Terms and Conditions

1. PREAMBLE

 

These general conditions of sale (hereinafter " Terms of sales ") govern the relationship between, on the one hand, LOUVINI, a single-person simplified joint-stock company with capital of €1, registered with the RCS of Nanterre under number 000 850 834, publisher of the site www.louvini.com, whose registered office is located at 39 Avenue Henri Bergson, 92380 Garches (France), identified with the intra-community VAT number FR00850834235 (hereinafter " LOUVINI ") and, on the other hand, a non-professional buyer wishing to acquire the products sold (hereinafter " Products ") by LOUVINI through the website (hereinafter " Website ") of the company LOUVINI  https://www.louvini.com (hereinafter " service "). LOUVINI's contact details are +33 (0) 6 70 02 62 61 and hello@louvini.com. 

 

The Customer is understood as an adult natural person or having at least the legal capacity to contract, and who places an order on the Site for non-professional purposes.

 

LOUVINI reserves the right to cancel and refund all orders placed by a professional, if the latter has not placed his order via the dedicated website. www.louvini-pro.com.

 

For the purposes hereof, it is agreed that the Customer and LOUVINI will be collectively referred to as the " Parties » and individually referred to as « Part ».


2. GENERAL PROVISIONS

 

The Site was designed by LOUVINI, which is the owner and holder of all the rights relating thereto. Except with the prior written consent of LOUVINI, it is prohibited to copy or download all or part of the Site or its content.

 

The Products offered for sale presented in the catalog published on the Site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. 

 

The validation of the order by the Customer implies acceptance without restriction or reservation by the Customer of the GCS. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

 

The Customer declares to have read the GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. The applicable GCS will be those in force on the date the order is placed by the Customer.

 

The GCS are concluded for the duration necessary for the supply of the Products. For orders outside Metropolitan France, it is the Customer's responsibility to inquire with the local authority of his country of any restrictions on the importation and use of the Products ordered. LOUVINI cannot be held responsible for the purchase of a Product considered non-compliant in a given country, when this Product complies with French regulations.


3. PRICE

 

3.1 – The prices of the Products are indicated in euros all taxes included, and do not take into account the costs of delivery, invoiced in addition and indicated before the validation of the order, packaging and processing of the order.
The price owed by the Customer is the amount indicated in the summary which the Customer has read before definitively validating his order, including delivery costs. Any amounts expressed in other currencies are provided for information purposes only.

3.2 – LOUVINI reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in effect at the time of confirmation of the order by LOUVINI.

3.3 - The price is payable in cash, in full and in a single payment on the day the Customer places the order by secure payment.

 

4. ORDER AND VALIDATION OF THE ORDER

 

4.1 – The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these GCS and of all the information and information referred to in Articles L. 111-1 to L. 111-8 of the Consumer Code, and in particular:

  • The essential characteristics of the Product: the price of the Product and its related costs, and, in the absence of immediate execution of the contract, the date or the deadline by which LOUVINI undertakes to deliver the Product. As such, the Customer is required to consult the descriptive sheet of each Product to know its characteristics.
  • Information relating to the identity of LOUVINI, its postal and electronic contact details and its activities, insofar as they do not appear from the context.
  • Information relating to legal guarantees and their methods of implementation.
  • The possibility of resorting to conventional mediation in the event of a dispute.
  • Information relating to the right of withdrawal.

4.2 – The Customer can read the information relating to the various Products offered for sale on the Site. The Customer can browse freely on the different pages of the Site, without being bound by an order.

4.3 – The Parties reciprocally acknowledge that the products presented on the Site may no longer be available or may no longer be on sale at the time of the order.

4.4 – The Customer who wishes to place an order on the Site must order according to the following methods:

  • Build an online basket by selecting all the chosen Products.
    • If the Customer wishes to place an order, he will choose the different Products in which he has an interest, and will express the said interest by clicking on the “ADD TO BASKET” box. This operation adds the Product to "CART". To order the Products he has chosen, the Customer will click on the “CART” icon. A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, the Customer will validate the summary by clicking on "PAY".
  • Enter their personal information or connect to their “customer account”; 
    • The Customer must accurately complete the form made available to him, on which he will include the information necessary for his identification and in particular his surname, first name, postal address, telephone and e-mail address. If the Customer already has a "customer account", he must enter his email address and password. The Customer is responsible for choosing and keeping his identifiers and must ensure their confidentiality.
  • Accept these T&Cs, and validate your order. Any order implies the prior consultation and acceptance of the GCS by means of a checkbox provided for this purpose during the purchase process; 
  • Choose the address and methods of delivery of the Products; 
  • Proceed to the payment of the Products under the conditions provided.

