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The site https://newtreats-store.com (hereinafter “the Site” ) is published by the company NEWTREATS LTD , a company incorporated under Irish law ( Private Company Limited by Shares ), registered with the Companies Registration Office (CRO) under number 790664 , whose head office is located at 21 Tyrone House, James Joyce Street, D01POK5 Dublin, Republic of Ireland.
(hereinafter “the Seller” ).
The purpose of these General Conditions of Use (hereinafter “GCU”) 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 OF THE SITE FOR ANY PURPOSE IMPLICITLY IMPLIES THE USER'S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE (GTC).
The terms used below have the following meanings in these Platform Commercial Conditions:
Use of the Site implies acceptance of these T&Cs.
The User therefore undertakes to read these General Conditions of Use carefully 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 therefore 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 the version accessible online on the date of their access and use of the Site.
The User is expressly informed that the only version of the T&Cs that is authoritative is the one found online on the Site, which he acknowledges and accepts without restriction, undertaking to refer to it systematically each time he connects.
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 accessing and using the Site is the responsibility of the User, as are any telecommunications costs that may arise from their use.
Any User can access the Site and view the Products offered.
To become a Client, the User may decide to register on the Site by creating their Client Area. Creating a Client Area allows the Client to benefit from additional Services as detailed in Article 5.2.
To create a Customer Area, the User is invited to complete the registration form accessible via the “Login” tab then by clicking on the “New Customer? Register” link.
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 to the data communicated during registration.
Finally, the User must validate these T&Cs before finalizing their registration.
The email address and password constitute the Client's Identifiers.
The Customer agrees to create only one Customer Area on the Site. NEWTREATS declines all responsibility for any harmful consequences that the use of multiple Customer Areas for a single Customer could have.
The User is entirely responsible for the accuracy and updating of the data communicated as part of the opening and management of their Customer Area.
The username and password can be changed online by the User in their Personal Space.
The Customer will be solely responsible for the use of their Identifiers or actions taken through their Customer Area.
In the event that a Customer discloses or uses their Identifiers in a manner contrary to their intended purpose, NEWTREATS may then delete the Customer Area without notice or compensation.
Under no circumstances shall NEWTREATS be held liable in the event of identity theft of a Customer. Any access and action carried out from a Customer's Customer Area shall be presumed to have been carried out by that Customer, to the extent that NEWTREATS is not obliged and does not have the technical means to ensure the identity of persons accessing 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, who is required to notify NEWTREATS without delay by email to the following address: contact@newtreats-store.com so that NEWTREATS can reset the User account.
Each User may close their Customer Area at any time by contacting NEWTREATS by email 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 permanent deletion of all its elements on the Site.
Any User can access the Site and its various functionalities free of charge.
The main Service offered by NEWTREATS consists of offering any User the possibility of consulting the Products referenced 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.
The User can access the Products presented by NEWTREATS on the home page of the Site.
NEWTREATS displays on the home page:
The User will be able to access the different Product divisions (New Products, brand/model).
The User may use the search engine to search for a Product.
In this case, the results corresponding to the search will be presented by default to the User according to a relevance criterion determined as follows: Products presenting in their title, their description, their product sheet, the most links with the keywords used by the User are displayed as a priority.
The User can consult the upcoming Products to be offered for sale by the Seller.
By accessing the Product of their choice, the User can notify the Seller that they wish to be notified when said Product is put up for sale. The User must then provide the Seller with their email address.
Any User, whether or not they have created a Customer Area on the Site, 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 his Order.
The User who has created a Customer Area has access to additional services and in particular:
Within 7 days of the Products being shipped, the Customer will receive an email from NEWTREATS to provide feedback on their purchasing experience. The evaluation may be carried out via the solution offered by Trustpilot A/S, Pilestraede 58, 5th floor 1112 Copenhagen K, Denmark, CVR n°30 27 65 82 whose General Terms of Use 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 and registered in Ireland under number 368047 whose registered office is located at Gordon House, Barrow Street, Dublin 4, Ireland, and whose General Terms of Use are available here: https://support.google.com/maps/answer/6230175.
