By connecting to the lesnouveauxaffineurs.com site, you confirm your acceptance of these general conditions and agree to be bound by them. The general conditions are also fully applicable to any order placed with Les Nouveaux Affineurs on the lesnouveauxaffineurs.com site or via any other ordering platform.
A. GENERAL PROVISIONS:
The website https://lesnouveauxaffineurs.com, hereinafter referred to as the "Site" was designed by LES NOUVEAUX AFFINEURS, which owns and holds all the rights relating thereto. Unless the prior and express authorization of LES NOUVEAUX AFFINEURS, it is prohibited to copy or download all or part of the Site or its content. LES NOUVEAUX AFFINEURS however authorizes the creation of hypertext links to the Site.
B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED:
Article 1. ACCEPTANCE OF THESE GENERAL CONDITIONS
The fact for a user of the Site to add articles to his basket and to confirm his order constitutes full acceptance of these General Conditions, which will be the only ones applicable to the contract thus concluded.
Article 2. CONFIRMATION OF ORDER AND CONCLUSION OF CONTRACT
The Site contains at all times a commercial proposition for the sale of products, which is not legally considered to be a permanent offer. Thus, as will be explained below, the conclusion of a contract will only take place in the event of an order confirmation by LES NOUVEAUX AFFINEURS.
After validation of payment, in accordance with Article 3 of these General Conditions, the order is deemed to have been accepted by LES NOUVEAUX AFFINEURS
LES NOUVEAUX AFFINEURS will then confirm acceptance of the order to the user by e-mail or telephone. This confirmation, or where applicable, the refusal to accept an order will thus be confirmed to the user no later than 24 working hours after receipt of an order. LES NOUVEAUX AFFINEURS also reserves the right not to record a payment and therefore not to confirm an order for any reason whatsoever, relating in particular to a product supply problem, a problem concerning the order received, or a foreseeable problem concerning the delivery to be made. The user cannot cancel his order unless the amount indicated in the order confirmation by LES NOUVEAUX AFFINEURS exceeds by more than 5% the price indicated on the lesnouveauxaffineurs.com Site for the Products, transport and delivery. In this case, the order cancellation must be made by e-mail addressed to firstname.lastname@example.org no later than 4 hours after receipt by the Customer of the order confirmation.
Article 3. GENERAL OBLIGATIONS OF THE PARTIES:
3.1 Obligations of LES NOUVEAUX AFFINEURS:
LES NOUVEAUX AFFINEURS undertakes, in the event of acceptance of an order, to sell and deliver to the Customer the products for sale on the Site (the "Products") ordered by the latter. In this regard, LES NOUVEAUX AFFINEURS undertakes to deliver the Products to the carrier designated by LES NOUVEAUX AFFINEURS on the date defined on the "Delivery Policy" page of the Site: https://lesnouveauxaffineurs.com/policies/shipping-policy, or to deliver the Products to the Customer personally if the option “Withdrawal from Ivry-sur-Seine” is chosen. LES NOUVEAUX AFFINEURS has entered into a contract with this carrier under which the latter undertakes to deliver the Products to the address indicated by the Customer.
3.2 User obligations:
The Customer agrees to indicate to LES NOUVEAUX AFFINEURS an address to which delivery can be made during working hours and compatible with the chosen shipping method. The Customer undertakes to pay the price stipulated for the service of LES NOUVEAUX AFFINEURS (price of the Products and transport), and to pay or have paid, if applicable, and directly to the freight forwarder or carrier, the customs duties. , VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
The Customer is prohibited from reselling the Products. Any order placed by a Customer is for his personal use or for the personal use of the person in whose name the delivery is to be made. In the latter case, the Customer vouches for the personal acceptance of these General Conditions by the recipient of the delivery (who for this will be assimilated to the "Customer").
Article 4. SPECIFIC PROVISIONS:
4.1 Price, invoice :
The total price indicated in the order confirmation by LES NOUVEAUX AFFINEURS (the "Price") is the final price. The Price includes the price of the Products, handling, packaging and transport costs.
For delivery in the European Union: the Price also includes all costs and taxes for export outside France. For deliveries outside the European Union:
Customs duties, import duties, or other taxes may be payable on the products ordered.
The Price is expressed in Euro, the amounts which could be expressed in other currencies being provided for indicative purposes only. Payment for Products is made only by credit card. The debit from the Customer's bank card will be made in Euro upon acceptance of the order by LES NOUVEAUX AFFINEURS. An invoice can be established by LES NOUVEAUX AFFINEURS, at the Customer's specific request by e-mail sent to email@example.com which must specify the invoicing address.
