GENERAL CONDITIONS OF SALE
GENERAL INFORMATION
LEGAL MENTIONS
Publisher of the Site: The Internet Site accessible at the address https://hierrocoins.com/ (hereinafter referred to as “the Site”) is published by the company ROSLAND CAPITAL, a simplified joint stock company with a single shareholder and a capital of 50,000€, whose registered office is located at 22 Avenue de la Grande Armée 75017 Paris, registered with the Paris Trade and Companies Register under the number 894 239 581, and whose intracommunity VAT number is FR37894239581
Cookies and use of personal data: For information on cookies and the use of your personal data by Rosland, please consult our Privacy Policy, available at the following address: https://www.rosland.fr/politique-de-confidentialite/ and at the bottom of each page of the Website.
(hereinafter referred to as “Rosland”).
The purpose of the Site is the sale and purchase of gold, precious metals and numismatics (hereinafter referred to as “Product”).
Contact: Contact@hierrocoins.com /01 44 82 01 49 /69 rue de Richelieu 75002 Paris
Director of Publication: Mr Etienne Raimbaud
Website host: ISPconfig, ISPConfig UG (Haftungsbeschränkt), with registered office at Im Dorfe 10 – 21400 Reinstorf, telephone number: +49-4137-3539871, e-mail address: info@ispconfig.org
GENERAL PRINCIPLES
These General Terms and Conditions of Sale define the terms and conditions of online sales concluded between Rosland and any consumer making a purchase or a sale on the Site.
They are written in French in their original version which alone is authentic and prevails over any other version.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the Site at any time and are systematically submitted to the Customer before any order is placed and at the time the order is registered.
When opening a Customer Account, clicking on the “I accept the general terms and conditions of sale” button indicates the Customer’s consent to the application of these general terms and conditions of sale.
The Customer declares that he/she has read the following provisions before placing an order for Products.
Consequently, the fact of placing an order implies the Customer’s full and unreserved acceptance of these General Terms and Conditions of Sale.
A printed version of the General Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Terms and Conditions of Sale in the same way and under the same conditions as any other written document kept in paper format.
Failure to exercise, at any time, a prerogative recognised by these General Terms and Conditions of Sale, or to require the application of any stipulation of the agreement resulting from these Terms and Conditions, shall not be interpreted, under any circumstances, as a modification of the contract, nor as an express or tacit renunciation of the right to exercise the said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.
In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
In view of possible changes to the Site, Rosland reserves the right to adapt or modify these General Terms and Conditions of Sale at any time.
Consequently, Rosland invites the Customer to consult the General Terms and Conditions of Sale before any new order. The General Terms and Conditions of Sale in force at the time will be applicable to all orders placed from the date they are published online.
LEGAL AGE AND CAPACITY
The Customer declares that he/she is legally capable of entering into this Agreement, the General Terms and Conditions of Sale of which are set forth below, i.e. that he/she is of legal age and not under guardianship or curatorship.
INFORMATION ON THE SALE AND REDEMPTION OF PRECIOUS METALS – CAUTIONARY NOTE
- General provisions
The Client acknowledges and declares that he is aware that the whole business of buying and selling precious metals and numismatics is subject to specific regulations which he must respect (in particular the French regulations relating to gold, precious metals, taxes, customs transactions and electronic transactions).
- Availability – supply
The Customer is informed that due to fluctuations in the precious metals market, Rosland cannot guarantee the supply of products and their availability online and may have to modify certain information mentioned in the product availability.
- Taxation
Only sales of investment gold within the meaning of the regulations are exempt from VAT, pursuant to article 298 sexdecies A of the French Tax Code.
In case of sale of a Product by the Customer to Rosland, a fixed tax on precious metals (TMP) is borne by the Customer (article 150 VK I of the CGI). This tax is 11.5% (11% TMP and 0.5% Contribution au Remboursement de la Dette Sociale (CRDS)). The tax is deducted directly by Rosland from the price paid by Rosland to the Customer.
