GENERAL CONDITIONS OF SALE AND USE
General conditions of use and sale
The platform is the internet portal of “The New Creators ” allowing access to the entire Site; namely the site
www.lesnouveauxcreateurs.comin order to be able to sell and promote your creations.
The Site allows the connection of sellers (hereinafter the "Sellers") with Customers (hereinafter the "Customers" and "the Site").
The Sitewww.lesnouveauxcreateurs.comis a marketplace that promotes and promotes new creators who offer the sale of original creations by Sellers.
All of the products sold on the Platform by the Sellers are referred to below as the “Products”.
These general conditions of use (hereinafter the “General Conditions”) govern access to and use of the entire Platform and each of the Platform Sites and describe the conditions under which “The New Creators ” offers access to its services through the Platform.
The T & Cs apply to any User of the Site, whether registered as a Member or not.
You will have the opportunity to read these documents with contractual value carefully before using the Platform and please read these conditions carefully before use.
The Seller certifies, by clicking on the "I accept" option or by using this Site (in whole or in part) as a Seller, that it agrees to be bound by the terms of these T & Cs.
If the Seller does not accept the terms and conditions, he is not authorized to use our services.
1.1 "Customer": means a person who has indicated their acceptance of a Seller's offer on the Site.
1.2 "Platform": refers to the functional and organizational structure put in place by “The New Creators ” allowing the connection of Sellers and Customers, and giving access to all of the Products accessible through the Site.
1.3 "The company": means “The New Creators ”,
1.4 "Member":All the people who visit the Site, without being Sellers or Customers.
1.5 "Product":means a product offered for sale on the Platform by a Seller. The Product must comply with these General Conditions and in particular not constitute a Prohibited Product.
1.6 "Prohibited Product": designates a product prohibited for sale on the Platform.
1.7 "Site":designates the sitewww.lesnouveauxcreateurs.com
1.8 "User":means any person who uses the Platform, whether a Member or not.
1.9 "Seller":designates a Member who opens a virtual store on the Site and offers Products for sale through the Platform.
2 OBLIGATIONS OF “The New Creators”
2.1 The Platform is an online sales space on which Products, in accordance with these General Conditions, can be offered for sale, sold and acquired by Members, as long as their offer, sale or acquisition is not contrary to the provisions in force and in these general conditions.
2.2 “The New Creators ”, offers Sellers the possibility of presenting and selling their Products and their universes through one or more virtual and personal shops to each Seller, and provides Sellers with tools allowing them to highlight and promote their Products.
2.3 The role of “The New Creators ” is limited to intermediation between Customers and Sellers, unless expressly stated otherwise herein.
The New Creators, does not intervene in any way in the transactions between Customers and Sellers, who decide alone, of the conclusion of sales contracts through the Platform.
The New Creators, is neither a reseller nor an owner of the Products offered for sale on the Platform, never comes into possession of the Products offered for sale, does not stock the Products and is not furthermore in any way whatsoever.
In addition, with the exception of the limited intermediation role described in these general conditions, “The New Creators ” does not intervene in any way in the manufacturing, marketing and / or distribution chain of Products (including compliance verification tests, packaging, labeling, transport or any other activity).
“The New Creators”, therefore has no control over the Products and cannot in particular guarantee that the Seller's Product will satisfy The Customer.
Likewise, “The New Creators ” cannot guarantee to the Seller that the Product will not be returned or that the sale will not be canceled by the Customer, all of these elements being exclusively and directly under the personal responsibility of each Seller and Customer, unless otherwise stipulated in these conditions general.
2.4 “The New Creators ” on the one hand and the Member on the other hand are independent parties, each acting in their name and for their own account. Unless otherwise stipulated in these general conditions, these general conditions do not create any relationship of subordination, mandate, joint venture, joint venture, employer / employee or franchisor / franchisee relations between “The New Creators” and each Member.
2.5 Unless otherwise required by law, each Member releases “The New Creators ” (as well as all managers, and employees) of any responsibility in the event of a complaint, dispute and / or litigation between Members, and / or of any present or future damage, presumed or not, noted or not, resulting directly or indirectly from this complaint, this dispute and / or this litigation.
