Terms and conditions of sale

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale ("GTC") define the rights and obligations of the parties in connection with the online sale of Products offered by Brand Rossetti ("the Company").

1.2 Any order placed on the Glow Genie website implies prior acceptance, without restriction, of these General Terms and Conditions of Sale, which are governed by French law. These GTC form an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client, who acknowledges having read and accepted them without restriction or reservation before placing an Order.

1.3 These GTC apply to any Order placed by a physical person of legal age acting as a consumer. The Client therefore certifies that they are a physical person over 18 years old, acting for purposes outside their commercial, industrial, artisanal, liberal, or agricultural activity. They acknowledge having full legal capacity to commit when placing an Order and agree to provide truthful information regarding their identity.

1.4 EXCLUSION: These GTC expressly exclude from their scope any persons acting in a professional capacity, including physical or legal persons, public or private, acting for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they are acting on behalf of or for the account of another professional. Professionals wishing to place an Order with the Company are invited to contact us directly.

1.5 The GTC applicable to each Order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC are available for consultation on the Company's website at www.glowgenie.co and can be downloaded in PDF format.

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Order Process

To purchase one or more Products on the site, the Client selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to the Order (1st click).

At this stage, the Client is redirected to a page containing:

  • A summary of the selected Products, corresponding prices, delivery terms, and fees. It is their responsibility to check and, if necessary, correct the contents of their cart.
  • These GTC. It is their responsibility to read them carefully before validating the entire Order.

The Order validation after checking the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Client acknowledges that the 2nd click entails a payment obligation on their part.

The Client is then redirected to the payment page, where they can choose from the different payment methods offered and proceed with the payment of their Order.

After validating their Order and completing their payment, the Client receives a confirmation email at the address provided when creating their account. This message contains, in PDF format:

  • The Order summary (selected Products, prices, delivery terms, and fees);
  • The precise identification of Brand Rossetti and its activity;
  • The Order number;
  • The terms, conditions, and withdrawal form;
  • These GTC in PDF format.

In the event that the Order confirmation is not received, the Client is advised to contact the Company using the contact form available on the website.

The Client will then receive an electronic purchase invoice, which they expressly accept.

It is strongly recommended that the Client retain this confirmation message and the purchase invoice, which is also sent electronically, as these documents may be used as proof of the Contract.

2.2 Refusal of Order Validation by the Company

The Company reserves the right to refuse your Order for any legitimate reason, such as:

  • Non-compliance with the GTC;
  • Quantities ordered that do not correspond to normal consumer use;
  • Non-payment of a previous Order or ongoing dispute related to a previous Order;
  • Suspected fraud on the Order (supported by a set of concordant evidence).

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Client on the Company's websites, as well as, where applicable, information on product use.

While the Company takes reasonable care to ensure that the Specifications are accurate, said Specifications, except for certain exceptions such as pricing information, are provided by the Company's suppliers. As such, the Company assumes no responsibility for any potential errors in the Specifications.

Specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of the Products offered for sale do not have contractual value. The duration of Product offers and their prices are specified on the Company's websites.

3.2 Product Availability

Product offers are valid while stocks last with our suppliers. Product availability is normally indicated on the specific Product page.

However, since the Company does not reserve stock (except for specific cases of Products marked as pre-order on the Product page), placing a Product in the cart does not absolutely guarantee the availability of the Product or its price.

If a Product becomes unavailable after the Client's Order is validated, the Company will inform the Client immediately via email. The Order will be automatically canceled, and the Company will refund the price of the originally ordered Product and any sums paid for the Order.

However, if the Order contains other Products that remain available, they will be delivered to the Client, and delivery fees will not be refunded.

Article 4 – PRICING OF PRODUCTS

4.1 Reference Prices Displayed on the Sites

The reference price of the Products offered on the site is the price recommended by the brand, manufacturer, or its official representative. In the absence of such information, it is a price determined based on the prices at which the Product is commonly sold by a panel of retailers distributing it. This price is updated whenever the brand, manufacturer, or its official representative communicates a new recommended price for the Product or when the price charged by the panel of retailers changes.

4.2 Modification of Prices Displayed on the Sites

The prices of the Products are indicated on the product description pages. They are shown exclusive of taxes, customs duties, and shipping fees. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.

