Terms & Conditions

# 1 GENERAL

LesMalles Ramatuelle, 22 rue du Centre 83350 Ramatuelle, nicolas.houdoux@lesmalles.fr (here in after "LesMalles Ramatuelle" or "we"), operates an online shop at the internet address www.roseaparis.com (the "Website"). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before a consumer arbitration board.

# 2 CONTRACT

1. The contract is available in english
2. The presentation of products on our Website does not constitute any offer by LesMalles Ramatuelle for a purchase contract.
3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "complete purchase". Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
5. A purchase contract between you and LesMalles Ramatuelle will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
6. LesMalles Ramatuelle has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

 # 3 WITHDRAWAL RIGHTS 

Withdrawal right’s duration and conditions

You may withdraw your contract of purchase within 14 days without having to state reasons.

The allocated withdrawal timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to withdraw your order, you have to inform us, LesMalles Ramatuelle, 22 rue du centre, 83350 Ramatuelle France, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the withdrawal template that is attached; however, it is not mandatory to use this template.

It will suffice to send us your notification of withdrawal within the given cancellation timeframe in order for the 14-day withdrawal timeframe to be granted.

In appendix to the present contract is a template of Withdrawal Form.

Consequences

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your return parcel.

The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

We reserve the right to withhold the reimbursement until 14 days after we have received the returned items.

The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. 

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

Reasons to terminate the withdrawal policy

The withdrawal policy is only in place if the product bought hasn't been customised or altered. Personalisation of garments renders the withdrawal policy inactive. According to the article L.221-28 of the French Consumer’s Rights Code, the withdrawal right can’t be applied to underwear products such as panties for hygiene and sanitary reasons. 

# 4 RETURN POLICY

The products must be returned to LesMalles Ramatuelle within 7 days from the use of the withdrawal right by the client. After such 7 days, the sale is final. The products shall be returned with their original packaging, with the original labels attached, brand new, without having been used or washed.
Return of the product(s) is the responsibility of the client. Please note that any fees related to import duties resulting of the return of the product from outside of the European Union is deductible of the total amount of the refund.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, LesMalles Ramatuelle cannot proceed to refund the products in question.

Return shipments

All return shipments are at the client’s expense, except when LesMalles Ramatuelle explicitly offers complementary returns. 

Return fees for an exchanged item are at the client’s expense. 

In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded. Please note that any fees related to import duties resulting of the return of the product from outside of the European Union is deductible of the total amount of the refund. 

Please send all returns to: LOGISSEO - LESMALLES / 28 Boulevard Gaston Birgé / 49100 ANGERS / France

If you have questions regarding our returns policy, please contact a customer service representative at nicolas.houdoux@lesmalles.com. This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.

# 5 PRICES - PRODUCT PRESENTATION - AVAILABILITY - GIFT CARD - PROMOTION CODE

1. The prices stated on our Website www.lesmalles.com at the time of your order apply.
2. The goods offered at LesMalles Ramatuelle are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
3. If you have ordered several items at the same time, the products may be delivered at different times. Shipping charges will be incurred only once in any such case.

Gift Card

4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.

4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.

4.3 The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card. 

4.4 When purchasing the Gift Card you may choose between sending the Gift Card per email or by regular mail.

4.5 LesMalles Ramatuelle reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by LesMalles Ramatuelle in the case of cancelling or blocking the Gift Card.

Promotion Code

5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website except when mentioned otherwise and except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code. If no expiration date is indicated with a promotion code, the validity period is set to 24 hours.

5.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of LesMalles Ramatuelle, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

5.3 LesMalles Ramatuelle reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by LesMalles Ramatuelle in the case of cancelling or blocking the promotion code.

5.4 Return policy for orders purchased using a promotion code:
If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.

# 6 STORAGE OF CONTRACT DATA

We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your credit card details have been verified.
In addition, you will receive an email order confirmation stating all details entered as well as the cancellation template, which can be printed.

# 7 SHIPPING & DISPATCH

1. Your package will be shipped with either Colissimo, Mondial Relay, Chronopost or DHL, depending on the final destination.

• In France, you may choose Colissimo Signature, Mondial Relay, Chronopost as your preferred shipping method.
• Outside France, in Europe serviced countries, you may choose Colissimo or DHL. 
• Outside Europe, you may choose DHL.

Please note that we only deliver to the countries listed in the country list box of the shipping at check-out.

LesMalles Ramatuelle is not liable for any potential transport risks.

Europe Serviced Countries are: France, Belgium, Denmark, Italy, Ireland, Luxembourg, Netherlands, Portugal, Spain, United Kingdom.