2.6 The company reserves the right to participate in the promotion of Products posted on the Platform and marketed by Sellers, in particular by establishing partnerships with other websites and / or by publications in the media and / or by sending advertising emails and / or social networks in compliance with the applicable legal provisions. Such participation cannot deprive it of the quality of a simple intermediary in exchanges between Sellers and Customers insofar as The company only promotes the Platform and the Products offered therein as a whole (and not such or such specific Products or selected by The company), but does not intervene in the relationship between Customer and Seller concerning one or more Products in particular.
3 SELLER'S OBLIGATIONS
3.1 The Platform allows the Seller to create his virtual shop on the Site of the Platform through a unique account with which is associated an email address, a username (or pseudo) and a unique password.
In addition, the Seller must obligatorily offer the Customer payment by bank card and PayPal to allow payment by the customer in one go of all of the Products purchased in several virtual stores on the same Site (single basket).
3.2 The New Creators also makes available to Sellers promotional tools (such as, for example, coupons). The Seller is free to use or not to use such tools. The use by the Seller of the promotional tools made available by Les New Creators is carried out under the sole responsibility of the Seller.
3.3 Each Seller undertakes to:
(i) To communicate a "product file" which indicates the complete and exact characteristics and qualities of each Product offered for sale on the Platform, the availability, the price of the Product (all taxes included if applicable), the deadline for shipping (and when legally required, delivery time) and delivery costs, colors, material, sizes, measurements, advice on maintenance and use.
(ii) Guarantee the originality of the designs and models that it delivers to the company within the meaning of article L 513-4 and following of the intellectual property code
(iii) To put the Product for sale in the appropriate category, the Seller being solely responsible for the choice of the category in which he references his Product, this referencing cannot in any case be interpreted as a guarantee of “The New Creators ” on the origin, legal compliance or authenticity of this Product;
(iv) To recognize that The New Creators is not required to verify or review the content and / or the product to determine whether such content and / or product is likely to be the subject of litigation with a third party
(v) Respond to consumer questions or queries within 24 hours. If the creator cannot do it, he will have to find someone in charge of doing it for him.
(vi) To recognize that “The New Creators” is not responsible for any behavior or comment by the consumer about the Creator / product.
(vii) To accept that the Seller is solely responsible for any use of the services and the Site if this use is made within the framework of a connection under his name. Consequently, the Seller will warn “The New Creators” any security breach or unauthorized use of the creator's login name.
(viii) To recognize that “The New Creators” is in the right to publish, download or make available any content, listing or product on the Site or other partner sites for Marketing and Communication purposes
(ix) To allow “The New Creators ” to have all of the various rights and in particular those of intellectual property attached to the elements transmitted to “The New Creators ” and necessary for the realization of the Online Sale.
(x) The Seller authorizes “The New Creators ” throughout the production and distribution process provided for in this contract:
- To use the name of the Seller, logo, visuals, photos, films that can be used to market the product
- To associate the Products, the brand, the Seller's logo with the name, logo, brand and own slogans
advertising or promotional materials created or used by “The New Creators ” or one of its Partners.
(xi) To permanently accept:
- Not to use a connection with the intention of assuming the identity of another person
- Do not allow anyone to use their identification name
- Use the information extracted from the Site only for the purposes mentioned in this contract
- To comply with all the rules and conditions of “The New Creators ” relating to the Site
(xii) To take charge of returns of products purchased on the site by the Company's customers, in the event:
- of inadequate size
- of dissatisfaction (Return for reimbursement within 14 days) and to contact the Company as soon as the two parties agree (The Seller and Final Customer) in order to proceed to the full reimbursement of the dissatisfied Customer.
3.4 The Seller is responsible for the security and personal use of all of his passwords or any other device used when connecting to his e-shop (which includes changing his passwords regularly for a maximum security)
3.5 The Seller must take all necessary measures to ensure that his passwords or other devices used for his connections are confidential, secure and used in a personal manner and not authorized to third parties.
3.6 The seller must provide his bank details (RIB) or PAYPAL, so that payment can be made in respect of any product sold.
3.7 The Seller must ensure that his bank details are kept up to date, and must inform the Company of any change within the limit of one working day. The creator is responsible for paying all bank charges or other administrative costs incurred by the Company due to inaccuracies in this information.
