Terms and conditions

These general conditions of sale ( hereinafter the “General 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” ) from NEWTREATS, a simplified joint stock company, registered in the Nanterre trade and companies register, under number 882 183 452, with its head office at 34 Rue du Fer in Moulin Paris, France. ( hereinafter the “Seller” ).

IMPORTANT : Any order placed on the Site necessarily implies the Customer's unreserved acceptance of these general conditions.

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 the contractual conditions made available on the home page of the Site, in order to govern the use thereof by any User.
• " Terms of Sales " or “ CGV ”: designates the present contractual conditions governing the sale of the Product by the Seller via the Site.
• " Client area " : 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.
• " Delivery " : designates the first presentation of the Products ordered by the Customer to the delivery address indicated during the Order.
• “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.
• “ Territory ”: designates all the territories in which Delivery is ensured by the Seller, namely the entire world with the exception of Russia, Algeria and Morocco.
• “ Seller ”: designates the company NEWTREATS, a simplified joint stock company, registered in the Nanterre trade and companies register, under number 882 183 452, with its head office “34 Rue du Fer à Moulin Paris, France.
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2. PURPOSE

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 possible returns of Products ordered by Customers.

The Seller is not intended 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.

3. ACCEPTANCE OF THE GENERAL CONDITIONS

These General 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 will 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 checking the box provided for this purpose before proceeding to pay for an order for Products placed on the Site.

4. PURCHASE OF PRODUCTS 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 he is a minor, be able to provide proof of the agreement of his legal representatives.

The Customer will be asked to provide information allowing them to be identified by completing the form available on the Site. The sign (*) indicates the 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, his identity, his eligibility and the information communicated.

5. ORDERS

5.1. Product Characteristics

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 indicated 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.

5.2. Order Procedure

Product Orders are placed directly on the Site. To place an order, the Customer must follow the steps described below:

5.2.1. Product Selection

It is up to the Customer to select the Products he wishes to order on the Site, according to the following methods:

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.

5.2.2. Orders

Once the Products have been selected and placed in their basket, the Customer must click on the basket and check that the content of their order is correct. If the Customer has not yet done so, he will then be asked to identify himself or provide his contact details if he does not wish to register on the Site.

Once the Customer has validated the contents of the basket and identified himself / provided his contact details, an automatically completed online form will be displayed to him summarizing the price, applicable taxes and, where applicable, delivery fees.

The Customer is invited to check the details of his Order, its total price and to correct any errors before confirming acceptance. It is therefore up to the Customer to verify 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 they pay for their Order and confirm it.
Orders placed must include all the information necessary for the proper processing of the Order.

5.2.3. Acknowledgment of receipt

Once all the steps described above are 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 through the registration/Order form is correct.

5.2.4. Billing

An invoice is established 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 him by email.

5.3. Date of the order

The Order date 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.

6. PRICES

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 force.

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 non-revisable 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 costs, which are charged additionally for orders placed outside Metropolitan France. Any delivery costs applied 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 where applicable.
The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the Site on the date on which the order is placed by the Customer.

7. AVAILABILITY OF PRODUCTS

The Seller undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.

The unavailability of a Product is in principle indicated on the page of the Product concerned. Customers may also be informed of the restocking of a Product by the Seller.

In any event, if, unusually, the Product was 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.

8. PAYMENT TERMS

8.1. Means of payment

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment method, according to the following terms:

• By bank cards: Visa, MasterCard, Amex and other credit cards,
• By Paypal,
• By Apple Pay,
• By Bancontact
• Scalapay
• Shopay

Payment data is exchanged encrypted by the payment providers Mollie and PayPal.

8.2. Late or refusal of payment

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 other, the transmission of the flow of money owed by the Customer proves impossible, the order will be canceled and the sale automatically terminated.

9. DELIVERIES

The deadlines for preparing an order and then issuing the invoice, before shipping Products in stock, are mentioned on the Site. These deadlines exclude weekends and public holidays.

An electronic message will be automatically sent to the Customer at the time of shipment 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 indication or agreement as to the delivery date, the Seller delivers the Product without undue delay and no later than 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 deadlines specified above. However, these deadlines are communicated for informational 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 act of the Customer, the sale may be canceled by registered letter with request for payment. notice of receipt or in writing on another durable medium, if, after having ordered, according to the same terms, the Seller to make the Delivery within a reasonable additional period, the latter has not complied within this period.

