GENERAL CONDITIONS OF SALE AND USE

1. Preliminary information

a) Legal notices

In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the legal notices required to enable the publisher of this website to be identified will be set out below.

This site is published by SASU NEOTUNING, with a capital of €9,000, registered in the Lyon trade and companies register under number 45306456000015, and whose registered office is located at 54 rue Paul Verlaine, 69100 Villeurbanne. The publisher can be contacted by telephone at +33478038387 or by email at the following address: contact@neotuning.com

Intra-community VAT number: FR10453064560.

The publication director of the site is ELBAZE Benjamin.

The editor is Benjamin ELBAZE.

This site is hosted by the company OVH, whose head office is located at 2 rue Kellermann 59100 Roubaix, reachable by telephone at the following number: 1007.

This website was created using the open-source solution PrestaShop™. The general terms and conditions of sale were generated through CGV-expert.fr .

b) Purpose

This site is freely accessible to all Internet users. It consists of an online product sales site.

c) Acceptance of the general conditions of sale

Subscribing to a contract governed by these general conditions with the publisher of this site implies acceptance by the user of said general conditions of sale. The user thereby acknowledges having fully read them. This acceptance will consist of the user validating these general conditions.

The user acknowledges the evidentiary value of the automatic recording systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

Acceptance of these general conditions assumes that users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

2. Method of order subscription and purchasing process

Products are sold while stocks last. Product availability is indicated on the website, in the description sheet for each item.

In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the ordering process will be described below:

To place an order, the user may select one or more products and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose. By consulting their basket, the user will have the option to check the number and nature of the products they have chosen and will be able to check their unit price as well as the total price of the order. They will have the option to remove one or more products from their basket. This summary will notably indicate to the user whether or not they have the option to exercise their right of withdrawal as well as the deadlines that apply.

If the order is suitable and the user wishes to validate it, they can click on the validation button, and will then access a form in which they can either enter their login ID if they already have one, or register on the site by completing the form presented to them, with their personal information.

Once logged in or after having fully completed the form, the user will be asked to check or modify their delivery and billing details, to read and validate these conditions, to confirm their order and then will be asked to make their payment by being redirected to the secure payment interface.

Once payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.

Likewise and within the same timeframe, the publisher undertakes to send the user an email summarizing the order in order to confirm its processing and to provide them with all the information relating to the order.

3. Product prices, taxes and delivery charges

The prices indicated on the site are in Euros, all taxes included, and excluding delivery charges. Prices are fixed, without discount, reduction, or rebate. These prices may be modified at any time by the publisher; the prices displayed are only valid on the day of the order and do not have effect for the future. The price applicable to the customer is the one in effect at the time of the order.

Delivery costs will, in any event, be indicated to the customer before any payment.

In the event of delivery outside the European Union and to the French Overseas Territories, the user is informed that customs duties and other taxes may be payable. The necessary formalities and payment of said duties and taxes are not the responsibility of the publisher and will in any event be the responsibility of the user. It is therefore the user's responsibility to check all this information as well as the possibilities of importing the product with the competent authorities of the country of delivery, before placing any order on the site.

The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. Risks are transferred to the customer upon delivery of the products.

4. Payment Information

The Internet user can place an order on this site and can pay by bank card or bank transfer.

Payments by bank card are made using secure transactions provided by the service provider: Crédit Mutuel.

In the context of payments by bank card, the publisher of this site does not have access to any data relating to the customer's means of payment.

The delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means. If payment is not received from the customer within eight days of the order, the order will be cancelled and the products put back on sale on the site.

Failure to pay any amount due to the publisher on time will result in the collection of penalties equal to (3) three times the legal interest rate, plus a fixed compensation of 40 euros for recovery costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior formal notice.

5. Delivery or provision

a) Time limit

Orders are delivered by Gefco, GLS, Colissimo, etc., or any carrier designated by the publisher within 3/5 working days for products in stock , and more generally 4 to 6 weeks for products manufactured to order, from the full receipt of the price corresponding to the consideration, by the seller.

Certain products (body kit, fiber elements, etc.) or certain order volumes may nevertheless justify a longer delivery time; this will be expressly mentioned to the user when confirming the order.