This tax is not applicable to the sale of jewellery, works of art, collectors’ items or antiques whose price or value does not exceed 5,000 euros. Above this amount, the applicable tax is 6.5% (6% TMP and 0.5% CRDS).
Gold and silver coins are considered either as precious metals when they are post 1800, or as collector’s items when they are pre 1800.
Where the Customer is able to establish conclusively the date and price of acquisition of the Product or to justify that the Product has been held for more than 22 years, the Customer may opt, instead of the TMP, for the tax on capital gains on the sale of movable property provided for in Article 150 UA of the CGI. The rate is 19% plus social security contributions. The amount of the capital gain is reduced by an allowance of 5% per year of ownership beyond the second year. The option declaration is filed by Rosland.
- Cautionary note
Rosland cannot give tax, investment, financial or legal advice, as Rosland is not authorised to give such advice.
Rosland’s statements on the tax treatment of the Products provided are based on its understanding of the relevant tax laws. Rosland cannot be held responsible if tax rules change in the future or if its understanding proves to be incorrect.
If the Client requires investment advice, he should rely on his own financial, tax and/or accounting advisors.
PRODUCTS
The essential characteristics of the Products are described for each Product in the online catalogue. They have been presented to the Client prior to the order, as part of the pre-contractual information provided to him.
CUSTOMER ACCOUNT
In order to place an order online on the Site, it is necessary to create a Customer Account.
In order to create an account, the Customer will be asked to indicate his surname, first name, delivery address, billing address, e-mail address and telephone number.
In accordance with Rosland’s anti-money laundering obligations (see Clause 21 “Anti-Money Laundering”), Rosland reserves the right to ask the Customer to provide additional information such as a copy of his/her identity card and proof of the origin of the funds.
The Customer wishing to sell Products on the Site must also provide an invoice or proof of ownership of the Products. The Customer is expressly informed that no sale can be made without this document.
Once the Customer Account has been created, a confirmation e-mail summarising the information provided is sent to the Customer at the address previously provided.
The Customer undertakes to provide Rosland with accurate, up-to-date and complete data and to maintain its accuracy. The Customer agrees not to create an account under a false identity. It is the Customer’s responsibility to update his data.
The connection identifier is the Customer’s e-mail address. Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties in any capacity whatsoever. The Customer is responsible for his password. If the Customer becomes aware that his account is being used fraudulently, he undertakes to notify Rosland immediately.
DEFINITIONS
In these T&Cs, it is agreed that the following words or expressions, whether used in the singular or plural, shall have the following meaning
Customer: a user who has created an account on the Site and who wishes to proceed either (i) to a purchase of Products from Rosland or (ii) to a repurchase by Rosland of Products he/she has purchased from Rosland.
General Terms and Conditions of Sale: general terms and conditions governing Rosland’s offer of Products on the Site and Rosland’s buy-back policy, as well as the existing contractual relationship with its Customers.
Purchase Agreement: summary document of the transaction for any sale of Products by the Customer to Rosland on the Site, having contractual value.
Products: all products in the category of precious metals such as gold, silver and numismatics, offered for sale on the Site by Rosland or that may be sold by Customers to Rosland.
VERIFICATION OF THE SUITABILITY OF THE CUSTOMER’S NEEDS
The Customer or any user of the Site hereby declares and warrants that he/she has received from Rosland all the information and advice necessary for him/her to subscribe to these General Terms and Conditions of Sale and that he/she therefore waives any dispute on this point.
The Customer declares that he/she has the necessary and sufficient knowledge, skills and resources to purchase or sell precious metals online on the Site.
The Client also declares that it has the knowledge, skills and resources, in particular human and technical resources, required to use the Site.
ENTRY INTO FORCE – DURATION
These GTC are applicable throughout the duration of the Client’s browsing and access to the Site, and for the duration of the order and delivery of the Products. The Customer is informed that the GTC may be updated at any time as indicated in article 2.
