General Terms and Conditions of Sale

These general terms and conditions of sale set out the rights and obligations of Roumagnole Sarl, a French limited liability company (hereinafter “House of ROUMAGNOLE”) whose registered office is located at 66 avenue des Champs Élysées 75008 Paris France, registered in the Trade and Companies Register of Paris under number 789 396 546, on the one hand, and its online customer, a private non-business consumer (hereinafter “the Customer”), on the other hand, in the framework of the sale of Products offered for sale by House of ROUMAGNOLE (hereinafter “the Products”) on its roumagnole.com website (hereinafter “the Site”).

Contractual relations between House of ROUMAGNOLE and the Customer shall be subject to these General Terms and Conditions of Sale. The General Terms and Conditions of Sale in the French language shall be binding in all respects, and the law of France shall apply. The English translation has no legal force and is provided for convenience only.

For the interpretation and performance hereof, the terms and expressions mentioned in this Article, when the first letters are capitalised, shall have the following meanings: 

“Product”: Any and all Products offered for sale on the Site. 

“Order”: Purchase of Products by the Customer from House of ROUMAGNOLE via the Site

“General Terms and Conditions of Sale”: These general terms and conditions of sale. 

“Delivery Time”: Period from the date of Order Confirmation to the date of Delivery of the Order to the Customer. 

“Delivery Costs”: Cost of expenditures incurred by House of ROUMAGNOLE to ship the Order to the delivery address indicated by the Customer, including customs charges.

“Delivery”: Shipping and delivery of the Product ordered by the Customer. 

“Price”: The unit value of a Product, inclusive of all taxes and inclusive of Delivery Costs. 

“Total Price”: The grand total of the prices of the Products in the Order. The amount is inclusive of all taxes. 

“All-Inclusive Price”: The Total Price (as defined above) plus the amount of Delivery Costs and customs charges. The amount is inclusive of all taxes.

“Site”: The online sales website roumagnole.com used by House of ROUMAGNOLE for selling its Products.

“Order Confirmation”: Shall have the meaning set out in Article 3.

“Online Sales”: Sales of House of ROUMAGNOLE Products via the Site. 

A reference to the singular includes the plural and vice versa.

2.1.  These General Terms and Conditions of Sale apply to all sales of Products by House of ROUMAGNOLE effected via the Site. Such sales are intended exclusively for private non-business consumers, within the meaning of those terms in law and case-law, acting solely for their own account, for personal non-business purposes only.

2.2.  The Customer declares that he/she has read and understood these General Terms and Conditions of Sale before Order Confirmation, within the meaning set out in Article 3. Order Confirmation therefore implies unconditional and unrestricted acceptance of these General Terms and Conditions of Sale.

The Customer indicates such acceptance by checking the box next to the following sentence:

“I acknowledge that I have read and accept the general terms and conditions of sale and use of the site”

Checking the box shall be deemed to have the same value as a handwritten signature by the Customer. The Customer recognises the value of evidence from the website publisher’s automatic recording systems and, unless able to provide evidence to the contrary, shall not challenge such evidence in the event of a dispute.

Acceptance of these general terms and conditions by Customers implies that they are legally capable of doing so, or that, failing that, they are so authorized by a court-appointed guardian or trustee, or by their legal guardian if they are underage.

2.3. House of ROUMAGNOLE reserves the right to amend these general terms and conditions at any time by posting a new version on the Site. The general terms and conditions of sale are those in force on the date of Order Confirmation.

Step 1 :

The Customer selects the desired Products and adds it to the cart by clicking on “Order”.

The cart in the upper right-hand part of the screen informs the Customer that it has registered the items chosen by indicating the number of Products in the cart.

Step 2 :

The Customer checks the content of the cart by clicking on it to display the recap of the Order. The Customer may then edit the Order (to change Product, size, and quantity). 

Step 3 :

Once the Order has been checked and edited (if required), the Customer confirms the cart in order to finalise the Order by clicking on “Order” again.

Step 4 :

At this stage of the Order, the Customer must open a customer account. Creating an account enables you to do the following :

  • track your Orders and consult your order history

  • return or exchange Products

  • add or modify your delivery and invoicing addresses for your future Orders

  • manage your subscriptions to the House of ROUMAGNOLE newsletter

If the Customer has already placed an Order on the Site, he/she already has a customer account. In this case, he/she will log in using his/her email address and password.

