NKCD, a limited liability company with a capital of 5,000 euros, registered in the Sedan Trade and Companies Register under number 952 754 349, with its registered office at 1B, Rue du Bon Marché – 08440 VIVIER AU COURT, identified under the intra-community VAT number FR 46952754349 (hereinafter "LOUVINS"), operates a website accessible at the address https://www.louvins.fr (hereinafter the "Site").
These General Terms and Conditions of Sale (hereinafter the "GTC") govern the commercial relations between LOUVINS and any natural or legal person placing an order on the Site (hereinafter "the Customer"), it being specified that the protective provisions of the Consumer Code included in the GTC do not apply to orders placed by legal or natural persons making an order on the Site as part of their professional activity, whatever it may be (craft, commercial, liberal, industrial).
However, these GTC do not apply to orders placed as part of the LOUVINS "Business Gifts" service, which are governed directly by the documents provided by LOUVINS to the Customer in this context.
1.1. The purpose of these GTC is to define the conditions under which Customers can access the Site, use it and place orders with LOUVINS, including all rights and obligations arising therefrom.
They apply to all orders made by Customers via the Site, and to this mode of ordering exclusively. If applicable, the GTC will prevail over any other contradictory document not expressly accepted by mutual agreement by the Customer and LOUVINS as deviating from the GTC.
1.2. All Customers who access the Site undertake to respect, without restriction or reservation, the GTC, which are accessible at all times on the Site, and are also brought to their attention before the confirmation of their order.
1.3. LOUVINS may modify these GTC, in particular to take into account any legal, jurisprudential, editorial and/or technical evolution. The changes to the GTC will be enforceable from their publication on the Site. From one order to another, LOUVINS invites the Customer to carefully reread the GTC appearing on the Site, the update dates being indicated.
In case of modification, the applicable GTC are those in force on the date of the Customer's order.
2.1. The products offered for sale by LOUVINS are those available online on the date of the Customer's order, within the limits of available stocks.
The Customer will be informed of the unavailability of a product at the time of placing the order.
In the event that the product ordered by the Customer is no longer available after placing the order, LOUVINS will contact the Customer as soon as possible to allow the Customer to either cancel the order and receive a refund for the product concerned, or, if restocking of the product is envisaged, to postpone the delivery date after restocking of the product, or to substitute the unavailable product with an equivalent value product. In case of cancellation and request for reimbursement, this will be carried out within 15 (fifteen) days following the date of placement of the relevant order, on the credit card used during the order.
2.2. Each product sold on the Site is subject to a presentation summarizing its main characteristics and a detailed presentation (including in particular the composition of each product) accessible by clicking on the concerned product and scrolling the page from top to bottom.
2.3. The prices of the products are indicated in euros, all taxes included; they take into account any discounts as well as the VAT rate in force on the day of the order.
The cost of delivering the products is not included in the price of the products and is charged in addition to the Customer. Its amount is specified to the Customer prior to the final validation of the order.
The applicable prices are those displayed online on the Site at the time of the validation of the order by the Customer.
3.1. The Customer can browse the Site and learn about the various products offered for sale without any obligation to purchase and without any obligation to register, unless certain promotional offers or discounts are reserved for account holders on the Site and it is necessary to log in using their username and password to view them.
3.2. Any person wishing to place an order on the Site must be at least 18 years old on the day of placing the order. To place an order on the Site, the Customer must necessarily create an account on the Site. Therefore, when placing an order, they must either identify themselves with their username and password or fill in the account creation form.
To create their account, the Customer must provide the following information: title, name, first name, date of birth, complete postal address, phone number, valid email address, and a password.
The Customer is required to provide complete, up-to-date and honest information, failing which LOUVINS cannot be held responsible in this regard.
The Customer is informed that some of the information requested is mandatory for the proper execution of the order they have placed, which they expressly acknowledge.
In case of a forgotten password, the Customer can obtain a new one by clicking on the "Forgot password" link. The Customer will receive an email inviting them to choose a new password under the conditions and modalities that will be specified.
