Terms of sale

General conditions of sale applicable on the sitehttps://www.lovher.com/

Effective: 01/05/2024

PREAMBLE

Before purchasing any products on the website www.lovher.com, we thank you for reading the instructions for use and the precautions for use relating to each product.

The use of LOVHER food supplements requires an appropriate lifestyle. The products are not medicines and cannot be used as substitutes for a varied and balanced diet and a healthy lifestyle.

For any person who is pregnant, undergoing any medical treatment or in the event of a particular nutritional or dietary regime, pathology, allergy, food intolerance, medical treatment, health problem of any kind or in the event of doubt about your state of health, we recommend that you first seek advice from a health professional.

We do not guarantee any obligation of results regarding the effects of the products for the customer.

These General Terms and Conditions of Sale are concluded between, on the one hand, BLOOM, SAS with capital of €10,000 registered with the RCS of Paris under number 914908322, having its registered office at 39, rue Vivienne 75002 Paris (hereinafter referred to as "LOVHER") and, on the other hand, any person having made a purchase on the site www.lovher.com, hereinafter referred to as "the Customer". Any purchase on the site www.lovher.com (hereinafter the "Site") automatically entails acceptance of all of these conditions.

The Site is an e-commerce platform, which allows Internet users to purchase products relating to well-being, health and beauty, in particular plants and food supplements.

LOVHER can be contacted at the following contact details, in particular for any complaints:

Postal address: 39 rue Vivienne, 75002 Paris

Email address:info@lovher.com

ARTICLE 1: DEFINITIONS

Customer: means any user who purchases a Product through the Site and/or who has a personal account on the Site.

Order: means the process of the Customer selecting the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered as well as the delivery options and when they have paid the amount to be paid. Once finalized, the Order is taken care of by LOVHER who will proceed with the shipment of the Products ordered in accordance with the terms of these General Terms and Conditions.

CONTRACT: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. Consequently, the Customer waives the right to rely on any contradictory document which would conflict with the Contract, and which would therefore be unenforceable against LOVHER.

Personal data: means all personal information relating to the Client, a natural person, provided by him/her when placing the Order.

Parts: jointly designates LOVHER and the Users of the Site.

Products: means the products available for sale on the Site.

User: means any natural or legal person accessing the Site whether or not they are a Client.

 

ARTICLE 2: PURPOSE OF THE GTC AND CURRENT VERSION

2.1. The purpose of these General Terms and Conditions is to define the conditions under which Users may access the Site, place Orders and manage the relations between LOVHER and Users, including all rights and obligations arising therefrom.

2.2. They apply in the relations between Users among themselves and between Users and LOVHER. All Users undertake to comply, without restriction or reservation, with these General Terms and Conditions, whether they visit the Site or place an Order. The General Terms and Conditions are notified to Users for acceptance prior to any Order on the Site.

2.3. LOVHER is free to modify these T&Cs at any time and without notice, in particular to take into account any legal, jurisprudential and/or technical developments. LOVHER will inform the User by any means, who must accept the new T&Cs.

In any event, the fact that the User continues to use the Site after being informed of the modification of the T&Cs implies acceptance of the modifications to the latter by the User. Successive versions of the T&Cs will be accessible from the Site.

2.4. The version of the T&Cs that prevails is the latest version available on the Site.

2.5. The version applicable to an Order is the one in force on the date the latter is placed. Each new Order requires the acceptance of the T&Cs by the Customer, which the latter acknowledges and accepts. If Users do not accept the T&Cs or their subsequent modifications, they must refrain from using the Site.

2.6. The User declares to have obtained from LOVHER, prior to his Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of Products as well as their suitability for his needs.

2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.

 

ARTICLE 3: PRICE

All prices presented on the Site are in euros, all taxes included. LOVHER reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of his Order.

