The present general terms and conditions of sale (hereinafter the " GTC ") apply to all purchases made by any non-trading individual (hereinafter the " Customer") on the website www.laromaine-editions.com (the " Website ") published by La Romaine Editions, SAS with a capital of 1,000 euros, R.1,000, R.C.S. Paris 895 210 235, whose registered office is located at 15 boulevard Henri IV, 75004 Paris (" La Romaine Editions" or " we ") and hosted by SHOPIFY Inc whose registered office is located at 126 York St. Ottawa, ON KIN 5T5, Canada.
In this context, the Customer and La Romaine Editions agree that the GTC exclusively govern the conditions of use of the website, together with the order, as accepted by La Romaine Editions.
Therefore, by placing an order on the Site :
- The Customer acknowledges that he/she has full capacity to bind you under the T&Cs; and
- The Customer accepts without reservation the GTC and agrees that all deliveries and offers of La Romaine Editions are made exclusively on the basis of these GTC.
La Romaine Editions reserves the right, at any time, to modify, change or periodically update these GTC. The Customer must accept the modifications before any subsequent orders.
At any time, Customers may contact La Romaine Editions' customer service department using the contact details specified in article 12.
ARTICLE 1 - DEFINITION
The terms used below have the following meaning in the GTC:
Refers to any non-trading natural person who purchases one or more Products via the Site. The Customer must be at least 18 years of age and have legal capacity or, if he or she is a minor, be able to prove the agreement of his or her legal representatives;
La Romaine Editions
Designated La Romaine Editions, SAS with a capital of 1,000 euros, R.C.S de Paris 895 210 235, whose registered office is located at 15 boulevard Henri IV, 75004 Paris;
Refers to the first presentation of the Products ordered by the Customer at the delivery address indicated at the time of the order;
Refers to one or more products that can be ordered on the Site, the Products are offered within the limits of available stocks. La Romaine Editions makes every effort to ensure that the photographic representation of the Products is as accurate as possible. However, it is possible that your perception of the photographic representation of the Products on your own screen does not correspond exactly to the Product.
Refers to the website www.laromaine-editions.com;
Refers to Metropolitan France, DOM TOM and Belgium;
ARTICLE 2 - PURPOSE
The purpose of the GTC is to define the contractual relationship between La Romaine Editions and the Customer and the conditions applicable to any purchase made through the Site, excluding other sales made in particular in shops, which are governed by the general conditions concerned.
The buyer is clearly informed and acknowledges that the Site is intended for consumers and that professionals must contact the sales department of La Romaine Editions in order to benefit from distinct contractual conditions at the following email address: firstname.lastname@example.org.
The acquisition of a product through this site implies unreserved acceptance by the Customer of the GTCs, which the Customer acknowledges having read prior to ordering. Prior to any transaction, the Customer declares on the one hand that the purchase of Products on the Site is not directly related to his/her professional activity and is limited to strictly personal use and on the other hand that he/she has full legal capacity, allowing him/her to commit to the GTC.
La Romaine Editions reserves the right to modify these terms and conditions at any time, in order to comply with any new regulation or in order to improve the use of its site. Therefore, the applicable GTC will be those in force at the date of the order by the buyer.
ARTICLE 3 - ACCEPTANCE OF THE GCV
The Customer undertakes to read the GTC carefully and to accept them by ticking the box reserved for this acceptance and marking the Customer's consent to the GTC, before proceeding to the payment of an order for Products placed on the Site.
The GTC are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the order. The Customer is invited to read carefully, download and print the General Conditions and to keep a copy.
La Romaine Editions advises the Customer to read the GTC with each new order, as the latest version of the said Conditions applies to all new orders of Products.
ARTICLE 4 - ORDERING PRODUCTS
4.1 The Products
It is reminded that the Products sold by La Romaine Editions comply with the French regulations in force and are marketed within the limits of available stocks. They are described as precisely as possible (product sheets, photographs, etc.). Nevertheless, the Customer is invited to contact La Romaine Editions' customer service to obtain any useful information.
In the event that stocks are exhausted, La Romaine Editions will endeavour to indicate this clearly and to make it impossible to purchase the Product concerned. It is possible that a product ordered is no longer available.
