General Terms of Sale
GENERAL TERMS OF SALE (GTS)
The Lavandière de Provence merchant site (https://www.lavandieredeprovence.com), is an e-commerce website accessible to the Internet, open to all users of this network. It is published by Lavandière de Provence SAS.
Lavandière de Provence SAS
106 avenue de la Fourragère
Simplified joint stock company (SAS)
Capital 5,578.00 euros
815 051 289 R.C.S. Marseille
VAT number FR92815051289
Phone: 04 91 44 35 60,
Lavandière de Provence offers for sale cosmetic and lifestyle products made by and / or for Lavandière de Provence to people browsing the Website.
Any order of a Product offered on the Website presupposes the consultation and the express acceptance of these General Conditions of Sale by the Buyer.
It is specified that the User can save or print these GTC, provided, however, not to modify them. These T & Cs are also available at any time on the Website. They can be subject to modifications at any time, the applicable GTC being those in force on the Website on the date of placing of the order by the Buyer.
In accordance with the legislative and regulatory provisions in force relating to the electronic signature, it is recalled that the validation of the order form under the conditions provided for in these CGV, constitutes an electronic signature which has, between the Parties, the same value as a signature handwritten and worth proof of the entire order and the payment of sums due in execution of said order.
1. Information technology and civil liberties - Personal data
2. Personal use of the Products - order thresholds
It is specified that the Products are intended for the personal use of the User, without any direct relation to his professional activity. As such, the attention of the User is particularly drawn to the fact that the amount of his orders must not exceed the sum of 1000 Euros including tax per order.
The purpose of these GTCS is to define the rights and obligations of the Parties arising from the online sale or from the catalog of Products offered on the Website.
4. Products - Price
The Products offered for sale by Lavandière de Provence SAS are those which appear on the Website, on the day of consultation of the Website by the User and within the limits of available stocks.
In the exceptional cases of unavailability of one of the Products, the Purchaser will be informed as soon as possible and he will be offered a similar replacement product of equivalent value: if he refuses, he will be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid.
Only the delivered products will be invoiced.
The photographs and texts illustrating the Products do not enter into the contractual field. Minimal variations in the representation of the Products do not engage the responsibility of Lavandière de Provence and do not affect the validity of the sale.
The prices are indicated in Euros and are valid for the European Union, They hold the VAT, applicable on the day of the order.
The prices indicated on the Website are guaranteed until the expiry date indicated in the offer.
The prices indicated do not take into account the processing, shipping and packaging costs which will be invoiced in addition:
Fees applicable to the different delivery methods available
- standard delivery offered beyond 65 € of purchase (mainland France and Corsica)
- standard delivery is offered beyond 75 € of free purchase (European Union)
We reserve the right, which the User accepts, to modify these prices at any time but the Products will be invoiced on the basis of the prices in force at the time of the registration of the order, subject however to the availability of said Products
5. Registration and validation of the order
5.1. Navigation within the Website
The User can read the different Products offered for sale by Lavandière de Provence on the Website.
The User can navigate freely on the different pages of the Website, without being bound by an order. By connecting or using the Website, the User nevertheless remains subject to the General Conditions of Use and to the Privacy Charter - Privacy and Cookies Policy which he acknowledges having read, understood and accepted without limitation or reservation .
5.2. Registration of an order
If the User wishes to place an order, he will choose the various Products in which he has an interest, and will express said interest by clicking on the "Buy" box.
On the Website, at any time, the User may:
- obtain a summary of the Products he has selected, by clicking on his basket,
- continue its selection of Products by clicking on "Continue shopping",
- complete your selection of Products and order these Products by validating your basket and clicking on "Order".
To order the Products he has chosen in this way, after clicking on “Order”, any User must identify himself, either by entering his e-mail address and his confidential password, if he has already created his account, either by clicking on "To identify yourself, Click here!" " otherwise. "
To order the Products he has chosen in this way, after clicking on “Order”, any User must identify himself, either by entering his e-mail address and his confidential password, if he has already created his account, either by clicking on "To identify yourself, Click here!" " otherwise.
In the latter case, the User must accurately complete the form made available to him, on which he will in particular include the information necessary for his identification and in particular his name, first name, postal address. In addition, the User must provide his e-mail address and a password of his choice which will be personal and confidential and which he will need to identify himself later on the Website.
The User is informed and accepts that entering these two identifiers constitutes proof of his identity and expresses his consent.
Once the User has been identified, he must validate the delivery address and then an order form will appear on the screen, summarizing: the nature, quantity and price of the Products retained by the User, as well as the total amount of the order, delivery costs, contact details of the User, and the address and delivery time of the Products. The User will be able to choose the payment method he wishes, from those offered.
