General Terms and Conditions of Sale
BEST OF BOTH WORLDS Private limited company (SARL) with a share capital of €5,000 Registered with the Melun Trade and Companies Register (RCS) under SIRET number 844112516 Registered office: 621 avenue Blaise Pascal, 77550 Moissy-Cramayel, France
Tel: 01.83.62.21.42
1. Seller Identification
This website is accessible at am.newcrackera.store. It is published by Shopify am.newcrackera.store.
The BEST OF BOTH WORLDS customer service team can be reached at the contact details listed above.
2. General Provisions Relating to the Terms and Conditions of Sale (hereinafter "T&Cs")
2.1 Purpose of the T&Cs
These T&Cs apply exclusively to the online sale of products by BEST OF BOTH WORLDS (SARL) through its sole online store at am.newcrackera.store. They are written in French, and in the event of any doubt regarding the interpretation of a translation, the original French version shall prevail.
Together with the order form validated by the consumer, these T&Cs constitute the contractual documents binding on both parties.
2.2 Scope of Application
These T&Cs govern exclusively the online sale contracts for products of BEST OF BOTH WORLDS (SARL) (hereinafter "the Seller") to buyers acting as consumers (hereinafter "consumers"). Together with the order confirmation email, they constitute the sole contractual document. Under no circumstances may they prevent the consumer from exercising their right of withdrawal.
2.3 Availability and Enforceability
The T&Cs are made available to consumers on the website am.newcrackera.store.
By confirming payment, the consumer acknowledges having accepted the T&Cs in full and without reservation.
Order confirmation constitutes the buyer's acceptance of the T&Cs in force at the time of the order. The Seller ensures the storage and reproduction of the T&Cs in accordance with Article 1127-1 of the French Civil Code.
2.4 Amendments
The Seller reserves the right to amend these T&Cs at any time, in whole or in part, without notice and without any obligation to compensate the consumer.
In the event of any amendment, the applicable T&Cs are those in force at the time the order is placed.
2.5 Severability
If any clause of these T&Cs is found to be invalid, this shall not affect the validity of the T&Cs as a whole — only the clause in question shall be deemed unwritten and of no effect.
The temporary or permanent non-application of one or more provisions by the Seller shall not constitute a waiver of the remaining clauses, which shall continue to have full effect.
3. Products
3.1 Characteristics
Consumers wishing to obtain additional information about a product may do so by contacting the Seller's customer service team.
Each product offered for sale on the website includes a description stating its essential characteristics, in accordance with Article L.111-1 of the French Consumer Code.
A consumer who places an order in the absence of certain product information is deemed to accept the product in its actual condition as delivered.
Differences may exist — including but not limited to — actual colour, apparent material, and finishing details (fastenings, buttons, stitching, etc.). The consumer may not invoke minor variations as grounds for a refund or exchange.
Product information is provided subject to typographical errors.
3.2 Compliance
Products comply with applicable French regulations in force regarding personal health and safety, fair commercial practices, and consumer protection at the time of their release to market.
4. Pricing
4.1 Sale Prices
Prices are listed for each product available on am.newcrackera.store, in euros, inclusive of all applicable taxes, and exclusive of delivery, shipping and/or handling fees. Any such additional charges are indicated prior to order confirmation and invoiced separately.
The total amount payable by the consumer is shown on the order confirmation page.
4.2 Price Changes
The Seller reserves the right to modify its prices at any time, without notice, whether upward or downward.
In the event of a price change after an order has been placed, the applicable price is that in force at the time the order was placed.
5. Offers
Online sales offers are available to all consumers located in mainland France and Corsica.
Online sales offers are valid while stocks last (unless a specific duration is stated).
Acceptance of an offer by the consumer follows a double-click process: the consumer first clicks to validate their shopping cart, then is invited to click a second time to confirm the order summary. This second click grants access to the secure payment page.
6. Orders
6.1 Steps for Completing an Online Purchase
To place an order, the consumer fills their virtual shopping cart with the items they wish to purchase. They select the desired product, specify size and colour where applicable, choose the quantity, and click "Add to cart."