In case of unavailability, La Romaine Editions can, at the Customer's request :
- Or offer to ship all Products at the same time as soon as the out-of-stock Products become available again,
- Or proceed with a partial shipment of the available Products in the first instance, and then with the shipment of the rest of the order when the other Products are available, subject to clear information concerning the additional transport costs that may be incurred,
- Or propose an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his order for unavailable Products, he will be reimbursed for all sums paid for the unavailable Products at the latest within fourteen (14) days following the date on which the Customer decided to cancel his order.
Orders for Products are placed directly on the Site. To place an order, the Customer must follow the steps described below (please note, however, that depending on the Customer's home page, the steps may differ slightly).
4.2.1. Product selection
The Customer must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product has been selected, the Product is placed in the Customer's basket. The Customer may then add as many Products as he/she wishes to his/her basket.
A summary of his order is then proposed to him (product reference, quantities, unit price, price including VAT...) so that he can, if necessary, modify his order.
On this occasion, La Romaine Editions informs the Customer of the authorised means of payment, the delivery terms and conditions, and the possibility of returning the ordered products within 14 days of the date of their delivery.
4.2.2. Terms of delivery
Once the order has been finalised, the Customer is invited to : (i) identify themselves using their La Romaine Editions login details or by filling in the mandatory fields if they decide to proceed with their order without registering; (ii) choose or fill in their delivery and invoicing addresses; (iii) choose the delivery terms for the products (delivery time, method, price, etc.) from the options offered on the Site.
The information that the Customer provides to La Romaine Editions when placing an order must be complete, accurate and up-to-date. La Romaine Editions reserves the right to ask the Customer to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
The Customer is invited to check the content of his/her order (including the quantity, characteristics and references of the Products ordered, the billing address, the means of payment and the price).
4.2.3. Payment and confirmation of the order
Once the content of the order has been verified, the Customer (i) is informed that his/her order implies an obligation to pay and that the personal data necessary for the processing of his/her order and the GTC are collected by La Romaine Editions, (ii) chooses a method of payment from among those proposed, (iii) accepts the GTC and (iv) proceeds with payment. The Customer may also (v) choose whether or not personal data concerning him/her is collected and processed by La Romaine Editions under the conditions of article 11.
4.2.4. Acknowledgement of receipt
Once the order has been paid, a confirmation message summarising the essential characteristics of the order and containing (or allowing the Customer to download or print) the General Terms and Conditions of Sale is sent to the Customer (failing which, the Customer is invited to contact La Romaine Editions' customer service).
La Romaine Editions reserves the right to refuse an order. In this case, La Romaine Editions will inform the Customer as soon as possible, giving the reasons for the refusal, and will reimburse the Customer in full within 14 days of the order being placed.
ARTICLE 5 - PRICES
The price of the Products is quoted in euros, including all French taxes (French VAT and other applicable taxes), but excluding delivery costs, which are notified to the Customer when the order is placed. In the event of a change in the VAT rate, the price will be automatically modified without any prior notice other than the date on which the new rate becomes payable. For orders exempt from VAT, the provisions of the General Tax Code shall apply.
The prices indicated on the Site may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the Site on the date the order is placed by the Customer.
Price reductions are established in relation to reference prices which generally correspond to the prices offered to regular customers outside the reduction period in question.
ARTICLE 6 - PAYMENT
6.1. Means of payment
The Customer can pay for his Products online on the Site by the means proposed by La Romaine Editions.
The Customer guarantees La Romaine Editions that he/she holds all the authorisations required to use the chosen method of payment.
La Romaine Editions will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the Site.
In this respect, it is specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
6.2 Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the customer service department of La Romaine Editions in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.
The products ordered remain the property of La Romaine Editions until full payment is received.
ARTICLE 7 - DELIVERY
The Products offered can only be delivered to the Territories mentioned in Article 1. It is impossible to place an order for any delivery address located outside these Territories.
When placing their order, Customers are invited to choose from the delivery methods offered by La Romaine Editions.
The Products are sent to the delivery address(es) that the Customer will have indicated during the ordering process. The carrier may contact the Customer to inform him/her of a delivery date and/or to make an appointment for such a date.
La Romaine Editions will notify the Customer of any shipment of an order by sending an email allowing the Customer to track the shipment. Delivery will be deemed to have taken place when the Customer or a third party designated by the Customer, and other than the carrier proposed by La Romaine Editions, takes physical possession of the product.