The Customer then checks all the information and clicks on “Order” to continue with the Order.

The Customer accepts and undertakes to provide information that is true, current, exhaustive and accurate, as required on the registration form and any other form that you may have completed on the Site. The Customer also undertakes to protect the confidentiality of his/her user name and password, and to assume liability for any and all activity involving the use of his/her user name and password.

The Customer shall bear liability for any and all losses, charges, damage or additional costs as may arise from providing false, inaccurate or incomplete information, or from failure to update information provided at the time of registration or at any other time in the course of your use of the Site and/or Services.

The data recorded by the Site constitutes proof of all transactions between House of ROUMAGNOLE and its Customers. In the event of conflict between House of ROUMAGNOLE and a Customer regarding a transaction on the Site, the data recorded by House of ROUMAGNOLE shall be deemed valid proof of the content of the transaction.

You can deactivate your account at any time by emailing our Customer Service Team by clicking on the “Contact” link. After deactivation, you may create a new account at any time if needed.

Step 5 :

Entering card payment information

The Customer will then access the secure payment screen.

Payment is made online by bank card only, or by bank transfer following a request.    

The Customer must enter the card number, expiry date, and the card security code (3-digit code on the back of the card, or 4-digit code on the front of the American Express card).

If payment is accepted, the Customer will be redirected to an Order confirmation screen on the Site.

Step 6 :

An order acknowledgement recapping the Order will then be sent to the Customer. The order acknowledgement will indicate the total amount of the Order, information on the delivery time, and the essential characteristics, quantity and price of the Products purchased.

We recommend printing or electronically saving the order acknowledgement. The Customer then receives an email confirming acceptance of payment for the Order.

The Order is then forwarded to Atelier ROUMAGNOLE so manufacturing can begin.

The Customer will then be informed by email regarding progress on the production and shipping of the Order.

Delivery will be to the delivery address indicated by the Customer at the time of the Order

House of ROUMAGNOLE undertakes to honour the Order but only within the limit of available stocks of raw materials, and undertakes to promptly notify the Customer if any Products ordered is not available.

In accordance with Article L. 122-1 of the French Consumer Code, House of ROUMAGNOLE reserves the right to refuse any Order that it considers abnormal, placed in bad faith, or for any other legitimate reason, and in particular if there is a conflict with the Customer relating to payment for an earlier Order.

Photographs of the Products on sale on the Site are not contractually binding.

In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of Products on sale on the Site are available on the Site.

Product names and Prices are subject to change without notice. The price at the time of Order Confirmation shall apply. The price to be paid is the All-Inclusive Price.

In addition, the Customer shall have timely communication of the information specified in Articles L. 121-18 and L. 121-19 of the French Consumer Code.

Also, the prices of our products are the same worldwide which means that they exclude international taxes outside of France.

French VAT is not applied to our products and therefore cannot be reimbursed following delivery to a country that does not have export taxes.

All payments must be made by Carte Bleue (issued by French banks), Visa®, MasterCard®, American Express® or by bank transfer following a request to the Customer Service Team.

The transaction is immediately debited from the Customer’s bank card after verification of the card data, upon receipt of the authorisation from the card issuer to debit the card used by the Customer.

The commitment to pay made by means of a payment card is irrevocable. By providing information relating to his/her bank card, the Customer authorises the company to debit his/her bank card the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms by acceptance of these General Terms and Conditions of Sale that he/she is the holder of the bank card to be debited and that the name shown on the bank card is indeed his/her own name. The Customer shall communicate the number of the card used for payment, the expiry date, and the card security code on the appropriate page.

After confirmation of your bank information (card number, expiry date, and card security code), a new page will be displayed where you must enter the personal information requested by your bank.

Payments by bank card are authenticated and secured using the 3D Secure system, which is also known as “Verified by Visa®”, “MasterCard® SecureCode” and “American Express SafeKey®”. At the time of payment, the bank asks the user for personal information in order to verify the cardholder’s identity and to confirm the transaction.

Should it be impossible to debit the All-Inclusive Price, the Order would be automatically cancelled as of.

House of ROUMAGNOLE takes all measures to ensure confidentiality and security of the data transmitted on the Site.

6.1. Method of Delivery

House of ROUMAGNOLE delivers worldwide via DHL and Colissimo for Russia, the commercials carriers.

The Customer recognises and accepts that shipping options vary with the country of destination where the Order is to be delivered. All shipments are made via DHL or Colissimo for Russia and require a signature for delivery.

