SCOPE OF APPLICATION

These general terms and conditions of sale (hereinafter "GTC") apply without restriction or reservation to all sales concluded by the company LB COLLECTIONS, a simplified joint stock company, located at 13, rue Maupertuis – 29200 BREST, registered with the BREST Trade and Companies Register under number 449 194 984, with consumers and non-professional buyers (hereinafter the "Client"), wishing to purchase the products offered for sale on the website www.my-new-design.com (hereinafter the "Products").

They specify, in particular, the conditions for ordering, payment, delivery, and management of any returns of Products ordered by Clients.

The Products offered for sale, their main characteristics, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.my-new-design.com.

The Client is required to refer to the description of each Product to know its essential properties and specificities.

Product offers are valid within the limits of available stock, as specified when placing the order. In case of unavailability, missing and/or out-of-stock Products may be replaced by similar varieties, unless the Client explicitly states otherwise.

These GTC apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.

These GTC are accessible at any time on the website www.my-new-design.com and will prevail, if applicable, over any other version.

The Client declares to have read and accepted these GTC by checking the box provided for this purpose before initiating the online ordering procedure, as well as the general terms of use of the website www.my-new-design.com.

As these GTC may be subject to subsequent modifications, the version applicable to the Client'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 IT system of LB COLLECTIONS constitutes proof of all transactions concluded with the Client.

Should a clause in these GTC be missing, it shall be deemed to be governed and interpreted in light of common practices in the online sales sector.

The validation of the order by the Client constitutes unrestricted and unreserved acceptance of these GTC.

The Client acknowledges having the necessary capacity 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.

ORDER

It is up to the Client to select on the website www.my-new-design.com the Products they wish to order, according to the process in force on the site.

Product offers are valid as long as they are visible on the site, within the limits of available stock.

The sale will only be considered final after LB COLLECTIONS has sent the Client confirmation of the order's acceptance by email, after full payment of the due deposit by the Client.

In all cases, deposits required by LB COLLECTIONS from its Clients cannot be qualified as earnest money.

When placing the first order and/or during registration, the Client must enter their surname, first name, email address, and a password that is strictly personal to them, and indicate their title (Mr or Mrs).

For each order, the Client is required to provide all necessary delivery information: address, access code, floor... (and, for example, in the case of items with special delivery conditions: phone number where they can be reached during the day for appointment scheduling).

During each visit, to access their personal data or place an order, the Client will have been identified beforehand by their identifier (email address) and password, it being specified that the latter is not used for payment.

For orders placed exclusively online, an order is registered on the site when the Client accepts these GTC by checking the appropriate box and validates their order. The Client has the opportunity to check the details of their order, its total price, and correct any errors before confirming their acceptance (in accordance with Article 1127-2 of the Civil Code). This validation implies acceptance of all of these GTC and constitutes proof of the sales contract.

Any order placed on the website www.my-new-design.com constitutes the formation of a distance contract between the Client and LB COLLECTIONS.

LB COLLECTIONS reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

In case of cancellation of the order by the Client after its acceptance by LB COLLECTIONS less than 7 days before the scheduled delivery date of the ordered Products, for any reason other than the exercise of the right of withdrawal or force majeure, the deposit paid upon order, as defined in Article 4 "Payment conditions" of these GTC, will be automatically acquired by LB COLLECTIONS and will not give rise to any refund.

PRICES

Products are supplied at the prices in effect appearing on the website www.my-new-design.com when the order is registered. Product prices are indicated in euros, excluding taxes and including all taxes, and do not include shipping costs. Shipping costs will be specified on the shopping cart page (after validating the cart), where the internet user will find a summary of their order and the amount of shipping costs including tax.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs, and is made in euros.

LB COLLECTIONS reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the rates in force at the time of order validation.

An invoice is drawn up by LB COLLECTIONS and handed to the Client upon delivery of the ordered Products.

VAT

On our My New Design website, we deliver to many countries.
Since VAT regulations (especially the VAT rate) may vary, the final all-taxes-included price will be calculated after selecting a delivery country. This choice updates the all-taxes-included price with the VAT applicable in your country.

TERMS OF PAYMENT

Payment for purchases is made at the time of order using the "Prestashop" application provided by Crédit Agricole, by bank card and bank transfer.

Payment data is exchanged in encrypted mode using the HTTPS protocol.

DELIVERY

Products purchased on the website www.my-new-design.com can be delivered in France and internationally.

Products are delivered to the delivery address indicated by the Client during the order process.

Delivery consists of the transfer of physical possession or control of the Product to the Client.

