General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE SITE

1. PURPOSE
2. USER COMMITMENT
3. PRICE
4. ORDER
5. DELIVERY or PROVISION
6. PAYMENT
7. PRODUCT AVAILABILITY
8. CUSTOMER SERVICE
9. RIGHT OF WITHDRAWAL – RETURN/EXCHANGE
10. WARRANTY OF PRODUCTS PURCHASED ON THE SITE
11. PERSONAL DATA
12. EXEMPTION FROM LIABILITY
13. COOKIES
14. MISCELLANEOUS
15. DISPUTES / Mediation 

1. PURPOSE

These general terms and conditions of sale are concluded between, on the one hand, Nouvelle Compagnie des Détergents et du Savon de Marseille – Savonnerie Fer à Cheval, hereinafter referred to as "NCDSM" and, on the other hand, persons wishing to purchase the products sold online on the website www.savon-de-marseille.com (also accessible via www.savon-de-marseille.net or any other url address redirecting to the initial site), hereinafter referred to as "the User".
The purpose of the general terms and conditions of sale is to define the conditions under which "NCDSM" provides "the User" with the product(s) they have ordered on the website www.savon-de-marseille.com or any other url address redirecting to the initial site) (hereinafter "the site") as well as the conditions of use of the site.
"The User" is invited to keep a copy of the general terms and conditions of sale accessible on the day of their order and/or to print them. (22/06/2022 vrs1.0.0)

2. USER COMMITMENT

The "site" is free and accessible to all Internet users. By making purchases on the "site", the Internet user becomes a "User" and must therefore comply with the general conditions of sale as well as all the conditions provided for in the legal notices accessible.
Placing an order on the "site" is governed by these General Terms and Conditions of Sale and corresponds to a contract concluded between the "User" and "NCDSM." By placing an order, the "User" is invited to read the General Terms and Conditions of Sale. It is his/her responsibility to tick the box provided for this purpose in the ordering process only after having read them and possibly questioned "NCDSM" in case of difficulties before validating his/her order. The box concerned is the one corresponding to the following sentence: "I have read the general terms and conditions of sale and I adhere to them without reservation."
Acceptance of these General Terms and Conditions of Sale implies that the "User" is of legal age and has the legal capacity to enter into a contract.
«The User» must be the end user of the products purchased. Any order intended for resale may be canceled by our services. Any reseller must contact our sales department.
The provisions of this article are supplemented by those appearing in the Legal Notice.

3. PRICE

The prices indicated on the "site" are in euros, including all taxes (TTC), and excluding delivery costs. These prices can be modified at any time by "NCDSM", the prices displayed are only valid on the day of the order and do not apply for the future.
Delivery costs are indicated to "the User" before validation of their order. The calculation of delivery costs is described in the article "Delivery or Provision " of these general terms and conditions of sale.
"NCDSM" offers are valid as long as they are present on the "site". These offers are updated regularly.

4. ORDER

«The User» selects one or more products and adds them to their basket. At any time, they can check the contents of their basket. They move from step to step by clicking on the button provided for this purpose.
In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the ordering process is described below:

  • Step 1: Consultation of the basket and choice of delivery method:
    By consulting their basket, the "User" has the option of checking the number, nature of the products placed in the basket, the unit price, the overall price of the order (including the least expensive shipping costs), and to remove or add one or more items to their basket.
    At any time, the "User" can decide to proceed to the next step or continue shopping. Once the customer is satisfied with the contents of their basket, they can validate their basket by clicking on the button provided for this purpose.
  • Step 2: My contact details:
    By validating their basket, the "User" accesses a form in which they can either enter their login details if they already have them, or register on the "site" by completing the form presented to them, with personal information concerning them. As soon as they are connected using their login details or after they have perfectly completed the form, the "User" is invited to check or modify their delivery and billing details.
  • Step 3: Choice of delivery method:
    During this step, the "User" will be able to see the amount and terms of the different delivery options and choose the one that suits them.
  • Step 4: Payment:
    The "User" is invited to make their payment by credit card, Paypal, Bancontact, Klarna, bank transfer or check. In the case of payment by credit card or Paypal, the "User" is redirected for this purpose to a secure payment interface.
    In the case of payment by check or bank transfer, the "User" must respect the provisions set out in article "6. Payment" hereof.
    The payment methods presented during this step may vary according to various criteria, including for example the amount of the basket or the billing address.
    A confirmation screen closes the ordering process.
  • Step 5: Order Acknowledgement:
    Once the payment has been effectively received by "NCDSM", "NCDSM" will send an acknowledgement of receipt of the order electronically to the email address provided by "the User" when placing the order, within a maximum of 24 hours.
    Within the same timeframe and under the same conditions, "NCDSM" will send electronically a summary of the order and confirmation of the order processing, including all information relating to the order, the products ordered and the method of delivery.
    IMPORTANT: any order being prepared, confirmed and paid for, can no longer be modified.

