Terms and conditions


ARTICLE 1 – Designation of the Service Provider

The identification of the Service Provider is as follows:

-       Corporate name : NEO WORKSHOP,

-       Legal form : EURL,

-       Registered office : 57 Bis rue Victor Hugo, 85360 La Tranche sur mer

-       
Registration number : 884 353 103 R.C.S. La Roche sur Yon

-       Email adress : contact@neoworkshop.fr

-       Phone number : 02 52 72 00 21


ARTICLE 2 – Scope of Application

These General Terms and Conditions of Sale apply, sans restriction ni réserve, without restriction or reservation, to any purchase of neoprene suit repair services and neoprene accessories (the 'Services') offered by the company NEO WORKSHOP (the 'Service Provider') to buyers having the status of consumers (les « Clients » ou le « Client ») sur son site Internet www.reparetacombi.com (le « Site »).

The main features of the Services are presented on the Site. However, it is possible that errors may appear on the Site, which the Client acknowledges and accepts."

The Client is required to read the General Terms and Conditions of Sale before placing any order. The selection and order of a Service are the sole responsibility of the Client.

The General Terms and Conditions of Sale are systematically communicated to every Client prior to the conclusion of the contract for the provision of Services and will prevail, if applicable, over any other version or conflicting document. 

The General Terms and Conditions of Sale may be supplemented by Special Terms and Conditions of Sale, stated on the Site, before any transaction with the Client. The Special Terms and Conditions of Sale prevail over the General Terms and Conditions of Sale.

Unless proven otherwise, the data recorded in the computer system of the Service Provider constitutes proof of all transactions concluded with the Client.

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Client has, at any time, the right to access, rectify, oppose, delete, and port the entirety of their personal data by writing, by mail and justifying their identity, to the address of the Service Provider indicated in Article 1.

The Client declares to have read these General Terms and Conditions of Sale and accepted them by checking the box provided for this purpose before implementing the online ordering procedure.

The validation of the order of Services by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.Le Client reconnaît avoir la capacité requise pour contracter et acquérir les Services proposés sur le Site.

The Client acknowledges having the required capacity to contract and acquire the Services offered on the Site.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in force on the website at the date of placing the order, of which a copy can be provided to the Client upon request..

 

ARTICLE 3 – Orders

3.1 Orders – Process

 

The client selects on the site the services they wish to order, following the successive steps proposed to them.".


When the selection of services is completed, they can then be transferred to the client's basket by clicking on the 'I validate my choice' button. The client can then either add additional services to their basket or finalize their order by clicking on the 'Basket' button located in the upper right corner of the page.


Next, the client chooses:

The method of shipping and reshipping items to Neo Workshop (Répare ta combi) involves entering one's delivery address and contact details.

The next page allows the client to enter their payment information and review the details of their order and its total price.

The client has the option to return to the previous process and modify their order..

Then, the client will have the option to confirm their order by clicking on the 'Pay Now' button, provided that they have previously (i) accepted these General Terms and Conditions of Sale by checking the designated box and (ii) given their agreement and expressly waived their right of withdrawal. The recording of an order on the "Website" is completed when the customer has validated their order.



The archiving of communications, purchase orders, and invoices is carried out on a reliable and durable medium in order to create a faithful and lasting copy. These communications, purchase orders, and invoices can be produced as evidence of the contract.

The order for services will only be considered final after the Service Provider has sent the client confirmation of the acceptance of the order in French, by email, and after the Service Provider has collected the full price..

It is the responsibility of the client to verify the accuracy of the order and to immediately report any errors to the service provider.

Once confirmed and accepted by the Service Provider, under the conditions described above, the order cannot be modified by the client.

Any order placed on the Site constitutes the formation of a distance contract between the Client and the Service Provider.

Subsequent to the email confirming the acceptance of the order, a second email will be sent by the Service Provider to provide the Client with a prepaid postal label ('Outward' for shipment) to be affixed by the Client to their package. The 'Return' label (for the return shipment) will be generated by the Service Provider during the return shipment of the package.

3.2 Refusal to Process an Order

Despite the Service Provider's best efforts to meet the expectations of its clients, it may be necessary to refuse to process an order after sending the client the confirmation email summarizing the order.

The Service Provider reserves the right to cancel or refuse any order from a client with whom there is a dispute regarding the payment of a previous order or an objectively suspected case of fraud.

The Service Provider cannot be held responsible towards the Client or a third party for the damaging consequences of refusing to process an order after sending the confirmation email summarizing the order.

After receiving the items, the Service Provider reserves the right to refuse to perform the services on any item that may not withstand the services or for any other reason at its discretion (severely degraded and irreparable item, etc.). In such a case, the Service Provider will proceed with refunding the client for the services. However, the client will still be responsible for the return shipping costs, and these costs will not be refunded.


The Service Provider may also decide to accept the provision of services, subject to conditions communicated in writing to the client before the provision of services, and accepted by the client.