However, if the ordered Products have not been delivered within thirty days after order confirmation, for any reason other than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L.216-2, L.216-3 and L.241-4 of the Consumer Code reproduced below.

The sums paid by the Client will then be reimbursed no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.

Deliveries are carried out by an independent carrier (GEODIS), to the address specified by the Client during the order and to which the carrier can easily access.

In the event of a specific request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by MY NEW DESIGN, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.

The Client is obliged to check the condition of the delivered Products.

A reservation is a written statement, made at the time of delivery, which formalizes the existence of damage to

goods or the receipt of an incomplete delivery.

For reservations to be admissible, they must be:

• Written: entered at the time of delivery on the waybill or transport document.

• Precise: similar to a photograph of the goods, they must clearly describe the damage

suffered by the goods (and not exclusively by the packaging*) with the

reference or name of the parts concerned and, if possible, the quantity.

• Complete: elements reported afterwards cannot be accepted.

The Client has a period of ten (10) days from delivery to formulate by any written means to MY NEW DESIGN (postal mail, email, fax) all reservations or complaints for apparent defects or apparent flaws of the delivered Products (for example: damaged package, already opened ...), with all relevant justifications (photos in particular).

After this period and if these formalities have not been respected, the Products will be deemed free of any apparent defect or apparent flaw, and no claim can be validly accepted by MY NEW DESIGN on this basis.

MY NEW DESIGN will reimburse or replace as soon as possible and at its expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).

L.216-2 of the Consumer Code

In the event of the professional's failure to deliver the goods or provide the service on the date or at the expiry of the period provided for in the first paragraph of article L. 216-1 or, failing that, at the latest thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt or by a writing on another durable medium, if, after having enjoined the professional, in the same way, to make the delivery or provide the service within a reasonable additional period, the latter has not performed within this period.

The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The consumer may immediately terminate the contract when the professional refuses to deliver the goods or provide the service or when he does not perform his obligation to deliver the goods or provide the service on the date or at the expiry of the period provided for in the first paragraph of article L. 216-1 and that this date or this period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from 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 shall reimburse the consumer for all sums paid, no later than fourteen days following the date on which the contract was terminated.

L.241-4 of the Consumer Code

When the professional has not reimbursed all 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 occurs no later than thirty days beyond this deadline, by 20% up to sixty days and by 50% thereafter.

TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of the Products from MY NEW DESIGN to the Client will only be effected after full payment of the price by the latter, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration related thereto will only occur when the Client takes physical possession of the Products. The Products therefore travel at the risk and peril of MY NEW DESIGN.

RIGHT OF WITHDRAWAL

The Client has a period of fourteen (14) calendar days from the receipt of the ordered Products to exercise their right of withdrawal with MY NEW DESIGN, without having to give reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned within fourteen (14) days at least following the notification to MY NEW DESIGN of the Client's decision to withdraw. The right of withdrawal is not applicable to discounted products which are neither returned nor exchanged.

If the Client exercises their right of withdrawal, the Products must be returned in their original packaging, in a condition suitable for resale as new, accompanied by all possible accessories and instructions in perfect condition for resale, with the original purchase invoice to which the Products relate and the return number provided by Customer Service.

Any Product returned damaged, soiled or incomplete could lead to the Client's liability being invoked by MY NEW DESIGN under the conditions of Article L221-23 of the Consumer Code.

The right of withdrawal can be exercised online at the following email address: contact@mynewdesign.com using the following format:

Subject: Exercise of the right of withdrawal

To the attention of MY NEW DESIGN Customer Service

I hereby confirm my withdrawal from the contract for the sale of the following goods:

Ordered Product reference / Product name: xxxxxxxxx

Ordered on: xxxxxxxxx / Received on: xxxxxxxx

Client's Full Name: xxxxxxxxx

Delivery address: xxxxxxxxx

Date: xxxxxxxxxxxx

Reason (optional): xxxxxxxx

An acknowledgment of receipt on a durable medium will be immediately communicated to the Client by My New Design.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) (excluding delivery costs) will be refunded; return costs are also borne by the seller.

The refund may be made by credit to the bank card within a maximum period of 14 days from the receipt, by MY NEW DESIGN, of the Products returned by the Client under the conditions provided for in this article.

However, in accordance with article L.221-28 of the Consumer Code, the provisions of this article do not apply:

- to Products made according to the Client's specifications or clearly personalized;

- to Products which, after being delivered and by their nature, are inseparably mixed with other items;

- to Products that have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection.

- to discounted products that are neither returned nor exchanged.