Products ordered will be billed based on the price in effect on the site at the time of Order validation.

4.3 Product Prices

Since many Products are imported from abroad (outside the European Union) at the Client’s request, the prices of Products sold through the websites are displayed in Euros, excluding taxes (excluding VAT and customs duties), unless otherwise stated. They are precisely determined on the Product description pages. They are also displayed in Euros, excluding taxes (excluding VAT and customs duties), unless otherwise specified, on the Product Order page, excluding specific shipping fees.

Product prices do not include VAT on imports, import taxes, or customs duties, which must be paid separately and are the sole responsibility of the Client, who is liable for these taxes as the recipient of the Product.

Product prices do not include packaging, handling, shipping, transport, insurance, or delivery costs to the delivery address.

4.4 Payment of Taxes

The Client is solely responsible for the declaration and payment of VAT on imports at the time of customs clearance of the Product. They may be required to pay VAT on imports. Since this tax is not under the Company’s control, it will not be liable for any refund of this tax.

For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be required in certain cases. The Company has no control over these fees.

These fees are the responsibility of the Client and fall under their responsibility (declarations, payments to the relevant authorities, etc.). The Company invites the Client to inquire about these aspects with local authorities.

Article 5 – PAYMENT OF PRODUCT PRICES

5.1 Timing of Payment

Payment of the total amount of the Order must be made immediately after the Order is validated.

The Company may, exceptionally, grant a payment in installments, depending notably on the amount due and its knowledge of the Client concerned. However, the Company has no obligation to grant such payment terms. In special cases, the Client may request this by contacting the Company's Customer Service at the following address: helpglowgenie@protonmail.com.

5.2 Payment Methods

To complete the Order, the Client can choose between different payment methods:

  • Payment by Bank Card:
    Only bank cards linked to a bank located in France or international bank cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Client guarantees the Company that they have the necessary authorizations to use the card employed. The Client expressly acknowledges that the commitment to pay by card is irrevocable and that providing their card number is equivalent to authorization to debit their account for the total corresponding to the ordered Products. The amount will be debited at the time of Order validation.
    Payments by bank card are made through a secure payment platform, and the card information communicated benefits from SSL encryption.

  • Payment via PayPal
    Payment via PayPal is accepted up to a limit of €1,000.
    It is noted that in the case of this payment method, PayPal's Terms of Use, which are available on their site, apply in addition to these GTC.

  • Payment by Gift Vouchers and/or Promotional Codes
    Gift vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In case of attempted fraudulent use of these vouchers and/or promotional codes, the Company reserves the right to cancel the Order outright.

In general, in the event of a payment authorization refusal by officially accredited bodies or non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.

The Company reserves the right to suspend any payment method at any time, particularly if a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a previous Order.

The Company reserves the possibility of implementing an Order verification procedure to ensure that no one uses another person's banking details without their knowledge. As part of this verification, the Client may be asked to send the Company a copy of an identity document, proof of address, and the bank card used for payment, via email or postal mail. Specific details regarding the exact content of the requested information (to protect the confidentiality of their data) will be communicated to the Client during verification. The Order will only be validated upon receipt and verification of the requested documents.

Article 6 – DELIVERY – CUSTOMS CLEARANCE – RECEIPT

6.1 Delivery

Before the Order is validated, the Company provides the Client with information about the various delivery options and their respective fees. Once the Client has selected their delivery method, the Company will provide an estimated delivery date.

The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In case of difficulty, the Company commits to promptly communicate with the Client and find an appropriate solution together.

Air transport, shipping, and/or delivery of the Product(s) will be entirely borne by the Client ("Delivery Fees"). These delivery fees are included in the final price charged to the Client at the time of the Order. However, any applicable customs duties are not included in the price charged by the Company to the Client.

Depending on the method chosen by the Client, delivery will be made either to the address specified by the Client or, if applicable, to a pick-up point selected by the Client from the available list. It is therefore the Client's responsibility to verify the provided delivery information, as they remain solely responsible in case of delivery failure due to incomplete or incorrect details.

6.2 Customs Clearance

Upon purchase, the Client buys the product tax-free and becomes the importer of the purchased product as the recipient. Therefore, they are responsible for import and customs clearance processes at local customs offices. Depending on the value of their order, they may be required to pay customs duties (for Products with a customs value exceeding €150).

