Terms of Sales

 

1. APPLICATION OF THE TERMS AND CONDITIONS OF SALE

The site is reserved for retail sales to private individuals acting for personal purposes (the "Customer"). 

The Customer represents and warrants that they are acting as the end consumer of the products they order.

The terms and conditions of sale (the "Terms") detailed below apply to, and form an integral part of, all orders and sales of products and services placed via the Site (the "Products") with NEW 2000 by the Customer. 

The Customer must review the Terms before placing any order (the "Order"), the Terms being available on the Sites. Accordingly, placing an Order implies the Customer's full and unreserved prior acceptance of the Terms by clicking the "I have read and accept the terms and conditions of sale" button.

NEW 2000 reserves the right to adapt or amend these Terms at any time. The version of the Terms applicable to any sale is the one available online on the website www.placedujour.com at the time the Order is placed. 

2. INFORMATION ON THE SITE AND SITE ACCESSIBILITY

www.placedujour.fr is an e-commerce site owned and operated by NEW 2000.

The Sites are, in principle, accessible to all internet users 24 hours a day, 7 days a week, except for interruptions, scheduled or not, by NEW 2000 or its providers, for maintenance and/or security purposes or in the event of force majeure (as defined below). NEW 2000 shall not be held liable for any damage of any kind resulting from the unavailability of the Site.

NEW 2000 does not guarantee that the Site will be free of anomalies, errors, or bugs, nor that the Site will function without failure or interruption. In this regard, it may freely determine, at its sole discretion, any period during which the Site or its content is unavailable. NEW 2000 also cannot be held liable for problems relating to data transmission, connection issues, or network unavailability.

NEW 2000  reserves the right to develop the Site further for technical or commercial reasons. Where such changes do not substantially and negatively alter the conditions under which services are provided, the Customer may be informed of the changes made, but their acceptance is not required. 

3. REGISTRATION ON THE SITE

To place an order on the website www.placedujour.fr, the Customer must first create a Personal Account (hereinafter the " Personal Account ").

3.1 – Creation procedure 

To create a Personal Account, the Customer must go to the Site and complete the required fields on the registration form. Each Customer may only create one profile for their personal account.

3.2. – Managing login credentials

The login credentials, username and password, used to access the Personal Account are chosen by the Customer, subject to availability given the credentials already created by other Customers. These credentials are strictly personal and must be kept secret by the Customer, who is responsible for them. In the event of loss or theft of their credentials, or any unauthorized use of their Personal Account, it is the Customer's responsibility to contact LANCASTER so that new credentials can be provided to them.

3.3 – Activation of the Personal Account 

By confirming the creation of their Personal Account, the Customer:

• Acknowledges having been able to verify and, if necessary, amend the information provided;
• Warrants that they have provided accurate, up-to-date, and complete information regarding their identity and contact details.

3.4 – Updating the Personal Account

The Customer undertakes to regularly update all of their personal information in their Personal Account in order to keep it accurate.

When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer must always keep their personal information up to date. In the event of an error in the recipient's contact details, NEW 2000 cannot be held liable for any failure to deliver Products.

By registering on the Site, the Customer represents and warrants to NEW 2000 that they are of legal age and have the legal capacity to enter into a contract.

NEW 2000 may delete the Customer's Account at any time, for any reason, at its sole discretion.

 

4. INFORMATION ON PRODUCTS

4.1 – Essential characteristics of the Products

The essential characteristics of the Products are presented to the Customer on the Site. However, the Customer may ask questions about the characteristics of a Product by sending a request by email to the following address: contact@placedujour.fr

NEW 2000 cannot guarantee that the information on Product packaging is translated into the language of the delivery country. However, this information is available at least in French.

NEW 2000 takes the greatest care in presenting and describing its Products in order to best inform the Customer. However, errors may appear on the Site, which the Customer acknowledges and accepts.

