Terms of Sales

Preamble

These general terms and conditions of sale apply to all sales of products ("Products") concluded by the company Bon Sens, SARL with a capital of €20,000, having its registered office at 6 rue d'Armaillé 75017 Paris, registered with the Paris Trade and Companies Register (France) under number 898 289 871, with 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

These general terms and conditions of sale aim to define the rights and obligations of the Seller and the Customer resulting from the sale of 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 posted online, unless this modification results from an obligation imposed by a mandatory law immediately applicable in French territory.

The Customer is informed that these general terms and conditions may evolve and thus be modified. The Customer is therefore invited to print them if they wish to keep them. They acknowledge having been informed of the possibility to save and/or print these general terms and conditions of sale from the Website.

The Customer declares having read these general terms and conditions of sale and accepted them by confirming their order by checking the box provided for this purpose on the Website.

Any order confirmation implies the Customer's full and unconditional acceptance of these general terms and conditions of sale.

For any information and inquiries, the Customer can contact the Seller:

By email: bonjour@monloove.com
By postal mail to the following address: 6 rue d'Armaillé 75017 Paris

2. Order

2.1 Placing an order

The Customer orders the different Product(s) of their choice by clicking on "Add to cart".

Once the Product is added, the Customer can either continue shopping, check their orders by clicking on "View my cart", or confirm the order by clicking on "Order".

At any time, the Customer may:

Check the Products in the cart: their quantity, amount, and detailed information on each by clicking on the "cart" icon,
Modify or cancel the order of one or more Products on the cart summary page,
Continue selecting Products by clicking on the menu tabs at the top of the screen,
Validate the order by clicking on "Order" on the "My cart" page.

The Client must ensure that their order and other data they have provided are correct and commits to updating them promptly in case of changes.

2.2 Client Identification

The order can only be validated on the Website if the Client holds a personal account.

If they do not already have an account, the Client must accurately fill in the fields marked with an asterisk as mandatory 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 later be used to identify themselves on the Website.

The Client must also provide their last name and first name in order to create their customer account.

Any Client already holding a customer account must identify themselves after clicking on "Validate my cart" by entering their email address and password.

The Client agrees that entering these two identifiers constitutes proof of their identity.

The Client is responsible for choosing and keeping their login credentials and must ensure their confidentiality. The Seller cannot be held responsible in any way for possible identity theft and connections to the Client's account by third parties.

Providing the personal information collected in the context of distance selling is mandatory, as this information is necessary for processing and delivering orders as well as for issuing invoices. This information is strictly confidential.

2.3 Finalization of the order

At this stage, the Client will access a page on the Website detailing the offer as well as the Client's billing address, which can be modified if necessary. The Client validates the billing address to which they wish the Products to be delivered by clicking on "Continue to shipping".

The Client will access a page listing the Products in the cart and allowing confirmation of the address and choice of delivery method.

By clicking on "Continue to payment", the Client will then access a page allowing them to choose their payment method under the conditions of article 3 of these general terms and conditions of sale.

Acceptance and confirmation of the order are established by the Client entering data on successive screen pages; this data appears on a summary screen containing an explicit mention of the Client's firm commitment before accessing the payment platform. The order confirmation procedure carried out by the Client constitutes the electronic signature of these general terms and conditions of sale.

2.4 Order acknowledgment

At the end of the payment, the Customer is directed to a summary page synthesizing all the elements constituting the order.

A summary document of the order is also sent to the Customer by email to the email address provided by them and at the latest before delivery.

2.5 Order tracking

To track the current order, the Customer can log into 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 at the time of order validation and apply for the duration necessary for the supply of the Products and until the expiration of the warranties provided herein.

3. Delivery terms

Delivery times are indicated in the "Delivery and Returns" tab on each product page on the Website prior to placing the order. If applicable, manufacturing times are indicated in the "Delivery and Returns" tab on each product page on the Website prior to placing the order. The Seller reserves the right to choose the mode of shipment of the Product(s).

The delivery geographic 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 page on the Website.

In case of non-compliance with delivery deadlines, the Customer may cancel their order by registered letter with acknowledgment of receipt or by a written notice sent to the Seller via the contact details mentioned in article 1 of these terms, if, after having requested, under the same conditions, the Seller to deliver within a reasonable additional period, the Seller has not fulfilled the delivery within the allotted time. The Customer may immediately cancel the order if the Seller refuses to deliver the Product or if the delivery deadlines are not met when these deadlines constitute an essential condition for the Customer.

