Terms & Conditions
ARTICLE 1: PURPOSE
1.1. The present general terms and conditions of sale (hereinafter the " Terms & Conditions "govern all relationships between ELMDSMa société par actions simplifiée unipersonnelle with a capital of 1,000.00 euros, registered in the Avignon Trade and Companies Register under number 977 570 571, with an intra-community VAT number of FR48977570571, and whose head office is located at 145 Allée Louis Montagnat in Vedène (84270) (hereinafter referred to as " LA MAISON DU SAVON DE MARSEILLE ), and any natural person of legal age or any legal entity (hereinafter the "Customer"), in connection with the sale of products (hereinafter the "Products"). Product(s) ") offered on the website https://www.maison-du-savon-de-marseille.fr/ (hereinafter the " Website ").1.2. It is expressly understood that the provisions of the French Consumer Code (Code de la Consommation) set out in the General Terms and Conditions of Sale :
- Apply to "consumer" customers, i.e. customers who are natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity;
- Where applicable, they may also apply to "non-professional" customers, i.e. legal entities not acting for professional purposes;
- These terms and conditions do not apply to "professional" customers, i.e. natural or legal persons, public or private, who are acting for purposes relating to their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
1.3. LA MAISON DU SAVON DE MARSEILLE reserves the right to make changes to the Site, its policies and its Terms and Conditions of Sale. All Customers are subject to the General Terms and Conditions of Sale in force at the time they order Products from the Company.
1.4. If any clause of the General Terms and Conditions of Sale is deemed invalid, void or unenforceable for any reason whatsoever, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses.
1.5. To order Products on the Site, the Customer must be at least eighteen (18) years of age. If the Customer is under eighteen (18) years of age, he may not order Products on the Site without the intervention of a parent or guardian. If the Customer places an order for another person, it shall be the Customer's responsibility to ensure that the intended recipient of the Product is of the appropriate age to order the Product.
ARTICLE 2: ORDERING AND VALIDATION
2.1. To place an order for Products, the Customer must access the Site and select the Products concerned.2.2. The Customer is responsible for the accuracy and completeness of the data provided to LA MAISON DU SAVON DE MARSEILLE and agrees to inform LA MAISON MAISON DU SAVON DE MARSEILLE VON MAISON DU SAVON DE MARSEILLE MARSEILLE of any changes. After having previously informed and notified the Customer and in the absence of a response from the Customer, LA MAISON DU SAVON DE MARSEILLE reserves the right to refuse to validate the order for Products if the Customer is in breach of applicable laws, the General Terms and Conditions of Sale or any other applicable general condition, guideline or policy previously communicated to and accepted by the Customer.
2.3. By placing an order and paying the price, the Customer irrevocably undertakes to purchase the Products covered by the order. The said order can therefore no longer be cancelled or modified by the Customer, subject to the application of article 6 of the General Terms and Conditions of Sale.
2.4. LA MAISON DU SAVON DE MARSEILLE validates the Customer's order and enters into an agreement with the Customer (hereinafter the "Customer"). Contract "). An e-mail confirming this validation of the Customer's order is then sent to the Customer.
2.5. In exceptional circumstances, LA MAISON DU SAVON DE MARSEILLE reserves the right not to validate an order due to stock availability or a problem with the order received. In this case, an email will be sent to the Customer informing him/her of the non-validation of his/her order and of the full reimbursement of the order within a maximum of fourteen (14) working days on the payment method used at the time of the order.
2.6. LA MAISON DU SAVON DE MARSEILLE only sells Products in quantities that correspond to the current needs of an average end user. This principle applies as much to the number of Products ordered in a single order as to the placing of multiple orders for the same Product. LA MAISON DU SAVON DE MARSEILLE does not offer wholesale through the Site. LA MAISON DU SAVON DE MARSEILLE therefore reserves the right to refuse orders or to limit the execution of orders if the Customer orders Products in quantities that do not correspond to the current needs of an average end user, i.e. more than €1000.00 including VAT.
