Terms & Conditions

1. PURPOSE

These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") govern all the terms and conditions of distance selling between the Seller and the Customer of NEW MAN designer ready-to-wear items on the www.newman.fr website (hereinafter referred to as the "Site") between:

The NEW MAN brand, owned by BELLE ETOILE - head office 8 rue Lincoln - 75008 Paris - 824 564 579 RCS PARIS.- -

hereinafter referred to as "We"

AND

- Any natural person of legal age who is able to make a personal purchase from the Site for non-commercial purposes, the customer undertaking not to purchase Items with a view to resale and generally not to use them for any purpose other than personal, in particular for commercial purposes, hereinafter referred to as "You", on the other hand.

Any order implies your acceptance of the GCS

Each order can only be finalized if you tick the box located after the sentence "I declare that I have read and accept the General Terms and Conditions of Sale", which can be consulted by double-clicking on the sentence.

We reserve the right to adapt or modify these General Terms and Conditions of Sale at any time

In the event of modification, the GTC in force and online on the day of the order will be applied to each order. For this reason, we invite you to print or download and keep the GTC at the time of your order.

 2 ARTICLES

"Articles" refer to ready-to-wear articles and accessories branded NEW MAN distributed on the Site. The Articles offered on the Site are described and presented as accurately as possible.

However, due to the digital presentation of the Items on the Internet and the settings specific to each computer or computer screen (color, contrast, brightness) your perception of the graphic representation of the Items may not correspond exactly to the Item(s) that will be delivered to you.

3 PRICES

Prices are quoted in euros (€) and include all taxes. For all orders delivered to the United Kingdom, items are tax-free and the customer will be required to pay customs duties upon receipt of the parcel. For all orders delivered to the United Kingdom, the items are tax free and the customer will have to pay the customs fees upon receipt of the package.

Delivery charges are invoiced in addition and are indicated separately once the country of delivery has been entered and before the final order validation stage.

The total price of the order to be paid is that which is communicated to you at the "Order validation" stage.

4 AVAILABILITY OF ITEMS

Items for sale on the Site are available for as long as they are displayed on the Site. Items that are completely out of stock are automatically withdrawn from the site.

If, by mistake, an item ordered is unavailable after the order has been placed, you will be informed by email and the order will be automatically cancelled.

5 ORDERING

• .1.

  Selecting items in the shopping basket

  For each item, you can consult a data sheet that includes sizes, available colors, a description of the item, its composition and washing instructions

  .

  Select the items you wish to order by clicking on the "Add to Cart" button.

  The items will then appear in your basket, with a summary of the item(s) description, color(s), size(s), quantity(ies) ordered, enabling you to check the specific features of each item selected, and their price (unit price including VAT, total discount if the item is part of a special offer, delivery charges if applicable, total price including VAT), by clicking on the corresponding button.

• 5

• .2 Customer identification

  To place an order, you must create a personal account to enable us to manage your order.

  When you place your first order, you will be asked to fill in a form containing the following information: your surname, first name, full delivery and billing address(es), e-mail address and telephone number, and a personal password.

  The creation of an account can only be finalized and the order registered if you have filled in all the mandatory fields on 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.

• 5.

• 3. Before finalizing your order, you can:

• view and modify the details of your order in your shopping basket, which contains the main characteristics of the items ordered;

  -

• view the delivery methods, after having been informed of the costs and delivery times for each method;

  -

• view the payment methods,

• 5.

• 4 Acceptance of the General Terms and Conditions

  You must tick the box indicating your acceptance of the General Terms and Conditions.

  By ticking this box, you confirm that you have read, understood and irrevocably accept these General Terms and Conditions before the final validation of your order. The final validation of the order can only take place after this step.

• It also implies express and irrevocable acceptance of the prices and descriptions of the items available for sale, and constitutes an electronic signature which has the same value as a handwritten signature.

• 5

• .5 Order validation

  When you validate your basket by clicking on the corresponding button, you finalize your order for the Items in your basket and you acknowledge that the placing of the order obliges its payment, the order confirmation constituting a sales contract 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 previously created a personal account, 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 method of payment

  .

  Once payment has been confirmed, you will receive an email notifying you of the receipt and details of your order, it being understood however that the sending of this email does not guarantee the availability of the Article in accordance with the provisions of article 4 above.

  In the event that an item is

• unavailable, we will refund the price you paid for the unavailable item.

  We reserve the right to refuse or cancel an order in the event of exceptional circumstances, and in particular in circumstances where there is reason to believe that the order has been placed for professional rather than personal purposes.

.

PAYMENT

Payment for the order must be made in cash.

Customers may pay by credit card or Paypal.