NEW 2000 does not guarantee the accuracy or security of information transmitted or obtained through the Site. Accordingly, the photographs, graphics, and descriptions of the products offered for sale are for guidance only and shall in no way engage the liability of NEW 2000. In particular, photographs illustrating the Products may differ slightly from reality due to the Customer's screen settings or the lighting used when the photographs were taken. 

4.2 – Availability of Products

The Products offered for sale are those described on the Site on the day the Customer visits the Site, subject to availability. This information is updated automatically in real time.

However, NEW 2000 shall not be liable for any error in this updating, regardless of its cause. As such, NEW 2000 cannot be held liable for the cancellation of an Order for a Product due to stock being exhausted. 

If a Product is unavailable, NEW 2000 will inform the Customer and may either cancel the order or offer a later delivery date. Where applicable, the Customer will be refunded the amounts paid for the cancelled order no later than thirty days from the date the order is cancelled.

 

5. ORDERS

Placing an Order on the Site is subject to compliance with the procedure put in place by NEW 2000 on the Site, comprising successive steps leading up to confirmation of the Order.

The Customer must carefully read and accept the Terms before proceeding to payment for an order of Products placed on the Site. By confirming the order, the Customer expressly declares that they accept the Terms without restriction or reservation.

Before confirming their Order, the Customer may review the details of their proposed order and correct any errors.

The Customer may select as many Products as they wish, which will be added to the cart (the "Cart"). The Cart summarizes the Products chosen by the Customer as well as the related prices and fees. The Customer may freely modify the Cart before confirming their Order.

The distance selling contract is concluded from the moment the Customer confirms their order by clicking the "Confirm your payment" or "Confirm your cart" icon. They are considered to have knowingly accepted the content and conditions of the order in question, and in particular the Terms, the fact that their Order entails a payment obligation on their part, and the prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the Customer.

Once this step has been confirmed, the Customer may no longer cancel their Order. The sale will be final (subject to the Customer's exercise of their right of withdrawal).

After the Customer confirms the order, NEW 2000 will confirm it by email.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by NEW 2000. To this end, the Customer formally accepts the use of email for NEW 2000 to confirm the content of their Order.  

6. REFUSAL TO PROCESS AN ORDER

NEW 2000 reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite NEW 2000's best efforts to meet its customers' expectations, it may be required to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.

NEW 2000 shall not be held liable to the Customer or any third party for any damaging consequences resulting from the withdrawal of a Product from the Site, the replacement or modification of any content or information appearing on the Site, or the refusal to process an Order after the confirmation email summarizing the Order has been sent.

NEW 2000 also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment for a previous order, or who has acted in breach of these Terms, or in the event of a reasonable suspicion of fraud. 

NEW 2000 strictly prohibits the use of its Site for professional purposes, in particular for the purchase of products for professional resale. Accordingly, NEW 2000 reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered abnormally exceeds a consumer's needs. 

7. PRICE

7.1 – Product prices 

Products are sold at the prices in effect on the website www.placedujour.fr (hereinafter the " Site ") at the time the order is placed.

All prices displayed are calculated to include value added tax (VAT) applicable in France, or that applicable in the delivery country within the European Union.

For all other countries, prices are stated in euros, exclusive of tax.

Unless expressly stated otherwise on the site, prices do not include any shipping costs, customs duties, transport costs, or other taxes, which are charged in addition. Any change in the VAT rate will apply at the time the order is confirmed by the customer. Customs duties and other taxes must be paid by the Customer directly to the carrier.

 

7.2 – Delivery fees

The amount of delivery fees is calculated based on the weight of the package, excluding packaging and gifts, the delivery address, and the carrier or mode of transport chosen. The amount of delivery fees is indicated to the customer before the order is confirmed.

8. PAYMENT TERMS

NEW 2000 reserves the right to change its prices at any time, but Products will be invoiced based on the rates in effect at the time the Order is registered and paid for, subject to availability.

Products are payable in full at the time the Order is actually placed.

