Effective: 1 November 2018.
The following Terms and Conditions apply, on the one hand, to ROWSE, an SAS (French simplified joint stock company) with capital of €30,000, registered at the Paris RCS under number 842266561, with its head office at 135 rue Saint-Dominique, 75007 Paris, and on the other hand, any person having purchased a product on the ROWSE website (http://www.rowse.co), hereafter “the Customer”. By purchasing on www.rowse.co, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
ARTICLE 1: ELIGIBILITY TO PURCHASE
By placing an order on the Site, the Customer declares having full legal power and authority to enter into the present Terms and Conditions.
ARTICLE 2: PRICES
All prices indicated on the Site are given in Euro, inclusive of VAT. Rowse reserves the right to modify prices without prior notice, and the prices charged to The Customer correspond to those displayed on the Site at the time The Customer placed the order. Rowse will retain the legal ownership of the goods until full payment has been made by the Customer and such payment has been received by Rowse.
ARTICLE 3: PRODUCT INFORMATION
Rowse does its best to present and describe its products in the most precise and accurate manner possible. However, Rowse cannot be held liable or responsible for any errors or omissions. The pictures and videos may not be invoked against Rowse.
ARTICLE 4: ONLINE ORDERS
The order is accepted once the payment has been accepted by Rowse. Rowse reserves the right to refuse an order if there is an existing dispute between Rowse and the Customer, or if Rowse considers the Customer presents a risk of default. In such situation, Rowse reserves the right to request further information from the Customer if deemed necessary, such as proof of identity or address. Should the Customer fail to provide this information within 5 days following the order, the order and payment will be cancelled. Rowse’s commitment to fulfilling orders is subject to stock availability.
ARTICLE 5: DELIVERY TO MAINLAND FRANCE
All orders made before 2:00pm are sent the same week, except for orders placed on Saturdays and Sundays, which can be sent out on the following week, as well as orders placed on bank holidays, which will be shipped on the following working day.
Delivery will be made by Colissimo or FedEx.
Shipping price is €5 by postal services for all orders under €60. Shipping is free for all orders reaching €60 or more.
Rowse does not accept any liability for delayed delivery caused by any third party.
ARTICLE 6: DELIVERY TO OTHER COUNTRIES
Delivery to countries outside of mainland France will be made by Colissimo. Shipping costs can be paid by the Customer and will vary based on the country.
ARTICLE 7: PAYMENT
A. DIFFERENT PAYMENT METHODS
The Customer agrees to the full Terms and Conditions upon approval of his/her order. The Customer pays on the Site (www.rowse.co) by Visa, Mastercard, and American Express credit/debit card, via the Stripe secure payment platform.
B. PAYMENT VERIFICATION
Rowse verifies all orders approved on the Site as a precautionary measure against fraudulent behaviour. As part of this verification process, Rowse’s customer care might request certain information necessary to the final approval of your order, in particular proof of address in your name, or in the name of the person stated on the delivery address, etc.
ARTICLE 8: SECURE PAYMENT - PROTECTION OF BANKING TRANSACTIONS
Online payment takes place via “Stripe”, a remote secure credit/debit card payment system. “Stripe” uses Secure Sockets Layer (SSL) data encryption and transfer technology. Any and all information collected during the remote payment operation is immediately encrypted and saved, 24 hours a day, 7 days a week.
The User is advised that provisions relating to the potential fraudulent use of his/her credit/debit card are those arising from the agreement reached between the User and the banking establishment which issued said credit/debit card.
ARTICLE 9: CANCELLATIONS AND RETURNS
In compliance with articles L.121-20 et seq. of the French Consumer Code, the Customer has up to 14 days after the order’s delivery date to return any new and unopened items, in their original packaging and condition (enabling resale) to ask for a refund without penalties. For exchanges or store credit, the deadlines for returns is up to 30 days after the order‘s delivery date.
To return an item to us, the Customer must place said item (with its packaging intact) in an adequate package. The Customer will also have to include a copy of the bill or any other document enabling the identification of the order and its holder.
Should the order be lost or damaged during its return, the cost of the damage will be at the Customer’s expense. Only Customers identified as such by Rowse may exercise this right. This excludes any other persons, in particular the recipient of the order delivery. The return address is: Rowse 135 rue Saint Dominique, 75007 Paris, France.
Rowse reserves the right to collect data on the Customer. However, in compliance with French law no. 78-17 of 06 January 1978, all Customers or Users of the Site can oppose the use of their data for commercial purposes, and have the right to access, amend or request the deletion of said information. Furthermore, all data collected by Rowse is registered with the French National Data Protection Commission (CNIL).
ARTICLE 11: RETURNS, EXCHANGES
Any Customer may request a product exchange within 15 days following the date of order. Returns of orders sent within mainland France will be paid for by Rowse. Returns of orders sent outside of mainland France will be paid for by the Customer.
The item for which the Customer requests an exchange must be intact, in its original state and packaging. The Customer must include the order number for which the return is requested, the description of the item(s) concerned, as well as an exchange or store credit request.
We recommend you choose shipping with tracking number. Claims sent without tracking numbers, will not be processed.
Should the returned item be refused by Rowse, it will be sent back to the Customer at Rowse’s expense, and the Customer will not be able to request any form of compensation. In the case of returns for which Rowse had not been informed by the Customer, store credit will automatically be generated and awarded to the Customer.
