These general conditions of sale (hereinafter "GTC") apply without restriction, nor reservation to all sales concluded by the company LB COLLECTIONS, a simplified joint stock company, located 13, rue Maupertuis - 29200 BREST registered at BREST Trade and Companies Register under number 449 194 984, with consumers and non-professional buyers (hereinafter the "Customer"), wishing to acquire the products offered for sale on the website www.my -new-design.com (hereinafter the “Products”).
They specify the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Products offered for sale, their main characteristics and especially the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www.my-new-design.com.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are specified within the limits of available stocks, as specified when placing the order. In the event of unavailability, the missing and or exhausted Products may be replaced by similar varieties, unless the Customer advises otherwise.
These T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These T&Cs are always accessible the website www.my-new-design.com and will prevail, where applicable, over any other version.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website www.my-new- design.com.
These T&Cs may be subject to subsequent modifications, 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 the computer system of the company LB COLLECTIONS constitutes proof of all the transactions concluded with the Customer.
If a clause of these T & Cs were to be lacking, it would be considered to be governed and interpreted with regard to the practices in force in the online sales sector.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these GTC.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website www.my-new-design.com.
The Products presented on the website are offered for sale in France and internationally.
It is up to the Customer to select on the website www.my-new-design.com the Products he wishes to order, according to the process in force on the site.
Product offers are valid as long as they are visible on the website, within the limits of available stocks.
The sale will only be considered final after the sending to the Customer of the confirmation of the acceptance of the order by the company LB COLLECTIONS by e-mail after receipt by the latter of the entire deposit due.
In any case, the down payments required by LB COLLECTIONS from its Customers cannot be qualified as down payments.
When placing the first order and/or when registering, the Customer must enter his name, first name, e-mail address as well as a password which is strictly personal to him and indicate the title (Mr. or Mrs.).
For each order, the Customer is required to provide all the information necessary for delivery: address, access code, floor, etc. (and, for example, in the case of items with special delivery conditions: phone number on which he/she can be reached during the day to make an appointment).
During each visit, to access his personal data or to place an order, the Customer will have been identified in advance by his identifier (email address) and his password, it being specified that this is not used to carry out of payment.
For orders placed exclusively on the internet, the registration of an order on the site is carried out when the Customer accepts these T&Cs by checking the box provided for this purpose and confirms his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming its acceptance (in accordance with Article 1127-2 of the Civil Code). This validation implies acceptance of all of these GTCS and constitutes proof of the sales contract.
Any order placed on the site www.my-new-design.com constitutes the formation of a contract concluded at a distance between the Customer and the company LB COLLECTIONS.
LB COLLECTIONS 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.
In the event of cancellation of the order by the Customer after its acceptance by LB COLLECTIONS less than 7 days at least before the date scheduled for delivery of the Products ordered, for any reason whatsoever except the exercise of the right of withdrawal, the deposit paid with the order, as defined in article 4 “Payment conditions” of these GTCS will automatically be acquired by LB COLLECTIONS and cannot give rise to any reimbursement.
The Products are supplied at the current prices appearing on the website www.my-new-design.com when the order is registered. Product prices are indicated in euros, excluding taxes and all taxes included and do not include shipping costs: to be discussed again with ID interactive if the shipping costs are separate. The shipping costs will be specified in the basket page (after validation of the basket), where the Internet user will find the summary of his order and the amount of the shipping costs including VAT.
Purchases payment is made when ordering using the "Prestashop" application provided by Crédit Agricole, bank card.
LB COLLECTIONS reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force when the order is confirmed.
An invoice is established by the company LB COLLECTIONS and given to the Customer upon delivery of the Products ordered.
Purchases payment is made when ordering using the "Prestashop" application provided by Crédit Agricole, bank card.
Payment by check is not accepted.
Payment data is exchanged in encrypted mode using the HTTPS protocol.
Products purchased on the website www.my-new-design.com can be delivered in France and internationally.
