GENERAL SALES CONDITIONS for online sales on ROSEBUDS.NET website
effective from 14th June 2010, twelve o'clock

Purpose

The general sales conditions below are the terms and conditions of online sales of products offered by :

ROSEBUDS sarl
limited liability company
registered under n° RCS 7402 B 443 243 670 with the Trade and Company Register of ANNECY
since 10th Sept. 2002
with a capital of 11.300,00 euros
Registered officebased at 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE
E-mail adress : info@rosebuds.net
SIRET n°443 243 670 00066
VAT individual identification n° FR23443243670

hereby designed as « ROSEBUDS »,
on its e-commerce website available on www.rosebuds.net
hereafter referred to as « the site ».

Present general sales conditions implementation

The present general sales conditions shall apply to all sales placed online from the site.
They are applicable excluding any other general sales conditions. In ordering on the site, the customer fully accepts, without reserve, the present general sales conditions.

ROSEBUDS reserves the right to modify the present general sales conditions at any time.
However, it is specified that the conditions applicable to the order are always those in effect at the time of the order.

Offer duration

ROSEBUDS reserves the right to remove one or several product references offered on the site at any time.
Products are on offer during the period of online presentation by ROSEBUDS.
However, the offer is valid only within the limit of available stocks and, for some products, only for a determined period and the quantities mentioned on the site.

Geographical offer

The offer of products presented on the site is valid for all countries.

Products description

The products presented on the site are the subject of an online description of their main characteristics.
Photographs used with the descriptions do not warrant a perfect similarity with the offered product.

The customer must refer to the description of each product to know precisely the main characteristics.
ROSEBUDS is at the customer's disposal for any further detail and information concerning the products presented on the site :
(from Monday to Friday, 8 to 12 and 2 to 5 p.m)
e-mail address : info@rosebuds.net,
or postal address : ROSEBUDS, 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE

Product warranty

The products offered on the site comply with the French legislation in effect and with the regulations implemented in France.
Materials used for the manufacture of our products are guaranteed by our suppliers to comply with European Union norms.
Metals, metals alloy and possible surface processing are guaranteed by our suppliers to be hypoallergenic, especially with nickel-free components.

The products offered on the site benefit from all the French legal guarantees. ROSEBUDS shall not in any way or on any grounds be held liable should the product not comply with a foreign legislation. The customer wishing to import, export or use outside of the French territory one of the products presented on the site, should make sure, beforehand and on his own responsibility, that the product complies with the legislation which could be applicable in such a case.

Prices

Prices of the products offered on the site remain valid as long as they are available through ROSEBUDS website.
However, for some products, prices are valid only for the specific periods indicated on the site.
ROSEBUDS reserves the right to modify, with an increase or a decrease, the sales price of the products presented on the site at all times.It is specified that the price applicable to the order is always that in effect at the time of the order.
However, should French taxes or those of another European Union country which could be applicable to the order be modified, the repercussion would be immediate, including for orders currently being processed.
Prices, special offers or price reductions offered on the site are only valid for orders placed on the site. Sales price of products offered on the site are indicated in EUROS, all French taxes included, except for delivery charges.
Under the conditions foreseen at the next article, the order summary shall indicate :
- for orders to metropolitan France and to European Union countries : the total price of the order to be paid by the customer, delivery charges, taxes, custom duties or others, included.
- for orders to French overseas departments and territories (DOM TOM), or foreign countries outside of the European Union : the total price of the order to be paid by the customer, delivery charges included, but taxes, dock dues (octroi de mer), custom duties or others, not included. The customer will be solely and fully liable for all taxes, octroi de mer, custom duties or others which could be applied by any administration, authority or competent organisation. The customer shall also be in charge of all formalities or possible declaration to administration, authority or competent organisation. ROSEBUDS is in no way required to verify or inform the customer about taxes, octroi de mer, custom duties or others, formalities or declaration applicable in such a case.