ARTICLE 3: PRICES AND PAYMENT
3.1. All Product prices will be denominated in euros and will include all applicable fees and taxes, including VAT. The prices invoiced will be those in effect on the date of the order, as indicated on the Site at the time the Customer places his/her order with LA MAISON DU SAVON DE MARSEILLE.3.2. Although LA MAISON DU SAVON DE MARSEILLE makes every effort to ensure that all details, descriptions and prices of Products shown on the Site are accurate, errors may still occur. If LA MAISON DU SAVON DE MARSEILLE discovers an error that renders the price of a Product ordered derisory, it will immediately inform the Customer of the error and communicate the exact price. In this case, the Customer may reconfirm the order placed at the correct price or cancel it. In the absence of confirmation of acceptance of the exact price or cancellation of the order by the Customer within seven (7) days following the communication of the information, LA MAISON DU SAVON DE MARSEILLE will treat the order as cancelled and will inform the Customer.
3.3. The prices of Products indicated on the Site do not include shipping costs, which will be borne by the Customer unless otherwise agreed. Shipping costs will be communicated to the Customer prior to order confirmation. The total amount indicated on the "check order" page will be the total amount due by the Customer for the Products ordered, which will include all applicable levies, taxes, environmental contributions and transport costs.
3.4. In order to conclude a Contract with LA MAISON DU SAVON DE MARSEILLE and pay for the order, the Customer must have a valid credit or debit card issued by a bank accepted by LA MAISON DU SAVON DE MARSEILLE, and have sufficient financial means to cover the price of the Products. Otherwise, LA MAISON DU SAVON DE MARSEILLE reserves the right to refuse any order from the Customer. LA MAISON DU SAVON DE MARSEILLE reserves the right to reject any Customer order after verification of the data provided, which must be correct and accurate.
3.5. Upon receipt of the Customer's order, LA MAISON DU SAVON DE MARSEILLE performs a standard pre-authorization check on the Customer's payment card to ensure that there are sufficient funds to proceed with the purchase of the Product. The card will be debited once the order has been accepted. If the card cannot be debited within five (5) days from the date of validation of the order by LA MAISON DU SAVON DE MARSEILLE, the Customer's order will be automatically cancelled and the Customer will be informed by LA MAISON DU SAVON DE MARSEILLE.
3.6. For each completed order, LA MAISON DU SAVON DE MARSEILLE will issue an invoice with the data provided by the Customer during the purchase process, which will be sent to the Customer by email after confirmation of shipment of the Products.
ARTICLE 4: PRODUCT PICK-UP AND/OR DELIVERY ARRANGEMENTS
At the time of ordering, depending on the Products the Customer intends to purchase, several shipping services may be offered, subject to certain conditions set out below.4.1. Home delivery
When placing an order, the Customer may choose home delivery of the Products. Delivery is made in Metropolitan France and Monaco by handing over the Products directly to the named recipient. At all times, the Customer is informed of the status of his/her order by means of the tracking number and carrier link communicated at the time of shipment. For deliveries by Colissimo, Products are deposited directly in the recipient's letterbox, size permitting. If this is not possible, a notice is left in the letterbox to inform the recipient of the address where the Products can be collected. If there is no letterbox or if the letterbox is inaccessible at the delivery address indicated, the Products will be delivered to a collection point and the delivery will be deemed to have been made. If the recipient does not show up within the time limit indicated on the delivery notice or if the parcel is sent back to LA MAISON DU SAVON DE MARSEILLE, the delivery will be considered completed and no refund or reshipment of the Products to another address will be made.4.2 Pick-up at Relay Points
When placing an order, the Customer may choose to collect the Products:- in one of Mondial Relay's 9,000 relay points;
- at one of La Poste's 10,000 collection points; or
- at one of the 4,200 retailers in the Pickup network, Groupe La Poste with Colissimo.
4.3. Delivery times
LA MAISON DU SAVON DE MARSEILLE undertakes to deliver the products ordered as soon as possible and in any case no later than thirty (30) days following the validation of the order, subject to the availability of the product ordered and unless otherwise specifically agreed between the parties.The delivery time takes into account the preparation time in LA MAISON DU SAVON DE MARSEILLE 's factories as well as the carrier's delivery time. Delivery times may be extended during periods of high carrier activity (Christmas, New Year, Black Friday, etc.).
4.4. Transfer of ownership / Transfer of risk
The transfer of ownership of the Products to the Customer only takes effect after full payment of the price by the latter.However, LA MAISON DU SAVON DE MARSEILLE only bears the risks of loss and deterioration of the Products until the delivery of the Products to the recipient. The transfer of risks therefore occurs from the moment the recipient takes physical possession of the Products.
