GENERAL TERMS AND CONDITIONS OF SALE
Legal notices Identity Company name:
NEWLIFE CORPORATE Legal Form: Simplified Joint-Stock Company Trade Name: NEWLIFE Share Capital: 1000 euros Address: 11 RUE LEBLOND ST HILAIRE RCS TOULON No. SIRET: 834122673 Intra-Community VAT No.: FR55 834122673
Contact Telephone: 07 63 42 54 98 (local call rates apply)
Email: contact@newlife360.fr
Website: www.newlife360.fr
Website Hosting Provider: OVH SAS with a capital of €10,069,020 Registered office: 2 rue Kellermann - 59100 Roubaix - France RCS Lille Métropole 424 761 419 00045 APE Code 2620Z VAT No.: FR 22 424 761 419
Intellectual Property: The Site is an intellectual work protected by law. Its content, including texts, illustrations, photographs, and presentations, is strictly protected under copyright and intellectual property law. The same applies to the database contained on the Site.
NEWLIFE CORPORATE grants you a limited, non-exclusive, revocable license, without the right to sublicense, to access, browse, and use the Site's content. This license does not grant you any other rights, in particular no right to commercially exploit this content. Trademarks: The company names, trademarks, and distinctive signs appearing on the Site are protected by French and international law. Any use, reproduction, distribution, or representation of all or part of any of the aforementioned signs without express written authorization is prohibited. Personal Data: For information regarding the collection, processing, and use of your personal data, please refer to our privacy policy. Mediation: In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, you may write to NEWLIFE CORPORATE's mediation service or use the PAYPAL mediation service available on our website. After consumers have first contacted NEWLIFE CORPORATE in writing, the Ombudsman Service may be contacted for any consumer dispute that has not been resolved. For information on how to contact the Ombudsman, please refer to the European Commission's online dispute resolution platform, in accordance with the European regulation of May 21, 2013, on alternative dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.
2. PRIVACY POLICY
1. PROTECTION OF YOUR PERSONAL DATA
1.1. What is personal data? Personal data (short: personal information) is any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, by reference to one or more factors specific to their physical identity.
1.2. Information You Provide When you use our services, we collect certain information that is essential for us to respond to your request, including information about the features you use, how you use them, and the devices you use to access our services. If you contact us via our contact form or other means, we collect the information you provide during that interaction.
2. COOKIES AND OTHER SIMILAR TECHNOLOGIES
2.1. What is a cookie? Cookies are small text files placed on your hard drive by the website you visit, allowing it to record and store certain information about your computer and about you. They are essential for the functioning of the internet because they enable proper communication between two computers. The information collected is also used to operate applications that you use on the website.
2.2. How do cookies affect you? Some cookies also collect personal data about you, which they then transmit to third-party companies. They can gather personal information that you haven't voluntarily shared online, such as your browsing history, where you click on the site, a session ID, etc. Taken together, this collected information can create a picture of your personal life that can then be sold to advertisers. This is why we need to ask for your permission to install certain cookies on your computer.
2.3. Which cookies require your explicit consent? Not all cookies require separate explicit consent. For example, "functional" cookies, which allow you to use the specific features of our website and use your personal data solely for this purpose, are presumed to have your consent. Cookies that use your data for other purposes, particularly those belonging to service providers, require your explicit consent.
2.4. What are cookies used for on our site? We use cookies on our site to: ⎯ allow the site to function properly, ⎯ contribute to the security of the service requested by the user, ⎯ allow or facilitate communication by electronic means, ⎯ provide you with the service requested by the user, ⎯ measure the site's audience, ⎯ advertise, ⎯ connect you to social networks, ⎯ adapt the site's content to your browsing habits.
