Terms & Conditions
CEMAROSE.COM e-commerce website is operated by BURGERMAN SARL, which has registered capital of €30,000 and head offices located in CANNES (37 Rue D'Antibes – 06400 CANNES) and is registered with the CANNES Trade & Companies Register under number 909 371 511.
VAT no.: FR 69 909 371 511
The general terms of sale set out below shall apply to all orders placed with BURGERMAN SARL and to all items and services offered on the CEMAROSE.COM website, save in the case of a prior written agreement otherwise. The present general terms of sale will systematically be available for you to read whenever you place an order.
Consequently, the fact of placing an order entails your full and unreserved acceptance of these terms.
The guaranteed prices are those displayed on the website at the time of order placement. These may, however, be modified at any time in the event of special conditions arising in relation to certain economic factors, taxes and duties, changes in the cost of labour or raw materials, any special requests on your part, etc.
All prices are stated in euros.
All prices are displayed inclusive of value added tax (VAT).
With regard to export sales, the prices are understood as FOB Cannes. You will be responsible for customs clearance and the payment of any taxes and duties.
1. Your shopping bag is your purchase order.
2. If you choose to place an order, you will need to enter the information required for billing and delivery of the items. The information that you provide will then be binding on you. In the case of an error in the delivery details, neither the website nor BURGERMAN SARL may be held liable for any inability to deliver the item(s).
3. After submitting your details, you will be asked to choose your payment method. Your order will automatically be submitted and will constitute an irrevocable commitment on your part, which can only be contested in the specific cases stipulated herein (see your right to cancel).
All orders are considered firm and may only be cancelled with BURGERMAN SARL's consent, and this under conditions that will indemnify the latter against any harm or damage incurred as a result of the cancellation.
At each stage in processing your order (confirmation, any changes in availability, and shipment), an email will automatically be sent to you, assuming the email address was correctly entered on the registration form. The email confirming the processing of your order and shipment of your parcel will provide the parcel number and a link to the carrier's website for delivery tracking.
CEMAROSE.COM and BURGERMAN SARL reserve the right to refuse an order for any reason whatsoever (problems with the order, with stock levels, etc.). The company will have five business days in which to inform you if it is unable to fill your order and to ask you to either change or cancel it.
Payment in full is due upon checkout
Banking data is transmitted to our server using encrypted SSL (Secure Socket Layer) via Stripe. Cemarose.com cannot see credit card information, and Adyen does not store these numbers on its server. No single person has access to this information, whether digitally, printed or otherwise.
Payments can be made using the following methods:
Credit / Debit Card (Visa, Master Card, Amex)
The order is launched at the time of payment, which is stipulated as being irrevocable, paid in cash, net and with no discounts. Any payment delay, incident or default will incur late fees at one and a half times the prime rate pursuant to Article 53 II of French Law No. 2001-420 of 15 May 2001, published in the Official Gazette on 16 May 2001.
DELIVERY ZONES AND TIMES
We will deliver your items wherever you like. If you want your order to be delivered at a friend's or neighbour's house, at your place of work, etc., simply indicate this when placing your order by selecting the SDA delivery option.
You will see an estimated delivery timeframe when you select your method of delivery.
Here are the delivery options for orders placed on CEMAROSE.COM: - Colissimo expert
Pour Italy: - SDA
Other countries: - DHL
The available modes of transport will depend on the delivery country.
Delivery will be made directly to the intended recipient, with signature acknowledgement of each delivery by the identified recipient. In all cases, we advise you to verify the contents and condition of the parcel before signing the delivery slip. In the event of a dispute regarding the transport (breakage, damaged item, damaged packaging, etc.), we advise that you indicate this on the delivery slip, or that you notify the carrier within 24 hours. This written record with the carrier will speed up any refund requests, although it is not compulsory.
For SDA deliveries, if you or the recipient of the parcel is absent at the time of delivery, a delivery notice will be left, indicating when and where to collect the package. The parcel will then by held at a post office for 15 calendar days. If not collected within the time indicated by the carrier, the products will be returned to BURGERMAN SARL, which reserves the right to refund the price of the products; the shipping costs will remain at the customer's expense.
In the event of a late delivery, you will need to first contact the carrier or its distribution office in the case of delivery through the French postal system, to check whether the parcel might be on hold there. If necessary, contact CEMAROSE.COM Customer Service by email in order to launch a claim or inquiry for a parcel search.
In case of a significant delay, we will offer compensation in the form of free shipping on your next order. Nonetheless, failure to meet the announced delivery timeframe will not give rise to the payment of damages - nor to a deduction or to cancellation of an order in progress - in the event of complete or partial strikes, whether internal or external to the company, blockage of transport or supply routes, government or legal restrictions, and so on. Nor may the CEMAROSE.COM website be held liable should any laws, regulations or any other event cause your items to be held back at the border.
RIGHT TO CANCEL, RETURN & EXCHANGE
In the case of distance sales (i.e. where the two parties are not physically present at the same time), Article L 121-20 of the French Consumer Code entitles you to change your mind and exercise your right to cancel within a period of 28 clear days, without requiring justification and without incurring any charges, with the exception of the return shipping costs. This period begins on the date of receipt of your items or acceptance of a quote for services.
