General terms and conditions
GENERAL TERMS AND CONDITIONS
ARTICLE 1. Scope of application
The present General Conditions of Sale (GCS) apply, without any restriction or reserve, to all sales concluded by the company LABORATOIRES PROVENDI ("the Seller") with consumers and non-professional buyers ("the Buyers" or "the Buyer"), who wish to acquire the products offered for sale by the Seller ("the Products") on the website www.provendi.fr ("the Website").
Failure to accept the Conditions of Sale beforehand renders impossible any purchase of a Product on the Website and any creation of a personal account (hereinafter the "Account") if applicable.
In particular, they specify the conditions for orders, payment, delivery and the management of any returns of Products ordered by the Buyers.
These General Conditions of Sale are likely to be supplemented by particular conditions, indicated on the website, before any transaction with the Buyer.
The GCS are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
As these General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Buyer’s order is the one in force on the Website on the date the order is placed.
Any deviation from these General Conditions of Sale may only be made opposable to the Seller if it has been duly accepted and formalized in a written document signed by the Seller.
The fact that the Seller does not punish a deviation from these GCS does not imply acceptance of the deviation, nor does it imply a renunciation of the right to prosecute the perpetrator of the deviation.
ARTICLE 2. Products offered for sale
The Seller is specialized in the manufacture of all types of soaps.
The Products offered for sale on the Website are all types of rotary solid soaps, with the exception of all others.
In accordance with Articles L 111-1 et seq. of the French Consumer Code, the main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity are presented on the Website, in the form of a description.
The Buyer is required to take cognizance of this before placing an order.
The choice and purchase of a Product is the sole responsibility of the Buyer.
The photographs presented on the website are not contractual and do not engage the responsibility of the Seller.
The Buyer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Buyer.
The Seller shall in no way be held responsible for the Use that will be made of the Products by the Buyer, who remains fully and solely responsible for their use.
In the event of an order to a country other than metropolitan France, the Buyer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Buyer.
ARTICLE 3. Product Availability
Product offers and corresponding prices are valid while stocks last.
Given the limited nature of the stocks, the Seller does not guarantee the availability of the Products ordered. In the absence of availability of the Product ordered, the Seller undertakes to contact the Buyer as soon as possible to inform him/her of this.
In this case, the Buyer may request, if he or she so wishes, the cancellation of the order and, if applicable, a refund of the sums paid within a maximum period of fourteen (14) days following this cancellation.
ARTICLE 4. Seller's contact details
The Seller's contact details are as follows:
RCS THONON-LES-BAINS 411 860 182
341, Rue du Grand Vire – 74890 BONS-EN-CHABLAIS - FRANCE
E-mail : firstname.lastname@example.org
Phone +33 (0)4 50 36 37 56, Monday to Thursday from 8:00 am to 5:00 pm, and Friday from 8:00 am to 12:00 pm.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (general data protection regulation) which came into force on 25 May 2018, the Buyer has, at any time, a right of access, rectification, opposition, deletion and portability of all his or her personal data by writing and by proving his/her identity, to the Seller’s address, mentioned above.
The validation of the order by the Buyer constitutes acceptance without any restriction or reservation of these Terms and Conditions of Sale.
The Buyer acknowledges having the required capacity to contract and acquire the Products offered on the Website.
ARTICLE 5. Orders
5.1. Order placement
It is up to the Buyer to select the Products he/she wishes to order on the Website, according to the following methods: from the "store" tab, the Buyer will be invited to select the Products he/she wishes to purchase and to specify the quantities.
To place an order, the Buyer is required to provide all the requested information.
This information will mainly be the following:
• last name, first name
• telephone number
• delivery address
• billing address, if different
• e-mail address
• name of the legal entity + SIRET + VAT number if applicable.
The Buyer must then provide the information concerning his/her means of payment.
The Buyer can check the details of his or her order, its total price and correct any errors before confirming acceptance. It is his or her responsibility to verify the accuracy of the order and to report or correct any errors immediately.
