General Conditions of Sale
Last update : 15 december 2020.
2. PURPOSE – SCOPE OF APPLICATION – OPPOSABILITY
3. ONLINE ORDER AND CONCLUSION OF THE SALE
- 1. Enter the address of the Site;
- 2. Follow the instructions of the Site and in particular, the instructions necessary for opening a customer account in accordance with Articles 3.1 to 3.3;
- 3. After accessing their customer account using their username and password, fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Product(s) made by the Buyer before this inactivity is no longer guaranteed. The Buyer is then invited to repeat their selection of the Product(s) from the beginning;
- 4. Check the items of the order and, if necessary, identify and correct any errors;
- 5. Accept the General Conditions of Sale according to a process that ensures the integrity of the Buyer's consent. As such, the Buyer is first of all invited to read the General Conditions of Sale; the acceptance of these is then effected by an action on their part according to the technique known as the "click" of the Internet user, the equivalent for a smartphone or tablet app being a “finger tap". By clicking on the box "I have read the General Conditions of Sale and I adhere to them", the Buyer declares to have accepted all the provisions of the General Conditions of Sale, which are enforceable upon them from this moment onward.
- 6. Confirm the order, the price including all taxes as well as the price of delivery costs. The confirmation of the order and thus the obligation of the online payment thereof, is effected by an action on the part of the Buyer according to the technique known as the "click" of the Internet user, the equivalent for a smartphone app being a ‘finger tap'. By clicking on the “Order” button, the Buyer explicitly acknowledges their payment obligation.
- 7. Follow the instructions of the online payment server to pay the total amount of the order.
3.5. The Buyer then receives an electronic confirmation of acceptance of payment for the order. The Customer also receives electronically an acknowledgment of receipt confirming the order.
3.6. When following the various steps of the above-mentioned order, the Buyer undertakes to comply with these contractual conditions by application of Article 1316-1 of the French Civil Code. Any order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will take place within the context of a possible exchange and the guarantees mentioned below.
3.7. The Seller undertakes to honour the order only within the limits of the availability of the Products. In the absence of availability of the Products, the Seller undertakes to inform the Buyer thereof. The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
3.8. In certain cases, in particular non-payment, incorrect address or other problem on the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
3.9. In accordance with Article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Buyer concerning the payment of a previous order.
3.10. For any question relating to the follow-up of an order, the Buyer must call 01 41 38 38 00 Monday to Friday from 9:30 am to 12:30 pm and 2:00 pm to 5:30 pm (cost of a local call).
4. ELECTRONIC SIGNATURE
5. PROOF OF THE TRANSACTION
6. PRODUCT INFORMATION
7. PRODUCT AVAILABILITY
9. PAYMENT CONDITIONS
10. DELIVERY OF THE ORDER
|Mainland France||Order < 35€||Order > 35€||Order > 75€|
|Corsica||Order < 35€||Order > 50€||Order > 75€|
Delivery exclusively by
|Order > 35€||Order > 35€||Order > 75€||Order > 100€|
|Belgium, Germany, Netherlands||10€||10€||10€||10€|
|Spain, Portugal, Italy||10€||10€||10€||10€|
Les tarifs de livraison de chaque commande expédiée au titre d'un panier composé uniquement de masques lavables sont les suivants :
|France||Commande < 40€||Commande < 75€||Commande > 75€|
10.4. Delivery by Mondial Relay - The carrier sends an email to the email address registered on the customer account in order to notify the Buyer of the arrival of their package at the parcel pick-up point selected when placing the order. The packages are available to the Buyer for a period of 14 calendar days during the opening hours of the parcel pick-up point selected when placing the order. Any packages not collected by the end of this period are returned to the Seller.
The return of the order to the Seller due to failure by the Buyer to collect within the time limits indicated, results in the cancellation and reimbursement of the order to the Buyer with the exception, where applicable, of delivery costs billed to the Buyer at the time of the order and minus the costs of returning the package to the Seller.
In the event that the Buyer wishes to receive the order that was not collected at the parcel pick-up point, they are invited to proceed with a new order on the Seller's online store. The delivery costs related to this new order will be borne as per the conditions laid down in this clause.
The Buyer undertakes to verify the conformity of the Products and their order as per the conditions laid down in Clause 12.