In all cases, the Customer will be able to use the DHL interface or Colissimo interface for Russia to view the date of delivery planned by the carrier, after confirmation of the Order.

6.2. Delivery Address

The Customer chooses an address for Delivery. Products will be delivered to this address.

The Customer shall be entirely responsible for non-delivery caused by lack of precision at the time of the Order.

Products will be delivered only to the address mentioned in the form at the time of the Order.

6.3. Delivery Costs 

Shipping and customs charges are complimentary, and will be paid by House of ROUMAGNOLE.

6.4. Delivery Times 

House of ROUMAGNOLE undertakes to ship the Order as soon as possible after it is confirmed.

Delivery Times are indicated on the Site at the time of the Order.

They shall be understood as referring to working days starting on the date the Order is confirmed by House of ROUMAGNOLE.

If the date of delivery indicated on the Site is exceed by over 14 days (except in cases of force majeure), the Customer may cancel the Order by registered letter with acknowledgement of receipt, within 30 working days from the above mentioned date.

Except if delivery occurs between the date said registered letter is sent and the date it is received, the Order shall be effectively cancelled and House of ROUMAGNOLE undertakes to refund the Customer the All-Inclusive Price within 30 days.

House of ROUMAGNOLE shall not be held liable for delivery delays, damage in transit or any other damage related whether directly or indirectly to shipping of the Products.

6.5. If Products are not available

If Products are not available, House of ROUMAGNOLE shall inform the Customer by email. The Customer shall be refunded for any Products ordered that cannot be shipped.

If only part of the Products ordered are not available, House of ROUMAGNOLE will ship those ordered Products that are available, and, for the others, may propose the Customer a shipment of equivalent Products. If the Customer rejects the proposal, in an email response, House of ROUMAGNOLE will then refund the ordered Products that could not be shipped, within 30 days from the payment of the Order.

6.6. Tracking the Shipment

The Customer may track progress on the processing of the Order in the space provided for this purpose on the Site.

6.7. Checking the Order upon arrival

At the time the Products are delivered, the Customer must immediately check that the packaging of the parcel is intact and has not been damaged or tampered with in any way.

The Customer is responsible for making any and all reservations and claims as he/she may consider necessary, or even for refusing the parcel, when the parcel is obviously damaged at the time of Delivery or if the Products delivered do not correspond to the Products listed on the delivery slip. 

If the packaging is damaged, House of ROUMAGNOLE recommends that you take detailed photographs of the parcel and Products at the time of delivery, immediately notify the carrier (DHL or Colissimo for Russia) responsible for the shipment by noting your reservations at the time of the delivery, and inform our Customer Service Team within three days.

The said reservations and claims must be notified to the carrier (DHL or Colissimo for Russia) par registered letter with acknowledgement of receipt within three working days, not including holidays, following the date of Delivery of the Products. The Customer must also send a copy of said letter to House of ROUMAGNOLE. Failure to make a claim within the abovementioned time period shall extinguish all rights of action against the carrier, as provided in Article L. 133-3 of the French Commercial Code.

In the event of reservations notified as specified in the previous paragraph to the carrier and/or Customer Service Team, an investigation will be conducted with carrier and a response will be sent to the Customer within a period of seven working days.

In the absence of such express reservation, the delivery shall be considered as accepted and no claims regarding the packaging can be accepted after that time.

The Customer must also check that the Products delivered correspond to the Order. In the event that the Products fail to conform in terms of their nature or quality to the Order as confirmed by House of ROUMAGNOLE, the Customer must inform House of ROUMAGNOLE thereof by registered letter with acknowledgement of receipt and return the Products to the following address: Atelier ROUMAGNOLE 66 avenue des Champs Élysées 75008 Paris France.

The Customer has a right of withdrawal which he/she may exercise within a period of 7 calendar days following the date of receipt of the Order. If such period expires on a Saturday, a Sunday, or a holiday or other non-working day, it is extended until the next working day.

As provided by the provisions of Article L121-20-2 of the French Consumer Code, les Customers shall in no case be entitled to a right of withdrawal for Orders of personalized Products or Products manufactured-to-their specifications which, because of their nature, cannot be resold. 