Return requests are made by logging onto the CEMAROSE.COM website and going to "My orders" on the "My Account" page: you will see a list of the orders you have placed; simply click on the order number, then select the products you want to return, enter the reason and submit your return. You will be given a return number. You can return the items within seven days, at your own expense and in their original packaging.
A credit note valid for one year will then be generated, along with a code used to apply the credit (you can access this code under "My discount vouchers" on the "My Account" page). At any time, you can choose to receive a refund for your purchase (excluding shipping costs) by bank transfer in euro (all bank fees will be at your expense in the case of international transfers).
Your refund or credit note will only be processed once our Customer Service has verified the quantity and quality of the items returned to us. Items must not have been used (they may however have been tried on).
This right to cancel is exercised without any penalties, with the exception of the return shipping costs.
Any claims and disputes will always be received attentively and respectfully. In case of a dispute, please contact BURGERMAN SARL first in order to come to an amicable solution, by writing to the following address: CEMAROSE.COM - Service Clients - 18 Rue Mace 06200 NICE- FRANCE or by means of the contact form on the "Contact" page of the CEMAROSE.COM website.
Failing this and subject to the customer's status of "merchant", all disputes relating to the interpretation or implementation of the present general terms of sale will fall under the exclusive jurisdiction of the Commercial Court of Cannes.
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive you of the statutory warranty that requires professional sellers to cover you against the consequences of any hidden defects in the sold item.
BURGERMAN SARL is not the manufacturer of the products presented on the website www.Cemarose.com, as defined by Law No. 98-389 of 19 May 1998 on product liability.
As a result, in the case of personal injury or property damage caused by a product defect, its manufacturer alone may be legally pursued by the customer, based on the information appearing of the packaging of said product. In addition, the company reminds you that the products, services and information offered by CEMAROSE.COM can in no way be considered as a substitute for continuous adult supervision.
BURGERMAN SARL may not be held liable for non-compliance with legislation in the country to which the products were delivered. It is your responsibility to contact the local authorities to check if it is possible to import and use the products and/or services that you plan to order.
We guarantee that the personal information that you provide to us will remain confidential.
In compliance with the French Data Protection Act, no. 78-18, of 6th January 1978, you have the right to access and correct your personal data. You can exercise this right by writing to us at the
following address: CEMAROSE.COM - Service Clients - 18 Rue Mace 06200 NICE - FRANCE or by means of the contact form on the "Contact" page of the CEMAROSE.COM website.
When you register on the site, place an order or perform other specific operations, CEMAROSE.COM will offer to send you its newsletters, special offers and/or sign up to be informed of any exclusive sales and to receive offers from partners of CEMAROSE.COM. You can modify your subscription at any time in the "My date of birth, password and newsletter subscription" section under "My Account" or by clicking on the hyperlink at the bottom of the offers you receive by email.
If you have not created an account, you can unsubscribe by going to "Newsletter" and entering your email address.
BURGERMAN SARL undertakes to implement your subscription changes or unsubscription from the commercial emails it sends, as quickly as possible, depending on the processing required to make the changes.
CEMAROSE.COM website is designed and managed by BURGERMAN SARL.
All visual and sound content on CEMAROSE.COM website, including the underlying technology, is therefore protected by copyright, brands and patents. They are the exclusive property of BURGERMAN SARL.
Any user with a personal website who wants to post a simple, direct link to the CEMAROSE.COM homepage, for personal uses, must necessarily request the authorization to do so from BURGERMAN SARL. In all cases, any link, even if tacitly approved, must be removed on BURGERMAN SARL's request.
Consequently, the full or partial reproduction of any content from the website, its use or sharing with third parties, irrespective of the medium, is formally prohibited and will systematically be prosecuted.
A change in legislation, regulation or court ruling rendering one or more of the clauses in these general terms of sale null and void shall not affect the validity of the present general terms of sale. Under no circumstances will such a change or finding entitle the client to ignore these general terms of sale.
Any conditions not explicitly mentioned herein will be considered as being governed by current practices amongst distance sales companies headquartered in France.
PERIOD AND APPLICATION
The present general terms of sale shall apply so long as BURGERMAN SARL is offering its services online. BURGERMAN SARL SA may modify these terms at any time.
For every step in the order placement process, as well as for the steps occurring after the contractual commitment, BURGERMAN SARL shall have a performance obligation.
In other words, BURGERMAN SARL undertakes to describe the products sold on the CEMAROSE.COM website as accurately as possible.
However, BURGERMAN SARL may not be held liable for failure to fulfil its obligations as the result of either an unforeseeable, insurmountable action by a third party to the contract or of a force majeure event, as defined by French case law.
The proposed products comply with current French legislation and with the standards applicable in France. BURGERMAN SARL may not be held liable in the event of non-compliance with legislation in the country of delivery. It is our customers' responsibility to contact the local authorities to verify the possibility of importing and using the products they plan to order.
BURGERMAN SARL may not be held liable for any inconveniences or damage relating to use of the Internet, namely including interruptions of service, the presence of electronic viruses or outside intruders or, more generally, any cases considered by the courts to be force majeure events.