General terms and conditions of sale
New Equilibre
1. Identity and contact
These General Terms and Conditions of Sale (hereinafter «GTC») apply to sales concluded via the website newequilibre.com, published by:
New Balance, SARL Forlini Orthopédie
Siret: 835 161 613 000 20
RSC Avignon B 835 161 613
Headquarters: Medical Center, 63 Place des Maraichers, 84210 Pernes-Les-Fontaines, France
Share capital: €2,000.00
[email protected]
2. Scope of application – acceptance
These GTC apply to any order placed by a consumer on the site newequilibre.com.
By validating an order, the customer acknowledges having read and accepted these terms and conditions without reservation.
New Equilibre reserves the right to modify its General Terms and Conditions at any time. The applicable General Terms and Conditions are those in effect on the day of the order.
3. New Balance Products
The products offered for sale are high-end ready-to-wear orthopedic insoles designed to improve foot comfort and support.
Each product sheet presents the essential features: descriptions, sizes, images, usage tips.
Minor variations in color, material, or finish may exist between the online visuals and the actual product, without affecting its conformity.
Our insoles are not a custom medical device. In case of persistent pain or a specific pathology, the client is invited to consult a healthcare professional.
All our products comply with applicable European regulations.
4. Order – acceptance
The customer can place an order directly on the newequilibre.com website by selecting the desired product(s) and then following the online ordering process.
Before final order confirmation, the customer has the option to review the details of their shopping cart, correct any errors, and confirm their acceptance of these General Terms and Conditions of Sale.
The order will only be considered firm and final after: payment validation by the banking institution, and New Equilibre sending an order confirmation email.
This confirmation email attests that the order has been successfully registered. However, the sale will only be definitively formed upon the sending of a shipping confirmation email, which constitutes formal acceptance of the order by New Equilibre.
New Equilibre reserves the right to refuse any order in case of prior dispute with the customer, total or partial non-payment, or suspicion of fraud.
5. Price and Payment Terms
Product prices are shown in euros, including all taxes (VAT), excluding any delivery costs.
The applicable delivery fees are specified to the customer during the ordering process and are added to the price of the selected products, except for specific promotional offers (e.g., free delivery in mainland France).
New Equilibre reserves the right to change its prices at any time, but products will be billed at the rates in effect at the time the order is registered.
The products remain the property of New Équilibre until full payment of the price by the customer.
Purchases are paid for online, at the time of ordering, using one of the payment methods offered on the site:
Credit Card (Visa, Mastercard, etc.) / PayPal / Google Pay / Apple Pay
The transaction is immediately debited at the time of the order.
In case of payment authorization refusal by the banking institution, the order is automatically canceled and the customer is informed.
6. Delivery – Transfer of Ownership and Risk
6.1 Delivery Terms
Products are delivered to the address indicated by the customer when placing the order. Delivery options, associated costs, and estimated delivery times are specified on the «Delivery» page of the newequilibre.com website and summarized before the final validation of the order.
Delivery is free within mainland France for standard shipments. For express or international deliveries, costs are calculated and communicated before order confirmation.
6.2 Deadlines
The delivery times indicated at the time of order are average times observed and may vary depending on the destination, the time of year, or constraints related to the carrier.
In case of significant delivery delay, the customer may contact customer service to obtain information and, if applicable, a refund of paid shipping fees in accordance with regulations.
6.3 Reception
Upon receipt of the package, it is the customer's responsibility to verify the condition of the product and to issue any justified reservations to the carrier and New Equilibre as soon as possible.
6.4 Transfer of Ownership and Risks
The transfer of ownership of the products occurs after full payment of the price by the customer.
The transfer of risks (loss, damage) occurs at the moment the customer, or any person designated by them, takes physical possession of the product.
From the delivery entrusted to a carrier chosen directly by the customer, the transfer of risks occurs upon handing over the package to the carrier.
7. Right of withdrawal / returns and refunds
7.1 Legal Right of Withdrawal
In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the customer has a legal period of 14 days from receipt of the product to exercise their right of withdrawal, without having to provide any reason or pay any penalties.
7.2 Return Conditions
To be eligible for a return, the product must be in its new condition, or if it has been worn, show normal signs of use.,
and be returned in its original packaging, along with any accessories.
If the insoles show signs of abnormal wear and tear due to improper use or maintenance, this may result in the refusal of reimbursement.
Any return that does not comply with these conditions may be refused or may result in a deduction from the refund.
7.3 Return Procedure
The client must submit their request via the dedicated form available on the website.
A prepaid return label will be sent by email (metropolitan France only).
The customer has 7 days after receiving this label to ship their package.
Return shipping is free for mainland France. For all other destinations, return shipping costs are the customer's responsibility.
7.4 Refunds and exchanges
Upon receipt and validation of the returned product, New Equilibre will proceed with either a refund, issued to the payment method used for the order within a maximum of 10 business days, or the shipment of a replacement product in case of an exchange. The first exchange is free of charge.
The initial shipping costs (if a paid option was chosen) are not refundable, unless the order was delivered late compared to the announced delivery time or in case of an error attributable to New Equilibre.
7.5 Promotions and discounts
In case of partial returns from an order that benefited from a discount or conditional promotion (e.g., buy two or more items), the discount may be recalculated if the offer conditions are no longer met.
8. Exchanges
In addition to the right of withdrawal and the possibility of a refund, New Equilibre offers its customers the option to make an exchange.
8.1 Exchange Conditions
Exchanges are possible within 14 days of receiving the product, provided that it is: in perfect condition, with no signs of wear, and returned in its original packaging with all its accessories.
8.2 Exchange Fees
The first exchange is free in mainland France.
Beyond that, or for any international request, the return shipping costs are the responsibility of the customer.