During the withdrawal period mentioned in article 6 below, the Customer is responsible for the Product as its custodian. In the event of deterioration or destruction of the Product while in the custody of the Customer, the latter shall bear all the consequences thereof.
4.5. Claims / Warranties
On receipt of the Products, the Customer must ensure that the delivery conforms to the order. Any damage must be the subject of precise, dated and signed reservations on the delivery slip. However, if the Customer is a "consumer" or a "non-professional", the absence of reservations formulated by the latter upon receipt of the Products does not exonerate LA MAISON DU SAVON DE MARSEILLE from the guarantee of conformity of the Products that it owes to the "consumer" or "non-professional" Customer.All claims must be made promptly upon receipt of the order, to the customer service department of LA MAISON DU SAVON DE MARSEILLE :
- directly via the "Contact Customer Service" section on the Site, specifying the order number concerned.
- by e-mail to the following address, for the attention of Customer Service: service-client@maison-du-savon-de-marseille.fr.
- by mail to the postal address LA MAISON DU SAVON DE MARSEILLE - Service Client - 145 Allée Louis Montagnat à Vedène (84270).
- by telephone on 04 28 70 53 49, specifying the number of the order concerned if applicable.
The reimbursement will be made by the means of payment used at the time of the order within fourteen (14) working days from the reception by the Customer Service of LA MAISON DU SAVON DE MARSEILLE of the letter informing them of the cancellation of the Contract, unless the delivery of the Product has been made between the sending of the letter and its reception.
ARTICLE 6: RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has the right to cancel the order within fourteen (14) days from the date on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product, without having to justify his decision or pay any penalties, with the exception of the cost of returning the Product, which remains at the Customer's expense.The postmark or the date of the delivery receipt is the starting point for this period.
To exercise his right of withdrawal, the Customer must accept the delivery of the order, then notify his decision to withdraw to LA MAISON DU SAVON DE MARSEILLE by means of an unambiguous statement expressing his desire to withdraw, by letter sent by post to LA MAISON DU SAVON DE MARSEILLE - Service Client - 145 Allée Louis Montagnat à Vedène (84270), or by means of the withdrawal form, a model of which appears in Appendix 1 of the General Terms and Conditions of Sale.
LA MAISON DU SAVON DE MARSEILLE will then send an acknowledgement of receipt of this withdrawal form. After the expiration of the fourteen (14) day period mentioned above, no retraction request will be accepted.
We remind you that all Products ordered on the Site by a "consumer" Customer may be subject to a right of withdrawal, with the exception of Products designated by article L.221-28 of the French Consumer Code. In accordance with this article, the right of withdrawal cannot be exercised in particular for contracts (i) for the supply of goods made to the consumer's specifications or clearly personalized, (ii) for the supply of goods likely to deteriorate or expire rapidly and (iii) for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Concerning the Products that may be the object of a right of retraction, the Customer must return them, with proof of purchase, to LA MAISON DU SAVON DE MARSEILLE - Service Client - 145 Allée Louis Montagnat à Vedène (84270), within fourteen (14) days from the communication of his decision to retract, in their original packaging, unsealed, opened or opened, intact and ready to be put back on the market. The cost of returning the Products shall be borne by the Customer.
In the event of exercising the right of withdrawal under the conditions of the present article, the price of the Product(s) returned, as well as the standard delivery costs of the initial order, will be reimbursed to the Customer, but not the return costs, which remain the Customer's responsibility. The refund will be made by LA MAISON DU SAVON DE MARSEILLE, using the same means of payment used by the Customer to place the initial order, within fourteen (14) days from the date LA MAISON DU SAVON DE MARSEILLE was informed of the Customer's decision to withdraw. However, LA MAISON DU SAVON DE MARSEILLE may postpone the refund until the Customer has provided proof of shipment of the returned Product(s) or until the Product(s) have been recovered if this occurs before the provision of the said proof of shipment.
ARTICLE 7: LIABILITY
The information relating to the Products marketed on the Site is intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the Products.The photographs on the LA MAISON DU SAVON DE MARSEILLE website are purely illustrative and LA MAISON DU SAVON DE MARSEILLE cannot be held responsible for their accuracy.