2.5. What cookies are present on our site and subject to your consent? a. Audience measurement cookies We use Google Analytics cookies to generate anonymous statistics limited to our site and services. This does not allow us to identify you directly. This cookie is issued by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google can then combine your data collected here with data from other sites or sources to create a profile and perform automated profiling. Google Analytics has an average lifespan of two years and may transfer the collected data to its servers located in the USA for reuse for commercial purposes by other Google services, subsidiaries, and business partners. Subject to Irish law, you can exercise your rights directly with the dedicated service or by writing to the following address: GOOGLE Ireland Ltd., Google Data Privacy Officer, Gordon House, Barrow St, Dublin 4, Ireland. Social media cookies: Facebook cookies use data that allows you to connect to social networks by offering you personalized content with advertising tracking based on personal data you provide from our site or have provided to third-party websites. It is published by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The data collected may be transmitted to its servers located in the United States and reused for commercial purposes by other Facebook services, subsidiaries, and business partners. However, to be effective, this application cross-references personal data to create a profile. This cookie may trigger other cookies that collect personal data. Only Facebook Ireland Ltd. controls the nature and amount of data collected. Subject to Irish law, you can exercise your rights directly with the dedicated service or by writing to the following address: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
2.6. How to refuse cookies? Some cookies are essential for the proper functioning of the site. By configuring your browser to refuse all cookies necessary for the site's proper functioning, certain features, pages, and areas of the site will not be accessible. You can accept or refuse cookies that are not essential for the site's proper functioning, in accordance with Article 32-II of the French Data Protection Act of 6 January 1978, by accessing the "Configure my cookies" tab or by clicking here. [Insert a link to tarteaucitron]
3. How do we use personal data?
3.1. Main Purposes The main purposes for which we use your data are: • To respond to your request through our contact forms. • To send you our newsletter if you have subscribed. • To process and deliver your order. • Legitimately for the improvement and development of our services. • Legitimately to contribute to the security of our services and prevent any fraudulent, illegal, or unauthorized activity. • To meet our legal, social, and tax obligations. When we collect data that is not justified by our legal or contractual obligations, our legitimate interest, or to respond to your request, we will ask for your consent and specify what it will cover.
3.2. Confidentiality and Conditions for Sharing Your Data We consider the data you entrust to us to be confidential. However, in order to provide you with these messages, we must share the data you entrust to us with our hosting and website security subcontractors. These partners are bound by a confidentiality agreement and may only use your data to fulfill their assigned tasks. When legally required or when we wish to assert our rights, we may be required to disclose some of your personal data.
3.3. Data Transfers Outside the European Union Our website is located in France. However, we use subcontractors located within the European Union and the United States of America.
4. How long do we keep the data? We only keep your personal data for as long as we need it for legitimate business practices, our legal obligations (including for billing purposes) and as permitted by applicable law.
5. Newsletter The newsletter service involves the processing of personal data under the responsibility of NEWLIFE CORPORATE. As part of managing the newsletter distribution, we handle subscriptions and compile statistics related to this service. The data originates from the registration of individuals wishing to subscribe to the service in the dedicated registration field on our website. Only personal data provided voluntarily and explicitly by those requesting newsletter subscription is processed and is subject to consent in accordance with Article 6.1 a of the GDPR. The data collected includes: email address, subscription date, newsletter service statistics, and unsubscription date. This data is mandatory to receive our service, and we assure you that no automated decision-making is based on this data collection. The recipients of this data are our publishing manager and its subcontractors, in the context of their webmaster, hosting, and newsletter distribution responsibilities. Your data is not transferred outside the European Union. We retain your email address until you unsubscribe via the unsubscribe link in each newsletter. To learn how to exercise your rights, please see Article 7 of this policy.
6. Contact Form The contact form is a personal data processing activity under the responsibility of NEWLIFE CORPORATE. It allows you to interact with us regarding any request you initiate. Fields marked with an asterisk (*) are mandatory so that we can respond to your request. The recipients of this data are our publishing manager and our subcontractors in the context of their webmaster and hosting duties. The contact form allows our publishing manager to respond to your request. The data originates from the registration by the person wishing to interact with NEWLIFE CORPORATE in the designated fields of the form. Only personal data provided voluntarily and expressly by you is processed and is subject to consent in accordance with Article 6.1 a of the GDPR. The data collected includes: email address, subject, and message content. This data is mandatory for processing your request, and we assure you that no automated decision-making is based on this data collection. The recipients of this data are the publisher and its subcontractors, in the context of their webmaster and website hosting responsibilities. The data may be transferred outside the European Union. We retain mandatory data until the request has been processed. To learn how to exercise your rights, please see Article 7 of this policy.
