Terms of Service

The site https://newtreats-store.com (hereinafter “the Site”) is published by the company NEWTREATS, a simplified joint stock company, registered in the Nanterre trade and companies register, under number 882 183 452, having its registered office at 34, rue du Fer à Moulin, 75005 Paris, France (hereinafter “the Seller”).

The purpose of these General Conditions of Use (hereinafter “CGU”) is to establish the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the Site.

ANY USE MADE FOR ANY PURPOSE WHATSOEVER OF THE SITE MANDATORY IMPLY THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE GENERAL CONDITIONS OF USE (CGU).

1. DEFINITIONS

The terms used below have, in these Commercial Conditions of the Platform, the following meaning:

“ Customer ”: designates the co-contractor of the Seller, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the Client acts outside of any usual or commercial activity.
“ Order ”: designates the purchase of Products made by a Customer from the Seller on the Site.
“ General Conditions of Use ” or “ CGU ”: designates these contractual conditions made available on the home page of the Site, in order to govern the use thereof by any User.
“ General Conditions of Sale ” or “ CGV ” : designates the contractual conditions governing the sale of the Product by the Seller via the Site.
“ Customer Space ” : designates the interface allowing the Customer to access their personal space, in which all the data provided is grouped. Access to the Customer Area is via Identifiers.
“ Product Sheet” : designates the page presenting the commercial offer linked to a Product. The Product Sheet is generally made up of one or more photograph(s) of the Product, the price, the characteristics of the Product and all legally required information.
“ Credentials ”: designates the Customer’s email address and password, necessary for access to their Customer Space on the Platform.
“ Parties ”: in the plural, refers together to the Customer and the Seller. In the singular, designates only one of the two Parties.
“ Product ” : designates all of the Products available on the Site.

“ User ”: designates any person browsing the Site, whether a Customer or a simple Internet user.
“ Seller ”: designates the company NEWTREATS, a simplified joint stock company, registered in the Nanterre trade and companies register, under number 82 183 452, with its head office “34 Rue Du Fer à Moulin 75005 Paris, France

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

Use of the Site implies acceptance of these T&Cs.

Thus, the User undertakes to carefully read these General Conditions of Use when accessing the Site and is invited to download them, print them and keep a copy.

It is specified that these T&Cs are referenced at the bottom of each page of the Site by means of a hyperlink and can thus be consulted at any time.

The applicable version is the one online on the day the User browses the Site.

All Users are therefore required to refer to their version accessible online on the date of their access and use of the Site.

The User is expressly informed that the only authentic version of the T&Cs is the one found online on the Site, which he acknowledges and accepts without restriction, committing to systematically refer to it during each connection. .

3. TECHNICAL SPECIFICATIONS

By using the Site offered by NEWTREATS, the User acknowledges having the means and skills necessary to use the functionalities offered.

The equipment necessary for access and use of the Site is the responsibility of the User, as are any telecommunications costs possibly incurred by their use.

4. CONDITIONS OF ACCESS AND REGISTRATION

Any User can access the Site and consult the Products offered.

To become a Customer, the User can decide to register on the Site by creating their Customer Area. The creation of a Customer Space allows the Customer to benefit from additional Services as detailed in article 5.2.

4.1. Registration as a Customer

To create a Customer Space, the User is invited to complete the registration form accessible via the “Connection” tab then by clicking on the “New Customer?” link. Register”.

The User wishing to become a Client undertakes to provide NEWTREATS with accurate, fair and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties and to communicate to NEWTREATS any necessary updates of the data communicated during registration.

Finally, the User must validate these T&Cs before finalizing their registration.

The email address and password constitute the Customer Identifiers.

The Customer undertakes to create only one and only Customer Space on the Site. NEWTREATS declines all responsibility for the harmful consequences that the use of multiple Customer Spaces could have for a single Customer.

The User is entirely responsible for the accuracy and updating of the data communicated as part of the opening and management of his Customer Space.

4.2. Identifiers

The username and password can be modified online by the User in their Personal Space.

The Customer will be solely responsible for the use of their Identifiers or actions carried out through their Customer Area.

