Preamble
These general conditions of sale apply to all sales of products (“Products”) concluded by the company Bon Sens, SARL with capital of €20,000, having its head office at 9A chemin du Jabron 26200 Montélimar, registered in the register of commerce and companies of Romans (France) under number 898 289 871, including VAT identification number FR 08 898 289 871 (“Seller”) with consumers and professionals within the meaning of the preliminary article of the Consumer Code (“Customer”) on its website monloove.com (“Website”).
1. General
The purpose of these general conditions of sale is to define the rights and obligations of the Seller and the Customer resulting from the sale of the Products offered on the Website.
They will remain in force as long as they remain accessible on the Website. They may be modified at any time at the initiative of the Seller.
The modification will only take effect for orders placed after the date the modification is put online, unless this modification results from an obligation imposed by a mandatory law immediately applicable on French territory.
The Customer is informed that these general conditions may be subject to change and therefore be modified. The Customer is therefore invited to print them if he wishes to keep them. He acknowledges having been aware of the possibility of saving and/or printing these general conditions of sale from the Website.
The Customer declares to have read these general conditions of sale and to have accepted them by validating his order. by checking, on the Website, the box provided for this purpose.
Any order validation implies full and unreserved acceptance of these general conditions of sale by the Customer.
For any information and information, the Customer can contact the Seller:
- By email: bonjour@monloove.com
- By post to the following address: 9A chemin du Jabron 26200 Montélimar
2. Order
2.1 Placing an order
The Customer orders the different Product(s) of his choice by clicking on “Add to cart”.
Once the Product has been added, the Customer can either continue their purchases, or check their orders by clicking on “View my basket”, or validate the order by clicking on “Order”.
At any time, the Client may:
- Check the Products appearing in the basket: their quantity, their amount and detailed information on each of them by clicking on the “basket” icon,
- Modify or cancel the order of one or more Products on the basket summary page,
- Continue your Product selection by clicking on the menu tabs at the top of the screen,
- Validate the order by clicking on “Order” on the “My basket” page.
The Customer must ensure that his order and the other data he has provided are correct and that he undertakes to update them quickly in the event of a change.
2.2 Customer Identification
The order can only be validated on the Website if the Customer has a personal account.
If he does not already have an account, the Customer must accurately complete the fields identified by an asterisk as mandatory in order to create his personal account. He must indicate the information necessary for his identification, in particular a valid email address and a password of his choice (which will be personal and confidential) which will subsequently be used to identify himself on the Website.
The Customer must also indicate their first and last name in order to be able to create their customer account.
Any Customer who already has a customer account must identify themselves after clicking on “Validate my basket”, by entering their email address and password.
The Customer accepts that entering these two identifiers constitutes proof of his identity.
The Customer is responsible for choosing and storing his identifiers and must ensure their confidentiality. The Seller cannot under any circumstances be held responsible for possible theft of identifiers and connections to its customer account by third parties.
The provision of personal information collected as part of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
2.3 Finalizing the order
At this point, the Customer will access a page on the Website detailing the offer as well as the Customer's billing address, which can be changed if necessary. The Customer validates the billing address to which the Customer wishes the Products to be delivered by clicking on “Continue to shipping”.
The Customer will access a page listing the Products appearing in the basket and allowing them to confirm the address and choose the delivery method.
By clicking on “Continue to payment”, the Customer will then access a page allowing them to choose their payment method under the conditions of article 3 of these general conditions of sale.
Acceptance and confirmation of the order are established by entering data by the Customer on successive screen pages; this data appears on a summary screen including an explicit mention of the Client's firm commitment before accessing the payment platform. The order confirmation procedure carried out by the Customer constitutes the electronic signature of these general conditions of sale.
2.4 Acknowledgment of receipt of the order
At the end of payment, the Customer is directed to a summary page summarizing all the elements constituting the order.
A summary document of the order is also sent to the Customer by email to the email address indicated by him and at the latest before delivery.
2.5 Order tracking
To monitor the current order, the Customer can connect to his personal account by going to the “My account” / “Dashboard” / “Order history” section.
These general conditions of sale are deemed accepted by the Customer at the time of validation of the order and apply for the duration necessary for the supply of the Products and until the guarantees provided herein expire.