1. The goods will be ready for dispatch within seven business days following your order, except for pre-order products, or at the time of a collection launch. Delivery will be made to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. 
2. Shipping charges

• Shipping Charge to France via Colissimo Signature, 15€
• Shipping Charge to Austria, Belgium, Denmark, Greece, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, via Colissimo, 20€
• Shipping Charge to Austria, Belgium, Denmark, Finland, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom via Chronopost, 25€
• Shipping Charge Worldwide via DHL, between 30€ & 50€. Taxes and Import Duties

Please be aware that local taxes and import duties may apply to purchases outside of European Union. 

Free shipping policy

Free shipping to France applies to orders above 200€ (excluding shipping) placed after the 1st of January 2021, to the following countries: France, Belgium, Denmark, Italy, Ireland, Luxembourg, Netherlands, Portugal, Spain, only through our own selected carriers. Shipping through other carriers or from other countries will not be offered.

# 8 PAYMENT; DEFAULT IN PAYMENT; SETOFF; RIGHT OF RETENTION

Accepted methods of payment

Please pay for your LesMalles Ramatuelle order by:

• Visa
• Master Card
• American Express
• Apple Pay

All payments and credit notes will be handled in euros.

Payment using a Gift Card

When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.

Payment using a promotion code

When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.

Set-off

The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

Right of retention for commercial transactions

In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

 # 9 RETENTION OF TITLE

The goods delivered remain property of LesMalles Ramatuelle until full payment has been made.

# 10 INQUIRIES, COMPLAINTS

For any inquiries about your order or complaints, please contact our Customer Service Team at nicolas.houdoux@lesmalles.com.

# 11 WARRANTY & LIABILITY

The liability of LesMalles Ramatuelle related to the Products is limited to the sale price of each product. The Working Girl will not be responsible or liable for any following losses, whenever its cause:

• Loss of benefit or sales
• Loss or revenue
• Loss of profits or contract or opportunity
• Loss of expecting savings
• Loss of data
• Loss of business, management, or administration time
• Damage to the image
• Lost chance and especially of sale or purchase of a product
• Psychological damage.

Documents, details, descriptions and information related to the Products published on the Websites are not covered under any guarantee, express or implicit, except the guarantees provided by law.

LesMalles Ramatuelle makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.

LesMalles Ramatuelle is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Websites; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.

According to legal regulations, LesMalles Ramatuelle guarantees the clients against compliance and latent defects, under the following conditions:

Visible defects

In case of visible defect of a Product, the customer shall send a demand to nicolas.houdoux@lesmalles.com within 3 days from the delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted, and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter LOGISSEO - LESMALLES / 28 Boulevard Gaston Birgé / 49100 ANGERS / France

Visible defect confirmed by LesMalles Ramatuelle shall give rise, depending of the demand’s content and the nature of the defect, to repayment or a voucher.

Non-compliance, latent defects

In case of visible defect of a Product, the client shall send a demand to nicolas.houdoux@lesmalles.com and according to the withdrawal right in order for LesMalles Ramatuelle to accept the return.

Subject to the confirmation of a non-compliance or a latent defect by LesMalles Ramatuelle or the manufacturer, as the case may be, the client shall enjoy the following choices two options of warranty: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.

Force Majeure

Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.

# 12 GOVERNING LAW, SEVERABILITY

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by French law to the exclusion of the UN Sales Convention.
2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

APPENDIX - TEMPLATE OF WITHDRAWAL FORM

(To be completed and sent, with the order number in case of the use of the withdrawal right.)

For the attention of LOGISSEO - LESMALLES / 28 Boulevard Gaston Birgé / 49100 ANGERS / France

Email : nicolas.houdoux@lesmalles.com

I hereby give notice that I withdraw from my contract of sale of the following products:
Purchased on  ……………..(date of the order) and/or received on ……………..(Delivery date)
Customer name :
Customer address :
Customer signature (only in case of notification in hardcopy)
Date :

Legal Term

It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.

# 1 PUBLISHER

LesMalles Ramatuelle / SAS, capital 5.000 €, immatriculée au Registre du Commerce et des Sociétés de Fréjus sous le numéro 534 992 334, siège social 22 rue du Centre 83350 Ramatuelle, France.
Directrice de la rédaction : Nicolas Houdoux.
Contact : nicolas.houdoux@lesmalles.com

Editing director: Nicolas Houdoux.
Contact : nicolas.houdoux@lesmalles.fr

# 2 HOST

Shopfify

# 3 DESIGN & PRODUCTION

Production: LesMalles Ramatuelle

IV. PERSONAL DATA AND COOKIES

All your account information is only used in the context of your business relationship with www.lesmalles.com. This information is never shared with third parties or resold. Finally, LesMalles Ramatuelle does not store any bank details. Transactions are processed entirely by the secure payment module of our partner Shopify Payments. To improve our service, the Websites may use cookies. This means Clients do not have to log in each time you visit. A cookie is a computer file stored on Client’s hard disk, allowing the Client to be recognized, without time limitation. Clients can of course delete these cookies by disabling their use in their browser.