In the event that a Customer discloses or uses his or her Identifiers in a manner contrary to their intended purpose, NEWTREATS may then delete the Customer Space without notice or compensation.

Under no circumstances can NEWTREATS be held responsible in the event of theft of a Customer's identity. Any access and action carried out from a Client's Customer Area will be presumed to be carried out by this Client, to the extent that NEWTREATS has no obligation and does not have the technical means allowing it to ensure the the identity of people having access to the Site from a Customer Area.

Any loss, misappropriation, or unauthorized use of a Customer's Identifiers and their consequences are the sole responsibility of the Customer, the latter being required to notify NEWTREATS, without delay, by electronic message sent to the following address: contact @newtreats-store.com so that NEWTREATS can reset the User account.

4.3. Customer unsubscription

Each User may close their Customer Area at any time by contacting NEWTREATS by e-mail at contact@newtreats-store.com .

NEWTREATS will deactivate the Customer Area as soon as possible and will send the Customer an email confirming the closure of their Customer Area and the definitive deletion of all of its elements on the Site.

5. SERVICES

5.1. Services offered to all Users

Any User can access the Site, as well as its various features, free of charge.

The main Service offered by NEWTREATS consists of offering any User the possibility of consulting the Products listed by category with a view to being able to purchase them from the Seller.

The Site also allows Users to be alerted of the release of new Products, and to Sell their own Products.

5.1.1. Product Presentation

The User can access the Products presented by NEWTREATS on the home page of the Site.

NEWTREATS displays on the home page:

The most requested Products;
The Products recently viewed by the User;
Popular Products at the moment;
Products selected and highlighted by NEWTREATS.

5.1.2. Search by categories

The User will be able to access the different Product divisions (New Products, brand/model).

5.1.3. Search by search engine

The User may use the search engine to search for a Product.

In this case, the results corresponding to his search will be presented by default to the User according to a relevance criterion determined as follows: the Products presenting in their title, their description, their product sheet, the most links with the keywords used by the User.

5.1.4. Presentation of upcoming Products

The User can consult upcoming Products to be offered for sale by the Seller.

By accessing the Product of his choice, the User can notify the Seller that he wishes to be notified when said Product is put on sale. The User must then communicate his email address to the Seller.

5.1.5. Product Orders

Any User, whether they have created a Customer Area on the Site or not, will have the possibility of placing an Order for a Product offered by the Seller via the Site.

The User wishing to place an Order without creating a Customer Area will be asked to provide their contact details when purchasing the Product.

The User is then informed by email of the processing of their Order.

5.2. Additional services Customer Area

The User who has created a Customer Space has access to additional services and in particular:

Tracking of current Orders and access to the history of past Orders;
Access to invoices relating to Orders placed;
Management of his address book allowing him to add different delivery addresses;
Access to recently viewed Products.

6. ONLINE REVIEWS

Within 7 days following shipment of Products, the Customer will receive an email from NEWTREATS to comment on their purchasing experience. The evaluation can be carried out via the solution proposed by Trustpilot A/S, Pilestraede 58, 5th floor 1112 Copenhagen K, Denmark, CVR n°30 27 65 82, the General Conditions of Use of which are available here: https://fr .legal.trustpilot.com/for-reviewers/end-user-terms-and-conditions; or via the solution offered by Google Ireland, a company incorporated under Irish law registered in Ireland under number 368047 whose head office is located at Gordon House, Barrow Street, Dublin 4, Ireland, and whose General Conditions of Use are available here: https://support.google.com/maps/answer/6230175.

Customers will be able to evaluate the service provided by assigning a star rating "from 0 to 5", the maximum rating being 5 stars, and by leaving a comment on their purchasing experience.
All Users will then be able to access these reviews directly on the Trustpilot website or on Google.

7. OBLIGATIONS OF THE PARTIES

7.1. User Obligations

When using the Site, each User undertakes not to harm public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Conditions. 'Use.