 

ARTICLE 4: PRESENTATION OF ARTICLES

The User is informed that photographs of the Products appear on the Site, which he/she may consult freely. LOVHER guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves, or using artificial intelligence software. LOVHER makes its best efforts to ensure that the photographs of the Products are as consistent as possible with the Products actually delivered to the Customer (in particular the color of the Products). However, LOVHER cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site. Furthermore, LOVHER strives to present and describe its Products as accurately as possible. However, subject to providing a faithful presentation of the essential qualities of its Products, LOVHER cannot guarantee the exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: info@lovher.com The User declares that they are fully aware of the provisions of this article, and expressly accepts from now on not to hold LOVHER liable in this regard, subject to the application of mandatory legal provisions (guarantee of conformity in particular).

 

ARTICLE 5: ORDER

The User may browse the Site without any obligation to purchase. In order to place an Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket.
The creation of a personal account on the Site is not necessary to place an Order. However, some of the Customer's personal data is required for the proper execution of the Order by LOVHER. If the Customer wishes, he/she has the possibility of creating a personal account allowing him/her, in particular, to follow the history of his/her Orders on the Site and to find the corresponding confirmations and invoices. Some of the Customer's personal data is required to proceed with the creation of a personal account. The Customer is required to provide complete, up-to-date and fair information, and LOVHER cannot be held liable in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he/she has placed, which he/she expressly acknowledges. The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges. Once the Order is finalized, the handling is confirmed by LOVHER by sending an email to the Customer at the address indicated when placing the Order.

The Order is validated once payment has been made in full and received by LOVHER.

LOVHER will send the Customer an invoice by email to the address provided when placing the Order. The Customer is advised to save or print their invoice and keep it. LOVHER undertakes to honor validated Orders, within the limit of available stocks.

In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The Customer will have the choice of being reimbursed for the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog). In any event, LOVHER cannot be held responsible for any damage suffered by the Customer, nor liable for any damages. LOVHER may modify at any time the assortment of products offered for sale on the Site, without prejudice to the Orders placed by the Customer.

 

ARTICLE 6: DELIVERY

The delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order. They will appear on a specific line and separate from the one specifying the price of the Products. It is expressly specified that the amount of the delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts. The delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. The delivery times exclude Saturdays, Sundays and public holidays. In application of article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the time specified during the Product Order process and before validation of said Order. The delivery times are also recalled in the Order confirmation email sent to the Customer. The delivery times include the preparation and dispatch of the Order, as well as the time taken to deliver the Products to the delivery point (the Customer's postal address or relay point). In the absence of an indication on the Site of a delivery time for the Products, LOVHER undertakes to deliver them within a maximum of 30 (thirty) days from the Order validation email sent to the Customer by LOVHER. In this case, the Products concerned are delivered within the time indicated on the Site and recalled at the time of the Order. However, LOVHER uses external service providers (carriers, postal services, etc.) for the delivery of the Products, LOVHER is entirely dependent on these third-party service providers. The delivery times indicated on the Site may therefore be impacted by the service providers without LOVHER being responsible for these delivery delays and the consequences that may result. When delivery is made against signature, this constitutes proof of the proper receipt of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to receive the Order and to affix his signature on any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.

 

ARTICLE 7: PAYMENT

The Customer pays on the site www.lovher.com by bank card from the Visa, Mastercard, Maestro and American Express networks via the secure payment platform by Paypal.

● Payment via Paypal: the payment terms are specific to the platform of the payment service provider Paypal, and are independent of LOVHER, which does not intervene in any way in the use of said service. All the conditions and terms related to payment via the Paypal payment solution are governed by the General Conditions of Use of this service, accessible at the addresshttps://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, which apply concomitantly to these General Terms and Conditions. LOVHER does not store any of the Customer's bank details, subject to the provisions below. LOVHER cannot be held responsible for any malfunction occurring on the Paypal payment platform. By accepting these terms and conditions, the Customer also agrees to be bound by the General Terms and Conditions of Use of Paypal, accessible at the above address. These may be subject to modifications by Paypal only. Under no circumstances may LOVHER modify the General Terms and Conditions of Use of Paypal, a service provider over which it has no control.

 

ARTICLE 8 - WITHDRAWAL

In application of articles L.221-5 and following of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging is deteriorated will not be taken back), to request a refund without penalty.

In particular, LOVHER will not refund products whose tamper-evident label has been removed and/or cut out.