4.2 Transport - Delivery - Delivery times :
The Products are delivered to the delivery address indicated in the order within a period in accordance with the shipping or collection method chosen by the Customer, unless payment has not been made for any reason whatsoever. The deadlines communicated to the Customer by LES NOUVEAUX AFFINEURS vary according to the zones and the shipping methods. These are indicated for information only on the Site, LES NOUVEAUX AFFINEURS cannot be held responsible for exceeding the indicative deadlines given on the Site or when confirming the order. In the absence of the recipient or of a person who can take possession of the Products upon delivery, the carrier will invite the Customer to collect the Products or to schedule a new delivery window by sending an email to the email address. provided by the Customer a notification of passage. Under no circumstances can LES NOUVEAUX AFFINEURS be held responsible for any deterioration of the Products in the event of late withdrawal of said Products from the carrier, or non-withdrawal of the Products by the Customer.
4.3 Transfer of Risks :
The transfer of risks on the Products takes place as soon as the Products are handed over by LES NOUVEAUX AFFINEURS to the carrier. Thus, the Products travel at the risk and peril of the Customer.
4.4 Reservations upon Receipt of Products - No return of food products - Limited Refund / Replacement Cases :
The Customer can only make reservations upon delivery of the Products in the event of a delivery that does not comply quantitatively with the order, or in the event that the package containing the Products is severely damaged. These reservations must be made in writing to the carrier upon delivery, or no later than 12 hours after delivery. A copy of these reservations must be sent to LES NOUVEAUX AFFINEURS by email or via the contact form available on lesnouveauxaffineurs.com no later than 12 hours after these reservations have been made. It is up to the Customer to provide with this shipment to LES NOUVEAUX AFFINEURS the confirmation by the carrier of the reality of these reservations.
No return of Products will be accepted. If the above procedure has been respected, and if it is thus proved that the reservations are due to the fact that the package and the Products are badly damaged, LES NOUVEAUX AFFINEURS at its option will refund the Customer the Price paid or will make a new delivery of Similar Products.
If the delivery does not comply quantitatively with the Order, LES NOUVEAUX AFFINEURS will only reimburse the price difference between the Products ordered and those delivered, of course, only if the Products delivered are priced lower than those ordered and paid for. No reservations can be made in relation to the taste, appearance or freshness of the Products.
4.5 Guarantee - Limitation
LES NOUVEAUX AFFINEURS guarantees that the Products are made in France and that they have undergone all the necessary care to ensure that they comply with the description which appears on the Site on the date of the order. LES NEW AFFINEURS also guarantees that the Products are of very good quality and are fresh when handed over to the carrier. This is the only guarantee granted by LES NOUVEAUX AFFINEURS. No other express or implied warranty is granted. In particular, LES NOUVEAUX AFFINEURS cannot guarantee that the Products meet the specific expectations of the Customer.
4.6 Liability - Limitation of Liability
The Customer is solely responsible for the choice of Products, their conservation from delivery and their use. In this regard, the Customer's attention is drawn to the fact that he must not consume the Products beyond the deadlines indicated on the labeling, nor if it appears that the Products have deteriorated (due to the heat , problems during transport or any other cause). LES NOUVEAUX AFFINEURS cannot be held responsible for any damage resulting from this fact. Likewise, LES NOUVEAUX AFFINEURS cannot be held responsible for non-compliance with the laws or regulations in force in the country of delivery, LES NOUVEAUX AFFINEURS being solely responsible for compliance with French regulations relating to the Products. In any event, whatever the possible reason for calling into question LES NOUVEAUX AFFINEURS 'liability, LES NOUVEAUX AFFINEURS' liability is limited to the lower of the following two sums: (i) amount of direct damage suffered by the Customer, or (ii) price of the order.
4.7 Personal data
When creating your order or your customer account, if applicable, LES NOUVEAUX AFFINEURS collects personal information and personal data concerning you. LES NOUVEAUX AFFINEURS will only use this data to ensure the proper execution of your orders by contacting you if necessary in the event of delivery difficulties, as well as to improve the services and information we send you.
They may also be sent to companies that contribute to its relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS - CONSUMER MEDIATION
If any of these General Conditions should be declared inapplicable or is invalidated for any reason, this invalidity or inapplicability will not affect the application or the validity of the other provisions of the General Conditions, that invalidated or deemed inapplicable being then replaced. by the closest possible arrangement. Neither LES NOUVEAUX AFFINEURS, nor the Client can be held responsible for any non-performance that may have originated in a case of force majeure, beyond its control, including in particular, without this being limiting, cases of war, riot, insurgency, transportation disruption, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
These General Conditions are governed exclusively by French law. Any dispute relating to the interpretation and / or execution of these General Conditions will fall under the exclusive jurisdiction of the French courts.