8.1 – Method of payment 

The Customer pays for their purchases by credit or debit card.

Only the following cards are accepted : Visa, MasterCard, or Maestro.

When choosing their payment method, the Customer will be asked to enter their card details (cardholder name, card number, and, depending on the type of card, its expiration date as well as the security code - the 3-digit number on the back of the card); this is done securely.

By providing their card number, the Customer authorizes the Site's bank to debit the total amount of the order (including taxes and delivery fees, where applicable).

NEW 2000 will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of online payment on the Site.

8.2 – Payment date

The Customer's account will be debited as soon as an order for Products is placed on the Site. If the order is cancelled due to unavailability of the Products, the Customer will be refunded the amounts paid for the cancelled order no later than thirty days from the date the order is cancelled.

8.3 – Late or refused payment

If the bank refuses to debit a card or other payment method, the Customer must contact Customer Service in order to pay for the order using any other valid payment method. In the event that, for any reason whatsoever — objection, refusal, or otherwise — the transfer of funds owed by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.

8.4 – Invoicing 

An invoice is issued by NEW 2000 and sent to the Customer when the order is confirmed.

8.5 – Shopify Payments

Payment for purchases is made via the secure platform of our payment provider Shopify Payments.

Shopify Inc, a Canadian company listed on the TSX and NYSE, registration number 426160-7. Its registered office is located at 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada. For further information, the Customer may consult the following website: www.shopify.com

NEW 2000 does not have access to its Customers' payment data, which is transmitted directly to Shopify. 

For each transaction, Shopify Payments and the payment issuer's banks analyze the transaction in order to limit the risk of fraudulent activity. Following this analysis, certain Orders may be blocked. As such, NEW 2000 cannot be held liable for any refusal to process an Order blocked on suspicion of fraud.

The Customer expressly acknowledges that providing their card number when placing an Order constitutes authorization to debit their account up to the price of the Products ordered. Where applicable, a notification of Order cancellation due to non-payment is sent to the Customer by NEW 2000 to the email address provided by the Customer when registering on the Site.

The data recorded and retained by NEW 2000, other than payment data, constitutes proof of the Order and of all sales made. The data recorded by Shopify constitutes proof of any financial transaction between the Customer and NEW 2000.

 

9. DELIVERY OF PRODUCTS

Delivery refers to the transfer to the Customer of physical possession of the Products (the " Delivery ").

Delivery takes place, at the Customer's choice, either by collecting the Products from the selected pick-up point (in-Store or at a Pickup Point, subject to acceptance of the parcel by the selected Pickup Point), or by receiving the Products at the postal address indicated, it being specified that this must be the Customer's residential address, that of an individual of their choosing, or that of a legal entity (delivery to their company). 

9.1 – Delivery terms

Delivery terms are set out below : " Shipping and returns "

9.2 – Delivery delay

NEW 2000, as a general rule, delivers Orders within a maximum period of eight (8) business days for Delivery within Metropolitan France and twenty (20) business days for international Delivery, this period being calculated from the first business day after the Order is confirmed.

In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).

If Delivery cannot be carried out due to an incorrect delivery address or the Customer's failure to collect their Order from the selected pick-up point, no re-shipment will be carried out and the Customer will be refunded within five (5) business days of NEW 2000 receiving the returned Order.

In the event of a delivery delay, the Customer must report the delay within 8 days to NEW 2000's customer service, by email to contact@placedujour.fr.

9.3 – Receipt

Upon receipt of the ordered Product(s), the Customer must check that the Product(s) conform. Any anomaly relating to delivery (missing or broken Product, damaged parcel, etc.) must be reported within 3 business days of receipt to the carrier and to Customer Service by email : contact@lancaster.com. Such objections must be sufficiently precise and complete to establish the existence and extent of the damage.

 

10. RIGHT OF WITHDRAWAL - RETURN AND REFUND

10.1. Withdrawal period and procedure for exercising the right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, the Customer has fourteen (14) days from receipt of the Order to exercise their right of withdrawal with NEW 2000, without having to give reasons for their decision. After this fourteen (14) day period, the sale is final.