Delivery costs are indicated in € including VAT and are payable by the Customer. These costs may vary depending on the weight, volume and nature of the Products, as well as the carrier, the delivery method and the place of delivery. The delivery costs are notified to the Customers when they place their order.
For Customers located outside the European Union, customs duties may apply in accordance with the regulations in force. Customs taxes are the responsibility of the Customer. It is therefore the responsibility of the Customer to find out the amount of these taxes from their local customs office.
In view of the customs clearance, delivery times may be extended.
As a general rule, delivery times are between 5 and 7 working days for metropolitan France, Corsica and Monaco and 7 to 12 days outside these territories. However, please note that these delivery times are given as an indication only and are not binding on La Romaine Editions. The delivery of several Products from the same order may be fragmented (the Customer will be informed by email).
In the event of a delay in delivery of more than 30 days, the Customer may cancel the order by registered letter with acknowledgement of receipt or by writing on another durable medium addressed to the customer service department of La Romaine Editions, if, after having requested La Romaine Editions, in the same way, to make the delivery or provide the service within a reasonable additional time, La Romaine Editions has not complied with this deadline. In such a case, the order will be considered as cancelled upon receipt by La Romaine Editions of the letter or writing informing it of this cancellation, unless La Romaine Editions has performed in the meantime. In the event of cancellation of an order in the aforementioned manner, La Romaine Editions will reimburse the Customer for all sums paid, at the latest 14 days after the date of cancellation.
Any apparent anomaly concerning an order (number of units, state of the packaging, etc.) must be precisely indicated (detailed description of the anomaly) by the Customer on the carrier's delivery slip, in the presence of the carrier. The Customer must immediately inform La Romaine Editions by providing any useful evidence (photograph, description of the anomaly...). An apparent anomaly means any anomaly that should normally be detected by a normally attentive and informed consumer. Failing this, the products shall be deemed to have been delivered free of any apparent anomaly. It is therefore up to the Customer to preserve his rights vis-à-vis the carrier under the conditions provided for in Article L.133-3 of the French Commercial Code (motivated confirmation of the anomaly to the carrier by sending a registered letter within 3 days, not including public holidays, following receipt of the products concerned.
ARTICLE 8 - GUARANTEES
All Products benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-conforming products at no cost.
When acting under the legal guarantee of conformity, Customers :
- Have a period of 2 years from the delivery of the goods to act;
- Can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- Are exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of a new good and the 6 months following the delivery of a second-hand good.
In addition, it is also recalled that :
- The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted;
- Customers may decide to invoke the guarantee against hidden defects in the item sold provided for in Article 1641 of the Civil Code and may thus choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
8.1. Legal guarantee of conformity - reminder of the legal texts
Article L.217-4 of the 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 defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code: To be in conformity with the contract, the goods must :
1/ Be fit for the purpose ordinarily expected of similar goods and, where appropriate :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, in particular 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.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product (Article L.217-7 of the Consumer Code).
Article L.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code :
If repair and replacement of the goods is not possible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is available to him:
1/ If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2/ Or if this solution cannot be achieved without major inconvenience to the consumer, given the nature of the property and the use he is seeking.
However, the sale cannot be rescinded if the lack of conformity is minor.
8.2. Guarantee against hidden defects - reminder of legal texts
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unsuitable for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price for it, if he had known about them.
Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he shall only be obliged to refund the price and reimburse the purchaser for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
8.3. Exclusion of warranties
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty.
The guarantee will not apply to visible defects. The guarantee does not cover products damaged during transport or due to misuse.
8.4 Implementation of guarantees
In the event of non-conformity or hidden defect of the Product, the Customer must address his complaint to the customer service department of La Romaine Editions. The exercise of these guarantees is free of charge for the Customer, in accordance with article L.217-11 of the French Consumer Code, provided that the Customer is entitled to claim the benefit of these guarantees.
The Customer is informed that :
- He has a period of two years from the date of delivery of the property to act;
- He may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L217-9 of the Consumer Code;
- He is exempted from proving the existence of the lack of conformity of the goods for the full duration of the legal guarantee, i.e. 2 years following the delivery of the goods.
La Romaine Editions regularly carries out tests on the conformity of the products sold and the proof of conformity of the batches analysed, which are kept on the premises of La Romaine Editions, may, if necessary, be used against the Customers.