Orders are registered on the Website when the Buyer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the order. This validation implies the unreserved acceptance of all the present General Terms and Conditions of Sale.
The sale is final only after the Seller has confirmed acceptance of the order to the Buyer by e-mail, which must be sent immediately and after the Seller has received the full price.
Orders are processed only after receipt and collection of the payment corresponding to the amount of the purchase.
Any order that is placed and validated by the Buyer and confirmed by the Seller on the Website, under the conditions and according to the terms and conditions described above, constitutes the formation of a contract concluded remotely between the Buyer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Buyer.
The information provided by the Buyer is binding when the order is placed. In the event of an error in the wording of the e-mail address or contact details of the recipient, the Seller shall not be held responsible for the impossibility of confirming the order or making the delivery. Subject to the following regarding delivery, no change of delivery address of the parcel(s) after payment of the order can be taken into account.
The elements of the order cannot be modified after receipt of payment, subject to the conditions of cancellation and reimbursement of the order set out below.
The Seller reserves the right to cancel or refuse any order from a Buyer for a legitimate reason, in accordance with Article L 121-11 of the Consumer Code, particularly if it is abnormal, or if there is a dispute with the Buyer concerning a previous order.
5.2. Order Cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of exercise of the right of withdrawal or force majeure.
ARTICLE 6. Prices
The Products are supplied at the prices in force as shown on the Website at the time the order is recorded by the Seller. Prices are expressed per item, in Euros, excluding VAT and all taxes.
The prices take into account any possible discounts that may be granted by the Seller on the Website.
These prices are firm and non-revisable during their period of validity, as indicated on the Website, and the Seller reserves the right to modify the prices at any time outside this period of validity. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to the placement of the order. These costs depend on the weight of the order, the delivery zone, as well as the mode of delivery (express or standard for example).
The payment requested from the Buyer corresponds to the total amount of the purchase, including these fees.
ARTICLE 7. Terms of payment
The price is payable in full on the day the order is placed by the Buyer, by secure payment, according to the following terms and conditions: Debit Card, Visa, Visa Electron, MasterCard, American Express, Maestro and e-cb.
Payment is made through the "woocommerce" module, which can be downloaded directly from the Website.
Debit card payments are irrevocable, except in case of fraudulent use of the card. In this case, the Buyer can request the cancellation of the payment and the restitution of the corresponding sums. If it is impossible to debit the price, the online sale will be immediately cancelled ipso jure and the order will be cancelled.
Payment data is encrypted using the TLS protocol and is never transmitted to the Seller.
ARTICLE 8. Deliveries
8.1. General terms and conditions
The Buyer is solely responsible for a default in delivery due to a lack of indication or an error in the address when ordering.
In particular, in the event of return of the package to the Seller as a result of an impossible delivery of the latter, for any reason whatsoever, in particular in the event of an erroneous address of the recipient, the Buyer shall be automatically notified by email.
If the Seller has not received a reply within forty-eight (48) hours from the receipt of this email, the Seller reserves the right to cancel the Order.
Shipping costs will not be refunded.
Delivery consists of the transfer of physical possession or control of the Product to the Buyer.
Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
8.2. Delivery times
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines that may be proposed on the Website.
Delivery times depend essentially on the availability of the Products. Once the order has been shipped, the delivery time also depends on the transport option chosen by the Buyer at the time of the completion of the order (express delivery, standard ...).
Where applicable, delivery times shall begin from the order confirmation date provided by the Seller. However, these deadlines are given as an indication.
In case of a delay that is longer than the initial delay, the Seller shall inform the Buyer by e-mail that the delivery will be delayed.
In this case, and in accordance with the provisions of Article L 216-2 of the French Consumer Code, the Buyer may cancel the contract, by registered letter with acknowledgment of receipt, if, after having enjoined, according to the same terms, the Seller to carry out the delivery or provide the service within a reasonable additional period, the latter has not performed within this period.