8.3 Exchange Procedure
The client makes their request via the dedicated form available on the website.
After validation, a return label will be sent by email (Metropolitan France only).
The replacement product will be shipped after the returned product has been received and inspected.
8.4 Price Difference
If the new product chosen is of a higher value, the customer will have to pay the difference before shipping.
If the product is of a lesser value, New Equilibre will refund the difference to the original payment method.
9. Legal Warranties and Liability
9.1 Legal Warranties
All products sold by New Equilibre benefit from the legal guarantees provided by law:
Legal guarantee of conformity (Articles L.217-3 to L.217-20 of the Consumer Code):
The seller is required to deliver goods that conform to the contract and is liable for any defects in conformity that exist at the time of delivery. This warranty applies for a period of 2 years from the delivery of the goods.
Warranty of latent defects (articles 1641 to 1649 of the Civil Code):
The seller is liable for hidden defects of the thing sold that render it unfit for the use for which it is intended, or that diminish that use so much that the buyer would not have acquired it, or would have given only a lesser price for it. This action must be brought within 2 months of the discovery of the defect.
Within the scope of these guarantees, the customer may choose between repair, replacement, or refund of the product, in accordance with legal provisions.
9.2 Limitation of Liability
New Equilibre cannot be held liable in the following cases: use of products contrary to their intended purpose or to the recommended usage instructions, normal wear and tear of the product, damage resulting from negligence, improper maintenance, unsuitable use, or modification of the product by the customer.
Our ready-to-wear orthopedic insoles are designed to improve everyday comfort and support. They are not a custom medical device.
In case of persistent pain or a specific pathology, we recommend consulting a healthcare professional.
9.3 Exemption in case of force majeure
New Equilibre shall not be held liable for failure to comply with its contractual obligations in the event of a force majeure event as defined by law and case law.
10. Force Majeure Events
Neither party shall be held liable for a breach of its contractual obligations if such breach results from an event of force majeure, as defined by Article 1218 of the Civil Code and French case law.
Cases of force majeure include (but are not limited to): total or partial strikes, lockouts, riots, acts of terrorism, war, natural disasters, fires, floods, interruptions or failures of telecommunications or transport networks, raw material shortages, unforeseen governmental or regulatory decisions.
The party experiencing the event shall inform the other party as soon as possible of its inability to fulfill its obligation. Should a force majeure event persist for more than 30 consecutive days, each party may terminate the current order by right, without any compensation to either party.
11. Personal Data / Privacy Protection
11.1 Collection and Use
As part of its activities, New Equilibre collects and processes personal data necessary for order processing, customer relationship management, sending commercial information (if the customer has consented), and improving the user experience.
The data that may be collected includes: name, surname, postal address, email address, phone number, and order history.
11.2 Legal Basis and Retention Period
These treatments are based on: the execution of the sales contract (order and delivery), compliance with legal obligations (billing, accounting), the legitimate interest of New Equilibre (fraud prevention, statistics), customer consent (newsletter subscription).
The data is kept for the duration necessary for the purposes for which it is collected, plus the applicable statutory limitation periods.
11.3 Customer Rights
In accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act, the client has the following rights: right of access, right to rectification, right to erasure, right to object and restrict processing, and right to data portability.
These rights can be exercised at any time by sending a request to: [email protected]
11.4 Data Sharing
Personal data may be transmitted to service providers involved in order processing (carriers, payment providers, customer service), to the extent strictly necessary for their tasks.
11.5 Security
New Equilibre implements all appropriate technical and organizational measures to ensure the security and confidentiality of personal data collected.
12. Intellectual Property
All elements present on the site newequilibre.com, whether visual or auditory, including the structure, design, texts, logos, photographs, videos, graphics, icons, as well as the underlying technology, are protected by copyright, trademark law, and/or other intellectual property rights.
They are the exclusive property of New Equilibre or its partners who have authorized their use.
Any reproduction, representation, use, dissemination, publication, or adaptation, in whole or in part, of the content of the site, on any media whatsoever and by any means whatsoever, without the prior written authorization of New Equilibre, is strictly prohibited and constitutes an infringement punishable by the Intellectual Property Code.
The customer agrees not to infringe in any way on New Equilibre's intellectual property rights and to use the site's content only for strictly personal and private use, related to the purchase of products on the site.
13. Disputes – Governing Law – Mediation
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
In case of a dispute, the client is invited to first contact New Equilibre's customer service to seek an amicable solution: [email protected]
In accordance with Articles L.612-1 et seq. of the French Consumer Code, the customer has the option to use a consumer mediation service free of charge to amicably resolve any dispute with New Equilibre.
The competent mediator is:
FEVAD Mediator
Federation of e-commerce and distance selling
60 La Boétie Street, 75008 Paris
Email: [email protected]
Phone: 01 42 56 38 86
In the absence of an amicable agreement or recourse to mediation, any dispute shall be submitted to the competent courts in accordance with common law.
14. Miscellaneous
4.1 Partial invalidity
If one or more provisions of these General Terms and Conditions of Sale are found to be invalid, illegal, or declared as such by law, regulation, or a final decision of a competent court, the remaining provisions shall remain in full force and effect.
14.2 Entire Agreement
These T&Cs and the order summary sent to the customer form the entire contract between New Equilibre and the customer. They take precedence over any other prior document or exchange, except with the express written agreement of New Equilibre.
14.3 Changes to the General Terms and Conditions
New Equilibre reserves the right to modify these GTC at any time.
The new General Terms and Conditions of Sale will apply to any order placed after they go live. The terms and conditions in effect on the day of the order will remain those applicable to the customer.
14.4 Electronic Acceptance
The client's validation of their order online constitutes full and complete acceptance of these General Terms and Conditions. This acceptance is not subject to a handwritten signature.