CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter the " GCS ") apply to all purchases made by any non-trading individual (hereinafter the " Customer") on the website www.laromaine-editions.com (the " Site ") published by La Romaine Editions, SAS with a capital of 1,000 euros, R.C.S de Paris 895 210 235, headquartered at 15 boulevard Henri IV, 75004 Paris (" La Romaine Editions" or " we ") and hosted by SHOPIFY Inc. headquartered at 126 York St. Ottawa, ON KIN 5T5, Canada.
In this context, the Customer and La Romaine Editions agree that the General Terms and Conditions of Sale govern exclusively, with the order, as accepted by La Romaine Editions, the conditions of use of the site.
Consequently, by placing an order on the Site :
- The Customer acknowledges having full capacity to bind you under the GTC; and
- The Customer accepts without reservation the GCS and agrees that all deliveries and offers by La Romaine Editions are made exclusively on the basis of these GCS.
La Romaine Editions reserves the right, at any time, to modify, change or periodically update these GTC. The Customer must accept any modifications before placing any subsequent orders.
Customers may contact La Romaine Editions' customer service department at any time using the contact details specified in article 12.
ARTICLE 1 - DEFINITION
The terms used below have the following meanings in the GTCS:
Customer
Refers to any non-trading individual 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/she is a minor, be able to justify the agreement of his/her legal representatives;
La Romaine Editions
Designated La Romaine Editions, SAS with 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;
Delivery
Refers to the first presentation of the Products ordered by the Customer at the delivery address indicated when the order was placed;
Product(s)
Refers to one or more products that can be ordered on the Site. Products are offered while stocks last. 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.
Website
Refers to the www.laromaine-editions.com website;
Territory
Metropolitan France, DOM TOM and Belgium;
ARTICLE 2 - PURPOSE
The purpose of the General Terms and Conditions is to define the contractual relationship between La Romaine Editions and the Customer and the conditions applicable to all purchases made through the Site, to the exclusion of other sales, notably in stores, which are governed by the relevant general terms and conditions.
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: [email protected].
The acquisition of a product through the present site implies unreserved acceptance by the Customer of the GTC, which the Customer acknowledges having read prior to placing an order. 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, enabling him/her to commit himself/herself under the GTCS.
La Romaine Editions reserves the right to modify these terms and conditions at any time, in order to comply with new regulations or to improve the use of its site. Consequently, the applicable terms and conditions will be those in force at the date of the buyer's order.
ARTICLE 3 - ACCEPTANCE OF TERMS AND CONDITIONS
The Customer undertakes to read the GCS carefully and to accept them by ticking the box reserved for this acceptance and marking the Customer's consent to the GCS, before proceeding with the payment of an order for Products placed on the Site.
The General Terms and Conditions are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing an order. The Customer is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.
La Romaine Editions advises the Customer to read the General Terms and Conditions with each new order, as the latest version of these Terms and Conditions applies to all new orders for Products.
ARTICLE 4 - PRODUCT ORDERS
4.1 Products
The Products sold by La Romaine Editions comply with current French regulations and are sold while stocks last. They are described as precisely as possible (product sheets, photographs, etc.). Nevertheless, the Customer is invited to contact La Romaine Editions' customer service department to obtain any useful clarification.
In case of stock depletion, La Romaine Editions will make every effort to indicate this clearly and to make the purchase of the Product concerned impossible. It is possible that a product ordered is no longer available.
In the event of unavailability, La Romaine Editions may, at the Customer's request :
- Or offer to ship all Products at the same time as soon as out-of-stock Products become available again,
- Or proceed with a partial shipment of the available Products initially, then with the shipment of the remainder 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/her order for unavailable Products, he/she will be reimbursed for all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the Customer decided to cancel his/her order.
4.2 Ordering
Product orders 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 start 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, it is placed in the Customer's basket. The Customer may then add as many Products as he or she wishes.
A summary of the order is then displayed (product reference, quantities, unit price, price including VAT, etc.) so that the customer can modify the order if necessary.
On this occasion, La Romaine Editions informs the customer of the authorized means of payment, the terms of delivery and the right to return the products ordered within 14 days of the date of delivery.
4.2.2. Terms of delivery
Once the order has been finalized, the Customer is invited to : (i) identify themselves using their La Romaine Editions login and password, or by completing the mandatory fields if they decide to continue with their order without registering; (ii) choose or enter their delivery and billing addresses; (iii) choose the product delivery method (delivery time, method, price, etc.) from the options available 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 contents 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 order confirmation
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 required to process his/her order and the GTC are collected by La Romaine Editions, (ii) chooses a method of payment from those offered, (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 for, a confirmation message summarizing 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 this, 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
Product prices are quoted in euros, inclusive of all French taxes (French VAT and other applicable taxes) and exclusive of delivery charges, 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 prior notice other than the date on which the new rate becomes payable. For orders exempt from VAT, the provisions of the French General Tax Code will apply.