The Customer acknowledges that the combined entry of their username (email address) and password constitutes proof of their identity and commits them to any order placed through them. The Customer is responsible for the conservation and confidentiality of their password, which they are recommended not to disclose to third parties. The Customer undertakes to inform LOUVINS as soon as possible of any use of their username and password that would be carried out by an unauthorized third party.
3.3. The Customer's order is carried out in two stages: the Customer chooses and selects the product(s) they wish to purchase, by clicking on "Add to cart", and by consulting beforehand the product sheet of the concerned products and verifying that these suit them.
Once their selection is made, they can continue their selection by clicking on "Continue shopping", view a complete summary of their order by clicking on "My cart", or finalize their order by clicking on "Order".
If they choose to finalize their order, the Customer must then decide on the delivery method, payment method, as well as the billing and delivery addresses. A summary of the order is presented to them (products ordered, quantity and price of products, price of delivery, delivery method, desired delivery date, etc.) before the Customer definitively confirms it by accepting these GTC and clicking on "place the order".
The total cost, including VAT and delivery, will be clearly indicated to the Customer in euros before validating the order.
Until the validation of their order, the Customer has a mechanism allowing them to modify or cancel it, in whole or in part, using the functions "modify your cart" or "modify". The validation by the Customer through the payment of the order means that the order is firm and final, except for contrary provisions hereinafter. The order can no longer be modified (quantity, products, desired delivery date and time, etc.) after the validation carried out by the Customer.
The Customer cannot place an order for a delivery address that is not served by LOUVINS.
3.4. Payment for the Customer's order can be made by credit card (Visa, Mastercard), Paypal, via the secure interface provided by CIC bank. When payment is made by credit card, the Customer must validate the order by entering a security code sent by SMS to the number indicated at the time of account creation.
In case of payment by credit card, the Customer must provide the following information: name of the cardholder, card number, expiration date of the card, 3-digit security code.
Payments by other means of payment than those listed above are not accepted.
Orders are taken into account by LOUVINS subject to their payment: in case of payment by credit card, the payment will be taken into account at the time of the confirmation issued by the banking institution of the cardholder who made the payment. In case of PayPal payment, the payment will be taken into account at the time of confirmation by Paypal of sufficient funding of the account.
In case of an order exceeding one hundred (100) euros, LOUVINS may require proof of identity and a copy of the card used for payment to combat payment fraud.
3.5. Once the order is validated and payment is made, the Customer receives an order confirmation by email. This email summarizes the characteristics of the order (products ordered, price, desired delivery time, etc.), as well as the possibilities of exercising their right of withdrawal, for products for which it can be implemented.
It is recommended for the Customer to print and/or keep this order confirmation.
4.1. The Customer’s order shall be dispatched once full payment of the order price, including the applicable shipping costs, has been received.
4.2. The delivery period specified before the order is finalised and shown in the order summary shall commence on the day following validation of the order by the Customer.
Unless otherwise indicated to the Customer, delivery times are expressed in working days.
4.3. Delivery charges depend on the delivery method selected by the Customer when placing the order. They are indicated to the Customer before the order is confirmed and are also detailed on the page of the Website dedicated to shipping, delivery and returns.
LOUVINS undertakes to deliver the products on the date or within the period indicated to the Customer when the order is placed.
In the event that LOUVINS fails to fulfil its delivery obligation under the conditions provided for by the French Consumer Code, the Customer may request that LOUVINS complete delivery within an additional reasonable period.
If delivery is not completed within this additional period, the Customer may terminate the contract by letter or by written notice using any other durable medium.
The Customer may also terminate the contract immediately if LOUVINS refuses to deliver the products or if it is clear that delivery will not take place, as well as where the delivery date or period constituted an essential condition of the contract for the Customer, either due to the circumstances surrounding its conclusion or as a result of an express request made by the Customer prior to entering into the contract.
Where the contract is terminated in accordance with the applicable regulations, LOUVINS shall reimburse the Customer for the sums paid within the statutory time limits.
4.4. Macarons and other fresh products shall be delivered to the recipient specified by the Customer when placing the order, according to the geographical areas and delivery services offered on the Website at the time of the order.