In the case of customizable orders, LA MAISON DU SAVON DE MARSEILLE declines all responsibility in the event that the Customer makes a mistake in entering the customized text.
LA MAISON DU SAVON DE MARSEILLE is only bound by an obligation of means with regard to the operation and continuity of the Internet service. LA MAISON DU SAVON DE MARSEILLE cannot therefore be held responsible for any inconvenience or damage resulting from the use of the Internet network, such as a break in service continuity, the presence of computer viruses or external intrusions or, more generally, any case qualified as force majeure as defined in article 10 of the General Terms and Conditions of Sale.
LA MAISON DU SAVON DE MARSEILLE will not be held responsible if the order information is incomplete, insufficient or erroneous and does not allow the carrier to ensure delivery or to leave a delivery notice.
ARTICLE 8: DATA PROTECTION POLICY
The customer is invited to refer to the Data Protection Policy of LA MAISON DU SAVON DE MARSEILLE , which can be accessed here, to find out how data concerning him/her is processed.ARTICLE 9: INTELLECTUAL PROPERTY
All designs, images and graphics on the Site are protected by copyright and intellectual property rights worldwide, and belong to or have been assigned to LA MAISON DU SAVON DE MARSEILLE, which has exclusive rights of use. As such, in accordance with the provisions of the French Intellectual Property Code, any reproduction or use, in whatever form, of these intellectual property rights, without the prior written consent of LA MAISON DU SAVON DE MARSEILLE, will give rise to legal proceedings.No stipulation of the present General Terms and Conditions of Sale may be interpreted as effecting any transfer of intellectual property rights on these signs to the customer.
ARTICLE 10: FORCE MAJEURE
Neither party may be held responsible for delays or non-execution of the contract entered into, due to the occurrence of an event of force majeure, including but not limited to war, riot, health crisis, supply disruptions beyond the control of the parties, insurrection, transport interruption, import problems, strike, fire, earthquake, storms, floods, acts of terrorism, legislative or regulatory provisions or decisions restricting the performance of the contract, as well as cases recognized by French jurisprudence and any other unforeseeable event beyond the express control of the parties and rendering the normal performance of these General Sales Conditions impossible.The occurrence of a case of force majeure will initially suspend, ipso jure, the execution of the order. If, after a period of three months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
ARTICLE 11: CONSUMER OMBUDSMAN
11.1. In accordance with article L. 612-1 of the French Consumer Code, LA MAISON DU SAVON DE MARSEILLE guarantees the "consumer" customer effective recourse to a consumer mediation system. The mediator's mission is to attempt, independently and impartially, to bring the parties together in order to reach an amicable solution. After contacting the customer service department of LA MAISON DU SAVON DE MARSEILLE and failing a satisfactory response within sixty (60) days, the "consumer" customer may refer the matter to the consumer mediator.However, the "consumer" customer remains free to accept or refuse mediation and to bring the matter before the competent courts.
11.2. The "consumer" customer is also informed that he can use the European Online Dispute Resolution (ODR) platform to settle his dispute: www.ec.europa.eu/consumers/odr/
ARTICLE 12: APPLICABLE LAW AND JURISDICTION CLAUSE
12.1. These General Terms and Conditions of Sale are governed by French law. The language of the General Sales Conditions is French.12.2. In the event of a dispute that remains unresolved after contact with LA MAISON DU SAVON DE MARSEILLE's customer service, jurisdiction is expressly attributed to the courts within the jurisdiction of LA MAISON DU SAVON DE MARSEILLE's head office, notwithstanding warranty claims or multiple defendants, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
However, in the event that the order is placed by a Customer who is a "consumer", the above provisions concerning place of jurisdiction do not apply.
Appendix 1 - Model withdrawal form
(Complete and return this form only if you wish to exercise your right of withdrawal under the conditions set out in article 6 of the General Terms and Conditions of Sale)To the attention of LA MAISON DU SAVON DE MARSEILLE - Customer Service - 145 Allée Louis Montagnat, Vedène (84270) France
I hereby notify you of my withdrawal from the contract for the sale of the following Product(s):
Ordered on (*)/received on (*),
Customer name,
Customer address,
Customer's signature (only if this form is sent on paper),
Date