2 September 2015
General terms of sale
General terms of Sale :
This website is owned and published by La Savonnerie de la Chapelle S.A.S., a French société par actions simplifiée (simplified joint-stock corporation), with a share capital of 52,500.00 euros.
Headquarters : 1 rue de Stockholm, 75008 Paris, France
Telephone number: +33 (0)2 33 85 50 18
Hosted by: OVH
GENERAL TERMS OF SALE FOR SAVONNERIE DE LA CHAPELLE WEBSITE.
The purchase of products offered for sale on the « Savonnerie de la Chapelle » Website is governed by these general terms of sale (“General Terms of Sale”). These terms shall apply to the exclusion of all other terms, particularly those applicable to sales in stores.
« La Savonnerie de la Chapelle » may amend or update these General Terms of Sale at any time.
1 – Ordering terms and procedures
Using the Savonnerie de la Chapelle website, you may order products of the “Savonnerie de la Chapelle” brand on-line using the link www.savonneriedelachapelle.com/?lang=en exclusively for deliveries all over the world.
Herein after referred to as the “Savonnerie de la Chapelle Website”.
You may also order by telephone on +33 (0) 2 33 85 50 18.
For all exceptional orders, please contact us at firstname.lastname@example.org address, or by Telephone on +33 (0) 2 33 85 50 18.
The products are described and presented with the greatest possible accuracy, and with statement of their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code.
Whenever you make an order on the Savonnerie de la Chapelle Website, you will be asked to confirm your acceptance of these General Terms of Sale as in force on the date when you make your order
You must ensure you have made the right selection before confirming your order. You are hereby informed that the order is subject to a payment obligation.
You will be sent confirmation of the order by e-mail; the e-mail contains first, the acknowledgement for registration of your order with the description of the selected Savonnerie de Chapelle products, the quantity, price and shipment cost, the associated payment and secondly, the General Terms of Sale in the version accepted by you, all of the foregoing constituting proof of the order and of the contract formed between us.
Unless proven otherwise, the data recorded by Savonnerie de la Chapelle constitutes proof of all the transactions entered into between Savonnerie de la Chapelle and its customers.
2 – Availability
Product offers remain valid for as long as they are visible on the website, subject to availability of stock. Should a product become unavailable after you make an order, we shall inform you of the fact as soon as possible by e-mail or by telephone, giving you the choice of either ordering another article displayed on the Savonnerie de la Chapelle Website or cancelling your order. If you decide to cancel your order, you will be refunded immediately if your bank account has been debited.
All orders made on the Savonnerie de la Chapelle Website are reserved for private individuals and for “end-purchaser” businesses. The resale or distribution of Savonnerie de la Chapelle products purchased on the Savonnerie de la Chapelle Website is strictly prohibited. La Savonnerie de la Chapelle is a retailer, and it is not its business to sell in large quantities the products offered for sale. Consequently, La Savonnerie de la Chapelle reserves the right to limit the quantity of products ordered or to reject orders for large quantities of a given product, pursuant to the provisions applicable in such respect, with particular reference to Article L.122-1 of the French Consumer Code.
La Savonnerie de la Chapelle reserves the right to change, at any time and without notice, the products offered for sale on the Savonnerie de la Chapelle Website.
3 – Price
The prices of Savonnerie de la Chapelle products are given in euros. Prices are shown inclusive of tax and excluding handling and shipping costs.
La Savonnerie de la Chapelle reserves the right to change, at any time and without notice, the prices of products offered for sale on the Savonnerie de la Chapelle Website. Products are invoiced on the basis of the prices shown on the Savonnerie de la Chapelle Website at the time when you make your order, subject to availability of the products ordered at that time.
La Savonnerie de la Chapelle reserves title to all products until full collection of the price by La Savonnerie de la Chapelle. However, you shall assume all risks (particularly of theft, loss or damage) inherent in the products delivered, as from the effective date of delivery.
4 – Payment
All orders are payable in euros for the on-line shop.
Your order is shipped only after checking your method of payment and upon receipt of authorisation to charge your card.
For some orders, you may be requested to make an authenticated secure payment using the 3D Secure system (via “Verified by Visa®” or “MasterCard® SecureCode”). In this case, you must enter the personal information requested by your bank in order to finalise your payment.
5 – Fraud prevention
La Savonnerie de la Chapelle reserves the right to cancel or reject an order placed by a customer with whom it is in dispute regarding an earlier order, or if La Savonnerie de la Chapelle reasonably considers such customer to have breached these General Terms or engaged in fraudulent activity, or on any other legitimate grounds.
6 – Delivery
Products purchased on the www.savonneriedelachapelle.com/?lang=en Website may be delivered to a postal address anywhere in the world.
Before final confirmation of your order, the amount of shipment costs is clearly stated.
The products are shipped to the delivery address indicated by you when ordering.
All other types of order are delivered by Colissimo parcel service within the shipment times stated below, to which is added a time for processing your order and routing to the shipper, of a maximum duration of 72 hours.
For security and safety reasons among others, La Savonnerie de la Chapelle will process no order for which a poste restante, post-office box, university residence or CEDEX address is supplied.
