General terms and conditions of sale

Site edited by : NEW WALKINGS SAS. with a capital of 24 000 €, registered at the RCS LILLE under the number 804 815 611 and whose head office is located at 39 rue Faidherbe - 59370 Mons-en-Barœul, France. The SIRET of New Walkings is 80481561100046, its VAT number is FR57804815611 and its APE code is 4649Z.

The site is hosted by OVH, whose head office is located at 2 rue Kellermann 59100 Roubaix - France

These terms and conditions are concluded between the company New Walkings, hereinafter referred to as "the Seller", on the one hand, and persons wishing to make a purchase on newwalkings.com, hereinafter referred to as "the User", on the other hand, via the website https://www.newwalkings.com, hereinafter referred to as "the Site".
The parties agree that the present conditions of sale, available on the day of purchase, exclusively govern their relationship. The language proposed for the conclusion of the contract between the parties is French.

If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
This contract is subject to the provisions of the Consumer Code relating to distance selling.

1. Objet
The present General Conditions aim at defining the terms of sale between New Walkings and the User, from the placing of orders to the after-sales services, including payment and delivery. These conditions concern exclusively legal entities.

2. Products
The Products governed by these General Conditions, hereinafter referred to as the "Products" or "Parts", are those that appear on the Website. They are offered within the limits of available stocks.
In the event that the item is indicated as being "on pre-order" or "in restocking", the date indicated cannot be considered as firm and definitive and may be subject to changes and shifts beyond the control of the Sellers.
The Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the Seller cannot be held responsible. Furthermore, as engineers may make changes to improve the products without necessarily notifying the Seller, the latter shall not be held liable.
The photographs of the Products are not contractual.

3. The order
The User has the possibility to order online from the online catalogue.
Any order implies acceptance of the prices and descriptions of the Products and Parts available for sale.
The User has the possibility of modifying his basket before the final validation, this last step formalising the sales contract between the Seller and the User. By placing an order on the site, the User fully accepts these terms and conditions of sale.
In certain cases, in particular lack of funds, absence of payment, identified risk on the means of payment, erroneous address or other problem on the User's account, the Seller reserves the right to block the User's order until the problem is resolved.
Orders may be sent to the Seller by Internet only. The Seller will send to the address that the User will have communicated all the items listed on the order, except for those that are not available on the day of receipt of the order or the day of processing, which will be sent later as soon as they are available. The maximum delivery time is 12 weeks, except in the case of pre-ordered items for which the time may be variable and extended.
In the event that a Product is definitively unavailable, the Seller will contact the User to notify him/her and offer a replacement product. If the User refuses the replacement item, the amount corresponding to the item sold out will be refunded to the User.

4. The delivery
The shipment of parcels in metropolitan France and European countries.

Shipping costs are calculated on a flat rate basis.
Delivery is made to the delivery address indicated by the User, at the entrance to the building, under normal conditions of accessibility. If the User is absent at the time of delivery, a notice of passage (by slip, email or sms) allows you to agree on a new delivery date with the carrier. In some cases, the parcel can be dropped off at a relay point by the delivery service provider, who will have to notify the customer by email, sms or by a delivery note in the customer's mailbox.
In the event of a pre-order or a product being restocked, it is agreed that the User will keep his delivery address up to date by correcting it if necessary in his Customer Area.

5. Payment
The User has one or more means of payment for the payment of his purchases. Any means of payment is conditional on the Customer's acceptance of the general terms and conditions of sale.

• Online at the time of order by credit card (Carte Bleue, Visa, Mastercard, Maestro):
  The User's account will be debited before the available items are shipped. In the event that the Products or Parts are sold out, a credit to the credit card will be made for the actual amount of the Product(s) or Parts sold out. In certain cases, pre-orders or reservations of popular products, the amount will be debited immediately to guarantee the reservation of the order.
  This method of payment is reserved for residents of France (excluding DOM-TOM), Belgium, Luxembourg, Germany, Spain, Italy, the Netherlands, Portugal, Austria, Poland, Czech Republic and Slovenia. For other countries, payment should be made by bank transfer.
• By bank transfer :
  The shipment of the available Products or Parts is made after receipt of the transfer. In the event that the Products or Parts are sold out, a refund will be made for the actual amount of the Product(s) or Part(s) sold out. The User will have to provide his Bank Account Statement so that the Seller can proceed with the refund.
• Online when ordering by alternative payment (iDeal, SEPA, Amex, ApplePay, GooglePay,...):
  The User's account will be debited before the available items are shipped. In the event that the Products or Parts are sold out, a credit to the credit card will be made for the actual amount of the Product(s) or Parts sold out. In certain cases, pre-orders or reservations of popular products, the amount will be debited immediately to guarantee the reservation of the order.
  This method of payment is reserved for residents of France (excluding DOM-TOM), Belgium, Luxembourg, Germany, Spain, Italy, the Netherlands, Portugal, Austria, Poland, Czech Republic and Slovenia. For other countries, payment should be made by bank transfer.