CUSTOMER SERVICE

For any information or question, My New Design Customer Service is available to Clients:

Email: contact@mynewdesign@gmail.com

MYNEWDESIGN - LB COLLECTIONS - 13, rue Maupertuis – 29200 BREST

For a complaint: contact.mynewdesign@gmail.com or by mail to the postal address listed above. Complaints are only accepted if the invoice is attached. Please mention your customer code and the invoice number.

INTELLECTUAL PROPERTY

The content of the website www.my-new-design.com and catalogues are the property of LB COLLECTIONS and its partners and are protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

Furthermore, LB COLLECTIONS remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Client's request) for the purpose of supplying the Products to the Client. The Client is therefore prohibited from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written, and prior authorization of LB COLLECTIONS, which may make it conditional on financial compensation, if applicable.

LIABILITY – WARRANTIES

The Products offered for sale on the website www.my-new-design.com comply with current French legislation and have performance compatible with non-professional use.

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

Of the legal guarantee of conformity (articles L.217-1 to L217-14 of the Consumer Code), for Products that are apparently defective, damaged or broken, or do not correspond to the order,

Under the legal warranty against hidden defects (articles 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,

This is subject to the conditions and terms specified in the box below.

It is recalled that under the legal warranty of conformity, the Customer:

* Benefits from a two-year period from the delivery of the Product to act against LB COLLECTIONS

* Can choose between repair and replacement of the ordered Product, subject to the cost conditions provided by Article L.217-9 of the Consumer Code

* Is exempt from having to provide proof of the existence of the Product's conformity defect during the twenty-four months following the delivery of the Product (this period is six months for second-hand Products sold, if applicable).

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product.

The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they can choose between rescinding the sale and a reduction in the selling price in accordance with Article 1644 of the Civil Code.

To assert their rights, the Customer must inform LB COLLECTIONS, in writing, of the non-conformity of the Products or the existence of hidden defects and return the defective Products in the state in which they were received with all their elements (accessories, packaging, instructions, etc.).

LB COLLECTIONS will reimburse, replace, or have repaired the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of proof of payment.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following LB COLLECTIONS's recognition of the non-conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank cheque sent to the Customer.

LB COLLECTIONS's liability cannot be invoked in the following cases:

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

in case of misuse, professional use, negligence, or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident, or force majeure.

LB COLLECTIONS's warranty is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.

LB COLLECTIONS reserves the right, before acting on the Customer's claim, to have the validity of the claim verified on site by a person appointed by it, and, in particular, to examine whether maintenance has been carried out correctly. 

FORCE MAJEURE

The Parties shall not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

By express agreement, a case of force majeure includes: natural phenomena beyond the control of either Party (drought, frost, hail, fire, flood, etc.).

APPLICABLE LAW – DISPUTES 

These General Terms and Conditions of Sale are subject to French law. 

All disputes that may arise from the purchase and sale operations concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved between LB COLLECTIONS and the Customer, will be submitted to the competent courts under common law conditions. 

In accordance with the provisions of the Consumer Code (Article L. 612-1 of the Consumer Code) concerning the amicable settlement of disputes, LB COLLECTIONS adheres to the MEDICYS mediation service, whose contact details are as follows:  

MEDICYS – 73, Boulevard de Clichy 75009 Paris

The Customer may use this mediation service for consumer disputes related to a purchase made on the website www.my-new-design.com that could not be amicably resolved with LB COLLECTIONS.

In addition, it is reminded that the Customer can also file a complaint on the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address: 

https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase

PROTECTION OF PERSONAL DATA

In application of Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data (Customer's first and last name, postal address for product delivery, Customer's phone number, Customer's email address, bank details) requested from the Customer by LB COLLECTIONS are necessary for the following purposes: 

(i) for the processing and payment of their order, any related claims, and invoicing;

(ii) subject to prior consent, for the communication of newsletters;

In accordance with current regulations, the personal data of Customers collected by LB COLLECTIONS for the above purposes are kept for a period of: 

Ten (10) years for the purposes provided in (i);

Five (5) years for the purposes provided in (ii);

This data may be communicated to any partners of LB COLLECTIONS responsible for the execution, processing, management, and payment of orders.

In all cases, personal data is not transferred outside the European Union.

The processing of information communicated via the website www.my-new-design.com complies with legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended by Law No. 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 their personal data by writing either by email to the following address: contact.mynewdesign@gmail.com, or to the following postal address: 

MYNEWDESIGN - LB COLLECTIONS 

13, rue Maupertuis – 29200 BREST

The Customer also has the right to lodge a complaint regarding the use of their personal data with the CNIL: Commission Nationale de l'Informatique et des Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 -Tel: 01 53 73 22 22 - Fax: 01 53 73 22 00