ONLINE PURCHASE
PURCHASE OF PRODUCTS ON THE SITE
How to purchase Products on the Site
The Customer places an order from Rosland’s online catalogue.
All orders are made solely via the Site.
It is specified that ALL ORDERS MADE ON THE WEBSITE ARE ORDERS REQUIRING PAYMENT.
Any order implies acceptance of the description of the Products and the prices in force on the day of the order.
To place an order online on the Site, the Customer must :
– fill his/her basket with one or more Products;
– identify themselves with their e-mail and password if they already have a Customer Account, or create a Customer Account;
– fill in the billing and/or delivery address;
– choose the delivery method.
Once the order has been completed, the Customer can check the Products ordered, the total price of the order and the conditions of the order. They choose their method of payment. He may, if necessary, modify this order or go back over his order before finally validating it.
The order will only be definitively recorded after the last validation of the order summary screen. This action is equivalent to the handwritten signature referred to in Article 1367 of the Civil Code and to the conclusion of a contract in electronic form within the meaning of Articles 1127-1 and 1127-2 of the Civil Code. As of this action :
– the Customer confirms his/her order and declares that he/she accepts it, as well as the entirety of these General Terms and Conditions of Sale fully and without reservation; and
– the order is considered to be irrevocable and may only be challenged in the cases exhaustively provided for herein.
The Customer may print the order form corresponding to his order.
Confirmation of the order
As soon as the Customer registers his order, a detailed acknowledgement of receipt of the order is sent to the e-mail address previously entered. This acknowledgement of receipt specifies the exact amount invoiced, the indication of the products ordered and their quantity, and the terms of delivery of the order. The present General Terms and Conditions of Sale are attached.
The Customer accepts that the order registration systems are proof of the purchase and its date. By keeping this e-mail and/or printing it, the Customer has proof of his order which Rosland recommends to keep.
This e-mail confirms that the Customer’s order has been taken into account by Rosland and not that the Product ordered is available.
Rosland undertakes to honour online orders only within the limits of available stocks.
In case of unavailability, Rosland will inform the Customer as soon as possible by e-mail or telephone. In case of unavailability of the Product ordered, the Customer has the option to either cancel or modify the order. In case of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days from the receipt of the cancellation request.
PRODUCT PRICES
ORDERS ON THE SITE ARE ORDERS WITH OBLIGATION OF PAYMENT.
The prices of the Products are indicated in euros, all taxes included.
Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
The price announced for the acquisition of the Products is composed for each order :
the price of the Product(s) in euros determined according to market fluctuations ;
the transport costs as described below;
taxes
For information purposes, the transport costs include the cost of delivering the Products to the Customer and the cost of transport insurance.
The transport costs as well as the above-mentioned taxes are in any case duly indicated on the Order Confirmation.
Rosland shall not be held responsible for any errors in the quotation of the Products which are subject to stock market fluctuations that may result from the Internet.
In case of doubt, reference will be made, prior to the validation of the order and by mutual written agreement between the Customer and Rosland, to the daily price certified by the stock exchange and financial authorities.
Taking into account market fluctuations, Rosland reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.
PAYMENT
Payment of the order is understood to be cash on the day of the order.
The actual receipt of funds by Rosland constitutes payment within the meaning of this article.
Payment is made online at the time of ordering by credit card.
Payments by cheque or bank transfer are accepted.
Payments by bank transfer and cheque must mention the order number. The cost of the transfer and the sending of the cheque will be charged to the Customer.
The Customer is informed that payments by bank transfer or cheque will increase the delivery time due to the time required by the banks to process this method of payment, as Rosland must ensure that the funds are available in the Customer’s account prior to delivery.
In all these cases, the order will be processed upon receipt of the payment and subject to its collection.
In case of refusal by the bank, the order will be automatically cancelled.
In order to optimise the security of transactions on the Internet, the Site uses an SSL (Secure Socket Layer) online payment system so that all means are implemented to ensure the confidentiality and security of the data transmitted in the context of an online payment.
