ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales made by ATELIER MODERNE SARL (“the Seller”) under the brand name “LA NOUVELLE” to consumers and non-professional buyers (“the Customer or Customers”), wishing to acquire the products offered for sale by the Seller (“The Products”) on the lingerielanouvelle.com website. These General Terms and Conditions of Sale may be supplemented by special terms and conditions set out on the website prior to any transaction with the Customer. They are accessible at any time on the lingerielanouvelle.com website and will prevail, if necessary, over any other version or any other contradictory document. These General Terms and Conditions of Sale may be subject to subsequent modifications, but the version applicable to the Customer's purchase is the one in force on the website at the time the order is placed. Changes to these General Terms and Conditions of Sale are enforceable against users of the lingerielanouvelle.com website as of the date they are put online and cannot be applied to transactions entered into prior to this.
ARTICLE 2 - Products offered for sale
The photographs and graphics on the lingerielanouvelle.com website are not contractually binding and shall not incur the liability of the Seller. The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products are available on the lingerielanouvelle.com website. The Customer is required to refer to the description of each Product in order to become aware of its properties, essential features and delivery times. The contractual information is presented in French and is confirmed at the latest at the time the Customer validates the order. For orders to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due. They will be at the expense of, and are the sole responsibility of, the Customer.
ARTICLE 3 - Period of validity of the Product offer
Product offers are subject to availability, as specified when the order is placed.
ARTICLE 4 - Seller's contact details
The Seller's contact details are as follows:
SARL ATELIER MODERNE
Registered with the Marseille Trade and Companies Register 800409484
Registered office: 13, rue Decazes 13007 Marseille
Email: hello@lingerielanouvelle.com
Telephone: 04 13 63 01 38
Pursuant to the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at all times, the right to access, rectify, object to, delete and port all of his/her personal data by writing to the Seller at the address mentioned above, and providing proof of his/her identity. Validation of the order by the Customer implies unrestricted and unreserved acceptance of these General Terms and Conditions of Sale. The Customer acknowledges that he/she has the required capacity to contract and acquire the Products offered on the lingerielanouvelle.com website.
ARTICLE 5 - Customer account and Orders
5-1. Placing an order
The Customer must create a Customer Account to facilitate the ordering process. The Customer's personal data are saved when they create a Customer Account and they will not have to enter them again when placing subsequent Orders. A Customer account can be created either in the course of the ordering process on validating the basket, or beforehand by clicking on “My account” which is displayed on every page of the website.
The Customer must log in using their email address, which must be valid, and a password they have chosen. The passport specific to the Customer must then be confirmed. These elements are confidential. The Customer is solely responsible for the consequences of the use made of his/her account, until it is deactivated.
The continue the signup process, the Customer must enter his/her surname, forename, year of birth, postal address of usual residence, telephone number and email address.
The Customer must then update these details when they change. All changes must be made online and will take effect on the next business day.
LA NOUVELLE may automatically, without notice or compensation, deactivate a Customer's account if the Customer fails to comply with the terms of sale, fails to pay any sums due or performs actions counter to LA NOUVELLE's interests. Any Customer may deactivate their account by contacting LA NOUVELLE by email and clicking on “Contact”.
Orders placed on the lingerielanouvelle.com website are complete when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validating his/her order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the lingerielanouvelle.com website.
The sale is only final after the Seller has sent the Customer confirmation by email that it has accepted the order. This must be sent out without delay Any order placed on the lingerielanouvelle.com website under the conditions and in line with the procedures outlined above and that is validated by the Customer and confirmed by the Seller constitutes a contract between the Customer and the Seller entered into remotely. In the absence of proof to the contrary, the data recorded in the Seller's IT system constitutes proof of all transactions with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order. The Customer may track the progress of his/her order on the lingerielanouvelle.com website. The Products sold on the lingerielanouvelle.com website are not intended to be sold to professionals, but only to consumers or non-professionals for their own personal needs. The Seller therefore reserves the right to refuse orders for large quantities of the same Product.
5-2. Changing an order
Orders cannot be modified once confirmed and accepted by the Seller, under the conditions set out above. Customers will be informed as soon as possible by email if a product is unavailable after the order has been validated. The sale of the product is thus automatically cancelled and refunded.
A corrective invoice is sent to the Customer.