7. Your rights regarding your personal data
7.1. What are your rights? In the context of your interactions with us via this website, you have the right to access, query, and rectify your data so that we may, where applicable, correct, complete, update, block, or erase any personal data concerning you that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure, or storage is unlawful. You also have the right to object to the processing of your data for legitimate reasons. This means that, in the event of an objection, we will not be able to respond to your request.
7.2. How to exercise your rights and contact us? If you have a request concerning the protection of your data, you can contact us via our contact form or by mail to NEWLIFE CORPORATE, 11 rue Lebond St Hilaire, 83000 Toulon, France. For your protection and the protection of all our users, we may ask you to provide proof of identity before we can respond to your requests. Furthermore, we may not be able to comply with certain requests by which a user objects to the processing of their personal data, particularly when these requests would prevent us from providing our services or fulfilling the order. You can also lodge a complaint with the competent supervisory authority in your country of primary residence, and in particular with the Commission Nationale de l'Informatique et des Libertés (CNIL) for French residents.
GENERAL TERMS AND CONDITIONS OF SALE
Preamble Welcome to the website www.soin-minceur.com (hereinafter referred to as the "Site"), published by the company NEWLIFE CORPORATE (hereinafter referred to as "Newlife" or the "Seller"). By making purchases on the Site, the consumer (hereinafter referred to as the "Customer") acknowledges having read these general terms and conditions of sale (hereinafter referred to as the "Terms and Conditions") and accepts them without reservation. The Customer also accepts the Privacy Policy as well as all applicable legal and regulatory provisions. NEWLIFE reserves the right to modify the Terms and Conditions at any time and therefore invites Customers to review them regularly. The Terms and Conditions applicable at the time of an order remain unchanged for that order despite any subsequent modifications. Purpose These Terms and Conditions establish the contractual conditions exclusively applicable to any purchase of products made on the Site by a buyer acting as a consumer, referred to as the Customer. The Site aims to offer its Customers a variety of products including food supplements, dietetic products and accessories (hereinafter the "Products") for remote sale.
2. Products
2.1 Product Characteristics Before placing an order, the Customer may review the essential characteristics of the Products they wish to order by consulting the pre-contractual information provided by NEWLIFE before placing any order. The Seller will make its best efforts to regularly update the illustrations of the Products for sale on the Site.
2.2 Stock Availability Products are offered and delivered subject to stock availability. If an item is out of stock, the customer may be refunded in the form of a voucher if they so wish. If the customer refuses the voucher, the Seller will refund the amount paid within 30 (thirty) days. Beyond the refund of the price of the unavailable product, the Seller is not liable for any cancellation compensation.
3. Prices/Rates The selling price of the Products is that in effect on the date the order is placed. The goods remain our property until full payment of the selling price. In the case of a promotional price, the Seller undertakes to apply this price to any order placed during the promotional period. The Seller reserves the right to modify prices at any time. In the event of a price increase after the order has been placed, the Seller undertakes to apply the prices in effect on the date the order was placed. The selling price of the Products does not include delivery charges, which are billed in addition to the price under the conditions set forth in Article 6 herein. Prices include Value Added Tax (VAT) applicable on the date of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the Products sold by the Seller on the Website. In certain circumstances for orders outside mainland France, the Customer may be subject to customs duties in addition to the price of their order, which they will be responsible for paying directly to the requesting administration.