The contract shall be deemed to be terminated upon the Seller's receipt of the letter informing it of such termination unless the Seller has performed in the meantime.
In the absence of a delivery time indicated at the time of the order, the delivery must take place within a maximum of thirty (30) days.
8.3. Product Tracking
The Seller's carrier, who is responsible for the delivery of the Products to the Buyer, shall provide the latter with a package tracking tool called "On Demand Delivery" (ODD).
When the carrier picks the package up at the Seller's premises, the Buyer will receive an SMS and/or an email indicating the tracking number of his/her package as well as the estimated delivery date. The notification also contains a personalized link that allows the Buyer to track the shipment in the ODD web portal (via the ODD application or from a computer).
Via the web portal, the Buyer can also modify the delivery instructions if necessary (change of place, date, schedule in particular).
The Buyer will receive notifications of the following events:
- upon pick-up of the package
- upon delivery
- in the event of an incident.
8.4. Reception of Products
The Seller bears the risks of transport and is obliged to reimburse the Buyer or to immediately exchange the Product concerned, in case of damage caused during transport.
Deliveries are made by an independent carrier, to the address provided by the Buyer at the time of the order and which is easily accessible to the carrier.
The Buyer is required to check the condition of the delivered Products. Thus, it is his/her responsibility to make any reservations and claims deemed necessary, or even to refuse the package, when the package is obviously damaged upon delivery.
The aforementioned reservations or claims for nonconformity or apparent defect of the delivered Products (for example: damaged package, already opened, etc.), must be sent without delay to the Seller upon delivery, by any means (registered or electronic mail, contact form on the Website), with all the related supporting documents (photos in particular), in order to allow the Seller, if necessary, to make a claim against the carrier within three (3) working days, excluding public holidays, following the date of delivery of the Products.
After this period and in the absence of having complied with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim in this respect may be validly accepted by the Seller.
8.5. Seller's liability
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Buyer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these General Terms and Conditions of Sale (in particular, the article "Seller's Liability - Warranty" below).
In any event, the Seller's liability shall not exceed the price paid by the Buyer.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Buyer shall only be effected after full payment of the price by the Buyer, regardless of the date of delivery of the said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Buyer takes physical possession of the Products. The Products are therefore transported at the Seller's risk.
ARTICLE 10 - Right of Withdrawal
In accordance with the legal provisions in force, the Buyer has a period of fourteen (14) calendar days following the receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify the reasons or pay any penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging and in perfect condition within a maximum of fourteen (14) calendar days, after the Seller has been notified of the Buyer's decision to withdraw from the contract.
In the event that the order concerns several Products delivered separately, the period shall start upon receipt of the last Product.
If this period expires on a Saturday, Sunday or holiday, it is extended to the first following business day.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) as to allow for their return to the market in new condition and must be accompanied by the purchase invoice. Thus, the Buyer is required to handle the Product with care, in particular during the entire legal withdrawal period.
Damaged, soiled or incomplete Products will not be taken back.
The Buyer who wishes to exercise his/her right of withdrawal must either:
• send a withdrawal request in accordance with the model available in the Appendix to these GTC, within the above-mentioned time limit, to the following email address: email@example.com;
• send the withdrawal request in accordance with the model available in the Appendix to these GTC, within the above-mentioned time limit, by Registered Letter with Acknowledgment of Receipt to the following address: LABORATOIRES PROVENDI - 341, Rue du Grand Vire - 74890 BONS EN CHABLAIS (France).
In the event of exercising the right of withdrawal within the aforementioned time limit, only the price of the Product(s) purchased, and the delivery costs shall be reimbursed. The return shipping costs are at the Buyer's expense.
Reimbursement shall be made at the latest upon receipt of the Products or within fourteen (14) days following the notification to the Seller of the decision to withdraw and, in the latter case, subject only to the Buyer having provided proof of shipment of the Products within this period, whichever occurs first.