The right of withdrawal may be exercised by using and sending the withdrawal form template set out in Appendix 1 of the Terms and Conditions of Sale, by email to contact@placedujour.fr

The Customer may not exercise their right of withdrawal for a Product made to their specifications, or that has been used, worn, washed, damaged, or unsealed. 

10.2. Procedure for returning the Order under the right of withdrawal 

The right of withdrawal may be exercised at no penalty. 

The Customer returns the Order with the prepaid return slip provided by NEW 2000, without undue delay and, at the latest, within fourteen (14) days of notifying their decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code. 

The Product must be returned to NEW 2000 in its original packaging, in its original condition, unworn, unwashed, and as new.

To make a return, the Customer must follow the procedure indicated on the return slip received with their Order.

The return of Products is covered by NEW 2000, if the Delivery location is in one of the following countries:

• Germany
• Austria
• Belgium
• Spain
• Italy
• Luxembourg
• Netherlands
• Portugal
• Monaco
• Metropolitan France
• Ireland

The return of Products is at the Customer's expense and risk if the Delivery location is not in the aforementioned countries, or if the Customer chooses a return method other than the one offered by NEW 2000.  

10.3. Refund of Products returned under the right of withdrawal 

NEW 2000 will refund the Order no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, provided that it has received the Product subject to the right of withdrawal within that period. NEW 2000 will issue the refund using the same payment method as that used to pay for the Order. If this payment method has expired, the Customer must contact customer service to change the refund method. NEW 2000 cannot be held liable for any delay in the refund. 

Refunds for an order paid for with an e-gift card, gift card, or store credit will automatically be issued as store credit. 

If the Customer fails to comply with these Terms, NEW 2000 will not be able to refund the Products concerned. In all cases, return costs are borne by NEW 2000 if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

  

11. WARRANTIES - LIMITATION OF LIABILITY

11.1. Limitation of liability

NEW 2000's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of that Product. NEW 2000 will in no event be liable for the following losses, regardless of their cause:

• loss of revenue or sales
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of working or management time
• damage to reputation
• loss of opportunity, in particular to order a Product,
• emotional distress.

The documents, descriptions, and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, except for the warranties provided by law.

NEW 2000 provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb, or any other form of programming routine designed to damage, destroy, or otherwise impair a computer's functionality or interfere with its proper operation, including any transmission resulting from the Customer's download of any content, the software used by the Customer to download such content, the Site, or the server that provides access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer equipment and any other device in order to protect them against any harmful bug, virus, or other programming routine of this kind.

The Customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through use of the Site, and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from downloading such content.

NEW 2000 is only required to deliver Products that conform to the contractual provisions. Products are considered to conform to the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be fit for the purposes for which products of this kind are generally intended; (iii) they must meet the quality and durability standards generally accepted for products of the same kind, which may reasonably be expected.

In addition, NEW 2000 guarantees consumers against defects of conformity and hidden defects for Products sold on the Site under the following conditions:

11.2. Statutory warranties 

All products sold on the Site are covered by the statutory warranty of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-conforming Products free of charge. However, Products modified, repaired, or incorporated by the Customer are excluded from the warranty. The warranty will not apply to apparent defects, or defects the Customer was aware of or could not have been unaware of when placing the Order, in particular in light of the information provided by NEW 2000. Nor will the warranty cover Products damaged after the transfer of risk to the Customer, or as a result of improper use.

If the Customer notices a lack of conformity in the Product, within the meaning of Article L. 217-5 of the French Consumer Code, they may exercise the statutory warranty of conformity within two (2) years of Delivery of the Product, and are exempt from having to prove the existence of the lack of conformity during that period.

