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These general terms and conditions of sale (hereinafter the “General Terms and Conditions” ) apply to any purchase made by a natural person having the status of consumer (hereinafter the “Customer” ) on the website https://newtreats-store.com (hereinafter the “Site” ), operated by the company:
NEWTREATS LTD ,
Irish company (Private Company Limited by Shares),
registered under number 790664 ,
having its registered office at 21 Tyrone House, James Joyce Street, D01POK5 Dublin, Republic of Ireland ,
(hereinafter the “Seller” ).
IMPORTANT : Any order placed on the Site necessarily implies the Customer's unreserved acceptance of these general conditions.
The terms used below have the following meanings in these Platform Commercial Conditions:
These General Conditions govern the sale by the Seller to its Customers of the Products.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Seller does not intend to sell the Products to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the Site. They are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing an order.
The General Terms and Conditions applicable to the sale are those in force on the day of the Order. These General Terms and Conditions shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before proceeding to payment for an order for Products placed on the Site.
To be able to purchase a Product, the Customer must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives.
The Customer will be asked to provide information that can identify them by completing the form available on the Site. The symbol (*) indicates mandatory fields that must be completed for the Customer's order to be processed by the Seller.
The information that the Customer provides to the Seller when placing an order must be complete, accurate and up-to-date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information provided.
The Seller undertakes to present the essential characteristics of the Products on the Product Sheets and the mandatory information that the Customer must receive under applicable law.
The Customer undertakes to read this information carefully before placing an order on the Site.
Unless expressly stated otherwise on the Site, all Products sold by the Seller are new and authentic. They comply with current European legislation and the standards applicable in France.
Product Orders are placed directly on the Site. To place an order, the Customer must follow the steps described below:
It is up to the Customer to select the Products he wishes to order on the Site, according to the following terms:
The Customer selects the Products he wishes to order by clicking on the Product(s) concerned and choosing the desired characteristics and quantities, then adds them to his basket.
The Customer can then add as many Products as they wish to their basket.
Once the Products have been selected and placed in the shopping cart, the Customer must click on the shopping cart and check that the contents of their order are correct. If the Customer has not yet done so, they will then be asked to identify themselves or provide their contact details if they do not wish to register on the Site.
Once the Customer has validated the contents of the basket and has identified himself/herself/entered his/her contact details, an automatically completed online form will be displayed to him/her, summarizing the price, applicable taxes and, where applicable, delivery costs.
The Customer is invited to check the details of his Order, its total price and to correct any errors before confirming his acceptance. It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
The Customer chooses the delivery method then the payment method and is redirected to a secure payment page where he pays for his Order and confirms it.
Orders placed must include all information necessary for the proper processing of the Order.
Once all the steps described above have been completed, the Customer is redirected to the Site where a page appears to confirm the validation of their Order.
A copy of the acknowledgment of receipt of the Order is automatically sent to the Customer by email, provided that the email address communicated via the registration/Order form is correct.
An invoice is issued by the Seller. The Customer can access it by clicking on the link provided for this purpose and contained in the confirmation email sent to them by email.
The date of the Order is the date on which the Seller acknowledges receipt of the Order online. The deadlines indicated on the Site only begin to run from this date.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Prices are expressed in Euros, all taxes included.
Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices take into account any reductions that may be granted by the Seller on the Site.
These prices are firm and not subject to revision during their period of validity, as indicated on the Site.
The Seller reserves the right to modify prices at any time. They do not include any delivery charges, which are charged extra for orders placed outside mainland France. Any delivery charges that may apply are indicated to the Customer prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees when applicable.
The prices indicated are valid, except in the event of a serious error. The applicable price is the one indicated on the Site on the date the order is placed by the Customer.
The Seller undertakes to deliver the Product on the date or within the time period indicated to the Customer, unless the parties have agreed otherwise.
The unavailability of a Product is generally indicated on the page of the Product concerned. Customers may also be informed by the Seller of the restocking of a Product.
In any event, if, by any chance, the Product is unavailable, the Seller undertakes to inform the Customer without delay.
If the Customer decides to cancel his order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
Payment data is exchanged in encrypted mode by the payment providers Mollie and PayPal.
If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money owed by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.
The timeframes for preparing an order and then issuing the invoice, before shipping the Products in stock, are mentioned on the Site. These timeframes do not include weekends and public holidays.
An electronic message will be automatically sent to the Customer at the time of dispatch of the Products, provided that the electronic address appearing in the registration form is correct.
Details of delivery times are indicated on the Site. In the absence of an indication or agreement as to the delivery date, the Seller delivers the Product without undue delay and at the latest thirty (30) days after the conclusion of the contract ( Article L. 216-1 of the Consumer Code) .
In the event of multiple orders, the Products ordered may be delivered in several installments.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these time limits are provided for information purposes only. However, if the Products ordered have not been delivered within 30 days after the conclusion of the Contract, for any reason other than force majeure or the Customer's actions, the sale may be terminated by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered, in the same manner, the Seller to carry out the Delivery within a reasonable additional time, the latter has not complied within this time limit.
The contract is considered terminated upon receipt by the Seller of the letter or written document informing him of this termination, unless the Seller has performed in the meantime.