4 CLIENT OBLIGATIONS
4.1 The Client can only create one account on the Platform. The opening of an account by the Customer on the Site allows him to access the entire Site of the Platform and to buy Products.
4.2 The Client undertakes to comply with all the laws and regulations relating to the acquisition of goods of any kind.
4.3 After choosing his Product (s), The Customer must check the details of his order, its price, fill in if necessary, depending on the payment method chosen, the information allowing the payment of the Product and correct any errors before confirming the order to express its acceptance
4.4 Once the Customer has placed an order for Products on the Platform, he accepts that his full names, as well as his delivery address, will be communicated to the Seller for the purposes of the order.
4.5 The orders placed by the Customer are independent of each other. If one or more orders are or are not confirmed by the Seller (s) concerned (if this option is open to the Seller), the other orders of the Customer are not lapses and binds the Client. Consequently, the fact that one or more Products ordered from one or more Sellers on the Platform is not available is not a reason for waiving all of the Products ordered, The Customer being bound by the order of the other Product (s) available.
4.6 Failing receipt of the Product (s) ordered, The Customer must contact “The New Creators ” to the following email address: firstname.lastname@example.org .
5 PAYMENT / DELIVERY
5.1 The means of payment available on the Platform are as follows: payment through the Seller's PayPal account (if the Buyer has a PayPal account), through the secure payment system by bank card.
5.2 The Customer can add Products from several virtual stores to his basket and pay for the entire basket at once. In this case, the Customer must pay the amount of his purchases by bank card or through his PayPal account. At the end of the payment, each Seller will manage the order of his Products in accordance with the stipulations of this article 6 and more generally of these General Conditions.
5.3 The sale is concluded between The Customer and the Seller as soon as The Customer finalizes his order on the Site, subject to confirmation by the Seller.
5.4 As soon as the Customer has finalized his order on the Site, an order confirmation will be sent to the Customer and the Seller.
5.5 The Seller is responsible for the shipment and delivery of the order to the Customer, in accordance with the shipping and delivery times announced to the Customer at the time of the order and the applicable legal provisions.
The Customer's contact details will be accessible to the Seller once the payment has been made.
As soon as the Seller is ready to dispatch his order, he must inform The New Creators as well as the Customer, by indicating to the latter the delivery date or the deadline for delivery. If the order is sent by registered mail, the Seller also undertakes to indicate the tracking number on his account. The Products ordered are shipped and delivered at the Seller's expense and risk.
5.6 Upon delivery, the Seller must confirm that the Customer has received the order.
5.7 The follow-up of the order can be carried out at any time on the Site by the Member, through his account.
5.8 Complaints, exercises of the right of withdrawal and requests for reimbursement made by the Buyer must be addressed to the Seller and will be directly managed between the Buyer and the Seller in accordance with article 7. The transaction will be deemed closed 21 days from of the shipment by the Seller of the order, unless a complaint is made by the Buyer.
6. CLAIMS AND RIGHT OF WITHDRAWAL
6.1 Complaints, exercises of the right of withdrawal, cancellations and requests for reimbursement made by the customer must be addressed to the Seller and will be directly managed between the customer and the Seller from their respective accounts without any intervention from “The New Creators ” unless otherwise stipulated in this article. It is up to the Buyer and the Seller to agree.
6.2 The customer and the Seller will act with all the diligence necessary for the correct resolution of complaints, exercises of the right of withdrawal, cancellations and requests for reimbursement. The final decision to reimburse the customer rests with the Seller. However, if the Seller refuses to allow a complaint, a request for withdrawal, cancellation or return made by the customer or does not deal with this complaint or request within 48 hours of it, “The New Creators ” reserves the right to study the seller's complaint or request and, in the event of refusal or improper treatment by the Seller, to reimburse the customer for the amount of the order concerned. This amount will be charged to the Seller and collected under the conditions provided for in the article.
6.3 In the event of a complaint and until the dispute is resolved, “The New Creators ” reserves the right to temporarily block the Seller's account. In the event of repeated complaints against the same Seller or a high cancellation rate from the same Customer, “The New Creators ” also reserves the right to temporarily or permanently suspend and / or close the account of the Member concerned.
