Preambule
These general terms and conditions of sale set out the terms and conditions for the sale of products by Lovy NK Kosmétik, represented by LNK Biznès Group, domiciled at 1 Résidence les Marines 97130 Capesterre-Belle-Eau, SIREN number 981 614 605. They apply unreservedly to both professional and non-professional customer purchasers, as soon as they tick the box accepting the general terms and conditions of sale when making purchases on the website's online platform (Lovy NK Kosmétik). The data collected in the context of placing an order serves as proof of knowledge of the general terms and conditions of sale. The seller may decide to modify its general terms and conditions of sale at any time, the terms and conditions of which apply at the time the order is placed.
I.PRODUCTS ON SALE
The products offered for sale are :
- Natural cosmetics
- Gift cards
- On-line consultations
All the essential characteristics of the products, in accordance with the regulations in force, are specified at the time of consulting the articles on line.
It is possible to order products directly from the Lovy NK Kosmétik website, while stocks last.
The photos used to describe the product are for information purposes only and are not contractually binding. The seller may freely decide to withdraw some of its products from the market, or to modify the list, range or prices of these products.
II.PRICING AND PAYMENT
Lovy NK Kosmétik's pricing policy provides for the indication of product prices by means of labelling on the website, in euros and inclusive of all taxes. In this sense, the prices binding on customers are the prices in force on the label at the time the order is placed.
The total amount due is shown on the order confirmation page, and may include additional shipping and delivery charges.
The seller may modify its prices or pricing policy at any time.
Late payment penalties are equal to the current legal interest rate. Collection fees are €40 excluding VAT.
Payment of the order is due on the date of the customer's online order on the website (Lovy NK Kosmétik).
The means of payment accepted by the seller are credit cards, paypal payments, Apple Pay. No payment in installments is allowed, unless expressly agreed by the seller.
The seller does not store any customer bank details.
The seller may refuse to accept an order if the customer is in arrears, either currently or in the past.
III.DELIVERY - ORDERING
For digital products
Products are delivered automatically after the order has been placed. They are deemed to be in conformity and free of hidden defects.
For physical products
Online orders are placed by confirming the customer's shopping cart, as specified in article 9 of these terms and conditions of sale. Once validated, the order is confirmed to the customer by return e-mail.
The seller has the right to refuse to accept an order if the products are no longer available due to a stock shortage or an order for too large a quantity. If this is the case, the customer will be refunded the full amount of the order as soon as possible, and no goods will be delivered.
When the seller accepts the customer's order, the sale becomes final and the transfer of risk takes place: the customer alone bears the risks of delivery, as he becomes the owner as soon as the goods are dispatched.
Products are delivered throughout metropolitan France, overseas territories and internationally. With Colissimo, the average delivery time is 2 days maximum for metropolitan France, 30 days maximum for overseas territories and 8 days maximum for international deliveries. These delivery times are calculated from the time the order is dispatched. For Chronopost, the average delivery time for products is 5 days maximum for Metropolitan France, Overseas and International. These delivery times are calculated from the time the order is dispatched.
In the event of product unavailability after order confirmation, the seller will immediately inform the customer in writing, indicating the extended delivery time. After dispatch of the parcels, any complaint concerning late, damaged, lost or stolen parcels must be addressed directly to the delivery organization concerned (Colissimo, Chronopost) and the seller cannot be held responsible. The Customer is reminded that all risk of loss or damage is transferred to the Customer, from the date of dispatch of the products, handed over to a carrier for delivery.
IV.RESPONSIBILITIES AND OBLIGATIONS
For the seller,
After dispatch of the parcels, any complaint concerning late, damaged, lost or stolen parcels must be addressed directly to the delivery organization concerned (Colissimo, Chronopost) and the seller cannot be held responsible.
Photos illustrating products on the seller's communication tools and website are not contractual, and cannot engage the seller's responsibility.