The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other element allowing the identification of the Order in question, and its holder.

The return of the Product is carried out at the Customer's own risk. If the package is lost, stolen or damaged during the return of the product, LOVHER reserves the right to refuse to reimburse the returned product(s).

Only the Customer identified as such with LOVHER may exercise this right, to the exclusion of any other person, and in particular the person to whom the delivery is addressed. The return address is: BLOOM, 39 rue Vivienne, 75002 PARIS

 

ARTICLE 9 – PERSONAL DATA

9.1. Personal data is collected by LOVHER when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility of placing an Order as a "guest". In addition, personal data is collected through cookies. This type of collection is envisaged in article 9.2 below. When placing an Order, certain personal data must be provided by the Customer and collected by LOVHER. This includes the Customer's surname, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account. In addition, the Customer can create a personal account using the Facebook Connect interface. In this case, the Customer authorizes LOVHER to collect the personal data contained in the public profile and the email address associated with the Customer's Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts Facebook's general conditions of use, in addition to these terms and conditions, accessible at the following address:https://www.facebook.com/terms. This personal data is subject to automated processing for the purposes of managing the Order and LOVHER's customer base, as well as for commercial prospecting, and for statistical purposes. It may be transmitted to LOVHER's business partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts. In addition, as part of the online payment services used by LOVHER, these services collect certain personal data belonging to Customers on behalf of LOVHER. Said data is kept for the period necessary for the purposes for which it is collected and processed, namely for the fulfillment of the Order placed by the Customer, unless: - a longer retention period is authorized or imposed by a legal or regulatory provision; - the Customer has exercised, under the conditions provided for below, one of the rights granted to him by law. In addition, when the Customer has created a personal account, the personal data communicated for this purpose are retained until the account is deleted, which may be requested from LOVHER under the conditions described below. Subject to the express acceptance of the Customer by means of check boxes, the Customer's email address may also be used by LOVHER for the purposes of registering and sending a newsletter and/or transmitting promotional offers. In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, the Customer may change their choice by contacting LOVHER under the conditions mentioned below or by using the unsubscribe links provided in the messages. Access to personal data is strictly limited to LOVHER employees, authorized to process them due to their duties. The information collected may possibly be communicated to third parties linked to LOVHER by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, within the framework of the execution of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, LOVHER undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the Client, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.). In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978, as amended, relating to information technology,to files and freedoms and European regulation n°2016/679/EU of April 27, 2016, the User benefits from a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him. He may thus demand that personal data concerning him that are inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to LOVHER's legal obligations. The User may also, under the right to the portability of his personal data, recover his personal data for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning him/her, and request the limitation of data processing. To exercise these rights, the User must send a request to the following postal address BLOOM, 39 rue Vivienne, 75002 Paris, or by email toinfo@lovher.com indicating his/her first and last name. LOVHER may ask the User to prove his/her identity, by attaching to his/her request any necessary document, in particular a copy of his/her identity card or passport. LOVHER will implement the means at its disposal to process requests relating to Users' personal data. In the event of a security breach of the Site or loss of personal data relating to Users, LOVHER will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security. Users also have a right to lodge a complaint, which they can exercise with the national supervisory authority, namely the CNIL. To obtain more information about their rights, Users can click on the following link:https://www.cnil.fr/fr/comprendre-vos-droits. 9.2. LOVHER may set up cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site. Cookies installed by LOVHER are deleted from the Client's computer terminal after a period of 13 months. The User may object to their installation and/or delete them by following the procedure indicated on their browser. As such, LOVHER collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Data Protection Regulation. LOVHER uses these cookies only to establish connection statistics and Users' browsing histories.

 

ARTICLE 10: PURCHASE VOUCHERS / CREDITS

The vouchers sent by LOVHER are valid for 1 year on all Products offered on the Site. The vouchers cannot be combined with each other or with promotional codes.

ARTICLE 11: PROMOTIONAL CODES

Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by LOVHER. These codes are not refundable in the event of an exchange.

