Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
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View our Order Processing / Returns and Refunds Policy page
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OVERVIEW
This website is operated by Neoca. Throughout the site, the terms "we", "us" and "our" refer to Neoca. Neoca offers this website, including all information, tools and services available from this site to you, the user.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features or tools which are added to the current store shall also be subject to the General Terms and Conditions of Sale and Use. You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE FOR OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you represent that you are of the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these General Terms and Conditions of Sale and Use will result in an immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience and will not limit or affect these Terms.
ARTICLE 3 - CUSTOMS DUTIES AND IMPORT TAXES
For any delivery outside the European Union, the customer is solely responsible for paying customs duties, import taxes, customs clearance fees, and any other charges imposed by the authorities of the destination country. These costs are not included in the sale price or the shipping costs. By placing an order, the customer acknowledges and accepts this responsibility. If payment of customs duties is refused, resulting in the return of the package, any return and re-shipping costs incurred will be borne by the customer.
ARTICLE 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The content of this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Our product prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 6 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all orders placed at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please refer to the sections regarding the return policy.
ARTICLE 8 – STATUTORY WARRANTIES
STATUTORY WARRANTY OF CONFORMITY
The consumer has a period of two years from the delivery of the good to invoke the statutory warranty of conformity in the event that a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it appeared.
Where the sales contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the scheduled supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The statutory warranty of conformity entails an obligation for the professional, where applicable, to provide any updates necessary to maintain the conformity of the good.
The statutory warranty of conformity entitles the consumer to the repair or replacement of the good within thirty days of their request, free of charge and without significant inconvenience.
If the good is repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty. If the consumer requests repair of the good but the seller insists on replacement, the statutory warranty of conformity is renewed for a period of two years from the date the good is replaced.
The consumer may obtain a reduction in the purchase price while keeping the good, or terminate the contract and receive a full refund upon returning the good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good takes place after a period of thirty days; 3° Repairing or replacing the good causes significant inconvenience to the consumer, particularly where the consumer ultimately bears the costs of taking back or removing the non-conforming good, or bears the installation costs for the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring the good into conformity.
The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify an immediate price reduction or rescission. In such cases, the consumer is not required to request repair or replacement of the good beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the good is unavailable for use pending repair or replacement suspends the remaining warranty period until the restored good is delivered.
The rights mentioned above arise from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who acts in bad faith to obstruct the implementation of the statutory warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
STATUTORY WARRANTY AGAINST HIDDEN DEFECTS
The consumer also benefits from the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect.
This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund upon return of the good. OPPOSITION TO TELEPHONE SOLICITATION
In accordance with Article L. 223-1 of the Consumer Code, if a consumer does not wish to be contacted for telephone sales purposes, they may register free of charge on the telephone solicitation opt-out list via the website www.bloctel.gouv.fr or by mail sent to: Société Worldline - Service Bloctel - CS 61311 - 41013 BLOIS CEDEX.
EU DECLARATION OF CONFORMITY
Our bicycle helmets comply with current European safety standards. EU Declarations of Conformity are available for download:
📄 EU Declaration of Conformity (English)
📄 EU Declaration of Conformity (French)
USER MANUALS
User manuals for our bicycle helmets are available for download:
📖 User manual (English)
📖 User manual (French)
ARTICLE 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services shall also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 10 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
ARTICLE 11 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if—without a request from us—you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are under no obligation (1) to maintain the confidentiality of any comments; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.
ARTICLE 12 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
We may—but have no obligation to—monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these General Terms and Conditions of Sale and Use.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, libelous, offensive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 13 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 14 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 16 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Neoca, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Neoca, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these General Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 18 – SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use is deemed illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use; such severance shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).
ARTICLE 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use). Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 21 – GOVERNING LAW
These General Terms and Conditions of Sale and Use, as well as any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the laws applicable at 5 Allée de la Grande Treille, Bureau 3 - 35000 Rennes, FRANCE.
ARTICLE 22 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 23 – CONTACT INFORMATION
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at contact@neoca.fr.