NCDSM reserves the right to check or even cancel any order that it deems abusive. For orders exceeding 600 euros including VAT, we recommend that you contact our customer service department before finalizing your order.

5. DELIVERY or COLLECTION

5.1 Delivery location

The products are delivered to the delivery address indicated by the User when placing their order, if we offer delivery in the country concerned. Deliveries are made in mainland France and Monaco, French overseas departments and territories, the European Union and a selection of international countries.

5.2 Delivery costs

See the delivery section available in the website footer.

5.3 Delivery times

The delivery time starts from the effective payment of the order. It includes the order preparation time estimated between four (4) and six (6) working days unless otherwise indicated when placing the order, as well as the time for the package to be delivered by the carrier. You can find approximate times provided by the carrier on the  delivery page.

6. PAYMENT

The means of payment accepted on the "site" are as follows:

  • Credit card (Carte Bleue, Visa, Mastercard)
  • Bancontact
  • Apple Pay
  • Check

Payments by credit card are made using secure transactions provided by our partner Mollie.
To increase the security of your bank details, "NCDSM" does not keep them. This is why you will need to provide them to us with each new order.
"NCDSM" reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by "the user", payment incident and/or fraud in the use of the "site" or the means of payment chosen by "the user".
When paying by credit card, "NCDSM" has no access to any data relating to "the User's" means of payment. Payment is made directly to the banking institution.
In the case of payment by check, it must be a check issued by a bank located in mainland France or Monaco. In addition, "the User" must send their check within seven (7) calendar days of the order. The check will be cashed upon receipt. Once cashed, the order will be processed.
The products covered by the order remain the property of "NCDSM" until full payment of their price.
When "the User" places an order with payment by check, their order will only be dispatched when the check has been received.

7. PRODUCT AVAILABILITY

Product availability is indicated on the "site" in the descriptive sheet for each item.
The unavailability, even prolonged and without any limiting duration, of one or more products, cannot constitute a prejudice for the "User" and cannot give rise to the granting of damages by "NCDSM."
However, if a product proves to be unavailable after placing the order, the "User" will be informed by email to the address they provided in the form, of the delivery of a partial order or the cancellation of their order.
In accordance with the provisions of Article L.121-20-3 of the Consumer Code, in the event of unavailability, the "User" will be reimbursed for the price of the unavailable product within thirty days of payment of the sums paid.

8. RIGHT OF WITHDRAWAL – RETURN/EXCHANGE

In accordance with the legislation in force, consumers have a period of 14 days from the date of receipt of the package to withdraw and request a refund. A new period of 14 days will follow during which "the User" must return his order, and "NCDSM" proceed with the refund.
In order to exercise this right, it is the responsibility of "the User" to respect the procedure below in order to return the product(s) still sealed in its original packaging. To do this, "the User" informs the "NCDSM" customer service in writing, within 14 days, according to the following procedure:

  • Send the completed form, remembering to indicate the order number:  Download the withdrawal form (PDF format file)
  • via the contact form on the website

« NCDSM » will not accept any returns for which the above procedure has not been followed and respected. The reimbursement of delivery costs will be identical to what « the User » will have paid.
In accordance with the provisions of articles L.121-20 and following of the Consumer Code, the right of withdrawal may in no case be exercised for:

  • goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are liable to deteriorate or expire rapidly,
  • goods that have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons.

If the "User" wishes to exchange an item, they can specify this in a letter accompanying the return package or when they call Customer Service (see "Customer Service" section).
Only Products returned in their original packaging in perfect resale condition will be accepted for return or exchange.
The cost of returning the Product is the responsibility of the Customer, except in the event of a lack of conformity or proven hidden defects in the Product.

10. WARRANTY OF PRODUCTS PURCHASED ON THE SITE

10.1 Legal guarantee – guarantee against hidden defects

In the event of a defect in a product purchased on the "site" or non-compliance of the delivered product, "the User" is invited to contact Customer Service.
"NCDSM" undertakes to reimburse or exchange, depending on available stocks, a product revealing a hidden defect under the conditions provided for in the articles of the Consumer Code and Civil Code below.
In the event of a request for reimbursement, "the User" will be reimbursed by bank transfer or credited to their Paypal account, within a maximum period of thirty (30) days.