Ordering Process

Ordering products presented on the site is carried out online from the site, according to the following process :
1. Choice by the customer of one or several products,
2. Indication by the customer of data relevant to himself necessary to complete the order,
3. Summary and verification by the customer of his personal data necessary to complete the order with the possibility of modification and of specifying a delivery address different from the invoicing address,
4. Summary and verification by the customer of the order and its total price, VAT included (for orders to European Union countries), possible discount and possible not included postal charges, with the possibility for the customer to delete all or part of the selected products.
5. Insertion by the customer of the possible discount code,
6. Choice by the customer of the delivery mode,
7. Indication of the total amount of the order, VAT (for orders to European Union countries), possible discount and possible shipping costs included,
8. Full acceptance, without reserve, of the present general sales conditions by the customer,
9. Choice of the payment mode by the customer,
10. Order summary indicating the total price, in accordance with the previous article, selected payment mode and limit delivery date,
11. Final order confirmation by the customer.
Each of these order steps can be viewed on a screen page or on a specific part of the screen page. The customer has access to each step only after validating the previous one.
Up until the final order confirmation, which concludes the sales contract, the customer can freely go back to previous steps, especially for modification purposes.When the payment of the order is fully collected, ROSEBUDS shall acknowledge receipt of the order, without undue delay, to the electronic address provided by the customer.
When ordering, the customer will make sure to indicate an existing, valid, proper and unsaturated electronic address.

Effectual contract and safe keeping

The sales contract relating to the order materializes with :
the general sales conditions for online sales effective at the time of the order,
acknowledgement of receipt of the order and invoice sent to the customer.
ROSEBUDS shall safely keep these elements in numeric data during the French legal filing duration, applicable to the order.
During this same period, the customer can obtain copies of these documents at his own request at the electronic address info@rosebuds.net
or the postal address : ROSEBUDS 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE

Payment

The payment of the order price shall be made in EUROS, excluding any other currency, whatever the customer's nationality and wherever the order delivery place may be. The payment shall be made according to the payment mode selected by the customer at the time of the order among the payment possibilities offered :
- via banking card, directly on the site (secured payment via online payment system STRIPE OR PAYPAL),
- via cheque drawn on a bank domiciled in metropolitan France (the customer shall send his payment made out to SARL ROSEBUDS, at the postal address : ROSEBUDS 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE - with copy of the order form printed by the customer upon completion of his order.
- via transfer payment, being specified that the customer shall take charge of transfer costs, according to his bank rates, in addition to the total price of the order (the customer shall indicate the order reference on the transfer order made out to the following banking data :
SARL ROSEBUDS
IBAN : FR76 – 1680 – 7000 – 3530 – 7923 – 3721 – 645
CODE BIC : CCBPFRPPGRE
- via cash on delivery (COD), only for deliveries to France, Spain, Italy, Belgium, Switzerland and Luxemburg and for deliveries with COLISSIMO SUIVI. It should be noted that the customer shall have to take charge of the additional costs connected with this payment mode, according to the postal service rates, in addition to the total order price.
The full and perfect collection of the order price shall entail order processing and property transfer of the ordered products to the customer.

Unavailability

Should the product ordered be unavailable, the customer shall be informed without undue delay by electronic mail at the address provided at the time of the order. In such a case, the customer shall have to indicate his choice among the following solutions, via e-mail info@rosebuds.net :
- wait until the article is available again,
- change the reference,
- ask reimbursement for the price of the article not available or for the total amount of the order if it counted only one article. The reimbursement shall be made without undue delay, and at the latest within (30) thirty days of the request.The reimbursement shall be credited via banking card if the payment was made out with such a card, via cheque at the invoicing address provided at the time of order, in case the payment was made out via cheque, or via transfer payment in other cases, providing that the customer supplies all the necessary data for this to be carried out.

