- the prices quoted include VAT and are therefore fully inclusive;
- the prices quoted do not include delivery costs, which are added to the total amount when the order is accepted;
- the prices quoted include matching envelopes for the products ordered (hereafter referred to as the “Envelopes Included”), if the order includes at least one card shop product (excluding samples).
The Company reserves the right to modify its prices at any time except that, subject to the clause below, the prices applied for an order will be the prices listed on the Website on the date of the order.
The Company will take reasonable care to ensure that the prices for the products on the Website are correct. However, it is always possible that, despite using reasonable efforts, some of the products that the Company sells may be incorrectly priced on the Website.
The Company will normally check prices before accepting an order so that, where the product’s correct price at the order date is less than the stated price on the Website, the Company will charge the lower amount. If the product’s correct price at the order date is higher than the price stated on the Website, the Company will contact the User to explain the difference before (if possible) it accepts the order.
If the Company accepts and processes an order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the User as a mispricing, the Company may cancel the order and refund the User any sums it has paid and require the return of any products provided to the User.
The operating mode for the Envelopes Included is as follows:
- for each card shop product unit ordered, an envelope is included. For example, for 50 wedding announcement cards ordered, 50 envelopes will be included;
- the format of the envelopes is adapted to the format of the card shop product ordered;
- the User may choose the colour of the envelope from among the colours offered on the Website, given that all the Envelopes Included will be the same colour;
- the User may choose not to receive the Envelopes Included by ticking the corresponding box at the Choice of Options stage. In this case, a rebate will be applied to the User’s order, by applying a unit rebate per Envelope Included.
Article 6 – Delivery and Delivery time
The products ordered are delivered to the address entered on the Website by the User. It is up to the User to ensure that the address is correct and the Company cannot be held responsible in the event of an incorrect delivery address. If the delivery cannot be made, re-dispatch costs will be charged by the Company to the User, once the User has corrected the address.
The User is offered two types of delivery at the end of his order: Standard shipping managed by DPD UK, and express delivery managed by DHL. In both cases, the delivery conditions are fixed by the terms and conditions of DPD UK or DHL (as the case may be). Subject to the User’s legal rights, the Company cannot be held responsible in the event of any non-compliance with delivery times or any loss or damage incurred and noticed upon receipt of the order.
The delivery prices that will be applied to the order depend on the type of delivery chosen by the User as well as the address indicated by the User (i.e., within the United Kingdom, European Union, outside the European Union). In the event of delivery outside the European Union, the delivery price listed does not include any customs taxes which must be paid by the User, who must also take responsibility for any declarative obligations necessary.
Upon receipt of the order, the User must check the conformity of the order received with the invoice included in the package and with the order that he placed on the Website.
Article 7 – Right to cancel (cooling-off periods)
By virtue of regulation 28(1)(b) of the Consumer Contracts Regulations 2013, the right to cancel does not apply to products that have been tailored in accordance with the User’s specifications or clearly personalised. No right to retract can therefore be applied for the customised cards sold on the Website.
Notwithstanding the above, in the event of failure to comply with certain quality criteria (including if the cards are not: (i) as described; or (ii) of a reasonably satisfactory quality within the meaning of the Consumer Rights Act 2015; or (iii) fit for a purpose which has been expressly notified to the Company prior to completion of the sale), the User has the right to demand the replacement of the customised cards ordered (see articles 8 and 9).
However, the right to retract does apply to any envelopes ordered on the Website, including the Envelopes Included. The User has a period of 30 days starting from the delivery of his order to return and ask for the reimbursement of a product with which he is not satisfied, accompanied by a letter of explanation.
This right can only apply if all the items concerned are returned in their original packaging, accompanied by a copy of the invoice.
Product returns must be sent to the Company’s registered office.
Article 8 – Printing Quality
The customised card products sold on the Website are printed by printing firms with a reasonable level of professionalism. In the event of a clear failure to meet professional quality criteria, the User is invited to submit a claim to the Company, as indicated in Article 9. However, the User expressly acknowledges and agrees that:
- the colour rendition on the Website of the card and envelope product colours is not contractual, including (without limitation) because the colours presented on a computer screen differ depending on the configuration of the computer and the quality of the screen image;
- the rendition on the Website of the paper textures is not contractual for the same reasons; and
consequently, subject to Article 7, the Company’s liability cannot be sought due to a marginal variation between the product as seen on the Website and the product delivered to the User.
Article 9 – Claims
The User may end its agreement with Company to purchase the products if the products received fail to comply on delivery with the quality criteria described in Article 7 and it notifies the Company of this within 30 days of delivery, in which case, the User must contact the Company’s Customer Services by e-mail, specifying the order number (if possible) and the reason for his claim.
To bring a claim, the User must keep the full product received, as well as the original packaging, in order to be able to return the product to the Company in its original state.
In the event of justified claims and the reprinting of the products, the dispatch and return costs will be borne by the Company, but the Envelopes Included will not be resent.
In the event of a justified claim followed by reimbursement, the reimbursement will be made within four weeks of receipt of the original order at the Company’s registered office.
The User acknowledges and agrees that no claims concerning customised elements added by the User (text and photos) can be accepted by the Company. In particular, no claim concerning the format or spelling of the text added by the User, or any claim concerning the quality of the photos added by the User will be accepted by the Company.
Article 10 – Intellectual Property
In this Article 10, the phrase “intellectual property rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
All drawings, illustrations, card models, announcement models, logos, photos, images, text, and similar materials (wherever and howsoever appearing on materials provided by, or on behalf of, the Company) (the “Company Materials”) are the property of the Company and all related rights (including all intellectual property rights) are expressly reserved by the Company.
