Terms of Use

General terms and conditions of sale for consumer customers

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale ("the GTCS") determine the rights and obligations of the parties in the context of the online sale of Products offered by the company EP PUBLISHING ("the Company").

1.2 Any Order placed on the website Levona.fr implies prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GTCS are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares having read and accepted them, without restriction or reservation, before placing the Order.

1.3 These GTCS apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that they are a natural person over 18 years of age, acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity. They acknowledge having full capacity to enter into a commitment when placing an Order and undertake to provide truthful information regarding their identity.

1.4 EXCLUSION: Expressly excluded from the scope of these GTCS are persons acting in a professional capacity, i.e., natural or legal persons, public or private, who act for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they act on behalf of or for the account of another professional. Professionals wishing to place an Order with the Company are invited to contact us directly.

1.5 The GTCS applicable to each Order are those in force on the date of payment or the first payment (in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTCS can be viewed on the Company's website at the following address: https://levona/pages/cgv and can be downloaded in PDF format.

1.6 In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has implemented a consumer mediation mechanism. The mediation entity selected is: SAS CNPM - MÉDIATION - CONSOMMATION.
In the event of a dispute, the consumer may file their complaint on the website:
http://cnpm-mediation-consommation.eu
or by mail by writing to:
CNPM - MÉDIATION - CONSOMMATION
27, avenue de la Libération – 42400 SAINT-CHAMOND

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to the Order (1st click).

At this stage, the Customer is redirected to a page containing:

  • A summary of the selected Products, the corresponding prices, and the delivery terms and costs. It is then their responsibility to check and, if necessary, correct the contents of their basket.
  • These GTCS. It is their responsibility to read them carefully before validating the entire Order.

This validation of the Order after checking the basket and reading the GTCS (2nd click) constitutes the conclusion of the Contract, and the Customer acknowledges that the 2nd click entails an obligation to pay on their part.

The Customer is then redirected to the payment page. They can choose between the various payment methods offered and proceed to pay for their Order.

After validating their Order and making their payment, the Customer receives a confirmation message from the Company at the email address provided to create their account. This message contains, in PDF format:

  • The summary of their order (selected Products, prices, delivery terms and costs);
  • The precise identification of EURL EP PUBLISHING and its activity;
  • The Order number;
  • The terms, conditions, and the withdrawal form;
  • These GTCS in PDF format.

In the event that the Order confirmation is not received, the Customer is recommended to contact the Company via the contact form on the site.

The Customer then receives a purchase invoice transmitted electronically, which the Customer expressly accepts.

The Customer is strongly advised to keep this confirmation message and the purchase invoice also sent to them in electronic format, as these documents can be produced as proof of the Contract.

2.2 Cases of refusal to validate the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including, for example:

  • Order not in compliance with the GTCS;
  • Quantities ordered not corresponding to normal use by a consumer Customer;
  • Non-payment of a previous Order or an ongoing dispute regarding a previous Order;
  • Suspicion of fraud regarding the Order (supported by a body of concordant evidence).

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, particularly Lovena.fr. This information includes, where applicable, indications regarding the use of the product.

Although the Company ensures that the specifications are accurate, they are, with exceptions (such as pricing information), provided by the Company's suppliers. Consequently, the Company declines all responsibility in the event of any errors in the specifications.

The specifications are presented in detail and in French. The Parties agree that the illustrations, videos, or photos of the Products offered for sale have no contractual value. The validity period of the Product offer and their prices is specified on the Company's websites.

3.2 Product Availability
Product offers are valid within the limit of the stocks available from our suppliers. Product availability is normally indicated on the specific Product page on Lovena.fr.

However, as the Company does not reserve stocks (except for specific mention for Products indicated as on pre-order on their product sheet), adding a Product to the basket does not guarantee its availability or its price.

In the event of a Product's unavailability after the Order is validated, the Company will immediately inform the Customer by email. The Order will be cancelled, and the Company will proceed with the refund of the price of the unavailable Product as well as any sum paid for the Order.

If the Order contains other Products, these will be delivered to the Customer, but delivery costs will not be refunded.

Article 4 – PRODUCT PRICING

4.1 Reference prices indicated on the sites
The reference price of the Products offered on BlackTrack.fr is the one recommended by the brand, the manufacturer, or its official representative. Failing that, it corresponds to the price generally observed in a panel of retailers distributing the product.

This price is updated as soon as a change is communicated by the brand or manufacturer, or as soon as a price evolution is observed among retailers.