The order is considered canceled upon receipt by the Seller of the letter or written notice informing of this cancellation, unless the Seller has already fulfilled the order in the meantime.

If the order has been shipped but the Customer refuses the order upon delivery or does not pick it up at the pickup point, the corresponding return costs are the responsibility of the Customer according to the terms mentioned in article 4.2.

In any case, the refund of all amounts 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 their right of withdrawal without having to justify reasons or pay penalties, except for return shipping costs. Return shipping costs are free for certain products, as indicated in the Return section under the "Delivery and Return" tab of the corresponding product page on the Website.

At the time of the order, the Seller covers a significant part of the delivery costs. The delivery fees charged to the Customer represent only a contribution corresponding to a fraction of the actual delivery costs. Delivery fees do not reflect the amount that would be charged to the customer in case of return.

The fourteen-day withdrawal period starts from the day after the receipt of the Product or the last Product in the case of an order of a Product composed of multiple parts whose delivery is staggered over a defined period, by the Customer or by a third party other than the carrier and designated by them.

The legal right of withdrawal is exercised according to the procedures provided in article 4.3 of these terms.

4.2 Procedures for exercising the right of withdrawal

To exercise their right of withdrawal, the Customer must first notify their decision within the deadlines stipulated in article 4.1 of these terms by registering a return request for the Product(s) with their order number and the reference of the concerned Product(s) by e-mail at the following address: bonjour@monloove.com.

The Seller will send the Customer an acknowledgment of receipt of the withdrawal or return information of the Product(s) by e-mail.

This e-mail includes:

The procedure for the return or withdrawal of 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 e-mail, to be printed and included 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 of sending the withdrawal or return declaration to customer service. Return shipping costs are 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 the entire order, they will be credited the amount indicated on the order confirmation. If they return part of the ordered Products, they will be credited the amount corresponding to the returned Product(s).

The refund will be made no later than fourteen days from the day the Seller receives the return of the Product(s) subject to the return or withdrawal request.

Refund will be made by the same payment method used by the Customer to pay for the 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 cannot be refunded.

5. Exclusion of the right of withdrawal

In accordance with Article L. 221-28 of the Consumer Code, and except by express agreement between the Parties, the right of withdrawal does not apply notably to certain Products:

For hygiene or health protection reasons (e.g., underwear stockings, earrings...); or
If they are likely to deteriorate or expire (e.g., cosmetics, food products...), or
If they are made according to the Customer's specifications or clearly personalized.

In any case, Products for which the legal right of withdrawal is excluded will be indicated prior to order placement in the "Delivery and Return" tab of the corresponding product sheet on the Website.

6. Prices

The prices charged at the time of order are those in effect in the current valid catalog available on the Website at that date. The Customer is invited to consult the "Spread the LOOVE" section, available on the Website, listing current promotions and offers compared to the proposed catalog.

All prices are indicated in Euros and do not include delivery charges. For deliveries within the European Union, prices are indicated including all taxes.

Regarding exports outside the European Union, prices are understood 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 Return" tab of the corresponding product sheet(s). The Customer is responsible, if applicable, for customs clearance, payment of customs and tax duties, value-added or sales taxes, and levies allowing them to receive and enjoy the Products.

7. Delivery charges

Delivery charges are specified during the order placement process on the Website in addition to the price. They are indicated based on the geographical delivery area and the delivery method.

In case of ordering bulky Products or large Products, specific delivery charges may apply depending on the geographical delivery area and the delivery method chosen by the Customer. These specific delivery charges are specified during the order placement process.

In any case, the applicable delivery fees on the day the order is placed are indicated in the order summary.

8. Payment method

To pay for the order, the Client has the following payment methods to choose from:

Payment by bank card (CB, Visa, Mastercard):

PayPlug is the partner providing us with the secure payment gateway for your purchases. When making your payment, you are redirected to a fully secure PayPlug payment page thanks to the HTTPS protocol. The payment process is therefore carried out directly on the secure PayPlug server.

Sensitive data, such as the Client's bank card number and its expiration date,

are fully encrypted and protected thanks to a TLS ("Transport Layer Security") protocol to prevent exchanged information from being intercepted in clear text by a third party during the transaction.

