GENERAL TERMS AND CONDITIONS OF SALE
- 1. OBJET
- 2. ARTICLES
- 3. PRICE
- 4. AVAILABILITY OF ARTICLES
- 5. ORDER
- 6. PAYMENT
- 7. DELIVERY
- 8. RETENTION OF OWNERSHIP
- 9. RESPONSIBILITIES
- 10. EXCHANGE
- 11. EXERCISE OF THE RIGHT OF WITHDRAWAL
- 12. LEGAL WARRANTIES
- 13. PROTECTION OF PERSONAL DATA
- 14. INFORMATION ABOUT COOKIES
- 15. INTELLECTUAL PROPERTY
- 16. ENTIRE CONTRACT
- 17. APPLICABLE DUTY
These General Terms and Conditions of Sale (hereinafter referred to as " T&Cs ") govern all the terms and conditions of distance selling between the Seller and the Customer of NEW MAN Ready-to-Wear Articles on the website www.newman.fr (hereinafter referred to as the "Site") between:
- The company SUN CITY - registered office 25 Avenue du Bois de la Pie- 93290 Tremblay-En-France - 334 692 290 RCS BOBIGNY - licensee of the brand NEW MAN, property of the company BELLE ETOILE - registered office 8 rue Lincoln - 75008 Paris - 824 564 579 RCS PARIS.-
hereinafter referred to as "We", of the one part,
- Any adult natural person having the legal capacity to make a personal purchase on the Site and for non-commercial purposes, the customer undertakes not to make purchases of Articles for resale and generally not to use them for any purpose other than personal, including commercial purposes
hereinafter referred to as "You", of the other part
Any order implies your adherence to the "T&Cs ". Each order can only be finalized if you tick the box located after the sentence "I declare to have read and I accept the General Conditions of Sale" which can be consulted by double clicking on the sentence.
We reserve the right to adapt or modify these " T&Cs " at any time. In case of modification, it will be applied, to each order, the " T&Cs " in force and online on the day of the order. For this reason, we invite you to print or download and save the " T&Cs " at the time of your order.
“Articles” means the NEW MAN branded ready-to-wear Articles and accessories distributed on the Site.
The Articles offered on the Site are described and presented with the greatest possible accuracy.
However, given the digital presentation mode of the Articles on the Internet and the settings specific to each computer or computer screen (color, contrast, brightness) your perception of the graphic representation of the Articles may not correspond exactly to the Article(s) that will be delivered to you.
The prices of the Articles are expressed in euros (€) all taxes included.
Delivery costs are charged separately and are indicated to you once you are indicated to us the country of delivery and before you are placed your order.
The total price of the order you have to pay is that which is communicated to you at the stage "Validation of the order".
4. AVAILABILITY OF ARTICLES
Articles for sale on the Site are available as long as they are presented on the Site. Articles that are completely out of stock are automatically removed from the site.
If, by mistake, an article ordered should be unavailable after placing the order, you will be informed by email and the order will be automatically cancelled.
5.1. Selection of Articles in the shopping bag
You can consult for each Article your shopping bag which mentions in particular the sizes, the available colors, the description of the Article, its composition, the washing instructions. You select the Articles you wish to order by clicking on the "Add to Shopping bag " button.
The Articles are then displayed in your shopping bag with summary of the description of the Article(s), colour(s), size(s), quantity(s) ordered allowing you to check the specificities of each of the selected Articles their price (unit price including tax, total discount if the Article is concerned by a commercial offer, delivery costs if any, total price including tax), by clicking on the corresponding button.
5.2. Customer Identification
To place an order, you must create a personal account to allow us to manage your order.
When you place your first order, you must fill in a form containing the following information: your name, first name, full delivery and billing address(es), e-mail and telephone number as well as a personal password.
The account creation cannot be finalized and the order can only be registered if you have filled in all the mandatory fields of the registration form marked with an asterisk (*).
We will not be held responsible for any difficulties caused by the inaccuracy of the information you provide us.