(b) Damage and partial loss

In the event of delivery of a package that is clearly and visibly damaged, incomplete or contains damaged items, it is the customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package can be prepared for them and then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer be applicable.

Likewise, the user must refuse any incomplete package or any package containing damaged items. Indeed, in accordance with Article L 133-3 of the French Commercial Code, the receipt of transported items extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following that of this receipt, the recipient has not notified the carrier, by registered letter, of his reasoned protest. Failure to carry out this formality will result in the user not being able to be compensated.

6. Customer service and right of withdrawal

a) Customer service

Customer service for this site is available Monday to Friday from 9 a.m. to 6 p.m. at the following toll-free number: +33478038387, by email at the following address: contact@neotuning.com or by post at the following address: NEOTUNING, 54 rue Paul Verlaine, 69100, Villeurbanne. In the latter two cases, the publisher undertakes to provide a response within two working days.

b) Right of withdrawal and return of products

Consumers have 14 clear days from the date of receipt of the package to request a refund. To exercise this right, they simply need to notify the publisher using the withdrawal form at the end of the general conditions or by an unambiguous declaration.

In the event of withdrawal, the publisher will reimburse the customer for the sums paid, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a delivery method other than the less expensive standard delivery method offered by the publisher) as soon as possible and no later than 14 days from receipt of the product or proof of shipment of the product, whichever date is the first of these events.

The return must be made (at the customer's expense) no later than 14 days from the notification of withdrawal. All returns must be complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale. The customer will only be liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

C) In the event of an order for products whose manufacture is carried out to measure, the Customer may not request the cancellation of his order in accordance with article L221-28 3° of the Consumer Code which excludes the possibility for the Customer to exercise his right of withdrawal. (product specified " Made to order " on the product sheet)

7. Warranty for products purchased on this site

In the event of a defect in a product purchased on this site, the user has, in accordance with the provisions of the Civil Code regarding the legal guarantee of hidden defects, a period of two years from the discovery of said defect to request the exchange or reimbursement of the product, and, in application of Article L211-5 of the Consumer Code, he will have a period of two years from receipt of said product to request its repair or reimbursement, in the event that the delivered good is not compliant, within the meaning given to this word by the aforementioned article. In order to exercise one of these rights, it will be up to the customer to contact the publisher's customer service.

Certain items purchased on this site benefit, in addition to the guarantee of hidden defects defined by the Civil Code as well as the guarantee of good conformity imposed by Article L211-5 of the Consumer Code which are, where applicable, always applicable to them and which are defined above, from a conventional guarantee offered by the seller or the manufacturer, the duration of which may vary depending on the product, and which will be detailed in particular on the product's descriptive sheet and instructions for use. Any commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

8. Provisions specific to the nature of certain products

All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force in France. The mandatory displays required by the legislative and regulatory provisions in force are made on this site, and in particular in the description sheet of each item.

a) Spare parts for vehicles

It is possible that some parts offered on this site are not approved for road use. In this case, this will be expressly mentioned, in very visible characters, in the description of the part, as well as in the order summary (basket) and during its validation. In such a case, the user acknowledges that it is prohibited to mount the part on a two or four wheeler in order to drive it on public roads. Similarly, the user acknowledges that in such a case, his insurance may not offer him all the guarantees to which he would have subscribed.

The user releases the publisher of this site from any liability in this matter, particularly in the event of the use of non-approved parts on public roads, and expressly acknowledges that he/she has become aware of this non-approved nature.

Furthermore, the publisher only guarantees the approval of the products sold on this site if the products have been mounted according to the manufacturer's specifications, on two or four wheels for which they were designed and provided that the products have not been modified, transformed or damaged. This guarantee of approval will in no case be extended to the two or four wheels on which the products have been mounted.

As soon as a two-wheeler or four-wheeler is equipped with products and accessories sold on this site and is no longer approved, its use will then be reserved for use on private roads.