Each User has the obligation to:

Behave loyally and as a good father towards NEWTREATS and third parties;
Be honest and sincere in the information provided to NEWTREATS and, where applicable, third party Users;
Use the Site in accordance with its purpose as described in these T&Cs;
Not divert the purpose of the Site to commit crimes, offenses or contraventions punishable by the Penal Code or any other law;
Respect the privacy of third parties and the confidentiality of exchanges;
Respect the intellectual property rights of NEWTREATS relating to the elements of the Site and, where applicable, the intellectual property rights of other Users;
Do not seek to undermine the meaning of articles 323-1 et seq. of the Penal Code with the automated data processing systems implemented on the Site;
Do not modify the information posted online by NEWTREATS or by another User;
Do not use the Site to massively send unsolicited messages (advertising or other);
Do not disseminate data that has the effect of reducing, disorganizing, slowing down or interrupting the normal operation of the Site.

7.2. Obligations of NEWTREATS

The general obligation of NEWTREATS is an obligation of means. NEWTREATS is not subject to any obligation of result or reinforced means of any kind.

NEWTREATS undertakes to use all means to ensure continuity of access and use of the Platform 7 days a week and 24 hours a day.

NEWTREATS, however, draws the attention of Users to the fact that current communication protocols via the Internet do not ensure certain and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).

8. RESPONSIBILITY

The Operator declines all liability in particular:

In the event of temporary impossibility of accessing the Site for technical maintenance operations or updating published information. Users acknowledge that NEWTREATS cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
In the event of viral attacks, unlawful intrusion into an automated data processing system;
In the event of abnormal use or illegal exploitation of the Site by a User or a third party;
Relating to the content of third-party websites to which hypertext links present on the Platform refer;
In the event of non-compliance with these T&Cs attributable to Users;
In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 8 of these T&Cs;
In the event of a foreign cause not attributable to NEWTREATS;

In the event of abnormal use or illegal exploitation of the Platform, the User is then solely responsible for damage caused to third parties and the consequences of claims or actions that could result therefrom.

The User is also informed of the risks inherent in the use of the Internet, and particularly in terms of lack of security in the transmission of data and unguaranteed continuity in access to the Site and the contents of the Site. Under no circumstances can NEWTREATS be held responsible for these risks and their harmful consequences, whatever their extent, for the User.

9. FORCE MAJEURE

NEWTREATS cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these T&Cs results from a case of force majeure.

The Parties expressly consider that there is force majeure when an event beyond the control of the debtor, which could not be reasonably foreseen when accepting the T&Cs and whose effects cannot be avoided by appropriate measures, prevents the execution of his obligation by the debtor.

The event of force majeure suspends the obligations of the Party concerned for the time during which the force majeure will apply if this event is temporary. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible.

Failing this, if the impediment is definitive, the contract is automatically terminated and the Parties will be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code. As such, NEWTREATS cannot be held liable. not be incurred in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal equipment or others; and interruption, suspension, reduction or disturbances of electricity or other or any interruptions of electronic communications networks, as well as in the event of the occurrence of any circumstance or event outside the control of NEWTREATS occurring subsequent to the conclusion of the T&Cs and preventing execution under normal conditions.

It is specified that, in such a situation, the User cannot claim payment of any compensation and cannot take any action against NEWTREATS.

In the event of the occurrence of one of the above-mentioned events, NEWTREATS will endeavor to inform the User as soon as possible.

10. INTELLECTUAL PROPERTY

The User acknowledges the intellectual property rights of NEWTREATS on the Site, its components and the related content and waives the right to contest these rights in any form whatsoever.

The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Site are the exclusive intellectual property of NEWTREATS and cannot be reproduced, used or represented without express authorization under penalty of legal proceedings. .

Any reproduction, distribution or representation, in whole or in part, of the Site and its content, by any means whatsoever, without the express prior authorization of NEWTREATS, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.

In particular, NEWTREATS expressly prohibits:

Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Site or its content to another medium, by any means and in any form whatsoever;
Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the Site or its Content, whatever the form;
The reproduction, extraction or reuse, by any means, including methods comparable to scrapping of content (photographs, description etc.) published by NEWTREATS.