Rosland automatically checks the validity of access rights when paying by credit card and encrypts all exchanges to guarantee confidentiality.
In order to benefit from the SSL secure payment method, the Customer must use browsers that are compatible with the SSL system.
DELIVERY
Mode of delivery
Delivery is made in metropolitan France.
The parcel number will be indicated by e-mail to the Customer, to enable him to follow the delivery.
The Customer is informed of the delivery terms and conditions before the final validation of his order.
Delivery time
Delivery times are indicated on the Site when the order is placed. They vary according to the delivery method chosen. They start to run from the moment Rosland receives payment.
If several items ordered at the same time have a different delivery date, the delivery deadline will be the latest. However, in this case, Rosland reserves the right to deliver the order in several instalments.
In case of late delivery attributable to Rosland, the Customer will have the right to request the cancellation of the sale of the Product by registered letter with acknowledgement of receipt or by any other durable medium (in particular by e-mail with acknowledgement of receipt to contact@rosland.fr) if, after having requested Rosland in the same way to deliver the Product within an additional period of 15 days, Rosland has not complied with this deadline.
In this case, the sale will be considered cancelled upon receipt by Rosland of the letter informing Rosland of the cancellation, unless Rosland has complied in the meantime.
In case of cancellation of the sale, Rosland will reimburse the Customer within 14 days from the date of cancellation.
Non-compliance with delivery deadlines will not give rise to any compensation.
RECEIPT OF PRODUCTS
The Customer is required to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the delivery agent of any reservations that he/she intends to make regarding the condition of the Product delivered so that they can be mentioned on the transport document: damaged packaging, damage suffered, conformity with the order, etc.
Any claim regarding apparent defects or non-conformity of the delivered Product with the information given at the time of the presentation of the Product on the Website, as well as any damage related to transport, must be confirmed by the Customer to Rosland within 48 hours of receipt of the Product either by registered letter with acknowledgement of receipt to the following address: 22 Avenue de la Grande Armée 75017 Paris, France, or by e-mail to the following address: Contact@hierrocoins.com.
The Customer must provide any justification as to the reality of the non-conformities, damage or defects observed.
If no complaint is made within the above-mentioned period and conditions, the Products delivered will be deemed to have been accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorization from Rosland, specifying the address and the terms of return of the Products.
Once the return authorization has been obtained, the Customer will return the Products to Rosland at the address specified on the return authorization in the manner indicated.
Any Product returned without Rosland’s consent will be refused and returned to the sender at the latter’s expense and risk.
In order to be validly returned to Rosland, the Products must be returned undamaged in their original packaging with any accessories, user manuals and other documentation.
In case the Customer returns the Products due to a proven lack of conformity confirmed by Rosland, the Customer shall use the same delivery method for the return of the Products as the one chosen for the shipment of the Products ordered. In this case, Rosland will pay the return shipping costs by means of a return voucher or, failing that, by reimbursing the Customer for the actual amount of the said costs (the proof of shipping costs must be attached to the parcel; in case of absence, no reimbursement can be demanded by the Customer).
Deliveries are made to the address indicated by the Customer when validating the order.
The Products remain the property of Rosland until they are physically taken possession of by the Customer, subject to full payment of the price.
GUARANTEE
The Customer benefits from the legal guarantee of conformity (articles L. 217-4 to L. 217-12 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code).
- Guarantee of conformity
Article L. 217-4 of the Consumer Code:
“The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
“The goods conform to the contract:
1º If it is fit for the use usually expected of a similar good and, where applicable :
– if it 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 ;
– whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2º Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article L. 217-6 of the Consumer Code:
“The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.”
Article L. 217-7 of the Consumer Code:
Defects of conformity that appear within twenty-four months of the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 of the Consumer Code:
“The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L. 217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. In such a case, he is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10 of the Consumer Code:
“If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L. 217-11 of the Consumer Code:
“The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the award of damages.
