Terms of Sales
TERMS OF SALES
- SAFANDE online merchant site -
This document defines the General Conditions hereinafter referred to as the "General Conditions of Sale" which govern the contractual relations between the SAFANDE company hereinafter referred to as the "Seller" and its Customers hereinafter referred to as the "Consumer", that this either for the sale of goods or products.
The SAFANDE company and the consumer are hereinafter referred to individually as the “Party” and collectively as the “Parties”.
Article 1. DESIGNATION OF THE SELLER
This site "http://www.safande.fr" is published by the company SAFANDE, a self-employed company registered in the Trade and Companies Register of TOURS under number 887.980.241 whose head office is located at 167 Rue des Bordiers - 37100 Tours.
Its intra-community VAT number is: FR 53 88 79 80 241
This site is hosted by WIX Online Platform Limited, whose registered office is at 1 Grant's Row, Dublin2 D02HX96 Ireland.
The Director of Writing and Publication of the site is Madame Ophélie Guilloton who can be contacted:
by email: firstname.lastname@example.org
Article 2. Contractual documents - INFORMATION RELATING TO THE PRODUCTS
2.1 Purpose of the GTC
The GTC are applicable exclusively to the online sale of SAFANDE company's products on the site www.safande.fr (hereinafter referred to as the site), access to which is free and open to all Internet users.
2.2 Scope of the GTC
The GTC exclusively govern the online sales contracts of SAFANDE company's products to customers having the status of consumers and constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs. or photographs of the products which are only indicative.
The GTCS are exclusively applicable to products delivered to consumers established in Metropolitan France and Overseas.
The T & Cs are drawn up as well as all the contractual information mentioned on the site in French.
2.3 Availability and enforceability of the GTC
The T & Cs are made available to consumers on the seller's site where they can be viewed directly and can also be communicated to him on request by e-mail or post.
The GTC are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation implies acceptance by the consumer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the civil code (former C. civ ., art. 1369-4).
2.4 Modification of the GTC
The professional seller reserves the right to modify its T & Cs at any time.
In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the consumer at his request.
2.5 Clauses of the GTC
The nullity of a contractual clause does not entail the nullity of the GTC unless it is an impulsive and decisive clause which led one of the parties to conclude the sales contract.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller cannot constitute a waiver on his part of the other clauses of the GTC which continue to produce their effects.
Article 3. PRODUCTS
3.1 Product categories
The professional seller markets soaps that he manufactures using the cold saponification method, which are part of the categories of cosmetic products, the list of which is fixed by decree of June 30, 2000.
Cosmetic products are regulated in particular by:
Regulation (EC) n ° 1223/2009 of the European Parliament and of the Council of 30 November 2009 relating to cosmetic products,
Commission Regulation (EU) No 655/2013 of 10 July 2013 establishing the common criteria with which claims relating to cosmetic products must meet in order to be able to be used,
the Commission Implementing Decision of 25 November 2013 concerning the guidelines for the application of Annex I of Regulation (EC) No 1223/2009 and its annex,
the Public Health Code, in particular articles L.5131-1 to L.5131-8, L.5431-1 to L.5431-9, R.5131-1 to R.5131-15 and R.5431 -1 to R.5431-3.
The products offered for sale presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products have been designed with care to avoid any ambiguity that may unintentionally mislead the consumer. However, they do not constitute a contractual document.
3.3 Instructions for use and use
The method of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on delivery.
The products comply with the requirements of French law in force at the time of their placing on the market relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market. (C. consom., Art. L. 411-1, former C. consom., Art. L. 212-1).
3.5 Stock availability
The products are offered and delivered within the limits of available stocks.
In case of unavailability of the ordered product, the seller immediately informs the consumer and can offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order usable for any next order.
If the consumer disagrees, the seller reimburses the sums paid within 15 working days.
Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
Article 4. PRICE
4.1 Sale price
The selling prices, in accordance with article L. 112-1 of the consumer code, are indicated, for each of the products appearing in the electronic catalog of the site, in euros all taxes included, excluding delivery and transport costs mentioned. before validation of the order and invoiced in addition.
The selling price of the product is that in force on the day of the order. In the event of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
The total amount owed by the consumer is indicated on the order confirmation page.
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the seller), which the consumer may have taken note of before ordering, are fixed on the electronic order form (basket) of the site.
Article 5. ONLINE SALE OFFER
5.1 Scope of the offer
The online sales offers presented on the site are reserved for consumers residing in France (including overseas territories) and / or in a member country of the European Union.
5.2 Duration of the offer
The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the products appear in the electronic catalog and within the limits of available stocks.
5.3 Acceptance of the offer
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 6. ONLINE order
6.1 Steps for concluding the contract
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to the delivery and the method of payment.