ARTICLE 10 - Liability of the Seller - Warranty
The Products sold on the Website comply with the regulations in force in France.
In accordance with the legal provisions, the Products supplied by the Seller shall benefit ipso jure and without any additional payment, independently of the right of withdrawal, from:
- the legal guarantee of conformity, for Products that are apparently defective, deteriorated or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).
It is recalled that as part of the legal guarantee of conformity, the Buyer:
* has a period of two years following the delivery of the goods to take action against the Seller.
* may choose between repairing or replacing the Product ordered, subject to the cost conditions set forth in Article L 217-9 of the French Consumer Code.
* is exempt from providing proof of the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product, except for second-hand goods, for which the period is reduced to six months (art. 217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Client may decide to implement the guarantee against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
To exercise his/her rights, the Buyer must inform the Seller, in writing at the above-mentioned address, of the non-conformity of the Products, within the above-mentioned deadlines and return or bring back the defective Products to the Seller's head office in the state in which they were received with all the elements (accessories, packaging, etc.).
The Seller shall reimburse, replace or repair the Products deemed to be non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return shipping costs will be reimbursed upon the presentation of receipts.
Reimbursements for Products deemed to be non-compliant or defective will be made as soon as possible and no later than fourteen (14) days following the Seller's discovery of the lack of conformity or latent defect.
The reimbursement will be made by crediting the Buyer's bank account or by bank check addressed to the Buyer.
The Seller shall not be liable in the following cases:
- for deliveries abroad, non-compliance with the legislation of the country in which the products are delivered, which is the Buyer's responsibility to check,
- in the event of misuse, negligence or lack of maintenance on the part of the Buyer, such as in the event of normal wear and tear of the Product, accident or force majeure.
In any event, the Seller's warranty is limited to the replacement or reimbursement of Products that are non-compliant or defective.
ARTICLE 12 - Protection of personal data
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 20l8-493 of 20 June 2018, it is recalled that the personal data requested from the Buyer is necessary to process his/her order and to issue invoices. By placing an order, the Buyer agrees that the personal data provided by him/her may be processed in this way.
This data may be communicated to any of the Seller's partners who are responsible for the execution, processing, management and payment of orders. Apart from this, personal data will not be passed on to third parties.
The processing of information communicated through the Website meets the legal requirements for the protection of personal data, with the information system used ensuring optimal data protection.
Personal data is only used for commercial prospecting purposes with the prior and express consent of the Buyer. In this case, if the Buyer no longer wishes to receive commercial prospecting by e-mail from the Seller, he/she may notify the Seller of this at any time by e-mail at the following address: firstname.lastname@example.org.
In accordance with the national and European regulations in force, the Buyer has a permanent right of access, modification, rectification, opposition of portability and restriction of the processing of his/her personal information.
The Seller shall keep this information for 5 years following the final delivery of the Products.
The personal data which must be kept (accounting documents, delivery notes, etc...) will be stored in the form of archives for the entire mandatory period in application of the regime in force. All rights relating to personal data are to be exercised with the Seller:
• By mail: LABORATOIRES PROVENDI - 341, Rue du Grand Vire - 74890 BONS EN CHABLAIS (France) ;
• By E-mail: email@example.com
• Via the contact form available directly from the Website.
ARTICLE 13 - Intellectual Property
All intellectual property rights, in particular copyrights, trademarks, image rights and related rights concerning the general structure of the Website as well as texts, logos, and any other element composing the Website, that belong to the Seller or its partners, remain the exclusive property of the Seller or their respective owners.
Any use, whether commercial or not, in particular any downloading, copying, reproduction, transmission, distribution, adaptation, translation or representation, in whole or in part, of the Website, and of its general structure or logo, of the aforementioned trademarks, on any medium, without the prior written authorization of the Seller or of their respective owners is prohibited and is likely to give rise to legal proceedings, in particular with regard to counterfeiting.