4. Orders All orders constitute unreserved acceptance of the General Terms and Conditions of Sale and the Privacy Policy. By validating their order by checking the box "I have read the general terms and conditions of sale and I accept them without reservation" and by clicking on "Order," the Customer is deemed to have knowingly accepted the content and conditions of the order, and more specifically the fact that the order implies an obligation to pay. The Seller will then proceed to collect the full price corresponding to the order. Once the order is validated, it can no longer be canceled by the Customer. The sale will be considered final, unless the Customer exercises their right of withdrawal under the conditions of Article 7 of the General Terms and Conditions of Sale. The Seller confirms the order by sending an email to the Customer. The Seller reserves the right to cancel any order from a Customer for whom there is an existing dispute concerning payment for a previous order. The information provided by the Customer when placing an order and/or creating a Customer account is binding upon them: in the event of an error in the Customer's or the recipient's contact information, the Seller cannot be held responsible for any delay or inability to deliver the ordered Product(s). The Seller may review orders placed through its customer service department. To protect against fraudulent activity, customer service may request any necessary supporting documents from the Customer to validate an order that appears suspicious (photocopy of identity card, proof of address, etc.). The purchase of Products is exclusively reserved for individuals for personal use and consumption.
5. PAYMENT
5.1 Payment Methods The Customer warrants to the Seller that they are the holder of the payment methods used to place orders on the Site. Otherwise, the Customer warrants that they have the authorization of the holder of the payment method used to place the order. The Seller offers its Customers the following payment methods: • Bank cards: Carte Bleue, Visa, MasterCard • PayPal secure payment system. Depending on each order, however, we reserve the right to not offer certain payment methods or to offer others. We only accept payments from bank accounts held in the European Union (EU). All fees related to your payment are your responsibility. In the case of purchases by credit card, your account is debited on the day your order is shipped. You agree to receive invoices and credit notes only in electronic format.
5.2 Payment Methods Payment is made exclusively through the payment methods made available to the Customer by the Seller via PayPal, under the conditions specified by this payment method. The Seller is not responsible for any difficulties that may arise due to this payment method being processed by a third party independent of the Seller. As all prices are displayed in euros, orders must be paid in the same currency and include all taxes and contributions. The Customer will bear any additional charges related to customs duties, as well as any additional charges billed by their bank or financial institution in connection with the order. Once payment is validated, the order will be processed by the Seller. In the event of total or partial non-payment, or fraud or attempted fraud, the Seller will automatically cancel the order in question.
5.3 Security The Seller guarantees to comply with the requirements of the third party PAYPAL for the implementation of security measures to ensure the security of payments on its Site.
6. DELIVERY
6.1 DELIVERY CHARGES The prices of products displayed on www.soin-minceur.com do not include delivery charges. Delivery charges may apply depending on the amount of your order or the delivery method you have selected.
NEWLIFE
Free delivery is offered for orders over €60, excluding express delivery. For orders under €60, a delivery fee of €13 will be charged (mainland France only). This additional fee will be specified during the payment process and added to the total amount due. Once delivery has been made, you are required to immediately check that the delivery is complete and that the goods are undamaged. Any claims must be addressed without delay to the shipping company. You must also ensure that the delivered goods correspond to your order. In the event of non-conformity of the goods to the order, you must inform our customer service department by email at CONTACT@NEWLIFEBIO.FR.
6.2 Delivery methods For mainland France,
NEWLIFE
Offers its customers the following delivery methods: • delivery by La Poste (French postal service)
6.3 Claims with the Carrier The Customer has 24 hours from the time of delivery to make any reservations with the carrier in the event of missing or damaged products. If the claim with the carrier is unsuccessful, the Customer may then contact customer service.
NEWLIFE
at 07 63 42 54 98 (toll-free call) or by email at sav.soin.minceur@gmail.com.
6.4 Delivery Times Products are shipped to the carrier within 48 business hours of the order being placed. For mainland France, the carrier typically delivers the order within 6 days of receiving the package. In the event of a delivery delay attributable to the carrier, NEWLIFE NEWLIFE cannot be held liable. The Client therefore waives any right to seek redress from NEWLIFE. in this capacity and to claim any compensation of any kind whatsoever. If the package is returned to the Seller due to the Customer (package not collected, error in providing the delivery address, etc.), the Customer will have to pay the delivery costs again, according to the chosen method, in order to have their order reshipped. In addition to those usually recognized by French courts, the following are considered force majeure events that release the Seller from their obligation to deliver: war, riot, accidents, and the impossibility of obtaining supplies. For reasons of availability, NEWLIFE may exceptionally decide to deliver an order to the Customer in several installments, without the Customer having to bear additional delivery costs.