 

ARTICLE 12: INTELLECTUAL PROPERTY

Without this list being exhaustive, the brand "LOVHER" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of LOVHER / SAS BLOOM. The systems, software, structures, infrastructures, databases and contents of any nature (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which LOVHER is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of LOVHER is strictly prohibited and may be subject to legal proceedings. Any reproduction or representation, in whole or in part, of the Site or its components, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited. Browsing the Site does not entail any transfer of intellectual property rights to the User. LOVHER grants the User a right to access and consult the Site only, under the terms and conditions provided for in these General Terms and Conditions.

 

ARTICLE 13: LIMITATION OF LIABILITY

13.1 LOVHER declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data that could occur due to the use of the Site. In the event that LOVHER's liability should be established and retained due to damage suffered by the Customer and exclusively to LOVHER, this is limited to the amount of the Order paid by the Customer to LOVHER. 13.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided to him "as is" and is accessible without any guarantee of availability and regularity. LOVHER will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of LOVHER and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or malicious acts or any damage to LOVHER's hardware or software. 13.3. LOVHER may not under any circumstances be held liable for any interruption of all or part of the Site regardless of the cause, duration or frequency of this interruption. 13.4. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded. LOVHER offers no guarantee, either explicit or implicit, as to the operation of the Site, in particular any technical problem that may arise. LOVHER reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access to them, temporarily or permanently. 13.5. LOVHER's liability under the obligations of these General Terms and Conditions shall not be incurred in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of a force majeure event as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of LOVHER. It is agreed that in the event that LOVHER's liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as for example commercial disruption, loss of customers, etc., will not give rise to compensation for the benefit of the User.In any event, LOVHER's liability, in the event of damage caused to the Customer, for whatever reason, will be expressly limited and may not in any case exceed the total amount excluding tax of the Customer's Order made under these terms. 13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by LOVHER. Consequently, LOVHER cannot be held liable in the event of non-compliant use of the Products by the Customer or a third party.

 

ARTICLE 14: LEGAL GUARANTEE

In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee of hidden defects (articles 1641 et seq. of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.

14.1. Warranty against hidden defects.

In accordance with Articles 1641 et seq. of the Civil Code, LOVHER is bound by the warranty for hidden defects in the Products sold that render them unfit or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years of the discovery of the defect. Under the legal warranty for hidden defects, LOVHER, at the Customer's choice, undertakes, after assessment of the defect, either: - to reimburse the Customer for the full price of the Product concerned; - to reimburse part of the price of the Product if the Customer decides to keep it.

14.2. Legal guarantee of conformity.

In accordance with Articles L.217-4 et seq. of the Consumer Code, LOVHER is required to deliver Products that comply with each Customer's Order, namely: - Products that correspond to the description given by LOVHER; - Products that have the qualities that the Customer can legitimately expect given LOVHER's statements. The Customer may bring an action based on a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed upon delivery. As part of the legal guarantee of conformity, LOVHER, at the Customer's discretion, undertakes, after assessment of the defect, either:

- to reimburse him the price of the Product concerned;

- to exchange the Product for a Product that complies with the Order, if possible.

ARTICLE 15: COMPLAINTS - INFORMATION

Any complaints or requests for information relating to these General Terms and Conditions must be sent to Customer Service by email at the following address: info@lovher.com .

ARTICLE 16 – MISCELLANEOUS PROVISIONS

16.1. Partial invalidity

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

16.2. Non-waiver

The fact that one of the Parties does not assert against the other Party a breach of any of the obligations referred to in the General Terms and Conditions may not be interpreted for the future as a waiver of the obligation in question. 17.3. Mediation In the event of a dispute relating to an Order, the Customer must contact LOVHER as a priority, in order to find an amicable solution, by email at the addressinfo@lovher.com.The mediator may only be contacted after the Client has taken prior written steps with LOVHER.
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 out-of-court resolution 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/. 16.4. Applicable law and attribution of jurisdiction These General Terms and Conditions are governed by French law, unless otherwise required. In the absence of an amicable solution and regardless of the origin of the conflict, disputes relating to the execution or interpretation of these General Terms and Conditions will be submitted to the competent courts of Paris, unless otherwise required. For all useful purposes, it is specified that the time limits for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.