5.3. Before finalizing your order, you can:
- view and modify the details of your order in your shopping bag which includes the main characteristics of the items ordered;
- view the modes of delivery after having been able to take note of the cost and delay of delivery corresponding to each of these modes;
- view payment terms,
5.4 Acceptance of the " T&Cs "
You must check the box concerning the acceptance of the " T&Cs ".
By checking this box, you confirm that you have read the " T&Cs " and therefore you have taken note and irrevocably accepted these “T&Cs” before the final validation of your order. The final validation of the order can only take place after this step. It also constitutes express and irrevocable acceptance of the prices and descriptions of the Articles available for sale and constitutes an electronic signature which has the value of a handwritten signature.
5.5 Validation of the order
When you validate your shopping bag by clicking on the corresponding button, you finalize your order for the Articles in your shopping bag and you acknowledge that placing the order requires payment, the order confirmation constituting a contract of sale between us.
You must identify yourself, if you have not already done so, either by indicating your user name and password, or, if you have not yet created a personal account previously, by clicking on "Create an account", or by placing your order as a guest.
At the time of payment, you can again check the summary of your order, as well as the delivery method you have chosen, the delivery time indicated and your payment method.
After validation of the payment, you will receive an email notifying you the receiption and details of your order, it being understood however that sending this email does not guarantee the availability of the Article in accordance with the provisions of Article 4 above.
In case of unavailability of the Article, we will refund the price you paid for the unavailable Article.
We reserve the right to refuse or cancel an order in exceptional circumstances and in particular under conditions legitimately suggesting that the order was made for professional needs and not personal.
The Customer has the possibility to pay by Credit or Debit card or Paypal.
- Payment by Credit or Debit card.
Credit or Debit cards accepted are Shopping bag e Bleu, Visa (except Visa Electron and Visa Maestro), Mastercard and American Express.
You must indicate your card number, its expiry date and the security code (pictogram) corresponds to the last three digits of the number generally located on the back of the card.
To ensure payment security, we use our partner Braintree's secure payment service. This service incorporates the security standard SSL (Secure Socket Layer). No banking information transits on our servers or on the Site: These are directly transmitted encrypted on the Bank's server.
In case of fraudulent use of your card on our Site, we invite you to quickly contact our customer service at the following number: + 33 1 49 89 76 20 or send an e-mail to the following address: email@example.com or click on the Customer Service tab in the Need Help section.
The order is validated only as from the reception of the payment by our banking partner. We do not deliver any orders for which payment has not been made.
We can also suspend delivery or cancel the order, in case of difficulties in the payment process (anomaly in payment), in case of non-compliance with the payment terms mentioned above, in case of non-payment, total or partial, of a previous or current order.
- Payment by Paypal: online payment service
7. TERMS OF DELIVERY
7.1 : Delivered countries
Articles offered for sale on our Site are available for delivery worldwide, except in South American countries and except for military places for parcel tracking purposes.
7.2 – Delivery methods
You have the choice between different delivery methods:
- At home, at the delivery address that you will have given when placing your order.
- delivery without signature with Colissimo (France and DOM TOM only). Shipping costs are offered by Colissimo exclusively in Metropolitan France from 75€.
- Express shipping with Chronopost. All orders placed before Friday 1pm will be delivered the next day before 1pm to your home. The orders placed on Friday after 1pm, on the week end or during a day off will be delivered the next working day before 1pm.
If you are absent at the time of delivery, the parcel is deposited at the post office appearing on the slip of passage given in your mailbox inviting you to withdraw it under the conditions and the times indicated by the Post office. At the end of this period, the Post Office will return the unclaimed parcel to us.
For packages not delivered for the reasons "unclaimed" or "does not live at the address indicated", we will send you an email. The package may be reshipped after your agreement and payment by you of the corresponding reshipment costs. In the event of refusal of forwarding or in the absence of answer on your part within 7 days as from the sending of the email, we will refund you the only amount of the ordered articles, i.e. with the exclusion of the initial carriage costs.
- In the Delivery Point that you will have chosen among our proposals:
- Shipping with Colissimo (France and DOM TOM only): shipping costs are offered exclusively in Metropolitan France from 75€.