The Seller may offer the Customer another product in place of the unavailable product.
If the Customer accepts this proposal, the Seller sends the Customer an amended invoice.
5-3. Cancelling an order
Orders cannot be cancelled once they have been confirmed and accepted by the Seller under the conditions set out above, except where the Customer exercises his/her right to cancel or in a case of force majeure or depletion of stock as described above.
ARTICLE 6 - Prices
The Products are sold at the prices in force on the lingerielanouvelle.com website at the time the order is registered by the Seller. Prices are stated in Euros, excluding VAT and including VAT.
Prices do not include processing, shipping, transportation and delivery costs, which are billed extra, in the conditions indicated on the lingerielanouvelle.com website and calculated prior to the order being validated. The sum requested of the Customer is the total amount of the purchase, including all costs.
An invoice is drawn up by the Seller and forwarded to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer, by one of the following secure means of payment:
• By bank cards: Bank card, Visa, MasterCard,
• Paypal
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request that the payment be cancelled and that the sums in question be refunded.
The payment data are exchanged in encrypted mode using the protocol.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due. The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method. The Customer may be offered facilities to finance the purchase by an external banking institution.
ARTICLE 8 - Deliveries
The Products ordered by the Customer will be delivered to the address indicated by the Customer when placing the order on the lingerielanouvelle.com website. The Products will be delivered within the timeframe proposed by COLISSIMO. Currently, these delivery times are:
• 4 business days in France for COLISSIMO;
• 6 to 10 business days for COLISSIMO INTERNATIONAL.
The above-mentioned delivery times are increased by 10 business days during the month of August and during sales and private sales periods.
Delivery is the transfer of physical possession or control of the Product to the Customer.
All the Products ordered will be delivered in one delivery except in special cases or when one or more Products are unavailable.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the delivery times specified above. However, these delivery times are indicative. If the Products ordered are not delivered within 15 days of the delivery date mentioned, for any reason other than force majeure or a reason attributable to the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to him/her at the latest fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
If the Product delivered is non-compliant, the Seller undertakes to remedy this situation or to reimburse the Customer, as indicated in the article? “The Seller's Liability Guarantee”.
The transport risk is borne by the Seller and the Seller shall be obliged to reimburse the Customer for any damage caused during transport. Deliveries are made by an independent carrier to the address provided by the Customer at the time of ordering and which the carrier can easily access.
The Customer is bound to check the condition of the products delivered. Given the nature of the Products, the Customer has 48 hours from the date of delivery to make any claims and this by any means, including email. This claim must specify the nature of the non-conformity or apparent defect in the Products delivered (for example, a package already opened is damaged, etc.) and must include all documents supporting this claim (in particular photos). Beyond this period and if the above formalities are not followed, the Products shall be deemed to be compliant and free of any visible defect and no subsequent claims will be entertained by the Seller.
Promptly and at its own expense, the Seller shall reimburse or replace the Products delivered for which the Customer has proven they contain compliance defects or visible or hidden defects, under the conditions provided for in Articles L 217-4 and following of the Consumer Code.
ARTICLE 9 - Transfer of ownership
Transfer of risks Ownership of the Seller's Products will be transferred upon acceptance of the order by the Seller, giving concrete shape to the agreement between the parties as to the item and price, and this regardless of the date of payment and delivery. Regardless of the date of transfer of ownership of the Products, the risks of loss and deterioration incurred by the Products will only be transferred when the Customer takes physical possession of the Products. The Products therefore are transported at the Seller's risk.
ARTICLE 10 - Right to cancel
Pursuant to legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his/her right to cancel with the Seller. The Customer does not have to provide the reasons for this cancellation or pay any penalty to be reimbursed, provided that the Products are returned in their original packaging and in pristine condition within 14 days of the Customer informing the Seller of his/her decision to cancel. Returns must be accompanied by the purchase invoice and must be in their original condition and be complete (packaging, accessories, instructions, etc.) so they can be put back on sale as a brand new Product.
Damaged, soiled or incomplete Products will not be taken back. The right to cancel may be exercised online, using the cancellation form available on the lingerielanouvelle.com website. In this case an acknowledgement of receipt on a durable medium shall be immediately sent to the Customer by the Seller, or any other unambiguous statement expressing the Customer's desire to cancel. If the right to cancel is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be refunded. The costs of returning the Products are also borne by the Seller, with the exception of returns of Products purchased during sales periods, private sales, and in general promotional sales.
