legal notices and General Conditions of Sale


This website is published by ROSEBUD, a limited liability company with capital of €24,000, registered with the Register of Trade and Companies of Montpellier RCS No. 751 129 479, whose headquarters are at 4 rue de la Salle l’Evêque - 34000 Montpellier, France (hereinafter ROSEBUD), telephone + 33 (0) 6 19 59 01 32, EU VAT registration number FR 73 751 129 479.

ROSEBUD operates the trademark TURTLE DOVE.

Website Director is Mrs. Mathilde Girard.

Website is hosted by the Company PHPNET France, 3 rue des Pins 38000 GRENOBLE.

The current website has been the object of a declaration to the « Commission Nationale de l'Informatique et des Libertés » (National Commission for information technology and civil liberties) registered under the number 1727237 v0.


TURTLE DOVE is open to phone calls from Customers from Monday to Friday from 10 am to 4 pm on + 33 (0) 6 19 59 01 32 and can be contacted by e-mail on <contact@turtledove.fr>


Section 1 - Purpose


These General Conditions of Sale apply to and govern the contractual relations between the company ROSEBUD, owner and operator of the TURTLE DOVE trademark, and any individual not registered or acting as a trader (hereinafter referred to as "Customer", who wishes to make a purchase through the TURTLE DOVE website accessible at the addresses <http://www.turtledove.fr> and <http://www.turtledove-shop.fr) (hereinafter referred to as the “Website”).

Under these General Conditions of Sale, references to TURTLE DOVE shall be deemed to include and make reference to ROSEBUD as owner and titleholder of TURTLE DOVE.

TURTLE DOVE and Customer jointly shall be known as ”the Parties”.

These General Conditions of Sale may be modified, added to or amended at any time at the sole discretion of TURTLE DOVE.

The General Conditions of Sale that are applicable represent the entirety of the contractual obligations of the Parties and are those in force on the day a given purchase order is made.

In the absence of conditions of sale, the customary procedures applicable for the time being to distance selling in France shall govern the relations between the Parties.

Any Customer having made and confirmed an order on the Website is considered as having fully and without reservation accepted the General Conditions of Sale in force on the day the order was confirmed.

These Terms and Conditions are directly accessible free of charge on the Website.

The contract of sale is that made between Customer and TURTLE DOVE.

The essential characteristics and the prices of products sold by electronic means, are freely available for consultation on the Website.

Section 2 - Definition of Status of Customer


Products made available for sale on the Website are reserved exclusively to individual consumers acting for private purposes unconnected with any professional activity. TURTLE DOVE reserves the right to refuse any purchase orders received for goods in quantities that are clearly in excess of purely individual needs.

Geographical restrictions apply inasmuch as TURTLE DOVE shall make deliveries to Customers only in the countries listed in Annex 11.

Customer declares that it is fully authorized to use the credit card proffered.


Section 3 – Computer network


TURTLE DOVE will make best effort to ensure an access to the Website year-long, 24 hours out of 24 and 7 days a week, but shall incur no liability whatsoever in respect of any interruption, unavailability or lack of reliability of the Internet network.


Section 4 – Setting up a Customer Account


All purchase orders through the Website require prior Customer identification by the submission of Customer’s personal and confidential log-in and password.

Purchases cannot be made by a Customer unless a Customer account is first opened in accordance with the procedure set out in this article.

All Customers of an age legally entitling them so to do may set up a Customer account by going to <My account> and then to <Create account> following the procedure whereby Customer fills in the form proposed and takes full responsibility for entering data for personal identification purposes. Thereby Customer knowingly places itself under the obligation to provide complete, accurate, sincere and up-to-date personal information.

Customer’s account is personal and may not be used by any other person than Customer, nor be transferred or assigned to a third party. Customer undertakes to keep secret its log-in and password and not to disclose them. Customer accepts sole liability for accessing its own account with its own log-in and password, except there be evidence of misuse thereof by a third party.

Setting up a Customer account under the procedure described above entails the express, unreserved and prior acceptance by Customer of these General Conditions of Sale.

Customer will receive confirmation of the set-up of its account dispatched to the e-mail address declared by Customer in the account set-up request form.

If the declared log-in and/or password is forgotten or lost, or in the event of suspicion of use by a third party, or for any other legitimate reason, Customer may create a new password on the <My account> page by clicking on <My personal information>.

Customer may through its account at all times access order history and the status of orders being processed

TURTLE DOVE reserves the right to close any Customer account and consequently to refuse to make a sale to a Customer, and may do so in the following circumstance:

Unjustified failure to make payment for one or more prior orders,
Misuse of the Website purchase order system (in particular use for professional or commercial purposes, spoofing a Customer account, clearly fanciful information)

When closing a Customer account, TURTLE DOVE will inform Customer by sending an e-mail to the address declared when setting up its account.


