Terms and conditons
This site is edited by NEWLAB . These general conditions of sale define the rights and obligations of the parties in the context of sales made via the site https: // www.newlab-brand.com/ . They regulate all the steps necessary for placing and monitoring the order. They are concluded between, on the one hand, the company NEWLAB and, on the other hand, people wishing to place an order for product (s) via the site https://www.newlab-brand.com/ .
The SELLER's activity is the sale of clothing text and accessories. These conditions only concern users who are non-commercial natural persons, aged at least 18 years and having the legal capacity to contract, and on French territory. The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site. The General Conditions of Sale were updated on January 6, 2011. NEWLAB reserves the right to adapt or modify its General Conditions of Sale at any time. In the event of modification, the General conditions of sale applicable to the order will be those in force on the day of the final payment of the order.
Article 1. Definition
1.1. - User or Customer designates any User who browses, reads, reserves, orders and / or purchases a product or service offered on the site.
1.2. - Product means any product offered on the site. The site https://www.newlab-brand.com/ allows you to order a selection of clothing and accessories. The most accurate information possible, especially on quality, is available online. If all efforts are made to ensure that the color and pattern of the products whose photos are displayed on the site are faithful to the original products, variations may occur in particular due to the technical limitations of color rendering on computer equipment. Therefore, the site https://www.newlab-brand.com/ cannot be held responsible in the event of inaccuracy of the photographs or graphic representations of the products appearing on the site, the photographs not entering into the contractual field.
1.3. - Service means any service offered on the site.
1.4. - Site means the infrastructure developed by THE SELLER according to the computer formats usable on the Internet including data of different natures, and in particular texts, fixed or animated images, videos, databases, intended to be consulted by the User to know its products and services. The site is accessible at the main email address https://www.newlab-brand.com/.
1.5. - Internet designates different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP / IP.
Article 2. Approbation
The Customer declares to have read and accepted without reservation the General Conditions of Sale, applicable to the sales contract. The acceptance by the Customer of these conditions is materialized by the fact of ticking the box "I have read and I accept the General Conditions of Sale", as well as by the communication of his bank details for the purpose of payment of his order .
Article 3. Orders
The User has the option of placing their order online from the online catalog on the site. The order can only be registered on the site if the User has clearly identified himself by entering his email address and password, which are strictly personal to him. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below. THE SELLER agrees to honor orders received via the site only within the limits of available stocks of products.
If the product is not available, THE SELLER undertakes to inform the User thereof and to offer him either to supply him with replacement articles having similar or better characteristics and qualities at an equal or higher price, or to reimburse him if his bank account has been debited.
Article 4. Validity of the order
Prior to the first order, any User of the site must follow a registration procedure allowing them to identify themselves. In all cases, the online supply of the bank card number and the final validation of the order will be worth proof of the entirety of said order in accordance with the provisions of the law of March 13, 2000 and will be worth due of the sums committed by the order. This validation constitutes signature and express acceptance of all the operations carried out on the site. However, in the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is observed, to contact the SELLER's customer service by email: email@example.com.
The computerized registers, kept in the SELLER's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. It is expressly agreed that, unless there is a manifest error on the part of the SELLER, the data kept in the information system of the SELLER have probative force as regards orders placed by the User. Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same
probative force that any document which would be established, received or kept in writing. Archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a copy
faithful and durable in accordance with article 1348 of the Civil Code.
Article 5. Delivery
The User has the choice to have it delivered, either to his home or to another address. The SELLER agrees to make the deliveries of the items ordered as soon as possible. The average times observed for the available items are 48 hours for delivery in mainland France via the Colissimo tracking service.
Article 6. Payment terms
Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. These prices do not include shipping costs, depending on the amount in force. Any change in the applicable VAT rate may be reflected in the prices of the products. The prices cannot be modified once the Customer's order has been placed. Likewise, if one or more taxes or contributions, in particular environmental ones, were to be created or modified, up or down, this change may be reflected in the sale price of the items present on the SELLER's website and the sales documents. The prices of the articles ordered on the site and the date of the order in question are authentic. The User pays for his online purchases when ordering by bank card (Carte Bleue, Visa, Mastercard).