ARTICLE 12: PROMOTIONAL CODES
Promotional codes apply only to base, undiscounted prices. Promotional codes cannot be combined or used with store credit. Promotional codes can be used only once per Customer account, unless otherwise specified by Rowse. These codes will not be refunded within the framework of product exchanges.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
All the content on the www.rowse.co Site, including, but not limited to, images, text, graphics, audio clips is the sole property of Rowse and as such, is protected by French intellectual property and copyright laws.
Under these laws, any reproduction - in whole or in part - of the www.rowse.co Site is strictly forbidden. We grant you a limited license to create hyperlinks to the Site, provided it is done in a fair and legal manner, and said links do not damage our reputation or benefit from our brand notoriety. Links suggesting any form of association or collaboration when this isn’t the case are forbidden. Furthermore, it is also forbidden to create hyperlinks to the Site on sites which you do not own. We reserve the right to revoke links without notice.
ARTICLE 14: LIMITATION OF LIABILITY
Rowse will not be held responsible or liable for any direct, indirect, special, incidental, or consequential damages of any kind resulting from negligence, fault or mistake on the part of the Customer, or resulting from misuse of any of the products sold on the www.rowse.co Site by the Customer. Regarding access to the Site, its consultation, the ordering, payment, delivery, and service processes, Rowse only has a best endeavour obligation. Rowse will not be responsible or liable for any access delays or access interruptions to the site, in particular computer viruses, system failures or malfunctions. In addition, Rowse will not be liable for any force majeure events, as defined by the French Cour de Cassation case-law. Finally, in no event shall Rowse’s maximum aggregate liability exceed the value of the goods ordered.
ARTICLE 15: LEGAL GUARANTEE
Products sold on the www.rowse.co Site are subject to legal guarantee of conformity as stated in articles L. 211-4 et seq. of the French Consumer Code, and guarantee against hidden defects as stated in articles 1641 et seq. of the French Civil Code.
15.1 LEGAL GUARANTEE OF CONFORMITY
Article L. 211-4 of the French Consumer Code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility. Article L. 211-5 of the French Consumer Code: To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. Article L. 211-12 of the French Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.
15.2 GUARANTEE AGAINST DEFECTS IN THE ITEM SOLD
Article 1641 of the French Civil Code: The Seller is bound to a warranty against hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. Article 1648 of the French Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ARTICLE 16: COMPLAINTS - DISPUTES - INFORMATION
If you have any questions, complaints or wish to discuss any matter in respect of the online sales Terms and Conditions implemented by Rowse, please contact Customer Care by email at the following address: email@example.com.
ARTICLE 17: TITLE TO GOODS
Rowse will retain the legal ownership of the entirety of the goods for sale on www.rowse.co until full payment has been made.
ARTICLE 18: GOVERNING LAW
The Customer acknowledges and agrees that these Terms and Conditions, as well as any potential dispute or disagreement between the Customer and Rowse, are governed by French law. Furthermore, the internet user (or Customer) agrees that in case of dispute following access to or a purchase on www.rowse.co, the relevant French courts will have exclusive jurisdiction.
The www.rowse.co e-commerce site is owned by Rowse, an SAS (French simplified joint stock company) with capital of €30,000 registered at the Paris RCS under number 842266561, with its head office at 135 rue Saint Dominique, 75007 Paris. Rowse’s intra-Community VAT number is FR38842266561.
Customer care can be reached by email at the following address: firstname.lastname@example.org.
PERSONAL DATA PROTECTION NOTICE
1. DATA COLLECTION AND GENERAL USE
a. Ordering: When you place an order on the Site, we collect your data in order to best process your order and handle the shipping of the products you bought. This data is also stored for security reasons, in compliance with legal and regulatory obligations, as well as to help us improve and personalise our offers. Your email address will be used to send you an order confirmation, and communicate with you when necessary. Your email address will also enable you to log in to your user account. Personal data collected on www.rowse.co is exclusively reserved for Rowse.
b. Connecting to your user account: When you place an order on the Site, we give you the possibility to access your password-protected “User Account”. Accessing your account will enable you to view information relating to past orders, and correct your personal information if necessary. It is vital you never share your “User Account” details with third parties, as this account is for your personal use only.
c. Advertising: We use data concerning you to send you information on our products, and recommend items sold on the Site which might interest you. We use email advertising only within the limits set by the law or with your authorisation.
d. Subscribing to the newsletter: If you decide to register to our newsletter, you will receive information regarding promotional offers which you will be able to interrupt at any given moment. The data collected as part of your inscription to our newsletter enables us to provide you with more relevant commercial offers.
e. Accessing the Site: For security reasons, during your visit the following data may be collected and temporarily stored: domain name or IP address, http response code, number of octets transmitted, your referring URL. This data is collected anonymously (the data collected is never linked to an ID) and enable us to provide our users with more relevant offers.
2. DATA COLLECTION THROUGH COOKIES
By accessing our Site you consent to the processing of data about you by Google for the purposes set out above.
3. SECURE DATA TRANSFER
Our Site is protected by a security system. We use Secure Socket Layer (SSL) technology to ensure your data is protected against loss, destruction, access, alteration, or dissemination by unauthorised third parties.
4. YOUR RIGHTS
4.1 Access rights and other rights: In accordance with the provisions of French Act No 78-17 of 6 January 1978 on Data Processing, Files and Individual Liberties, You have the right to access, modify, rectify and delete any data concerning you. For all requests regarding the processing of your personal data, or to exercise your rights, please contact us in writing with your contact details at the following address: SAS Rowse, 135 rue Saint Dominique, 75007 Paris, France.
4.2. Right of objection and revocation: You can object - in whole or in part - to the use of your personal data for advertising purposes or market research at any time. To do so, simply send a written notification of your request, by email, fax or mail to the aforementioned address.