Preamble
These general terms and conditions of sale apply to all sales of products (“Products”) entered into by Bon Sens, a société à responsabilité limitée with share capital of €20,000, whose registered office is at 6 rue d'Armaillé 75017 Paris, registered with the Paris Trade and Companies Register (France) under number 898 289 871, whose VAT identification number is FR 08 898 289 871 (“Seller”), with consumers and professionals within the meaning of the preliminary article of the French Consumer Code (“Customer”) on its website monloove.com (“Website”).
1. General provisions
These general terms and conditions of sale are intended to define the rights and obligations of the Seller and the Customer arising from the sale of Products offered on the Website.
They shall remain in force as long as they remain accessible on the Website. They may be amended at any time at the Seller’s initiative.
The amendment shall take effect only for orders placed after the date on which the amendment is published online, unless the amendment results from an obligation imposed by a mandatory law immediately applicable in France.
The Customer is informed that these general terms and conditions may evolve and therefore be amended. The Customer is therefore invited to print them if they wish to keep them. They acknowledge having been informed of the possibility of saving and/or printing these general terms and conditions of sale from the Website.
The Customer declares that they have read and accepted these general terms and conditions of sale by confirming their order and checking the box provided for this purpose on the Website.
Any confirmation of an order implies the Customer’s full and unreserved acceptance of these general terms and conditions of sale.
For any information or inquiries, the Customer may contact the Seller:
- By email: bonjour@monloove.com
- By post at the following address: 6 rue d'Armaillé 75017 Paris
2. Order
2.1 Placing an order
The Customer orders the various Product(s) of their choice by clicking “Add to cart.”
Once the Product has been added, the Customer may either continue shopping, check their orders by clicking “View my cart,” or confirm the order by clicking “Order.”
At any time, the Customer may:
- Check the Products in the cart: their quantity, price, and detailed information about each of them by clicking the “cart” icon,
- Modify or cancel the order for one or more Products on the cart summary page,
- Continue selecting Products by clicking the menu tabs at the top of the screen,
- Confirm the order by clicking “Order” on the “My cart” page.
The Customer must ensure that their order and the other information they have provided are correct and undertake to update them promptly in the event of any change.
2.2 Customer Identification
The order can only be validated on the Website if the Customer has a personal account.
If the Customer does not already have an account, they must accurately complete the fields marked with an asterisk as mandatory in order to create their personal account. They must provide the information necessary for their identification, including a valid email address and a password of their choice (which will be personal and confidential) that will subsequently be used to identify them on the Website.
The Customer must also provide their first and last name in order to create their customer account.
Any Customer who already has a customer account must identify themselves after clicking “Validate my shopping cart” by entering their email address and password.
The Customer agrees that entering these two credentials constitutes proof of their identity.
The Customer is responsible for choosing and retaining their login credentials and must ensure their confidentiality. The Seller may under no circumstances be held liable for any misuse of login credentials or third-party access to the Customer’s account.
Providing the personal information collected as part of the distance sale is mandatory, as this information is necessary to process and deliver orders and issue invoices. This information is strictly confidential.
2.3 Order Completion
At this stage, the Customer will access a page on the Website detailing the offer and the Customer’s billing address, which may be amended if necessary. The Customer confirms the billing address to which they wish the Products to be delivered by clicking “Continue to shipping”.
The Customer will access a page listing the Products in the shopping cart and allowing them to confirm the address and choose the delivery method.
By clicking “Continue to payment”, the Customer will then access a page allowing them to choose their payment method in accordance with Article 3 of these general terms and conditions of sale.
Acceptance and confirmation of the order are established by the Customer entering data on successive screens; this data appears on a summary screen containing an explicit statement of the Customer’s firm commitment before access to the payment platform. The order confirmation procedure carried out by the Customer constitutes the electronic signature of these general terms and conditions of sale.
2.4 Order Acknowledgement
Upon completion of payment, the Customer is directed to a summary page setting out all the elements comprising the order.
