General terms and conditions of sale
www.lovieandco.com (hereinafter referred to as "Site") is published by SAS LOVIE&CO, a company with a capital of 10 000 euros, whose registered office is located at 70, avenue Victor Hugo 93300 Aubervilliers and registered in the Bobigny Trade and Companies Register under number 808 607 154, whose intra-Community VAT number is FR 78808607154.
These general terms and conditions of sale (hereinafter "GTCS") apply to any purchase of products for sale on the Site (hereinafter "Items") selected by any purchasing consumer for his or her own use (hereinafter the "Customer") via the Site's electronic ordering platform (hereinafter an "Order") from LOVIE&CO (hereinafter "LOVIE&CO"). They are accessible on the Site on a permanent basis..
LOVIE&CO reserves the right to amend or update these GTCS at any time. The GTCS that apply to any transaction are those that are displayed online on the Site at the time of the Order. Any Order constitutes unconditional acceptance of the GTCS. Acceptance of these GTCS is evidenced by the acceptance click provided for this purpose before any Order is confirmed, the details of which are set out below..
The GTCS represent the entire contractual relationship between the parties and prevail over any other document exchanged between the parties, regardless of the date of transmission to LOVIE&CO. Any special conditions that deviate from or supplement the General Terms and Conditions of Sale must be accepted in advance and in writing by LOVIE&CO..
The sale of Items on the Site is exclusively reserved for retail and private customers.
The Customer acknowledges and therefore accepts that Items may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of items ordered in a single order and the number of individual orders that are consistent with the typical quantity for an average consumer, ordered for the same product. LOVIE&CO reserves the right to refuse an order that has been clearly made by a professional seller Customer.
LOVIE&CO reserves the right to close any customer account and consequently refuse any sale to a Customer in the following cases:
- Failure to pay for one or more previous Orders,
- Non-compliance with any of the Customer's obligations defined in the GTCS.
The Customer will be informed of the closure of his/her customer account and the deactivation of his/her login and password by email.
Similarly, the Customer may at any time inform LOVIE&CO by email of his or her intention to close his or her customer account.
The Items are for sale as long as they are displayed on the Site, while stocks last.
In the event of unavailability of the Item after placing your order, we will inform you by email or telephone as soon as possible, offering you either to order another Item presented on the Site as a replacement, or to cancel your order. LOVIE & CO incurs no liability in the event of an out of stock or unavailability of Items for orders not yet accepted by LOVIE & CO.
LOVIE & CO reserves the right to change the Items displayed on the Site at any time and without notice.
LOVIE & CO takes the greatest care in the presentation and description of the products to best satisfy the Customer's information. However, it is possible that errors or non-substantial modifications may appear on the Site.
The procedure for placing an Order on the Site is subject to compliance with the various steps that the Customer must follow to validate his or her Order.
The Customer selects the Item(s), and if applicable the size and quantity he/she wishes to purchase on the Site by clicking on "Add to Cart".
When the Customer wishes to confirm the Order, he/she must click on "Order" from the Shopping Cart page.
The Customer must then log in. When creating an account, he/she must complete the form provided for this purpose under the "Create Account" option (last name, first name, e-mail address, postal address, telephone number), this information being required for the processing and delivery of Orders and the preparation of invoices. The Customer must read the privacy and personal data processing policy and tick the box provided for this purpose. If the Customer already has an account, he/she will need to enter his/her username and password to log in.
The Customer then selects the box that corresponds to the desired delivery method. The price for each delivery method is shown.
The Customer then sees an Order summary containing the price of the Items, the quantity requested, the unit cost of the Items and the delivery method and cost. At any time, the Customer may modify his or her Order and amend any errors.
The Customer pays by choosing the payment method and filling in the necessary fields. By clicking on the "Place your order" button the customer accepts all the General Terms and Conditions of Sale.
The Order is then placed and cannot be modified, without prejudice to the application of the article of these GTCS relating to the right of withdrawal. Upon receipt of payment for the Order, LOVIE&CO sends a confirmation email summarizing the Order (Items, price, quantity...). The Order and invoice can be found in the "My Account" section.
Unless stated otherwise, the selling prices of the Items are shown in euros (€) and include all taxes.
These prices do not include any additional shipping costs. These costs are specified before the Order is placed by the Customer and are listed separately in the Order summary. The total price of the Order (including all taxes and shipping costs) is displayed in the shopping cart and in the Order summary.
The Site lists the different shipping methods under the "Delivery and Returns" section. The Customer selects the shipping methods when placing the Order.
For sales outside the European Union, prices are given FOB from Paris. The customer is responsible for customs clearance and the payment of various duties or taxes.
LOVIE&CO reserves the right to modify its prices at any time but the Items shall be invoiced at the prices applicable at the time the Order is placed, subject to availability.
The Customer can choose between several delivery methods available during the Order process.
Delivery is made in accordance with the delivery method chosen by the Customer as specified in the Order confirmation. The delivery dates given on the Site are approximate and correspond to the average processing and delivery times. LOVIE&CO cannot be held responsible for any consequences due to late delivery that is not its fault. In addition, the day after a collection is put online, the delivery time may be extended to 10 (ten) days, given the volume of Orders.
Delivery is made to the delivery address specified by the Customer, it being understood that this must be the residential address of the Customer, a natural person of his or her choice or a legal entity (delivery to his or her company). Delivery cannot be made to hotels or post boxes.