Card numbers are instantly encrypted and the Seller does not have access to them. Furthermore, 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 serve as proof of the completeness of the order and the enforceability of the amounts due for payment of this order.

Payment in 3 installments without interest or fees, by bank card (Visa, MasterCard, American Express) from €200 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 no. MI – 2606390, with its registered office located at 20123 Milan (MI), Via Giuseppe Mazzini 9.
Access to Scalapay's three-installment payment Services is reserved for adult Clients residing in Metropolitan France, Belgium, Italy, and Germany.
The Client can thus buy and receive the ordered products immediately and pay the price of their Order in 3 successive installments.
These 3 payments will occur over a period not exceeding 3 months following the placed Order as follows:
a) The first installment: ⅓ (one third) of the cart amount, at the time of purchase made with the Seller.
b) The second installment: ⅓ (one third) of the cart amount, 1 month from the day of purchase.
c) The third and final installment: ⅓ (one third) of the cart amount, 2 months from the day of purchase.

When the Client subscribes to Scalapay's three-installment payment Services, they consent and commit to paying Scalapay the amount corresponding to each installment on the date set out in the specific conditions communicated at the time of payment.
Scalapay reserves the right to accept or refuse the Client's financing request.

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 your purchases on our Website. The Card can be used down to the cent, during its validity period, in one or multiple times.

In any case, the order is considered accepted upon payment, which is stipulated as irrevocable, immediate, net, and without discount.

The Seller reserves the right to suspend any order processing and delivery in case of refusal of payment authorization by credit card from officially accredited organizations, in case of non-payment, and in case of doubt about 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.

Moreover, 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 a previous order or with whom a payment dispute is currently being processed.

9. Legal warranties

All our Products benefit from the legal warranties in force, namely the legal warranty of conformity (Articles L. 217-4 and following of the Consumer Code) and the legal warranty against hidden defects (Articles 1641 and following of the Civil Code).

When acting under the legal warranty of conformity, the Customer benefits from a two-year period from the delivery of the Product to take action.

Furthermore, the legal warranty of conformity applies independently of any commercial warranty that may be granted.

The Customer may decide to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code. In this case, the consumer Customer may choose to rescind the sale or request a reduction in the sale price in accordance with Article 1644 of the Civil Code. The action for warranty against 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, 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 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 force majeure as defined by the national law governing these general terms and conditions of sale and its case law, making the performance of the obligation impossible.

12. Acceptance of the offer and order confirmation

Orders addressed to the Seller bind the latter only when they have been confirmed by an order confirmation accompanied by an order summary. The Seller immediately confirms the Customer's order by email. The order confirmation is accompanied by an order summary that the Customer can print.

Certain orders must be subject to verification by our verification service. In this case, the Customer is notified by email of the supporting documents to be sent in order to obtain final validation of the order. The Seller reserves the right to cancel the order in case of non-receipt of these documents or receipt of non-compliant documents. This applies to orders containing one or more Product(s) made according to the Customer's specifications or clearly personalized.

Orders paid by bank transfer will only be processed upon receipt of funds.

13. Claims

Any claim 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, which do not allow intervention with the manufacturer or an insurance company.

In case of non-conformity of the Product or defective Product, the Customer must comply with the provisions set out in article 9 of these terms.

If the Product does not suit the Customer and they wish to exercise their right of withdrawal, the Customer must comply with the provisions set out in article 4 of these terms.

14. Products

The characteristics of each Product are described on the dedicated internet page of the Website for said Product (product sheet).

The Customer is required to consult the descriptive sheet of each Product to know its characteristics and possibly the maintenance and usage conditions.

The offers for sale of Products listed on the Website governed by these general terms and 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 its unavailability on the Website, making its purchase impossible for a Customer.

In the event of a Product being unavailable after the order has been placed, the Customer will be informed by email or phone by the customer service using the contact details previously provided to the Seller at the time of order placement. In accordance with articles L.216-2 and L.216-3 of the Consumer Code, the Customer will be refunded via the payment method used at the time of order placement within fourteen days from the cancellation of the order by the Seller.

15. Applicable Law and Jurisdiction

The General Terms and Conditions are subject to French law. The competent court in case of 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 guarantee compliance with the local legislation applicable to you, as soon as the Client accesses the Website from other countries.

