1. IDENTIFICATION
This site www.newtone-brand.com (THE " Site ”) is published by sarl DESIGN FIRM, limited liability company incorporated with a share capital of 2 000 Euros, registered in the Marseille Trade and Companies Register under number 843 215 914, whose registered office is located at 1590 chemin du clauvier 13360 Roquevaire.
The Site is hosted by Shopify Inc, whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.
Access to the Site and use of its content are subject to the terms of use described below. Accessing and browsing the Site constitutes unreserved acceptance by the user of the following terms and conditions.
2. THE CUSTOMER
All customers must be at least eighteen (18) years old and have the legal capacity or hold parental authorization to place an order on the Site (hereinafter the "Customer"). When registering the Customer's personal data in the "my account" section, the latter must ensure the accuracy and completeness of the mandatory data they provide. In the event of an error in the wording of the recipient's contact details, the Company DESIGN FIRM cannot be held responsible for the impossibility of delivering the product.
The Customer acknowledges having read, at the time of placing the order, the General Conditions of Sale and declares to accept them without reservation.
3. PRODUCTS
The products are presented on the Site with the greatest possible accuracy, using descriptions and visuals (hereinafter the “Products”). The majority of the products offered for sale by the Company DESIGN FIRM are also available in its warehouse or at its points of sale. The colors of the items on the site may differ slightly from their original colors. These visual differences cannot under any circumstances be interpreted as defects in conformity and will result in the cancellation of the sale.
In the event that a Product is unavailable after the order has been placed, the Customer will be informed by email or telephone of the Products that are out of stock. The Customer may then request the cancellation or exchange of their order within five (5) working days (Monday to Friday), by contacting customer service by email. eshop@newtone-brand.com.
4. ORDERS
The Products remain the property of the Company DESIGN FIRM until full payment of the order. Any risk of loss or damage to the goods is transferred to the Customer from the moment the Customer or a third party designated by him, and other than the carrier proposed by Newtone, takes physical possession of these goods.
All orders are subject to prior acceptance of these General Terms and Conditions of Sale. Acceptance of these General Terms and Conditions and the Customer's entry of banking information constitute irrevocable acceptance of the terms of sale and payment, and will validate the Customer's order. The sale will only be concluded upon confirmation of the order. newtone-brand.com reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order. The information provided by the buyer when placing the order is binding on the buyer. In the event of an error in the recipient's contact details, the seller cannot be held responsible for any inability to deliver the product.
To validate his order, the Customer must follow various steps, respecting the procedure established by the Company DESIGN FIRM. The Customer has the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to signify his acceptance. Any order confirmed by the Customer constitutes a sales contract and acceptance of all the stipulations herein.
The Company DESIGN FIRM confirms acceptance of the order to the Customer at the email address provided by the Customer. The sale will only be concluded upon confirmation of the order.
The Company DESIGN FIRM reserves the right to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
4. PRICES
The prices of the Products are indicated in Euros including all taxes, excluding processing and shipping costs.
All orders, regardless of their origin, are payable in Euros.
The applicable VAT rate corresponds to French VAT.
The Company DESIGN FIRM reserves the right to modify its prices at any time. However, the prices of the applicable Products are those in effect at the time the order is registered, subject to availability of the Products on that date.
5. PAYMENT
Payment methods accepted by the Company DESIGN FIRM are indicated at the beginning of the ordering process and are repeated on the payment page.
The Customer certifies that he is fully authorized to use the means of payment to pay for the order and that these means of payment allow him to pay the total price of the order.
The Company DESIGN FIRM benefits from the Secure Internet Payment System SHOPIFY PAYMENT & PAYPALBanking data is transmitted in encrypted form directly to the banking operator and is in no case kept by the Company. DESIGN FIRM.
6. DELIVERY
For any order below this amount, shipping costs are €7 for mainland France. Shipping costs for international orders are automatically calculated based on the destination country.
We use La Poste services (Colissimo tracking against signature) to deliver your orders.
Delivery time is 3 to 5 business days. It varies depending on the production time of the item ordered.
Delivery costs are detailed below according to destination.
Depending on the country of delivery, your order may be subject to customs charges.