Before clicking on the "Confirm order" button, the consumer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order implies acceptance of the GTC and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
6.2 Order modification
Any modification of an order by the consumer after confirmation of his order is subject to acceptance by the professional seller.
The professional seller reserves the right to make changes to the product ordered which are linked to technical development under the conditions provided for in Article R. 212-4 of the Consumer Code.
6.3 Confirmation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
Article 7. Contract
7.1 Conclusion of the contract
The sales contract is formed when the consumer sends the confirmation of his order.
7.2 Archiving and proof of contract
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
7.3 Termination of the contract
The order can be resolved by the consumer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
delivery of a product that does not conform to the declared characteristics of the product,
delivery exceeding the deadline set in the order form or, failing such a date, within thirty days of the conclusion of the contract, after the seller has been ordered, in the aforementioned terms and without result, to make delivery within a reasonable additional time,
price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the consumer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the seller in the event of:
refusal of the customer to take delivery
non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid on the order remains acquired by the seller as compensation.
Article 8. Payment
8.1 Due date
The price is payable in full after confirmation of the order. Payment is made immediately when ordering by credit card, by the paypal service on the seller's site. Payment can also be made by check or cash during the direct sale and hand delivery of the products.
8.2 Payment security
The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their bank details.
8.3 Late payment
Any sum not paid on the due date is productive, without formal notice, of a legal interest.
8.4 Default of payment - Penalty clause
The seller reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by registered letter with acknowledgment of receipt and to keep, as compensation, the deposit paid on order.
In the event of a plurality of installments, failure to pay one of the installments results, when the seller does not opt for the resolution of the order, the immediate enforceability of subsequent installments.
8.5 Retention of title clause
The seller remains the owner of the products sold until full payment of the price and the consumer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.
Article 9. Delivery
Delivery means the transfer to the consumer of physical possession or control of the good.
9.2 Delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 15 working days after receipt of the order.
9.3 Delivery delay
When the ordered product is not delivered or the service is not provided on the date or at the expiration of the period mentioned on the order form, the consumer may, after having instructed, by registered letter with request for advice of receipt or in writing on another durable medium, without success the seller to perform its delivery obligation within a reasonable additional time, terminate the contract by registered letter with request for acknowledgment of receipt or by writing on another durable medium .
9.4 Place of delivery
The products are delivered to the address indicated by the consumer on the order form.
9.5 Terms of delivery
The delivery is made by the direct delivery of the product to the consumer or, failing this, by the sending by the seller of a notice of availability to the consumer.
Within fifteen days from the notice of availability, the consumer must withdraw the product ordered. If he has not received notifications by email or text from the carrier on the delivery of the latter, the customer must contact the seller for information on his follow-up. In the absence of withdrawal within the period indicated, the seller may, after a message sent to the consumer, which has no effect, proceed with the withdrawal, automatically resolve the order and retain the payment paid as compensation.
When the product is delivered to the address indicated on the order form by a carrier, it is up to the consumer to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify the seller in writing and without delay.
9.6 Product conformity
If the product does not comply with the order, the consumer must send a complaint to the professional seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.
9.7 Product unavailability
In the event of unavailability of products on delivery, the professional seller may offer, under the conditions provided for in article 3-4 of the GTC, a product equivalent in terms of quality and price.
9.8 Failure to deliver products
The total lack of delivery entails the automatic termination of the sales contract.
9.9 Delivery and transfer of risk
The risk of loss or damage to goods is transferred to the consumer at the time he takes, or a third party he has designated, physically possession of the goods, without distinction according to its nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk and peril of the consumer from the delivery of the goods to the carrier.
9.10 Transfer of ownership
From the delivery date indicated in the order form, the ownership of the product is transferred to the consumer, except in the case where full payment of the price has not been cashed when ordering.
Article 10. Legal guarantee of conformity and guarantee against hidden defects
10.1 Consumer information
All products supplied by the seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
10.2 Implementation of the guarantee of conformity
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
The good complies with the contract:
1_ if it is suitable for the use usually expected of a similar good and, if applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the consumer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2_ or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the consumer, brought to the attention of the seller and which the latter has accepted.
When acting as a legal guarantee of conformity, the consumer is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good. However, the seller can rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
The consumer is entitled to demand that the goods conform to the contract.
However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
In the event of a lack of conformity, the seller will then replace the defective good, at no cost to the consumer.
If replacement of the good is not possible, the consumer can return the good and have the price refunded.
However, the resolution of the sale cannot however be pronounced if the lack of conformity is minor.
10.3. Implementation of the warranty against hidden defects
The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the consumer has not acquired it, or does not have any. given that a lower price, if he had known them.