The prices indicated on the Site are subject to change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that 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 prices offered to regular customers outside the reduction period in question.
ARTICLE 6 - PAYMENT
6.1. Payment methods
The Customer may pay for his Products online on the Site using the methods proposed by La Romaine Editions.
The Customer guarantees La Romaine Editions that he/she holds all the authorizations 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 as part of online payment on the Site.
It is hereby 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 La Romaine Editions customer service 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.
Products ordered remain the property of La Romaine Editions until full payment has been 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 outside these Territories.
When placing an order, customers are invited to choose from the delivery methods offered by La Romaine Editions.
Products are shipped to the delivery address(es) indicated by the Customer during the order process. The carrier may contact the Customer to inform him of a delivery date and/or to make an appointment for such a date.
La Romaine Editions will notify the customer of the dispatch of any order by e-mail, so that the customer can track the progress of the order. Delivery will be deemed to have taken place when the Customer or a third party designated by the Customer, other than the carrier proposed by La Romaine Editions, takes physical possession of the product.
Delivery charges are indicated in € and are payable by the Customer. These costs may vary according to the weight, volume and nature of the Products, as well as the carrier, delivery method and place of delivery. Customers are notified of delivery costs when they place their order.
For customers located outside the European Union, customs charges may apply in accordance with current regulations. Customs duties are the responsibility of the customer. It is therefore the customer's responsibility to check with his local customs office to determine the amount.
Customs clearance may extend delivery times.
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 purely indicative 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 in writing on another durable medium addressed to the customer service department of La Romaine Editions, if, after having enjoined La Romaine Editions, by the same means, to make the delivery or provide the service within a reasonable additional period, La Romaine Editions has not complied within this period. 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 the 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, no later than 14 days following the date of cancellation.
Any apparent anomaly concerning an order (number of units, condition of 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, providing any useful evidence (photograph, description of the anomaly, etc.). An apparent anomaly is defined as any anomaly that would normally be detected by a normally attentive and informed consumer. Failing this, the products will be deemed to have been delivered free of any apparent anomaly. It is therefore the Customer's responsibility to preserve his rights vis-à-vis the carrier under the conditions set out 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 - WARRANTIES
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-compliant Products free of charge.
When acting under the legal warranty of conformity, Customers :
- You have 2 years from the date of delivery to take action;
- May choose between repair or replacement of the good, subject to the cost conditions stipulated in Article L.217-9 of the French Consumer Code;
- Are exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of a new good and the 6 months following the delivery of a second-hand good.
We also remind you that :
- The legal warranty of conformity applies independently of any commercial warranty that may have been granted;
- Customers may decide to invoke the warranty against hidden defects in the item sold provided for in article 1641 of the French 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 French Civil Code.
8.1. Legal warranty of conformity - reminder of legal texts
Article L.217-4 of the French Consumer Code: The seller is required 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 any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter is his responsibility under the contract or was carried out under his responsibility.
Article L.217-5 of the French Consumer Code: To conform to the contract, the good must :
1/ Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess 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 in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2/ Or present 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.
Any action resulting from a lack of conformity must be brought within two (2) years of delivery of the Product (Article L.217-7 of the French Consumer Code).
Article L.217-9 of the French Consumer Code: In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.
Article L.217-10 of the French Consumer Code:
If repair and replacement are impossible, the buyer can return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to him:
1/ If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2/ Or if this solution cannot be found without major inconvenience for the customer, given the nature of the good and the use he is seeking.
However, the sale cannot be rescinded if the lack of conformity is minor.
8.2. Warranty against latent defects - reminder of legal texts
Article 1641 of the French Civil Code: The seller is bound by the warranty for latent defects in the item sold which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lesser price for it, had he been aware of them.
Article 1642 of the French 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 item and having the price refunded, or keeping the item and having part of the price refunded.
Article 1646 of the French Civil Code: If the seller was unaware of the defects, he will only be obliged to refund the purchase price and reimburse the buyer for any costs incurred by the sale.
Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
8.3. Exclusion of warranties
Products modified, repaired, integrated or added by the customer are excluded from the warranty.
The warranty does not cover visible defects. The warranty does not cover products damaged in transit or due to misuse.
