TERMS OF SALES

GENERAL

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to any user registering on this website and who is required to expressly accept them in order to do so.

It is therefore imperative that all Customers read the T&Cs as they define the rules for using the Site. Registration on the Site as a Customer implies full and complete acceptance of the T&Cs.

When the Customer initiates his registration and then validates an order with LOVAGAIN on the Site and checks the box "I accept the general conditions of sale", he acknowledges having previously read the GTC and accepts them without restriction.

The legally required notices from website publishers are available on the Legal Notices page.

ARTICLE 1 - PARTIES

The T&Cs constitute a contract which binds:

- Customers holding an Account on the Site, On the one hand,

AND

- The company LOVAGAIN, represented by Steffi VILLEVET duly authorized for this purpose, hereinafter referred to by its trade name “LOVAGAIN”,

On the other hand,

ARTICLE 2 – DEFINITIONS

In the T&Cs, words or expressions beginning with a capital letter have the following meaning:

- Customer: any natural person who registers on the Site in order, in particular, to be able to access information on the articles, purchase articles, deposit articles and benefit from various other services offered by LOVAGAIN, on their Account.

- Account: Secure personalized space accessible only to the user.

- Identifier: the email address allowing a Customer to access their Account on the Site by completing it with their password.

- Service(s): any type of service offered on the Site by LOVAGAIN to Customers and, in particular, the ability to make online purchases of items and access information relating to their current or previous orders.

- Site: this website, notably accessible at the following address: www.lovagain.com.

ARTICLE 3 – PURPOSE

The General Terms and Conditions govern the terms and conditions of the Services, in particular those allowing Customers to make purchases of items for sale on the Site and access information relating to their current or previous orders.

ARTICLE 4 – CONTRACTUAL DOCUMENTS

It is specified that, in the relations between LOVAGAIN and the Client, the General Terms and Conditions supplemented by the Confidentiality Policy and the General Conditions of Use govern all of their contractual relations and apply to the exclusion of any other agreement.

LOVAGAIN advises any person visiting the Site to save or print the T&Cs, without modifying them.

LOVAGAIN reserves the right to modify the T&Cs at any time by publishing a new version of the latter on the Site.

In this case, any order in progress will remain subject to the previous T&Cs. The modifications will come into force as soon as they are posted online on the Site and will therefore be binding on any Customer upon acceptance. In the event of acceptance, any new order and, more generally, the contractual relationship between the Customer and LOVAGAIN will be subject to these modified T&Cs.

Any Customer who does not accept the modified T&Cs will no longer be able to continue to access the Site and the contract will be terminated by application of the “TERMINATION” article.

LOVAGAIN reserves the right to modify, at any time, certain features of the Site or to add new ones which will automatically be subject to these T&Cs.

ARTICLE 5 – ACCESS TO SERVICES

The Services are as follows:

- The creation and management of an Account, individual and deletable at any time by the Client,

- Access to this Account allowing the Customer to use the functionalities put online on the Site, including, in particular, the possibility of placing orders online and accessing information relating to current and previous orders.

The services are reserved for Customers only.

ARTICLE 6 – CREATION OF ACCOUNT

Any Customer wishing to benefit from the Service must first register on the Site by following the instructions on the latter.

It is strictly forbidden for a Customer to register on the Site under multiple identities or under a false identity.

LOVAGAIN reserves the right to remove access to the areas of the Site reserved for the presentation of the Customer's Identifier and, consequently, access to the Services resulting from a Customer whose Identifier is contrary to good morals or is of an illicit nature, without notice or compensation in favor of the Customer, nor prejudice to the rights of LOVAGAIN. The same shall apply in the event of sending to LOVAGAIN any message with similar characteristics.

The registration process cannot be completed if any of the mandatory fields are not filled in or the box "I accept the general conditions of sale" is not checked.

LOVAGAIN reserves the right to ask any Customer to justify the information provided during the registration procedure. This information must be complete and accurate on the date of the Customer's registration on the Site.

In the event of a change to this information, the Customer undertakes to correct it without delay within his Account.

LOVAGAIN cannot verify the identity of Customers or the veracity of the information provided by them. Consequently, the Customer acknowledges that any false information or information that has become false, communicated by him, is likely to incur his liability towards LOVAGAIN.