Section 5 – Product Choice and conformity


Customer shall make its choices of products at its sole discretion, and shall take full responsibility for its decisions. TURTLE DOVE reserves the right not to execute any purchase order that in its view is clearly fanciful.

Products are offered for sale subject to their availability.

Photographs illustrating and text descriptive of the products are provided for guidance only. TURTLE DOVE shall not be held liable for any error or failing other than those materially affecting the essential characteristics of the product. For example, it may happen, due to the Internet browser or visual display unit in use, that the images and colors as they appear of the products offered for sale on the Website, may not exactly match product colors when viewed in natural daylight.

For the purposes of making inquiries or comments or when reporting any errors, contact should be made with Customer Service on the Website by going to <Contact>.


Section 6 - Prices


For order delivery to countries of the European Union, prices are displayed in Euros including VAT (all taxes included) but not including contributions to cover expenses of processing and shipping.

For deliveries to countries outside the European Union, prices are shown excluding taxes. However, these orders may be subject to taxes and customs duties in the country of destination. These costs shall be borne and formalities discharged, by Customer when taking receipt of the goods. Taxes and other duties shall be payable to the carrier upon delivery.

Prices may be changed at any time at the discretion of TURTLE DOVE

Products are charged on the basis of the rates in force when the purchase order was placed by Customer. Rates when they come into effect are definitive and may not subsequently be modified.


Section 7 – Purchase Orders


Orders are registered directly online through Customer’s Website account, subject to identification procedures. Customer may select one or more items and place them in a “basket” subject to availability.

Basket contents will be definitively attributed to Customer after it has confirmed the order and made payment. Making a purchase order implies Customer’s prior acceptance of the items ordered and of the price attached to them.

On order confirmation, detailed acknowledgment is sent to Customer by e-mail to the address notified by Customer provided it is error-free.


Section 8 – Proof of Transaction


Customer acknowledges and agrees that Website systems for order registration and confirmation are sufficient proof of the binding nature of the transaction between TURTLE DOVE and Customer.

Customer acknowledges and agrees that acceptance of the General Conditions of Sale is sufficiently evidenced by its checking the box: “I have read the General Conditions of Sale and I adhere to them without reserve” prior to each order.

Accordingly, Customer acknowledges that computerized information stored in TURTLE DOVE electronic processing servers in reasonable conditions of security and integrity, is considered proof of acceptance and evidence of the transactions agreed between TURTLE DOVE and Customer.

When order execution takes places, TURTLE DOVE will archive the general terms and conditions accepted by Customer along with the relevant purchase orders and invoices, on a reliable and durable medium pursuant to Article 1348 of the French Civil Code.


Section 9 - Payment


All payments are made in Euros and in cash on the day the order is placed.

TURTLE DOVE favors the payment of orders placed on the Website by credit card (Visa, Mastercard and American Express), Paypal payment and payment by bank transfer.

The Website is equipped with the CM - CIC p@iement online payment system to perform transactions on the website of TURTLE DOVE’s bank partner CIC in encrypted mode. This system benefits from Secure Socket Layer (SSL) payment that encrypts Customer bank details during data transmission on the network.

Customer banking information is known only to the Bank which saves it on a secure server.


Section 10- Product availability


Customer when selecting one or more items, prior to any order, will be notified if they are not available due to insufficient stocks.

If two purchase orders are made simultaneously for a single remaining product, TURTLE DOVE will warn Customer by phone or e-mail as soon as possible.

In the event of order cancellation due to stock shortage, Customer will be reimbursed all amounts paid for products not deliverable, as soon as possible and at all events within 30 days. Refunds will be effected by crediting the bank account of the Customer having placed the order.


Section 11 - Delivery


Customer may opt for delivery either to the billing address declared when the Customer account was set up or to another address (delivery address).

It is Customer’s duty and responsibility to provide the comprehensive information required for the proper routing and satisfactory delivery of the order. TURTLE DOVE disclaims all liability in respect of incorrect spelling or wording of delivery details.

TURTLE DOVE undertakes to effect delivery of products in the shortest possible time. Nevertheless, delivery times are those indicated by the relevant postal or carrier services and TURTLE DOVE shall in no circumstance be held responsible for delays in delivery that are beyond its control.

A delay in delivery ascribable to TURTLE DOVE shall not be deemed a cancelation of the order. TURTLE DOVE will by e-mail inform Customer of the delay and Customer may opt cancel the order by issuing notice of cancellation. Customer will then be refunded to the value of the relevant purchase order. Otherwise, the order will be shipped as soon as availability allows.