All items returned by the Customer must be returned in perfect condition, in their complete original packaging (including but not limited to boxes, accessories, protective packing material, tags and brochures) along with the duly completed withdrawal form and a copy of the invoice. Any items returned that are incomplete, damaged, soiled or in any condition that may reasonably lead to the belief that they were used or worn shall not be refunded or exchanged, and shall be returned to the sender. No items from which the tag has been removed can be refunded or exchanged. 

Return shipping costs, including customs charges, shall be paid by the Customer. Because Products are returned at the Customer’s risk, the Customer shall be responsible for taking out insurance, if required, (at the Customer’s expense) to cover shipping related risks.

If the Customer exercises the right of withdrawal after receiving an equivalent Product instead of the Product ordered, then the return shipping costs shall be borne by House of ROUMAGNOLE. 

Subject to the above conditions, House of ROUMAGNOLE shall reimburse the Product price (i.e., the amount inclusive of taxes) of the returned items, but not the return shipping costs. The amount shall be credited to the bank account within 30 days following the request to return the Products; that period however may be extended until receipt of the Products or proof of shipment.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the sale).

To House of ROUMAGNOLE 66 avenue des Champs Élysées 75008 Paris France, or using the email contact form available on the www.roumagnole.com website

– I/We [*] hereby give notice of withdrawal from the contract for the sale of goods [*]/ for the provision of service [*] below:


– Goods ___

_____________


– Ordered (date) [*]/ Received (date) [*]: ______________


– Name(s) of consumer(s)

– Address of consumer(s)


– Signature(s) of consumer(s) (signature required only if notice is given by this printed form)


– Date


[*] Delete as appropriate.

 

Any requests for information, claims or questions relating to these Terms and Conditions of Sale or to the items themselves, must be sent by post or email.

Customers should submit any claims to House of ROUMAGNOLE, at the addresses listed below, indicating the product name and the date of the Order :

Atelier Roumagnole 66 avenue des Champs Élysées 75008 Paris France

contact@roumagnole.com

Only those claims relating to Online Sales of Products will be taken into account.

House of ROUMAGNOLE ensures that high quality standards are maintained in the manufacturing of all Products. Every Product is controlled before shipment. 

However, if the Order shows any defect, the Customer contact the Customer Service immediately, and no later than 5 days from the date of delivery, at the following email address: contact@roumagnole.com

In such a case, the Customer must indicate in the email the alleged defect and attach all supporting documents (detailed photographs of the Product, purchase date, Order number, etc.). After considering these elements, House of ROUMAGNOLE reserves the right to retrieve the Product in order to conduct a physical investigation.

In the event of a recognized defect, House of ROUMAGNOLE undertakes to either replace the defective Product to the extent of available stocks, or to either partially or fully refund the purchase price, depending on the nature of the defect.

House of ROUMAGNOLE reserves the right to reject any claims submitted late, claims relating to defects for which the Customer is responsible or if it is an imperfection due to the nature of the Product (as certain Products may have minor irregularities and/or unevenness inherent in their manufacturing process or in the material used).

House of ROUMAGNOLE sells high-quality Products on the www.roumagnole.com Site and cannot guarantee that goods purchased elsewhere are not counterfeit goods, damaged, second hand, or of dubious origin.

Any website other than www.roumagnole.com, purporting to sell Products with the ROUMAGNOLE brand actually sells counterfeit Products.

The Customer shall have the benefit of the legal warranty of conformity in accordance with Articles L. 211-4 and seq. of the French Consumer Code, it being specified that the Customer has 2 years from the delivery of the Product to take legal action on these grounds before action is barred by limitation.

The Customer shall also have the benefit of the warranty against hidden defects in accordance with articles 1641 et seq. of the French Civil Code, it being specified that the Customer has 2 years from the discovery of the defect to take legal action on these grounds before action is barred by limitation.

The “ROUMAGNOLE” brand or trademark and all logos identifying the Products and their origin, as well as any and all brands and marks, and more generally, any and all illustrations, images and logos on the Products, their accessories and their packaging, whether registered or otherwise, and all rights relating to the Products (including but not limited to copyright, design rights, and patents rights) are and shall remain the exclusive property of House of ROUMAGNOLE or of their respective owners.

Any reproduction (in full or in part), modification or use of such brand, trademark or designs and rights, for any purpose and on any medium whatsoever, without prior express consent, is strictly prohibited. 

The same applies to any combination of brand, trademark or designs and/or rights with any other brand or trademark, symbol, logo, and more generally, any distinctive sign or marking. 

