General Terms and Conditions of Sale

Last updated on 05/03/2025

Article 1. Description

This website: https://www.larosee-cosmetiques.ca / (or any other address that may replace it or refer to this website, hereinafter the "Website") is published by La Rosée Cosmétiques Canada Inc., a company legally incorporated under the Business Corporations Act, whose registered office is located at 400 Laurier Ouest, Suite 600, Montreal, Quebec H2V 2K7, Canada, registered with the Registraire des Entreprises du Québec under number (NEQ) 1180153976, represented by Mr Romain BIOLCHINI in his capacity as Chairman of the company (hereinafter "La Rosée").

Article 2. Purpose

These General Terms and Conditions of Sale (the "General Terms and Conditions of Sale") are applicable exclusively to online sales:

• of cosmetic products and accessories (in particular toiletries bag, tote bags, travel kits, etc.) (hereinafter the "Products"), designed and marketed by La Rosée, 
• These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Use as well as the Privacy Policy, the Return Policy and the Cookie Policy, as defined below.

Article 3. Definitions

"General Terms and Conditions of Sale" and "Product(s)" are defined in Article 2 above. 

"Website" and "La Rosée" are defined in Article 1 above. 

"Customer" means any natural person having the status of "consumer" within the meaning of the Consumer Code. 

"Order" means any order for Products issued online by a Customer via the Website and being firm and final once the payment of the corresponding Price has been paid. 

“Personal Information” means any information that concerns a natural person and allows them to be identified directly or indirectly. This includes, but is not limited to, name, postal address, email address, telephone number, financial information, location data, an online identifier, or any information relating to the personal, social or professional characteristics of that person. Information is deemed personal if it identifies a person, alone or in combination with other information. 

“Price" means the sale price of the Products. 

“Party(ies)” refers individually or collectively to La Rosée and/or the Customer. 

“General Terms and Conditions of Use” means the general terms and conditions of use of the Website. 

“Privacy Policy” means La Rosée's privacy policy. 

“Cookie Policy” means La Rosée's cookie policy. 

"Return Policy" means the return and refund policy for La Rosée Products applicable to the Customer. 

"Personal Space" is defined in the General Terms and Conditions of Use. 

“User” refers to any user of the Website. 

Article 4. Scope of application - contractual documents

• These General Terms and Conditions of Sale exclusively govern the contractual conditions applicable to any Order issued by a Customer, which constitute, together with the Order, the electronic contract concluded between the Parties and which is enforceable against them. In the event of conflict between the provisions of the Order and the those of these General Terms and Conditions of Sale, the latter shall prevail. The General Terms and Conditions of Sale are applicable to Products delivered to Customers established in North America. The General Terms and Conditions of Sale are written, as well as all the contractual information mentioned on the Website, in French. In the event of translation into another language, the French version shall prevail for legal interpretation in the event of any discrepancy or conflict between the versions. The general terms and conditions of La Rosée's subcontractors, which are accepted by the Customer by the mere fact of acceptance hereof, also apply:
• Apple Pay: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
• Shopify Payments: https://www.shopify.com/fr/paiements 

Article 5. Pre-contractual information

• The Customer acknowledges that they have been informed, prior to placing their Order and entering into the electronic sales contract, in a readable and comprehensible manner, of these General Terms and Conditions of Sale, and of all the information listed in Articles L. 54.4 of the Quebec Consumer Protection Act.

Article 6. Conditions for placing an order

The Order for Products is reserved for (i) adults with legal capacity, and (ii) minors holding an authorisation from their legal representative allowing them to place an Order and having legal capacity. La Rosée reserves the right to ask any Customer for proof of identity certifying their age. Customers are prohibited from making a purchase for resale of the Products and from purchasing the Products for use in connection with their professional activity.

Article 7. Products

7.1 Products

The conditions of sale of the Products offered on the Website are those appearing on the Website on the day of consultation of the Website by the Customer. The Products are intended for personal use. The essential features of the Products are described on the online catalogue of the Website. They were presented to the Customer prior to the Order, as part of the pre-contractual information communicated to it via the Website. The Products are described with the greatest possible accuracy. However, if errors or omissions are found in this presentation, La Rosée cannot be held liable. The photographs of the Products are not contractual. The Products are compliant with the Quebec and Canadian legislation in force. La Rosée cannot be held liable in the event of non-compliance with the legislation of the country to which the Product is delivered (for example: in the event of a ban of a Product). Customers are responsible for checking with the authorities of the country of delivery the regulations applicable to the Products (import rules and conditions of use of the Products in particular) that they wish to Order.

7.2 Product unavailability

The offers of Products are within the limit of available stocks. The Customer is required to read the descriptive sheet of each Product in order to know its essential properties and particularities. In the event of unavailability of Products, La Rosée undertakes to inform the Customer, when placing the Order, via a message informing the Customer of the unavailability of the Product(s).