- Guarantee for hidden defects
The seller may decide to implement the guarantee for hidden defects.
Article 1641 of the Civil Code:
“The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.”
Article 1644 of the Civil Code:
“(…) the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”
LIMITATION OF LIABILITY
Rosland makes every effort to ensure that the information on the Site is accurate and up to date, but reserves the right to modify it at any time and without notice. Rosland declines all responsibility for damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Site.
Rosland shall not be held liable for the resources of third party sites on the hypertext links set up within the framework of this Website.
Indeed, Rosland has no means to control the Sites connected to its Site, of which the Customer is expressly informed hereunder. Consequently, the risks related to this use are fully incumbent upon the Internet user, who must comply with the specific terms of use of each Site.
Similarly, the photographs illustrating the Products presented are not contractual. Consequently, Rosland shall not be held liable in the event of an error in one of these photographs.
Rosland undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
The use and browsing of the Site are under the responsibility of the Customer.
Rosland declines all responsibility and shall not be held liable for any damage or virus that may affect the computer equipment or any other material when accessing the Site, using the Site or browsing the Site, downloading any content, data, text, images or files from the Site.
Rosland declines all responsibility and shall not be held liable for any damage caused to the Customer or to a third party due to the use of the Product not in accordance with its intended purpose.
Rosland shall not be held responsible in any way for significant variations in gold prices, monetary policies, bank failure, liquidity risk, insurance exclusion clauses.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
It is expressly reminded that under the terms of article L. 121-21-8 2° of the French Consumer Code, the Customer may not exercise his right of withdrawal concerning the online purchase on the Site of Products relating to precious metals (gold and silver) and numismatics, the price of which is set according to fluctuations in the price of financial markets.
Consequently, the sale of Products by Rosland shall not be subject to any reimbursement other than those set forth in these GTC, said sales being in any case designated as such to the Customers, prior to the conclusion of the sale, in the description of the offer.
CURRENCY RECOVERY POLICY
RETURN
All Graded Products purchased by the Customer from Rosland benefit from Rosland’s Take-Back Policy up to a maximum of 10,000 euros per year.
The Customer understands that this Return Policy does not constitute a right to withdraw from the purchase of Products made on the Site, but that it allows the Customer, at any time, to return to Rosland the Graded Products purchased on the Site.
Terms and conditions for returns via the Site
A Customer may return Products by mail order by contacting Rosland by telephone on 0142619646 or by e-mail at contact@rosland.fr.
Upon receipt of this request, Rosland will send the Customer an information form and an explanation leaflet.
The Customer shall return to Rosland the graded Products he/she wishes to return up to a maximum of €10,000 per year, together with the completed information form and proof of ownership of the Products.
Products which are certified coins and which are encased and sold by Rosland must not have been removed from their original shell. If this is the case, Rosland will not be able to take them back.
Coins are sent by the customer at his own expense and with his insurance to Rosland, in the way he wishes.
- Prices
In accordance with the applicable regulations, price information is made available in advance in a legible and comprehensible manner on the Website.
Upon receipt of the request, Rosland will examine the Customer’s request.
Where applicable, and after studying the Products, Rosland reserves the right to request the Customer to provide proof of identity or any other additional document, due to Rosland’s anti-money laundering obligations (see article 21).
For Products requiring it, Rosland informs the Customer, before determining the overall purchase price proposed in the Contract, that a personalised estimate is made by Rosland and that it takes into account several parameters such as age, condition of the Product, brand, model, nature of the metals, presence of precious stones or engravings.
For your information, coins certified and sealed and sold by Rosland will be taken back by Rosland at the current price. They may not be removed from their shells or damaged.
- Buy-back Agreement
Rosland will send the Customer by e-mail a proposal for the estimated price for the return in Euro, together with a copy of these GTC, and the Buy-Back Agreement detailing the offer made by Rosland and mentioning, inter alia, the weight, the quality and the price conditions.