10.5. Home delivery - The Buyer undertakes to be present on the date and at the place agreed for delivery. In case of absence, the deliverer will leave a calling card in the letterbox. If the Buyer does not collect their package, the Seller will be entitled to charge the Buyer for the cost of the next delivery. The Buyer undertakes to verify the conformity of the Products and their order as per the conditions laid down in Clause 12.
10.6. Delivery times - except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the Site’s home page, the delivery times will, within the limits of the availability of the Products, be those indicated on the Site before confirmation of the order by the Buyer. The dispatch times run from the date of registering the order indicated on the order confirmation email. Delivery times vary depending on the delivery method selected by the Buyer when placing their order. These are provided for information purposes only and correspond to the average processing and delivery times:
- Mondial Relay : Between 3 and 6 working days
- Chronopost : Between 1 and 3 working days
In the event of a dispatch delay or stock expiry, the restocking time varies between 3 to 15 days depending on the Product. Delivery times will only begin from the date of payment of the order. We invite you to consult your tracking number sent by the Seller to the email address attached to the Buyer's customer account when confirming the dispatch.
11. LATE DELIVERY
11.1. In the event of late delivery and as per the legal provisions and subject to the provisions of Clause 14, the Buyer has the option of cancelling their order by sending a registered letter with acknowledgment of receipt to the address appearing in the Legal Notice of the Site and accompanying this same with the order form issued by the Seller, but only after having given notice to the Seller, by registered letter with acknowledgement of receipt, of the obligation to honour the order within a reasonable timeframe. If these conditions are not complied with, the cancellation request cannot be taken into consideration and the Seller will be released from any liability vis-à-vis the Buyer.
11.2. The order, where applicable, is considered cancelled upon receipt by the Seller of the letter by which the Buyer notifies the Seller of their wish to cancel their order, insofar as the delivery has not taken place between the dispatch and reception of this letter.
11.3. Payment on order does not constitute a sale with a deposit, so that the Seller will only be required to reimburse the sums debited at the time of the order. The Seller undertakes to reimburse the Buyer by bank transfer to the account used to pay for the order within a period of 14 days of reception of the letter by which the Buyer notifies the Seller of their wish to cancel the order.
12. RECEPTION OF THE DELIVERY
12.1. Prerequisite - Delivery will only take place after confirmation of payment for the order by the Seller's banking entity.
12.2. Access difficulties - The Seller cannot be held responsible for delivery problems resulting from difficulties accessing the place of said delivery. The consequences of these difficulties are borne by the Buyer. The Seller cannot therefore be sued for damages caused in these cases, and the additional costs related to access difficulties will be payable by the Buyer. It is the Buyer's responsibility to ensure that the premises are accessible to the goods to be delivered. The deliverers are the only ones authorized to judge access difficulties and reserve the right not to take a parcel up the stairway, not to go through windows, etc. In the event that delivery could not be made due to access difficulties, the delivery costs, the costs of returning to our warehouses and/or the representation costs will be borne entirely by the Buyer.
12.3. Obligation of the Buyer upon reception of the Products - The Buyer undertakes to check the conformity of the order upon its reception. The Buyer must also ensure the conformity of the Product received and its condition before signing the delivery slip.
12.4. In the event of an anomaly concerning the delivery, the Buyer has a period of three (3) working days from the date of delivery of their order to give notice of their reservations in the form of detailed, dated, explicit observations (damage, Product missing compared to the delivery slip, damaged package, broken Products, etc.) accompanied by the delivery slip, and to send these same by registered letter with acknowledgment of receipt to the carrier and a copy of this letter by registered letter with acknowledgment of receipt to the Seller at the address indicated in the Legal Notice of the Site.
12.5. If the Products need to be returned to the Seller, these same must be the subject of a return request to the Seller within seven (7) days of delivery. Any complaint made after this period cannot be accepted. The return of the Product can only be accepted for Products in their original condition and which are unsealed (packaging, etc.), the Buyer committing to return the Products under conditions which ensure their preservation.
12.6. Any complaint not made by the methods and deadlines defined above cannot be taken into consideration and will release the Seller from any liability vis-à-vis the Buyer.
13. PRODUCT GUARANTEE
13.1. The Buyer benefits from the legal guarantee of conformity in accordance with the provisions and terms of Articles L. 211-4 and following of the French Consumer Code.