The Client is solely responsible for declaring customs duties during the customs clearance process. These duties, which are not charged to the Client by the Company, fall outside the Company's scope. Therefore, the Company cannot be held liable for reimbursement of these duties.

6.3 Receipt

Upon receipt of the Product, the Client agrees to verify that the Product is complete and undamaged. If an anomaly is detected, the Client must contact the Company's Customer Service within three days (excluding holidays) from the date of receipt. Any claims submitted after this period cannot be processed.

Article 7 – RIGHT OF WITHDRAWAL

7.1 Principle and Withdrawal Period

The Client has the right to withdraw from their purchase, without providing a reason, within fourteen (14) calendar days from the date of receipt of their Order. For Orders containing multiple Products, the withdrawal period begins on the date of receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and shipping costs will be reimbursed, with return shipping costs remaining the responsibility of the Client.

7.2 Exclusions

In accordance with Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

  • Supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and which may occur during the withdrawal period;
  • Supply of goods made to the consumer's specifications or clearly personalized;
  • Supply of goods liable to deteriorate or expire rapidly;
  • Supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
  • Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
  • Maintenance or repair work carried out urgently at the consumer's home and explicitly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency;
  • Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • Supply of newspapers, periodicals, or magazines, except for subscription contracts to these publications;
  • Contracts concluded at a public auction.

7.3 Methods of Exercising the Right of Withdrawal

To exercise their right of withdrawal, the Client must inform the Company of their decision to withdraw either by completing the standard form provided below or by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above.

Sample Withdrawal Form:

To [name of the concerned site], Customer Service,
I hereby notify you of my withdrawal from the contract for the sale of the following Product:
Product Name:
Date of Order and Receipt:
Order Number:
Tracking Number of the Withdrawal Request:
Client Name:
Client Address:
Client Signature: (only if notifying this form on paper)
Date:

This form must be sent to the Company at one of the following addresses:
For postal delivery: Brand Rossetti, Customer Service, 229 Rue Saint Honoré, 75001 Paris.
For electronic delivery: helpglowgenie@protonmail.com

The Client has a period of 14 days from the date of sending the withdrawal notification to return the Product to the Company in its original packaging, with return shipping costs exclusively at the Client's expense.

Products must be returned in their original state and complete (packaging, accessories, instructions, etc.) to enable resale by the Company. If Products are received that are unsealed, used, incomplete, damaged, or soiled, the Company will not issue a refund and may, if necessary and appropriate, hold the Client liable for the depreciation of the Product.

In the case of a return in compliance with legal and these GTC conditions, the Company will refund the Client all sums paid, including delivery costs, within 14 days of the withdrawal notification, unless the Product is returned later. In that case, the Company will only issue the refund after receiving and verifying the condition of the returned Product.

This refund will be made using the same payment method as that used by the Client for the Order, unless expressly agreed otherwise. If the payment was made with a gift voucher/promo code, the Client will be reimbursed either by the issuance of new gift vouchers/promo codes of an equivalent amount.

Article 8 – WARRANTIES

8.1 Legal Warranties

The Company remains liable for defects in conformity of the goods in accordance with Articles L.217-4 and following of the French Consumer Code as well as hidden defects under Articles 1641 and following of the French Civil Code.

When acting under the legal warranty of conformity (as provided for in Articles L.217-4 and following of the French Consumer Code), the Consumer Client:

  • Has a period of 2 years from delivery to act;
  • Can choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
  • Is exempt from proving the existence of the lack of conformity during the 24 months following the delivery of the Product if it is new and for 6 months if the Product is second-hand.

The Client may also decide to invoke the warranty against hidden defects as defined in Article 1641 of the Civil Code, and in this case, may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

These legal warranties apply independently of any contractual warranty.

Reproduction of Applicable Texts

L.217-4 Consumer Code
"The seller delivers a good in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when it has been made their responsibility under the contract or carried out under their responsibility."

L.217-5 Consumer Code
"The good is in conformity with the contract if:
1° It is fit for the use usually expected of a similar good and, if applicable:

  • corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
  • presents the qualities that a buyer may legitimately expect in view of public statements made by the seller, producer, or their representative, particularly in advertising or labeling;
    2° Or it has the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, brought to the seller’s knowledge and accepted by them."