A summary document of the order is also sent to the Customer by email at the email address provided by the Customer, and no later than before delivery.
2.5 Order tracking
To track the current order, the Customer may log in to their personal account by going to the “My Account” / “Dashboard” / “Order History” section.
These general terms and conditions of sale are deemed accepted by the Customer when the order is confirmed and apply for the period necessary to supply the Products and until the guarantees provided herein expire.
3. Delivery terms
The delivery times are indicated in the “Delivery and Returns” tab on each product page on the Website before the order is placed. Where applicable, production times are indicated in the “Delivery and Returns” tab on each product page on the Website before the order is placed. The Seller reserves the right to choose the shipping method for the Product(s).
The geographical delivery area corresponds to the area covered by the offer. The delivery terms in force on the date the order is placed are indicated in the “Delivery and Returns” tab on each product page on the Website.
In the event of failure to meet the delivery deadlines, the Customer may cancel the order by registered letter with acknowledgment of receipt or by written notice sent to the Seller using the contact details specified in Article 1 hereof, if, after having instructed the Seller, using the same method, to make the delivery within a reasonable additional period, the Seller has failed to do so within the specified period. The Customer may immediately cancel the order if the Seller refuses to deliver the Product or fails to meet the delivery deadlines when those deadlines constitute an essential condition for the Customer.
The order shall be deemed cancelled upon receipt by the Seller of the letter or written notice informing them of such cancellation, unless the Seller has fulfilled the order in the meantime.
If the order has been shipped but the Customer refuses the order upon delivery or fails to collect it from a pickup point, the corresponding return costs shall be borne by the Customer in accordance with the terms set out in Article 4.2.
In any event, all amounts paid by the Customer will be refunded 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 statutory 14-day cooling-off period to exercise their right of withdrawal without having to give reasons or pay penalties, except for return costs. Return costs are free for certain products, as indicated in the Return section of the “Delivery and Returns” tab on the corresponding product page on the Website.
When the order is placed, the Seller covers a significant portion of the delivery costs. The delivery costs payable by the Customer represent only a contribution corresponding to a fraction of the actual delivery costs. The delivery costs do not reflect the amount that would be payable by the Customer in the event of a return.
The fourteen-day withdrawal period begins on the day after the Customer, or a third party other than the carrier and designated by the Customer, receives the Product or the last Product in the case of an order for a Product consisting of multiple parts delivered in stages over a specified period.
The statutory right of withdrawal is exercised in accordance with the procedures set out in Article 4.3 hereof.
4.2 Procedure for exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must first, within the time limits stipulated in Article 4.1 hereof, notify their decision by submitting a request to return the Product(s), stating their order number and the reference number(s) of the Product(s) concerned, by email to the following address: bonjour@monloove.com.
The Seller will send the Customer an acknowledgment of receipt of the withdrawal or notification of the return of the Product(s) by email.
This email contains:
- The procedure for returning or withdrawing the Product(s),
- Where 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 Product(s) registered
- Where applicable, a return form attached to the email, to be printed and enclosed with the return.
The Customer must return the Product(s), at their own expense, in perfect condition, within a maximum of fourteen days from the date on which the withdrawal or return request was submitted to customer service. Return shipping is free for certain products, as indicated in the Return section under the “Delivery and Return” tab of the corresponding product page on the Website.
If the Customer wishes to return their entire order, they will be credited with the amount shown on the order confirmation. If they return only some of the Products ordered, they will be credited with the amount corresponding to the returned Product(s).
The refund will be made no later than fourteen days from the date on which the Seller receives the returned Product(s) covered by the return or withdrawal request.
The refund will be made using the same payment method 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 their original packaging and with all their accessories.
Any Product returned damaged and/or outside its original packaging and/or without all 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 French 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 (for example: underwear bottoms, earrings...); or
- If they are liable to deteriorate or expire (for example: cosmetics, food products...), or
- If they are made according to the Customer’s specifications or are clearly personalized.