The User therefore recognises that he must use the products ordered on the Website only for their intended purpose and in a strictly private and non-commercial context and has no other rights in respect of the Company Materials.
Any use of the Company Materials otherwise than in accordance with these General Terms and Conditions of Sale (such as the reproduction, sale, dissemination and publishing of any Company Materials) is strictly prohibited and would constitute infringement leading potentially to enforcement action by the Company.
With the aim of protecting its card and announcement models, the Company reserves the right to print the words "Atelier Rosemood" on the back of the models delivered to the Users, together with the logo and the name of the graphic designer who created the model in question.
Article 11 – Obligations of the User
In the context of his registration on the Website and of an order, the User undertakes to:
- Supply personal data that is accurate at the time of registration (name, contact details, e-mail address…);
- Take the greatest care to ensure lawfulness, respect public order and good moral standards as well as complete dignity and respect for the text and photos added to the customisable card shop products;
- Ensure the conformity of the text added, in particular the spelling of names, the contact details indicated, the event dates, etc…;
- Ensure that the text added does not infringe any intellectual property rights of other persons in any way whatsoever;
- Be the legal owner, or authorised licensee, of all the photos used, having made sure that all said photos are free of rights; and
- Ensure that all the persons mentioned in the text added and present in the photos used have given their consent to the use and disclosure of their name and their image.
The User must only use the Website and the customisable products he has bought in accordance with the rights and obligations in these General Terms and Conditions of Sale. In particular, a breach by the User of an obligation may result in a claim for damages against the Company by a third party. If this happens, the User agrees to compensate the Company for any claim and/or damages (including reasonably incurred legal fees in relation to such claim or damage) made by a third party to the extent the claim and/or damages arise from any breach by the User of these General Terms and Conditions of Sale or the rights of a third party.
Article 12 – Obligations of the Company
The Company warrants that it shall enable the User, as far as possible, to access the Website as well as the products and services. However, as a new technology is involved, the Company does not offer any guarantee in terms of its correct functioning. This obligation to supply the products and services is limited to a reasonable effort warranty. In the event of breakdown, overloading or poor functioning of the Website, or in the event of the use of the Website by a User or third party who disrupts the smooth running of the Website, the Company reserves the right to interrupt or limit the use of the Website.
The Company also warrants that it shall use all reasonable endeavours to maintain the confidentiality of the data transmitted by the User. However, as the transmission of information via the internet is not completely secure, the Company does not offer any guarantee in terms of the confidentiality of the data transmitted by the User.
Limitation of Liability
- Liability which cannot be limited or excluded: Nothing in these General Terms and Conditions of Sale shall limit or exclude either party’s liability for: (i) fraud or fraudulent misrepresentation; or (ii) any other liability which cannot be limited or excluded by applicable law (including, for example, the User’s right to receive products which are: (a) as described and match information the Company has provided to the User; (b) of satisfactory quality; or (c) fit for a particular purpose which the User has made known to the Company).
- Subject to clause A (above), the Company is on no account liable towards the User or third parties for the damages caused by the poor functioning of the Website, such as damages caused to the hardware used for the Website by the User, or damages and disturbances caused to the User or third parties following a loss or modification of private and confidential information, its disclosure to third parties, delays in its transmission or generally following any manipulation of the Website by the User or third parties.
- Limit of liability. Subject to clauses A (above) and D (below), the Company’s aggregate liability in connection with all claims under and/or in connection with these General Terms and Conditions of Sale (whether in contract, tort (including negligence), statutory duty, or otherwise) shall not exceed aggregate price paid by the User under all orders to the Company in the twelve (12) calendar months prior to the event giving rise to the liability (less all amounts previously paid out).
- Exclusion of other liability. The Company is only responsible to the User for foreseeable loss and damage caused by the Company and the ability of a User to recover amounts for such loss or damage is subject to the maximum amount set out in clause C (above). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the relevant accepted order was made, both the Company and the User knew it might happen, for example, if the User discussed it with the Company during the sales process.
To ensure the correct functioning of the Website, the Company stores the User’s text and photos on-line. No use of this text or photos, other than as requested by the User, may be made by the Company without the express authorisation of the latter.
Furthermore, the Company reserves the right to proceed at any time with the deletion of the text and photos added by the User, for technical reasons or for storage space reasons.
Article 13 – Data protection
The Website has been declared to the Information Commissioner’s Office (the British data protection authority).
In accordance with the Data Protection Act 1998 (as may be amended and/or replaced) relating to data processing and privacy, the User is informed that individual or personal data indicated as obligatory and collected within the framework of the use of the service are necessary for the use of said service. These data are destined principally for the Company.
The User has the right to access, rectify and oppose the transfer of these data which he can exercise by writing to SAS Rosemood, 27 rue La Nouë Bras de Fer, 44200 Nantes, France.
Article 14 – Applicable law
These General Terms and Conditions of Sale, as well as any acts and operations carried out in application of these General Terms and Conditions of Sale, as well as the rights and obligations of the parties hereto, are governed and interpreted according to English law.
Article 15 – Competent jurisdiction
Any dispute relating to the validity, interpretation, acceptance or execution of these General Terms and Conditions of Sale which cannot be solved amicably will be referred to the English courts. However, if the User lives in Scotland it can bring legal proceedings in either the Scottish or the English courts and if the User lives in Northern Ireland it can bring legal proceedings in either the Northern Irish or the English courts.