The Service Provider reserves the right to remove any service displayed on the Site at any time and to replace or modify any content or information appearing on it

The Service Provider cannot be held responsible towards the Client or a third party for the damaging consequences of withdrawing a service from the Site or replacing or modifying any content or information appearing on the Site

3.3 Specific Orders

3.3.1 Other Services

Any request from a client for the provision of a service other than those expressly defined on the Site must be the subject of a specific request by selecting 'Contact Us' on the Site. The client will send a description of the desired services through this channel, to which the Service Provider will respond as soon as possible

The Service Provider reserves the right to refuse or accept the provision of services. If the Service Provider agrees to perform the requested services, it will then provide the client with a quote. If the client accepts it, they will be prompted to confirm their order under the conditions mentioned above, after the Service Provider sends a link to the payment platform or defines another ordering process

ARTICLE 4 Prices

The services offered by the Service Provider are provided at the rates in effect on the Site at the time of the order registration by the Service Provider. Prices are expressed in Euros and inclusive of VAT

The client may benefit from exceptional discounts or possible credits that will result in the issuance of a promo code to be entered by the client during the order

These prices are firm and not subject to revision during their validity period, as indicated on the Site. 

The Service Provider reserves the right, outside of this validity period, to modify prices at any time

The prices do not include delivery and transportation costs, which are billed separately under the conditions indicated on the Site and calculated before placing the order

The payment requested from the client corresponds to the total amount of the purchase, including these costs.

Article 6 - Provision of Services

The products are payable in cash at the time of the effective order.

Payments will be made through one of the two proposed payment methods:

Through PayPal; they will be processed through the secure Paypal system, which uses the SSL (Secure Socket Layer) protocol, ensuring that the transmitted information is encrypted by software and cannot be accessed by any third party during transport over the network.

By credit card; they will be processed through the secure UP2PAY system of Crédit Agricole, headquartered at 12, Place des Etats-Unis (92127) MONTROUGE Cedex, registered with the Nanterre Trade and Companies Register under the number SIREN: 784 608 416. This system utilizes the SSL (Secure Socket Layer) protocol, ensuring that the transmitted information is encrypted by software and cannot be accessed by any third party during transport over the network.

By bank transfer. Choosing payment by bank transfer implies that the customer independently and through their own means initiates a payment through their bank.

The customer expressly acknowledges that providing their credit card number to the service provider constitutes authorization for debiting their account for the amount of the ordered services. If necessary, a notification of order cancellation due to payment failure is sent to the customer by the service provider to the email address provided by the customer during the order process on the website.

The data recorded and stored by the service provider constitute evidence of the order and all past sales. 

The data recorded by UP2PAY or by PAYPAL constitutes evidence of any financial transaction that occurred between the customer and the service provider.

 

Article 6 - Provision of Services

Except for the application of specific conditions agreed upon between the customer and the service provider, the services ordered by the customer will be provided within a maximum period of 30 days from the dispatch of the items by the customer. This is in accordance with the conditions stated in these General Terms and Conditions, to the delivery address specified by the customer during the order on the website.

The service provider undertakes to make their best efforts to provide the services ordered by the customer, within the framework of an obligation to use reasonable means, and within the specified timeframes mentioned above.

To ensure that these deadlines can be met, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, notably: street number, building, staircase, access codes, intercom names and/or numbers, etc.).

The service provider cannot be held responsible for delays in delivery that are not within its control or justified by a force majeure event (as defined below).

In the event of exceeding the delivery deadline, the customer may request the cancellation of the sale and obtain a refund of the amounts paid for the order within a maximum period of 14 days from their expressly and in writing formulated request, under the conditions provided for in articles L. 216-2, L. 216-3, and L. 241-4 of the Consumer Code. 

Notwithstanding the above, the service provider cannot be held responsible for any damaging consequences resulting from a delay in delivery. The only possible recourse in such a case is the refund by the service provider of the total price paid by the customer, excluding any other form of compensation.

Deliveries can be made to a Relay Point by the service provider Mondial Relay or E-Chronopost, subject to the acceptance of the parcel by the selected Relay Point.

In the absence of reservations or complaints expressly made by the customer upon receipt of the services, they will be deemed to be in conformity with the order in terms of quantity and quality.

The customer will have a period of 15 days from the provision of the services to submit, in writing, any such reservations or complaints, accompanied by relevant supporting documents, to the service provider.

No claim can be validly accepted in the event of non-compliance with these formalities and deadlines by the customer.

The service provider will refund or rectify the services (to the extent possible) as soon as possible and at its own expense, according to appropriate and agreed-upon modalities by the customer, for services whose lack of conformity has been duly proven by the customer.

It is specified that the delivery can only be made to a relay point chosen by an individual or a legal entity. Delivery cannot be made to the home, hotels, or postal boxes. Similarly, if the delivery address provided by the customer is incorrect, no reshipment can be carried out.

The risks of loss or damage to the goods are transferred to the customer, or to the third party they designate, as soon as they physically take possession of the goods.

Exceptionally, the risk is transferred to the customer upon delivery of the goods to the carrier when the customer is responsible for arranging the transportation and not the service provider.