In any event, Products for which the legal right of withdrawal is excluded will be indicated before the order is placed in the “Delivery and Returns” tab of the corresponding product page on the Website.
6. Prices
The prices charged when the order is placed are those in effect in the current catalogue available on the Website on that date. The Customer is invited to consult the “Spread the LOOVE” section, available on the Website and listing current promotions and offers relating to the proposed catalogue.
All prices are indicated in Euros and do not include delivery costs. For deliveries within the European Union, prices include all taxes.
For sales for export outside the European Union, prices are understood to be FOB (Free On Board, meaning excluding transport costs and other related fees and taxes, and excluding insurance costs for the Products) from the country of shipment indicated in the “Delivery and Returns” tab of the corresponding product sheet(s). Where applicable, the Customer shall be responsible for customs clearance, payment of customs and tax duties, value-added or sales taxes, and any charges required to take possession of the Products and enjoy their use.
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 delivery area and the delivery method.
In the event of an order for Bulky Products or Oversized Products, specific delivery costs may apply depending on the delivery area and the delivery method chosen by the Customer. These specific delivery costs are specified during the ordering process.
In any event, the applicable delivery costs on the date the order is placed are indicated in the order summary.
8. Payment method
To pay for the order, the Customer may choose from the following payment methods:
- Payment by bank 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 fully secure PayPlug payment page 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 expiry date,
are fully encrypted and protected using a TLS ("Transport Layer Security") protocol to prevent the exchanged information from being intercepted in plain text by a third party during the transaction.
Card numbers are encrypted instantly and are not accessible to the Seller. In addition, PayPlug does not retain card numbers and relies on a secure infrastructure that complies with the international PCI-DSS standard.
In accordance with the Law of 13 March 2000 on electronic signatures, the online transmission of the card number and final order validation constitute proof of the entire order and of the amounts due in settlement of this order.
- Payment in 3 interest-free, fee-free installments by bank card (Visa, MasterCard, American Express) for purchases from €200 up to €2,000 with Scalapay.
Service provided by Scalapay S.r.l., a company incorporated and existing under the laws of Italy, VAT number 06891080480, share capital €1,380.84, REA no. MI – 2606390, with its registered office at 20123 Milan (MI), Via Giuseppe Mazzini 9.
Access to Scalapay's three-installment payment services is reserved for adult Customers residing in Metropolitan France, Belgium, Italy, and Germany.
The Customer can therefore purchase and receive the ordered products immediately and pay for the price of their Order in 3 successive installments.
These 3 payments will be made over a period not exceeding 3 months following the Order, as follows:
a) The first installment: ⅓ (one third) of the basket amount, at the time of purchase from the Seller.
b) The second installment: ⅓ (one third) of the basket amount, 1 month from the date of purchase.
c) The third and final installment: ⅓ (one third) of the basket amount, 2 months from the date of purchase.
When the Customer subscribes to Scalapay's three-installment payment services, they agree and undertake to pay Scalapay the amount corresponding to each installment on the date specified in the specific terms communicated at the time of payment.
Scalapay reserves the right to accept or reject the Customer's financing application.
The general terms and 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:
The Gift Card can be used for purchases on our Website. The Card can be used down to the nearest cent, during its period of validity, in one or more transactions.
In any event, the order is deemed accepted upon payment, which is stipulated to be irrevocable, payable in full, net and without discount.
The Seller reserves the right to suspend any order processing and delivery in the event that payment authorization by bank card is refused by officially accredited institutions, in the event of non-payment, or in the event of doubt regarding the Customer's payment method. In this case, the Customer may contact the Seller by email at bonjour@monloove.com and request to pay by bank transfer.
Furthermore, the Seller also reserves the right to refuse to make a delivery or honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being handled.
9. Statutory warranties
All our Products benefit from the statutory warranties in force, namely the statutory warranty of conformity (Articles L. 217-4 et seq. of the Consumer Code) and the statutory warranty against hidden defects (Articles 1641 et seq. of the Civil Code).