Article 7. Right of withdrawal / returns
The User has a right of termination which he can exercise within 24 hours after placing his order by informing customer service. If the product is in preparation for the order, the shipping costs will not be reimbursed. Otherwise, the provisions of article L.121-20 of the Consumer Code apply. All items are subject to exchange or refund except those marked otherwise. In case of exercise of the right of return by the Customer, and in accordance with the provisions of article L.121-20 of the Consumer Code, the costs of returning the order remain the responsibility of the Customer. Returns must relate to new items in their original packaging, accompanied by any accessories, user manual and documentation. Items returned incomplete, damaged, damaged or soiled by Customers are not accepted. The Customer's request for an exchange or refund must be made within the legal deadline at the time of purchase. If the new order is of a higher amount, the User must attach the payment of the balance to the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the User will receive upon receipt of the request a check letter in reimbursement of the difference. In all cases, any request for exchange or reimbursement must be made, at the Customer's expense, by post to the address of VENDEUR : SODILOG, 4 rue curie, 68000 Colmar.
In the event of abnormal or abusive returns, the SELLER reserves the right to refuse a subsequent order. In the event of exercise of the right of withdrawal, the SELLER is required to reimburse the sums paid by the Customer, without cost or interest, within a maximum period of 30 working days.
Article 8. Guarantees
All articles are subject to a contractual guarantee, which does not preclude the legal guarantee provided for in articles 1641 and following of the Civil Code. For articles delivered defective, the User benefits from a guarantee allowing him to return them in accordance with articles L. 211-4 and following of the Consumer Code.
Article 9. Payment security / Confidentiality
The SELLER implements all means to ensure the confidentiality and security of the data transmitted on the web.
When paying, your bank details are encrypted on your computer and then transmitted in unintelligible form to only servers capable of decrypting them. Authorizations and data are then checked with your bank to avoid abuse and fraud. As such, the website uses the secure payment module of the LCL bank, which ensures, through an encryption technique, the integrity and confidentiality of the data communicated by the Customer. Once your payment is validated, your bank data is destroyed: this is why we ask you for each new order your credit card number. The rules for the use of bank cards impose on banks domiciled in France the obligation to cover the risk of fraudulent use of your card. We remind you that you must report any fraudulent transaction to your bank or establishment issuing your card. In the event of a problem with the payment system, the LCL bank will assume sole responsibility
full of service.
Article 10. Personal data
Article 11. Responsability
THE SELLER has for all stages of order taking as well as for the stages subsequent to the conclusion of the contract (transport of products, for example) an obligation of means. THE SELLER undertakes to describe with the greatest accuracy the products sold on its site.
Presentation photographs illustrating the products offered in the online store's electronic catalog https://www.newlab-brand.com/ tend to describe and present items with the greatest accuracy.
However, the SELLER may have to modify an article, in particular to improve its quality or its presentation. Consequently, these photographs cannot be regarded as entering into the contractual field and the variations in the representation of the articles can neither engage the responsibility of the SELLER nor affect the validity of the sale subject to the legal guarantees envisaged in article 9 of present. In all cases, the SELLER cannot be held liable in the event that the non-performance of his obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure as defined by French jurisprudence. Likewise, the SELLER cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an outside intrusion or the presence of computer viruses.
Article 12. Force majeure
The responsibility of either party cannot be sought if the performance of the contract is delayed or prevented due to force majeure or a fortuitous event, due to the other party or third parties or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 13. Intellectual property
All elements of the SELLER's site, whether graphic, text or sound, including the underlying technology, are protected by the Intellectual Property Code. They are the full property of NEWLAB. Any reproduction or representation, in whole or in part, of NEWLAB's intellectual property rights must be subject to its prior written authorization. The User who has a personal website and who wishes to place, for personal use, on his site a simple link direct to the site https://www.newlab-brand.com/, must request NEWLAB's prior written authorization. In all cases, any unauthorized link must be removed at the request of the SELLER.
Article 14. Duration
These conditions apply throughout the duration of online services and products offered by THE SELLER.
Article 15. General provisions
15.1. - Entire contract
The parties recognize that this contract constitutes the entire agreement concluded between them and replaces any previous offer, provision or agreement, written or verbal.
15.2. - Nullity
If any of the stipulations of this contract turns out to be void with regard to a rule of law in force or a judicial decision which has become final, it would then be deemed unwritten, without however nullifying the contract or altering the validity of its other provisions.
15.3. - Waiver
The fact that either party does not claim the application of any clause of the contract or agrees to its non-performance, whether permanently or temporarily, cannot be interpreted.
as a waiver by this party of the rights which arise for it from the said clause.
15.4. - Domiciliation
The parties elect domicile at the addresses indicated on the order form for the User and at the address appearing on the site for THE SELLER.
15.5. - Applicable law and disputes
These conditions are subject to French law. The competent court in the event of litigation will be that of the place of domicile of the defendant or, at the choice of the defendant, of the place of effective delivery of the product.