8.4 Implementation of warranties
In the event of non-conformity or hidden defect of the Product, the Customer is required to address his complaint to the customer service department of La Romaine Editions. The exercise of these warranties 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 warranties.
The Customer is hereby informed that :
- He has a period of two years from the delivery of the property to take action;
- He may choose between repairing or replacing the good, subject to the cost conditions set out in Article L217-9 of the French Consumer Code;
- The purchaser is exempt from proving the existence of a lack of conformity for the full duration of the legal warranty, i.e. 2 years following 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 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 a clearly 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 eight (8) days, its observations on the alleged grievance. In the absence of a reply, or in the absence of a satisfactory reply, La Romaine Editions reserves the right to invoice the Customer for compensation proportional to the management costs incurred in dealing with an abusive request or a request made in bad faith.
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 contracts listed in articles L. 221-2 and L. 221-28 of the French Consumer Code, in particular:
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable 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;
- Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- Accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
- Involving a tourist package, the use of timeshare or long-term vacation products, or the transportation of people.
The Customer is hereby 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).
Consequently, the returned Product must not have been opened and must be in perfect saleable condition.
These provisions apply without prejudice to the legal warranties set out in the GCS, 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", available in Appendix 1 hereto and accessible at the bottom of each SITE page 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 case of an order for a single Product delivered in several batches), the withdrawal period will 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 protected]
The withdrawal form below can be used as a model for exercising the right of withdrawal:
WITHDRAWAL FORM
(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 de Paris 895 210 235, headquartered at 15 boulevard Henri IV, 75004 Paris, France
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*) / services (*):
Ordered on (*) / received on (*):
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only in case of notification of this form on paper):
Date :
(*) Delete as appropriate.
In order for the withdrawal period to be respected, the Customer must transmit his communication concerning the exercise of the right of withdrawal before the expiration 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.
If part of the order is returned, La Romaine Editions will reimburse the delivery costs in proportion to the number of items returned, except in the case of flat-rate delivery costs.
La Romaine Editions will make the refund using the same means of payment that 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 defer reimbursement until receipt of the goods or until the Customer has provided proof of shipment of the goods, whichever comes first.
9.2.4 Return procedure
The Customer must, without undue delay and in any event 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 is deemed to have been respected if the Customer returns the goods before the fourteen-day period has expired.
9.2.5 Return shipping costs
The Customer shall bear the direct cost of returning the goods.
9.2.6 Condition of returned goods
The Product must be returned in accordance with La Romaine Editions' instructions and include all 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 is only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
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 of the date on which the Customer informed La Romaine Editions of his/her decision to withdraw from the distance selling contract, and at the latest within fourteen (14) days of the date on which the Customer received the order.
Products returned after this time 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 authorization from La Romaine Editions in writing.
This authorization from La Romaine Editions will in no case 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.
In the course of its business, La Romaine Editions may also distribute and/or represent and/or reproduce trademarks owned or held by its suppliers. All elements relating to these trademarks as they appear on the Site or in communications from La Romaine Editions are also protected and may not be copied without authorization.
Any infringement of these elements, whether or not they are protected by intellectual and/or industrial property law, will be immediately prosecuted (including criminal prosecution) and punished.
ARTICLE 11 - PERSONAL DATA AND COOKIES
11.1. Personal data
In this context, La Romaine Editions undertakes, except in cases provided for by law, to obtain the consent of its Customers each time it collects personal data concerning them (for example using cookies).
La Romaine Editions processes all the data you enter on the Site or when you communicate with La Romaine Editions, namely :
- Last name, first name, date of birth;
- Postal address, e-mail address, cell 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 service provider, email and SMS sending service provider, etc.), administrative or judicial authorities or to its external advisors (solely in the context of the management of any disputes, litigation or any other legal matter as the case may be).
Failure by a Customer to provide La Romaine Editions with the information required 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 with regard to your personal data:
- a right of access to your personal data enabling you to obtain clear, transparent and comprehensible information on how La Romaine Editions uses your personal data and on your rights (as provided in this policy), as well as a copy of your personal data.
- a right of rectification of your personal data, enabling you to obtain the modification of your personal data if it is 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. La Romaine Editions will cease processing your personal data unless there are compelling legitimate grounds for doing so which override your interests, rights and freedoms, such as complying with a legal obligation (such as an obligation on La Romaine Editions to retain certain personal data) or establishing, exercising or defending a legal claim.