If an order is made up of products subject to different shipping times, the shipping time stated for the order as whole will be that based on the longest shipping time of any one part of the order. If TURTLE DOVE is forced to split an order for delivery into separate parts, it will notify Customer by e-mail, Customer’s contribution to the costs of processing and shipping nevertheless remaining unchanged.

TURTLE DOVE delivers in Metropolitan France, Corsica, Monaco and Andorra as well as in other countries of the European Union (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden) and in Switzerland, in the United States, in Canada and in Japan.

Customers located outside the above areas may contact Customer Service (cf. article 13), which will make every effort to meet the delivery request and study the terms and conditions of delivery to the location in question.

Customer disposes of several options for delivery:

Delivery by Standard Colissimo Service
Deliveries are made within 48h from Monday to Saturday morning, excluding public holidays for orders to Metropolitan France, Monaco, Corsica and Andorra.
Orders to other countries are made within 3 to 8 working days.
Customer order is delivered against signature of receipt at the delivery address shown on the purchase order form. If recipient is absent at time delivery, a failed delivery advice note is left to enable retrieval from the nearest Post Office. Packages are kept at the Post Office for 15 calendar days and if not claimed within the time stipulated by the carrier, will be returned to TURTLE DOVE.
 
Delivery by UPS
Deliveries are made within 24h to 48h from Monday to Friday, excluding public holidays for orders to Metropolitan France.
Orders to other countries are made within 5 working days.
Customer order is delivered against signature of receipt at the delivery address shown on the purchase order form. Customers when ordering should ensure that they give, in writing, all necessary details about the place of delivery (door entry code, building, floor numbers, etc.), as well as a valid contact phone number. If the recipient is absent, carrier will leave a notice of failed delivery and expected time of next delivery. Customers may call UPS Customer Service to set a new delivery time at recipient convenience. Once 3 (three) attempts at delivery have been made unsuccessfully to the address shown for delivery, products will be returned to TURTLE DOVE.

Deadlines and delivery costs depend on the country of destination and weight of package.

Customers may track order processing and delivery status by going to <My orders> in <My account>.


Section 12 – Right of Order Cancellation


Customer is required to check product condition on delivery.

Pursuant to legislative and regulatory provisions, Customer has up to 14 days counted from the day after product receipt or retrieval in which to notify TURTLE DOVE of its decision to cancel its purchase and to return the product without penalty, surcharge or need to give a reason.

No complaint or claim can be entertained after the above 14 day period has elapsed.

Customers are advised to contact Customer Service by phone or e-mail before returning products.

The cost and risks related to the return of the product are the responsibility of TURTLE DOVE for all orders delivered in metropolitan France, Monaco, Corsica and Andorra. The Customer must contact the Customer Service Team (by phone or e-mail) who will send him a Colissimo shipment label to print and stink on the parcel. For all other orders, the cost and risks related to the return are the responsibility of the Customer, except in the case of a defective item. In this event, the Customer must contact the Customer Service Team as soon as possible, before returning the item.

Customer must return the product perfectly protected and labeled, in its original packaging, in perfect condition for resale and accompanied by the purchase order number to the following address: TURTLE DOVE, 4 rue de la Salle l’Evêque, 34000 Montpellier, France.

TURTLE DOVE disclaims all responsibility for and will turn away any item returned incomplete, damaged, in poor condition or showing signs of use.

Products accepted for return will be refunded in the amount of their purchase price by crediting the bank account of the Customer placing the order, no more than fourteen days from the date on which TURTLE DOVE is informed of the decision of the consumer to retract or until receipt of goods returned in acceptable condition if that period is longer.

Turtle Dove does not exchange goods. Customer must return the products deemed unsuitable and order new articles from the Website.


Section 13 – Customer Service


In the event that Customer needs advice or information about a TURTLE DOVE product, or of a claim, Customer should make contact with TURTLE DOVE Customer Service.

Customer Service is accessible as follows at the times shown below:

by e-mail: contact@turtledove.fr
by phone: +33 (0)6 19 59 01 32, Monday to Friday from 10 am to 4 pm
By post: TURTLE DOVE, 4, rue de la Salle l’Evêque – 34000 Montpellier, France


Section 14 – Intellectual Property


TURTLE DOVE is the sole and exclusive holder of the following intellectual property rights:
on all models offered for sale,
on the Website and in particular on the entirety of its tree structure, on Website layout and headings, on its identity both visual and graphic, on Website design and its look-and-feel, its functionalities, software, text, animated or fixed images, sounds contributing to it, on drawings, graphics and on any other component part of said Website,
on the relevant data bases, their structure and content as designed and managed by TURTLE DOVE for the needs of Website publication,
on all elements contributing in whatsoever way to or making up Website design, be they graphic or technical in nature,
on all brands, names, acronyms, logos, colors, graphics and/or other signs used, produced or implemented by TURTLE DOVE in connection with the Website.