The offer is valid for 24 (twenty-four) hours from the date Rosland sends it.
In accordance with Article L. 224-98 of the Consumer Code, the Return Contract shall contain the following information
1) Rosland’s full name and address;
2) Rosland’s registration number in the Trade and Companies Register or Trade Register;
3) Rosland’s individual Value Added Tax identification number;
4) The Customer’s full name and address;
5) The year, month, day and time of the date of signing the contract as well as the address of the place of conclusion of the contract;
6) The precise description of the nature and characteristics of the Products covered by the Contract, including the weight and, where applicable, the purity expressed in thousandths;
7) The sale price as well as any possible taxes or costs to be paid by the Customer.
To signify acceptance to Rosland, the Customer must sign the Purchase Agreement, which expressly states that the Customer has read and accepts these General Terms and Conditions of Sale, and return it to Rosland by e-mail at contact@rosland.fr.
In order to be valid, the acceptance must be sent before the expiry of the twenty-four hour period, unless the parties have expressly agreed on an extension of the offer.
If the Customer refuses Rosland’s offer, he shall inform Rosland of his refusal by any means and in an unambiguous manner. In this case, Rosland undertakes to return the Products to the Customer within one week after receipt of the refusal. The Products will then be returned to the address and in the manner indicated by the Customer. The cost of return and insurance shall be borne by the Customer.
The Customer is informed that failure to respond to the offer within 24 hours is equivalent to a refusal of the offer, unless the parties have expressly agreed to an extension of the offer beyond that period.
In any event, Rosland reserves the right to refuse any sale with a Customer with whom there is a previous dispute.
- Payment
Payment for the sale of the Product(s) is made by credit card, bank transfer or cheque.
Guarantee and transfer of risks and ownership
The Customer guarantees that he/she owns the Products sold to Rosland. The ownership of the Products is transferred to Rosland upon receipt of the full payment of the price to the Customer.
When the Customer sends the Products to Rosland for evaluation, the Customer bears the risk of loss or deterioration until the Products are received by Rosland.
When Rosland ships the Products returned to the Customer following the non-conclusion of the Repurchase Agreement, Rosland bears the risk of loss or deterioration until the Products are received by the Customer.
The party bearing the risk will not be entitled to claim compensation from the other party in case of loss, damage or theft, unless it can be proved that the loss, damage or theft was caused by a fault of the other party.
- Right of withdrawal
In accordance with Articles L. 224-99 and R. 224-4 to R. 224-7 of the Consumer Code, the Customer has a period of 48 (forty-eight) hours from the signing of the Repurchase Agreement to exercise his right of withdrawal.
If the Customer wishes to exercise his right of withdrawal within forty-eight hours of signing the contract, he may use the detachable form provided for this purpose or any other unambiguous statement expressing his wish to withdraw.
If the 48-hour period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day at the same time.
The document may be delivered by the Customer to Rosland in person or sent by any means that can be used to prove the date and time of sending.
The Customer is not obliged to justify the exercise of his right of withdrawal and is not obliged to pay any penalties in this respect.
If the Customer exercises his right of withdrawal under the conditions described above, he must reimburse Rosland for the price received and, in return, Rosland must return the purchased Product(s) to him.
If Rosland is not able to return the purchased Product(s), Rosland will pay the Customer a sum equivalent to twice the sales price received for the purchased Product(s).
This right of withdrawal does not apply to investment gold transactions, as defined by the applicable regulations.
GENERAL PROVISIONS
INTELLECTUAL PROPERTY
The Customer has no intellectual or industrial property rights on the Products, packaging, wrapping, etc. Rosland remains the exclusive owner of all such rights.
Any use in any way whatsoever by the Customer of the “Rosland” brand belonging to ROSLAND CAPITAL or to its suppliers and manufacturers is strictly forbidden.
The content and structure of the Site are reserved under copyright law, as well as under intellectual property law, and this for the entire world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content on the Site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a licence to any intellectual property right.