3. Delivery terms
Delivery times are indicated in the “Delivery and Returns” tab on each product sheet on the Website prior to placing the order. Where applicable, manufacturing times are indicated in the “Delivery and Returns” tab on each product sheet on the Website prior to placing the order. The Seller reserves the choice of the method of delivery of the Product(s).
The geographical delivery area corresponds to the coverage area of the offer. The delivery terms, in effect on the day the order is placed, are indicated in the “Delivery and Returns” tab on each product sheet on the Website.
In the event of non-compliance with delivery times, the Customer may cancel his order, by registered letter with acknowledgment of receipt or by writing addressed to the Seller via the contact details mentioned in article 1 hereof, if, after having ordered, according to the same terms, the Seller to make delivery within a reasonable additional time, the latter did not comply within the allotted time. The Customer may immediately cancel his order if the Seller refuses to deliver the Product or when he does not respect the delivery times even though these delivery times constitute an essential condition for the Customer.
The order is considered canceled upon receipt by the Seller of the letter or writing informing it of this cancellation, unless the Seller has complied in the meantime.
If the order has been shipped but the Customer refuses their order upon delivery or does not collect it from a collection point, the corresponding return costs are the responsibility of the Customer according to the terms mentioned in article 4.2.
In any event, the reimbursement of all sums paid by the Customer will be made within a maximum period of fourteen days.
4. Right of withdrawal
4.1 Right of withdrawal
Subject to the provisions of article 5 below, the Customer has the legal withdrawal period of fourteen days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs. . Return costs are free for certain products, as indicated in the Return section in the “Delivery and Returns” tab of the corresponding product sheet on the Website.
At the time of ordering, the Seller covers a significant portion of the delivery costs. The delivery costs payable by the Customer only represent a contribution corresponding to a fraction of the actual delivery costs. Delivery costs do not reflect the amount that would be payable by the customer in the event of a return.
The withdrawal period of fourteen days runs from the day after receipt of the Product or the last Product in the case of an order for a Product composed of multiple parts whose delivery is spread over a defined period, by the Customer or by a third party other than the carrier and designated by him.
The legal right of withdrawal is exercised according to the terms provided for in article 4.3 hereof.
4.2 Modalities for implementing the right of withdrawal
To exercise his right of withdrawal, the Customer must first and within the deadlines stipulated in article 4.1 hereof, notify his decision by registering a request for return of the Product(s) with his order number and the reference of the or Product(s) concerned by email to the following address: bonjour@monloove.com.
The Seller will send the Customer by e-mail an acknowledgment of receipt of the withdrawal or information of the return of the Product(s).
This email includes:
- The procedure for returning or withdrawing the Product(s),
- If applicable, the return number(s) associated with the request
- The postal address(es) to which the Customer must return the Product(s)
- A summary of the registered Product(s)
- If applicable, a return slip, attached to the email, to print and attach to the return.
The Customer must return the Product(s), at his own expense, in perfect condition, within a maximum of fourteen days from the date of transmission to customer service of the declaration of withdrawal or return. Return costs are free for certain products, as indicated in the Return section in the “Delivery and Returns” tab of the corresponding product sheet on the Website.
If the Customer wishes to return their entire order, they will be credited with the amount indicated on the order confirmation. If he returns part of the Products ordered, he will be credited with the amount corresponding to the Product(s) returned.
The refund will be made no later than fourteen days from the day of receipt by the Seller of the return of the Product(s) subject to the return or withdrawal request.
Reimbursement will be made by the same means of payment as that used by the Customer to pay for their order, unless otherwise agreed between the Seller and the Customer. The Product(s) must be returned in perfect condition, in its/their original packaging and with all of its/their accessories.
Any Product returned damaged and/or out of its original packaging and/or without all of its accessories will not be eligible for a refund.
5. Exclusion of the right of withdrawal
In accordance with Article L. 221-28 of the Consumer Code, and unless expressly agreed between the Parties, the right of withdrawal does not apply in particular to certain Products:
- For reasons of hygiene or health protection (example: underwear bottoms, earrings, etc.); Or
- If they are likely to deteriorate or expire (example: cosmetics, food products, etc.), or
- If they are made according to the Customer's specifications or clearly personalized.