4.2 Changes to prices indicated on the sites
Product prices are displayed on the Product description pages. They are indicated excluding taxes, customs duties, and shipping costs.

The Company reserves the right to change these prices at any time, in accordance with applicable legislation. Products are invoiced on the basis of the rates in force at the time the Order is validated.

4.3 Specific prices for exports outside the EU
For Products shipped outside the European Union:

  • The prices displayed on Lovena.fr are in euros and excluding taxes (excluding VAT and customs duties).
  • These prices exclude import VAT, customs duties, and other local taxes, which are the exclusive responsibility of the Customer.
  • These taxes are owed by the Customer as the recipient of the Products and must be paid directly to the competent authorities.

For Products shipped and delivered within the European Union, the prices displayed include all applicable taxes, including VAT.

4.4 Payment of taxes
For Products shipped outside the European Union, the Customer is responsible for declaring and paying import VAT during customs clearance. The Company does not refund this tax, which falls outside its scope of responsibility.

For orders within the European Union, prices include VAT. Any potential customs duties or other local taxes remain the responsibility of the Customer, who must inquire with local authorities.

Article 5 – PAYMENT FOR PRODUCTS

5.1 Time of payment
Payment for the full price of the Order must be made immediately after its validation.

In exceptional cases, and at the discretion of the Company, payment in installments may be accepted. The Customer may send a specific request to contact@lovena.fr.

5.2 Payment methods
The Company offers several payment methods:

  • Credit card payment:
    Accepted cards are those from banking institutions located in France or international cards (Visa, MasterCard, American Express, Maestro). The Customer guarantees having the necessary authorizations to use their card. Payments are secured via a platform using SSL encryption.

  • Payment via PayPal:
    Payments via PayPal are accepted up to a limit of €1,000. PayPal's General Terms and Conditions apply in addition to these GTCS.

  • Payment by gift vouchers and promotional codes:
    Gift vouchers or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers are valid only once. Any attempt at fraudulent use will lead to the cancellation of the Order.

In the event of a refusal of payment authorization or non-payment, the Company reserves the right to suspend or cancel the Order.

The Company also reserves the possibility of verifying the Customer's identity in certain cases. This procedure may include a request for documents (ID card, proof of address, copy of credit card). The Order will be validated after receipt and verification of these documents.