Where products are shipped using a delivery service suitable for fresh products, they shall be packed in packaging designed to ensure their optimal preservation during the normal transportation period.
Given their perishable nature and limited shelf life, LOUVINS draws the Customer’s particular attention to the need:
(i) to provide an accurate and complete delivery address as well as a telephone number enabling the carrier to contact the recipient;
(ii) to arrange delivery on a date on which the Customer or recipient will be able to take actual delivery of the parcel;
(iii) to comply, upon receipt, with the storage instructions appearing on the product packaging or label.
Where a product’s Use-By Date is determined according to its dispatch date, this information shall be indicated on its packaging or label.
LOUVINS cannot guarantee the freshness or organoleptic qualities of a fresh product where delivery or collection of the parcel has been delayed for a reason attributable to the Customer or recipient, including absence, an incorrect or incomplete address, refusal of delivery or failure to collect the parcel within the period specified by the carrier.
This provision shall not deprive the Customer of their rights where the delay, deterioration or failure to deliver is attributable to LOUVINS or the carrier responsible for delivery.
4.5. Where this delivery method is offered, orders may be shipped by Colissimo.
The delivery times displayed when the order is placed are provided in accordance with the conditions of the selected service and the parcel’s destination.
The Customer shall be informed when the order has been dispatched and may track its progress using the tracking number provided by LOUVINS or the carrier.
In the event of an unsuccessful delivery attempt, depending on the carrier’s procedures, the parcel may be presented for delivery again or deposited at a collection point. The Customer or recipient shall be informed accordingly by the carrier.
4.6. Where this delivery method is offered, orders may be shipped by Chronopost.
The Customer undertakes to provide an accurate and complete delivery address and a valid telephone number and, where necessary, to be present or ensure that the recipient is present at the delivery address provided.
The Customer shall be informed when the order has been dispatched and may track its progress using the tracking number provided by LOUVINS or Chronopost.
Average delivery times are those indicated to the Customer when the order is placed. They may vary depending in particular on the destination, time of year, carrier constraints, customs formalities or exceptional circumstances.
In the event of an unsuccessful delivery attempt, depending on Chronopost’s procedures, the parcel may be presented for delivery again or deposited at a collection point. The Customer or recipient shall be informed accordingly by the carrier.
4.7. Where delivery cannot be completed due, in particular, to the absence of the Customer or recipient, an incorrect or incomplete address provided when placing the order, an unjustified refusal to accept delivery, failure to collect the parcel within the period specified by the carrier, or any other circumstance attributable to the Customer or recipient, the parcel may be returned to LOUVINS.
The mere failure to collect a parcel, refusal of the parcel upon presentation or its return to LOUVINS shall not, in itself, constitute the exercise of the right of withdrawal.
Where the Customer wishes to exercise their right of withdrawal and such right applies to the order concerned, the Customer must expressly notify LOUVINS in accordance with the provisions of Article V of these General Terms and Conditions of Sale.
Where an unclaimed or undelivered parcel is returned to LOUVINS for a reason attributable to the Customer or recipient, LOUVINS may contact the Customer to determine whether the Customer wishes, where materially possible, to have the order shipped again.
Where the Customer requests redelivery, the new preparation and shipping costs may be charged to the Customer. Where the failure of the first delivery is attributable to the Customer, any additional costs actually incurred by LOUVINS as a result of the return of the parcel may also be charged to the Customer, subject to applicable statutory provisions.
Products excluded from the right of withdrawal pursuant to Article L. 221-28 of the French Consumer Code, including products liable to deteriorate or expire rapidly and products made to the Customer’s specifications or clearly personalised, shall not be eligible for a refund under the right of withdrawal.
Where a parcel returned to LOUVINS shows signs of damage, opening, breakage, total or partial loss of its contents or any other anomaly occurring before the Customer or recipient has taken physical possession of it, such circumstances shall not be attributed to the Customer solely on the basis that the parcel has been returned.
In such circumstances, LOUVINS shall, where appropriate, take the necessary steps with the carrier.