The Customer chooses his/her Username and password. It is his/her responsibility to regularly change his/her password, from his/her Account.

It is strongly recommended not to choose a password that is a common word, but to alternate numbers and letters, lower case and upper case.

The Customer is solely responsible for his/her User ID and password and for the use he/she makes of them. He/she expressly undertakes to keep his/her password confidential and not to communicate it to anyone under any circumstances. Consequently, the Customer expressly acknowledges that entering any User ID and password constitutes proof of his/her identity and expresses his/her consent to all operations that will be carried out on the Site following his/her identification.

The Customer must ensure that his email address is maintained

valid during the period of registration on the Site at the risk of no longer being able to access it, particularly in the event of loss of password. A Customer's account is strictly personal and therefore cannot be transmitted, by any means whatsoever, to a third party, even free of charge.

LOVAGAIN cannot be held responsible for any damage that Customers may suffer due to the use by a third party of their User ID and password. In the event of loss, misappropriation or fraudulent use of all or part of their User ID and password, the Customer must immediately notify LOVAGAIN.

He remains responsible for any use made of his Identifier and password before having informed LOVAGAIN and that the latter has been able, within a reasonable time, to modify them. In the event that a Customer distributes or uses his Identifier in a manner contrary to its intended purpose, LOVAGAIN reserves the right to terminate the contract and to delete access to the Account as well as the content accessible from it, without notice or compensation. LOVAGAIN may also take legal action to obtain compensation for any possible damages that it may suffer as a result of this distribution or use.

These provisions are expressly considered to be material between the parties.

ARTICLE 7 – DESCRIPTION OF SERVICES

The Customer, like Internet users, may consult the articles presented by LOVAGAIN on the Site. In addition, the Customer may:

- Place one or more orders for items,

- Track the status of your current orders,

- Access their invoices. To place an order for items, the Customer must:

- Follow the instructions on the Site and, in particular, the instructions necessary for connecting to the Account and, where applicable, opening an Account,

- Select the item(s) of your choice, it being specified that it is possible that the selection of items chosen by the Customer may no longer be available depending on the time taken to validate the order.

The Customer will then have to start their selection of items again from the beginning,

- Check the order details and, if necessary, modify the selection of items and/or correct the delivery and/or billing information,

- Validate the order,

- Choose a payment method,

- Follow the instructions of the online payment service to proceed with the secure payment of the order amount.

In the event that the total price of the order exceeds the sum of one thousand five hundred (1,500) euros including tax, validation of the order will be subject, without prejudice to the following paragraph, to material verifications by LOVAGAIN with the Customer.

If this is not met, the order cannot be validated. Once the payment authorization has been validated, the Customer receives a confirmation of acceptance of payment and a confirmation of the order.

ARTICLE 8 – CHARACTERISTICS OF THE ITEMS ON SALE

The items for sale on the Site are second-hand items so that the available stock may be limited to a few copies or even a single copy. Furthermore, it is possible that an item is put on sale both on the Site and on other online sales platforms. The availability of an item may therefore vary depending on the time required to update the Site. The Site is updated approximately every 2 hours.

Consequently, the Customer will be immediately informed by LOVAGAIN, by email, of the unavailability of the item selected when placing an order.

Each item for sale has a sheet describing all of its characteristics such as, in particular, the brand, the material, the size, the color as well as its condition. In this regard, the condition of the item for sale is defined according to the following categories:

- “New condition”: the item is like new, has been stored without being worn, no changes from its original condition,

- “Excellent Condition”: the item has rarely been worn and remains flawless,

- “Very good condition”: the item has been worn little and remains in very good appearance. It may have some defects specified in the description.

- “Good condition”: the item shows signs of wear and tear specified in the description.

- “Fair condition”: the item shows marked signs of wear specified in the description.

ARTICLE 9 – PRICE

The prices of the items on the Site are displayed in euros, all taxes included (TTC), excluding delivery costs and any customs fees. Customs fees and international taxes are the sole responsibility of the Customer, we invite Customers to inquire about the customs regulations in force in their country before finalizing their order.

The validity of the offers of the articles is determined by the update of the Site.

ARTICLE 10 – PAYMENT CONDITIONS

Payment of the price by the Customer is made by one of the following payment methods:

- By bank card (Carte Bleue, VISA, VISA Electron, Eurocard/Mastercard, Maestro),

- By Klarna,

- By bank transfer.