6. The tariffs
Prices are in euros, excluding VAT
These prices do not include a flat-rate contribution to processing costs (postage, packaging and preparation of the package).
The site being a sales site for professionals, it is not possible for a User to place an order on a personal basis. In this case, the customer must go to one of our sites intended for individuals.
The User must also pay a fixed sum corresponding to a contribution to the cost of sending the order (unless he/she benefits from a special offer exempting him/her), the amount of which will be specified on the order form before validation of the latter. This contribution depends on the Products or Parts ordered and the destination of the package.
In the event of the display of an erroneous price, obviously derisory (low price), for whatever reason (computer bug, manual error, technical error.), the User's order, even if it has already been validated by the Seller, will be cancelled, of which the Seller will inform the User as soon as possible. The User, if he wishes, will then have the possibility of placing his order again at the corrected and exact price.
VAT and environmental taxes are applicable on the day of the order by a French customer. Any change in the applicable rate may be reflected in the prices of the Products or Parts. However, the prices cannot be modified once the customer's order has been validated. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the Products or Parts present on the Seller's site and sales documents.

7. The Guarantees
The manufacturer's commercial guarantee or the Seller's commercial guarantee do not prevent the benefit of the legal guarantee for hidden defects in the products sold and the legal guarantee for defects in conformity of the goods with the contract.
7.1. Legal guarantee of conformity (see reference texts below) :
Where the User acts under the legal guarantee of conformity :

• He has a period of 2 years from the delivery of the goods to act (Article L211-12 of the Consumer Code)
• He may choose between repairing or replacing the goods, subject to certain cost conditions set out in Article L.211-9 of the Consumer Code.
• He is exempted from proving the existence of the lack of conformity during the six months following the delivery of the goods (Article L211-7 of the Consumer Code). This period is extended to twenty-four months from 18 March 2016, except for second-hand goods and products poorly maintained by the user.
• This right is waived in the case of a Wearing Part, a Sensitive Part or proven improper handling of the product by the User.

The legal guarantee of conformity applies independently of the commercial guarantee or the manufacturer's guarantee that may have been granted.
8.2. Legal guarantee of hidden defects on the products :
The User may decide to implement the legal guarantee against hidden defects in the item sold as provided for in Article 1641 of the Civil Code. In this case, the User may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
Except in the case of a legal guarantee, any transaction resulting from a lack of conformity between the Seller and the User, which is not contested within 24 months, may not give rise to a claim.
7.3. Commercial guarantee :
All items sold by the Seller benefit from a two-year commercial warranty (excluding wear parts and electronic components as the case may be), one year for batteries and chargers supplied with the product. The commercial guarantee is included in the selling price and covers parts and labour costs.
The commercial warranty does not cover normal wear and tear of a Product. Nor does it cover negligence, abnormal use or external accidental causes. In the latter case, the Product may be returned as is or repaired upon acceptance and prior payment of an estimate drawn up by the manufacturer. Repair subject to the availability of spare parts (up to 2 years from the official release date of the product).
For the application of the guarantee, the User must follow the instructions on the Website.
The purchase invoice justifying the origin of the Product is mandatory in order to benefit from the commercial guarantee of the Products.

8. Intellectual property
All elements of the Seller's website, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent.
Thus, none of the materials from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as follows: You may download one copy of the materials onto a single computer for your personal, non-commercial use only, provided you do not modify the information and that all copyright and other proprietary notices are retained intact. Modification of these documents or their use for any other purpose constitutes an infringement of the Seller's intellectual property rights.
The User who has a personal website and who wishes to place, for personal use, on his website a simple link referring directly to the homepage of the website, must ask New Walkings for authorization. This will not be an implicit affiliation agreement. On the other hand, any hypertext link referring to our Website and using the "framing" or "in-line linking" technique is strictly forbidden. In any case, any link must be withdrawn upon request from New Walkings. Trademarks, logos, drawings and models appearing on this site are the exclusive property of the Seller. Their disclosure can in no way be interpreted as granting a license or a right of use of the said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.

9. Duration
The present conditions apply throughout the duration of the online services offered by the Seller.
PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS.
The computerised registers, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The contracts concluded on our website are archived for a period of 10 years. Data relating to bank transactions are archived for 45 days after the order date. The User can at any time find and download the invoices for his various orders in the "My account" section.
APPLICABLE LAW AND JURISDICTION
The present conditions are subject to French law. The competent court in case of litigation will be the one of the place of residence of New Walkings, i.e. the commercial court of Lille.

10. Late payment and non-payment
In the event that the client defaults in the payment of any sum due to New Walkings, we reserve the right, with or without notice, to suspend all deliveries to the client, until the client has paid the sum or sums due.
In case of late payment, penalties will be calculated on the basis of 3 times the legal interest rate.
A fixed legal indemnity of 40€ for collection costs will be applied in addition to the late penalties.