La Savonnerie de la Chapelle reserves the option of partly deliveries. The charge to your credit or debit card will be similarly staggered to correspond to the prices of the products actually delivered. Shipment costs will be invoiced only for a single shipment and in accordance with the indications in your order summary.
7 – Problems with delivery
Any failure to deliver or delay in delivering beyond seven (7) days must be reported to our Customer Service Department without delay.
You must check the goods for conformity at the time of delivery and indicate – if possible on the delivery note – in the form of handwritten reservations over your signature any anomalies observed (package open, damaged product, etc.). You should then, within three (3) days from delivery (or ten (10) days from delivery if the carrier cannot provide evidence of having enabled the consumer to check the condition of the products), contact the Customer Service Department by e-mail or telephone, at email@example.com or by telephone on +33 (0)2 33 85 50 18.
8 – Cancellation, returns, exchanges, refunds, Cancellation.
Once it is complete, your order is forwarded to La Savonnerie de la Chapelle for processing. You may modify or cancel the order by contacting the Customer Service Department by telephone or by e-mail, at firstname.lastname@example.org or by telephone on +33 (0)2 33 85 50 18.
Right of withdrawal (Returns, Exchanges, Refunds)
As required by applicable statutory provisions, you have 14 (fourteen) days from receipt of your products in which to exercise your right of withdrawal without having to state reasons, and without penalty. In the event of partly deliveries, the right of withdrawal runs from the last delivery. A standard withdrawal form is set out hereafter. A customer may use the withdrawal form below, or exercise that right using any other medium provided it is exercised unambiguously and unequivocally.
Consumer withdrawal form pursuant to new Article R.121-1 and the Annex to the French Consumer Code
Please complete and return this form only if you wish to withdraw from your Order made on the Savonnerie de la Chapelle Website – unless exclusions or limits apply to the exercise of the right of withdrawal in accordance with the applicable General Terms of Sale – and return the form directly to contact@savonneriedelachapelle.
I hereby notify to you my withdrawal from the contract relating to the sale of the goods (*) below:
Ordered on ………………………………….. / Received/withdrawn on ………………………………….. (*)
Order number: ……………………………………………………………………….
Name(s) of consumer(s): ……………………………………………………………………….
Address(es) of consumer(s): ……………………………………………………………………….
Signature(s) of consumer(s) (only in the event of notification of this form in paper version):
(*) Cross out the items that do not apply.
In the event of the right of withdrawal being exercised within the above-mentioned time limit, the price of the goods purchased and the shipment costs shall be refunded in full; costs of returning the goods remain payable by you. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be re-marketed new, and returns must enclose a copy of the purchase invoice to optimise processing.
Pursuant to applicable regulations, the right of withdrawal cannot be exercised for products unsealed by the customer or products with customised marking added at your request.
You may return any product ordered on the Savonnerie de la Chapelle Website for an exchange request or for refund on the terms applying to a delay of more than 7 days from the indicative delivery date or for the right of withdrawal. Refunds on returned products are made within fourteen (14) calendar days from the date when we receive the products returned by you.
For a return request, please complete and send the withdrawal form above to email@example.com This will enable our Customer Service Department to contact you and give you instructions on how to proceed.
Pursuant to statutory provisions, the right of withdrawal does not apply to consumable products that have been opened and/or used, products of which foil or other seals have been opened, or to products or their packaging which are damaged, thus precluding their re-sale.
You may then return your parcel by carrier to the following address: Les ateliers Buguet – La Savonnerie de la Chapelle, 61400 La Chapelle Montligeon, France.
In the case of an exchange (excluding any product received as a gift):
• if the replacement product(s) selected is/are higher in value than the amount of the product(s) returned, you must pay the difference in price in accordance with these General Terms of Sale.
• if the replacement product(s) selected has/have a lower value than the amount of the product(s) returned, La Savonnerie de la Chapelle will refund you the difference in price in accordance with these General Terms of Sale, except for gift orders.
In the case of an exchange, the shipment costs for the first delivery shall be refunded, but the shipment costs for the second delivery shall be invoiced.
The products must be returned as indicated in the previous paragraph. La Savonnerie de la Chapelle will make the refund within fourteen (14) ordinary working days of receipt of the returned products, by crediting your credit or debit card.
We make no refund, even in part, if you have received the product as a gift.
9 – Statutory warranties, exclusions from warranty
Pursuant to the applicable statutory provisions in French law, we will refund you for or exchange products that are defective, non-conforming or do not correspond to your order.
Products sold on the La Savonnerie de la Chapelle website are subject to the statutory warranties under Articles L 211-4, L 211-5 of the French Civil Code and by Articles 1641 and 1648 of the French Civil Code:
Article 1641 of the Civil Code – The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 of the Civil Code – An action resulting from vitiating defects must be brought by the buyer within two years of the discovery of such defect. In the case provided in Article 1642-1, the buyer must bring the action, under penalty of debarment, within the year which follows the date on which the seller can be discharged from visible defects or lack of conformity.