When acting under the statutory warranty of conformity, the Customer has two years from delivery of the Product to bring a claim.
Furthermore, the statutory warranty of conformity applies independently of any commercial warranty that may be provided.
The Customer may choose to invoke the warranty 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 rescind the sale or obtain a reduction in the sale price in accordance with Article 1644 of the Civil Code. The action under the warranty for hidden defects must be brought by the consumer Customer within two years of discovering the defect (Article 1648, paragraph 1, of the Civil Code).
If the customer notices a defect, they must contact customer service at the following email address bonjour@monloove.com.
10. Retention of title
The Seller expressly reserves ownership of the delivered Products until their price has been paid in full.
11. Force majeure
The Seller shall be exempt from liability for any failure to fulfill its contractual obligations in the event of force majeure as defined by the national law governing these general terms and conditions of sale and its case law, making it impossible to perform the obligation.
12. Acceptance of the offer and order confirmation
Orders sent to the Seller shall bind the Seller only once they have been confirmed by an order confirmation accompanied by an order summary. The Seller will immediately confirm the Customer’s order by email. The order confirmation is accompanied by an order summary that the Customer may print.
Certain orders must be reviewed by our verification department. In this case, the Customer will be notified by email of the supporting documents to be sent in order to obtain final approval of the order. The Seller reserves the right to cancel the order if these documents are not received or if non-compliant documents are received. This applies to orders involving one or more Product(s) made according to the Customer’s specifications or clearly personalized.
Orders paid by bank transfer will be processed only upon receipt of the funds.
13. Complaints
Any complaint must be submitted in writing within seven days of the date of receipt of the Products. The Seller reserves the right to reject late complaints, as they prevent the Seller from taking action with the manufacturer or an insurance company.
In the event of non-conformity or a defective Product, the Customer must comply with the provisions set out in Article 9 hereof.
If the Product is not suitable for the Customer and the Customer wishes to exercise the 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 Website’s internet page dedicated to that Product (product sheet).
The Customer must consult the descriptive sheet for each Product to learn about its characteristics and, where applicable, its care and use conditions.
The offers to sell the Products appearing on the Website and governed by these general terms and conditions of sale are valid for each Product as long as it appears on the said website.
If, exceptionally, a Product becomes unavailable, the Seller will indicate its unavailability on the Website, making its purchase by a Customer impossible.
If a Product is unavailable after the order has been placed, the Customer will be informed by email or telephone by the customer service department using the contact details previously provided by the Customer to the Seller when placing the order. Pursuant to Articles L.216-2 and L.216-3 of the French Consumer Code, the Customer will be refunded via the payment method used when placing the order within fourteen days of the Seller’s cancellation of the order.
15. Applicable Law and Jurisdiction
The General Terms and Conditions are subject to French law. In the event of a dispute, the competent court shall be that of the defendant’s place of residence or, at the claimant’s option, that of the place where the Product was effectively delivered.
The Website complies with French legislation, and under no circumstances does the Seller guarantee compliance with the local legislation applicable to you if the Customer accesses the Website from other countries.
16. Special case of goods manufactured according to the consumer's specifications or personalized
With regard to goods and personalized items made to order or manufactured 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 do not apply, and that these goods will neither be accepted for return nor exchanged, except where the warranty for defects affecting the goods sold is invoked.
The Customer's attention is drawn to the fact that these goods are artisanally manufactured; therefore, the similarity to the model presented or ordered may not be absolute, without affecting the quality of the Product.
17. Personal information
When opening a personal account, the Customer is invited to declare their acceptance of the use of their 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 processing and delivering orders and for issuing invoices.
The personal data collected on the Website are used by the Seller to manage orders on the Website. They are recorded in the Seller's customer file declared to the CNIL, in accordance with the amended French Data Protection Act of January 6, 1978.