The publisher does not guarantee that the installation of parts and products sold on this site, even if they are approved and even if they are mounted on a two or four-wheeler that is itself approved, would not be likely to cause the purchaser to lose the benefit of the manufacturer's warranty on the two or four-wheeler on which they were mounted. It is the user's responsibility to inquire about the maintenance of their warranty in such a case.

9. User space

a) Creation

Creating a user account is a prerequisite for any user order. To this end, the user will be asked to provide certain personal information. The user agrees to provide accurate information, failing which the contract will be terminated at the publisher's initiative and the user account will be deleted.

Certain information will be deemed essential for the conclusion of the contract and its collection will be essential for the creation of the account and the validation of the conclusion of the contract. Refusal by a user to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the order.

b) Operation

This space allows the user to view all of their orders placed on the site, and also allows them, where applicable, to track the delivery of the products purchased.

If the data contained in the user account were to disappear as a result of an unforeseeable event, a technical breakdown or a case of force majeure, the publisher of this site cannot be held liable, as this information has no probative value but is only informative. The publisher, however, undertakes to securely store all contractual elements whose retention is required by law or regulations in force.

The publisher reserves the exclusive right to delete the account of any user who has violated these general conditions (including, but not limited to, when the user knowingly provides incorrect information when registering and creating their account) or any account that has been inactive for at least one year. Said deletion will not constitute damages for the excluded user who will not be able to claim any compensation for this reason.

This exclusion does not exclude the possibility for the publisher to take legal action against the user, when the facts justify it.

c) Password

When creating a user account, the user will be asked to choose a password. This password guarantees the confidentiality of the information contained in their account, and they are therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

10. Disclaimer of Publisher's Liability

a) Accessibility to the site and force majeure

In the event of inability to access the site, due to technical problems or any other nature, the user will not be able to claim damages and will not be able to claim any compensation.

The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for the user and cannot in any way give rise to the granting of damages by the site or its publisher.

The publisher may not under any circumstances be held liable for non-performance of the contract which may be attributable to a case of force majeure, as defined by the French courts.

b) Visual representation of the products

The visual representations of the products published on this site are guaranteed by the publisher to be perfectly faithful to reality, in order to meet its obligation to provide perfect information. However, given the current state of technology, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. These variations and differences may in no case be attributed to the publisher, who may in no case be held liable for this.

c) Products sold on the site

The publisher undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.

The publisher of this site cannot be held responsible in any way for the misuse of the products, poor maintenance of the products, accidental damage or even abusive use of the products.

Since the products offered for sale on the site are sold uninstalled, the user declares that they are responsible for the installation of the products, which they must carry out in accordance with the rules of the art and in accordance with the instructions for use.

d) Hypertext links

The hyperlinks on this site may lead to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current legislation. Similarly, the publisher of this site cannot be held liable if the user's visit to one of these sites causes harm.

11. Newsletter from the publisher and its partners

By checking the box provided for this purpose or by expressly giving their consent to this purpose, the user accepts that the publisher may send them, at a frequency and in a form that it will determine, a newsletter (information letter) which may contain information relating to its activity. When the user checks the box provided for this purpose, they agree to receive commercial offers from the publisher of this site for products and services similar to those ordered.

Subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters).

Similarly, the user who has accepted the communication of personal data (and in particular his email address) to third-party partners of this site by checking the box provided for this purpose, may be required to receive newsletters (information letters) issued by these partners, for commercial or non-commercial purposes, at the frequencies and in the forms determined by said partners.

The user has the option to unsubscribe at any time by clicking on the link provided for this purpose, present in each of the newsletters (information letters) issued by said partners. Otherwise, the user has the possibility to unsubscribe by contacting the sender(s) of said newsletters (information letters) directly. The publisher of this website cannot under any circumstances be held responsible for the content, data or forms of the newsletters (information letters) sent by said partners, regardless of the damage suffered by the user. Any complaint must be made directly to the sender of the newsletter (information letter).

12. Information relating to the Data Protection Act

a) Generalities – Purpose – Duration

The user is free to provide personal information about themselves. Providing personal information is not essential for browsing the site. However, registering on this site requires the publisher to collect a certain amount of personal information about the user. Users who do not wish to provide the information necessary to create a user account will not be able to place an order on this site.