• .1.Payment by credit card

  Credit cards accepted are Carte Bleu, Visa (except Visa Electron and Visa Maestro), Mastercard and American Express

• You must indicate your credit card number, its expiry date and the security code (pictogram) corresponding to the three digits or last three digits of the number usually located on the back of the credit card.

  To ensure payment security, we use the secure payment service provided by our partner Braintree

  .

  This service incorporates the SSL (Secure Socket Layer) security standard.

  No banking information passes through our servers or the Site: it is transmitted encrypted directly to the bank's server.

  In the event of fraudulent use of your bank card on our Site, please contact our customer service department as soon as possible on the following number: 01 81 80 57 77 or send an e-mail to the following address: contact@newman.fr or click on the Customer Service tab in the Need Help section.

  Orders are only validated once payment has been received by our banking partner

  .

• We will not deliver any order for which payment has not been received.

  We may also suspend delivery or cancel the order in the event of difficulties in the payment process (payment anomaly), in the event of non-compliance with the above-mentioned payment terms, or in the event of total or partial non-payment of a previous or current order.

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• .2

  .

• Payment by Paypal: online payment service

.

DELIVERY TERMS

• .1 : Delivered countries

  Items offered for sale on our Site are available for delivery in France, Belgium and Luxembourg.

• .2 - Delivery methods

  You can choose between different delivery methods:

  -

  Home delivery, to the delivery address you provide when you place your order.

  Express delivery with Chronopost: all orders placed before 1pm will be delivered the next day before 1pm. Orders placed on Friday after 1pm, on weekends or during public holidays will be delivered the next working day before 1pm.Postage is free in "Relais" only in Metropolitan France for orders over €95.

  If you are absent at the time of delivery, the parcel will be left at the post office listed on the delivery slip given to you in your letterbox, inviting you to collect it in the conditions and time indicated by the Post Office

  .

  At the end of this period, the Post Office will return the unclaimed parcel to us.

  For parcels not delivered for the reasons "unclaimed" or "does not live at the address indicated", we will send you an email

  .

  The parcel can be reshipped with your agreement and payment of the corresponding reshipment costs.

  If

  the return is refused, or if you do not reply within 7 days of the e-mail being sent, we will refund you only the amount of the items ordered, i.e. excluding the initial shipping costs.

  -

  In the "Point Relais" that you will have chosen among the proposals.

  Shipping costs are offered in "Relais" exclusively in Metropolitan France from 95€.

• 7

• .3 : Delivery times

  We undertake to make our best efforts to deliver the Articles in your order within the times indicated in the "Delivery" stage

  .

• The delivery times mentioned at this stage run from receipt of your Order Confirmation.

  If there is likely to be a delay in delivery, we undertake to notify you

  as soon as possible.

  In the event of a prolonged delay in delivery, you are invited to notify us by telephone on 01 81 80 57 77 from Monday to Friday, 9am to 1pm and 2pm to 5pm (French time), or by email at contact@newman.fr or by clicking on the Customer Service tab in the Need Help section.

7

• .4 Order tracking

  In the "My account" section, you can track the delivery of your order.

• For Point Relais deliveries, you will receive an e-mail confirming delivery to the Point Relais of your choice, with a reminder of the Point Relais address and opening hours.

• 7

• .5: Receipt of order

  The invoice accompanies the delivered order.

  Upon receipt of your order, you must check the condition of the items 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 to us with all the necessary supporting documents, by telephone on 01 81 80 57 77 contact@newman.fr or by clicking on the Customer Service tab in the Need Help section, without prejudice to the application of the legal guarantee of conformity and against defects in the Articles, as well as the legal guarantee against hidden defects, which may apply in addition to any defects resulting from transport conditions.

• 8.

RETENTION OF TITLE

The Articles remain our property until full payment of the order price. However, the risks of the goods delivered are transferred to you as soon as you or a third party other than the carrier takes physical possession of the Article.

.

EXERCISE OF RIGHT OF WITHDRAWAL AND RETURN OF ITEM

You have the legal right of withdrawal provided for in Article L121-21 of the French Consumer Code 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 out the return form and the return slip issued by the Site for the Item(s) for which you intend to exercise your right of withdrawal. You will need to insert the Return Voucher inside your parcel and attach the Return Note to the parcel.

Once the return slip has been issued, you have a maximum of 14 days to return the item(s) concerned.

The cost of returning items from mainland France is free

For items returned from outside France, you are responsible for the return shipping costs.

We reserve the right to refuse any returned item that has depreciated due to handling on your part other than that necessary to establish the nature and characteristics of the item

This will be the case if the Article is damaged, soiled, incomplete or has been worn. Furthermore, we shall not be obliged to accept returns of Articles and to refund Articles in the event that you have not complied with the provisions of the present article.

The refund of the Article(s) returned within the framework of the exercise of your right of retraction will be carried out directly on the bank account used for the payment of the order or on the PayPal account. You will be informed of your refund by email.