Furthermore, the User is prohibited from maintaining any confusion with NEWTREATS in the context of the implementation of a competing activity.

No stipulation of the T&Cs may be interpreted as a transfer of intellectual property rights, whether tacitly or in any other way.

Acceptance of these T&Cs constitutes recognition by Users of NEWTREATS' intellectual property rights and commitment to respect them.

NEWTREATS grants a personal, non-exclusive and non-transferable license to Users authorizing them to use the Site and the information it contains in accordance with these T&Cs.

Any other use of the Site and its content is excluded from the scope of this license and cannot be carried out without the express prior authorization of NEWTREATS.

11. PROTECTION OF MINORS

Minors under the age of 18 may place Orders on the Site, subject to having previously obtained express authorization from their legal representatives, for which they may be asked to provide justification at any time.

Legal representatives are responsible for monitoring the use of the Site by minors in their care.

12. PERSONAL DATA

As part of the operation of the Site, NEWTREATS may collect personal data.

This data is necessary for the management of the Site and the processing of the Order, and if the User has expressly chosen this option, send them newsletters, unless they no longer wish to receive such communications from NEWTREATS. This data will be kept confidentially by NEWTREATS for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or from your last contact if you are not yet a customer.

The data may be communicated in whole or in part to NEWTREATS service providers.

As such, the User is invited to consult the NEWTREATS Privacy Policy accessible on the site which will provide him with all the information relating to the protection of personal data and the processing carried out via the Site.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and modified freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, and repealing Directive 95/46/EC ( General Data Protection Regulation known as GDPR ), NEWTREATS ensures the implementation of the rights of the people concerned.

Please note that the User whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning them, as well as a right to limitation. processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of articles 15, 16, 17 and 18 of the European General Regulation on the Protection of Persons (GDPR).

In accordance with the provisions of article 56 of the Data Protection Act and article 21 of the GDPR, the Customer may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.

The User can exercise their rights by sending an email to the address: contact@newtreats.fr

Finally, the User can also lodge a complaint with the supervisory authorities and in particular the CNIL ( https://www.cnil.fr/fr/plaintes ).

13. PROOF CONVENTION

The Parties agree to consider messages received by fax or electronic means and more generally electronic documents exchanged between them, as original writings within the meaning of Article 1316-1 of the Civil Code, i.e. as having the same value as that given to the original.

14. CUSTOMER SERVICE

Any question or complaint concerning the use or operation of the Site may be formulated according to the following methods:

By email to the following address:

contact@newtreats-store.com ;
By telephone on 06 51 34 06 21 (non-premium rate number) Monday to Friday from 10:00 a.m. to 7:00 p.m.

15. VALIDITY OF THE CGU

If any of the stipulations of these T&Cs were to be declared void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten but not will in no way affect the validity of the other clauses which will remain fully applicable.

Such a modification or decision in no way authorizes Users to disregard these General Conditions of Use.

16. MODIFICATION OF THE T&Cs

These T&Cs apply to any User browsing the Site.

The T&Cs may be modified and updated by NEWTREATS at any time, in particular to adapt to legislative or regulatory developments.

Users will be notified of any modification to these General Conditions of Use.

The applicable T&Cs are those in force at the time of browsing the Site.

17. GENERAL PROVISIONS

The fact that one of the Parties has not required the application of any clause of these T&Cs, whether permanently or temporarily, can under no circumstances be considered as a waiver of said clause.

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.

18. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The T&Cs are subject to French law. Any difficulties relating to the validity, application or interpretation of the T&Cs will be submitted to the competent courts under the conditions of common law.

However, prior to any recourse to an arbitration or state judge, the Customer is invited to contact the Seller's complaints department.

If no agreement is reached or if the Customer justifies having previously attempted to resolve his dispute directly with the Seller by a written complaint, an optional mediation procedure will then be proposed, carried out in a spirit of loyalty and good faith. with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.

The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.

As mediation is not obligatory, the Customer or Seller may withdraw from the process at any time.

In the event that mediation fails or is not considered, the dispute which may have given rise to mediation will be entrusted to the competent court designated above.