4.5 – LOUVINI reserves the right to suspend or close the account of a Customer who contravenes the provisions of the GCS after having informed the Customer of its violation and having given him time to comply. Any Customer whose account has been suspended or closed may not subsequently order on the Site without the prior authorization of LOUVINI.

4.6 - The order is deemed accepted by LOUVINI insofar as payment has been received by LOUVINI within a maximum period of five (5) days after the order.

LOUVINI will then confirm acceptance of the order to the user, at their option, by one of the following means: e-mail (summarizing the order: products, price, quantity, etc.), telephone, or mail. This confirmation, or if applicable, the refusal to accept an order, will thus be confirmed to the user no later than 48 working hours after receipt of an order and its payment (except in certain cases indicated on the Site).

4.7 - The data recorded and stored by LOUVINI constitutes proof of all transactions between LOUVINI and its Customers.


5. DELIVERY

 

5.1 - For each order, the Customer is asked for a fixed contribution to the shipping costs calculated automatically according to the place of delivery, the weight of the order and the carrier chosen. LOUVINI strives to ensure its deliveries within 2 to 15 working days for France, and 3 to 30 working days for delivery to any other country from receipt of the order and payment. The times indicated are usual average times and correspond to processing and delivery times.

5.2 - LOUVINI undertakes to inform the Customer of any foreseeable delay in delivery.

5.3 – If the Products ordered have not been delivered within the agreed period or failing an agreed period within thirty (30) days of the order, the Customer may request in writing the cancellation of the sale and the reimbursement of the Products if , after giving LOUVINI formal notice to deliver within a reasonable additional period, LOUVINI did not comply within this period. LOUVINI undertakes to reimburse the Customer within fourteen (14) days of receipt of the termination of the contract.

5.4 - The deadlines provided by LOUVINI to the Customer vary according to the country. These are indicated for information only on the site. https://www.louvini.com, LOUVINI cannot be held responsible for any exceeding of the indicative deadlines when confirming the order. 

5.5 - If LOUVINI suffers additional shipping costs due to the indication of a wrong delivery address, a wrong recipient or an impossibility of delivery of the Products, these costs are the responsibility of the Customer.

5.6 - Shipping costs are calculated at checkout, based on the total weight of your order and the destination address you provided. To learn more, please visit the page “Shipping".

Some international orders to third countries may incur additional customs taxes. The carrier may ask you to pay these charges before releasing the package to you.

5.7. - In the absence of the recipient or of a person who can take possession of the Products upon delivery, the carrier will leave a transit advice note at the delivery address indicated by the Customer inviting the Customer to collect the Products.

5.8. – The ownership of the Products and the risks relating thereto are transferred to the Customer as soon as the latter takes possession of the Products.

5.9. - Any reservation by the Customer must be notified to the carrier upon delivery of the product. A copy of the reservations must be sent to LOUVINI (by e-mail or fax) no later than 12 hours after these reservations have been made. It is up to the Customer to provide with this shipment to LOUVINI confirmation by the carrier of the reality of these reservations (proof, photos, etc.).

5.10. - In the event of non-compliance of the Products with the order, the Customer must send LOUVINI a letter or e-mail of dispute. LOUVINI will, as the case may be, exchange or alter the Product(s). The request must be made within seven (7) working days of delivery of the Products. Any complaint made outside this period cannot be accepted. The products must be returned to LOUVINI in the state in which the Customer received them. Shipping costs will be borne by the Customer.

5.11. - The Customer undertakes to pay or have the customs duties, VAT or other taxes due on the occasion of the importation of the Products into the country of the place of delivery.


6. PAYMENT

 

6.1. - Payment is made online by the following payment methods (Carte Bleue, Visa, Eurocard/Mastercard/American Express/ApplePay) at the time of validation of the order by the Customer. Payment must be made in full when ordering.

6.2 - The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the event of unavailability of the servers. LOUVINI reserves the right to proceed with a new direct debit authorization request in the event that the first could not be completed due to the unavailability of the servers.

6.3 - In the event of a payment default, an incorrect address or any other problem on the Customer's account, LOUVINI reserves the right to block the Customer's order until the problem is resolved.

In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact LOUVINI by email at the address hello@louvini.com.

6.4 - Invoices are archived on a reliable and durable medium in order to correspond to a faithful and durable copy. In addition, and in accordance with Article L.213-1 of the Consumer Code, LOUVINI undertakes to keep and archive on all media, for ten (10) years, the contracts concluded between the Customer and LOUVINI to a value greater than or equal to one hundred and twenty (120) euros and to guarantee access to it by the Customer at all times.