DATA PROTECTION – PERSONAL DATA
Rosland attaches particular importance to the respect of personal data that it may collect concerning Customers.
The data collected is used in particular for the proper functioning of the Site, the provision of services related to the sale and delivery of our products, and to comply with the laws in force.
Customer data is intended exclusively for the persons in charge of managing your orders.
The data is collected, recorded and stored in accordance with the provisions of the General Data Protection Regulation and with those of the law relating to data processing, files and freedoms of 6 January 1978 in its version in force on the date of these GTC.
If necessary, additional documents, such as a copy of the Customer’s identity card, may be requested to enable Rosland to comply with its legal obligations regarding the fight against money laundering.
Each Customer has the right to access, modify, rectify, delete, restrict the processing of, oppose and port personal data concerning him/her, in accordance with the applicable regulatory provisions.
These rights may be exercised at the following e-mail address: contact@rosland.fr.
The data collected by Rosland is for internal use only and is not sold to third parties.
In accordance with applicable laws, Rosland keeps personal data for the period strictly necessary to achieve the purposes described in these GTC and the Privacy Policy, unless a longer retention period is required or permitted by law.
Cookies may be automatically installed on the browser software when the Site is accessed.
A cookie is an element that does not allow the visitor to be identified but is used to record information relating to the visitor’s navigation on the Rosland Site.
The Rosland Site uses only analytical cookies.
For information on our cookies, the Customer may refer to the Cookies banner that appears when first connecting to the Site.
In the event of any difficulty in connection with the management of personal data, the Customer has the right to refer the matter to the CNIL. However, Rosland encourages the Customer, if he/she so wishes, to first contact Rosland at the following e-mail address: Contact@hierrocoins.com.
For further information, the Customer may consult Rosland’s Privacy Policy, which can be consulted at the bottom of each page of the Website, and at the following address: https://www.rosland.fr/c-g-v/,
ANTI-MONEY LAUNDERING
Rosland is in some cases subject to French law concerning measures to combat money laundering and the financing of terrorism.
Rosland is therefore subject to the control of the Commission Nationale des Sanctions (CNS) and has put in place
- anti-money laundering rules ;
- internal anti-money laundering procedures;
- specific employee training programmes on this subject.
With regard to Clients, Rosland has established internal procedures :
- to ensure a good knowledge of its Clients (Know Your Customer “KYC” principle) and, if necessary, to request additional identification elements from Clients or to verify these identity elements by requesting certain identity documents from Clients;
- to keep operational documentation on Customers for 5 years;
- to provide monitoring and reporting of suspicious activities and transactions to the competent authorities.
FORCE MAJEURE
Rosland shall not be liable for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and generally any event that does not allow the proper execution of orders.
APPLICABLE LAW AND JURISDICTION
These GTC are subject to French domestic law, excluding any international convention.
In the event of a dispute relating to these General Terms and Conditions or to the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court is that of the place of residence of the defendant or that of the actual delivery of the Product. If the Customer is a consumer, the competent Court may also be, at the Customer’s choice, that of the place where he lived when the contract was concluded.
RECOURSE TO THE CONSUMER OMBUDSMAN
If the Customer is a “consumer” within the meaning of the preliminary article of the Consumer Code, he/she must first address his/her complaint directly via the contact form on the Site by selecting the “Complaint” link.
If this attempt fails, the Customer may have recourse to a conventional mediation procedure or any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of the complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book 1 of the Consumer Code:
Mediator of the Professional Federation of e-commerce and distance selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
mediateurduecommerce@fevad.com
The Customer may, in order to resolve the dispute, access the European platform for online dispute resolution provided for in Regulation (EU) No. 524/2013 of 21 May 2013 on the online settlement of consumer disputes, particularly cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if the Customer does not wish to resort to it, the Customer remains free to submit his dispute to the competent courts.
Version in force on: 20/04/2021