Where the Customer or recipient has never taken physical possession of the parcel, the value of any products lost, stolen, missing or damaged during transportation or return of the parcel shall not be deducted from any sums that may be due to the Customer solely on account of such loss or damage.
These provisions shall not apply where it is established that the loss, damage or deterioration of the products is attributable to the Customer or to a person designated by the Customer after physical possession of the order has been taken.
4.8. Certain fresh products may be delivered using a refrigerated delivery service, including Chronopost Food’s Chronofresh service. Eligible products shall be identified on their product page or when the delivery method is selected.
Average delivery times are those indicated to the Customer when placing the order.
Given the perishable nature of the products concerned, the Customer must ensure that the address provided is accurate and that the recipient is available on the announced delivery dates.
Where delivery fails for a reason attributable to the Customer or recipient, including an incorrect or incomplete address, absence, unjustified refusal of the parcel or failure to collect it within the allotted period, LOUVINS cannot guarantee the preservation, freshness or ability to resell the products.
Where the products concerned fall within one of the categories provided for in Article L. 221-28 of the French Consumer Code, including products liable to deteriorate or expire rapidly, they shall not benefit from the right of withdrawal.
These provisions shall not affect the Customer’s rights where non-delivery or deterioration of the products results from a failure attributable to LOUVINS or the carrier.
4.9. LOUVINS may offer delivery of its products in mainland France, including Corsica, Monaco and various foreign countries, depending on the destination, the products ordered and the delivery methods available when the order is placed.
The list of countries and territories served and any applicable restrictions are specified on the Website.
For information purposes, the delivery zones offered may include:
Zone 1: Germany, Belgium, Luxembourg, the Netherlands;
Zone 2: Austria, Denmark, Spain, Finland, Greece, Ireland, Portugal, Italy, Sweden;
Zone 3: Bulgaria, Cyprus excluding the area under Turkish authority, Estonia, Hungary, Latvia, Liechtenstein subject to restrictions applicable to alcoholic beverages, Lithuania, Malta, Poland, Czech Republic, Romania, Slovakia, Slovenia, Switzerland;
other countries: upon quotation and subject to LOUVINS’ prior approval.
The availability of certain products, particularly alcoholic beverages and food products, may be restricted or excluded depending on the destination and applicable regulations.
For international deliveries, the delivery times indicated to the Customer are estimates taking into account, in particular, the time required to prepare the order and the carrier’s delivery times.
These periods may be extended due to customs formalities, administrative inspections, local regulations or any circumstances outside the normal transportation process.
Where customs duties, import taxes, excise duties, customs clearance charges or other charges are payable in the country of destination, responsibility for such charges shall be determined in accordance with the terms of sale, the delivery method offered and, where applicable, the Incoterm or other arrangements indicated to the Customer before the order is placed.
The Customer undertakes to provide any information or documents required to complete the customs or regulatory formalities applicable to the delivery.
4.10. Upon delivery, the Customer or recipient is invited, where reasonably possible, to inspect the apparent condition of the parcel and the products received.
Where a parcel is visibly damaged, open, repackaged, shows signs of impact or leakage, or where one or more products are broken or missing, the Customer or recipient is advised to make precise reservations with the carrier and to take photographs of the parcel, its packaging and the products concerned.
The Customer is also invited to inform LOUVINS as soon as possible so that a claim may be processed with the carrier.
Failure to make reservations with the carrier or failure to comply with an indicative notification period shall not deprive the consumer of any warranties or rights available under mandatory statutory provisions.
In the event of a missing, broken, damaged or non-compliant product, the Customer should provide LOUVINS, where possible, with the order number and photographs showing the condition of the parcel and the products received.
After the claim has been reviewed and where it is found to be justified, LOUVINS shall, depending on the circumstances and in accordance with applicable statutory provisions, replace or refund the product or products concerned.
The Customer is not required to initiate proceedings against the carrier in order to exercise their rights against LOUVINS, without prejudice to LOUVINS’ right subsequently to exercise any appropriate remedy against the carrier.