6.4 In the event of a complaint related to a non-conforming Product or the exercise of the right of withdrawal, The Customer undertakes to return the Product to the Seller. In particular, the Customer undertakes to pack the Product properly and to take all the usual precautions for its transport. Return costs remain the responsibility of the Customer.
7 FINANCIAL PROVISIONS
“The New Creators ” is remunerated on the connection between the Customer and the Seller and receives a commission according to the principles described in this article 7.1.
In remuneration for the linking service provided by Les Nouveau Créateurs, the Seller agrees to pay “The New Creators ”, due to the finalization by the Customer of the order on the Platform, a commission equal to 10% (for the Site
www.lesnouveauxcreateurs.com) of the amount of the order (excluding delivery costs).
The commission is acquired and due as soon as the Customer has placed an order on the Platform, regardless of the payment method used.
“The New Creators ” reserves the right, without compensation, to modify its policy relating to the sale of Products on the Platform and / or to the commission received by “The New Creators ” and will notify Members. In the event of a reduction in these costs, commissions and prices, these modifications will be effective as soon as they are posted on the Site. If the modification is temporary (for example, on exceptional promotion days), the duration of this modification will also be communicated to Members and displayed on the Site. In the event of an increase in these fees, commissions and prices, “The New Creators ” will inform the Members which will be required to accept these new modifications.
7.2 Transaction fees
In the event of payment by bank card or PAYPAL of the Seller, transaction fees will be collected on the amount of the order. These transaction costs, independent of the commission due to The New Creators, may vary depending on the total amount of the transaction (shipping costs included). Transaction costs are not refundable in the event of reimbursement to the Customer of the amount of his order or in the event of cancellation of the transaction, except with the express written agreement of “The New Creators ”.
7.3 Method of payment and invoicing
The commission and all other costs due to “The New Creators ” will be directly deducted from the amounts of the Seller in the event of payment via the secure payment system by bank card of Les Nouveaux Créateurs, at the time of the confirmation by the Seller of the order (at the latest 72 hours after the order).
8 COMPLIANCE WITH LAW
8.1 Each Member undertakes to comply with all applicable laws, regulations and standards of all kinds relating to the use of the services offered via the Platform, the sale, purchase, solicitation of offers from purchase and / or sale of objects.
8.2 In addition, each Member expressly acknowledges that the use of the Platform and the services provided by “The New Creators ” through the Platform may lead to a qualification of "trader" within the meaning of article L121-1 of the French Commercial Code and that additional obligations may apply to the Member in his capacity as a professional.
8.3 In the case of characterized fraud (fraudulent copying, concealment, illegal importation, etc.) or on request, “The New Creators ” will communicate all the necessary information, including nominative, to the competent services responsible for the repression of said fraud and offenses.
9.1 New Creators is only bound by an obligation of means.
9.2 “The New Creators ” will only be liable for direct damage exclusively attributable to a contractual fault committed by “The New Creators ”. Unless it is wrong, “The New Creators ” cannot be held responsible for any damage suffered by a Member or a User by virtue of the use of all or part of the Platform or of a Site or the impossibility of using all or part of the Platform or of a Site. “The New Creators ” cannot be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet.
9.3 As a host of Content posted by Members, “The New Creators ” cannot be held responsible for the Content published on the Platform or any of the Sites by Members.
10 DURATION OF THE CONTRACT, SUSPENSION OF THE CONTRACT AND RESOLUTION OF DISPUTES
10.1 This contract takes effect from today and will remain in force until further notice, unless terminated by one of the parties, under the conditions stipulated in the article 5
10.2 Each party may terminate this contract for any reason, provided that it notifies the other party. Following this event, “The New Creators ” will deactivate the creator's account on the site within 2 months of the notice given by the creator in order to
to be able to stop in time any marketing or communication campaigns launched by “The New Creators ” for this creator.
10.3 In the event of non-compliance by one of the Parties with its obligations mentioned in this Contract, the other Party, after having given notice to do so within an appropriate period depending on the non-fulfillment of the obligation , by registered letter with acknowledgment of receipt, may avail themselves of the termination of this Agreement, without prejudice to the payment of damages for the benefit of the victim Party.