10.2 Applicable texts

Article L211-4 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 liable for defects of conformity resulting from packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility. »

Article L211-5 of the Consumer Code: « To comply with the contract, the goods must:
1° Be suitable for the use usually expected of similar goods and, where 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;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or 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 L211-12 of the Consumer Code: « The action resulting from lack of conformity is time-barred two years after delivery of the goods. »

Article 1641 of the Civil Code: « The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price for it, had he known of them. »

Article 1648 paragraph 1 of the Civil Code: « The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect. »

11. PERSONAL DATA

11.1 « My account »

Creating a personal account is an essential prerequisite for any order on the "site." To this end, the "User" will be asked to provide certain personal information. The "User" agrees to provide accurate information, otherwise the publisher of the "site" may terminate the contract and delete their customer account. Certain information will be deemed essential for the conclusion of the sale, and its collection will be essential for the creation of the personal account and the validation of the order. Mandatory fields are indicated as such. Refusal by a "User" to provide this information will prevent the creation of the personal account and, incidentally, the validation of the order.
This space allows the "User" to view all their orders placed on the site, and also allows, where applicable, to track the delivery of purchased products.
"NCDSM" undertakes to keep all contractual elements, the conservation of which is required by law or regulation, in a secure manner.
The pages relating to personal spaces are freely printable by the account holder in question but do not constitute proof, they are only for information purposes intended to ensure effective management of their orders by the "User."
When creating the personal account, the "User" is asked to choose a password. This password guarantees the confidentiality of the information contained in their "my account" then "information" section. The "User" therefore refrains from transmitting or communicating it to a third party. Failing this, "NCDSM" cannot be held responsible for unauthorized access to a "User's" account.
"NCDSM" reserves the exclusive right to delete the account of any "User" who has violated these General Terms and Conditions of Sale (in particular, but without this example being exhaustive in any way, when the "User" has knowingly provided incorrect information during their registration and the creation of their personal space) or any account that has been inactive for at least one year. Said deletion will not constitute damage for the excluded "User" who cannot claim any compensation as a result.
This exclusion does not preclude the possibility for "NCDSM" to take legal action against the "User" when the facts justify it.

11.2 Privacy policy

More information in our privacy policy section.

11.3 NCDSM Newsletter

By ticking the box provided for this purpose or by expressly giving his/her agreement to this end, "the User" accepts that "NCDSM" may send him/her, at a frequency and in a form to be determined by "NCDSM", a newsletter (information letter) which may contain information relating to its activity.
When "the User" ticks the box provided for this purpose, he/she agrees to receive commercial offers from "NCDSM" from this "site" for products and services similar to those ordered.
"The User" has the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters).

12. EXONERATION OF LIABILITY

In the event of impossibility of access to the "site", due to technical problems or problems of any kind, "the User" will not be able to claim any damage and will not be entitled to any compensation.
The hypertext links present on the "site" may link to other websites and the responsibility of "NCDSM" cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of "NCDSM" cannot be engaged if the visit, by the Internet user, of one of these sites, causes him/her prejudice.

13. COOKIES

When consulting the « NCDSM » website, some information relating to the navigation of your device (computer, Smartphone, tablet, etc.) may be recorded in files called "Cookies", installed on your device.

What are the different types of Cookies?

There are several categories of Cookies:

  • Strictly necessary Cookies: these Cookies are essential to browse certain websites by taking advantage of all their functionalities (support of the user's operating system, display...). Without these Cookies, services such as display will not be provided optimally. Note that being essentially technical, these Cookies do not identify you as an individual.
  • Performance Cookies: these Cookies are intended to help us improve the comfort of users by helping us understand how users interact with our websites (most visited pages, applications used...). These Cookies do not identify you as an individual.
  • Functionality Cookies: to simplify browsing, these Cookies allow to record certain choices of the "User" (language, user name, country...).
  • Targeted advertising Cookies: these Cookies allow to offer the "User" targeted advertising content with regard to his interests, but also to limit the number of appearances of the ads.
  • Affiliate Cookies: these Cookies allow to remunerate third parties ("affiliates") who distribute marketing campaigns on their websites on behalf of an "advertiser".
  • Cookies from social networks: these Cookies, emanating from third parties, allow you to make known to other people the content of our site as well as your opinion on it. This is the case of the "Share" or "Like" buttons, from "Facebook", "Twitter", "LinkedIn", "Instagram", "Viadeo", etc.
    The social network that provides this type of application buttons is likely to identify you through this button, even if you have not clicked on it when consulting our site. Indeed, some Cookies allow the social network concerned to follow your navigation on our "site", as soon as your account to this social network is activated on your device during your navigation on our "site".
    We have no control over the process used by social networks to collect information relating to your browsing on our "site". We invite you to consult the personal data protection policies of these social networks. These should allow you to exercise certain confidentiality choices with these social networks, in particular by configuring your user accounts for each of these networks.

