Terms and conditions of use

ARTICLE 1: SCOPE

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Le Neomad SASU Simplified joint-stock company with a single partner, registered with the Pontoise Trade and Companies Register, under number 839 706 207 from any natural or legal person wishing to acquire the products offered for sale by Le Neomad on its website https://leneomad.fr ("hereinafter referred to as the "Customer").

The purpose of these conditions of sale is to define the contractual relationship between the Le Neomad and the Customer and the conditions applicable to any purchase made through the merchant site of https://leneomad.fr

The Customer declares to have read these General Conditions of Sale as well as the Privacy Policy, and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure on the website https:/ /leneomad.fr

Any order for a Product appearing in the online store of the website implies consultation and prior acceptance without restriction or reservation of these conditions of sale.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website https://leneomad.fr

Le Neomad reserves the right to modify these general conditions of sale in relation to the evolution of the laws, the modifications made will be applicable as soon as they are put online. The version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

Unless proven otherwise, the data recorded in Le Neomad' s computer system constitutes proof of all transactions concluded with the Customer.

ARTICLE 2: PRE-CONTRACTUAL INFORMATION

The fact for a natural or legal person, to order on the website https://leneomad.fr implies full and complete acceptance of these General Conditions of Sale, as well as the Privacy Policy, and obligation to pay for the products. ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against Le Neomad.

ARTICLE 3: ORDERS

3.1 Overview of the order

The contractual information is presented in English and is subject to confirmation at the latest when the order is validated by the Customer.

Some offers may be offered for a short period of time, this will be the subject of a specific announcement. Regarding stocks in limited quantity, the products are offered within the limits of available stocks, the mention of the exhaustion of the stock will be announced when placing the order.

However, in the event of an error concerning the availability of the article, Le Neomad undertakes to reimburse the Customer.

The Products offered are those listed in the catalog published on the website. These products have been quality checked. All the characteristics have been best presented by pictures and a descriptive sheet established by the designer. However, if errors or omissions may have occurred concerning this presentation, Le Neomad cannot be held liable. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website.

The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.

The Customer acknowledges that the photographs on the website cannot perfectly reflect the appearance of the Product. The actual visual impression may differ very slightly from that of the photograph, especially with regard to the colors; the Customer acknowledges that Le Neomad cannot be held liable on this basis.

The sale will only be considered final after Le Neomad has sent the Customer confirmation of acceptance of the order by e-mail - and after receipt by the Customer of the full price.

Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, regardless of the method of marketing their products. The Customer acknowledges and accepts that Le Neomad reserves the right to refuse an order clearly validated by a professional seller, with regard to the number of products ordered in a single order and with regard to the number of individual orders made for the same product. compared to the usual quantity of an average consumer.

3.2 Order Confirmation

The registration of an order on the Service Provider's site is made when the Customer accepts these General Conditions of Sale as well as the Privacy Policy, by ticking the box provided for this purpose and validates his order.

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

The Client must:

· Validate the basket of his order after having checked it;

· Log in to their Customer account if they have one. Failing this, the Customer may either create a personal Customer account, or choose to continue his purchase without creating an account;

Indicate or confirm the billing and delivery address;

Confirm your order and payment;

Validate the payment.

Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and Le Neomad.

Le Neomad reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the website.

Le Neomad will communicate, by a first e-mail, the following information: the registration, the confirmation of the order, the invoice, and the delivery time of the order.

Le Neomad will communicate, by a second e-mail, the delivery number registered with the carrier allowing to consult the follow-up of the delivery.

ARTICLE 4: PRICES

The currency varies depending on the country in which the Customer is located.

Prices are displayed inclusive of all taxes (French VAT), excluding shipping costs.

ARTICLE 5: CONDITIONS OF PAYMENT AND SECURITY

Payments will be secured by the Paypal payment system. Information relating to this system is available on the website https://www.paypal.com/fr/home. All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. They are also not kept on Le Neomad's computer systems.

The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms: by bank card (in particular Visa, Mastercard, American Express, as well as other bank cards as indicated on the website) or via a Paypal account.