In any case, the Products for which the legal right of withdrawal is excluded will be indicated prior to placing the order in the “Delivery and Returns” tab of the corresponding product sheet on the Website.
6. Price
The prices invoiced at the time of the order are those in force in the current catalog and available on the Website on that date. The Customer is invited to read the “Spread the LOOVE” section, available on the Website and listing current promotions and offers in relation to the proposed catalog.
All prices are indicated in Euros and do not include delivery costs. Concerning deliveries within the European Union, prices are indicated inclusive of tax.
Concerning export sales outside the European Union, prices are FOB (Free On Board, that is to say without transport costs and other related costs and taxes, and without insurance costs for the Products) from the shipping country indicated in the “Delivery and Returns” tab of the corresponding product sheet(s). Where applicable, the Customer is responsible for customs clearance, payment of customs and tax duties and taxes, value added or turnover taxes and impositions allowing him to collect the Products and obtain use of them. .
7. Delivery costs
Delivery costs are specified during the ordering process on the Website in addition to the price. They are indicated according to the geographical area of delivery and the delivery method.
When ordering bulky Products or bulky Products, specific delivery costs may apply depending on the geographic delivery area and the delivery method chosen by the Customer. These specific delivery costs are specified during the ordering process.
In any case, the delivery costs applicable on the day the order is placed are indicated in the order summary.
8. Payment method
To pay for the order, the Customer has the following payment methods to choose from:
- Payment by credit card (CB, Visa, Mastercard):
PayPlug is the partner that provides us with the secure payment gateway for your purchases. When making your payment, you are redirected to a PayPlug payment page that is completely secure using the HTTPS protocol. The payment process is therefore carried out directly on the secure PayPlug server.
Sensitive data, such as the Customer's bank card number and its expiration date,
are fully encrypted and protected using a TLS (“Transport Layer Security”) protocol to prevent the information exchanged from being intercepted in plain text by a third party during the transaction.
Card numbers are instantly encrypted and the Seller has no access to them. In addition, PayPlug does not store card numbers and relies on a secure infrastructure that complies with the international PCI-DSS standard.
In accordance with the Law of March 13, 2000 on electronic signatures, the online transmission of the card number and the final validation of the order constitute proof of the entirety of the order and the payability of the sums due in settlement of this order.
- Payment in 3 installments without interest or fees, by bank card (Visa, MasterCard, American Express) from 200€ of purchases up to 2000€ with Scalapay.
Service offered by Scalapay S.r.l., a company incorporated and existing under the laws of Italy, VAT 06891080480, Share capital €1,380.84 REA n. MI – 2606390 and whose registered office is located at 20123 Milan (MI), Via Giuseppe Mazzini 9.
Access to Scalapay payment services in three installments is reserved for Customers of legal age and residing in mainland France, Belgium, Italy and Germany.
The Customer will thus be able to purchase and receive the products ordered immediately and pay the price of their Order in 3 successive payments.
These 3 payments will take place over a period not exceeding 3 months following the Order placed in the following manner:
a) The first payment: ⅓ (one third) of the amount of the basket, at the time of the purchase made from the Seller.
b) The second due date: ⅓ (one third) of the basket amount, 1 month from the day of purchase.
c) The third and final payment: ⅓ (one third) of the amount of the basket, 2 months from the day of purchase.
When the Customer subscribes to the Scalapay three-instalment payment Services, he agrees and undertakes to pay Scalapay the amount corresponding to each due date on the date set in the special conditions which will be communicated at the time of payment.
Scalapay reserves the right to accept or refuse the Client's financing request.
The general conditions of the Scalapay platform can be found here: https://cdn.scalapay.com/terms-and-conditions/fr-FR/Scalapay%20-%20Terms_and_Conditions.pdf
The privacy policy of the Scalapay platform can be found here: https://www.scalapay.com/fr/privacy
- Payment by Gift Card:
In any case, the order is taken into account for payment which is stipulated as irrevocable, cash, net and without discount.
The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations, in the event of non-payment and in the event of doubt about the means of payment. payment from the Customer. In this case, the Customer may contact the Seller by e-mail at bonjour@monloove.com and ask to pay by bank transfer.