The refund will be made within 14 days of the Seller being informed of the decision to cancel, and provided that the Product has been returned to the Seller.
ARTICLE 11 - Seller's liability
Guarantee The Products sold on the lingerielanouvelle.com website comply with regulations in force in France and have performances compatible Products for non-professional use. The Products sold by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the statutory provisions:
• from the statutory guarantee of conformity, for Products that are visibly defective, soiled or damaged or that do not correspond to the order,
• the statutory guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for their intended purpose,
It is recalled that within the framework of the statutory guarantee of conformity, the Customer avails of a period of two years from the delivery of the goods to act against the Seller; he/she may choose between having the Product ordered repaired or replaced, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code; he/she is not obliged to prove the existence of the Product's lack of conformity for twenty-four months following the delivery of the Product. As set out in Article 8 herein, the Customer shall inform the Seller in writing of any non-conformity affecting the Products within 48 hours, at the latest, after delivery of the Products or the discovery of hidden defects within the above-mentioned time limits and shall return the defective Products in the condition in which they were received with all related elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair the Products or parts under guarantee that are found to be non-compliant or defective. The cost of shipping will be reimbursed on the basis of the rate billed and the cost of returning the goods will be reimbursed on presentation of the receipts. Products found to be non-compliant or defective will be refunded as soon as possible and at the latest within 3 business days of the Seller acknowledging the lack of conformity or hidden defect.
The refund will be credited to the Customer's bank account or by a bank cheque sent to the Customer. The Seller shall not be liable in the following cases:
• failure to comply with the legislation of the country to which the products are delivered, it being incumbent on the Customer to check this,
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of the normal wear and tear of the Product, accident or force majeure event.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of non-compliant Products or Products having a defect.
ARTICLE 12 - Protection of personal data
Pursuant to the Act 78-17 of 6 January 1978, as amended by the Act No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are required in particular to process the order and prepare invoices.
These data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the lingerielanouvelle.com website complies with statutory requirements concerning the protection of personal data since the information system used provides the best possible protection for these data.
In accordance with national and European regulations in force, the Customer has a permanent right to access, modify, rectify, object to and restrict the processing of information concerning him/her and the right to the portability of these data. This right may be exercised under the conditions and according to the procedures indicated on the lingerielanouvelle.com website.
ARTICLE 13 - Intellectual Property
The content on the lingerielanouvelle.com website is the property of the Seller and is protected by French and international intellectual property law.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 14 - Unforeseeable circumstances
In the event of a change in circumstances unforeseeable when entering into the contract and pursuant to the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if they fail to perform or are late in performing any of their obligations, as described herein, where this results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law
Language These General Terms and Conditions of Sale and the operations arising out of them are governed by French law. They are written in French. Were they to be translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - Disputes
All disputes arising out of the purchase and sale operations entered into under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and follow-up, that cannot be settled between the Seller and the Customer, shall be referred to the competent courts under common law conditions.
The Customer is informed that, in the event of a dispute, he/she may in any case have recourse to conventional mediation, in particular through the Consumer Mediation Commission (Consumer code art. L 612-1) or through existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
To settle a dispute it is first necessary to send us a complaint in writing to hello@lingerielanouvelle.com
One month later, if you are not satisfied, you can contact the CM2C mediation service simply and free of charge by going to www.cm2c.net and emailing your file to cm2c@cm2c.net or by post to cm2c, 14 Rue Saint Jean - 75017 Paris.
ARTICLE 18 - Pre-contractual information
Customer acceptance The fact of a natural person (or legal entity) placing an order on the lingerielanouvelle.com website implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, and this is specifically acknowledged by the Customer, who waives, in particular, the right to avail of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I
Provisions relating to statutory guarantees Article L217-4 of the Consumer Code The seller is obliged to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or the installation if the latter was under its responsibility in the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
To conform to the contract, the product must:
• Be suitable for the purpose usually associated with such a product and, if applicable:
• correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model
• have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling
• Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article L217-16 of the Consumer Code
When the buyer asks the seller, in the course of the commercial guarantee granted to him on acquiring the goods, to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the Civil Code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defect must be brought by the buyer within a period of two years following the discovery of the defect.