Article L211 -4 of the Consumer Code – The seller is required to deliver a product which conforms to the contract and he is liable for any lack of conformity which exists upon delivery. The seller is also liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility therefor or had it carried out under his responsibility.
Article L211 -5 of the Consumer Code – To conform to the contract, the product must:
• be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have in consideration of the public statements made by the seller, the producer or its representative, including advertising and labelling;
• or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
10 – Intellectual property
The Savonnerie de la Chapelle website is protected by copyright. The use of any part or all of the Site, particularly by download, copy, transmission or representation on any media and by any process for any purposes other than the user’s own private use for non-commercial purposes is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Atelier Cologne Website are also protected under trademark law. For any reproduction or representation of any part or all of the aforementioned marks or signs, the prior written permission of La Savonnerie de la Chapelle must be obtained.
Generally, any unauthorised reproduction or representation of trademarks, logos, designs, models, literary, musical, audio-visual or photographic works and generally, any item that may be protected by an intellectual property right, that are accessible on the Savonnerie de la Chapelle Website is prohibited and constitutes infringement under Articles L335-2 et seq. of the French Intellectual Property Code, unless such reproduction or representation is reserved exclusively and strictly for the user’s own private use.
11 – Limitation of liability
La Savonnerie de la Chapelle shall incur no liability under these Terms where failure to fulfil its obligations is attributable to a third party even if foreseeable, to the customer or is due to an occurrence of force majeure as defined by the French courts of law, or is due to any other event that was beyond the reasonable and exclusive control of La Savonnerie de la Chapelle.
The products offered for sale are compliant with applicable French and European legislation and with the standards applicable in France and Europe. La Savonnerie de la Chapelle shall incur no liability in the event of a breach of the legislation of the country where the product is delivered (e.g. in the event of a ban on a product). You must personally contact the authorities locally to ascertain whether and on what conditions the products you intend to order can be imported or used.
Photographs are provided for illustration purposes. La Savonnerie de la Chapelle shall incur no liability for any error or inaccuracy in the photographs or graphic representations of the Savonnerie de la Chapelle products featured on the Savonnerie de la Chapelle Website. We advise you to refer to the description of each product to acquaint yourself with its precise characteristics.
If you have any questions regarding the products, please feel free to contact our Customer Service Department by e-mail at the contact@savonneriedelachapelle address or by telephone on +33 (0)2 33 85 50 18.
Subject to applicable regulations, all texts, photographs, videos, data, notices, logos, brands, trademarks and other elements present on the Sites are supplied “as-is”, and are accessible in accordance with the availability of the Site, without any warranty whether express or implied by La Savonnerie de la Chapelle. The website shall be used at web users’ own risk, and on their own entire liability. In particular, the use of hypertext links may lead web users at the Site towards other servers to seek and view information; La Savonnerie de la Chapelle has no control over those other servers and cannot assume liability for any risk inherent in their content.
La Savonnerie de la Chapelle uses its best efforts to ensure the reliability of the information contained on its Sites. However, La Savonnerie de la Chapelle cannot warrant that:
• the Site, the contents and products on offer will fully meet users’ expectations;
• the Site will operate without interruption, and will be wholly error-free, or that any such error will be remedied;
• the Site is or will be entirely virus-free.
12 – Personal Data – List of subscribers objecting to cold-calling
The personal data concerning you is collected by La Savonnerie de la Chapelle. This data is necessary for managing your order and for the commercial relations between us. This data may be transmitted to companies which further those relations, such as companies tasked with providing the services and executing the orders for management, performance, processing and payment purposes. This information and data is also retained for security purposes, so as to comply with legal and regulatory obligations, and to enable us to improve and personalise the services we offer you, and the information we send you.
As required by the French Data Protection (know as Informatique et libertés) law of 6 January 1978, you have a right of access, rectification and objection exercisable on the personal data concerning you. For this purpose, you may simply write to us on-line at firstname.lastname@example.org or by post at
La Savonnerie de la Chapelle, Les Ateliers Buguet, 61400, La Chapelle Montligeon, France
indicating to us your surname, forename, e-mail address and postal address. As required by applicable regulations, your request must be signed and must enclose a photocopy of an identity document bearing your signature, and must also specify the address at which the reply is to be sent to you. A reply shall be sent to you within two months of receipt of your request. Depending on the choices you made when creating or viewing your account, you may receive offers and invitations from our company. If you no longer wish to receive them, you may at any time request their discontinuance by stating your intention in your account space.
13 – Applicable law
These General Terms of Sale shall be governed and interpreted according to French law. These General Terms of Sale shall not impede compliance by the Savonnerie de la Chapelle Website with any public-policy provision existing in the regulations of the European Union country from which the customer ordered, subject to that customer being resident there. These General Terms of Sale are written in the English language.
For any complaint or claim, our customers must first contact:
La Savonnerie de la Chapelle – Service Client, Les Ateliers Buguet, 61400 La Chapelle Montligeon.
We shall do our utmost to resolve amicably any disputes between us and the customer. For any disputes, the French courts of law shall have sole jurisdiction. The customer is hereby informed of the possibility of recourse, in the event of a dispute, to conventional mediation or any other alternative method of dispute settlement.