7. RIGHT OF WITHDRAWAL / RETURNS

 

You have the right to withdraw from this contract without giving any reason within fourteen (14) days.

 

The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

 

To exercise the right of withdrawal, you must notify us of LOUVINI, whose registered office is located at 39 Avenue Henri Bergson, 92380 Garches (France), and whose contact details are +33 (0) 6 84 31 13 99 and hello@louvini.com, of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post or e-mail). You can use the model withdrawal form but it is not mandatory.

 

In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.

 

You must return the goods to 7 Rue Louis David, 75116, France without undue delay and, in any event, no later than fourteen (14) days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been complied with if you return the goods before the expiry of the period of fourteen days.

 

You will have to bear the direct costs of returning the goods.

 

*** 

 

(Please complete and return this form only if you wish to withdraw from the contract)

 

For the attention of LOUVINI, whose registered office is located at 39 Avenue Henri Bergson, 92380 Garches (France), and whose contact details are +33 (0) 6 84 31 13 99 and hello@louvini.com :

 

I/We (*) you/we (*) hereby notify my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:

 

Ordered on (*) / received on (*):

 

Name of the consumer (s):

 

Address of the consumer (s):

 

Signature of the consumer (s) (only in case of notification of this paper form):

 

Date:

 

8. WARRANTIES / LIABILITY

 

8.1 – The Products sold on the Website comply with the regulations in force in France. 

8.2 - The photographs illustrating the Products on the Site are not contractual.

8.3 – The Customer accesses, uses and browses the Site at his own risk.

8.4 - The Products supplied by LOUVINI benefit automatically and without additional payment, independently of the right of withdrawal:

 

  • The legal guarantee of conformity provided for in articles L. 217-3 and following of the Consumer Code, for Products that are apparently defective, damaged or damaged or that do not correspond to the order,

 

  • The legal guarantee against latent defects provided for in articles 1641 and following of the Civil Code, resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use. 

 

In accordance with article D211-2 of the Consumer Code, the information on the methods of implementation of the legal guarantees is as follows: 

 

« The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of appearance of the latter.."

 

« When the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of the latter.." 


« The legal guarantee of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.."

 

« The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.."

 

« If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.."

 

« If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.."


« The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if: 

1o The professional refuses to repair or replace the good; 

2o The repair or replacement of the property occurs after a period of thirty days; 3o The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good or replacement ; 

4o The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful."


« The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.." 


« The consumer is not entitled to rescind the sale if the lack of conformity is minor."

 

« Any period of immobilization of the good for its repair or its replacement suspends the guarantee which remained to run until the delivery of the restored good.."

 

« The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code."


« The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300 euros, which may be increased up to 000% of the average annual turnover ( article L. 10-241 of the consumer code). »


« The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property..

 

9. INTELLECTUAL PROPERTY

 

9.1 - All trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sounds, as well as all computer applications that could be used on the Site and more generally all elements reproduced or used on the Site are protected by the laws in force under intellectual property.

9.2 - They are the full and entire property of LOUVINI or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of LOUVINI, is strictly prohibited. The fact that LOUVINI does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of legal proceedings. Any simple or hypertext link is strictly prohibited without the express written consent of LOUVINI.

 


10. PERSONAL DATA

 

When the Customer browses the Site, creates an account and/or places an order, LOUVINI acts as the person responsible for processing the personal data transmitted by the Customer. 

 

For more information on how LOUVINI collects and processes the Customer's personal data as well as on the rights available to the Customer, the latter can consult the LOUVINI Privacy Policy present on the Site.


11. APPLICABLE LAW AND JURISDICTION

 

The language in which these Terms are written is French and they are subject to French law, regardless of the Customer's nationality and the place of validation of the order. 

 

The Site and the T&Cs comply with French law so that LOUVINI does not respond to any foreign legislation.

 

Any litigation in connection with the interpretation or the execution of the present, falls under the exclusive competence of the French judicial order governed according to the Code of Civil Procedure.

 

Specifically, with regard to the provisions of Article R. 631-3 of the Consumer Code, in the event of a dispute, the Customer may seize, at his choice, either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event. 

 

In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes, when the Customer has sent a written complaint to the professional and has not obtained satisfaction or reply within two (2) months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.

 

CNPM CONSUMER MEDIATION SAS

27, avenue de la Libération

42400 Saint-Chamond

http://cnpm-mediation-consommation.eu 

 

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

 

Online Dispute Resolution Platform: the European Commission has set up an Online Dispute Resolution platform to facilitate the out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.