The consumer is then directed to a summary page where they can review, correct or modify their order.
Once the selection is confirmed, the consumer clicks "Confirm order." This second click constitutes full and unconditional acceptance of the T&Cs and forms the contract.
An order confirmation email is then sent to the consumer as soon as possible.
It is the consumer's responsibility to provide accurate and complete information when placing an order — including their contact email address, full delivery address, name, surname, and phone number — to enable the Seller and carrier to fulfil their obligations under the best possible conditions.
The Seller accepts no liability for errors, partial or incomplete entries by the consumer, without prejudice to the consumer's statutory rights regarding hidden defects or commercial guarantees.
6.2 Order Modifications
Any modification requested by the consumer after order confirmation is subject to the Seller's acceptance and product availability.
Modification requests can only be considered before the order has been prepared. The preparation period is generally 24 (twenty-four) hours, though it may be shorter, and no guarantee can be given regarding this timeframe.
The Seller is not obliged to consider late modification requests (received after order preparation).
6.3 Order Validation
The Seller reserves the right to refuse any order for legitimate reasons.
The Seller reserves the right to refuse any order from a consumer with whom an unresolved dispute is ongoing.
In the event of refusal, the consumer will be fully refunded within a reasonable period, and in any case within 30 (thirty) days.
6.4 Product Unavailability
If one or more products in an order become unavailable, the Seller will inform the consumer within a reasonable timeframe and offer a product of equivalent quality and price. If the consumer wishes, they may receive a refund or a store credit.
7. Contract
7.1 Formation
The sales contract is formed upon the consumer's second click confirming their order.
7.2 Termination
The contract may be terminated by the Seller in the following cases:
- Refusal by the consumer to accept delivery of ordered products;
- Return to sender due to inaccurate delivery information provided;
- Non-payment (without prejudice to any legal action against the consumer).
In all cases listed above, other than the statutory right of withdrawal, any deposits paid remain with the Seller as compensation.
8. Right of Withdrawal
From the date of receipt of the products, the consumer has a statutory 14 (fourteen) day right of withdrawal, without needing to provide a reason or pay any penalty.
Return shipping costs are the consumer's responsibility.
To exercise this right, the consumer must complete and send the withdrawal form at the end of these T&Cs to the customer service team.
Following this request, the consumer will be assigned a return number.
The consumer must return the products without undue delay, ideally including the return number to facilitate processing, to:
BEST OF BOTH WORLDS / ETO 621 Avenue Blaise Pascal 77550 Moissy-Cramayel
The consumer will be refunded within 14 (fourteen) days of the Seller receiving the products, provided they are returned in their original packaging, complete, in perfect condition, with their label, unworn, unwashed, accompanied by the original invoice and return slip. Any return that fails to meet these criteria will not be accepted and the product will be returned to the consumer.
The consumer bears all risks associated with returning a product and must take all necessary measures to ensure its safe return (packaging, protection). In the event of delivery without a signature that is not received by the Seller, it is the consumer's responsibility to provide proof of receipt.
Without such proof, no refund can be issued. No refund will be made if the returned product has not been received by the Seller.
We therefore strongly recommend that all consumers wishing to make a return use registered mail with declared value, insurance, and signature upon delivery.
Proof of delivery is confirmed by the stamp of BEST OF BOTH WORLDS on the registered mail receipt or by the signature of the returns manager.
8.1 Mediation
In accordance with Article L. 612-1 of the French Consumer Code, within one year of their written complaint, the consumer may — subject to Article L.152-2 of the Consumer Code — submit a request for an amicable resolution through mediation with:
SAS Médiation Solution 222 chemin de la bergerie, 01800 Saint Jean de Niost Website: https://www.sasmediationsolution-conso.fr Email: contact@sasmediationsolution-conso.fr
9. Payment
Payment in full is due upon order confirmation.
Payment is processed through an independent secure platform.
The consumer's banking details are not accessible to the Seller and do not pass through any of its servers. Only trusted third parties responsible for encryption process this information digitally to ensure full transaction security and optimal protection of banking data.