4.11. In accordance with Article L. 216-2 of the French Consumer Code, any risk of loss of or damage to the products shall pass to the Customer when the Customer, or a third party designated by the Customer, takes physical possession of the products.
Where the Customer arranges delivery through a carrier other than one offered by LOUVINS, the specific rules provided for by the applicable statutory provisions concerning the transfer of risk may apply.
For an order collected from a store, the transfer of risk shall take place when the Customer or the person designated by the Customer takes physical possession of the products.
4.12. LOUVINS shall not be held liable for any failure to perform any of its obligations where performance of such obligation is prevented by an event meeting the statutory requirements of force majeure under applicable law.
Where such an event affects the performance or delivery of an order, LOUVINS shall inform the Customer as soon as reasonably possible.
Where the impediment is temporary, performance of the obligation concerned shall be suspended for the duration of the impediment, unless the resulting delay justifies termination of the contract in accordance with applicable statutory provisions.
Where the impediment is permanent, the contract may be terminated in accordance with the conditions provided for by law and any sums due to the Customer shall be refunded.
5.1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the consumer Customer has a period of fourteen (14) days in which to exercise their right of withdrawal, without having to provide any reason for their decision or incur any costs other than those provided for by the applicable statutory provisions.
For contracts for the sale of goods, this period shall commence on the day on which the product is received by the Customer or by a third party designated by the Customer, other than the carrier.
Where an order consists of several products delivered separately, or a product consisting of several lots or parts delivered separately, the withdrawal period shall commence upon receipt of the last product, lot or part.
The Customer shall exercise their right of withdrawal by informing LOUVINS of their decision, before expiry of the applicable period, by means of an unambiguous statement expressing their wish to withdraw from the contract or by using the withdrawal form made available to them.
The request may in particular be sent to:
LOUVINS – Customer Service
1B rue du Bon Marché
08440 Vivier-au-Court
France
or by using the functionality or form provided for this purpose on the Website.
Where the right of withdrawal is exercised online, LOUVINS shall promptly send the Customer an acknowledgement of receipt of their request on a durable medium.
The mere refusal of a parcel, failure to collect it from the carrier or its automatic return to LOUVINS shall not, in itself, constitute the exercise of the right of withdrawal. The Customer must expressly inform LOUVINS of their wish to withdraw from the contract.
5.2. The right of withdrawal may not be exercised in respect of products covered by the exceptions provided for in Article L. 221-28 of the French Consumer Code. These include, in particular:
(i) products which are liable to deteriorate or expire rapidly, including certain fresh products, catering products, pastries, macarons or other foodstuffs with a limited shelf life;
(ii) goods made to the Customer’s specifications or clearly personalised. This includes, in particular, products specifically made, modified or packaged at the Customer’s request and bearing a name, logo, text, visual, photograph, print, engraving, label, packaging, marking or any other form of personalisation carried out in accordance with instructions or materials supplied or approved by the Customer.
Such personalised products are not subject to any right of withdrawal and, consequently, may not be returned, exchanged or refunded, provided that they have been produced in accordance with the order and the materials approved by the Customer;
(iii) goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
(iv) alcoholic beverages for which delivery is deferred for more than thirty (30) days and whose value, as agreed at the time the contract is concluded, depends on market fluctuations beyond LOUVINS’ control.
The exclusions provided for in this Article shall not affect the application of statutory guarantees where the product delivered is defective, does not conform to the contract or does not correspond to the characteristics or personalisation previously approved by the Customer.
5.3. For products eligible for the right of withdrawal, the Customer must return or hand back the products to:
LOUVINS – Delivery Department
1B rue du Bon Marché
08440 Vivier-au-Court
France
without undue delay and no later than fourteen (14) days after notifying LOUVINS of their decision to withdraw from the contract.
The direct costs of returning the products shall be borne by the Customer, unless LOUVINS expressly agrees to bear such costs.
The cost of return may vary depending, in particular, on the type of product, the carrier or shipping method selected, and the weight, dimensions or volume of the parcel.