Delivery

Ordered products fully paid shall be delivered to the customer at the delivery address provided at the time of the order.
Parcels for delivery shall have no distinctive sign nor indication to identify their contents, except for countries where regulations make it compulsory to fill out a descriptive order form for custom authorities.
When full and perfect payment of the order price has been received, the products shall be delivered within a delay of :
- 48 to 72 hours for deliveries to metropolitan France,
- 5 to 8 days (business day delivery) for deliveries to the European Union,
- 7 to 30 days (business day delivery) for deliveries outside of the European Union.
Concerning deliveries to French overseas departments and territories (DOM TOM) or to foreign countries outside of the European Union, the order shall be delivered to the address indicated not cleared through customs, and the customer shall be in charge, at his own risk and expense, of completing custom formalities, tax payment, dock dues (octroi de mer), custom duties or others, which could be applied by any administration, authority or competent organisation.

Cancellation period

The customer may freely return the order, at his own expense, within (7) seven days from delivery date to : ROSEBUDS, site eco des lacs 320 rue des sorbiers-Thyez-74300- FRANCE
In such a case, the products must be sent back in perfect condition along with all accessories, leaflets, guarantees, as well as a copy of the purchase invoice.

The return shall be made in similar conditions to those of the initial delivery, the customer taking charge of all expenses and of subscribing a specific insurance against loss risks and damages.
Customer payment for the order, i.e. price of articles, French and European taxes included, as well as delivery charges, shall be fully reimbursed.
The reimbursement shall occur without undue delay and at the latest within (30) thirty days following cancellation date.
ROSEBUDS shall suggest a reimbursement mode to the customer who may also select another one.

Liability

ROSEBUDS cannot be held liable for the non-execution or bad implementation of the contract attributable either to the customer, to an unpredictable and insurmountable fact due to a third party, to a case of « force majeure », or to a requisitioning of a judicial or administrative authority.
ROSEBUDS cannot be held liable for the use made by the customer of the ordered products or informations he provided upon ordering.

Personal data

In application of Law n° 22004-801 of 6th August 2004, relating to the protection of personal data, modifying Law n° 78-17 of 6th January 1978 relating to Computer Data Protection Act, the customer is informed that personal data he indicated upon ordering, are subject to automatic data processing intended to handle his order.
These informations might also be used to keep the customer informed of new commercial offers on the site via electronic mail.
It is up to the customer to make such a choice upon data capture of his personal informations. However, the customer can freely delete this choice at any time through his customer's account accessible on the site or by written request to ROSEBUDS postal address : ROSEBUDS 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE - or at the electronic address : info@rosebuds.net
ROSEBUDS is responsible for these data processing informations declared to the National Computer Data & Freedom Commission with the n° (pending).
However, ROSEBUDS is not liable for the treatment of data by the providers taking charge of secured order payments.
The customer is also informed that an error in data capture concerning his compulsory personal data necessary to process the order – indicated by an asterisk (*) - might prevent proper completion of the order.
The customer is also informed that he has the legal right to access and to rectify his personal data by writing to the postal address :
ROSEBUDS 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE or electronic address : info@rosebuds.net

Intellectual property rights

Trademarks and appearance of ROSEBUDS products are protected by intellectual property rights in France and in foreign countries. The same is true of all shape element featured on the site. Therefore, duplication and diffusion to the public of these trademarks, appearances and shape elements are strictly prohibited without ROSEBUDS'explicit, prior authorization. Any breach of these rules may result in legal action being taken. The customer declares to be fully aware of this and to accept it without reserve.

Customer service

For any information, ROSEBUDS Customer service is available :
(Monday to Friday 8 to 12 and 2pm to 5 pm),
electronic address : info@rosebuds.net
or postal address : ROSEBUDS 12 impasse du lanfonnet-Saint Jorioz-74410- FRANCE

Contract Language

The language of this contract is the French language. Should it be translated into a foreign language, the original French version would prevail.

Applicable law

This contract is governed by French Law, whatever the customer's nationality and wherever the order delivery place may be.

Litigation

In case of dispute, only French jurisdiction is deemed competent, whatever the customer's nationality and wherever the order delivery place may be.