Preamble
You are currently connected to a site administrated by Le Savonnier Marseillais. This document is designed to inform you about www.lesavonniermarseillais.fr and its general terms of online sale. You should carefully read the following provisions as they constitute an electronic contract which establishes the general terms of sale of the online shop of the company Le Savonnier Marseillais. The double click which you will carry out once you have completed the order form constitutes validation of the aforementioned contract and constitutes full and complete acceptance of these Terms and Conditions of Sale once your order has been validated. As a result, you cannot order products and/or services if you do not accept the conditions set out below.
The Internet User (a physical person with the capacity to engage in a contract) and www.lesavonniermarseillais.fr are hereafter known collectively as “the parties” and individually as “the party”.
Definitions
In this contract, each of the terms mentioned below are understood in terms of their definition, that is:
- "the company": Le Savonnier Marseillais
- “Remote contract”: Any contract which concerns the order of products and/or services drawn up between the company (*) and a customer (*) in the context of a system of remote sales or services organized by the company (*) which, for the contract, exclusively uses the Internet network up to and including conclusion of the contract itself.
- "customer": any physical person who, in the present contract, acts on a personal basis or as the representative of a legal entity and who possesses the right to establish a contract.
- "order form": a document indicating the characteristics of the products ordered by the customer (*) and which must be signed by he or she by a "double click" to seal the engagement
- "order": an act by which the customer agrees to buy products and/or services and the company (*) to deliver and/or provide these products/services
- "product": goods sold or services provided by the company
- "Double click": Reiteration of the validation of the Order Form by the customer. An Order Form which has been completed and confirmed only once is not taken into consideration without confirmation on thae customer's part. This confirmation can be made through the use of a tick box confirming acceptance of the General Terms and Conditions of Sale or through a message confirming the order.
Company
Nomenclature: Le savonnier marseillais
Judicial status: SARL (Société anonyme à responsabilité limité)
Siren: 532 525 672 RCS MARSEILLE Code APE 2041Z
Adress: 2 Rue du Beausset 13001 MARSEILLE, France
Telephone: +33 (0)811 632 260
Intracommunity VAT Number: FR 26 532 525 672 Rate : 19.6%
E-mail address : contact@lesavonniermarseillais.fr
Contract Objective
This contract is a remote electronic sales contract whose objective is to define the rights and obligations of the parties within the framework of the sale of products on offer by www.lesavonniermarseillais.fr. In this manner, it conforms to current French legislation, that is:
- Law 2004-575 known as the Law of trust in the digital economy
- Law 2008-3 of January 3rd 2008 for the development of competition for the benefit of consumers
- Recommendation N° 07-02 by the Commission of Abusive Clauses, pertaining to contracts for the sale of moveable goods via the Internet
It also conforms to OECD recommendations in the domain of digital or e-commerce.
Products
The products offered on the website www.lesavonniermarseillais.fr are presented on the sites in the French language. Any member of the European Community and those countries adhering to directive 95/46/CE cannot cite lack of linguistic knowledge as cause of cancellation of a contract. The products offered for direct sale by Le Savonnier Marseillais are those which feature on the site, www.lesavonniermarseillais.fr on the day on which the internet user peruses the said site and in the limit of available stock.
The illustrations present on the site are the just reflection of the products on sale thereon, except within the limitations which are inherent in the technical characteristics of the Internet (resolution and screen colors of the Internet user). Due to the specific nature of the Internet network, the company cannot guarantee the availability of all of the products in real time. In the event of temporary or definitive unavailability of any product, the company will inform the Internet user through the site or by sending an email to a valid email address provided by the customer. The company will thereby offer to replace the product on order with an equivalent product (in terms of quality and price) or a credit note or you may exercise your right to withdrawal (cancellation of your order).