Where, following the exercise of the right of withdrawal, a parcel that has already been dispatched is returned directly to LOUVINS by the carrier without having been delivered to the Customer, the direct costs associated with returning the parcel may remain payable by the Customer, provided that the Customer was informed in advance that the direct costs of returning the goods would be borne by them.
The Customer must take all reasonable precautions to ensure that the products are returned under suitable and sufficiently protective conditions.
The Customer may be held liable for any diminished value of the products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning, in accordance with the applicable statutory provisions.
5.4. Where the right of withdrawal is validly exercised, LOUVINS shall reimburse the Customer for the amounts paid in respect of the products concerned, together with the initial delivery charges paid, up to the amount corresponding to the least expensive standard delivery method offered by LOUVINS at the time the order was placed.
Where the Customer expressly selected a delivery method that was more expensive than the standard delivery method offered by LOUVINS, the corresponding additional cost shall not be reimbursed.
The direct return costs referred to in Article 5.3 shall remain payable by the Customer.
LOUVINS shall make the reimbursement without undue delay and no later than fourteen (14) days from the date on which LOUVINS is informed of the Customer’s decision to withdraw from the contract.
For contracts for the sale of goods, LOUVINS may nevertheless withhold reimbursement until the products have been recovered or until the Customer has supplied evidence that the products have been dispatched, whichever occurs first.
The reimbursement shall be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to another means of payment, provided that such reimbursement does not result in any fees being incurred by the Customer.
All products sold through the Site are covered by the legal warranty of conformity and the legal warranty against hidden defects, allowing defective products to be returned to LOUVINS.
Legal warranty of conformity (articles L. 217-4 and following of the Consumer Code)
Article L217-4 of the Consumer Code
"The seller delivers goods in conformity with the contract and is liable for any conformity defects existing at the time of delivery.
He is also liable for conformity defects resulting from packaging, assembly instructions, or installation if he was charged with this in the contract or had carried it out under his responsibility."
Article L217-5 of the Consumer Code
"Goods conform to the contract:
1° If they are suitable for the use usually expected of similar goods and, if applicable:
- if they match the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him."
Article L217-7 of the Consumer Code
"Conformity defects that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller can contest this presumption if it is not compatible with the nature of the good or the claimed conformity defect."
Article L217-8 of the Consumer Code
"The buyer is entitled to demand the conformity of the goods with the contract. However, he cannot contest conformity by invoking a defect he knew or could not have been unaware of when he contracted. The same applies when the defect originates from materials supplied by him."
Article L217-9 of the Consumer Code
"In case of a conformity defect, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice involves a manifestly disproportionate cost compared to the other option, considering the value of the good or the significance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."
Article L217-10 of the Consumer Code
"If repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same option is open:
1° If the solution requested, proposed, or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's claim;
2° Or if this solution cannot be implemented without major inconvenience for him considering the nature of the good and the use he is seeking.
The resolution of the sale cannot, however, be pronounced if the conformity defect is minor."
Article L.217-11 of the Consumer Code
"The implementation of the provisions of Articles L. 217-9 and L. 217-10 occurs at no cost to the buyer.
These same provisions do not prevent the allocation of damages."
Article L217-12 of the Consumer Code
"Action resulting from a conformity defect is prescribed two years after the delivery of the good."
Legal warranty against hidden defects (articles 1641 and following of the Civil Code)
Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lesser price for it, had he known of them."
Article 1644 of the Civil Code
"In the case of Articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned."
Article 1645 of the Civil Code
"If the seller knew of the defects of the thing, he is bound, in addition to returning the price he received, to pay all damages to the buyer."
Article 1646 of the Civil Code
"If the seller was unaware of the defects of the thing, he will only be bound to return the price, and to reimburse the buyer for the costs occasioned by the sale."
Article 1648, first paragraph, of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two (2) years from the discovery of the defect."