Their request must be sent to Customer Relations at contact@placedujour.fr

When the statutory warranty of conformity is invoked, in accordance with Articles L. 217-9 and L. 217-10 of the French Consumer Code, NEW 2000 undertakes:

• either to repair the Product or replace it with an identical product subject to available stock, at the Customer's choice, unless this choice would result in a cost manifestly disproportionate for NEW 2000 compared to the other option, taking into account the value of the Product or the significance of the defect;
  
• or to refund the price of the Product if repair and replacement of a Product prove impossible, or if replacement or repair, as the case may be, would cause significant inconvenience to the Customer, or if replacement or repair, as the case may be, cannot be carried out within one month of the Customer's request.

 

Warranty against hidden defects

Under Article 1641 of the French Civil Code : " The seller is bound by a warranty on account of the hidden defects of the item 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 only have paid a lower price for it, had they known of them. "

 

If the Customer discovers a hidden defect within the meaning of Article 1641 of the French Civil Code, they may exercise the statutory warranty against hidden defects within two years of discovering the defect. 

Their request must be sent to Customer Relations at contact@placedujour.fr

When the warranty against hidden defects is invoked, NEW 2000 undertakes, at the Customer's choice and after assessment of the defect:

• either to refund the full price of the returned Product,
• or to refund part of the price of the Product if the Customer decides to keep the Product.

Finally, the Customer is reminded that the statutory warranty of conformity and the statutory warranty against hidden defects are not mutually exclusive, and do not deprive the Customer of any other contractual or commercial warranty that may be granted by NEW 2000. Nor do they deprive the Customer of their right of withdrawal as defined in Article 9 of the Terms.

11.3 Force Majeure

In the event of a force majeure event preventing performance of the Order or of these Terms, NEW 2000 will inform the Customer within fifteen (15) days of the occurrence of that event, by email or by registered letter with acknowledgment of receipt. The following are expressly considered cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or trade disputes, civil unrest, insurrection, war, acts of terrorism, extreme weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the parties' control preventing the normal performance of the contractual relationship. All of the parties' obligations are suspended for the entire duration of the force majeure event, with no compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of NEW 2000 or the Customer, with no compensation due on either side. 

 

11. RETENTION OF TITLE

NEW 2000 retains full and complete ownership of the Products sold until full payment of the price has been received, including principal, fees, taxes, and mandatory contributions.

12. PARTIAL INVALIDITY 

If one or more provisions of these Terms are held to be invalid, or declared as such pursuant to a law, a regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and effect.

13. NO WAIVER

No leniency, inaction, or failure to act by NEW 2000 may be interpreted as a waiver of its rights under the Terms.

14. GOVERNING LAW - COMPETENT JURISDICTION

The sale of Products is governed by French law. 

However, the choice of French law cannot deprive a consumer Customer residing outside of France of the application of the mandatory consumer protection provisions provided for by the law of the country in which the Customer has their habitual residence, provided that NEW 2000 carries on or directs its activity toward that country. 

In the event of a dispute arising in connection with an Order or a sale, the Customer may submit a written complaint to Customer Service at contact@placedujour.fr. If a complaint is not resolved amicably by Customer Service, the Customer still has, for a period of one (1) year, the option of taking legal action to resolve a dispute. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, where the Customer is a consumer, to any court with legal jurisdiction.

 

Appendix 1: Withdrawal form template

(Complete and return this form along with your order number only if you wish to withdraw from the contract. We also recommend that you include your order number)

To the attention of:

NEW 2000 - CIFA LOT 01
8 RUE DE LA HAIE COQ
93300 Aubervilliers, France

Email: contact@placedujour.fr 

I hereby notify you of my withdrawal from the contract for the sale of the item(s) below: (identification of the product(s) for which the right of withdrawal is exercised)

Ordered on ……………..(order date) and/or received on ……………..(delivery date)

Name of consumer Customer:

Address of consumer Customer:

Signature of consumer Customer (only if this form is submitted on paper)

Date:

For any questions, you may contact Customer Service at contact@placedujour.fr