In the same manner, all photographs and illustrations as may be reproduced on the Site are protected by copyright, and any unauthorised use thereof would be an infringement and is therefore prohibited.

Lastly, the configuration, look and design of the Site are also protected by copyright and intellectual property rights, and any reproduction or imitation is therefore prohibited.

Customers are asked to provide data required to process the Order.

If the Customer consents to provide personal information, he/she has an individual right to access, modify and delete such personal data as provided by French Act 78-17 of 6th January 1978 on Information Technology, Data Files and Civil Liberties. The Customer may exercise this right by sending request in writing to the following address: Atelier ROUMAGNOLE 66 avenue des Champs Élysées 75008 Paris France. 

When creating his/her customer account on the Site, the Customer will have the option of indicating whether or not he/she wishes to receive offers from House of ROUMAGNOLE and its partners.

In order to provide customisable and personalized services, House of ROUMAGNOLE uses cookies to record and sometimes to track data relating to your browsing on the Site. A cookie is a small block of data sent to the browser by an Internet server and stored on the hard drive of the Customer’s computer.

Cookies are used to permit identification and access to data relating to the Customer’s use of the Site and to identify the pages visited on the Site and to analyse Customers’ behaviour in order to better meet their expectations.

House of ROUMAGNOLE uses these data to personalize the content, banners and offers of the Site. House of ROUMAGNOLE reserves the right to use the services of outside companies (including but not limited to Google Analytics) to analyse our Customers’ browsing habits and improve the quality of our services.

However, the data collected by such services remain anonymous. The Customer may decide at any time to disables the cookies by changing his/her browser preferences. However, he/she will no longer have access to all the Site’s functionalities and other services.

The fulfilment by House of ROUMAGNOLE of all or some of its obligations shall be suspended in the event of unforeseeable circumstances or the occurrence of an event constituting force majeure as may affect or delay performance.

Events constituting force majeure shall include but not be limited to war, riots, insurrection, civil unrest, strikes of any type, and difficulties of supply to House of ROUMAGNOLE.

House of ROUMAGNOLE shall notify the Customer thereof. 

If the suspension of the fulfilment of the Seller’s obligations continues for a period greater than 30 days, the Customer shall be entitled to cancel the current Order and House of ROUMAGNOLE shall then proceed to refund the Order.

If any provision of these General Terms and Conditions is held to be null and void, the validity of the other provisions shall not be affected.

Failure by either party to enforce any undertaking by the other party to abide by any of its obligations hereunder shall not be considered as a renunciation of the obligation in question.

Any and all notices required shall be considered to be sufficiently given if made by registered letter with acknowledgement of receipt to the following address :

For House of ROUMAGNOLE: Atelier ROUMAGNOLE 66 avenue des Champs Élysées 75008 Paris France

For the Customer: the address indicated at the time of the Order.

The contractual relations between House of ROUMAGNOLE and the Customer, pursuant to these General Terms and Conditions of Sale, are governed by French law.

The consumer is informed of the option, in the event of a dispute, of using a conventional mediation procedure or any other alternative method of dispute resolution.

Special Terms and Conditions of Sale

for Personalized Items

 

Hot stamping and Personalization,
Custom made and Made to order products

 

House of ROUMAGNOLE offers personalization and/or manufacturing-to-order of certain leather Products. The Special Terms and Conditions of Sale for distance selling of these Products are set out below.    

All provisions of the General Terms and Conditions of Sale above that do not conflict with these Special Terms and Conditions remain applicable.

Orders for Products that are manufactured-to-order and/or personalized by hot stamping only can be placed by electronic mail sent to the Customer Service Team using the “Contact” link, after opening a Customer account. 

Payment is then made by bank transfer or by bank card using the link sent by the Customer Service Team.

Once the Order is placed with the Customer Service Team, the Customer will receive an email reporting the processing of the Order and will be debited the total amount of the Order.

The Customer will then be informed by electronic mail of the state of progress on the production of the Order, and on the shipment of the Order.

Because they are personalized and/or manufactured-to-order, the items referred to in these Special Terms and Conditions cannot be returned or exchanged.

Therefore, Articles 7 and 8 of the General Terms and Conditions above are not applicable to personalized and/or manufactured-to-order items. The Customer shall nevertheless continue to benefit from the warranty conditions set out in Article 9 of the General Terms and Conditions above.

error: Content is protected !!