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Legal notice and terms of sale
SARL Savons Potions & Cie
6 Chemin des Garennes 31260 Touille
Siret 82362712000012
Intracommunity VAT number: FR81 823627120
Provisions of the law "informatique et libertés
The Company " Savons, Potions & Cie " could not be held responsible for all the inconveniences or damage inherent in the use of the Internet network, in particular a rupture of the service, an external intrusion or the presence of computer virus, or of any fact qualified as force majeure, in accordance with the jurisprudence, nor of the nonconforming use of the ordered products.
Your contact information is recorded during the mail order process and the Company "Savons, Potions & Co." agrees not to use it for any other purpose. You have the right to access, modify, rectify and delete data concerning you (Article 34 of the French Data Protection Act of January 6, 1978). You can exercise this right by sending an e-mail to maguy.pavan@savonspotionsetcie.com or by sending a letter to the following address SARL Savons, Potions& Cie 6 Chemin des Garennes 31260 Touille, France .
Terms of use
Legal information
- Site introduction.
In accordance with article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the site http://www.savonspotionsetcie .com the identity of the various speakers within the framework of its realization and of its follow-up:tp://www.savonspotionsetcie.com l’identité des différents intervenants dans le cadre de sa réalisation et de son suivi :
Owner : Savons, Potions et Cie 6 chemin des Garennes 31260 Touille
Creator of http://www.savonspotionsetcie.com : SOGUIP
Responsible for publishing : Marguerite Pavan – contact@savonspotionsetcie.com
Webmaster : Franck Pavan – contact@savonspotionsetcie.com
Hosted by : Infomaniak.ch
The legal notice template is offered by Subdelirium.com https://www.subdelirium.com/generateur-de-mentions-legales/
- General conditions of use of the site and the services offered.
SIte use http://www.savonspotionsetcie.com/ implies full acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, so users of the http://www.savonspotionsetcie.com/ site are invited to consult them regularly. This site is normally accessible to users at all times. However, Marguerite Pavan may decide to interrupt the site for technical maintenance purposes. In such a case, Marguerite Pavan will make every effort to inform the users of the dates and times of the intervention beforehand. The website http://www.savonspotionsetcie.com/is regularly updated by Guillaume Pomente or Franck Pavan. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to read them.
- Description of services provided.
The purpose of the http://www.savonspotionsetcie.com/ website is to provide information about the company's activities. Savons, Potions & Cie strives to provide on the site http://www.savonspotionsetcie.com/information as accurate as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are its fault or the fault of third party partners who provide this information. All the information indicated on the http://www.savonspotionsetcie.com/ website is given as an indication, and is likely to evolve. In addition, the information on the site http://www.savonspotionsetcie.com/ is not exhaustive. It is given subject to modifications having been made since it was put on line.
- Contractual limitations on technical data.
The site uses JavaScript technology. The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a last generation browser updated
- Intellectual property and counterfeiting.
Savons, Potions & Cie is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization of : Savons, Potions & Cie. Any unauthorized exploitation of the site or of any element contained therein will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
- Limitations of liability.
Savons, Potions & Cie cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the site http://www.savonspotionsetcie.com/ and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility. Savons, Potions & Cie cannot be held responsible for indirect damages (such as, for example, a loss of market or a loss of opportunity) consecutive to the use of the site http://www.savonspotionsetcie.com/.
Interactive spaces (possibility of asking questions in the contact space) are at the disposal of the users. Savons, Potions & Cie reserves the right to delete, without prior notice, any content posted in this area that contravenes the applicable legislation in France, in particular the provisions relating to data protection. If need be, Savons, Potions & Cie also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph...).
- Personal data management.
In France, personal data is protected by the law n° 78-87 of January 6, 1978, the law n° 2004-801 of August 6, 2004, the article L. 226-13 of the Penal code and the European Directive of October 24, 1995. At the time of the use of the site http://www.savonspotionsetcie.com/, can be collected: the URL of the links by the intermediary of which the user reached the site http://www.savonspotionsetcie.com/, the supplier of access of the user, the address of Internet protocol (IP) of the user. In any case, Savons, Potions & Cie collects personal information about the user only for the need of certain services offered by the site http://www.savonspotionsetcie.com/. The user provides this information with full knowledge of the facts, in particular when he/she proceeds by himself/herself to their input. It is then specified to the user of the site http://www.savonspotionsetcie.com/ the obligation or not to provide this information. In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, the files and freedoms, any user has a right of access, of correction and opposition to the personal data relating to it, by carrying out its written and signed request, accompanied by a copy of the title of identity with signature of the holder of the document, while specifying the address to which the answer must be sent. No personal information of the user of the site http://www.savonspotionsetcie.com/ is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the repurchase of Soaps, Potions and Co. and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the http://www.savonspotionsetcie.com/ site.