1/ When acting under the legal warranty of conformity, the consumer:
- benefits from a period of two years from the delivery of the goods to act;
- can choose between repair or replacement of the good, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code;
- is exempted from proving the existence of the conformity defect of the goods during the 24 months following the delivery of the goods. For second-hand goods, this legal warranty can be implemented within this 24-month period, under the following conditions: if this conformity defect is noticed within 6 months after delivery, the consumer is exempted from providing proof of said defect. After this period, he must prove that this defect existed before the sale.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
2/ The consumer may decide to implement the warranty against hidden defects of the thing sold in the sense of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code, and must act within two (2) years from the discovery of the vice.
7.1. When registering online on the Site, the Client commits to providing true, accurate, up-to-date, and complete information about their identity and all the contact details they provide. The use of pseudonyms is strictly prohibited. The Client agrees to immediately update their information in case of any changes made since their registration. Clients are reminded that Article 226-4-1 of the Penal Code punishes the act of impersonating a third party or using one or more pieces of information of any kind allowing them to be identified in order to disturb their peace or that of others, or to harm their honor or consideration, with one year of imprisonment and a fine of 15,000 euros. The Client who notices an act constituting the offense of identity theft must immediately inform LOUVINS via the contact form.
A Client can only open one account on the Site, which is limited to their personal use only.
7.2. The Client is solely responsible for the use of their account and for protecting their login credentials and passwords. Any identity theft, loss, misappropriation, or unauthorized use of a Client's login credentials and/or account and its consequences, fall under the sole responsibility of that Client. In all cases mentioned above, the Client is obliged to notify LOUVINS without delay, by email, specifying their name, first name, postal code, city, date of birth, phone number, the email address used for their account, and if possible their old password, via the contact form, to allow LOUVINS to take measures to remedy the situation, in particular, to proceed with the cancellation and/or immediate update of the concerned identifier and/or password. Abusive use of this reporting facility may lead to the responsibility of the abuser.
Similarly, the Client guarantees to be the exclusive user of their mobile device. The Client is solely responsible for the equipment with which they access the Site (purchase, maintenance, etc.), which they have custody of, including their email address, login credentials, and passwords, etc. They must not leave their mobile phone or any other mobile device unattended.
The Client commits to taking all necessary and useful measures to protect and secure their equipment, login credentials, and passwords, especially by never communicating their login credentials and passwords to third parties or leaving them accessible to others.
The Client is fully informed of the risks associated with the loss or theft of their Identifier and password, hacking of their equipment, or any other fraudulent action allowing unauthorized use of their account.
7.3. In the event of awareness of manifestly unlawful actions by a Client in the context of their activity on the Site or in connection with it and/or in case of violation of the stipulations of these GTC and/or any legal or regulatory obligations, LOUVINS may, immediately, without notice or compensation, delete or suspend the Client's account. LOUVINS reserves the right to pursue in the competent judicial authorities any use of the Site that would not be in conformity with these GTC.
7.4. Clients acknowledge that their access to the Site may be subject to certain technical requirements. Thus, Clients must particularly have a high-speed internet connection and a recent browser. Failing this, any operational difficulties of the Site that may exist shall not engage the responsibility of LOUVINS in any way.
8.1. Clients must create an account on the Site and provide certain personal data to place an order, including their title, name, first name, email address, phone number, etc.
8.2. Clients' personal data is subject to automated processing by LOUVINS, which is the data controller, for the purposes of managing and administering the commercial relationship with the Client as well as for prospecting.
8.3. Types of data collected:
There are two types of data:
- Data marked with an asterisk: these data collected during the creation of the customer account and/or the placement of the order are necessary for the proper execution of the order, particularly in terms of delivery and billing;
- Other data requiring an optional response during the creation of the customer account and/or the placement of the order, voluntarily communicated by the Client, who may withdraw their consent at any time, without affecting the lawfulness of the processing based on the consent given prior to the withdrawal.
Data collected during the creation of the Client's account (name, first name, address, etc.) and/or the placement of the order are kept for a period of three years from either the end of the commercial relationship or their collection or the last contact from you. These data may then be archived until the end of the applicable limitation periods, to establish proof of a right or for compliance with a legal obligation.
These data may be subject to external communication only for:
LOUVINS ensures optimal security measures against the loss, misuse, and alteration of information entrusted to it or collected from the Client.