13.2. The Buyer also benefits from the legal guarantee against hidden defects in accordance with the provisions and terms of Articles 1641 and following of the French Civil Code reproduced below:
Article 1641 of the French Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer, had they known about them, would not have acquired it or would have only done so at a lower price.”
Article 1642 of the French Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince themself."
Article 1643 of the French Civil Code: “The seller is liable for hidden defects, even though they would not have known about them, unless, in this case, they had stipulated that they will not be bound by any guarantee."
Article 1644 of the French Civil Code: "In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded or keeping the item and having part of the price paid refunded, the latter being arbitrated by experts."
Article 1647 of the French Civil Code: “If the item that had defects perished as a result of its poor quality, the loss is the responsibility of the seller, who will be liable towards the buyer for the refund of the price and other compensation explained in the two preceding articles.But loss occurring by fortuitous case will be payable by the buyer."
Article 1648 of the French Civil Code: “The action resulting from latent defects must be brought by the buyer within two years from discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity."
13.3. Any claim under the guarantees provided for in Clauses 13.1 and 13.2 must be sent to the Seller by registered letter with acknowledgment of receipt to the Seller’s address indicated in the Legal Notice of the Site accompanied by the order form issued by the Seller. The complaint must take the form of detailed, dated, explicit observations of the non-conformity and/or the latent defect observed. If these fail to be provided, the complaint cannot be taken into consideration and the Seller will be released from any liability vis-à-vis the Buyer.
14. RIGHT OF WITHDRAWAL
14.1. The Buyer has a period of fourteen (14) working days from the date of delivery of their order to return any item that does not suit their needs and to request an exchange or a refund. This right of withdrawal is exercised without penalty, it being understood that the return costs are payable by the Buyer. In the case of an exchange, the re-dispatch will be payable by the Buyer. The exercise of this right is carried out by means of an email sent to firstname.lastname@example.org or by through the contact page http://www.loveandgreen.fr/nous-contacter/ on the Site www.loveandgreen.fr. From the date of exercise of their right of withdrawal, the Buyer has fourteen (14) days to return the Products. In the event that the items are returned after the aforementioned deadline, no refund will be made.
14.2. Given the nature of the Products sold by the Seller, only Products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale, will be accepted back. Any incomplete, spoiled, or damaged Product or whose original packaging has been unsealed, damaged or thrown away, will not be refunded, or exchanged.
14.3. In the event of a refund request, the Seller undertakes to refund the Buyer at the latest within fourteen (14) days of the date on which the right of withdrawal was exercised. The refund may be deferred pending receipt by the Seller of the Products returned by the Buyer. The Buyer will then be refunded for the amount of their order and, where applicable, the delivery costs applied to the order, up to a limit of four (4) euros, which corresponds to the standard delivery costs (parcel pick-up point) offered by the Seller. The refund is made by transfer to the bank account used to pay for the order.
The Seller offers the sale of its Products through a subscription offer for regular deliveries of the Products selected by the Buyer, which allows the latter to benefit from a reduction on the sale price of the Products offered on the Seller’s online store.
The Products are sold under the conditions provided for in these General Conditions of Sale, subject to the specific provisions stipulated in this clause.
To subscribe to the subscription offer marketed by the Seller, the Buyer must have a customer account open on the Buyer's online store as per the conditions laid down in Clause 3.1 hereof.
Three types of subscriptions are offered by the Seller: the nappies subscription, the pull-on nappies subscription and the feminine hygiene subscription.
15.1. Nappies subscription - The nappies subscription allows the Buyer to benefit from regular deliveries among all the items marketed by the Seller within their online store. The Buyer has the option of choosing from three (3) delivery frequencies: 3, 4 or 5 weeks. The frequency can be amended at any time subject to the conditions laid down in Clause 15.5 hereof.
15.2. Pull-on Nappies subscription - The pull-on nappies subscription allows the Buyer to benefit from regular deliveries among all the items marketed by the Seller in their online store. The Buyer has the option of choosing from three (3) delivery frequencies: 3, 4 or 5 weeks. The frequency can be amended at any time subject to the conditions laid down in Clause 15.5 hereof.
15.3. Feminine Hygiene subscription - The feminine hygiene subscription allows the Buyer to benefit from exclusively quarterly deliveries among all the items marketed by the Seller. Each quarterly delivery must include a minimum of twelve (12) Products that the Buyer selects when taking out the subscription.