In the event that La Romaine Editions finds that the legal guarantee of conformity or hidden defects has been abused or used in bad faith (abnormally high frequency of use, product returned not corresponding to the product purchased, product returned late and in an obviously depreciated condition, non-conformity of a product which is clearly the result of inappropriate use by the Customer, etc.), La Romaine Editions reserves the right to give the Customer formal notice to present, within a period of eight (8) days, its observations on the reproached grievance. In the absence of a reply or a satisfactory response, La Romaine Editions reserves the right to invoice the Customer for compensation proportional to the management costs incurred in dealing with an abusive or bad faith request.
ARTICLE 9 - WITHDRAWAL
9.1 Right of withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of the Products ordered to exercise his legal right of withdrawal without having to give reasons for his decision.
The right of withdrawal cannot be exercised for the contracts listed in articles L. 221-2 and L. 221-28 of the Consumer Code, in particular
- The supply of goods made to the consumer's specifications or clearly personalised;
- The supply of goods that are likely to deteriorate or expire rapidly;
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
- The provision of accommodation services, other than residential accommodation, transport of goods, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time;
- Relating to a tourist package, the use of timeshare or long-term holiday products, the transport of persons.
The Customer is thus informed that Products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection cannot benefit from the right of withdrawal (in particular, and without this list being considered exhaustive, cosmetic products from which the lid has been removed).
Therefore, the returned Product must not have been opened and must be in perfect saleable condition.
These provisions apply without prejudice to the legal guarantees provided for in the GTC which remain fully applicable.
The terms and conditions of the right of withdrawal are set out in the section entitled "Terms and conditions for exercising the right of withdrawal", which is available in Annex 1 hereof and can be accessed at the bottom of each page of the SITE via a hypertext link.
9.2 How to exercise the right of withdrawal
9.2.1 Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product.
In the event that the Customer has ordered several Products via a single order giving rise to several deliveries (or in the event of an order for a single Product delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last Product delivered.
9.2.2. Notification of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous statement to : La Romaine Editions, 20 rue de La Glacière, 75013 Paris, France or email@example.com
The following withdrawal form can be used as a model for exercising the right of withdrawal:
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of La Romaine Editions, a simplified joint stock company with share capital of 1,000 euros, R.C.S. Paris 895 210 235, whose registered office is located at 15 boulevard Henri IV, 75004 Paris
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of the services (*) below:
Ordered on (*) / received on (*):
Name of Client(s):
Address of Client(s):
Signature of Client(s) (only in case of notification of this form on paper):
(*) Delete as appropriate.
In order for the withdrawal period to be observed, the Customer must send his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.2.3 Effects of withdrawal
In the event of withdrawal by the Customer, La Romaine Editions undertakes to reimburse all sums paid for the Product ordered and returned by the Customer, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which La Romaine Editions is informed of the Customer's wish to withdraw.
In case of return of a part of the order, La Romaine Editions will reimburse the delivery costs in proportion to the number of items returned, except in the case of fixed delivery costs.
La Romaine Editions will proceed with the refund using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to a different means, in any case, this refund will not incur any costs for the Customer.
La Romaine Editions may postpone the refund until it has received the goods or until the Customer has provided proof of dispatch of the goods, whichever comes first.
9.2.4 Return procedure
The Customer must, without undue delay and, in any case, no later than fourteen (14) days after communicating his decision to withdraw from this contract, return the goods to : La Romaine Editions, 20 rue de La Glacière, 75013 Paris, France.
This period shall be deemed to have been observed if the Customer returns the goods before the expiry of the fourteen-day period.
9.2.5 Return costs
The Customer shall bear the direct costs of returning the goods.
9.2.6 Condition of the returned goods
The Product must be returned according to the instructions of La Romaine Editions and include all the accessories delivered.
The Customer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Products.
The Customer shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The Products must be returned to La Romaine Editions in a condition suitable for resale (products in perfect condition with their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Customer informed La Romaine Editions of his decision to withdraw from the distance selling contract and at the latest within fourteen (14) days from the date on which the Customer received the order.
Returns of products sent back after this period will not be accepted.
ARTICLE 10 - INTELLECTUAL PROPERTY
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of La Romaine Editions. Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the authorisation of La Romaine Editions in writing.
This authorisation from La Romaine Editions will not be granted on a permanent basis. This link must be removed at the request of La Romaine Editions. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.