Price
The price of any product may be modified at any time by the company, with the exception of when the sale of any product has already been concluded at the price visible on www.lesavonniermarseillais.fr
The prices shown are in Euros (€), with all taxes included and inclusive of all expenses relative to the handling of orders. Delivery charges are at the customer's expense, except where a contrary clause is stipulated during the order process. The different delivery options (along with their prices) are presented during the order process and specified in the summary of the said order. The payment of the total price must be made at the latest upon delivery of the products, except in the case of a contrary disposition specified during the order process and indicated on the invoice. In the eventuality of delivery of products outside of French territory, customs and excise charges and formalities will be at the sole charge of the customer, except where otherwise indicated. The customer is responsible for checking the regulations concerning the importation of ordered products with regards to the territory of the country of delivery.
Order and Payment
Every order form signed by the Customer with a “double click” constitutes irrevocable acceptance and can only be questioned under the limited exceptions outlined in the present contract in the articles “ Right to Withdrawal” and “Execution of the Order”. Any agreement to an estimate sent by email to the Customer and returned to www.lesavonnier marseillais.fr with an explicit agreement also constitutes irrevocable acceptance.
The order process conforms to the dispositions of Article 1369-5 of the Civil Law Code.
- Any Internet User who wishes to validate his or her order must identify themselves by completing a form available on www.lesavonniermarseillais.fr. This identification is conducted in the strictest respect of modified Law 78-17 as indicated in the section "Protection of Data"..
- Having checked the contents of his or her order, as well as the total cost of said order (ordered products, delivery costs, eventual eco tax, non-compulsory options) and corrected any possible mistakes, the Internet User definitively confirms the order. This confirmation constitutes the conclusion of the order.
- The contractual obligations are contained in a confirmation email addressed to the customer at the latest, by the end of the legal withdrawal period and under receipt of the customer providing a valid email address, which is not subject to restrictive use (such as a professional email address, for example). In this case, the company cannot be held responsible for the sending of contractual and/or publicity material to an email with restricted access.
To pay for an order, the customer has at his/her disposal the choice of a variety of means of payment indicated during the order process and presented on the company's site. He or she guarantees the company that he or she is in possession of any necessary authorization required to use the chosen means of payment at the moment of confirmation of the order. In the case of a payment by credit card, he or she must give a credit card number, followed by the type of card used, the expiration date of the said card and the cryptogram (3-figure number shown on the back of the credit card). The company guarantees that the payment is secure with S.S.L. (Secure Socket Layer) encryption so as to protect, in the most efficient way possible, all information pertaining to the means of payment. The company guarantees that the means and service of cryptology used to secure the transactions have been subject to authorization or to declaration under current legislation. In the case of payment by card, the legal dispositions pertaining to fraudulent use of a means of payment foreseen in the conventions concluded between the customer and the card issuer and between the company and the banking institutions apply, as outlined in article 132-4 of the Monetary and Financial Code. If credit card is the sole means of payment, the definitive validation of the order will take effect once integral payment has been made (outside of specific provisions).
Delivery
Delivery estimates
The company guarantees that delivery will be made under the conditions guaranteed by the delivery service providers (except in case of force majeure in its legal sense), as indicated on the site, www.lesavonniermarseillais.fr, and during the order process.
In case of a delay in delivery, please inform the company by contacting Customer Service or by sending an email to contact@lesavonniermarseillais.fr In accordance with the law, if your delivery has not been made within a maximum of 31 days (except in the case of contrary dispositions), you may request full reimbursement from the company. This reimbursement will be made within a maximum of 30 days.
Incomplete or non-compliant delivery (due to the carrier)
It may happen that a package be damaged or its contents partially or totally removed. If you notice such an occurrence, please note it on the delivery slip of the transport company and refuse to accept the product by returning it to us along with a 170 report known as a “Despoliation Report”. In the case whereby you notice the mistake after the departure of the transport company, please make it known to us by the means indicated on the website.
Incomplete or non-compliant delivery (due to the company)
Despite every care which is taken during the preparation of orders, it may happen that a product be missing from an order or that an error may take place during its preparation. If you notice an error of this sort, please report it to us by email at contact@lesavonniermarseillais.fr within 48 hours maximum, following reception of the order.