7.3 Samples at the Consumer's request

Sample offers are offered subject to available stocks of Products and on express request by the Consumer.

Article 8. Price

The Product Prices are indicated in Canadian dollars, all taxes included on the day of the Order. They may be accompanied by any discounts, applicable on the day of the Order. The Product Prices do not include the delivery costs of the Products, which are indicated before the validation of the Order, according to the delivery method chosen, and invoiced in addition, nor the customs costs and any other taxes borne by the Customer. Customs fees and any other taxes must be paid by the Customer, if applicable, directly to the carrier. The total amount due by the Customer is indicated on the Order confirmation page. Any discounts granted in the form of promotional codes are valid only for one Order per household, and are not cumulative with other discounts. 

Article 9. The order process

9.1 Terms of the Order

Users wishing to order Products via their Personal Space on the Website must first activate it, in accordance with the terms set out in the General Terms and Conditions of Use available here.  

The placing of an Order on the Website is subject to compliance with the procedure put in place by La Rosée and the successive steps that lead to the validation of the Order.

The Customer may access the online catalogue of Products for sale on the day of consultation of the Website, choose the Products they wish to purchase and add one or more Product(s) to their virtual shopping cart. The Customer's virtual shopping cart provides an overview of the Products selected by the Customer as well as the Prices and related costs. The latter remains free to modify their virtual shopping cart until the validation of the Order.

In accordance with the provisions of Article 6 of these GTCS, the Customer may not purchase the Products for the purpose of resale and/or professional use.

A Customer is limited to a maximum of 10 Products for the same reference during the same order and for a period of fifteen (15) days.

In the event of non-compliance with these conditions, La Rosée shall be entitled to cancel the Order.

The Order is validated when the Customer has read these General Terms and Conditions of Sale and then ticked the box "I have read and accept the General Terms and Conditions of Sale".

The Customer undertakes to complete accurately and in good faith any contact form containing the Personal Data during the Order process.

9.2 Evidence

Computerised records, kept in the La Rosée's computer systems under reasonable security conditions, will be considered as evidence of communications, Orders and payments made between the Parties. The Orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

9.3 Payment

The Price paid by the Customer to La Rosée is the amount indicated on the Order confirmation sent by email by La Rosée to the Customer. The Customer has the choice during the validation of his Order between the following different payment methods:

• By credit card (Visa, Mastercard, Amex) via the payment system made available by Shopify Payments, whose terms and conditions are applicable to the use of said system: https://www.shopify.com/fr/paiements
• If payment is made by e-Gift Card, the amount of the Order is debited on the Order. If payment of the Order is made by bank card, the card shall only be debited when La Rosée dispatches the Customer's parcel. In the context of payments by bank card, La Rosée does not have access to any Personal Data relating to the Customer's means of payment. Payment is made directly to the bank. The Order is validated by La Rosée only after acceptance of the General Terms and Conditions of Sale by the Customer, confirmation of the validity of the payment by La Rosée and sending the Order confirmation email to the Customer. La Rosée reserves in all cases the right to refuse the Order or any shipment in the event of refusal of authorisation for payment by bank card from the banking institutions.

9.4 Order confirmation

Once the Order is confirmed and payment is made by the Customer, La Rosée undertakes to acknowledge receipt by sending the Customer an email, without undue delay. La Rosée undertakes to send the Customer a summary of the Order and to confirm its processing, which includes the following information:

• Identity of La Rosée and its contact details;
• Summary of the Order and the essential characteristics of the Products;
• The General Terms and Conditions of Sale as accepted by the Customer;
• The Product Return Policy;
• The delivery times and costs;
• The total amount of the Order, including all taxes;
• The legal rights and guarantees available to the Customer;
• The payment confirmation;
• The Order reference.

ARTICLE 10. Delivery and receipt

10.1 Delivery terms

10.1.1 Delivery of Cosmetic Products

The Order for Cosmetic Products is prepared and then shipped to the postal address provided by the Customer at the time of the Order. As such, it is essential that the Customer takes special care to provide all of their delivery and billing details if they are different. In the event of an error (or missing information) in the recipient's contact details (in particular surname, first name, number, street name, postal code, city name, telephone number, email, etc.), La Rosée cannot be held responsible for the impossibility of delivering or the loss of the package. Delivery is made by the postal services or by a carrier mandated by La Rosée. La Rosée offers the Customer different delivery methods. The amount of the Cosmetic Products delivery costs depends on the delivery method chosen by the Customer. The Customer is informed of the delivery costs of the Cosmetic Products when filling in information for "Delivery" in the online Order process before validation of the latter.