Unless the Customer objects at any time, the Customer agrees that the data may be transmitted solely for the purpose of executing orders and within the limits of the information strictly necessary:
- To the persons responsible for logistics, IT, administrative, marketing, sales, and customer relations services, as well as their line managers and the departments responsible for oversight;
- To the Company's partners. For the purposes of payment for Product orders, banking information and data are collected by PayPlug, a payment service provider. Payment processing is subcontracted to PayPlug. Bank card data is not retained. Information relating to the personal data of cardholders required to manage the order is retained for 13 months from the date the payment is processed.
The data controller takes all appropriate precautions to preserve the confidentiality and security of the data and, in particular, to prevent it from being altered or damaged or accessed by unauthorized third parties.
The Customer has, at any time:
- The right to access information concerning them, the right to have it rectified or completed if it is inaccurate, incomplete, ambiguous, outdated, or unlawful, and the right to have it updated, locked, or deleted; the right to object to its transmission to third parties; the right to object, free of charge, to its use for sending them commercial solicitations; and, more generally, the right to object to any form of processing as defined in Article 4 of the General Data Protection Regulation (GDPR); to have their personal data that is inaccurate or incomplete rectified, completed, updated, locked, or deleted.
- The right to define directives concerning the retention, deletion, and communication of their personal data after their death, the right to modify or revoke them, and the right to choose whether or not to communicate their data to a third party designated by them under the conditions of Article 85 of the “Information Technology and Freedoms” Act.
The Customer may exercise these rights in one of the following ways:
- On the Website, via their customer account, the Customer may modify their billing and delivery address, first and last name, telephone number, and password at any time;
- By email to bonjour@monloove.com;
The Seller reserves the right to collect data about the Customer through the use of cookies, but only to record login information in order to avoid requiring the Customer to enter it again during their visit or during a subsequent visit to the Website and, consequently, to improve their browsing experience. The Customer may configure their browser to systematically refuse cookies. However, if this is the case, certain functions and features of the Website may not work properly.
18. Proof, retention, 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, stored in the Seller’s computer systems under reasonable security conditions, shall be considered evidence of communications, orders, and payments made between the Parties.
Invoices are archived on a reliable and durable medium in a manner that ensures they constitute a faithful and durable copy.
Furthermore, and in accordance with Article L.213-1 of the French Consumer Code, the Seller undertakes to retain and archive, on all media, for 10 years, contracts concluded between the Customer and the Seller with a value greater than or equal to €120, and to guarantee the Customer access to them at any time.
This right of access may be exercised by contacting the following address: Bon Sens SARL 6 rue d'Armaillé 75017 Paris 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, display, modification, adaptation, or use of the Website or any of its elements, in whole or in part, regardless of the means or purpose, and more generally any action not expressly authorized by the Seller, is strictly prohibited and may result in legal proceedings.
The Seller's trademarks, trade names, service marks, logos, and all other distinctive signs displayed on the Website are protected by French law, European Union law, and any other applicable law. Any unauthorized use or reproduction is strictly prohibited.
A user who has a personal website and wishes to place a simple link on their website, for personal use, leading directly to the Website's home page must obtain the Seller's authorization. This shall not constitute an implicit affiliation agreement. However, any hyperlink leading to the Website and using framing or inline linking techniques is strictly prohibited. In all cases, any link, even if tacitly authorized, must be removed upon the Seller's simple request. The Seller expressly excludes any liability relating to the content of websites that have created hyperlinks pointing to the Website.
20. Nullity
If any clause of these general terms and conditions of sale is declared null and void due to a change in legislation or regulations, a court decision, a breach of mandatory provisions, or any other cause, this shall in no way affect the validity or compliance with the remaining provisions of these general terms and conditions of sale.
21. Liability - Use of the Website
The Seller shall not be held liable for inconveniences and damage related to the use of the Internet, including in particular service interruptions, the presence of computer viruses or external intrusions, and, more generally, any circumstances classified by the courts as force majeure or the act of a third party. Likewise, the Seller shall not be held liable for the content of websites to which hyperlinks may lead from the Website. In the event of a dispute, the Customer shall first contact the Seller in order to agree on an amicable solution.