The action resulting from crippling defects must be brought by the consumer within two years from the discovery of the defect.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Article 11. Liability
11.1. Disclaimer of Liability
The professional seller cannot be held liable in the event of non-performance or improper performance of the contract due either to the fact of the consumer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
11.2. Product safety fault
In the event of damage caused by a safety defect in a product distributed by the SAFANDE company, the consumer must seek the liability of the manufacturer identifiable from the information mentioned on the packaging of said product.
11.3. Penalty clause
In all cases of non-fulfillment of its obligations by the consumer, the deposit paid with the order remains acquired by the professional seller as compensation.
Article 12. Termination clause
The cancellation of the order in the cases provided for in these T & Cs will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be acquired by operation of law without legal formalities.
Article 13. Right of withdrawal - EXERCISE LIMITATION
13.1. Legal limitation on the exercise of the right of withdrawal
Pursuant to paragraphs 3 °, 4 ° and 5 ° of Article L. 221-28 of the Consumer Code, the consumer is informed that the right of withdrawal cannot be exercised for contracts relating to orders:
supply of goods made to the consumer's specifications or clearly personalized,
supply of goods liable to deteriorate or expire rapidly,
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.
13.2. Conditions, deadline and modalities of exercise
Apart from the cases referred to in the aforementioned article 13.1, the withdrawal period may be exercised without giving any reason. It expires fourteen days after the day on which the consumer, or the third party he has designated to do so, takes physical possession of the last good.
To exercise his right of withdrawal, the consumer must notify the seller:
name, geographic address and, when available, telephone number and email address;
as well as his decision to withdraw from the contract by means of a declaration without any ambiguity or by means of a standard withdrawal form that the consumer will send to the seller by registered letter with acknowledgment of receipt or by e-mail, clarification made that the use of the model withdrawal form is not compulsory.
In all cases, the burden of proof for this exercise lies with the consumer.
In the event of withdrawal from the contract by the consumer, the seller will reimburse all payments received from the latter, excluding delivery costs (as well as additional costs arising from the consumer's free choice, where applicable, of another delivery method. than the less expensive delivery method offered by the seller) without undue delay and, in any event, no later than fourteen days from the day the seller is informed of the decision to withdraw from the contract.
The refund will be made, at no cost to the consumer, using the same means of payment used for the initial transaction. Subject to the express consent of the consumer, another means may be used.
It is recalled that the responsibility of the customer, in the event of withdrawal after use of the property (s), is engaged with regard to the depreciation of the property (s) resulting from manipulations other than those necessary to establish the nature, the characteristics and the good operation of this or these goods.
It is specified that these manipulations are, according to the European Commission, those that a consumer can carry out in a store, for the goods which are offered for sale there.
In the event of withdrawal by the consumer, the latter must return or return the goods to the seller without undue delay and, in any event, no later than fourteen days after the consumer has communicated to the seller indicated on the withdrawal form its decision to withdraw from the contract. This period is deemed to be respected if the consumer returns the goods of the order before the expiry of the period of fourteen days.
In the event of withdrawal by the consumer, the latter must bear the direct costs of returning the goods. However, if the good has been delivered to the consumer's home on the same day the contract is signed, and this good cannot normally be returned by post due to its nature, the seller will bear the cost of returning the product. good.
The company may defer reimbursement until receipt of the item (s) covered by the order, or until the consumer has provided proof of shipment of this (or these) item (s), the date selected. being that of the first of these facts.
Article 14. Intellectual property
The elements reproduced on this “safande.fr” site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.
Article 15. Processing of personal data
The sole purpose of the computerized processing of the personal data collected is to register the consumer's “customer” account and, where applicable, to process his order, and to conclude and execute the sales contract.
The collection of personal data, their use for the processing of orders and the creation of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data is kept by the publisher for the sole purpose of good administration of orders and commercial relations. The consumer has at any time the right to access, modify, rectify and delete personal data concerning him.
Subject to his prior agreement, the consumer may receive marketing emails from the SAFANDE company. He can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received.
It is also specified that consumers who do not wish to be the subject of commercial prospecting by telephone can register for free on the Bloctel opposition list on the bloctel.gouv.fr site.
Article 16. Complaints
In the event of a dispute, the consumer must send his complaint as a priority by e-mail to the e-mail address "email@example.com" or by post to the following address 167 rue des Bordiers, 37100 Tours.
Article 17. Competent court
In the absence of an amicable agreement, the consumer may seize the court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all the documents related to this contract.
The competent court will be that of the place of domicile of the defendant or that of the place of the actual delivery of the item or the performance of the service.
Article 18. Applicable law
This contract and the GTC governing it are subject to French law.