16. Special case of goods made according to the consumer's specifications or personalized

Regarding goods and objects personalized on request, or made according to the Client's specifications, it is reminded that the provisions relating to the consumer's right of withdrawal in the case of distance selling do not apply, and that these goods will neither be taken back nor exchanged, except in the case of invoking the warranty for defects affecting the sold item.

The Client's attention is drawn to the fact that these goods sold are handcrafted, therefore the similarity with the presented model or the order may not be absolute, without affecting the quality of the Product.

17. Personal Information

By opening a personal account, the Client is invited to declare their acceptance for the use of their personal data by the data controller and the persons listed below. To express their agreement, the Client 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 as well as for issuing invoices.

Personal data collected on the Website is used by the Seller for order management within the framework of the Website. They are recorded in the Seller's customer file declared to the CNIL, in accordance with the "Informatics and Liberties" law of January 6, 1978, as amended.

Unless opposed by the Client, expressed at any time, the Client agrees that the data be transmitted solely for the purpose of order execution and within the limits of strictly necessary information:

To persons in charge of logistics, IT, administrative, marketing, sales, customer relations services, as well as their hierarchical supervisors and the services responsible for control;
To the Company's partners. For the purpose of payment for Product orders, banking information and data are collected by PayPlug, a payment service provider. The payment processing solution is subcontracted to PayPlug. Credit card data is not stored. Information related to the personal data of cardholders necessary for order management is kept for 13 months from the date of payment processing.

The data controller takes all useful precautions to preserve the confidentiality, data security, and, in particular, to prevent them from being distorted or damaged or accessed by unauthorized third parties.

The Client has, at any time:

The right to access information concerning them, the right to have it rectified or completed if it is inaccurate or incomplete, ambiguous, outdated, or unlawful, updated, locked, or erased, the right to object to its transmission to third parties, the right to object free of charge to its use for sending 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); rectified, completed, updated, locked, or erased personal data concerning them that is inaccurate or incomplete.
The right to set directives regarding the retention, deletion, and communication of their personal data after their death, the right to modify or revoke them, the right to choose whether or not to communicate their data to a third party they designate under the conditions of Article 85 of the 'Informatics and Liberties' law.

The Client can exercise these rights according to one of the following methods:

On the Website, via their client account, the Client can modify at any time their billing and delivery address, their first and last name, their phone number, and their password;
By email at bonjour@monloove.com;

The Seller reserves the right to collect data on the Client through the use of cookies but only to record login information to prevent the Client from having to enter it again during their visit or a subsequent visit to the Website and, consequently, to improve their navigation. The Client can configure their browser to systematically refuse cookies. However, if this is the case, some features and functionalities of the Website may not work properly.

18. Proof, retention, and archiving of transactions

The Seller recommends that the Client keep a paper or reliable electronic record of all data related to their order.

Computerized records, kept in the Seller's computer systems under reasonable security conditions, will be considered as evidence 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 lasting copy.

Furthermore, and in accordance with Article L.213-1 of the Consumer Code, the Seller undertakes to keep and archive on all media, for 10 years, contracts concluded between the Client and the Seller with a value greater than or equal to €120 and to guarantee access to them by the Client at any time.

The exercise of this right of access may be carried out 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 and purposes, 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 displayed on the Website are protected by French law, community 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, for personal use, a simple link directly referring to the homepage of the Website must obligatorily request authorization from the Seller. This will not constitute an implicit affiliation agreement. However, any hyperlink referring 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 all liability related to the content of sites that have created hyperlinks pointing to the Website.

20. Nullity

In the event that one of the clauses of these general terms and conditions of sale is null and void due to a change in legislation, regulation, a court decision, violation of mandatory provisions, or for any other reason, this shall in no way affect the validity and compliance of the remaining provisions of these general terms and conditions of sale.

21. Liability – Use of the Website

The Seller's liability cannot be engaged for inconveniences and damages related to the use of the Internet network such as service interruptions, the presence of computer viruses or external intrusions, and more generally all cases qualified as force majeure or third-party acts by the courts. Likewise, its liability cannot be held due to the content of websites to which hyperlinks may refer from the Website. In case of dispute, the Client will primarily contact the Seller to agree on an amicable solution.