The provisions of Article 1359 of the French Civil Code do not apply to distance sales contracts.
BEST OF BOTH WORLDS accepts CB network cards, Visa, and Eurocard/Mastercard issued on bank accounts held within the European Union. The consumer's bank card will be charged upon order confirmation. The consumer warrants that they are the cardholder and that their name appears on the card. The consumer must provide the sixteen-digit card number and expiry date shown on the front of their card, as well as the visual cryptogram shown on the back, where applicable.
10. Delivery
The Seller undertakes to hand over products to its carrier within 7 (seven) business days (excluding pre-orders) of receiving full payment. This period is extended to 10 (ten) business days during the following periods: winter and summer sales, flash sales, private sales, and the end-of-year holiday period (1 December to 10 January).
Delivery delays shall not give rise to any claim for compensation against the Seller where the delay is attributable to the consumer, to the unforeseeable and unavoidable act of a third party, or to force majeure.
Products are delivered to the address provided by the consumer on the order form.
A consumer who accepts a product without reservations to the carrier accepts it as is and forfeits any right to claim regarding delivery.
In the event of damage or partial loss, the consumer must note reservations on the delivery slip upon receipt — a copy of which is sent to the Seller — and notify the carrier by recorded delivery within 3 (three) days of receipt.
If the product does not match the order, the consumer must contact the customer service team to arrange a replacement or, where applicable, cancellation of the sale.
11. Warranties
All products supplied by the Seller benefit from the statutory warranty of conformity set out in Articles L. 217-1 to L. 217-14 of the French Consumer Code, and the statutory warranty against hidden defects set out in Articles 1641 to 1649 of the French Civil Code.
Under these warranties, the Seller undertakes, at the consumer's discretion, to refund or exchange any defective products or products that do not match the order.
All warranty claims must be sent by recorded delivery with acknowledgement of receipt to:
BEST OF BOTH WORLDS / ETO 621 avenue Blaise Pascal 77550 Moissy-Cramayel
Products covered by warranties must be returned new, complete, and in their original condition and packaging following receipt and confirmation of the claim by ETO's customer service team. The consumer will be reimbursed for return postage costs no later than thirty days after the Seller receives the product.
12. Liability
12.1 Transfer of Ownership and Risk
Ownership of ETO products transfers to the consumer only upon full payment of the purchase price.
The transfer of risk to the consumer occurs upon delivery — i.e. when ETO products are handed over at the delivery address provided by the consumer.
12.2 Limitation of Liability
The Seller shall not be held liable for non-performance or improper performance of the contract where this is attributable to the consumer, to the unforeseeable and unavoidable act of a third party, or to force majeure.
Proof of the Seller's obligation is provided by producing the parcel deposit receipt from the carrier.
12.3 Defective Products
In the event of damage caused by a defective product, the consumer must seek the liability of the manufacturer, identifiable from the information shown on the product packaging.
13. Termination Clause
Termination of an order under these T&Cs shall be communicated by recorded delivery with acknowledgement of receipt and shall take effect automatically without the need for legal proceedings.
14. Intellectual Property
All elements reproduced on this website, which are the exclusive property of the publisher, are protected by copyright, trademark, and patent law. All texts and images on the Seller's online store are reserved worldwide under copyright and intellectual property law; any reproduction, even partial, is strictly prohibited. This includes these Terms and Conditions of Sale.
Any reproduction or distribution of these elements without the prior written authorisation of the publisher may result in legal proceedings for infringement.
15. Dispute Resolution
All complaints must be addressed to:
BEST OF BOTH WORLDS / ETO 621 avenue Blaise Pascal 77550 Moissy-Cramayel
In the event of a dispute between the Seller and the consumer, the consumer may initiate a conciliation procedure directly with the Seller in order to reach a resolution without the involvement of a third party.
16. Jurisdiction
For any dispute relating to an order placed on am.newcrackera.store or to these T&Cs, the competent court shall be that of the Seller's registered address.
17. Governing Law
The parties agree to attempt mediation before resorting to legal proceedings.
These T&Cs are governed by French law.