7. RIGHT OF WITHDRAWAL
7.1 Time Limit and Implementation The Customer has the right to withdraw from an order, without giving any reason, within 14 days. The withdrawal period expires 14 days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, receives the ordered Product(s). In accordance with Article L.121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised for orders concerning the supply of Products that have been unsealed after delivery and that cannot be returned for hygiene or health protection reasons. To exercise their right of withdrawal, the Customer must notify NEWLIFE NEWLIFE, located at 11 RUE LEBLOND ST HILAIRE 8300 TOULON and reachable at 07 63 42 54 98 (toll-free call - Monday to Friday 8:00 am - 8:00 pm, Saturday 8:00 am - 6:00 pm) and by email at CONTACT@NEWLIFEBIO.FR, may withdraw from the order in question by means of an unambiguous statement entitled "Right of Withdrawal" (for example, a letter sent by post, fax, or email). The Customer may use the model withdrawal form reproduced in the appendix to the General Terms and Conditions. By using this option, NEWLIFE NEWLIFE will promptly send the Client an email acknowledging receipt of the withdrawal request. To meet the withdrawal deadline, the Client must send their notification regarding the exercise of the right of withdrawal before the withdrawal period expires. In the event of withdrawal, NEWLIFE offers, at the Customer's option: Reimbursement to the Customer of all payments received, including delivery charges (excluding additional charges), no later than 30 days from the day the Customer notified NEWLIFE of his decision to withdraw. NEWLIFE The refund will be issued using the same payment method used by the Customer for the initial transaction, at no cost to the Customer. However, the refund will be delayed until the returned Product(s) are received. The exchange will be for other Products of equivalent value sold on the Site. If the price is lower, NEWLIFE NEWLIFE will reimburse the Customer for the difference under the conditions outlined above. If the price is higher, the Customer will pay the difference using their preferred payment method. The Customer must return the new, unused Product(s) in their original, unopened packaging, along with all accessories, instruction manuals, and other documentation, to NEWLIFE. to the following address: NEWLIFE CORPORATE, 11 RUE LEBLOND ST HILAIRE, TOULON, without undue delay and, in any event, no later than 14 days after communicating their decision to withdraw. This deadline is considered met if the Customer returns the Product(s) before the expiry of the 14-day period. The Customer will be responsible for the direct costs of returning the Product(s), except in the case of an order error attributable to NEWLIFE. In this latter case only, the Seller will bear the direct costs of returning the Product(s) concerned. The Customer will only be liable for any diminished value of the Product(s) resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods. After this 14-day period or if all the aforementioned conditions are not met, the Customer no longer has the option to withdraw and the order can no longer be subject to any withdrawal.
7.2 Exception to the Right of Withdrawal In accordance with Article L. 221-28, paragraph 5 of the French Consumer Code, the statutory right of withdrawal does not apply to sealed items that have been opened after delivery and that cannot be returned for health or hygiene reasons. Upon receipt of the package, if the product is found to be opened and/or used, customer service will not be able to issue a refund for that product(s). 7.3 Model Withdrawal Form (To be completed and returned only in the event of withdrawal) To:
NEWLIFE CORPORATE 11 RUE LEBLOND ST HILAIRE 83000 TOULON
Email: CONTACT@NEWLIFEBIO.FR
Telephone: 07 63 42 54 98 (Free service + cost of a call - Monday to Saturday 10:00-17:00) I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below: Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Delete as appropriate.