10.2 Delivery times

10.2.1 Cosmetic Products

From the confirmation of the Order, the Cosmetic Products concerned are delivered within the indicative deadlines that any Customer can calculate before validating their virtual shopping cart, according to the chosen delivery method.

In any case, La Rosée undertakes to deliver the Cosmetic Products within thirty (30) days maximum after confirmation of the Order.

If delivery does not occur by the end of this period, the Customer may request the cancellation of the Order under the conditions set out below.

10.3. Delivery delays

Any delay in delivery - in the event of exceeding the maximum period of thirty (30) days after confirmation of the Order - except in cases of force majeure, entitles the Customer to cancel the Order and to be refunded for the Price.

In the event of a delay due to La Rosée, La Rosée undertakes to inform the Customer by email that the delivery will be delayed.

However, the Customer may request a refund of the Price of the Product concerned by sending La Rosée an email requesting the cancellation of the Order.

The reimbursement of the Product by La Rosée will take place within a maximum period of fourteen (14) days following receipt of the Customer's cancellation request, depending on the method of payment used, to the exclusion of any other compensation. This includes the reimbursement by La Rosée of the Customer's shipping costs.

10.4. Receipt of Cosmetic Products

The Customer is required to track the sending of their parcel and to collect it by the specified date. The Customer shall be solely liable for any non-receipt of the parcel due to their fault. Therefore, if the Customer wishes to request a new shipment of the parcel, La Rosée reserves the right to charge the Customer in addition to the additional shipping costs for this new shipment. Upon receipt of the Cosmetic Products, the Customer is advised to check in the presence of the delivery person the condition of the delivered Product, and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and optionally to refuse the Cosmetic Product and to notify La Rosée by email. Any damaged Cosmetic Product must be reported on the delivery note and reported by email or by registered letter with acknowledgement of receipt to La Rosée's customer service indicated in Article 16 below, within ten (10) days following receipt of the Order. In the event of delivery of damaged Cosmetic Products, La Rosée undertakes to reimburse or replace the Cosmetic Products concerned at its own expense.  In the event of missing Cosmetic Products, La Rosée undertakes to send, at its own expense, the said missing Cosmetic Products.

ARTICLE 11. Transfer of ownership - transfer of risks

La Rosée retains full ownership of the Products until the full receipt of the Price. The transfer of risk is made when the Customer takes possession of the Products. 

ARTICLE 12. Legal warranty of compliance and hidden defects

12.1. Description of the legal guarantees

No conventional guarantee is granted for the Products. However, Cosmetic Products purchased with e-Gift Cards have the same Return Policy as Cosmetic Products purchased with other means of payment.

La Rosée is bound by the legal guarantees provided for by the Quebec Consumer Protection Act and the Quebec Civil Code. These guarantees apply automatically and at no cost to the Customer. 

These guarantees include in particular: 

-a guarantee of normal use: La Rosée guarantees to the Customer that the Product can be used for the purpose for which it is normally intended as described on the La Rosée Website; 

- a reasonable guarantee period: La Rosée guarantees that the Product can be used normally for a reasonable period of time, taking into account the Price paid, the conditions of use and the representations made;

-a guarantee against hidden defects: La Rosée guarantees that the Product purchased is free from any significant defect that would make it unfit for the use for which it is intended, or that would reduce its usefulness to such an extent that the Customer would not have purchased it, or would not have paid this price, if they had been aware of it. 

In accordance with the applicable Law, the Customer has a period of seven (7) days following the discovery of any lack of conformity described above, without however being able to exceed fourteen (14) days following receipt of the Product(s), to inform La Rosée, via the contact details indicated in Article 16 hereof. If no notification is sent within this period, the Customer will be deemed to have accepted the Product. 

The legal guarantees also apply to Products that have benefited from promotional offers. 

Under these guarantees, La Rosée undertakes to: 

- replace or refund the defective Product;

- reasonably compensate the Customer for any damage suffered and proven as a result of the Product's defect. 

12.2 Limitation on liability

LA ROSEE CANNOT BE HELD LIABLE IN ANY CASE OF INDIRECT DAMAGES SUFFERED BY THE CUSTOMER, SUCH AS LOSS OF PROFIT, LOSS OF USE OR ANY OTHER FINANCIAL OR COMMERCIAL LOSS RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS; IN THE EVENT OF DAMAGES RESULTING FROM NON-COMPLIANT USE OF THE PRODUCTS OR CONTRARY TO THE RECOMMENDATIONS APPEARING ON THE WEBSITE OR ON THE PRODUCT PACKAGING; IN THE EVENT OF DAMAGES ATTRIBUTABLE TO A CASE OF FORCE MAJEURE, AS DEFINED IN ARTICLE 17.2 HEREOF.