Furthermore, in the course of its activity, La Romaine Editions is also required to distribute and/or represent and/or reproduce trademarks owned or held by its suppliers. All elements relating to these brands as they appear on the Site or in the communications of La Romaine Editions are also protected and may not be copied without permission.
Any infringement of these elements, whether or not they are protected by intellectual and/or industrial property law, will be immediately prosecuted (including criminally) and punished.
ARTICLE 11 - PERSONAL DATA AND COOKIES
11.1. Personal data
In this context, La Romaine Editions undertakes, unless otherwise provided for by law, to obtain the consent of its Customers each time it collects personal data concerning them (for example by means of cookies).
La Romaine Editions processes all the data you enter on the Site or when you communicate with La Romaine Editions, namely
- Name, first name, date of birth;
- Postal address, email address, mobile phone number
- Delivery address;
This data is collected and processed for the purposes of customer management, loyalty and promotion, management of orders and unpaid invoices, litigation and customer reviews... It is kept for the time strictly necessary to achieve these purposes and is never communicated to third parties, unless this is necessary for the execution of the GTC.
The Customer's personal data is communicated to La Romaine Editions and its employees, La Romaine Editions' subcontractors (delivery service, host, IT maintenance provider, email and SMS sending service provider, etc.), administrative or judicial authorities or to its external counsels (only within the framework of the management of possible disputes, litigations or any other legal matter if necessary).
The fact that a Customer does not communicate to La Romaine Editions the data concerning him or her that are compulsory may result in the impossibility of using the Site or placing an order.
In accordance with the regulations on the protection of personal data, you have the following rights regarding your personal data:
- a right of access to your personal data allowing you to obtain clear, transparent and understandable information about how La Romaine Editions uses your personal data and your rights (as provided in this policy), as well as a copy of your personal data.
- a right of rectification of your personal data allowing you to obtain the modification of your personal data if they are obsolete, inaccurate or incomplete.
- a right to object to the processing of your personal data when it is based on the legitimate interests of La Romaine Editions. Thus, La Romaine Editions will cease processing, unless there are compelling legitimate reasons that override your interests, rights and freedoms, such as compliance with a legal obligation (such as an obligation on La Romaine Editions to retain certain personal data) or the establishment, exercise or defence of legal claims.
- a right to temporarily restrict the processing of your personal data, in particular for the purpose of carrying out checks, namely :
- when you dispute the accuracy of your personal data, while we check that it is correct;
- if the processing is unlawful and, rather than requesting their erasure, you prefer to restrict their use;
- if La Romaine Editions no longer needs your personal data for processing but it is still necessary to enable you to establish, exercise or defend a legal claim;
- if you object to the processing in application of your right to object, during the period of verification aimed at confirming that the legitimate reasons pursued by La Romaine Editions prevail over yours.
- a right to withdraw your consent at any time for the purposes for which we have collected your consent.
- a right to the portability of your personal data allowing you to receive the personal data you have provided to us, in a structured, commonly used computer format, and to have it transmitted to a third party if technically possible. This right does not apply in all circumstances, it only applies if it meets all of the following conditions:
- it only covers your personal data, excluding any anonymous data or data from third parties;
- it does not infringe on the rights and freedoms of third parties, and in particular those of La Romaine Editions (in particular intellectual property);
- it concerns personal data processed automatically (paper files are therefore not concerned);
- the processing is based on your consent or the execution of a contract between you and La Romaine Editions.
- a right to erasure of your personal data (or right to be forgotten) where one of the following grounds applies:
- you object to the processing of your personal data and there is no compelling legitimate reason to continue processing it (such as the obligation on La Romaine Editions to retain certain personal data);
- you decide to withdraw your consent on which the processing is based;
- when your personal data are no longer needed for the original purposes for which they were collected or for another type of processing;
- the use made of your data does not comply with the applicable legal or regulatory provisions.
- a right to set out either general or specific instructions regarding your personal data in the event of your death (e.g. deletion or transfer to any person of your choice). You may revoke your instructions at any time.
Cookies and other tracers (hereinafter " Cookies ") are technologies that store or retrieve information about your browser or terminal (computer, mobile phone, tablet, etc.).
They may be deposited and/or read, for example, when consulting a website, a mobile application, or when installing or using software, regardless of the type of terminal used.