The Customer may immediately terminate the contract when the Seller refuses to deliver the Product or when it does not fulfill its obligation to Deliver the Product on the date or at the end of the period provided for in the first paragraph of Article L. 216-1 and this date or period constitutes for the Customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract. ( Article L.216-2 of the Consumer Code ).
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding ( Article L.216-3 of the Consumer Code ).
Deliveries are made by a carrier selected by the Seller, to the address specified by the Customer when ordering and which the carrier can easily access. When the Customer has himself arranged to use a carrier of his own choosing, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier once he has handed over the Products sold to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the transported goods.
The Seller is responsible until Delivery of the Product to the Customer.
The Customer is required to check the condition of the delivered Products. In the event that the package is damaged, the Customer is invited to refuse the package and to explain this refusal through written reservations.
It has a period of three (3) days from delivery to notify the carrier and the Seller of any damage or partial loss noted upon delivery. After this period, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement.
To do this, the Product must be returned within 14 days of notifying the Seller of the Customer's decision to withdraw to the address that will be communicated to him by the Seller when the Customer has expressed his intention to return the Product.
In the event that the Customer has ordered several Products via a single order giving rise to several Deliveries (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.
The Customer is only liable for any depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer may test the Product but may be held liable if handling is carried out other than that which is strictly necessary.
The Customer may exercise his right of withdrawal by any unambiguous declaration expressing the desire to withdraw sent by email to the address contact@newtreats-store.com .
The exchange or refund of the returned Product(s) will be carried out by the Seller under the conditions detailed in the accessible return policy.
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to respect the same standards when returning Products under the conditions set out in Article 11 – Right of withdrawal.
Apart from the commercial guarantees that the Seller may offer for certain Products, all Customers benefit from “legal” guarantees, for all Products, which are detailed below, in accordance with article L.111-1 of the Consumer Code.
Article 13.1. Guarantee of conformity
Article L. 217-4 of the Consumer Code : “ The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility .
Article L.217-5 of the Consumer Code : “ The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The Seller may be liable for any defects in conformity existing upon delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this has been entrusted to it or carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product ( Article L.217-12 of the Consumer Code )
In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at their discretion. However, if the cost of the Customer's choice is clearly disproportionate to the other possible option, taking into account the value of the Product or the extent of the defect, the Seller may provide a refund, without following the option chosen by the Customer.
In the event that a replacement or repair is not possible, the Seller undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the address which will be communicated to him by the Seller when the Customer has expressed his intention to return the Product. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product except for second-hand goods for which this period is set at six (6) months. ( Article L. 217-7 of the Consumer Code )
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the Product.
Article 13.2. Guarantee of hidden defects
The Seller is liable for the warranty against hidden defects in the Product sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have purchased it, or would have paid a lower price for it, if he had known of them. ( Article 1641 of the Civil Code )
This guarantee allows the Customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the Product if it is returned and reimbursement of part of its price, if the Product is not returned.
In the event that a replacement or repair is not possible, the Seller undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address: NEWTREATS, 34 Rue du Fer à Moulin Paris, France .
The action resulting from latent defects must be brought by the Customer within two (2) years from the discovery of the defect. ( Paragraph 1 of Article 1648 of the Civil Code)
The Seller shall not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their order.
The Seller shall not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the Seller does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only and no guarantee is provided regarding their content.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code .
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. The Party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary, unless the resulting delay justifies the termination of the contract.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial document. If the impediment is definitive, these presents will be purely and simply resolved automatically and the Parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the party prevented from attending.
The Seller collects personal data on the Site concerning its Customers which are necessary for processing their order, issuing invoices, processing their requests for information and, if the Customer has expressly chosen this option, sending newsletters, unless the Customer no longer wishes to receive such communications from the Seller.
This data may be communicated to any subcontractors of the Seller responsible for the execution, processing, management and payment of orders.
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the Seller. Any person who publishes a website and wishes to create a direct hyperlink to the Site must request the Seller's authorization in writing.
This authorization from the Seller will not be granted definitively under any circumstances. This link must be removed at the request of the Seller. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Any total or partial reproduction of the Site and its content, by any process whatsoever, without the express prior authorization of the Seller, is strictly prohibited and will constitute an offense of counterfeiting, or an infringement of the rights of the database producer, punishable by the provisions of the Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes recognition by the Customer of the Seller's intellectual property rights, detailed in the General Terms and Conditions of Use: https://newtreats-store.com/conditions-generales-de-vente/ and an undertaking to respect them.
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize Customers to disregard these General Conditions.
Any conditions not expressly addressed herein will be governed in accordance with the custom of the retail sector, for companies whose head office is located in France.
These General Conditions apply to all purchases made online on the Site, as long as the Site is available online.
The General Conditions are precisely dated and may be modified and updated by the Seller at any time.
The General Conditions applicable are those in force at the time of the Order.
Changes to the Terms and Conditions will not apply to Products already purchased.
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their results and which could not have been resolved between the Seller and the Customer 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.
"In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Newtreats adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling), whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr . After prior written action by consumers to Newtreats, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, click here . "