ARTICLE 13. Product Return Policy

The Product Return Policy in the event that the Customer wishes to withdraw an Order, or return a defective or non-compliant Cosmetic Product can be read in Appendix 1. 

ARTICLE 14. Intellectual Property

La Rosée holds the intellectual property rights relating to the Product(s) allowing it to market them as well as all intellectual property rights covering the logos, packaging and containers of the Products. La Rosée is the owner of all the trademarks designating the Products.

ARTICLE 15. Liability - insurance

The Products offered for sale on the Website are compliant with the Quebec and Canadian legislation in force.

La Rosée shall not be held liable in the event of non-performance or improper performance of the electronic sales contract due to the Customer, or a case of force majeure as defined in Article 17.2.

La Rosée declares to be covered by civil liability insurance for the activities covered by these General Terms and Conditions of Sale.

ARTICLE 16. Customer Service - Complaints 

For any difficulty, the Customer must first contact La Rosée customer service, at the following contact details, on the following days and times:

• Monday to Friday except public holiday or non-working day
• from 9:00 AM to 5:00 PM (Eastern Standard Time);
• At the following telephone number: +1 416 800 9142 or
• At the following email address contact@larosee-cosmetiques.ca  or bonjour@larosee-cosmetiques.com  

ARTICLE 17. Miscellaneous provisions

17.1. Non-validity

The invalidity of a clause of the General Terms and Conditions of Sale shall not result in the invalidity of the General Terms and Conditions of Sale. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale shall not constitute its waiver of the other clauses of the General Terms and Conditions of Sale, which shall continue to be fully effective.

17.2. Force Majeure

Neither the Customer nor La Rosée shall be held liable for the partial or total non-performance of their obligations hereunder in the event of force majeure. As such, force majeure means any unforeseeable, irresistible and external event within the meaning of Quebec and Canadian courts. The Party invoking a case of force majeure must notify the other Party, within five (5) working days after it became aware of the event. The Parties agree to work together to find a solution for the purpose of executing the Order, during the period of force majeure. After a period of one (1) month from the occurrence of the case of force majeure, if La Rosée unable to deliver the Order, it undertakes to reimburse the Customer.

17.3. Changes

The General Terms and Conditions of Sale in force can be found by the Customer on the Website under the heading "General Terms and Conditions of Sale" at any time; they are also directly available on all pages of the Website, and are systematically submitted to the Customer before any Order, and at the time of registration of the Order. They are also sent to any Customer in PDF version in the Order confirmation email.

They may be changed at any time by la Rosée. However, the General Terms and Conditions of Sale applicable to the Customer shall be those in force at the time of the Order as accepted by the latter.

17.4. Applicable law and jurisdiction

These General Terms and Conditions of Sale shall be governed by and construed in accordance with the applicable laws in force in the province of Quebec, including the laws of Canada applicable therein. 

Any dispute relating to the interpretation, execution or validity of these terms and conditions will be subject to the jurisdiction of the courts of the province of Quebec, in the judicial district where the consumer's domicile is located, in accordance with the Quebec Consumer Protection Act.

For consumers domiciled outside Quebec, Quebec law remains applicable to the contract, subject to the mandatory provisions of the legislation of their place of residence. The competent courts will then be those of their place of residence.

ARTICLE 18. Personal Data-cookies

The processing of Personal Data carried out by La Rosée is described in the Privacy Policy which can be read here. 

The Cookie Policy can be read here.  

Appendix 1: Return Policy 

For any purchase made in a pharmacy, we invite you to go directly to the point of sale concerned. Returns or exchanges will be processed according to the retailer's policy.

If you have ordered on larosee-cosmetiques.ca, your satisfaction is important to us. If a product is not suitable for you, you can return it within 30 days of receipt, provided it is unused and in its original packaging. If your order included a gift or promotional sample, this must also be returned.

How to return a product:

1. Download and print the return form available on our website.
2. Complete it with your name, your order number, and the references of the returned products.
3. Place it in your package and return it to the address on the form.

Return address:

Delmar International

6399 Cantay Rd

Mississauga, Ontario

L5R 0G4

CANADA

Attn: Katura Henriquez ****O: 905,206 1166x3037

Refund conditions:

Once the package has been received and inspected, a refund will be made to the original payment method within 30 working days.

Important to note:

• The return costs shall be borne by the Customer. We do not provide a prepaid return label.
• This policy applies only to purchases made on our official website www.larosee-cosmetiques.ca. For any purchase in a pharmacy, please contact the point of sale directly.

Lost or unreceived packages:

If your order is indicated as delivered but you have not received it, please contact us within 48 hours. Before doing so, please check around your home, your mailbox, or with your neighbours or the reception of your building. If the package is confirmed to have been lost after investigation, we will offer you a refund or a reshipment.