In addition, the Seller also reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. of administration.
9. Legal guarantees
All our Products benefit from the legal guarantees in force, namely the legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code) and the legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
When acting under the legal guarantee of conformity, the Customer has a period of two years from delivery of the Product to act.
In addition, the legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the consumer Customer may choose to cancel the sale or reduce the sale price in accordance with article 1644 of the Civil Code. The action to guarantee hidden defects must be brought by the Consumer Customer within two years from the discovery of the defect (article 1648 paragraph 1 of the Civil Code).
If the customer notices a defect, he must contact customer service at the following email address bonjour@monloove.com.
10. Retention of title
The Seller expressly reserves ownership of the Products delivered until full payment of their price.
11. Force majeure
The Seller is exempt from liability for any failure to fulfill its contractual obligations in the event of a case of force majeure as defined by national law governing these general conditions of sale and its case law, and making it impossible to execution of the obligation.
12. Acceptance of the offer and confirmation of the order
Orders addressed to the Seller only bind the latter when they have been confirmed by an order confirmation accompanied by an order summary. The Seller confirms his order to the Customer by e-mail immediately. The order confirmation is accompanied by an order summary that the Customer can print.
Certain orders must be checked by our verification department. In this case, the Customer is notified by e-mail of the supporting documents to send in order to obtain final validation of the order. The Seller reserves the right to cancel the order in the event of non-receipt of these or receipt of non-compliant documents. This is the case for orders comprising one or more Product(s) made according to the Customer's specifications or clearly personalized.
Orders paid by transfer will only be processed upon receipt of funds.
13. Complaints
Any complaint must be communicated in writing within seven days from the date of receipt of the Products. The Seller reserves the right to refuse late claims, thereby not being able to intervene with the manufacturer or an insurance company.
In the event of non-compliance of the Product or defective Product, the Customer must comply with the provisions set out in article 9 hereof.
If the Product does not suit the Customer and he wishes to make use of his right of withdrawal, the Customer must comply with the provisions set out in article 4 hereof.
14. Products
The characteristics of each Product are described on the Internet page of the Website dedicated to said Product (product sheet).
The Customer is required to consult the description sheet for each Product to find out its characteristics and possibly the conditions of maintenance and use.
The sales offers for Products appearing on the Website, governed by these general conditions of sale, are valid for any Product as long as it appears on said site.
If, exceptionally, a Product becomes unavailable, the Seller will indicate on the Website its unavailability making its purchase impossible for a Customer.
In the event of unavailability of the Product after placing the order, the Customer will be informed by e-mail or telephone by customer service using the contact details previously communicated to the Seller when placing the order. In application of articles L.216-2 and L.216-3 of the Consumer Code, the Customer will be reimbursed via the means of payment used when placing the order within fourteen days from the cancellation of the order by the Seller.
15. Applicable law and jurisdiction
The General Conditions are subject to French law. The competent court in the event of a dispute will be that of the defendant's place of residence or, at the plaintiff's choice, the place of actual delivery of the Product.
The Website complies with French legislation, and under no circumstances does the Seller provide any guarantee of compliance with the local legislation which may be applicable to you, as long as the Customer accesses the Website from other countries.
16. Special case of goods made according to the consumer's specifications or personalized
Concerning goods and objects personalized on request, or made according to the Customer's specifications, it is recalled that the provisions relating to the consumer's right of withdrawal in the event of distance selling are not applicable, and that these goods will not be taken back. nor exchanged, except in the case of the warranty for defects affecting the item sold.
The Customer's attention is drawn to the fact that these goods sold are handcrafted, therefore the similarity with the model presented or the order may not be absolute, without altering the quality of the Product.
17. Personal information
By opening a personal account, the Customer is invited to declare his acceptance for the use of his personal data by the data controller and the persons listed below. To express their agreement, the Customer must check the box provided for this purpose on the Website.
The personal information collected on the Website is necessary and mandatory for the processing and delivery of orders as well as for the preparation of invoices.
The personal data collected on the Website are used by the Seller to manage orders within the framework of the Website. They are recorded in the Seller's customer file declared to the CNIL, in accordance with the “information technology and freedoms” law of January 6, 1978 as amended.