The site is not declared to the CNIL because it does not collect personal information. The databases are protected by the provisions of the law of July 1, 1998 transposing the directive 96/9 of March 11, 1996 on the legal protection of databases.
- Hypertext links and cookies.
The http://www.savonspotionsetcie.com/ site contains a number of hyperlinks to other sites, set up with the authorization of Savons, Potions et Cie. However, Louise Emoi does not have the possibility of verifying the content of the sites thus visited, and consequently assumes no responsibility in this regard. Browsing the http://www.savonspotionsetcie.com/ website may result in the installation of cookies on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation. Refusing to install a cookie may make it impossible to access certain services. However, the user can configure his computer in the following way to refuse the installation of cookies:
- In Internet Explorer: Tools tab (cog-shaped icon in the upper right corner) / Internet options. Click on Privacy and choose Block all cookies. Validate on Ok.
- In Firefox: At the top of the browser window, click the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally uncheck it to disable cookies.
- In Safari: Click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the "Privacy" section, click on Content Settings. In the "Cookies" section, you can block cookies.
- In Chrome: Click the menu icon (symbolized by three horizontal lines) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the "Privacy" section, click on preferences. In the "Privacy" tab, you can block cookies.
- Applicable law and jurisdiction.
Any dispute in connection with the use of the site http://www.savonspotionsetcie.com/ is subject to French law. Exclusive jurisdiction is given to the competent courts of Toulouse (31-France).
- The main laws involved.
Law no. 78-17 of January 6, 1978, as amended by Law no. 2004-801 of August 6, 2004 on information technology, files and freedoms. Law n° 2004-575 of June 21, 2004 for confidence in the digital economy.
- Lexicon.
User: Internet user connecting, using the above-mentioned site.
Personal information: "information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies" (Article 4 of Law No. 78-17 of 6 January 1978).
General terms and conditions of sale
These general terms and conditions of sale define the commercial relationship between Soaps, Potions & Co. and the contractor.
Any order taken under a product appearing in the online store of the site http://www.savonspotionsetcie.com/(hereinafter THE SELLER SITE) assumes the consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies a full acceptance of the present. This click has value of "digital signature".
Legal guarantees
Article L217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
The seller is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The good is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6
- Created by Law 93-949 1993-07-26 annex JORF 27 July 1993
- Repealed by Ordinance n°2016-301 of 14 March 2016 - art. 34 (V)
Whoever, on natural or manufactured products, held or transported with a view to sale, offered for sale or sold in France, or on packages, boxes, bundles, envelopes, strips, labels, etc, will have affixed or knowingly used a trademark, a name, a sign or any indication likely to make believe, if they are foreign, that they were manufactured in France or that they are of French origin and, in all the cases, that they have an origin different from their true French or foreign origin, will be punished by the penalties envisaged by the article L. 213-1, sans préjudice des dommages-intérêts, s’il y a lieu.
However, this provision shall not apply when the product bears, in clearly visible characters, the indication of the true origin, unless the false indication of origin constitutes a regional appellation protected by Section 1 of Chapter V of Title I of Book I.
For French products, the company name, name and address of the seller do not necessarily constitute an indication of origin.
Article L217-7 of the Consumer Code
Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
Pour les biens vendus d’occasion, ce délai est fixé à six mois.
The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity. The deadlines are reduced to the DOOU (Deadline of Optimal Use) for the products which profit from it. The products which wear out such as sponges could not enter in this frame.
Article L217-8
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L217-9
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10
If repair and replacement of the property is not possible, the buyer may return the property and get the price back or keep the property and get part of the price back.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon pursuant to section L. 217-9 ne peut être mise en œuvre dans le délai d’un mois suivant la réclamation de l’acheteur ;
2° Or if this solution cannot be done without major inconvenience to the client, given the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 et L. 217-10 a lieu sans aucun frais pour l’acheteur. Ces mêmes dispositions ne font pas obstacle à l’allocation de dommages et intérêts.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 du Code Civil
- Created by Law 1804-03-06 promulgated on March 16, 1804
The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
Article 1648 du Code Civil
- Modified by LOI n°2009-323 du 25 mars 2009 – art. 109
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year after the date on which the seller may be relieved of the defects or apparent lack of conformity.
Commercial guarantees
Article L217-15
The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 à L. 217-12 et de celle relative aux défauts de la chose vendue, dans les conditions prévues aux articles 1641 à 1648 et 2232 du code civil.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-12 et L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of this.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.
This period runs from the time of the buyer's request for service or from the time the goods in question are made available for repair, if this is after the request for service.