Lost package
In the case whereby a package is mislaid by one of our transport providers, please inform us as soon as possible. The company will conduct an investigation with the appropriate department.
Right of withdrawal and resolution
In accordance with articles L121-16 and 121-20of the Consumer Code, the customers right to exercise withdrawal is within a seven (7) day calendar period. This period begins from the moment of receipt of the order by the customer. In order to facilitate the treatment of the return, the customer may contact the company by email in order to obtain a return number prior to expedition. This condition in no way infringes on the right to withdrawal. The return costs are at the customer's sole charge. The products must be returned in full, in their original packaging and in resalable condition. We remind you that this right to withdrawal does not apply to personalized products.
In accordance with article L. 121-20-3 of the Consumer Code, we will indicate to you at the time of ordering the maximum delivery date of the order. In the case whereby this delivery date is exceeded by 7 working days (except in case of force majeure in its legal sense), you have the right to pronounce the annulment of your order by Registered Letter with Notice of receipt within a period of 60 days following the initial delivery date. In that case we will reimburse the total sum paid (minus any return expenses) and this within a maximum 30-day period following receipt of your Registered Letter.
Order Dispatch
The company reserves the right to refuse an order in the case of litigation with the customer for total or partial non-payment of a previous order or refusal of bank authorization during the online payment process. The order will be dispatched at the latest within a period of thirty (30) days after the day following that on which the customer places the order under reserve of acceptance of the said order by the company. For delivery times of various kinds of services (personalization...), please contact us. An invoice will be sent automatically to the customer as part of the order process. This invoice will be sent to the email address provided by the customer during the order process, unless otherwise specified.
Warranty
Contractual warranty
The customer is entitled to a contractual warranty on all products provided by the company. This warranty can be seen on www.lesavonniermarseillais and its duration varies according to the category of product ordered. Additional warranty services can be offered depending on the type of product ordered. Their scope of application and their pricing are specified during the order process.
Legal warranty
In accordance with articles L211-4 and those following of the Consumer Code, and also with articles 1641 and 1648 of the Civil Code, the Internet user is also entitled to a warranty allowing him or her to return any defective products which have been delivered.
• Article L211-4 Consumer Code
The seller undertakes to deliver goods which conform to the contract and is liable for any defects in conformity which are found upon delivery. The seller is also liable for any defects in conformity which result from packaging, assembly instructions or installation when these actions are set forth as being supplied by the seller in the contract and carried out under the seller's responsibility.
• Article L211-5 Consumer Code
To conform to the contract, the goods must:
1º Be appropriate to the use habitually expected from similar goods and, in certain cases:
- match the description given by the seller and possess the qualities presented by the said seller
In the form of a sample or model to the buyer;
- present the qualities which a buyer may legitimately expect with regards to the public declarations made by the seller, by the manufacturer or by their representative, notably through advertising or
Labeling:
2º Or present the characteristics defined by common accord between the parties or be specific to any use specially required by the buyer, made known to the seller and accepted by the seller.
• Article L211-12 Consumer Code
The action resulting from any defect in conformity is limited in time to two years after the date of delivery of the goods.
• Article 1641 Civil Code
The seller is bound by the warranty for any latent defects in the goods sold which render them unfit for the use for which they were intended, or which reduce their capacity to such a degree that the buyer would not have bought them or would have paid a lower price, had he or she been aware of them.
• Article 1648 al 1st Civil Code
The action resulting from latent defects must be brought by the buyer within two years of discovery of the defect.
