Terms and conditions of use

Terms and conditions of use

Terms and Conditions of Use

Effective as of 04/12/2022

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale ("The Products") by the Seller on the site https://loovraofficial.com. The Products offered for sale on the site are the following:

  • Perfumes
  • Face Cosmetics
  • Hair
  • Body Cosmetics
  • Hygiene
  • Makeup
  • Suncare

The main characteristics of the Products and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products are presented on the site https://loovraofficial.com, which the Client is required to acknowledge before ordering.

The choice and purchase of a Product are the sole responsibility of the Client.

The offers of Products are understood within the limits of available stock, as specified at the time of placing the order.

These GTC are accessible at any time on the site https://loovraofficial.com and will prevail over any other document.

The Client acknowledges having read these GTC and accepted them by checking the box provided for this purpose during the online ordering process on the site https://loovraofficial.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

ARTICLE 2 - PRICES

The Products are provided at the rates in effect listed on the site https://loovraofficial.com on the day of the order by the Seller.

The prices are expressed in euros, VAT not applicable, art. 293 B of the CGI.

The rates take into account any reductions that may be granted by the Seller on the site https://loovraofficial.com.

These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transport, and delivery, which are invoiced additionally, under the conditions indicated on the site and calculated prior to the placing of the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and delivered to the Client upon delivery of the ordered products.

ARTICLE 3 - ORDERS

It is the Client's responsibility to select on the site https://loovraofficial.com the products they wish to order, according to the following modalities:

Promotions and reductions are not cumulative and cannot be the subject of claims. The Seller reserves the right to cancel or modify any reductions or promotions, unless these have already been the subject of an order after full payment of this order.

The offers of products are valid as long as they are visible on the site within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site https://loovraofficial.com constitutes the formation of a contract concluded at a distance between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

The Client will be able to follow the progress of their order on the site.

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid by secure payment method, according to the following modalities:

The payment data is exchanged in encrypted mode thanks to the protocol defined by the payment provider intervening for the banking transactions carried out on the site https://loovraofficial.com.

The payments made by the Client will only be considered final after the actual receipt by the Seller of the sums due.

The Seller will not be obliged to deliver the products ordered by the Client if the latter does not pay the full price under the conditions indicated above.

ARTICLE 5 - DELIVERIES

Deliveries are made within a period of 3 to 5 working days at the address indicated by the Client when placing their order on the site.

The delivery is constituted by the transfer to the Client of the physical possession or control of the product. Unless otherwise specified or unavailability of one or more products, the ordered products will be delivered in one go.

The Seller undertakes to make every effort to deliver the products ordered by the Client within the above-mentioned deadlines.

If the ordered products have not been delivered within a period of 30 days after the indicative delivery date, for any cause other than force majeure or the fault of the Client, the sale may be terminated at the written request of the Client under the conditions provided for in articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or retention.

In the event of a special request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, based on a quote previously accepted in writing by the Client.

The Client is required to verify the condition of the delivered products. They have a period of 10 days from the delivery to make claims by registered letter, of the noted defects (article L. 224-65 of the Consumer Code) accompanied by all relevant justifications (photos in particular). After this period and in the absence of having respected these formalities, the products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense the delivered products whose defects of conformity or apparent or hidden defects have been duly proven by the Client under the conditions provided for in articles L217-4 and following of the Consumer Code and those provided for in the GTC.

The transfer of risks of loss and deterioration related to it will only be realized at the moment when the Client takes physical possession of the products. The products therefore travel at the risk and peril of the Seller, except when the Client has chosen the carrier themselves. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The provisions of this title apply to contracts relating to the sale of one or more goods, within the meaning of article 528 of the Civil Code, and to the contract under which the professional provides or undertakes to provide a service to the consumer in return for which the consumer pays or undertakes to pay the price. The contract having as its object both the transfer of ownership of a good and the provision of a service, including the provision of delivery of goods, is assimilated to a sales contract.

ARTICLE 7 - RIGHT OF WITHDRAWAL

The right of withdrawal will be established in accordance with Section 6 of the Consumer Code: Right of withdrawal applicable to contracts concluded at a distance and outside the establishment (Articles L221-18 to L221-28).

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

The Products provided by the Seller benefit from:

  • the legal guarantee of conformity, for defective, damaged, or non-compliant Products or not corresponding to the order,
  • the legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use.

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good conforming to the contract and is responsible for defects of conformity existing at the time of delivery. They are also responsible for defects of conformity resulting from the packaging, assembly instructions, or installation when this has been carried out under their responsibility by the contract."

Article L217-5 of the Consumer Code

"The good is conforming to the contract:

If it is fit for the use habitually expected of a similar good and, if applicable: if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by their representative, in particular in advertising or labeling. Or if it presents the characteristics defined by common agreement by the parties or is fit for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted."

Article L217-12 of the Consumer Code

"The action resulting from the defect of conformity is time-barred by two years from the delivery of the good."

Article 1641 of the Civil Code

"The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if they had known of them."

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."

Article L217-16 of the Consumer Code

"When the buyer requests the seller, during the course of the commercial guarantee granted to them at the time of acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."

In order to assert their rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from their discovery.

The Seller will refund, replace, or repair the Products or parts under guarantee deemed non-conforming or defective.

The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of justifications.

The refunds, replacements, or repairs of the Products deemed non-conforming or defective will be carried out as soon as possible and at the latest within the month following the Seller's finding of the defect of conformity or the hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
  • in case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Client, as in case of normal wear and tear of the Product, accident, or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or refund of the non-conforming Products or affected by a defect.

ARTICLE 9 - PERSONAL DATA

9.1 Collection of personal data

The personal data collected on the site are the following:

Order of Products:

When ordering Products by the Client:

9.2 Recipients of personal data

The personal information (email, phone, etc.) is subject to our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

9.3 Data controller

The processing of personal information (email, phone, etc.) is subject to our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

9.4 Limitation of processing

Unless the Client expressly agrees, their personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable civil liability prescription.

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Clients and users

In accordance with the applicable regulations on personal data, the Clients and users of the site https://loovraofficial.com have the following rights:

They can update or delete the data concerning them in the following way: See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

They can delete their account by writing to the email address indicated in article 9.3 "Data controller". See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller". See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in article 9.3 "Data controller". See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

They can request the deletion of their personal data, in accordance with the data protection laws, by writing to the address indicated in article 9.3 "Data controller". See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

They can also request the portability of the data held by the Seller to another provider. See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

Finally, they can object to the processing of their data by the Seller. See our privacy policy available from the link: https://loovraofficial.com/fr/content/6-politique-de-confidentialite.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by E-mail to the Data controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In case of refusal to comply with the Client's request, it must be justified.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Client may be invited to check a box under which they accept to receive informative and advertising emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the site https://loovraofficial.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GTC and the operations resulting from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in case of dispute.

ARTICLE 12 - DISPUTES

For any claim, please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.

The Client is informed that they can in any case resort to conventional mediation, with the existing sectoral mediation instances or to any alternative mode of dispute resolution (conciliation, for example) in case of dispute.

The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.

All disputes to which the purchase and sale transactions concluded in application of these GTC have not led to an amicable settlement between the seller or by mediation, will be submitted to the competent courts in accordance with the rules of common law.

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