The products are delivered to the delivery address indicated by the Customer during the ordering process.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
However, if the Products ordered have not been delivered within thirty days after confirmation of the order, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request, under the conditions provided in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code reproduced below.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are made by an independent carrier (GEODIS), to the address mentioned by the Customer when ordering and which the carrier can easily access.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the company LB COLLECTIONS, the related costs will be the subject of a specific additional invoicing, on estimate previously accepted by written by the Client.
The Customer is required to check the condition of the Products delivered. He has a period of ten (10) days from delivery to formulate by any written means to the company LB COLLECTIONS (postal mail, email, fax) any reservations or complaints for apparent defect or defect of the delivered Products. (for example: damaged package, already opened ...), and this, with all the relevant supporting documents (photos in particular).
After this delay and failing to comply with these formalities, the Products will be deemed to be free from any apparent defect and no complaint can be validly accepted by the company LB COLLECTIONS on this basis.
LB COLLECTIONS will reimburse or replace as soon as possible and at its expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
L.216-2 of the Consumer Code
In the event that the professional fails to fulfill his obligation to deliver the goods or provide the service on the date or at the expiration of the period provided for in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the professional to carry out delivery or to provide the service within a reasonable additional time, the latter has not performed within that time.
The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless, in the meantime, the professional has performed.
The consumer can immediately terminate the contract when the trader refuses to deliver the goods or to provide the service or when he does not fulfill his obligation to deliver the goods or to provide the service on the date or at the expiration of the prescribed period in the first paragraph of Article L. 216-1 and that this date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.
L.216-3 of the Consumer Code
When the contract is terminated under the conditions provided for in Article L. 216-2, the professional reimburses the consumer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
L.241-4 of the Consumer Code
When the professional has not reimbursed all of the sums paid by the consumer under the conditions provided for in Article L. 216-3, this sum is automatically increased by 10% if the reimbursement is made no later than thirty days on - beyond this term, 20% up to sixty days and 50% thereafter.
PROPRIETY TRANSFER – RISKS TRANSFER
The transfer of ownership of the LB COLLECTIONS, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of LB COLLECTIONS.
The Customer has fourteen (14) calendar days from receipt of the Products ordered, to exercise his right of withdrawal from the company LB COLLECTIONS, without having to justify reasons, nor to pay penalties, to end of exchange or refund, provided that the Products are returned within fourteen (14) days at least following notification to LB COLLECTIONS of the Customer's decision to withdraw.
If the Customer uses his right of withdrawal, the return of the Products must be made in their original packaging, in new condition for resale, accompanied by all accessories and notices in perfect condition for resale, with the original invoice of purchase to which the Products relate and the return number provided by Customer Service.
Any Product returned damaged, soiled or incomplete could imply the responsibility of the Customer by the company LB COLLECTIONS under the conditions of Article L221-23 of the Consumer Code.
The right of withdrawal can be exercised online at the following e-mail address: email@example.com using the following format:
Subject: Exercise of the right of withdrawal
For the attention of LB COLLECTIONS Customer Service
I hereby confirm my withdrawal from the contract for the sale of the property below:
Product references / Product name : xxxxxxxxx
Ordered the : xxxxxxxxx / Reçu le : xxxxxxxx
Customer First and Last name: xxxxxxxxx
Delivery address: xxxxxxxxx
Date : xxxxxxxxxxxx
Reason (optional) : xxxxxxxx
An receipt acknowledgment on a durable medium will be immediately communicated to the Customer by the company LB COLLECTIONS.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer.
Reimbursement may be made by crediting the bank card within a maximum period of 14 days from the returned product receipt by the company LB by the Customer under the conditions provided for in this article. : is it expected with Credit Agricole to be able to credit an account? YES
However, in accordance with article L.221-28 of the Consumer Code, the provisions of this article do not apply to:
- Products made to the Customer's specifications or personalized;
- Products which, after having been delivered and by their nature, are inseparably mixed with other items;
- Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;">
For any information or question, MY NEW DESIGN Customer Service is available to Customers:
MYNEWDESIGN - LB COLLECTIONS - 13, Maupertuis Street – 29200 BREST
For a complaint: firstname.lastname@example.org or by mail to the postal address listed above. Complaints are only accepted if the invoice is attached. Please mention your customer code as well as the invoice number.