Paypal is PCI DSS (Payment Card Industry Data Security Standard) certified by Visa and MasterCard.

The Customer's account will only be debited upon confirmation of payment for the order.

ARTICLE 6: DELIVERY TERMS

Delivery is available throughout Metropolitan France (Corsica, Monaco, Andorra as well) and in Europe, Africa, Asia and North America. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

Once the order has been validated, the address specified by the Customer cannot be modified. the carrier and Le Neomad will not be responsible in the event of impossibility of delivery due to an inaccuracy in the delivery address (knowing that the designation of PO boxes is prohibited).

Delivery is made as follows:

The package is delivered to the recipient's mailbox or against signature if its weight is greater than 5kg. If the recipient's mailbox cannot contain the package, a transit advice note is left there. It indicates the coordinates of the post office where the Customer can collect the package. The Customer has a period of 15 consecutive days to recover it. Beyond this period, the package will be returned to Le Neomad.

The Customer can follow the progress of the delivery of his order on the La Poste website with the tracking number which will have been communicated to him by e-mail.

In the event of a delay in delivery, which would be more than 7 working days than that indicated when ordering, the sales contract may be terminated at the request of the Customer, who will be fully reimbursed. The request is made by e-mail to the following address contact@leneomad.fr

Delivery costs are in accordance with the current rates charged by our carrier COLISSIMO and vary according to the weight of the package.

There are different rates depending on the delivery areas: France, Europe (EU), Europe outside the EU and international (Africa, Asia, North America)

The amount of the delivery costs is indicated in the "basket" section and is subject to the Customer's approval before validation of each order.

ARTICLE 7: TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from Le Neomad to the Customer will take place at the time of delivery, which constitutes the transfer to the Customer of physical possession or control of the Product.

The transfer of the risks of loss and deterioration relating thereto will be carried out at the same time, that is to say when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of Le Neomad.

ARTICLE 8: RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L221-18 and following of the Consumer Code, the Customer has a period of fourteen (14) days to withdraw from his purchase, without having to justify himself.

The fourteen (14) day period runs:

· From the day on which the Customer or a third party, who is not the carrier, designated by the Customer has received the item ordered,

or, in the case of an order for several items delivered separately, from the day on which the Customer, or a third party who is not the carrier, designated by the Customer, has received the last item.

The Client must notify the Company by completing the form below, or by sending a clear statement, by:

Email to contact@leneomad.fr

Postal mail sent to the company Le Neomad, 3 rue de senlis 95470 FOSSES

WITHDRAWAL FORM

I/We [*] hereby notify you of my/our [*] withdrawal from the contract for the sale of the goods [*]/for the provision of the service [*] below

Article ___[reference]_____________

Ordered on [*]/received on [*]: ______________

Name of consumer(s):

Address of consumer(s):

· Signature of the consumer(s) (only in case of notification of this form on paper)

Date

[*] Delete as appropriate.

The Customer then has a period of fourteen (14) days from the notification of his withdrawal, to return the products to the following address, the return costs being at his expense: Le Neomad, 3 rue de senlis 95470 FOSSES France.

Returns must be made in their original condition and complete (packaging, label, accessories, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

Le Neomad advises Customers wishing to exercise their right of withdrawal to contact Colissimo.

ARTICLE 9: REIMBURSEMENT

In the event of exercise of the right of withdrawal under the aforementioned conditions, Le Neomad only reimburses the price of the Product(s) purchased and the delivery costs; the return costs remain the responsibility of the Customer.

Neomad must reimburse the Customer for all sums paid, including delivery costs, after verification of the Products, without undue delay and at the latest within fourteen (14) days of receipt of the Product(s). ) returned by the Customer.

No refund can be made for the benefit of the Customer who has not exercised his right of withdrawal under the conditions of this article.

ARTICLE 10: CUSTOMER SERVICE AND COMPLAINTS

· In the event of a complaint, the Buyer may contact Le Neomad customer service department. For this, the Buyer may contact customer service by email at: contact@leneomad.fr

ARTICLE 11: LIABILITY AND WARRANTY

The Products sold on the website https://leneomad.fr comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by Le Neomad benefit automatically and without additional payment, in accordance with legal provisions and independently of the right of withdrawal:

The legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order;

The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unsuitable for use, under the conditions and according to the methods set out below.