10.

EXCHANGE

We do not carry out standard exchanges. If you wish to recommend the same Article but in a different size or color, you must follow the return procedure provided in article 9 above for the Article received and proceed with a new order in a new size or color. Shipping costs for this new purchase will be reimbursed upon request by sending an email to contact@newman.fr.

11. LEGAL WARRANTIES

• 11.1.

  You are entitled to the following legal warranties:

  -

  THE LEGAL WARRANTY OF CONFORMITY (articles L. 217-7 et seq. of the French Consumer Code), if the Article does not correspond to the description or qualities presented or to your order

  -

  THE LEGAL WARRANTY AGAINST HIDDEN DEFECTS (articles 1641 et seq. of the French Civil Code): the defect must be hidden at the time of purchase and render the Article unfit for its intended use or greatly diminish its use

  .

• It is up to you to prove the latent defect of an Article.

  You have 2 (two) years to take action:

  -

• from receipt of the Article to invoke the legal warranty of conformity.

  -

• from discovery of the defect to invoke the legal warranty against latent defects

• 11.2

  .

• Return procedure

  If you wish to invoke one of these warranties, you must first inform us by sending an e-mail to the address contact@newman.fr available on the Site.

  After informing us, you must return the Article using the return slip that will be issued

  .

  The return address is shown on the return slip, which you should attach to your parcel

  We will replace or reimburse, as soon as possible and at our own expense, any Articles delivered which are found to be defective or lacking in conformity

  .

  In the event of failure to comply with the above warranty conditions, the Articles will be deemed to be in conformity and free from any defect.

  All warranties are excluded in the event of misuse, negligence or lack of maintenance on your part, as well as in the event of normal wear and tear, accident or force majeure

  .

• 12.

RESPONSIBILITY

Our products comply with current French legislation and with standards applicable in France. We cannot be held liable in the event of non-compliance with the legislation of the country to which the Article is delivered.

It is your responsibility to check 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 responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence

Likewise, we shall not be held liable for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence and precautions we have taken.

In particular, we cannot be held liable for any disruption in the supply of the service, external intrusion or the presence of computer viruses.

If you fail to comply with these GTS, we will send you formal notice to remedy the

If this formal notice remains without effect after a period of 15 (fifteen) days, we may automatically delete your personal account and/or refuse your future orders.

event of a serious breach by you of the GCS, in particular in the event of fraud, we may automatically delete your personal account and/or refuse to accept future orders.

13.

PROTECTION OF PERSONAL DATA

We have declared the processing of personal data to the CNIL

The receipt for this declaration is number 2119986.

You are invited to provide us with personal information such as your name, address, telephone number and 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 with the utmost confidentiality and is used by the Site to manage our commercial relationship, to keep you informed of our offers and news, to ensure the proper management of our Site, and to compile statistical data.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, you have the right to access, modify, rectify or delete all your personal data

You can exercise this right by sending an e-mail to contact@newman.fr

If you have subscribed to our newsletter and no longer wish to receive it, you can unsubscribe:

by clicking on the appropriate link in the newsletter

by changing your choice in the "My account" section,

by contacting Customer Services at contact@newman.fr.

Your request will be processed as soon as possible.

14. Information on Cookies

Cookies are text files deposited on 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 last searches, and the saving of your shopping cart for a certain period of time.

We inform you that we use cookies by means of a banner located at the top of the home page, and inform you that by continuing your navigation, you accept the use of cookies.

15.

INTELLECTUAL PROPERTY

We are the owner of all the elements making up the Site, and in particular of the rights to the texts, general architecture, images (animated or not), graphics and sounds.

In accordance with the French Intellectual Property Code, any representation or reproduction, in full or in part, made without our consent is illegal

to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.

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 trademarks are registered trademarks.

The reproduction, imitation, use, positioning, deletion or modification of a registered trademark constitutes an infringement punishable by 3 years' imprisonment and a fine of 300,000 euros.

Use of the Site does not give you any intellectual property rights over the Site or its content

Nothing in these GTS may be interpreted as granting you any right whatsoever in respect of the elements protected by intellectual property.

If you have a personal Internet site and wish to place a link on your site to the Site for personal use, you must obtain our prior written authorization

In any event, any link that is not expressly authorized must be removed at our request.

16.

INTEGRALITY OF THE CONTRACT

These GTC express the entirety of our rights and obligations.

If a particular provision of these GTC is held to be invalid or declared as such by a res judicata decision of a competent court, or if one of the clauses of these GTC is considered null and void by a change in legislation or regulations, the other stipulations will retain all their force and scope

This shall in no way affect the validity of and compliance with the other provisions of these GSC.

17. APPLICABLE LAW

These GTC are governed by French law.

18.

CONDITIONS OF CURRENT OFFERS