DELIVERY – CUSTOMS CLEARANCE – RECEIPT 6.1 Delivery Before validating the Order, the Company provides the Customer with information concerning the different delivery methods as well as their respective rates. Following the Customer's choice of delivery method, the Company provides them with an estimated delivery time. The Company will make every effort to ensure that the Product(s) is/are delivered no later than the scheduled delivery date. In case of difficulty, the Company undertakes to communicate promptly with the Customer to inform them and to seek an appropriate solution together. Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs duties are not included in the price invoiced to the Customer by the Company. Depending on the methods chosen by the Customer, delivery will be carried out either to the address mentioned by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore up to the Customer to carefully check the information provided for delivery, as they remain solely responsible in the event of a failed delivery due to incomplete or erroneous information. 6.2 Customs clearance For products shipped outside the European Union at the Customer's request, the Customer purchases the product tax-free and becomes the importer of the purchased product in their capacity as the recipient of the Product. They are therefore, in particular, responsible for the import and customs clearance processes for the product with local customs offices. Depending on the price of their order, they may be asked to pay customs duties (for Products with a customs value exceeding €150). The Customer is solely responsible for the customs declaration process during the Product's customs clearance. These customs duties, which are not invoiced to the Customer by the Company, do not fall under the Company's jurisdiction. The latter cannot therefore be held liable for the reimbursement of these duties. For products shipped from the European Union and if the customer is delivered within the European Union, they are purchasing a product including taxes, including VAT. 6.3. Receipt Upon receipt of the Product, the Customer undertakes to verify that the Product is complete and not damaged. In the event of an anomaly, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after this deadline cannot be processed. Article 7 – WITHDRAWAL 7.1 Principle and period The Customer has the right to withdraw, without giving any reason, within a period of fourteen (14) calendar days from the date of receipt of their Order. In the event of an Order for several Products, the period runs from the receipt of the last Product. In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) and the shipping costs will be refunded, with return costs remaining the responsibility of the Customer. 7.2 Exclusions In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts: Supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and which may occur during the withdrawal period; Supply of goods made to the consumer's specifications or clearly personalized; Supply of goods liable to deteriorate or expire rapidly; Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control; Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency; Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; Concluded at a public auction; 7.3 Procedures for exercising the right of withdrawal To exercise their right of withdrawal, the Customer must inform the Company of their intention to withdraw either by filling out the standard form, a model of which is provided below, or by sending an unambiguous declaration expressing their intention to withdraw within the 14-day period mentioned above. Standard withdrawal form model: For the attention of the Company EP PUBLISHING, (capiez), Customer Service, I, the undersigned ______, hereby notify you of my withdrawal from the contract regarding the sale of the Product below: Product name: Order and receipt date: Order number: Withdrawal request tracking number: Customer Name: Customer Address: Customer Signature: (only in case of notification of this form on paper) Date: This form must be sent to the Company at the address: contact@capiez The Customer has a period of 14 days from sending the withdrawal notification to return the Product to the Company in its original packaging, with return costs being the exclusive responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, manual, etc.) to allow for resale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not provide any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for the depreciation of the Product. In the event of returning the Product under the conditions provided for by law and these GTC, the Company will proceed to refund all sums paid by the Customer, including delivery costs, within 14 days of the withdrawal notification, unless the Product is returned afterwards. In this case, the Company will only process the refund after receipt and verification of the condition of the returned Product. This refund will be made using the same payment method as that used by the Customer to pay for the Order, unless expressly agreed otherwise by the Customer for another payment method. In the event of payment by gift voucher/promotional code, the Customer will be refunded either by the sending of new gift vouchers/promotional codes for an amount identical to that paid in this form. Article 8 – WARRANTIES 8.1 Legal warranties The Company remains liable for defects in conformity of the good in accordance with the provisions of Articles L.217-4 and following of the Consumer Code as well as hidden defects of the sold item in accordance with Articles 1641 and following of the Civil Code. When acting within the framework of the legal warranty of conformity (as provided for by Articles L.217-4 and following of the Consumer Code), the Consumer Customer: Benefits from a period of 2 years from delivery to act; May choose between the repair or replacement of the Product, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code; Is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following delivery if the Product is sold second-hand. The Customer may also decide to act within the framework of the legal warranty against hidden defects within the meaning of Article 1641 of the Civil Code; the Customer may choose between the rescission of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code. These legal warranties apply independently of any contractual warranty. Reproduction of applicable texts: L.217-4 Consumer Code "The seller delivers a good that conforms to the contract and is liable for any lack of conformity existing upon delivery. They are also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made their responsibility by the contract or performed under their responsibility." L.217-5 Consumer Code "The good conforms to the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer or their representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, brought to the seller's knowledge and which the latter has accepted." L.217-9 Consumer Code "In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the good or the significance of the defect. They are then required to proceed, unless impossible, according to the method not chosen by the buyer." L.217-12 Consumer Code "The action resulting from the lack of conformity is time-barred after two years from the delivery of the good." 1641 of the Civil Code "The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them." 1648 of the Civil Code "The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. [...]" 8.2 Manufacturer Warranty Some Products for sale on the Site benefit from a contractual warranty granted by the supplier or the manufacturer of the Product, to which the Company is not directly a party. The existence of this type of warranty is mentioned, if applicable, on the specific Product page. If the Customer wishes to invoke this warranty, they should report it to the Company by contacting Customer Service and consult the terms of application of the warranty themselves, which are generally included in the box concerning the Product. It is recalled that the benefit of the Manufacturer Warranty does not prevent the application of legal provisions concerning the legal warranty of conformity and the legal warranty against hidden defects. Article 9 - PROTECTION OF PERSONAL DATA In the context of the commercial relationship, the Company, as data controller, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc., which are marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, carrying out statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract. The Customer's failure to provide this information would make it impossible to process their Order. These data are intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including in particular those that ensure the delivery of Products or ensure payment processing. Regarding this personal data, the Customer has several rights: Right of access to personal data concerning them; Right to rectification and deletion if personal data is inaccurate, incomplete, equivocal, expired or if the collection, use, communication and storage of certain data is prohibited; Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations; Right to object to data processing (particularly in the case of processing for commercial prospecting); Right to issue post-mortem directives concerning the storage, deletion and communication of your personal data; Right to withdraw consent for the performance of certain processing (processing performed before the withdrawal of consent remains lawful); Right to lodge a complaint with the CNIL. To exercise their rights, the Customer can send a request to the Company, via: a letter to the address contact@lovena.com The request must mention the Customer's email address, their surname, first name, postal address and must be accompanied by a copy of both sides of their identity document. A response will be sent to them within one month from the receipt of the request.