All content on the website www.my-new-design.com and the catalogs are the property of LB COLLECTIONS and its partners and are 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.
In addition, LB COLLECTIONS remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) for the supply of the Products to the Customer. The Customer therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of LB COLLECTIONS, which may make it conditional on financial compensation, if applicable.
RESPONSABILITY – GUARANTEES
Products for sale on the website www.my-new-design.com comply with the French legislation in force and have performance compatible with non-professional uses.
The Products supplied by the company LB COLLECTIONS benefits all rights, without additional payment, regardless of the right of withdrawal, and in accordance with legal provisions:
The legal guarantee of conformity (art. L.217-1 to L217-14 of the Consumer Code), for products that are defective, damaged or do not correspond to the order,
The legal guarantee against hidden defects (art. 1641 to 1649 of the Civil Code) resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
And this, under the conditions and according to the modalities referred to in the box below.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
* Benefit from a period of two years from the delivery of the Product to act against the company LB COLLECTIONS
* Can choose between repair and replacement of the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
* Is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product (this period is six months for Products sold second-hand, if applicable.
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 and a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform LB COLLECTIONS, in writing, of the non-compliance of the Products or of the existence of hidden defects and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
LB COLLECTIONS will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of LB COLLECTIONS finding out about the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer's bank account or by check sent to the Customer.
The responsibility of the company LB COLLECTIONS can not be engaged in the following cases:
non-compliance with the legislation of the country to which the Products are delivered, which it is up to the Customer to verify;
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The warranty of LB COLLECTIONS is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.
LB COLLECTIONS reserves the right, before responding to the Customer's complaint, to have a person appointed by it verify on site the merits of its complaint and, in particular, to examine whether the care of maintenance have been carried out correctly.
Both Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
By express agreement, constitutes a case of force majeure: natural phenomena beyond the control of one or the other of the Parties (drought, frost, hail, fire, flood ...).
APPLICABLE RIGHTS – DISPUTES
These GTC are subject to French law.
All disputes to which the purchase and sale transactions concluded pursuant to these GTCS may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between LB COLLECTIONS and the Client will be subject to the competent courts under the conditions of common law.
In accordance with the provisions of the Consumer Code (art. L. 612-1 of the Consumer Code) concerning the amicable settlement of disputes, the company LB COLLECTIONS adheres to the MEDICYS mediation service whose contact details are as follows:
MEDICYS – 73, Boulevard de Clichy 75009 Paris
The Customer can use this mediation service for consumer disputes related to a purchase made on the website www.my-new-design.com which could not have been settled amicably with the company LB COLLECTIONS.
In addition, it is recalled that the Customer can also lodge a complaint on the online dispute resolution (ODR) platform made available by the European Commission at and accessible at the following address:
PERSONAL DATA PROTECTION
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data (surname and first name of the Customer, postal address for delivery of the Products, telephone number of the Customer, Customer's e-mail address, bank details) requested from the Customer by the company LB COLLECTIONS are necessary for the following purposes:
(i) processing and payment of their order, any related complaints and invoicing;
(ii) subject to prior consent, to the communication of newsletters;
In accordance with the regulations in force, the personal data of Customers collected by the company LB COLLECTIONS for the above purposes are kept for a period of:
Ten (10) years for the purposes provided for in (i)
Five (5) years for the purposes provided for in (ii);
These data may be communicated to any partners of the company LB COLLECTIONS responsible for the execution, processing, management and payment of orders.
In any case, personal data is not transferred outside the European Union.
The processing of information communicated through the website www.my-new-design.com meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms as amended by law n ° 2018-493 of June 20, 2018 the Customer has at any time, a right to information, a right of access and rectification, opposition, erasure, limitation of processing and portability of all of their personal data by writing, either by email to the '' following address: email@example.com, or at the following postal address:
MYNEWDESIGN - LB COLLECTIONS
13, Maupertuis street – 29200 BREST
The Customer also has the right to lodge a complaint on the use of his personal data with the CNIL : Nationale Commission of Informatique and Rights, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 -Tél : 01 53 73 22 22 - Fax : 01 53 73 22 00