In accordance with the regulations applicable to the protection of personal data (stemming from the European Regulation on the Protection of Personal Data as of May 25, 2018), the Client has the right to request access to, rectification or erasure of personal data, or restriction of processing, or the right to object to processing and the right to data portability, which they can exercise by sending an email to the following address: contact@louvins.fr or by writing to the registered office of the Company LOUVINS.
The Client may also file a complaint with the CNIL.
8.4. LOUVINS may implement cookies on the Site. Prior consent of the Client must be obtained for the placement of these cookies. This is an automatic tracking process that records information related to navigation on the Site and stores information entered during visits to facilitate the registration process and use of the Site by the Client. In accordance with current legislation, cookies will be kept for 13 (thirteen) months by LOUVINS, unless otherwise required by law. Upon expiration of this period, the Client's express consent must again be obtained to continue using cookies.
The Client may oppose their placement and/or delete them by following the procedure indicated on their browser.
Cookies cannot execute programs or introduce viruses on a computer or mobile phone. Cookies are uniquely assigned and can only be read by the web server of the domain that issued the cookie.
The Client is informed that by refusing cookies, they may not be able to access certain features of the Site.
Learn more about our Cookie Policy.
9.1. Without this list being exhaustive, the "LOUVINS" trademarks and their derivatives, logos, graphic charter, layout, information, presentation and content of the Site, as well as trade names, commercial names, signs, domain names, among others, are elements protectable under the French Intellectual Property Code, whether by copyright, trademark rights, or any other private rights. LOUVINS owns and/or operates them.
The systems, software, structures, infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by LOUVINS on the Site are also protected by all intellectual property rights or rights of database producers in force. All reuses, copies, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without LOUVINS' authorization are strictly prohibited and may be subject to legal proceedings.
Any reproduction or representation, in whole or in part, of the Site or the elements comprising it, such as trademarks, logos, graphic charter, layout, information, photographs, presentation, and content of the Site, without this list being exhaustive, is prohibited.
9.2. Registration on the Site does not entail any transfer of intellectual property rights to the Client, who is solely responsible in case of non-compliance with the aforementioned provisions.
9.3. The Site may contain hypertext links to third-party websites, managed by third parties, over which LOUVINS has no control.
Therefore, LOUVINS declines all responsibility for the content of these third-party sites, the use that may be made of them, and the content to which these third-party sites may refer, for which the third party concerned is solely responsible.
The Client may suspend or close their account at any time, for any reason, by sending a request to LOUVINS by email at contact@louvins.fr. This deletion will take effect after the expiration of the cancellation and withdrawal periods related to the last order placed by the Client.
In case of account deletion by the Client, they will no longer be able to place orders via the Site, unless they create a new account.
11.1. The fact that LOUVINS does not take advantage of a provision of the GTC or a failure or breach by the Client of any of their contractual or legal obligations shall not be interpreted as a waiver to assert this provision, failure, or breach.
11.2. In the event that a provision of the GTC is declared null or invalid, this provision will be considered as unwritten, with all other provisions of the GTC continuing to apply.
11.3. Unless proven otherwise, the data recorded by LOUVINS constitute proof of all transactions.
The Client may in all cases contact LOUVINS by phone at 03 24 37 89 10, from Monday to Friday from 9 am to 6 pm, or by mail addressed to LOUVINS – 1B rue du Bon Marché – 08440 Vivier Au Court, or via the contact form.
These GTC are governed by French law.
In case of a dispute related to an order, the Client must first contact LOUVINS to find an amicable solution, via the contact form.
Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent extrajudicial 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/.
In the absence of an amicable solution and regardless of the origin of the conflict, whether it concerns the formation, execution, interpretation, validity, termination, or resolution of these GTC, including for conservatory procedures, emergency procedures, in case of summary proceedings, warranty claims, requests, or multiple defendants, it will be under the jurisdiction of the competent French courts, in accordance with common law rules, it being specified that the deadlines for taking legal action are not interrupted during the time an amicable solution is sought or mediation requested by the Client.
LAST UPDATE DATE: JANUARY 18, 2024.
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