Price
The prices are expressed in euros, all taxes included and Savons, Potions et Cie reserves the right to modify its prices at any time, but commits itself to apply the prices in force at the time of the order. Prices are for metropolitan France. For DOM-TOM, contact 06.71.11.81.87.
Methods of payment
Accepted means of payment: Cheque to the order of "Savons, Potions et Cie, 6 Chemin des Garennes 31260 Touille" or credit card or through the "Paypal" solution or by bank transfer. For customers who do not wish to order online, the soap factory is committed to accepting all paper orders correctly completed and accompanied by full payment. The products are then shipped within 2 days (by the services of Mondial Relay or colissimo of the Post office for France), except if unavailable. In this case, the customer will be informed by all available means (e-mail, telephone, mail).
Shipping and handling
A contribution to postage and packaging costs is calculated on the order form according to the number of items ordered and the destination.
Orders from European Union countries: The contribution to be added at the time of the order will be determined according to the destination country of the shipment.
Responsibility
The seller cannot be held responsible for the non-execution of the sales contract in case of force majeure, especially in case of strike.
The seller is not responsible for the use of the products by the buyer. In no way do the comments and information provided on this site constitute a treatment recommendation (preventive or curative), a prescription or a diagnosis, nor should they be considered as such. Soaps, Potions & Co. assumes no responsibility for the consequences of using this information.
On the other hand, the pictures reproduced on the site and illustrating the products presented do not enter into a contractual field, as well as any error concerning the description of the products. The responsibility of the salesman could not be committed if an error had inserted itself in one of these pictures.
The seller undertakes to exchange at its own expense any defective or damaged product. This warranty does not include any failure due to abnormal use or storage of the product through negligence or fault of the consumer. However, the articles that do not correspond to the customer's expectations must be returned in new condition in the original packaging (see below: Withdrawal). In the event of damage noted on a parcel during a delivery, it is up to the customer to issue reserves to the carrier and to send a copy of the declaration of deterioration to the seller by registered letter within 48 hours. Savons, Potions et Cie shall not be held responsible for any inconvenience or damage inherent to the use of the Internet network, including but not limited to service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with jurisprudence, nor for the non-conforming use of the products ordered.
It is reminded that the products must be kept away from humidity and excessive light.
Right of withdrawal (consumer law)
Article L221-18
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 à L. 221-25.
The period referred to in the first paragraph runs from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;
2° On receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for multiple goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period of time, the time period shall begin upon receipt of the last good or lot or part.
For contracts providing for the regular delivery of goods during a defined period of time, the period runs from receipt of the first good.
The buyer has the right to cancel his order during this period. This cancellation is effective as soon as he returns the goods, at his expense, and in the original packaging, by parcel post against signature.
The buyer does not have to justify his change of mind. The seller has a period of 30 days from receipt of the goods to refund the customer or make an exchange if the buyer wishes.
Article L221-23
The consumer shall return the goods to the trader or to a person designated by the trader without undue delay and at the latest within fourteen days from the day he communicates his decision to withdraw in accordance with Article L. 221-21, à moins que le professionnel ne propose de récupérer lui-même ces biens.
The consumer shall only bear the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer's home at the time of conclusion of the contract, the trader shall collect the goods at his own expense if they cannot be returned normally by post because of their nature.
The consumer's liability can only be incurred in case of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the trader has informed the consumer of his right of withdrawal, in accordance with 2° of Article L. 221-5.
Article L221-24
Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may defer the refund until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur costs for the consumer.
The trader is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the trader.
Article L221-25
If the consumer wishes the performance of a service or a contract mentioned in the first paragraph of Article L. 221-4 begins before the end of the withdrawal period mentioned in Article L. 221-18in the case of a distance contract, the trader shall receive the consumer's express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded away from business premises. A consumer who has exercised his right of withdrawal from a contract for the provision of services or from a contract mentioned in the first paragraph of Article L. 221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided up to the time of communicating his decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount shall be calculated on the basis of the market value of what has been provided.
No sum is owed by the consumer who has exercised his right of withdrawal if his express request has not been received in accordance with the first paragraph or if the trader has not complied with the information obligation provided for in 4° of Article L. 221-5.
Article L221-28
The right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
Withdrawal form :
Attention: ............................................... [insert name, geographic address and, where available, fax number and e-mail address]:
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name(s) of consumer(s):
Address of consumer(s) :
Signature of consumer(s) (only if notifying this form on paper) :
Date :
(*) Delete as appropriate.
The present General Conditions of Sale are governed by the commercial code of French law. In the event of a dispute, a mediator may be called upon.
European Online Dispute Resolution Platform :
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
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