As part of the legal guarantee of conformity, the Customer:

· since March 18, 2016, the customer has a period of two years from the delivery of the goods to act against Le Neomad the customer can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;

In the event that the repair or replacement of the Product ordered is impossible, the Customer may request reimbursement of the amount paid for the order

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.

The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform Le Neomad in writing of the non-compliance of the Products by e-mail to contact@leneomad.fr or by registered letter AR to Le Neomad at the following address:

Le Neomad Company,

3 rue de senlis

95470 FOSSES

Return costs will be borne by Le Neomad.

Le Neomad will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.

Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.

Le Neomad cannot be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,

· In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

Le Neomad's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.

ARTICLE 12: LIABILITY AND FORCE MAJEURE

Le Neomad, in the online sales process, will only be bound by an obligation of means: its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service or other unintentional issues.

Concerning the non-execution or the bad execution of the contract, Le Neomad can however exonerate itself from all or part of its responsibility by providing proof that it is attributable, either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, despite all reasonably possible efforts to prevent them. Are also considered as cases of force majeure, the blockages of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks, and in particular all networks accessible by Internet, or difficulties specific to telecommunications networks outside the parties.

The party affected by the force majeure will notify the other within five working days of the date on which it becomes aware of it. The two parties will then agree on the conditions under which the execution of the contract can be continued.

ARTICLE 13: INTELLECTUAL PROPERTY

The content of the website https://leneomad.fr is the property of Le Neomad and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. No one is authorized to reproduce, exploit, distribute or use for any reason whatsoever, even partially, the elements of the site, whether visual or sound. Any simple or hypertext link is strictly prohibited, except with the express written consent of Le Neomad.

In addition, Le Neomad remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes produced (even at the request of the Client) with a view to providing the Services to the Client. The Customer is prohibited from any reproduction or use of said studies, drawings, models and prototypes, without the express, written and prior authorization of Le Neomad which may condition it on financial consideration.

Consequently, any copy and use of the Le Neomad brand, (registered trademark) any parasitism derived from the operation of the site will be automatically prosecuted and sanctioned.

ARTICLE 14: PERSONAL DATA AND COOKIES

Personal data and cookies on the website are processed in accordance with Le Neomad' s Privacy Policy.

ARTICLE 15: APPLICABLE LAW

These General Conditions of Online Sale are governed by and subject to French law.

These General Conditions of Sale are written in English. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 16: LEGAL INFORMATION

Le Neomad company is a SASU (simplified joint-stock company with a single partner), registered with the Trade and Companies Register of Pontoise, under number 839 706 207, whose head office is located at 3 rue de senlis, 95470 Fosses et whose intra-community VAT number is FR 18839706207.

MANAGEMENT OF PERSONAL DATA - PRIVACY POLICY

Le Neomad operates through the website https://leneomad.fr

For this, Le Neomad is required to collect and process a certain amount of personal data concerning its customers.

Le Neomad attaches the greatest importance to the protection of the privacy and personal data of its interlocutors and to compliance with the regulations in force.

The processing of this data by Le Neomad as data controller is carried out according to the methods described below.

Data collected when creating an account or placing an order

Le Neomad may collect personal data on the website when placing an order or creating an account.

example: e-mail address, password, title, surname, first name.

Le Neomad may also be required to request proof of the identity or address of the user and to process data related to the account, to the orders, means of payment used, type of assembly selected and in general to exchanges between Le Neomad and the customer.

The payment data used on the website is collected only by the payment provider according to the payment method used by the customer and Le Neomad does not have access to it.

Other information such as dates of birth are optionally provided by the user.

The user will not be able to place an order if he does not provide the data identified as mandatory,

Purposes and legal bases: the processing of this personal data allows Le Neomad

- to provide information to the persons concerned

- to manage its file of customers and prospects

- manage orders

- to manage the follow-up of the relationship with the data subject (including the management of delivery, invoicing, payment or any requests and complaints), and, if necessary, to meet its legal obligations.