Article 7 – Right of Withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for (i) fully executed services completed before the end of the withdrawal period, and whose execution began after the consumer's express prior agreement and express waiver of their right of withdrawal, as well as (ii) the supply of goods made to the consumer's specifications or clearly personalized.

The customer, having waived their right of withdrawal when placing the order, does not have the right to withdraw. The contract is therefore concluded definitively upon the customer placing the order, according to the terms specified in these General Terms and Conditions of Sale.

Article 8 – Service Provider's Liability

The service provider is not bound by an obligation of result but by an obligation of means. 

The service provider is presumed to be responsible to the customer for the condition in which it returns the item entrusted to it, including any deterioration suffered by the item. 

The service provider must either have raised objections before or at the time of receiving the item or demonstrate the absence of fault on their part. 

The service provider can exempt themselves from liability by demonstrating that they have not committed any fault. This proof can result from either objections raised before or at the time of receiving the items, a technical study, or the discovery of a hidden defect or non-conformity of the item. 

The service provider is not responsible when the deterioration is due to a hidden defect in the item.

The service provider is subject to an obligation of restitution. In the event of the impossibility of returning the entrusted item (theft, loss, fire, etc.), the service provider is presumed responsible. Therefore, they incur liability unless they can prove that they have not committed any fault and that this loss is due to an unforeseeable external cause. Loss is presumed when the item has not been returned within two months from the date of dispatch.

Article 9 – Personal Data Protection

In accordance with the law 78-17 of January 6, 1978, modified by law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the customer are necessary for the processing of their order and the issuance of invoices, among other purposes.

These data may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders.

The processing of information provided through the website complies with legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.

The customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding the information concerning them.

This right can be exercised by writing, by mail, and by providing proof of identity to:

The service provider

Neo Workshop / Répare ta combi

57 Bis rue Victor Hugo,

85360 La Tranche sur mer

Email adress : contact@reparetacombi.com

Phone number : 02 52 72 00 21

The parties commit to respecting the document "PRIVACY POLICY" available on the website to best protect the personal data of each of them.

Article 10 – Intellectual Property

The content of the website is the property of the service provider and its partners, and it is protected by French and international laws related to trademark rights, copyright, and patent rights.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

Article 11 – Photography and Communication

The customer expressly authorizes the service provider to reproduce the photographs taken of the creations made in the execution of the order on all its communication media, and this, free of charge. 

In this regard, and considering that such photographs and/or creations may be considered protectable under copyright law, the customer therefore grants the service provider, on a non-exclusive and free basis, for the entire world or for the legal duration of their protection, the rights of reproduction, representation, and adaptation of these photographs by all means, both current and future, and in any form or medium whatsoever (already known or discovered subsequently). This right includes, in particular, the right for the service provider to publish, broadcast, and distribute.

Article 12 – Force Majeure

The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event, as defined in Article 1218 of the Civil Code.

Article 13 – Applicable Law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.

They are written in the French language. In the event of translation into one or more languages, only the French text shall prevail in case of a dispute.

Article 14 – Prior Complaint

Avant d’engager une procédure litigieuse, pour toute réclamation, le Client devra préalablement s’adresser au
service clientèle du Prestataire au numéro de téléphone suivant : 02 52 72 00 21, du lundi au vendredi sauf jour férié ou chômé, de 9h à 18h ou par e-mail contact@reparetacombi.com ou courrier postal adressé au Prestataire, 57 Bis rue Victor Hugo, 85360 – La Tranche sur mer.

Article 15 – Disputes

Following the failure of the prior complaint or in case of no response within a period of two months, all disputes arising from the purchase and sale transactions concluded under these general terms and conditions, concerning their validity, interpretation, execution, termination, consequences, and results, which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The customer is informed that, in any case, they may resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L. 612-1 of the Consumer Code) or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.

Unless there is a contrary and mandatory legal provision, any dispute not resolved through an amicable procedure shall be submitted to the competent court within the jurisdiction of the Court of Appeal of Poitiers.

Article 16 – Partial Invalidity

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, the other provisions shall remain in full force and effect.

Article 18 – Pre-contractual Information – Customer Acceptance

The customer acknowledges having been provided, prior to placing the order and concluding the contract, in a readable and understandable manner, with these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, including the following information :

  • the essential characteristics of the services, taking into account the communication medium used and the relevant service;
  • the price of the services and associated costs (such as delivery fees);
  • in the absence of immediate execution of the contract, the date or deadline by which NEO WORKSHOP / Répare ta combi undertakes to provide the ordered services;
  • information about the identity of NEO WORKSHOP / Répare ta combi, its postal, telephone, and electronic contact details, and its activities, if they are not apparent from the context;
  • information about legal and contractual guarantees and their terms of implementation;
  • information about legal and contractual guarantees and their terms of implementation;
  • information about the right of withdrawal, termination modalities, and other important contractual conditions.
  • the accepted means of payment.

The act of placing an order on the website implies the individual's (or legal entity's) full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered services.