5.3. Final validation of the order
After having read the status of his order, and once all the information requested has been completed by the User, the latter:
- either click on the payment method chosen to confirm the order definitively;
- either click on the button allowing him to modify his basket and / or the information relating to his personal details.
By clicking on the payment method button, the User must, before continuing with the operation, read these CGVs, then confirm his agreement with all of these CGVs, by means of a confirmation action. acceptance implemented by the Website (for example, by checking a box).
Once the confirmation of the GTC duly accepted by the User, the latter may then pay by bank card.
The order is validly recorded once the Buyer has been able to check the details of his order and its total price, that he has been able to correct any errors, and that he has confirmed his order. The User then becomes Buyer.
The order form will be recorded in Lavandière de Provence's computer registers, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
5.4. Order confirmation
When he has validated his method of payment on the Website (if necessary with the supply of his card number and expiration date), a printable and recordable summary of the Buyer's order will be displayed, mentioning in particular the order references. A confirmation e-mail will be sent to the Buyer when the order is placed, including the following information:
- Identity and contact details of the seller
- Order references
- Summary of the order and essential characteristics of the Product (s)
- Delays, costs and possible restrictions on deliveries
- Place of withdrawal
- Total amount of the order, inclusive of tax, including delivery costs
- Rights and guarantee
Payment will be made on the Internet by Pay Pal, either with the Buyer's Py Pal account, or by bank card (Visa, Eurocard / Mastercard, American Express). If the Buyer has a "PayPal" account, he can also use this means of payment on the Site. For this, when ordering, the Buyer must select the mode
In any event, Lavandière de Provence reserves the right to refuse any order or any delivery in the event of:
- (i) exceeding the ceilings indicated in the preamble hereto,
- (ii) existing litigation with the Buyer,
- (iii) total or partial non-payment of a previous order by the Buyer,
- (iv) refusal to authorize payment by card from banking organizations,
- (v) non-payment or partial payment,
7. Retention of title
Lavandière de Provence retains ownership of the Product (s) ordered until full collection and perfect payment of the price and accessories including delivery costs. In the event of a payment incident, the Buyer agrees to return the Lavandière de Provence (s) of the Product (s) possibly received, without delay and on first request.
The Products ordered by the Buyer will be delivered only in the European Union, Norway and Switzerland, to the address indicated by the latter on the order form. An order can only be associated with one postal address. If you want to send the same package to several addresses, you will have to create an order for each of the addresses concerned.
In any event, the Products will be sent by Colissimo:
- Standard delivery (processing and shipping of orders from 2 to 5 working days for metropolitan France and 3 to 8 days for other countries)
We process orders on working days from Monday to Friday, except public holidays. Orders placed on Saturday and Sunday are processed the following Monday.
An order is only dispatched once it has been processed.
However, delivery cannot be guaranteed in the event of force majeure (see below).
9.1. Commercial warranty
In accordance with Articles L. 211-15 et seq. Of the Consumer Code, some of the Products sold on the Website may benefit from a commercial guarantee, the duration and conditions of which are indicated on the page of the Product (s). concerned.
In the event that the Product ordered by the Purchaser is covered by such a commercial guarantee, the Purchaser will receive, in accordance with the provisions of article L. 211-15 of the aforementioned Code, a written document containing the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor. This written document will also reproduce the provisions of article L. 211-16 of the aforementioned Code, which provides that "When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or from the repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request. "
9.2. Legal guarantees
Independently of any commercial guarantee that may be granted to the Buyer, Lavandière de Provence is bound towards the Buyer:
- the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code (articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code , below reproduced), (see paragraph 8.2.1. below) and
- the guarantee relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code (articles1641 and 1648 paragraph 1 of the Civil Code, below reproduced) (see paragraph 8.2.2. below) after).
9.2.1. Legal guarantee of conformity
Article L. 211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. "
Article L. 211-5 of the Consumer Code: "To comply with the contract, the product must: 1 ° Be suitable for the use normally expected of a similar product and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L. 211-12 of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods. "
Furthermore, the Purchaser is reminded that "Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (…) The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity ”(article L.211-7 of the Consumer Code).
9.2.2. Warranty for defects in the thing sold
Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have it not acquired, or would have given a lesser price, if he had known them. "
Article 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
9.3. Deadlines and procedures for exercising legal guarantees
Any complaint made after the two-year time limits provided for in articles L. 211-12 of the Consumer Code and 1648 paragraph 1 of the aforementioned Civil Code will be rejected.