15.4. Registering for the subscription - The Buyer is invited to go to the subscription section and choose the one to which they wish to subscribe as well as the delivery frequency.
15.5. Ordering and availability of Products - Once the Buyer has subscribed to the subscription offer of their choice, the Products selected during the subscription will be ordered and delivered automatically at the frequency chosen at the time of subscription, without any further action by the Buyer.
At least four (4) days before sending their order, the Buyer receives an email to the address associated with their customer account informing them of the upcoming dispatch of their order and inviting them, if applicable, to go to their customer account to cancel or amend it. Any amendment or cancellation made less than forty-eight (48) hours before the date scheduled for the dispatch of the order cannot be taken into account for the order concerned.
15.5. Price, payment, and renewal - For each order placed via the subscription plan, the Buyer will be invoiced for the price of each Product applicable on the day the order is processed by the Seller minus the amount of the applicable reduction attached to each Product.
The subscription offer is only valid for orders that can be delivered periodically for a unit minimum of €66 including tax (discount included) for the nappies and pull-on nappies subscription and €31.50 including tax (discount included) for the feminine hygiene subscription.
The Buyer has the possibility of amending the Products included in their subscription as per the conditions laid down in Clauses 15.1 and 15.4 hereof. The Buyer has the option of ordering one or more additional Products outside the subscription, which may be delivered concurrently with the order placed under said subscription.
The total amount of each order will be taken from the bank account registered when taking out the subscription. As such, the Buyer must ensure that their bank details are up to date and commit to updating them via their customer account. In the event that the Seller is unable to withdraw the amount of the order using the bank details provided by the Buyer, the subscription will be frozen.
15.6. Delivery - The subscription offer marketed by the Seller is available only for deliveries in mainland France and Corsica.
When subscribing to the subscription, the Buyer chooses to have delivery made either by Mondial Relay or by Chronopost.
The delivery costs vary depending on the subscription offer selected by the Buyer, the location and delivery method chosen, and the cost of each order dispatched under the subscription. The delivery rates are summarized in the tables below, which vary according to the delivery area of the order. If the desired place of delivery of their order is located in a difficult to access area, the Buyer will be informed of this same at the order summary stage and before payment of the order. Areas deemed difficult to access, which are particularly, but not exclusively, mountainous areas and highly isolated areas, are indicated when the Buyer enters the delivery address at the time of placing the order.
The delivery rates for each order dispatched under the nappies subscription are as follows:
|Mainland France||Nappies or pull-on nappies subscription|
|Corsica||Nappies or pull-on nappies subscription|
The delivery rates for each order dispatched under the feminine hygiene subscription are as follows:
|Mainland France||Order < 35€||Order > 35€||Order > 75€|
15.7. – Amendment, freezing or cancellation of the subscription - The Buyer has the possibility of amending the Products included in their subscription as per the conditions laid down in Clause 15.5 hereof. The Buyer can also cancel their subscription at any time or freeze it for a period of three (3) months. In the event of freezing, the subscription will be resumed, and the Products selected under the subscription will be delivered without further action by the Buyer. In such a case, the reduction applicable for the subscription will be that which is in force on the day of dispatch of the order at the end of the freezing period.
Any amendment, freezing or cancellation of the subscription will not apply to the order if it occurs less than four (4) days before the date scheduled for its dispatch.
The Seller reserves the right, at any time, to cancel the subscription(s) taken out by the Buyer. In this case, the Buyer will be informed by e-mail sent to the email address registered in the Buyer's customer account. The Buyer will only be invoiced for orders under the cancelled subscription that have already been dispatched.
The subscription taken out by the Buyer will remain in effect until it is cancelled.
15.8. Amendment of subscription conditions - The conditions relating to subscriptions and Products (including prices, price reduction and availability) are subject to amendment. Each order made as part of the subscription will be subject to the conditions relating to the Products and subscriptions applicable at the time it occurs.
16. EXCHANGES AND RETURNS
In addition to the withdrawal period available to the Buyer as per the conditions laid down in Clause 15, the Buyer has a period of three (3) months to request the refund or exchange of one or more Products. In this case, the return costs are payable by the Buyer and the delivery costs relating to the order of the returned Products are not refunded. Any request for exchange or refund is made by sending an email to: email@example.com or by calling 01 41 38 38 00.