Unless opposed by him, expressed at any time, the Customer accepts that the data will be transmitted for the sole purpose of executing orders and within the limits of the strictly necessary information:
- To people in charge of logistics, IT, administrative, marketing, sales, customer relations services, as well as their line managers as well as the services responsible for control;
- To the partners of the Company. For the purposes of paying for Product orders, banking information and data are collected by PayPlug, a payment service provider. The payment processing solution is outsourced to PayPlug. Bank card data is not stored. Information relating to the personal data of cardholders necessary to manage the order is kept for 13 months from the date of payment processing.
The data controller takes all necessary precautions to preserve the confidentiality and security of the data and, in particular, to prevent them from being distorted or damaged or from unauthorized third parties having access to them.
The Client has, at any time:
- A right of access to information concerning him, a right to have it rectified or supplemented if it is inaccurate or incomplete, equivocal, out of date, or illegal, updated, locked or erased, a right to to oppose their transmission to third parties, a right to object free of charge to their being used to send commercial solicitations and, more generally, a right to object to any form of processing such as defined in Article 4 of the General Data Protection Regulation (GDPR); rectified, completed, updated, blocked or deleted personal data concerning them, which are inaccurate or incomplete.
- The right to define guidelines relating to the conservation, erasure and communication of one's personal data after one's death, the right to modify or revoke them, the right to choose whether or not to communicate one's data to a third party that it designates under the conditions of article 85 of the “information technology and freedoms” law.
The Customer may exercise these rights in one of the following ways:
- On the Website, via his customer account, the Customer can modify his billing and delivery address, his first and last name, his telephone number and his password at any time;
- By email to bonjour@monloove.com;
The Seller reserves the right to collect data on the Customer through the use of cookies but only to record connection information to avoid the Customer having to re-enter them during their visit or during a subsequent visit to the Site Web and, therefore, to improve its navigation. The customer can configure his browser to systematically refuse cookies. However, if this is the case, certain functionalities and features of the Website may not function properly.
18. Proof, conservation and archiving of transactions
The Seller recommends that the Customer keep a paper or reliable electronic record of all data relating to their order.
Computerized records, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the Parties.
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
In addition, and in accordance with article L.213-1 of the Consumer Code, the Seller undertakes to retain and archive on all media, for 10 years, the contracts concluded between the Customer and the Seller of a value greater than or equal to €120 and to guarantee access to it by the Customer at any time.
This right of access may be exercised by contacting the following address: Bon Sens SARL 9A chemin du Jabron 26200 Montélimar France.
19. Intellectual Property
The structure of the Website and each of its elements, whether or not subject to copyright and other intellectual property rights under all applicable laws, remain the sole and exclusive property of the Seller.
Any reproduction, extraction, exhibition, modification, adaptation or use of the Website or one of its elements, in whole or in part, without consideration of the means and ends, and more generally any action not expressly authorized by the Seller, is strictly prohibited and subject to legal action.
The trademarks, trade names, service marks, logos and all other distinctive signs of the Seller which are displayed on the Website are protected by French law, Community law and any other applicable law. Any unauthorized use or reproduction is strictly prohibited.
The user who has a personal website and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the Website, must request authorization from the Seller. . In this case it will not be an implicit affiliation agreement. However, any hypertext link to the Website and using framing or inline linking techniques is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Seller. The Seller expressly excludes any liability relating to the contents of sites having created hypertext links pointing to the Website.
20. Nullity
In the event that one of the clauses of these general conditions of sale is null and void due to a change in legislation, regulations, a court decision, contravention of mandatory provisions or for any other cause, this cannot be in no way affect the validity and compliance with the remaining provisions of these general conditions of sale.
21. Liability – Use of the Website
The Seller cannot be held liable for inconveniences and damages relating to the use of the Internet network, such as in particular a break in the service, the presence of computer viruses or external intrusions and more generally any cases qualified as force majeure or acts of a third party. by the courts. Likewise, it cannot be held responsible for the content of the websites to which the hypertext links may refer from the Website. In the event of a dispute, the Customer will contact the Seller as a priority to agree on an amicable solution.