10.4 Following the termination of the contract, for whatever reason:
10.4.1 the right of the Creator to use the services of the Site will end immediately and the Creator must proceed with the deletion of any content, listing or other information about the Creator and / or its Products from the Site;
10.4.2 Any license granted under this contract will terminate immediately
11.4.3 The Creator must pay “Les New Creators ” any amount due and unpaid
according to this contract
10.4.4 The termination of this contract for whatever reason will not affect the rights accumulated by one party or the other before the termination of this contract
10.5 The termination of this contract for any reason continues to be in force to the extent necessary to give effect to the clauses which, according to this contract, explicitly or implicitly, are still in force after the termination of this contract.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The Seller acknowledges and accepts, unless expressly agreed otherwise, that all intellectual property rights created in the context of services rendered by “The New Creators ” and cited in the General Conditions of Sale are owned by “The New Creators ”
11.2 Nothing contained in this contract will serve to transfer “The New Creators ” to the Seller none of the intellectual property rights belonging to “The New Creators ” and / or its licensees and all rights, titles and interests will remain exclusively the property of “The New Creators ” and / or licensees of “The New Creators ”.
11.3 With the exception of the rights expressly granted by this contract, no element stipulated in this contract will serve to transfer from the Seller to “The New Creators ” no element of the content and all rights, titles and interests included in or linked to the content will remain exclusively the property of the Seller.
11.4 “The New Creators” grants the Seller a non-exclusive, worldwide, non-assignable, non-licenseable license to use the intellectual property rights held by “Les New Creators ”, for a purpose strictly reserved for the use of the Site and the services offered by the Site. If the use of his intellectual property rights is not linked to the use of the Site and its services, the Seller accepts that he must first obtain the written agreement of “The New Creators ”.
11.5 The Seller grants to “The New Creators ” a non-exclusive, worldwide, non-assignable, non-licenseable and royalty-free license to use the content for the sole purpose of fulfilling its obligations stipulated in this contract.
11.6 Nothing in this contract will prevent “The New Creators ” to use any know-how, methods, techniques or procedure developed by “The New Creators ” in order to fulfill its obligations stipulated in this contract.
11.7 The Seller will immediately notify “The New Creators ” any claim for compensation made or threatened to the Creator or any infringement or alleged infringement of intellectual property rights in the context of the use of the Site's services by the Seller. The Seller agrees to grant “The New Creators ” the exclusive control of any litigation and negotiation arising following any request previously quoted, and to assist “The New Creators ” in the event of an explicit request from him.
11.8 If a claim or complaint against infringement or alleged infringement of intellectual property rights is made in connection with the use of the Site or, if such a complaint is likely to be made according to “The New Creators ”, “The New Creators ” is, in its own right, authorized to:
- modify or replace the relevant elements of the Site, so that they are no longer considered to be the subject of the complaint; procure the seller's right to continue using the Site and its services under the conditions stipulated in this contract
11.9 “The New Creators ” disclaims all liability for, and the Seller shall pay compensation to “The New Creators ” against, any complaint for infringement of the intellectual property rights of the content of the Site, in the event that the causes of infringement are: any material or instructions including, without limitation, the content provided to “The New Creators ” by the Seller; where any modification, improvement or alteration of the content made by the Seller; or due to the improper use of the content, the Site or the services compared to the clauses of this contract
11.10 All intellectual property rights of a third party purchased by the Seller for its use of the Site and its services must be paid by the Seller. “The New Creators ” shall not be held responsible for any delay or inability of the Seller to pay the third party for these intellectual property rights.
12.1 The general conditions of use and sale express the entirety of the agreements and conventions entered into between the Parties.
It cancels and replaces all other verbal or written agreements of any kind whatsoever which may have been entered into between them in connection with the subject of the general conditions of use and sale.
12.2 The general conditions of use and sale can only be modified by an amendment signed by both Parties.
12.3 These General Conditions are governed by and interpreted in accordance with French law.
12.4 The French courts will have jurisdiction to rule on all disputes that may arise between the parties relating to the execution of these.
BY EXCEPTION TO THE FOREGOING, ANY LITIGATION WITH A MEMBER ACTING ON A PROFESSIONAL BASIS IS OF THE EXCLUSIVE JURISDICTION OF THE TRIBUNAL DE COMMERCE DE PARIS.
Please send any request for information on the General Conditions of Use and Sale (ideally by e-mail):
The New Creators