In the event of payment by bank card, the transaction is immediately debited after verification of the Customer's bank card details, upon receipt of debit authorization from the banking institution issuing said bank card.

In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes LOVAGAIN to debit his bank card for the amount corresponding to the price.

To this end, the Customer must confirm, during the payment process, that he is the holder of the bank card to be debited and that the name appearing on it is indeed his.

In the event that the price cannot be debited, the online sale will be immediately terminated by operation of law.

The Customer has the option to pay the price in installments through Klarna, LOVAGAIN's partner. If the Customer chooses this option, he/she will be asked to read and accept Klarna's general terms and conditions. This partner pays the full price to LOVAGAIN, and the Customer will continue his/her payment directly to Klarna. The Customer is informed that this method of payment constitutes a consumer credit, committing him/her to reimbursement.

In the case of payment by bank transfer, a period of three days is granted to receive the payment. If this period is exceeded, the order may be cancelled automatically.

ARTICLE 11 – DELIVERY

11.1 METHODS AND AMOUNT OF DELIVERY

Delivery is guaranteed worldwide except for countries where delivery is materially impossible (border closures, legislation, etc.).

The Customer is informed that delivery costs are his responsibility (excluding exceptional promotional operations).

In this regard, when ordering, the Customer chooses one of the delivery methods offered on the Site.

Shipping costs depend on destination and are indicated at the time of ordering.

11.2 DELIVERY TIMES

Delivery times are as follows:

- Two to three (2-3) working days from validation of the order, for delivery in mainland France and other countries in the Europe zone.

- Three to five (3-5) business days from order validation, for delivery worldwide.

Delivery times are in working days and correspond to average preparation and delivery times.

The Customer will receive an email informing him of the shipment of his order.

In the event of a delay in delivery, the order is not cancelled.

The Customer can follow the progress of the processing of his order on his Account.

11.3 VERIFICATION OF THE ORDER UPON RECEIPT

The Customer is required to check the condition of the packaging and the items purchased upon receipt.

It is the Customer's responsibility to issue any reservations and complaints that he deems necessary, or even to refuse the package, when it is clearly damaged upon delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days following delivery.

The Customer must send LOVAGAIN a copy of the letter addressed to the carrier as well as as much electronic evidence as possible (photos, videos with geolocation and time stamping, for example).

ARTICLE 12 – RIGHT OF WITHDRAWAL

For any order with delivery by carrier, the Customer has a right of withdrawal that he can exercise within fourteen (14) calendar days following the date of receipt of the order. In the event that this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Orders shipped outside Europe do not benefit from the right of withdrawal.

The Customer who wishes to exercise his right of withdrawal must return the items concerned within the aforementioned period to the following address: LOVAGAIN France.

The Customer must return the items in their original packaging and condition, where applicable, accompanied by all accessories, instructions or other documents.

The Customer is duly informed that the items are all protected by means of a “tamper-evident seal” which must only be broken by the Customer if he is certain of using the item purchased.

The Customer must also send an e-mail informing LOVAGAIN of the exercise of his right of withdrawal to the following address: support@lovagain.com

For any purchase made at a physical point of sale (shop, pop-up store, showroom, salon, etc.), the Customer does not have a right of withdrawal. Purchases are neither exchangeable nor refundable.

ARTICLE 13 – WARRANTY

LOVAGAIN is subject to the legal guarantee conditions provided for in articles L.217-7 of the Consumer Code (non-conformity) and 1641 of the Civil Code (hidden defects).

ARTICLE 14 – COMMERCIAL SERVICE

For any information, complaint, question or advice, the Internet user or the Customer can contact the LOVAGAIN Sales Department at the following contact details:

- Mail: LOVAGAIN FRANCE

- Email: support@lovagain.com

Within one year of submitting a request to customer service, the Customer may have their request examined by a mediator in accordance with Article L612-1 of the Consumer Code.

ARTICLE 15 – TERMINATION

15.1 TERMINATION

The T&Cs constitute a contract concluded between LOVAGAIN and the Client taking effect on the date of the Client's registration.