- to carry out information and prospecting operations concerning its activities, products and services, the carrying out of promotional operations, surveys or polls, the publication of opinions, the establishment of statistical data or profiles on the based on page views or orders made in order to improve or personalize this information. This processing does not give rise to automated decision-making that has legal or significant implications for the persons concerned.

Certain data may also be used for the purposes of combating fraud, which may give rise to the request for additional supporting documents, or for the purposes of security of the website.

The processing is based on the performance of a contract or pre-contractual measures at the request of the data subject, compliance by Le Neomad with its legal obligations and on the legitimate interests of Le Neomad for the purpose of carrying out its activity. commercial, while respecting the rights and freedoms of the persons concerned.

Data collected when subscribing to the newsletter

Le Neomad may collect personal data when the user subscribes to the newsletter. The customer's e-mail address must be provided, in which case the user will not be able to receive information e-mails on the activity, products and services of Le Neomad.

Purposes and legal bases: the processing of this personal data allows Le Neomad to send information relating to its activities, products and services and to manage its file of customers and prospects.

Processing is based on the user's consent.

Data collected through cookies and trackers

Additional data concerning the user may be collected through the cookies and tracers used by Le Neomad under the conditions explained below.

· How is Personal Data processed?

Personal data is subject to computer processing by Le Neomad as data controller for the purposes set out above.

Le Neomad undertakes not to use them in any other context, nor to transmit them to third parties, except for the cases provided for in this confidentiality policy without the customer's consent.

Recipients and subcontractors: personal data may be communicated, for the purposes set out above, by Le Neomad to its staff (in particular the sales or marketing department) and to its subcontractors and service providers (such as its service providers IT for data management, payment service providers, logistics service providers for delivery, marketing service providers in particular for the production of commercial statistics).

Some service providers may be required to transfer customer data outside the European Union.

Le Neomad strives to require its suppliers and service providers to comply with applicable regulations and, where applicable, that transfers outside the European Union be based on an adequate level of protection or sufficient guarantees.

Le Neomad may also be required to communicate the personal data processed to third parties in the context of compliance with a legal obligation, for example to respond to complaints related to information and content that could be in violation of the rights of third parties, on request. of a judicial or public authority, or in application of a judicial or administrative decision, or of an independent administrative authority.

Retention and archiving period: personal data is kept for the purposes set out above for the duration necessary to achieve these purposes.

In particular, personal data is used for the purpose of managing the prospect-customer file for a period of three years from the last contact from the person concerned.

These data are archived for the duration necessary for Le Neomad to comply with its legal obligations and for the establishment, exercise or defense of legal rights, equivalent to the applicable limitation period (maximum duration of ten years from the execution of the command).

What rights on the personal data communicated?

Any person who has communicated personal data to Le Neomad has the following rights over them, in the cases provided for by the regulations in force:

A right of access and rectification,

A right to erasure of data ("right to be forgotten"),

A right to restriction of processing,

A right to oppose processing, in particular the right to oppose the use of data for prospecting purposes or the receipt of newsletters during data collection or at any time thereafter;

The right to portability of the raw data provided to Le Neomad,

· The right to define directives relating to the fate of his personal data after his death,

The right to lodge a complaint with the competent authority (in particular the CNIL in France),

The right to withdraw consent.

These rights can be exercised by e-mail or by post to Le Neomad at the coordinates below.

These rights must be exercised under the conditions provided for by the regulations in force. In particular, a copy of the applicant's identity document or any document may be requested to prove his identity to Le Neomad.

· Contact information

Le Neomad

3, rue de senlis

95470, FOSSES

PAYMENT AND SECURITY CONDITIONS - SECURITY POLICY

The price is payable in one go, in full on the day of the order by the Customer, by means of secure payment, according to the following methods: by bank cards (in particular Visa, Mastercard, American Express, as well as other bank cards as indicated on the website) or via a Paypal account.

Paypal is PCI DSS (Payment Card Industry Data Security Standard) certified by Visa and MasterCard.

The Customer's account will only be debited upon confirmation of payment for the order.