Terms of service
Article 1 — Purpose and Scope
These general terms and conditions of sale (the "Terms") govern all sales concluded on the nuworn.com website (the "Site") between NuWorn (the "Seller") and any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, or professional activity (the "Customer").
They apply to the exclusion of any other conditions. Any order implies the unreserved acceptance of the Terms in force on the day of its validation, which the Customer acknowledges having read.
The Seller reserves the right to modify these Terms at any time. The applicable version is the one online at the time the order is validated.
Article 2 — Seller Identification
The Site is published by NEWEAR, trading under the name NuWorn.
- Legal form: French simplified joint-stock company (SAS)
- SIREN: 889 690 301 — SIRET: 889 690 301 00037
- APE code: 47.51Z
- Registered office: 2 Allée de la Laiterie, 59493 Villeneuve-d'Ascq, France
- Address in Italy: Via degli Aranci 97, 80067 Sorrento (NA), Italy
- Contact: contact@nuworn.com — +33 7 45 76 10 85
Hosting provider: Amazon Web Services, 410 Terry Avenue North, Seattle, WA 98109, United States — +1 (206) 266-4064 — aws.amazon.com
Article 3 — Products
The Seller markets clothing items and accessories. Each product is accompanied by a description setting out its essential characteristics: composition, available sizes, colors, and care instructions.
The photographs and visuals illustrating the products have no contractual value. Slight differences in shade or appearance may occur depending on the settings of the Customer's screen and shall not engage the Seller's liability.
Offers are valid as long as they are visible on the Site and within the limits of available stock. In the event of unavailability identified after the order, the Customer is informed as soon as possible and fully refunded for the amount of the item concerned.
Article 4 — Prices
Prices are indicated in euros, all taxes included, excluding delivery costs. The applicable delivery costs are displayed before the final validation of the order and recalled in the summary.
The Seller may change its prices at any time. The price charged is the one displayed on the Site at the time the order is validated by the Customer.
Orders shipped from a country located outside the European Union may give rise to customs duties, import taxes, or handling fees levied by the authorities or the carrier of the destination country. Where applicable, these amounts are the responsibility of the Customer and are added to the price paid on the Site.
Article 5 — Orders
5.1 Process
The Customer selects the desired items, adds them to their cart, then enters their contact details, delivery address, and payment method. Before validation, a summary allows them to check the details of their order, its total price, and to correct any errors.
The validation of the order, together with payment, constitutes acceptance of the prices, the characteristics of the products, and these Terms. It constitutes an obligation to pay.
Creating a customer account is not required to place an order.
5.2 Confirmation
The sale is deemed concluded from the moment the Seller sends the order confirmation email, summarizing the items ordered, the total price, and the delivery address.
The Customer must check the accuracy of this information and report any discrepancy without delay to contact@nuworn.com.
5.3 Refusal or Cancellation
The Seller reserves the right to refuse or cancel any order that appears abnormal, in particular in the event of a previous unresolved dispute with the Customer, suspicion of fraud, an obvious pricing error, or an order placed in an unusual quantity for non-personal use. The Customer is informed by email and refunded where applicable.
Article 6 — Payment
6.1 Accepted Methods
Payment is made online, at the time of the order, by:
- bank card (Visa, Mastercard, and other accepted networks);
- Apple Pay;
- Google Pay;
- Klarna, including its interest-free payment in 4 installments option.
Payments are processed by authorized payment service providers. The Customer's banking data is transmitted directly to these providers via an encrypted connection and is at no time stored by the Seller.
6.2 Installment Payment
The installment payment option offered by Klarna constitutes a separate contract concluded between the Customer and Klarna. It is subject to Klarna's general terms, eligibility criteria, and approval, over which the Seller has no decision-making power. The Seller is paid the full amount by Klarna, which takes its place in collecting the installments.
Any claim relating to installments, reminders, or any late fees must be addressed directly to Klarna. Claims relating to products, delivery, or returns continue to be handled by the Seller.