Orders are shipped on average within 24 (twenty-four) hours, but this can be extended to 10 (ten) business days. To ensure that these deadlines are met, the Customer must make sure that he or she has provided accurate and complete information on the delivery address (such as street number, building number, stairway number, access codes, names and/or intercom numbers, etc.).
LOVIE&CO will deliver orders within a maximum of 14 (fourteen) working days for delivery to mainland France and 20 (twenty) working days for international delivery from the day following order confirmation. If the delivery time is not met and not justified by force majeure, the Customer may request cancellation of the sale and obtain a refund of the amounts paid for the sale within a maximum period of 14 (fourteen) days following the date on which the agreement is terminated.
The Customer has a right of withdrawal for a period of 15 (fifteen) days from receipt of his Order.
The Customer must notify LOVIE&CO of his intention to withdraw by requesting a return via the Site, in the "My Account / My Orders" section by clicking on "Return one or more products"
The Customer must then return the Items to LOVIE&CO within 15 (fifteen) days of his notification of the withdrawal. The Item(s) must be returned in its (their) original packaging, in its (their) original condition, new, unworn and unwashed.
The customer shall bear the full shipping cost of return of a fixed amount indicated in the "Delivery and Returns" section, which will be deducted from the refund.
To return a product, the Customer must follow the procedure set out in the "Delivery and Returns" section.
All sums paid, except delivery costs, by the Customer will be reimbursed by LOVIE&CO using the same means of payment as that used for the payment of the Order at the latest within the period of 14 (fourteen) days following the date on which LOVIE&CO will have received and checked the returned Item(s). In the absence of receipt of the Item(s) concerned or proof of shipment within this period, LOVIE&CO reserves the right to postpone the refund until the day of recovery of the Item(s) concerned or the provision by the Customer of proof of shipment of the Item(s) concerned.
LOVIE&CO is not required to pay any additional costs resulting from a delivery method that is more expensive than the standard delivery method. The return costs are borne by LOVIE&CO if the delivered Item is different from the ordered or damaged. If the Customer fails to comply with these GTCS, specifically the conditions for returns, LOVIE&CO may not reimburse the Items concerned.
For returns from countries outside the European Union: returns must be sent by Parcel (equivalent to Ordinary Parcel). The customer must complete the CN23 customs declaration, he indicates a description of the goods and imperatively ticks the box "Return of goods" in the "category of the shipment". The Customer must also attach the invoice for the Order in question to prove that they are for the same goods.
Complaints: Upon receipt of the Items, the Customer must immediately check the condition and compliance of the Items with the Order, in particular the quality and quantity of the Items and their characteristics.
If the Items do not comply with the Order or are damaged, the Customer must make reservations and complaints to the carrier or refuse delivery if the package is open or damaged, and send their complaints by registered letter to LOVIE&CO - 70 avenue Victor Hugo - 93300 Aubervilliers or by email to firstname.lastname@example.org within 14 (fourteen) days of delivery. The Customer must then specify and exhaustively justify the grounds for the complaint.
No complaint will be taken into account after use of the Items. No spontaneous return, without LOVIE&CO’s agreement, will be accepted, except in the case of exercise of the right of withdrawal.
Legal guarantee: The Items sold are also covered by the legal compliance guarantee provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code and by the guarantee relating to defects of the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In accordance with the provisions of Article L. 217-15 of the French Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are hereinafter reproduced in full.
Article L. 217-4 of the French Consumer Code
The seller is required to deliver goods that are consistent with the contract and is liable for any non-conformity found at the time of delivery.
He/she shall also be liable for any non-conformity caused by the packaging, assembly or installation instructions when such responsibility is stated in the contract or when it has been carried out under his/her responsibility.”
Article L. 217-5 of the French Consumer Code
The good is consistent with the contract:
1. If it is suitable for its intended use and, if applicable:
- if it corresponds to the description given by the seller and has the same qualities as those provided by the latter to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect based on the information publicly provided by the seller, the producer or his or her representative, such as in advertising or labelling;
2. Or if it presents the specifications defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, which is known to the seller and which the latter has accepted."
Article L. 217-12 of the French Consumer Code
“Any claim for non-compliance must be filed within two years of delivery of the goods.”
Article 1641 of the French Civil Code:
“The seller is bound by the guarantee for hidden defects in the product sold that make it unfit for its intended use, or that impair its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, if he or she had been aware of them.”
Article 1648 paragraph 1 of the French Civil Code
“Any claim for inacceptable defects must be filed by the purchaser within two years of detection of the defect.”
Except as provided for in these GTCS, sold Articles cannot be returned or exchanged.
When acting in accordance with the legal compliance guarantee, the consumer:
is entitled to a period of 2 (two) years from the delivery of the product to make a claim;
- may choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from providing proof of the non-conformity of the goods during the 24 (twenty-four) months following delivery of the goods. The legal compliance guarantee applies independently of the commercial guarantee provided.
The consumer may decide to enforce the guarantee against hidden defects in the product sold within the meaning of Article 1641 of the French Civil Code. In this case, he or she may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
LOVIE&CO only has a best endeavours obligation for all stages of Site access, from the Order process to the shipment of the parcel or subsequent services. LOVIE&CO cannot be held liable for any inconvenience or loss incurred as a result of using the Internet, including but not limited to network failure, unauthorized access or computer viruses, or any event deemed to be force majeure, in accordance with the law and jurisprudence.