Why does "NCDSM" use Cookies?

Using Cookies allows us to improve your browsing experience on the "NCDSM" website. This technical process allows us to:

  • to adapt the presentation of our sites to your device's display preferences (language, display resolution, operating system used, etc.);
  • to remember certain information that you fill in our forms in order to facilitate and personalize your future browsing;
  • to allow you to access your personal areas more quickly by memorizing identifiers or data that you have previously indicated;
  • to produce statistics, in particular regarding the volumes of traffic and use of the various services offered on our sites (sections and content visited, paths), in order to improve the relevance and ergonomics of our services;
  • to implement security measures (for example, when you are asked to log in again to content or a service after a certain period of time); to offer you, in advertising spaces, relevant content that may be of interest to you (best offers, other destinations, etc.).

How to manage your Cookies (allow, limit, block)?

Setting up your internet browser (Internet ExplorerTM, FirefoxTM, SafariTM, Google ChromeTM, OpéraTM, etc.) is an effective and free way to determine, in advance, how Cookies are managed. You can then decide:

  • to accept the registration of all Cookies integrated in the pages and content you view. Note that, on the one hand, these Cookies will only be readable by their issuers. On the other hand, this process is not definitive, and you will always be able, a posteriori, to delete these Cookies (the procedure differs depending on your internet browser, please refer to the corresponding instructions);
  • to refuse the registration of Cookies on your device. In this case, we draw your attention to the fact that you will not be able to benefit from the same browsing comfort, as some functionalities require the use of Cookies (for example, it is possible that your operating system is not recognized or that the language displayed is not the one you expect). Consequently, we decline all responsibility for any inconvenience linked to possible malfunctions of our services resulting from the impossibility of consulting the necessary Cookies;
  • to be invited by your browser to give your consent or refusal before the installation of a new Cookie on your device.
  • to accept or refuse Cookies depending on the issuing website.

The settings for Cookie management depend on your browser. You will find the necessary explanations in the corresponding user manual:

The "Flash"© cookies from "Adobe Flash Player"™
"Adobe Flash Player"™ is a computer application that allows the rapid development of dynamic content using the "Flash" computer language. Flash (and applications of the same type) stores the parameters, preferences and use of this content thanks to a technology similar to cookies. However, "Adobe Flash Player"™ manages this information and your choices via an interface different from the one provided by your navigation software.
If your device is likely to display content developed with Flash, we invite you to access your Flash cookie management tools directly from the site http://www.adobe.com/fr/.

14. MISCELLANEOUS

These general terms and conditions of sale may be modified at any time by "NCDSM" or its agent. The general terms and conditions of sale applicable to "the User" are those in force on the day of their order or connection to this "site". The publisher obviously undertakes to keep all its old general terms and conditions of sale and to send them to any "User" who requests them.
If one of the clauses of these general terms and conditions of sale were to be declared null and void by a court decision, this nullity would not invalidate all the other clauses, which would continue to have effect.
The fact that "NCDSM" does not temporarily or permanently invoke one or more clauses of these general terms and conditions of sale shall not under any circumstances constitute a waiver of the right to invoke the remainder of the general terms and conditions of sale.
These general terms and conditions of sale are written in French. Thus, only the general terms and conditions of sale in French are authentic.
The general terms and conditions of sale are subject to French law.
Unless otherwise provided by public order, any dispute that may arise in connection with the execution of these general terms and conditions of sale may be submitted to "NCDSM" for amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.
Registration number pursuant to Article L. 541-3 of the AGEC law of February 10, 2020, IDU REP packaging (NCDSM registration): FR215340_01PSVM

15. DISPUTES / Mediation

These general terms and conditions of sale are written in French. Thus, only the general terms and conditions of sale in French are authentic.
These general terms and conditions of sale are subject to French law. This applies to both substantive and formal rules. In the event of a dispute or complaint, "the User" will contact "NCDSM" as a matter of priority to obtain an amicable solution.
"The User" declares that they have been previously informed by "NCDSM" of the possibility of resorting, in the event of a dispute, to a consumer mediation procedure.
"NCDSM" is a member of the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) mediation body, whose contact details are as follows: website https://www.cm2c.net and by post, to the following address: 14 rue Saint Jean 75017 Paris or by telephone: 01 89 47 00 14.
Before contacting the mediator designated above, "the User" undertakes to send their complaint to the "NCDSM" Customer Service department at the contact details indicated on the "Contact" page of the site  https://www.savon-de-marseille.com

We would like to warmly thank our partner "Région Sud" who supported us in the development and modernisation of our industrial equipment.