6.3 Charging
The amount is charged at the time the order is validated. The order is only processed after effective payment authorization. In the event of refusal by the banking institution or the provider, the order is automatically cancelled.
Article 7 — Delivery
The terms for preparation, dispatch, tracking, and handling of lost or damaged packages are detailed in the Shipping Policy, which forms an integral part of these Terms.
As a reminder, the order is prepared within 24 to 48 hours and delivered within an estimated time of 7 to 12 business days after dispatch, not exceeding 30 days from the order.
In the event of the Seller's failure to meet its obligation to deliver within the stated time or, failing that, within 30 days of the conclusion of the contract, the Customer may give the Seller formal notice to deliver within a reasonable additional period. If the Seller fails to comply, the Customer may terminate the contract in writing and be refunded all sums paid, no later than 14 days following termination.
The transfer of the risk of loss or damage occurs at the moment the Customer takes physical possession of the goods.
Article 8 — Right of Withdrawal
The Customer has a period of 14 days from the receipt of their order to exercise their right of withdrawal, without having to justify their decision or bear any cost other than the return costs.
The terms of exercise, the conditions regarding the state of items, the legal exclusions, and the refund timeframes are detailed in the Refund Policy, which forms an integral part of these Terms.
Article 9 — Legal Guarantees
Independently of any commercial guarantee, the Seller remains bound by the following legal guarantees.
Legal guarantee of conformity. The Customer has a period of 2 years from the delivery of the goods to take action. They may choose between the repair and the replacement of the goods, subject to the cost conditions provided for by law, and are exempt from proving the existence of the lack of conformity during the 24 months following delivery.
Guarantee against hidden defects. The Customer may also take action under the guarantee against hidden defects within 2 years of discovering the defect, and may then choose between rescinding the sale and a reduction of the price.
These guarantees apply free of charge to the Customer. Any request on this basis must be sent to contact@nuworn.com.
Article 10 — Liability
The Seller is automatically liable for the proper performance of the obligations arising from the contract concluded at a distance, except where the non-performance is attributable to the Customer, to the unforeseeable and insurmountable act of a third party unconnected with the contract, or to a case of force majeure.
The Seller cannot be held liable for improper use or maintenance not in accordance with the instructions on the product's label, nor for temporary interruptions of the Site related to its maintenance or to technical constraints beyond its control.
Article 11 — Intellectual Property
All elements of the Site — the NuWorn brand, logo, texts, visuals, photographs, graphic design, and structure — are protected by intellectual property law and remain the exclusive property of the Seller or its rights holders.
Any reproduction, representation, or exploitation, in whole or in part, without prior written authorization, is prohibited and may constitute an infringement.
Article 12 — Personal Data
The data collected when placing an order is necessary for its processing, delivery, and after-sales service. Its processing is described in the Site's Privacy Policy.
The Customer has a right of access, rectification, erasure, restriction, objection, and portability of their data, which they may exercise at contact@nuworn.com.
Article 13 — Complaints and Mediation
Any complaint must first be addressed to customer service at contact@nuworn.com, which undertakes to respond within 48 business hours and to seek an amicable solution.
If this approach fails, the consumer Customer may use a consumer mediator free of charge with a view to the amicable resolution of the dispute.
The Seller subscribes to the CM2C mediation service (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France — www.cm2c.net. The Customer may refer the matter to the mediator online at www.cm2c.net/declarer-un-litige.php or by post at the above address.
Article 14 — Applicable Law and Jurisdiction
These Terms are governed by French law.
The consumer Customer residing in the European Union retains, in any event, the benefit of the mandatory protective provisions of the law of their country of habitual residence.
In the event of a dispute, the Customer may, at their choice, bring the matter before the court of the place where they resided at the time the contract was concluded or the harmful event occurred, or one of the courts with territorial jurisdiction under the Code of Civil Procedure.
Article 15 — Miscellaneous Provisions
If any of the provisions of these Terms were declared void or unenforceable, the other provisions would retain their full force and effect.
The fact that the Seller does not avail itself of a breach by the Customer of any of its obligations shall not be interpreted as a waiver of the right to avail itself of it subsequently.