Customers will be able to evaluate the service provided by awarding a rating using stars "from 0 to 5" with a maximum rating of 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.
When using the Site, each User undertakes not to disrupt 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 of Use.
Each User has the obligation to:
NEWTREATS' general obligation is an obligation of means. NEWTREATS is not subject to any reinforced obligation of results or means of any kind.
NEWTREATS undertakes to implement all means to ensure continuity of access and use of the Platform 7 days a week and 24 hours a day.
NEWTREATS, however, draws Users' attention to the fact that current Internet communication protocols do not allow for the reliable and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).
The Operator declines all responsibility in particular:
In the event of abnormal use or illicit exploitation of the Platform, the User is then solely responsible for damage caused to third parties and the consequences of any claims or actions that may result.
The User is also informed of the risks inherent in the use of the Internet, and in particular 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 consequences, which may be detrimental, whatever their extent, for the User.
NEWTREATS shall not be held liable if the non-performance or delay in the performance of any 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 reasonably have been foreseen when accepting the T&Cs and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
The event of force majeure suspends the obligations of the Party concerned for the time during which the force majeure applies if this event is temporary. Nevertheless, the Parties will endeavor to minimize its consequences as much 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, in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment; and interruption, suspension, reduction or disruption of electricity or other services or any interruptions to electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of NEWTREATS occurring after the conclusion of the T&Cs and preventing execution under normal conditions.
It is specified that, in such a situation, the User cannot claim the 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.
The User acknowledges the intellectual property rights of NEWTREATS on the Site, its components and the related contents and waives the right to contest these rights in any form whatsoever.
The trademarks, 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 may not be reproduced, used or represented without express authorization under penalty of legal action.
Any reproduction, distribution or representation, in whole or in part, of the Site and its content, by any process 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:
Furthermore, the User undertakes not to cause any confusion with NEWTREATS in the context of implementing a competing activity.
No provision of the T&Cs may be interpreted as a transfer of intellectual property rights, whether tacitly or otherwise.
Acceptance of these T&Cs constitutes recognition by Users of NEWTREATS' intellectual property rights and an undertaking 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 may not be carried out without the express prior authorization of NEWTREATS.
Minors under the age of 18 may place Orders on the Site, subject to having previously obtained express authorization from their legal representatives, for whom they may be asked to provide proof at any time.
Legal representatives are responsible for monitoring the use of the Site by minors in their care.
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, to 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.
In this regard, 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 6 January 1978 relating to data processing, files and freedoms, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation known as GDPR ), NEWTREATS ensures the implementation of the rights of the persons concerned.
It is recalled that the User whose personal data is processed benefits from the rights of access, rectification, updating, portability and erasure of information concerning him, as well as a right to limit 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 Data Protection Regulation (GDPR).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the Client may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.
The User may exercise his rights by sending an email to the following address: contact@newtreats-store.com
Finally, the User may also file a complaint with the supervisory authorities and in particular the CNIL ( https://www.cnil.fr/fr/plaintes ).
The Parties agree to consider messages received by fax or electronically 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.
Any questions or complaints regarding the use or operation of the Site may be made in the following ways:
If any of the provisions of these T&Cs are declared null and void under a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses which will remain fully applicable.
Such modification or decision does not in any way authorize Users to disregard these General Conditions of Use.
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 changes to these General Conditions of Use.
The applicable T&Cs are those in effect at the time of browsing the Site.
The fact that one of the Parties has not required the application of any clause of these T&Cs, whether permanently or temporarily, may in no case be considered as a waiver of said clause.
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses and any of these, the headings shall be declared non-existent.
The T&Cs are subject to French law. Any disputes 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 arbitral or state court, the Customer is invited to contact the Seller's complaints department.
If no agreement is reached or if the Customer proves that he has previously attempted to resolve his dispute directly with the Seller by means of a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute relating to this contract arises, 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 mandatory, the Client or the Seller may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute which could have given rise to mediation will be referred to the competent jurisdiction designated above.