The Buyer has a period of fifteen (15) days from the request for exchange or refund to return the Products, which must be accompanied by the return form or the exchange form. If the Products are not returned within the aforementioned period and/or in the absence of the return form or the exchange form, no refund or exchange will be accepted.
In the event of a refund request, the Seller undertakes to reimburse the Buyer within twenty (20) days of the date on which the refund was requested, subject to reception of the Products to be exchanged. In the event of an exchange request and subject to available stocks, the Seller undertakes to send the Products within twenty-five (25) days of their exchange request, subject to reception of the Products to be exchanged.
The refund is made by transfer to the bank account used to pay for the order. The exchanged Products will be dispatched to the delivery address of the order concerned.
17. FORCE MAJEURE
17.1. The Seller will be entitled to suspend the performance of their obligations under the General Conditions of Sale, in the event that this performance is prevented or made unreasonably onerous due to force majeure or fortuitous cases. For the purposes hereof, cases of force majeure or fortuitous cases are considered to be events independent of the parties, which these same could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as the occurrence of these same renders it totally impossible to fulfil the obligations. In particular, the following are considered to be force majeure or fortuitous cases that serve to release the Seller from their obligations under the General Conditions of Sale: strikes by all or part of the Seller's staff, or of its usual suppliers or carriers or the opening with regard to them of a judicial reorganization or similar procedure, cases of fire, flood, storm, war, riot, insurrection, seizure, embargo, energy restrictions, currency or export restrictions, natural disaster, act of terrorism, roadblock, freeze-up, epidemic; production stoppages due to fortuitous breakdowns, the impossibility of being supplied with components or energy attributable to the Seller's suppliers.
17.2. In such circumstances, the Seller will notify the Buyer as soon as possible and in writing, in particular by email. The contract is then automatically suspended without compensation, from the date of occurrence of the event.
17.3. If the event were to last more than sixty (60) days from the date of its occurrence, the sales contract entered into by the Seller and the Buyer may be terminated, without the Buyer being able to claim award for damages. This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt cancelling the said sales contract. The sums paid to the Seller by the Buyer prior to the date of the occurrence of the event of force majeure at the origin of the termination of the contract will remain fully acquired.
18. DATA CONFIDENTIALITY
18.1. The collection of the Buyer's personal data necessary for the processing of their order by the Seller is subject to a declaration to the CNIL (French National Commission for Information Technology and Civil Liberties).
18.2. The Seller undertakes that the collection, processing, and storage of personal information are carried out through the Site in accordance with French Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms known as the “Data Protection Act” for a period justified by the purpose of their processing.
18.3. When the Buyer consents to communicate individual personal data, they have an individual right of access, withdrawal, and rectification of these data under the conditions provided for by Law No. 78-17 of 6 January 1978. The Buyer must send any written request to the following address: LOVE & GREEN - 15, boulevard Marius Vivier Merle, LYON (69 003).
18.4. When creating their customer account on the Site, the Buyer will have the possibility of choosing whether they wish to receive offers from the Seller and their partners. The Buyer's consent to the processing of their personal data is requested when creating their customer account by an action on their part according to the technique known as the "click" of the Internet user, the equivalent for a smartphone app being a “finger tap”. By clicking on the box "I wish to receive offers from the Seller and its partners", the Buyer declares that they accept that their personal data be transmitted to third parties for commercial purposes.
19. INTELLECTUAL PROPERTY RIGHTS
19.1. The Seller's brand LOVE & GREEN, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images, and logos appearing on the Products, their accessories, and their packaging, whether registered or not, are and will remain the Seller’s exclusive property. Any total or partial reproduction, modification or use of these brands, illustrations, images, and logos, for any reason and on any medium whatsoever, is strictly prohibited unless express prior consent is given by the Seller. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model, and patent which are the Seller’s property.
19.2. The affixing of a hypertext link to the Site www.loveandgreen.fr is strictly subject to written authorization from LOVE & GREEN, on simple request addressed to LOVE & GREEN - 147, Avenue Paul Doumer, RUEIL-MALMAISON (92 500 ) or by email at firstname.lastname@example.org
20. PARTIAL NON-VALIDATION
If one or more stipulations of the General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity, force, and scope of application.
21. APPLICABLE LAW
The General Conditions of Sale are subject to the application of French law, with the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as for rules of form. In the event of a dispute or complaint, the Buyer will first contact the Seller to obtain an amicable solution. Failing this, the Buyer may initiate proceedings before the court of their choice.