GERMANY/BELGIUM/LUXEMBOURG/NETHERLANDS: 9.90€
AUSTRIA/SPAIN/PORTUGAL/UNITED KINGDOM/IRELAND/ITALY: 11.95€
DENMARK/ESTONIA/HUNGARY/LATVIA/LITHUANIA/POLAND/CZECH REPUBLIC/SLOVAKIA/SLOVENIA/SWEDEN/SWITZERLAND: 12.95€
SPAIN (Balearic Islands, Canary Islands, Ceuta, Melilla)/BULGARIA/CYPRUS/CROATIA/FINLAND/GREECE/ICELAND/MALTA/NORWAY/ROMANIA/AUSTRALIA/CANADA/CHINA/SOUTH KOREA/UNITED STATES/HONG KONG/INDIA/ISRAEL/JAPAN/RUSSIA/SINGAPORE/THAILAND/VIETNAM/AFRICA (Excluding Maghreb)/UNITED STATES/MIDDLE EAST/OTHER ASIAN COUNTRIES: 14.95€
7. PRIVACY POLICY
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from newtone-brand.com (the “Site”).
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect device information using the following technologies:
- “Cookies” are data files placed on your device or computer and often include an anonymous unique identifier. For more information about cookies and how to disable them, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, and payment information (including credit card numbers, email address, and phone number. We refer to this information as "Order Information."
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).Additionally, we use this Order Information to:
- Communicate with you;
- review our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your personal information with third parties to help us use your personal information, as described above. For example, we use Shopify to power our online store. To learn more about Shopify's use of your personal information, visit https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the site. To learn more about how Google uses your personal information, visit the page https://www.google.com/intl/fr/policies/privacy/. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your personal information to comply with applicable laws and regulations, respond to a subpoena, search warrant or other lawful request for information we receive, or otherwise protect our rights.
ADVERTISING BEHAVIOR
As described above, we use your personal information to provide you with targeted advertisements or marketing communications that may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising using the links below:
- Facebook: https://www.facebook.com/newtonebrand/
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site's data collection or practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access the personal information we hold about you and to send feedback History Saved Community.
8. INTELLECTUAL PROPERTY
8.1 Ownership
Newtone is the owner of the domain name of the Site.
The Site as a whole and the elements that compose it (in particular, texts, tree structures, software, animations, photographs, videos, illustrations, diagrams, graphic representations, logos, etc.) constitute intellectual works protected by Articles L. 111-1 et seq. of the Intellectual Property Code. They are the exclusive property of Newtone, the only party authorized to use said intellectual property rights as well as the related personality rights, trademarks, models, works of the mind, software, databases, interpretations, images of people, whether originally or by virtue of a license or express authorization.
8.2 Sanctions
The use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than personal and private use for non-commercial purposes of the Internet user is strictly prohibited. Violation of the rights of Newtone exposes its author to the sanctions provided for both by the Intellectual Property Code under, in particular, copyright infringement (article L. 335-1 et seq.), trademark law (article L. 716-1 et seq.) and by the Civil Code in matters of civil liability (article 9, articles 1382 et seq.).
8.3 Hypertext links
The creation of any hypertext links referring to any of the web pages or elements making up the Site is prohibited, except with the prior written authorization of Newtone, which authorization may be revoked at any time. All sites with a hypertext link directing to the Site or any of the elements that compose it are not under the control of Newtone and therefore declines all responsibility (particularly editorial) concerning access to and the content of these sites.
9. RESPONSIBILITY
Newtone strives to ensure to the best of its ability the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice. However, Newtone cannot guarantee the accuracy, precision and completeness of the information made available on the Site, which information does not constitute a guarantee or a commitment on the part of Newtone towards the Internet user.
Especially, Newtone cannot be held responsible:
- of any imprecision, inaccuracy or omission relating to information available on the Site;
- of any damage resulting from a computer intrusion by a third party resulting in a modification of the information made available on the Site;
- and more generally, for all damages, direct or indirect, whatever the causes, origins, natures and consequences, caused by anyone's access to the Site or the impossibility of accessing it, as well as the use of the Site and/or the credit given to any information coming directly or indirectly from the latter.
Newtone implements means intended to ensure the security of files created from personal data collected on the Site. It is however recalled that Newtone does not control the risks linked to the operation of the Internet and draws the attention of Internet users to the existence of possible risks in terms of confidentiality of data transmitted via this network.
10. CHANGES TO THE NOTICES
Newtone informs Internet users consulting the Site that these notices may be modified at any time. These modifications are published by being put online and are deemed to be accepted without reservation by any Internet user who accesses the Site after being put online.
11. DISPUTES
These notices are established in accordance with French law and in particular the provisions of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy and Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms.The French courts have territorial jurisdiction to hear any dispute relating to the use of the Site, unless otherwise provided for in Regulation No. 44/2001 of 20 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I).
For any questions that the Internet user may have about the use of the Site and/or these terms and conditions, for any requests that he/she may wish to address to Newtone, he can send him a message in the "Contact us" from the Site and/or an email to the following address: eshop@newtone-brand.com