L.217-9 Consumer Code
"In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if that choice results in a manifestly disproportionate cost compared to the other option, given the value of the good or the significance of the defect. In this case, the seller is obliged to proceed, unless impossible, according to the option not chosen by the buyer."

L.217-12 Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

1641 Civil Code
"The seller is bound by the warranty due to hidden defects of the item sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it or would have given only a lesser price if they had known of them."

1648 Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."

8.2 Manufacturer's Warranty

Certain Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.

The existence of this type of warranty is mentioned, if applicable, on the Product page. If the Client wishes to use this warranty, they must notify the Company by contacting Customer Service and consult the terms of the warranty, which are generally included with the Product.

It is recalled that the Manufacturer's Warranty does not preclude the application of legal provisions regarding the legal warranty of conformity and the legal warranty against hidden defects.

Article 9 – PERSONAL DATA PROTECTION

In the context of the commercial relationship, the Company, as the data controller, collects a certain amount of mandatory personal data (including, but not limited to, name, first name, delivery address, etc., marked with an asterisk) that are essential for processing the Order, managing the commercial relationship, generating statistics, and complying with the Company's legal and regulatory obligations. These data are retained for five years following the end of the Contract.

The Client's failure to provide this information would make it impossible to process their Order.

These data are intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, such as those handling Product delivery or processing payments.

Regarding personal data, the Client has several rights:

  • Right to access their personal data;
  • Right to rectify and delete data if they are inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, or storage of certain data is prohibited;
  • Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
  • Right to object to the processing of data (especially in the case of data processing for commercial prospecting);
  • Right to formulate post-mortem directives concerning the storage, erasure, and communication of their personal data;
  • Right to withdraw their consent for specific processing operations (processing conducted before the withdrawal of consent remains lawful);
  • Right to lodge a complaint with the CNIL (French Data Protection Authority).

To exercise these rights, the Client can submit a request to the Company via:

  • A letter sent to Brand Rossetti, 229 Rue Saint Honoré, 75001 Paris.

The request must include the Client's email address, name, first name, postal address, and a copy of their identity document (front and back).

A response will be sent to them within one month of receiving the request.

Article 10 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on the Product page, the sale of Products on the site does not entail any transfer of intellectual property rights on the Products sold.

The trademarks, domain names, products, software, images, videos, texts, or more generally, any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these GTC.

Article 11 

The Company shall not be held liable for any failure to perform its obligations under these terms in the event of a fortuitous event or force majeure that would prevent its performance. The Company will inform the Client of such an event as soon as possible.

Article 12 – EXCLUSION OF LIABILITY

Notwithstanding any contrary provision stated herein, the Company shall not be held liable for any losses or damages caused by improper use of the Product(s) by the Client, including but not limited to any unauthorized modification or alteration of the Product(s).

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC or, more generally, the applicable legal provisions, without prejudice to any damages that the Company may seek.

Any person whose account has been suspended or terminated may not place orders or create a new account on the Site without prior authorization from the Company.

Article 14 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

For each Order, the Order summary is sent by email to the Client and archived on the Company's website.

The archiving of communications between the Company and the Client is done on computerized records that are kept for five years under reasonable security conditions. These records, on which communications are stored on a reliable and durable medium, are considered as proof of communications, orders, payments, and transactions between the Client and the Company. They may be produced as evidence of the Contract.

Archiving of communications, orders, order details, and invoices is carried out on a reliable and durable medium to constitute a true and lasting copy in accordance with Article 1360 of the French Civil Code. These documents may be used as proof of the Contract.

The Client may access archived elements upon request at helpglowgenie@protonmail.com.

Article 15 – NULLITY AND MODIFICATION OF THE GTC

If any of the provisions of these GTC are nullified, they shall be deemed unwritten but shall not invalidate the remaining contractual provisions.

Any leniency by the Company in enforcing any part of the obligations set out in these GTC, regardless of frequency and duration, shall not constitute a modification of the GTC or generate any right for the Client.

Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION

These GTC are governed by French law.

In the event of any difficulty, Customer Service is available to find an amicable solution.

If no amicable solution can be reached with Customer Service, the European Commission has set up a platform for online dispute resolution aimed at collecting consumer complaints following an online purchase. The platform then transmits these complaints to a competent national mediator. You can access this platform via the following link: http://ec.europa.eu/consumers/odr/.