8. WARRANTY
8.1 All Products sold by NEWLIFE are covered by the legal guarantee of conformity in accordance with Articles L.217-4 et seq. of the French Consumer Code. Article L.217-4 of the French Consumer Code: “The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.” Article L.217-5 of the French Consumer Code: “Goods conform to the contract: 1° If they are fit for the purpose for which goods of the same type are normally used and, where applicable: - if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; - if they possess the qualities that a buyer may legitimately expect, given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which the buyer has made known to the seller and which the seller has accepted.” Article L.217-12 of the Consumer Code: “The action resulting from a lack of conformity is time-barred two years from the delivery of the goods.” Under the legal guarantee of conformity, the Seller informs the Customer that they: - have two years from the delivery of the goods to take action; - may choose between a refund or replacement of the goods, subject to the cost conditions stipulated in Article L. 217-9 of the Consumer Code; - are not required to provide proof of the existence of the lack of conformity of the goods during the six months following delivery. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of any commercial guarantee that may be granted. The Customer may decide to implement the warranty against hidden defects in the thing sold within the meaning of article 1641 of the civil code and that in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
8.2 The Customer also benefits from the warranty against hidden defects as defined in Articles 1641 et seq. of the French Civil Code. Article 1641 of the French Civil Code: “The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.” Article 1648 of the French Civil Code: “The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year of the date on which the seller can be released from liability for apparent defects or lack of conformity.” Under the warranty against hidden defects, the Seller offers, at the Customer's choice, after confirmation of the existence of the defect: • Either a full refund of the price once the Product has been returned, • Or a partial refund of the price if the Customer keeps the defective Product.
8.3 To benefit from these warranties, the Product must have been used in accordance with its user manual. No warranty claim may be made by the Customer if the Product has been modified in any way or if the Product has been damaged during delivery or use. Visible defects are also not covered by the warranty. 8.4 Procedure for returning a product under warranty. If a customer wishes to claim under the warranty for a product, they should contact customer service to obtain the return address for testing. The customer will be responsible for the return shipping costs. Upon receipt and testing of the product, if it is covered by the warranty, customer service will reimburse the return shipping costs and contact the customer to finalize the warranty claim as described in 8.1.
9. Transfer of Ownership From the date of dispatch of the order, ownership of the Product is transferred from the Seller to the Customer, except in the case where full payment of the price has not been received by the Seller at the time of the order.
10. Intellectual Property The Site is the sole property of NEWLIFE, as are all related rights. Any reproduction, in whole or in part, is subject to the prior authorization of NEWLIFE. However, hypertext links to the Site are permitted without specific requests. The "NEWLIFE" trademark and all trademarks mentioned on the Site are and shall remain the exclusive property of the Seller or the relevant intellectual property rights holder. Any use, in whole or in part, of any element of the Site protected by intellectual property rights, by any means whatsoever, without the express prior authorization of NEWLIFE or the relevant rights holder, is prohibited and constitutes infringement punishable under applicable law.
11. Evidence Agreement NEWLIFE may rely, as evidence, on any act, program, data, file, record, operation and other element (such as monitoring reports or other statements) of a computer or electronic nature or format or medium, established, received or stored directly or indirectly, for example in any database.
12. Liability. Before placing an order, the Customer declares that they have the full legal capacity to enter into these Terms and Conditions, without NEWLIFE being held liable in this respect. If the Customer lacks legal capacity, the order will be deemed to have been placed under the sole responsibility of the Customer's legal representative. NEWLIFE will not be held liable in any case where the non-performance of its obligations is due to a third party, the Customer, or in the event of force majeure. NEWLIFE disclaims all liability for any direct or indirect damages incurred in connection with the use of the Website. In any event, if NEWLIFE is found liable for damages suffered by the Customer that are solely attributable to the placement of the order, its liability will be irrevocably limited to the amount of the order in question paid by the Customer.
13. Personal Data NEWLIFE collects and processes the personal data of the Customer and, where applicable, the recipient of the order. The Customer declares having read and accepted without reservation all the provisions contained in the Privacy Policy, which notably includes the uses that may be made by the Seller of the personal data collected. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, object to, modify, rectify, and delete, free of charge, the processing of your personal data by contacting CONTACT@NEWLIFEBIO.FR.
