TERMS AND CONDITIONS OF SALE AND USE
OVERVIEW
This website is operated by Rosegold Paris. Throughout the site, the terms "we", "us" and "our" refer to Rosegold Paris. Rosegold Paris offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms and Conditions of Sale and Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions of Sale and Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Sale and Use.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Rosegold Paris, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
.You agree to indemnify, defend and protect Rosegold Paris, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents to which they refer, or your breach of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is deemed to be illegal, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall remain in force after the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice and you will remain liable for all sums due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms and Conditions of Sale and Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in force.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions about the Terms and Conditions of Sale and Use should be sent to us at Contact@rosegoldparis.com
ARTICLE 21 - PRICES
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in euros inclusive of all taxes (VAT + other possible taxes) on the product order page, and exclude specific shipping costs. For all products shipped outside the European Union and/or overseas territories, the price is calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not within the Vendor's responsibility. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Vendor advises the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. Telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, delivery costs also.
ARTICLE 22 - DELIVERY METHODS
Products are delivered to the delivery address indicated during the order and within the specified timeframes. These timeframes do not include the order preparation time. When the Customer orders several products at the same time, these may have different delivery times. In case of delivery delay, i.e., if the order exceeds 30 days from the day of the order, the Customer has the option to terminate the contract under the conditions and modalities defined in Article L 138-2 of the Consumer Code. The Vendor will then refund the product only; return shipping costs are at the customer's expense as indicated in the conditions of Article L 138-3 of the Consumer Code. The Vendor provides a telephone contact point (cost of a local call from a landline) as well as a "track my order" tab indicated on the site to ensure order tracking. The Vendor reminds that at the moment the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
For any undelivered order, the customer has a period of two months to make a claim to the brand so that a new package can be sent. After two months, the tracking number is deleted by the post office, so the brand will no longer be able to verify whether the package has been delivered or not.
ARTICLE 23 - PAYMENT METHODS
Payment is due immediately upon order, including for pre-order products. The Customer can make payment by credit card or PayPal. Cards issued by banks domiciled outside France must necessarily be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider STRIPE. The transmitted information is encrypted using industry best practices and cannot be read during transport over the network \ SSL encryption process. Once payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Vendor to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately terminated by right and the order canceled.
ARTICLE 24 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within a period of fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting the Company in the following manner: by sending an email to: contact@rosegoldparis.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery, such as cosmetic products for example. Please note that the right of withdrawal requires the customer to return the delivered goods to us. Any goods announced as delivered to the customer's mailbox by the carrier, and which the customer is not in possession of, cannot be subject to the right of withdrawal. In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product(s) and shipping costs will be refunded, with return costs remaining the responsibility of the Customer. Returns of products must be made in their original and complete condition (packaging, accessories, instructions); they should, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, send us an email to the following address: contact@rosegoldparis.com, and we will send you the standard withdrawal form to the address to which to return it. Refund procedure: your order will then be canceled and your card re-credited.
ARTICLE 25 - ROSE+ Subscription Program
By selecting the ROSE+ Membership program at checkout, you will be enrolled in a flexible and active subscription offering numerous benefits. Members enjoy special discounts on every purchase, as well as exclusive offers. The benefits of the ROSE+ Membership program are detailed at checkout, in our FAQ section, and on the dedicated ROSE+ page.
The following additional terms apply if you subscribe to the ROSE+ program:
- As a new ROSE+ member, you will be charged €29.90 each month. This amount will be credited to your account as credits, unless you have paused or skipped your subscription for the month, plus an additional 10% discount on all your purchases.
- To pause or skip a month of your subscription, log in to your account or refer to the instructions on the FAQ page.
- ROSE+ credits will be immediately credited to your account and can be used to purchase products at any time.
- ROSE+ credits do not expire as long as you do not cancel your subscription. In case of cancellation, you will be prompted to confirm the loss of any remaining credits. We recommend using your ROSE+ credits before requesting a cancellation. Once lost, credits will not be reinstated.
Purchase Options
Currently, there are two ways to enjoy ROSE+ services via the website, mobile site, and app:
- You can choose the option Purchase as a non-member.
- Alternatively, join our flexible ROSE+ Membership program.
For your first ROSE+ order, you must choose between the "Purchase as a non-member" option or the ROSE+ program at checkout. You will always have the option to change your selection for future purchases.
Purchase as a non-member
The "Purchase as a non-member" option is our one-time purchase option. Buyers pay the displayed price, subject to promotions or discounts.
ROSE+ credits are redeemable only for items. In accordance with ROSE+'s refund policy, ROSE+ credits have no monetary value and cannot be exchanged for cash, unless required by law.
Billing and Account Monitoring
- The ROSE+ subscription will be automatically billed each month if you have not paused or skipped a month.
- ROSE+ members who do not actively monitor their account may accumulate ROSE+ credits.
- ROSE+ members who choose to "skip" a month can still purchase items at any time.
30-Day Refund Policy
ROSE+ credits credited to a user's account are refundable for a period of 30 days, starting at 00:00:00 (Eastern Standard Time) on the day of the month you are billed (the "30-day period").
- To request a refund within 30 days, please access the "My Account" dashboard or contact our customer service.
- To request a refund, you have up to 30 days after your ROSE+ charge; contact us at contact@rosegoldparis.com. Our customer service will be happy to assist with your refund.
- ROSE+ credits are no longer refundable after the 30-day period. Unrefunded credits can be used on the site until December 31st of the current year.
Subscription Cancellation
You are free to cancel your ROSE+ subscription at any time.
To cancel:
- Log in to your account.
- Select the "ROSE+" tab.
- Click on "Manage Subscription," then on "Cancel Subscription" and follow the steps until cancellation is confirmed.
Please note: By canceling your subscription, you lose any unused ROSE+ credits. We recommend using them before requesting a cancellation.
ROSE+ reserves the right to suspend or terminate your ROSE+ subscription, without notice, at its sole discretion, in the event of conduct deemed contrary to our policies, harmful to others or our interests.
Non-Compliance with ROSE+ Membership Program Terms
We reserve the right to pursue any amount you fail to pay under a special program in accordance with these Terms.
Termination
We may terminate any special program or your membership in any of these programs at any time. In the event of termination, we will notify you of the membership and any benefits accrued on your account as part of your membership.
