Terms of Sales
The general conditions of sale detailed below apply to all orders placed with the company NEWTEX SARL for all items and services offered on the website www.capucine-moda.com. Consequently, placing an order on the website www.capucine-moda.com implies full acceptance of these terms and conditions by the customer.
NEWTEX SARL reserves the right to modify at any time these terms and conditions of sale. The conditions of sale applicable to any transaction on the site www.capucine-moda.com, are those mentioned online on this site at the time of placing the order by the customer
2. Identification of the seller
The merchant site www.capucine-moda.com is operated by the company NEWTEX with a capital of 137 204 € having its registered office at 57 rue Tapis vert, 13001 Marseille and registered in the trade and companies register of Marseille under the number 341 257 871, VAT no. FR 26 341 257 871.
3. Characteristics of sold articles
The site www.capucine-moda.com offers clothes, shoes and accessories whose characteristics are described by the photo, the designation, the quantity per package and the unit price in euros HT. The Customer is obliged to consult the descriptive sheet of each article in order to know its characteristics. The customer also recognizes that all drawings, images, reproductions, photographs of things for sale on the site are only indicative. Under no circumstances can an alleged nonconformity of the thing sold to the visuals online, be able to base a request of any nature whatsoever against the NEWTEX Company.
To place the order the customer must obligatorily go through his personal account or create it. The customer orders the available item (s) of his choice on the website www.capucine-moda.com by clicking on "Add to cart".
The customer can modify the quantities of each of the products or cancel them before the validation of the order. After having checked the contents of his basket, the customer will have to validate his basket by making his payment. The order will be final only from the payment of the corresponding price. The validation of the basket allows the user to access the online payment. The order will be final only from the payment of the corresponding price.
Newtex reserves the right to accept or not accept the order based on the minimum purchase indicated to the customer. The delivery method will be chosen by the customer.
Once NEWTEX has received the payment of the order of the customer, the latter will receive an email confirmation of acceptance of the order, summarizing the reference of the order, the product (s) ordered (s), their ( s) quantity (s), the price, the applicable tax (s), in particular on the value added, the means of payment chosen.
Prices are quoted in unit Euros excluding tax and delivery charges. The Value Added Tax is that in force in France on the day of the order. Depending on the delivery method chosen by the customer, delivery costs are either invoiced in addition to the total price of the order, or due to the carrier upon delivery.
Delivery charges are offered from a certain amount of purchase excluding VAT, indicated on the website www.capucine-moda.com.
Any change in the applicable rate may be reflected in the prices of items. On the other hand, if one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products on the site capucine-moda.com However, a price can not be modified once the user's order has been validated.
The prices applied are those appearing on the site at the time of the order. After this date, they are subject to change at any time. NEWTEX can not however be bound by the display of an erroneous and obviously derisory price, whatever the cause (manual error, technical error or others). In this case, NEWTEX agrees to inform the customer as soon as possible and the order will be canceled.
The price due by the Customer is the amount indicated in the basket of which the Customer has read before definitively validating his order including the price inclusive of the item (s) ordered and the cost of delivery. The customer must pay for purchases online and order by credit card (credit card, Visa, Mastercard, MasterCard) or with Paypal.
In this case, the customer must send the number of his credit card on the site, as well as the date of expiry thereof and the cryptogram number (3-digit number on the back of his credit card) being specified that the Credit card data are only kept during the order processing time (secure communication protocol). The debit of the card will be made at the time of the order. The online supply of the credit card number and the final validation of the order will be proof of the completeness of said order.
7. Acknowledgment of receipt of the order
At the end of the payment, the Customer will receive a confirmation of his purchase online. A document summarizing the order is sent to the Customer by email to the email address indicated by him and at the latest before delivery. This acknowledgment of receipt document also includes all the constituent elements of the contract entered into between the Parties.
8. Shipment of the Order
All orders will be packed carefully and sent to the address indicated by the customer when ordering. The customer can choose between several modes of delivery:
By Transports Besson: for all orders placed before 13h the delivery times are 24 to 48 hours on their integrated network with the exception of some localities of mountain (delay not guaranteed). See the conditions of the carrier Besson.
By DPD: delivery times are 48h throughout France (time not guaranteed). See the conditions of the DPD carrier.
In case of absence the parcel will be made available to you at the carrier whose customer depends, or will be represented at your expense.
However, NEWTEX can not guarantee the delivery times of the carriers mentioned above, these statements being only indicative; their services are subject to their own general conditions of sale and use. Likewise, NEWTEX can not be held responsible for delivery difficulties resulting from a bad seizure of its coordinates by the customer.
No expeditions are made on Saturdays, Sundays and holidays.
8.2 Receipt of the delivery
Upon delivery, the customer is required to check the conformity of the items received with his order, the condition of the packaging and the goods.When receiving the package, the customer must check the status of its contents in the presence of the carrier. The customer will not be able to request any compensation for any reason whatsoever of the potential damage resulting from a delivery problem. For any missing or defective goods, reservations must be made to the carrier.
9. Return and Retraction
Defective items must be reported to NEWTEX by email within 48 hours of receipt of the goods. Returns of goods must be subject to prior approval from NEWTEX. No return will be accepted without the agreement of the company NEWTEX. Unless agreed by the company NEWTEX, the return costs are the responsibility of the customer.
10. Personal data
The information requested from the customer during his order is necessary for the processing thereof. However, this information is strictly confidential and is treated in compliance with the Data Protection Act of 6 January 1978. Moreover, the Customer has at any time a right to access and rectify his personal data. In this case, he must send his request to NEWTEX.
11. Intellectual Property
All texts, comments, works, illustrations and images reproduced on the site are protected by copyright and by intellectual property rights. Any use is forbidden and is constitutive of counterfeit sanctioned by the articles L 335-2 and following of the Code of the Intellectual Property.
12. Force majeure
NEWTEX can not be responsible for the total or partial non-fulfillment of its obligations under the present contract, if this non-performance resulted, either from the customer, or an unforeseeable and insurmountable event, from a third party to the contract, or a case of force majeure. NEWTEX undertakes however to inform the customer within 5 days of the occurrence of this event constituting force majeure and to find a solution to remedy this difficulty and this as soon as possible.
13. Temporary closure or unavailability of the website
NEWTEX reserves the right to temporarily close the website. Similarly, the website may be unavailable for an indefinite period due to technical difficulties. Neither closure nor unavailability of the site will be likely to base a request of the customer against the NEWTEX Company of any kind whatsoever.
In the event that one of the clauses of these general conditions of sale would be null and void by a change of legislation, regulation or by a court decision, this can not in any way affect the validity and respect of others clauses of these general conditions of sale and use.
15. Applicable law and dispute resolution
These general conditions of sale are subject to French law regardless of the country of delivery. In case of difficulties of any kind, the parties undertake to make their best efforts to find an amicable outcome. The parties must be able to justify it in the context of legal proceedings. In case of dispute, only the commercial court of Marseille will be competent.