- Express shipping with Chronopost: all orders placed before Friday 1pm will be delivered the next day before 1pm in the delivery point you have chosen. The orders placed on Friday after 1pm, on the week end or during a day off will be delivered the next working day before 1pm.
If you do not collect your package within the period notified to you by email, it will automatically be returned to us.
7.3 : Delivery times
We undertake to make our best efforts to deliver the Articles in your order within the deadlines indicated in the "Delivery" stage.
The delivery times mentioned at this stage run from the receipt of your Order Confirmation.
If a delay is likely to occur in delivery, we undertake to notify you as soon as possible.
In the event of prolonged delay of the delivery, you are invited to announce it to us by telephone +33 1 49 89 76 20 Monday to Friday from 9 am to 1 pm and from 2 pm to 5 pm (French hours) or by email at the address firstname.lastname@example.org or by clicking on the tab Customer Service in the heading Need Help.
7.4 Order tracking
In "My account" section, you can track the delivery of your order.
For delivery points, you will receive an email confirming delivery in the delivery point you have chosen, the address and opening times.
7.5 : Receipt of the order
The delivered order is accompanied by the invoice.
Upon receipt of your order, you are required to check the status of the Articles delivered. You have a period of 3 working days from the date of receipt of the package to make any reservations to the carrier and ourselves with all relevant documents, by phone at +33 1 49 89 76 20 email@example.com or by clicking on the Customer Service tab in the Help Need section, without prejudice to the application of the legal guarantee of conformity and against the defects of the Articles as well as the legal guarantee against hidden defects that could apply outside any defect resulting from transport conditions.
8. RETENTION OF OWNERSHIP
The Articles remain our property until full payment of the order price. However, the risk of the goods delivered is transferred to you as soon as you or a third party, other than the carrier, takes physical possession of the Article.
9. EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN OF AN ARTICLE
You have the legal withdrawal period provided for in Article L121-21 of the Consumer Code (French law) to cancel your order.
This period is 14 (fourteen) days from the date of receipt of the order.
To exercise your right of withdrawal, you must print the return form and the return slip issued by the Site for the Product(s) for which you intend to use your right of withdrawal. You will need to insert the Return Form inside your package and to fix the Return Form on the package.
Once the return form has been issued, you have a maximum of 14 days to return the Article(s) concerned.
The cost of returning Articles from mainland France is free.
For the returns of the Articles outside France, the expenses of returns are with your load.
We reserve the right to refuse any depreciated Articles due to manipulations of your part. This will be the case if the Article is damaged, soiled, incomplete or would have been worn. We shall not be obliged to accept returns of the Articles and to refund the Articles in the event that you fail to comply with the provisions of this Article.
The refund of the returned Article(s) as part of the exercise of your right of withdrawal will be made directly on the bank account used for payment of the order or on the PayPal account. You will be informed of your refund by email.
We do not do standard exchanges. If you wish to recommend the same Article but in a different size or colour, you must follow the return procedure provided in Article 9 above for the Article received and place a new order in a new size or colour. The shipping costs for this new purchase will be refunded on request by sending an email to firstname.lastname@example.org.
11. LEGAL WARRANTIES
11.1. You benefit from the following Legal Warranties
THE LEGAL WARRANTY OF CONFORMITY (articles L. 217-7 and following of the Consumer Code [French Law]),
If the Article does not match the description or qualities presented or your order
THE LEGAL WARRANTY AGAINST HIDDEN DEFECTS (articles 1641 and following of the Civil Code): the defect must be hidden at the time of purchase and make the Article unfit for the use for which it is intended or significantly reduce its use. It is up to you to prove the hidden defect of an Article.
You have 2 (two) years to act:
- from the receipt of the Article to activate the legal warranty of conformity
- from the discovery of the defect to activate the legal guarantee against hidden defects
11.2. Return procedure
In the event that you wish to implement one of these warranties, you must first inform us by sending an email to the following address: email@example.com
After informing us, you must return the Article using the return form and the return slip that will be issued. The address of return appears on the slip that you will have to stick on your parcel
We will replace or refund, as soon as possible and at our expense, the Articles delivered with defects or non-compliant have been proven.