It is consequently prohibited to reproduce in any form whatsoever, either directly or indirectly, any or all of the elements referred to in the preceding paragraph and to alter the trademarks, names, acronyms, logos, colors, graphics or other signs appearing on or in connection with the elements available on the Website, and more generally to use or exploit said elements other than in strict accordance with these General Conditions of Sale.

Therefore, any reproduction, representation, adaptation, translation and/or partial or integral conversion or unauthorized use of any element of the Website and products may not take place without the express and prior consent of TURTLE DOVE.

Any creation of hypertext links to the home page of the Website or to any other page of the Website (known as deep linking) requires the prior written agreement of TURTLE DOVE.


Section 15 – Limitation of Liability


TURTLE DOVE reserves the right to modify the information contained in the Website at any time and to do so without notice.

Although TURTLE DOVE commits to describing the products with the greatest fidelity, including their essential characteristics, it cannot guarantee the accuracy, precision or completeness of all the information made available to Customer on the Website.

TURTLE DOVE shall not under any circumstances be held liable for:
any imprecision, inaccuracy or omission not relating to essential characteristics of the products;
any direct or indirect damages caused by an event of Force majeure (considered to be Force majeure are those events generally deemed so under the precedents set by the Cour de Cassation in France (Court of Final Appeal) and/or within the meaning of Article 1148 of the French Civil Code) or caused by a personal act of Customer.

In addition, TURTLE DOVE shall not be held liable for any failure to perform the terms of the contract of sale entered into insofar as that failure arises from strikes or other disruptions including those affecting postal services and transport and/or communication.

Customer shall take sole responsibility for the manner in which it makes use of the Website.

In any case, this Website is made available for personal and private use only. All use of this Website for commercial or professional purposes is prohibited. Therefore, TURTLE DOVE shall not in any way be held liable for any indirect and/or intangible damages caused by or affecting a professional making use of the Website for the purposes of its business or profession nor be held liable in this respect for loss of profits, clients, reputation, image, data, or other loss of intangible assets. TURTLE DOVE shall only be held liable for the direct, personal and certain damage suffered by Customer and then only when it is demonstrable that the actions of TURTLE DOVE are the direct cause of prejudice if any.

Section 16 - Protection of privacy


ROSEBUD is responsible for the processing of personal data gathered from data collected on the Website. Information relating to Customers is intended solely for use by TURTLE DOVE.

In accordance with the French Law n°78-17 of January 6, 1978, TURTLE DOVE shall through a so-called 'opt-in' check-box solicit and obtain the agreement of the Customer to any transmission of Customer’s electronic communication information to TURTLE DOVE business partners.

Pursuant to the Law of January 6, 1978, Customer has a right of access to, and of modification, rectification and deletion of the data concerning it, a right which it may exercise by contacting TURTLE DOVE at the following address: TURTLE DOVE (SARL ROSEBUD) - 4 rue de la Salle l’Evêque - 34000 Montpellier, France.

TURTLE DOVE may use cookies consisting of a low volume file containing data including a unique log-in transmitted by TURTLE DOVE to Customer's browser and stored on its hard drive. During each visit by Customer to the Website, cookies enable statistical studies of the overall take-up of the Website, identification of Customer when necessary, and study of internet browsing behavior in including Customer’s own when browsing in the different sections of the Website, thereby enabling the customization and enhancement the Website in terms of its organization, display and contents.

Customer may choose to refuse the installation and use of cookies by configuring its web browser accordingly. However, Customers are informed that access to certain services and/or sections of the Website may in this case be modified or rendered impossible.


Section 17 - Term of the General Conditions of Sale and Modifications thereto


These General Conditions of Sale shall apply throughout the time said Conditions are displayed online on the Website and shall continue to apply to all transactions made under the scope of Said General Conditions of Sale.

Given that there may be developments of the Website and changes in regulations, TURTLE DOVE reserves the right to modify these General Conditions of Sale. New General Conditions of Sale will apply as of the date they go on-line on the Website.


Section 18 – Invalidity of a clause


No matter that a clause of these General Conditions of Sale is declared invalid, all other clauses shall remain in force and continue to bind the Parties.


Section 19 – Governing law


The language of these General Conditions of Sale is the French language.

These General Conditions of Sale are exclusively governed by French law.

Failing amicable settlement, any dispute relating to the validity, the interpretation or the implementation of these General Conditions of Sale shall go before the French courts.