Customer Service will inform the Purchaser of the procedure to follow in order to dispatch the Products.
Any return costs incurred by the Buyer will be reimbursed by Lavandière de Provence
On receipt of the Product (s) and after examining the request and the Product (s), if the non-conforming or defective nature of the Product (s) was proven, it will then be proceeded as follows:
9.3.1. Legal guarantee of conformity
The goods will be repaired or replaced, at the Buyer's choice, subject to the provisions of Articles L. 211-9 and L. 211-10 of the Consumer Code.
9.3.2. Warranty for defects in the thing sold
It will be carried out in accordance with articles 1644 to 1646 of the Civil Code.
10. Right of withdrawal
Pursuant to the provisions of articles L. 121-21 et seq. Of the Consumer Code, the Buyer has a period of fourteen working days to exercise his right of withdrawal to return the Product (s) he ordered, without having to justify its decision.
This withdrawal period expires fourteen days after the day of receipt of the Product (s) ordered.
To exercise the right of withdrawal, the Buyer must notify Us of his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email).
If the Buyer electronically transmits his request for withdrawal, We will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
In accordance with the provisions of article L. 121-21-8 of the Consumer Code, it is specified to the Purchaser that notwithstanding a request for withdrawal made within the period previously indicated, the right of withdrawal cannot be exercised in particular "for contracts (...) 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".
Consequently, the Purchaser must return the complete Product (s), unused, in its (their) original packaging intact (s) to Us without undue delay and, in any condition of cause, at the latest fourteen days after the Buyer has communicated his decision to withdraw. This deadline will be considered respected if the Buyer returns the complete Product (s) before the expiration of the period of fourteen days.
The Buyer must contact customer service to find out the procedure allowing him to return the Product (s) without charge. The Buyer's responsibility is engaged only with regard to the depreciation of the Product (s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this (s) Product (s).
In the absence of the return of the Product (s) within the aforementioned period of fourteen days, from the day of the actual receipt of the order, the order is deemed to be final and no refund will be made, except in the cases provided to these GTC.
In the event of withdrawal by the Purchaser, We will reimburse him for all payments received from him, including delivery costs (with the exception of additional costs arising from the fact that the Purchaser would have chosen, where applicable, a method of delivery other than the less expensive standard delivery method offered by Us) without undue delay and, in any event, no later than fourteen days from the day We are informed of the Buyer's decision to withdraw.
We will reimburse using the same means of payment as that which you used for the initial transaction; in any event, this refund will not incur any costs for the Buyer.
The reimbursement of the above-mentioned sums will be deferred until the Product (s) are recovered under the above-mentioned conditions, or until the Purchaser has provided Lavandière de Provence with proof of shipping. of these goods, the date chosen being that of the first of these facts.
1. Force majeure
Lavandière de Provence will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure.
Events meeting the criteria set by case law and applicable laws will be considered as force majeure.
In the presence of an event constituting force majeure, Lavandière de Provence will notify the User / Buyer within five (5) working days following the occurrence or threat of this event.
The Parties agree that they must consult as soon as possible in order to determine together the terms of execution of the order during the duration of the case of force majeure.
12. Partial invalidity
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
13. Entire contract
These T & Cs and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
In case of contradiction between these documents, these GTC will prevail.
14. Applicable law
These GTC and the contractual relations between Lavandière de Provence and the Purchaser are subject to French law.
15. Attribution of jurisdiction
Any dispute resulting from the formation, interpretation or execution of this contract will be submitted to the competent French courts or to any other competent judicial authority.
16. Contact Customer Service and Mediation of consumer disputes
For any question relating to a purchase made on the Website, the Purchaser has the option of contacting Customer Service as follows:
By phone on 04 91 44 35 60 from Monday to Friday from 8 a.m. to 8 p.m. and on Saturday from 9 a.m. to 8 p.m., excluding public holidays.
By mail :
Lavandière de Provence
106 Avenue de la Fourragère
In accordance with the provisions of the Consumer Code (articles L. 611-1 to L. 616-3, the Buyer has the right to have free use of the mediation service offered by Lavandière de Provence. The name and contact details of the Mediator of the proposed consumption Lavandière de Provence will be communicated by Lavandière de Provence at the Purchaser's first request.
In accordance with article L. 612-2 of the Consumer Code: "A dispute cannot be examined by the consumer mediator when:
1 ° The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the terms provided, if necessary, in the contract;
2 ° The request is manifestly unfounded or abusive;
3 ° The dispute has been previously examined or is being examined by another mediator or by a court;
4 ° The consumer submitted his request to the mediator within a period of more than one year from his written complaint to the professional;