Liability
Le Savonnier Marseillais, through its website www.lesavonniermarseillais.fr, is responsible for the fulfillment of its obligations resulting from the contract entered into remotely, that these obligations be carried out by the company itself or its subcontractors, without prejudice to its right to action against them. www.lesavonniermarseillais.fr cannot be held responsible for the breach of said contract due to an act of force majeure (in its legal sense) and particularly in the case of partial or total industrial action on the part of the transport company or postal services or natural catastrophes caused by flooding or fire. This limitation of liability applies equally to the breach of said contract due to unpredictable or insurmountable third party intervention in delivering the expected service. Concerning products purchased for professional needs, www.lesavonniermarseillais.fr accepts no responsibility for any indirect damage due to this, interruption of business, loss of profits, damages or expenses which may be incurred. The choice and the purchase of a product or service are the direct responsibility of the customer.Total or partial incapacity to make use of the products, notably due to incompatibility of equipment, shall not be cause for any compensation, reimbursement or liability on the part of www.lesavonniermarseillais.fr except in the case of proven latent fault, non-conformity, defectiveness or use of the right to withdrawal.
Eco Tax
The website may propose electric and/or electronic goods. In accordance with the Decree of July 20th 2005 pertaining to the composition of electric or electronic equipment and the disposal of waste from this equipment, the company operates a system of specific collection based on the principle of “1 for 1”.
Terms:
1 You may dispose of your electronic and/or electrical appliances at any place which participates in sorting of waste: waste reception center, Emmaüs association, Envie association...
2 Request for recovery must be made at the time of ordering. The exchange will take place at the time of delivery of your new equipment
Personal Information
The information requested from the customer is necessary for the treatment of his or her order and may be communicated to contractual partners of the company (attorneys, accountants...). This information may also be given to any competent authority in the case of the settling of a dispute between the company and one of its customers. The customer may consult the “Data Protection” section of our site for the characteristics of the treatment of personal information used via the website www.lesavonniermarseillais.fr. The customer may also make use of his or her right to access, rectification and opposition according to the terms mentioned in the sections “Data Protection” and “Legal Information” of the company.
“Double click” and proof
The "double click" associated with the authentication and non-repudiation by the customer when ordering and acceptance of these Terms and Conditions of Sale constitutes validation of the order and conclusion of the contract in accordance with Article 1369 - 5 of the Civil Code. The records stored on the servers of the company and on the servers of its banking establishments, will be considered conclusive admissions (non refutable) of communications, orders and payments between the parties. In no event shall the company proceed to the recording of telephone conversations between a member of the company and one of its customers or prospective clients. In the case of subcontracting of customer services, the company shall undertake to prevent the partner charged with fulfilling this service from such recordings, including in the context of "service improvement".
Preservation and Archiving of Documents
Data archiving of transactions is made on a reliable and durable format, in accordance with Article 1348 of the French Civil Code. It is made in accordance with the AFNOR Z 42-013 standard for the design and operation of computer systems to ensure the conservation and integrity of records stored in these systems.
Entirety of Contract
These Terms and Conditions of Sale represent all the obligations of the parties. No condition, either general or specifically provided by the client can be added to these Terms and Conditions, except in the case of prior agreement between the parties before sealing the contract. The fact that the company not fore claim a breach by the customer of any of the obligations set forth herein, shall be construed in the future as a waiver of the obligation in question. The company reserves the right to adapt or modify these Terms and Conditions at any time. If modified, the Terms and Conditions applied to each order will be those which are in effect on the date of the order. The company will also maintain on its servers every time-stamped version of the GCS.
Retention of Title
The products delivered to the customer remain the sole property of the company until such time as the contract has been fulfilled in its totality. However, the transfer of risk takes effect at the moment of delivery of the products and/or services ordered through the electronic store. Documents provided to the customer come under the purvey of the Code of Intellectual Property. They remain the property of the company. It is therefore illegal to reproduce, give away or make use of the documents provided without the prior consent of the company.
Applicable Laws
This contract is subject to French law, in accordance with EU directives. This is true both for the substantive rules and for the rules of form. In case of litigation, companies will prefer an informal settlement. This search for an amicable solution in no way interrupts the duration of warranty. Failing that, in accordance with Articles 46 to 48 of NCPC, French courts will have full jurisdiction.