Cookies do not allow you to be identified by name, but only to identify the terminal used.
Most browsers accept the deposit of Cookies by default. However, the Customer can configure his browser so that Cookies cannot be deposited on his terminal.
The Customer may also configure his browser to be notified each time a request for the placement of Cookies is made, to refuse all Cookies or to allow the placement of only certain categories of Cookies. If the Customer refuses the Cookies, he/she can still use the Site, but at the risk of not being able to benefit from all the functionalities of the Site.
Depending on the browser used, the Customer must follow the instructions available on the sites listed below:
- Safari browser
- Google Chrome browser
- Microsoft Edge browser
- Internet Explorer browser
- Firefox browser
ARTICLE 12 - HANDLING OF COMPLAINTS - LIABILITY
At any time, Customers may contact La Romaine Editions' customer service by email at firstname.lastname@example.org or in writing at the following address La Romaine Editions, 20 rue de La Glacière, 75013 Paris, France.
ARTICLE 13 - LIABILITY
13.1 Failure by the Customer
Failure by the Customer to comply with the obligations set out in the GTC (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of access to the Site, or even the termination of the Customer's account, depending on the degree of seriousness of the acts in question, without prejudice to any damages that La Romaine Editions may seek.
13.2 Responsibility of La Romaine Editions
La Romaine Editions, in the online sales process, is only bound by an obligation of means; its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or other involuntary problems.
La Romaine Editions cannot be held responsible in the event of non-execution or poor execution of the contractual obligations attributable to the Customer, in particular when placing the order.
La Romaine Editions cannot be held responsible, or considered as having failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts.
It is furthermore specified that La Romaine Editions does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all responsibility for the information published on these sites. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.
The Customer is responsible for determining that the Products are suitable for the Customer's intended use.
Within the limits defined by law, the liability of La Romaine Editions in the event of a breach of its obligations as defined in the GTC or by other legal provisions (including defects inherent in the Product) is limited to the reimbursement or replacement of the Products concerned.
The Customer, prior to placing an order, declares that he/she has full legal capacity to commit himself/herself under the GTC. La Romaine Editions cannot be required to verify the legal capacity of its visitors and Customers. Consequently, if a person who does not have legal capacity orders items on the Site, his/her legal guardians (parents, tutors, etc.) will assume full responsibility for this order and will have to pay the price.
La Romaine Editions shall not be held liable for the obligations of the GTC if the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts or to any other event that was not reasonably under the exclusive control of La Romaine Editions.
The information accessible on the Site is provided "as is" without any guarantee of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Site or their suitability for the use the Customer intends to make of them.
La Romaine Editions declines all responsibility for direct and indirect damage, whether foreseeable or not, caused by the use of the Site. In the event that the liability of La Romaine Editions should be established and retained due to a prejudice suffered by the Customer and attributable exclusively to the placing of an order, this is limited to the amount of the order paid by the Customer.
Any claim filed by a user, including any Customer, against La Romaine Editions must be formulated within 6 months of the occurrence of the event that is the subject of the claim.
ARTICLE 14 - MEDIATION
In the event that a dispute could not be resolved directly between the parties, the Customer is informed that he/she has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of his/her dispute, after having taken note of the information published on the mediator's website www.medicys.fr (MEDICYS - 73, Boulevard de Clichy 75009 Paris.
The Customer may also attempt to resolve the dispute through the online dispute resolution platform: https: //ec.europa.eu/consumers/odr/main/.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
The GTC are subject to French law and any dispute relating to their execution or interpretation will fall under the jurisdiction of the courts of Paris, subject to the applicable rules of public order.
In this respect, it is recalled that Article R 631-3 of the Consumer Code provides that the " consumer may refer the matter either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the court of the place where he or she lived at the time of the conclusion of the contract or of the occurrence of the harmful event. »
Prior to any legal recourse, negotiation in a spirit of loyalty and good faith shall be preferred with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity.
The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties have not managed to reach an agreement, the dispute shall be submitted to the competent court designated above.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in relation to the dispute which is the subject of the negotiation. By way of exception, the parties are entitled to apply to the interlocutory court or to seek an order on application. A possible action before the summary court or the implementation of a procedure on request does not imply any waiver of the amicable settlement clause by the parties, unless they expressly wish otherwise.