The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher to fulfill its contractual obligations. This data is kept by the publisher in this sole capacity, and the publisher undertakes not to use it in any other context, nor to transmit it to third parties, without the express consent of users or cases provided for by law.

The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. This data is stored in secure conditions, using current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.

b) Right of access, rectification and opposition

In accordance with the French Data Protection Act, the user has the right to oppose, query, access, and rectify the data he or she has provided. To do so, simply submit a request to the publisher of this site by sending it to the following email address: contact@neotuning.com, or by post to the publisher's head office address mentioned at the top of these general terms and conditions.

The personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.

The data controller is ELBAZE Benjamin.

CNIL reporting number: 1826367 v 0

c) IP address

In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as personal information and will only be intended to allow proper administration of the services offered on this site. The IP address corresponds to a series of numbers separated by periods allowing the unique identification of a computer on the Internet network.

The publisher must communicate all personal data relating to a user to the Police (upon judicial requisition) or to any person (upon court order). The IP address of any computer may be subject to reconciliation with the actual identity of the subscriber held by the ISP (internet service provider).

13. Information relating to the collection of “cookies”

a) Generalities – Purpose – Duration

In order to allow the user to navigate optimally on this site as well as to improve the functioning of the various interfaces and applications, the publisher may install a cookie on his computer. This cookie stores information relating to navigation on the site (date, page, times), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit by the user to this site.

b) Right to object to the installation of cookies

The user has the option to block, modify the storage period, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, browsing this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents them from using certain services or features provided by the publisher, this malfunction cannot under any circumstances constitute damage for the user who will not be able to claim any compensation for this reason.

c) Deletion of cookies

The user also has the option to delete cookies previously present on their computer by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect their navigation on this site, but causes the user to lose all the benefit provided by the cookie. In this case, they will have to enter all their information again.

14. Intellectual property on the elements of the site

All elements constituting this site belong to the publisher or are subject to an operating authorization and are protected by legislation relating to intellectual property.

The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even modified, may give rise to legal proceedings brought against him by the publisher or its beneficiaries.

This protection will cover all textual and graphic content of the site, but also its structure, its name and its graphic charter.

Likewise, the user acknowledges being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal action for economic parasitism.

15. General provisions and applicable law

a) Modification of the general conditions

These general terms and conditions may be modified at any time by the site publisher or its agent. The general terms and conditions applicable to the user are those in effect on the day of the order. The publisher naturally undertakes to retain all of its previous general terms and conditions and to send them to any user who requests them.

b) Applicable law and competent jurisdictions

These general terms and conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French; any version available in a foreign language on the site is for informational purposes only. Similarly, this site may be translated into various languages to facilitate navigation for non-French-speaking users who wish to order from the site.

IN THE EVENT OF A DISPUTE WITH A CUSTOMER HAVING THE STATUS OF A MERCHANT, WITHIN THE SENSE GIVEN TO IT BY THE COURTS OF FRENCH LAW, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN THE JURISDICTION OF WHICH THE PUBLISHER IS ESTABLISHED.

c) Amicable settlement of disputes

Except for provisions of public policy, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal action.

(d) Divisibility

If one of the clauses of these general conditions were to be declared null and void by a court decision, this nullity would not entail the nullity of all the other clauses, which would continue to produce their effect.

e) Non-waiver

The fact that the parties do not avail themselves temporarily or permanently of one or more clauses of these general conditions shall in no case constitute a waiver of the right to avail themselves of the rest of the general conditions.

If a consumer wishes to cancel his order, he can use the form below.

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ORDER CANCELLATION
Consumer Code art. L. 121-17

Terms :

- Complete and sign the form
- use the address on the back
- send it no later than the fourteenth day from the day of receipt of the package or acceptance of the offer for service provision contracts, if this period normally expires on a Saturday, Sunday or a public holiday or non-working day, the first following working day

I, the undersigned, declare that I cancel the following order:

∗ Nature of the goods or service ordered: ........................................................

∗ Date of order: ..........................................................

∗ Customer name: ............................................................

∗ Customer address: ............................................................

CUSTOMER SIGNATURE:

NAME :

ADDRESS :

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