14. Complaint
14.1 Complaint
All complaints must be addressed to NEWLIFE's customer service department. Customers can contact NEWLIFE's customer service department by phone at 07 63 42 54 98 (toll-free call) or via the form accessible here. Our phone line is open Monday to Friday, 8:00 AM to 8:00 PM (excluding public holidays). NEWLIFE is committed to processing complaints within 3 business days. If the customer wishes, and after contacting customer service, they can request a review of their complaint by phone at 07 63 42 54 98 (toll-free call). Any complaint resulting from an error in the shipment of one or more products from an order will be handled by the company through the issuance of a prepaid return label provided by customer service. The customer agrees to return the unopened and unused product(s) in their original packaging. Compensation will only be issued once proof of shipment has been provided to customer service. In the event of a missing product not indicated in the order, customer service may request a handwritten and signed statement from the customer confirming that they did not receive the product(s) in question. Customer service may also initiate an internal investigation as well as contact our shipping providers. Internal investigations can take up to 3 business days. In the event of a claim related to the delivery of the package by the carrier, customer service will contact the carrier and initiate an investigation. The carrier's response time is typically between 48 hours and fifteen days. Upon receipt of the carrier's response, and depending on its outcome, customer service may resend the order, issue a refund, or provide a credit note. To support any claim with the carrier, customer service reserves the right to request a handwritten and signed statement from the customer certifying that they did not receive their package. If one or more damaged products are received in an order delivered within mainland France, customer service may request that a photo of the damaged product(s) be sent to CONTACT@NEWLIFEBIO.FR. Upon receipt of the photo, customer service may offer a refund or a credit to the customer's account corresponding to the amount paid. For orders exceeding €10.00, customer service may offer free reshipment of the product(s). Customer service reserves the right to request the return of the damaged product(s) by issuing a prepaid return label before providing compensation. If you receive one or more damaged products in an order delivered to Europe or the French Overseas Departments and Territories (DOM-TOM), customer service may request that you send a photo of the damaged product(s) to CONTACT@NEWLIFEBIO.FR. Upon receipt of the photo, customer service may offer a refund or a credit to your account for the amount paid. Customer service will not resend the product(s). Customer service reserves the right to request the return of the damaged product(s) by issuing a prepaid return label before providing compensation.
14.2 Mediation
In accordance with Articles L.611-1 et seq. of the French Consumer Code, and after contacting the Seller's customer service and administrative departments, the Customer may initiate mediation proceedings at the Seller's expense. For more information, the Customer may consult the following websites: • Consumer Mediation Area on the website of the Ministry of the Economy and Finance. • European Online Dispute Resolution platform for consumer disputes.
15. Miscellaneous
15.1 Partial Invalidity If one or more provisions of the General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
15.2 Non-waiver The failure of either party at any time to require strict performance by the other party of any provision or condition of these Terms and Conditions shall not be deemed a definitive waiver of that right.
15.3 Applicable Law – Jurisdiction These Terms and Conditions are governed by French law. In the event of any difficulties in the application of these Terms and Conditions, the parties shall first attempt to resolve the matter amicably before resorting to legal action. If an amicable solution fails, or concurrently with such a resolution, the parties agree that any dispute relating to the interpretation, performance, or termination of this contract shall be subject to the jurisdiction of the court of the customer's place of residence, the place where the product was delivered, or the place where the customer resided at the time the contract was concluded or the harmful event occurred. NEWLIFE CORPORATE, as a marketplace platform, shall not be liable in the following cases: • Losses not attributable to its own fault; • Affiliate's commercial losses, whether resulting from lost profits, data loss, loss of customers, or unnecessary expenses; • An unforeseen indirect loss incurred once the site has begun using the platform's services; • The online retailer's inability to fulfill its obligations stipulated in the terms and conditions of sale, for example, regarding delivery times. In this case, customers still have the legal right to receive the products or services within a reasonable timeframe or to receive a refund.