- a right to temporarily restrict the processing of your personal data, in particular in order to carry 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 deletion, you prefer to restrict their use;
- if La Romaine Editions no longer needs your personal data for processing but it remains 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, for the duration of the verification intended to confirm 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, enabling you to receive the personal data you have provided us with, in a structured, commonly used computer format, and to have it transmitted to a third party if this is technically possible. This right does not apply in all circumstances, but only if all the following conditions are met:
- it relates only to your personal data, excluding all anonymous data or those of third parties;
- it does not infringe the rights and freedoms of third parties, including those of La Romaine Editions (in particular intellectual property);
- it concerns personal data processed automatically (paper files are therefore not concerned);
- processing is based on your consent or the performance of a contract between you and La Romaine Editions.
- a right to erasure of your personal data (or the 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 for the continued processing (such as La Romaine Editions' obligation to retain certain personal data);
- you decide to withdraw your consent on which the processing is based;
- when your personal data are no longer required 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.
- the right to define general or specific instructions concerning your personal data in the event of your death (for example, deletion or transmission to any person of your choice). You may revoke your instructions at any time.
If you have any questions or wish to exercise your rights, you can contact La Romaine Editions directly by sending an email to the following address: privacy
11.2 Cookies
Cookies are technologies that store or retrieve information about your browser or terminal (computer, cell phone, tablet, etc.).
They may be deposited and/or read, for example, when you consult a website or mobile application, or when you install or use software, regardless of the type of terminal used.
Cookies do not identify you by name, but only the terminal you are using.
La Romaine Editions uses cookies to enable its customers to navigate the Site and use its functions, to measure the Site's audience and for the purposes of targeted advertising. Before doing so, La Romaine Editions always ensures that it obtains the consent of its customers by means of a banner displayed on the Site.
Most browsers accept Cookies by default. However, customers can configure their browsers to prevent cookies from being deposited on their terminals.
The Customer may also configure his browser to notify him each time a Cookie is requested, to refuse all Cookies or to authorize the placement of only certain categories of Cookies. If the Customer refuses to accept Cookies, he/she may still use the Site, albeit at the risk of no longer being able to benefit from all the Site's functionalities.
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 - CLAIMS HANDLING - LIABILITY
At any time, Customers may contact La Romaine Editions customer service by email at [email protected] or by writing to the following address La Romaine Editions, 20 rue de La Glacière , 75013 Paris , France.
ARTICLE 13 - LIABILITY
13.1 Default 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 suspension of access to the Site, or even 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; it cannot be held responsible 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 may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular during order entry.
La Romaine Editions shall not be held liable, or considered to have failed, 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 jurisprudence of the French Courts and Tribunals.
Please note that La Romaine Editions has no control over websites linked directly or indirectly to the Site. Consequently, La Romaine Editions accepts no 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.
To the extent permitted by law, the liability of La Romaine Editions in the event of a breach of its obligations defined in the GTCS or by other legal provisions (including defects inherent in the Product) is limited to the reimbursement or replacement of the Products concerned.
Prior to placing an order, the Customer declares that he/she has full legal capacity to enter into commitments under the GTCS. La Romaine Editions cannot under any circumstances 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, their legal guardians (parents, guardians, etc.) assume full responsibility for this order and must pay the price.
La Romaine Editions shall not be held liable for any breach of its obligations under the GTCS if such breach 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 available on the Site is provided "as is" without warranty of any kind, either implied or express, including, but not limited to, the completeness, 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 intended by the Customer.
La Romaine Editions declines all responsibility for direct or indirect damage, whether foreseeable or not, caused by the use of the Site. Should La Romaine Editions be held liable for any damage suffered by the customer and attributable exclusively to the placing of an order, such liability shall be 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 filed 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 cannot 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 read the information published on the mediator's website www.medicys.fr (MEDICYS - 73, Boulevard de Clichy 75009 Paris).
Customers may also attempt to resolve their dispute via the online dispute resolution platform: https: //ec.europa.eu/consumers/odr/main/.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
The GCS are governed by French law and any dispute relating to their execution or interpretation will be subject to the jurisdiction of the Paris courts, subject to applicable rules of public order.
Article R 631-3 of the Consumer Code states that the " consumer may refer the matter either to one of the courts having territorial jurisdiction under the Code of Civil Procedure, or to the court for the place where he resided at the time the contract was concluded or at the time the harmful event occurred ".
Prior to any recourse to the courts, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. Should the parties fail to reach agreement within fifteen (15) days, the dispute will be submitted to the competent court designated above.
Throughout the negotiation process and until its conclusion, the parties undertake to refrain from taking any legal action against each other in connection with the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.