In the absence of having respected the conditions of implementation of the warranties referred to above, the Articles shall be deemed to be in conformity and free from any defect.
Any warranty is excluded in case of misuse, negligence or lack of maintenance on your part, as in case of normal wear and tear, accident or force majeure.
Our Articles are in conformity with the French legislation in force and the standards applicable in France. Our responsibility cannot be sought in case of non-respect of the legislation of the Country in which the Article is delivered. It is your responsibility to verify with the competent authorities of the country of delivery the right to import the Article you intend to order from our Site.
We shall not be held liable or in default for any delay or non-performance following the occurrence of a case of force majeure usually recognized by French case law.
In the same way, our responsibility could not be committed for all the inconveniences or damage inherent to the use of the Internet network and completely external to the diligences and precautions which we took.
In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses, cannot engage our responsibility.
In the event of your breach of these “T&Cs ", we will send you a formal notice to remedy it. If this notice remains without effect after a period of 15 (fifteen) days, we may automatically delete your personal account and/or refuse your future orders. In case of serious breach by you of the “T&Cs”, including fraud, we may automatically delete your personal account and/or refuse your future orders.
13. PROTECTION OF PERSONAL DATA
We have made a personal data processing declaration to the French National Commission of Computing and Freedoms. The receipt for this declaration bears number 2119986.
You are invited to provide us with personal information such as your name, address, telephone number, e-mail address. You provide us with this information:
- when you create an account,
- when you place an Order on the Site,
- when you subscribe to the newsletter,
- when you contact Customer Service,
- when you browse the Site.
This information is treated in complete confidentiality for the use of the Site and is used, in particular, to manage our commercial relationship, to keep you informed of our offers and news, the proper management of our Site, and to carry out statistical data.
In accordance with the French Law "Computing and Freedoms" n° 78-17 of 6 January 1978, you have the right to access, modify, rectify or delete all your personal data at any time. You can exercise this right by sending an e-mail to : firstname.lastname@example.org
If you have subscribed to our newsletter and no longer wish to receive it, you can unsubscribe:
- by clicking in the newsletter on the link indicated for this purpose,
- by changing your choice in the "My Account" section,
- by contacting customer service at email@example.com
The request will be taken into account as soon as possible.
14. COOKIES INFORMATION
Cookies are text files deposited via your computer's browser. They enable us to optimize the performance of our Site, collect statistics in order to optimize the Site's functionalities, facilitate your identification, your preferences, your latest searches, and save your shopping bag for a certain period of time.
15. INTELLECTUAL PROPERTY
We are the owner of all the elements constituting the Site and in particular of the rights on the texts, the general architecture, the animated or not images, the graphics and the sounds.
In accordance with the French Intellectual Property Code, any representation or reproduction in whole or in part without our consent is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process.
The violation of this clause constitutes an infringement within the meaning of the Intellectual Property Code, which constitutes an offence punishable by 3 years imprisonment and a fine of 300,000 euros.
NEW MAN's Brand are registered trademarks. The reproduction, imitation, use, position, deletion or modification of a registered trademark constitutes an infringement punishable by 3 years imprisonment and a fine of 300,000 euros.
The use of the Site does not confer any intellectual property rights on the Site and its content.
Nothing in these T&Cs shall be construed as granting you any right of any kind with respect to the material protected by intellectual property.
If you have a personal website and you wish to place, for personal use, on your site a link referring directly to the Site, you must request our prior written authorization.
In any case, any link, not expressly authorized, must be removed on simple request on our part.
16. ENTIRE CONTRACT
These T&Cs express our full rights and obligations.
If a particular provision of these T&Cs is held to be invalid or declared as such by a decision having the force of res judicata of a competent court or if one of the clauses of these T&Cs were considered null and void by a change in legislation, regulations, the other stipulations will keep all their force and their scope. This does not affect the validity of and compliance with the other provisions of these T&Cs.
17. APPLICABLE DUTY
These T&Cs are subject to French law.