This contract being of indefinite duration, each party may consequently terminate it and, therefore, terminate the Client's registration on the Site, without reason or compensation for the other party, subject to fifteen (15) days' notice when the termination is at the initiative of LOVAGAIN and immediately when the termination is at the initiative of the Client. In the latter case, the Client simply has to click on the "Delete my account" link and confirm the operation.

However, as long as a sale is in progress, the General Terms and Conditions will remain in force; the Customer may no longer proceed with the purchase of a product.

15.2 TERMINATION FOR LACK OF USE OF ACCOUNT

In particular, LOVAGAIN may terminate a Customer's registration on the Site if the Customer does not log in to their Account for a period exceeding two (2) years. The former Customer may, however, re-register.

15.3 TERMINATION FOR FAULT

In the event of non-performance by one of the parties of one of its substantial obligations, the termination of this contract may be notified to it by the other party, fifteen (15) days after a formal notice to remedy the situation, remaining without effect, without prejudice to any damages which may be due.

LOVAGAIN may also, at its convenience, send a notification with the aim of reminding the offending Client of its obligations.

It is specified that LOVAGAIN reserves the right to terminate any contract binding it to a Customer who has provided false information when registering on the Site or who does not comply with its contractual obligations or the laws and regulations in force. In the event of an emergency, the termination of the General Terms and Conditions may be effective immediately, i.e. without any notice or compensation for the benefit of the Customer.

15.4 TERMINATION NOTIFICATION PROCEDURES

In the event of termination occurring at the initiative of the Customer, the latter must click on the “Delete my Account” link then confirm their wish to delete.

In the event of termination or suspension of access rights to the areas of the Site reserved for the presentation of the Client Identifier occurring on the initiative of LOVAGAIN, notification of the alleged contractual breaches as well as any termination of the T&Cs is notified to the Client by email, to the address that the latter will have provided.

15.5 CONSEQUENCES OF TERMINATION

Access to the Customer's Account is then deleted by LOVAGAIN as soon as possible.

ARTICLE 16 – RESPONSIBILITY

LOVAGAIN is only responsible for the content of the pages it publishes and the Services it offers.

LOVAGAIN cannot under any circumstances be held responsible for any damage that may occur to the computer system of an Internet User or a Customer and/or the loss of data resulting from the use of the Site by an Internet User or a Customer.

LOVAGAIN cannot be held responsible for facts other than those relating to the publication of the Site and messages exchanged within the framework of the Services. LOVAGAIN does not guarantee in any way the availability or performance of the Site. LOVAGAIN's liability can only be sought for direct and foreseeable damages, exclusively caused by a failure by LOVAGAIN to fulfill its obligations.

In the event that LOVAGAIN's liability is sought due to a breach by a Client of the obligations incumbent upon it under the terms of the contract binding it to LOVAGAIN or the laws in force, the Client guarantees LOVAGAIN against any convictions pronounced against LOVAGAIN or amicable compensation.

This guarantee covers both any compensation that may be paid, as well as lawyers' fees and legal costs that would be borne by LOVAGAIN.

ARTICLE 17 – FORCE MAJEURE

LOVAGAIN shall not be held liable for any default, delay or non-performance of its obligations under the T&Cs, when such default, delay or non-performance is linked to a case of force majeure.

The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by French case law: total or partial strikes, internal or external to LOVAGAIN, lockouts, wars, attacks, bad weather, blockages of means of communication for any reason whatsoever, computer or server breakdowns, electrical or technical problems blocking telecommunications, failure or malfunction of transmission networks via the Internet and any other case beyond the control of the parties, preventing the normal execution of the T&Cs.

Furthermore, the Client declares that it is aware of the complexity of global networks, the unequal capacities of the different subnetworks, the influx of users at certain times and the different "bottlenecks" at certain locations on the Internet. Since current Internet transmission protocols do not ensure the correct reception of messages and the integrity of the documents transmitted in a certain and continuous manner, LOVAGAIN cannot be held liable in the event of poor transmission due to a failure or malfunction of these transmission networks.

ARTICLE 18 – LANGUAGE OF THE CONTRACT

The French language version of the T&Cs is the only legally valid one and may be produced in court.

ARTICLE 19 – APPLICABLE LAW AND JURISDICTION

The T&Cs are subject to French law. These T&Cs were updated on October 1, 2024.