The contract is considered terminated upon receipt by the Seller of the letter or writing informing him of this resolution, unless the Seller has complied 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 expiration of the period provided for in the first paragraph of Article L. 216 -1 and that this date or this deadline constitutes for the Client 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 ensured by a carrier selected by the Seller, to the address mentioned by the Customer when ordering and to which the carrier can easily access. When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier as soon as he has delivered the Products sold to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

The Seller is responsible until Delivery of the Product to the Customer.

The Customer is required to check the condition of the Products delivered. In the event that the package is damaged, the Customer is invited to refuse the package and to explain his refusal with written reservations.

He has a period of three (3) days from delivery to notify the carrier and the Seller of any damage or partial loss noted during delivery. After this period, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or the apparent or hidden defects will 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).

10. TRANSFER OF RISKS

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

11. RIGHT OF WITHDRAWAL

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 provide reasons or pay a penalty, for the purpose of exchange or refund.

For this, the Product must be returned within 14 days following notification to the Seller of the Customer's decision to withdraw to the address which 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 item.

The Customer's liability is only incurred with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product. In other words, the Customer has the possibility of testing the Product but his liability may be incurred if he carries out manipulations other than those which are 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.fr .

The exchange or refund of the returned Product(s) will be carried out by the Seller under the conditions detailed in the accessible returns policy.

12. PACKAGING

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.

13. WARRANTY

Apart from the commercial guarantees that the Seller could offer for certain Products, any Customer benefits from “legal” guarantees, for all Products, which are detailed below, in accordance with article L.111-1 of the Code of the consumption.

Article 13.1. Guarantee of conformity

Article L. 217-4 of the Consumer Code : “ The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility .

Article L.217-5 of the Consumer Code : “ The good complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations 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 is likely to be liable for existing defects in conformity at the time of delivery and for defects in conformity resulting from the packaging, assembly instructions or installation when this was made his responsibility or was carried out under his responsibility.

Action resulting from lack of conformity is prescribed two (2) years from delivery of the Product ( Article L.217-12 of the Consumer Code )

In the event of a lack of conformity, the Customer may request replacement or repair of the Product, at his choice. However, if the cost of the Customer's choice is clearly disproportionate compared to the other possible option, taking into account the value of the Product or the importance of the defect, the Seller may proceed with a refund, without following the chosen option. by the customer.

In the event that a replacement or repair would be impossible, the Seller undertakes to return 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 Products.

Article 13.2. Guarantee against hidden defects

The Seller is bound by the guarantee for hidden defects in the Product sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would not have given it away. than a lesser price, if he had known 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 impossible, 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 .

Action resulting from redhibitory 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)

14. RESPONSIBILITY

The Seller's liability cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their order.

The Seller cannot be held responsible, or considered to have failed herein, 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 case law. French courts and tribunals.

It is also specified that the Seller does not control the websites which are directly or indirectly linked to the Site. Consequently, it excludes any liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.

15. FORCE MAJEURE

The Parties cannot be held responsible 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 be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor. 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 in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late 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 for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution 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 act. 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 generated by the situation will be the responsibility of the party prevented.

16. COMPUTING AND FREEDOMS

The Seller collects on the Site personal data concerning its Customers which are necessary for the processing of their order, the preparation of invoices, the processing of their requests for information and, if the Customer has expressly chosen this option, the 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.

17. INTELLECTUAL PROPERTY

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 in no case be granted definitively. This link must be deleted at the request of the Seller. Hypertext links to the Site which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

Any total or partial reproduction of the Site and its content, by any means 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. , sanctioned 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 Conditions of Use: https://newtreats-store.com/conditions-generales-de-vente/ and commitment to them. respect.

18. VALIDITY OF THE GENERAL CONDITIONS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes Customers to disregard these General Conditions.

All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.

19. MODIFICATION OF THE GENERAL CONDITIONS

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 applicable General Conditions are those in force at the time of the Order.

Changes to the General Conditions will not apply to Products already purchased.

20. APPLICABLE LAW – LANGUAGE

These General Conditions of Sale and the operations resulting from them are governed and subject to French law.

These General 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 authentic in the event of a dispute.

21. DISPUTES

All disputes to which the purchase and sale operations 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 consequences and which could not have been be 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 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.

“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 vis-à-vis Newtreats, the Mediator Service may be contacted for any consumer dispute that has not been resolved successfully. To find out how to contact the Mediator, click here . »