In the event of force majeure or a fortuitous event, the seller cannot be held liable to the customer. The latter will be informed, by any means, of the consequences of such events. Force majeure, in accordance with article 1218 of the French Civil Code, is an external, unforeseeable and irresistible event.
In accordance with articles L 217-4 et seq. of the French Consumer Code, and 1641 et seq. of the French Civil Code, each product sold must conform to its description and be free from any hidden defect.
In the event of defective or non-conforming products, the customer will be reimbursed free of charge. The customer must submit a written, substantiated claim within 15 days of receipt of the order.
The seller is subject to an obligation of result in the delivery of the goods ordered, in accordance with common contract law.
For customers,
The customer certifies that he/she has the legal capacity to order products online.
By validating his/her purchase and proceeding with online payment, the Customer acknowledges having read the general terms and conditions of sale and having accepted them without reservation.
The Customer acknowledges having benefited from a right to pre-contractual information by reading the general terms and conditions of sale, in accordance with article L. 221-5 of the French Consumer Code.
For partners,
Partners must honor their contractual commitments without reservation.
V.PROTECTION - COPYRIGHT
The elements supplied by the seller as part of its services remain its intellectual property. All rights of reproduction, modification and distribution are reserved.
The customer undertakes not to use, transmit or reproduce all or part of the communication tools or written material intended to promote the products, on the website (Name) or social networks.
VI.INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
The seller undertakes to process the personal data of the customer or User for professional purposes and for its contractual missions.
The Customer or User has a right of access, rectification, portability and deletion of their data, or limitation of processing, in accordance with the French Data Protection Act of January 6, 1978, as amended, and European Regulation No. 2016/679/EU of April 27, 2016 (applicable as of May 25, 2018). Any complaint in this regard should preferably be made directly to the seller, in order to find a suitable solution.
In the event of a dispute, any user may freely report it to the CNIL, together with the legal information in their possession on the identity of the seller; in the Preamble to these general terms and conditions of sale.
Personal data will be kept and used for a maximum of 3 years from the date of first receipt.
VII.CUSTOMER SERVICE
The customer account includes a shopping cart and order tracking area.
The customer basket is used to record the products that the customer wishes to purchase, and to list them with a view to placing an order. The shopping cart does not store products for more than 48 hours, and does not constitute a reservation of items. No recourse will be accepted in this respect.
To confirm an order, the customer must fill in fields concerning delivery and billing address, method of payment, personal details and delivery method.
In the customer area, after placing an order, the customer can consult his invoice, order form and past orders.
In order to improve the services and products offered online, the seller reserves the right to use statistical feedback from its services for professional purposes (on its communication media, to produce a commercial analysis report on its practices, etc.).
The seller may return to the customer after an order has been placed, offering to fill in a customer satisfaction questionnaire, which will be used solely for professional purposes, and in compliance with the personal data protection policy set out in this document.
The customer may also be asked to leave a comment online about the products ordered, customer service, product quality, etc.
VIII.TERMINATION OF THE COMMERCIAL RELATIONSHIP
These general terms and conditions of sale are governed by French law.
All the clauses of these general terms and conditions of sale are independent of each other, and the nullity of one of the clauses does not entail the end of validity of the other clauses of the general terms and conditions of sale.
For physical products
The right of withdrawal is applicable within 14 days of the order, for products returned in good condition and according to the applicable procedure, on request, by e-mail, to: hello@lovynkkosmetik.com
To retract, the customer must return a retraction form, in accordance with the current Hamon Law, as follows: “For the attention of (Company name / Registered office / Contact details)
I, the undersigned ___, hereby inform you that I wish to withdraw from the contract concerning the sale of the following products : ____________ ”
No retraction is possible, according to the French Consumer Code, when the products sent have been opened,, for reasons of hygiene and consumer health protection “The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection”.
For digital products
The right of withdrawal does not apply to digital products immediately unsealed after shipment.
Date of last update: November 27, 2023