The databases appearing on the website are protected by the provisions of articles L341-1 et seq. of the French Intellectual Property Code and any substantial extraction or reuse of the content of the databases contained on the Website is prohibited. Any offender is liable to the penalties referred to in Articles L 343-1 et seq. of the French Intellectual Property Code.
ARTICLE 14 - Force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The performance of the Seller's obligations under this Agreement shall be suspended in the event of the occurrence of an act of God or force majeure that would disturb or delay the performance thereof.
The Seller shall notify the Buyer of the occurrence of such an act of God or force majeure within eight business days from the date of the occurrence of the event.
If the suspension of the Seller 's performance of its obligations continues for a period of more than fifteen business days, the Buyer may terminate the current Order and the Seller shall then proceed to reimburse the Order.
ARTICLE 15 – Invalidities
If any of the provisions of these Terms and Conditions of Sale prove to be null and void with respect to a rule of law in force or a court decision that has become final, it shall be deemed to be unwritten, without invalidating these Terms and Conditions of Sale or affecting the validity of its other provisions.
ARTICLE 16 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 17 – Disputes
ALL DISPUTES TO WHICH THE OPERATIONS OF PURCHASE AND SALE CONCLUDED IN APPLICATION OF THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE COULD GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND OUTCOMES AND WHICH COULD NOT BE RESOLVED AMICABLY BETWEEN THE SELLER AND THE CLIENT, WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
However, prior to any recourse to the state judge, the Buyer is invited to directly solicit the Seller for a claim. If no agreement is reached after the Buyer has first attempted to resolve the dispute directly with the Seller by a written complaint, then an optional mediation procedure, conducted in a spirit of loyalty and good faith, will be offered to reach an amicable settlement upon the occurrence of any dispute relating to this contract, including its validity.
Indeed, in accordance with the provisions of Article L. 612-1 of the Consumer Code:
"Any consumer has the right to have recourse to a consumer mediator free of charge for the amicable termination of the dispute arising between him/her and a professional. “
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are the disputes defined in Article L. 611-1 of the French Consumer Code, i.e., disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both domestic and cross-border disputes.
To initiate this mediation, the Buyer can contact the Seller's mediator whose contact information is as follows:
National Association of Mediators (ANM)
62 rue Tique tonne 75002 Paris
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt and indicate the elements of the conflict.
Since mediation is not mandatory, the Buyer or the Seller may withdraw from the process at any time.
In the event that the mediation would fail or would not be envisaged, the dispute that could have given rise to a mediation will be entrusted to the competent jurisdiction under the conditions above.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The Seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
In order to be in conformity with the contract, the Product must:
- be fit for the use normally expected of a similar good and, if applicable: correspond to the description given by the Seller and possess the qualities that the Seller has presented to the buyer in the form of a sample or model.
- present the qualities that a buyer may legitimately expect in view of public statements made by the Seller, the producer or his representative, particularly in advertising or labelling.
- or present the characteristics defined by mutual agreement between the parties or be suitable for any special use intended by the buyer, brought to the knowledge of the Seller and accepted by the latter.
Article L217-12 of the Consumer Code
Proceedings resulting from the lack of conformity are time-barred after two years following the delivery of the goods.
Article L217-16 of the Consumer Code
When requested by the buyer to the seller, during the course of the commercial guarantee granted to him/her at the time of the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days shall be added to the remaining duration of the guarantee. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The Seller is bound by the warranty on account of hidden defects of the item sold which render it unfit for its intended use, or which so diminish this use that the buyer would not have acquired it or would only have paid a lower price for it if he/she had known about them.
Article 1648 paragraph 1 of the Civil Code
Proceedings resulting from redhibitory defects must be instituted by the buyer within two years of discovery of the defect.
APPENDIX II - WITHDRAWAL FORM
In case of withdrawal from an order placed on the Provendi website, please send the following information to firstname.lastname@example.org :
I hereby notify you of my withdrawal for order no. (to be completed) placed on (dd/mm/yyyy) on the website for an amount of (to be completed) € concerning (to be completed with the content of the order).