TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE
These Terms and Conditions of Sale are entered into between:
ASORIAX, a French SARL with share capital of EUR 10,000, whose registered office is located at:
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Registered with the Brive Trade and Companies Register under number 108 169 327.
SIREN: 108 169 327
SIRET: 108 169 327 00013
Intra-Community VAT number: FR22 108169327
Telephone: 07 68 62 24 71
Email: neon-flexible@asoriax.fr
Hereinafter referred to as the “Seller” or “ASORIAX”,
And any adult natural person acting for purposes outside their trade, business, craft, liberal profession or agricultural activity, wishing to make a purchase on the NEON-FLEXIBLE.COM website, available at:
https://www.neon-flexible.com/
Hereinafter referred to as the “Customer”.
These Terms and Conditions of Sale govern the sale of products and services offered by ASORIAX on NEON-FLEXIBLE.COM.
Any order placed and confirmed on the website implies the Customer’s full and unconditional acceptance of these Terms and Conditions of Sale.
These Terms and Conditions are available on the website at all times. The version applicable to an order is the version accepted by the Customer at the time the order is confirmed.
These provisions apply without prejudice to any mandatory consumer protection legislation.
ARTICLE 2 - PURPOSE
These Terms and Conditions of Sale define the respective rights and obligations of ASORIAX and the Customer in connection with the sale of products and services offered on NEON-FLEXIBLE.COM.
They govern in particular:
- placing orders;
- prices;
- payment methods;
- order preparation and delivery;
- the right of withdrawal where applicable;
- returns;
- statutory warranties;
- after-sales service;
- the respective liabilities of the parties.
ARTICLE 3 - ORDERS AND AVAILABILITY
The Customer declares that they are at least 18 years old and have the legal capacity to enter into a contract.
The creation of a customer account may be offered on the website but is not necessarily mandatory where guest checkout is available.
The Customer is responsible for the accuracy of the information provided when placing an order.
Before finally confirming an order, the Customer may review its details and total price and correct any errors.
Any order implies acceptance of the prices, the essential characteristics of the products and these Terms and Conditions of Sale.
Final confirmation of the order entails an obligation to pay.
Once the order has been confirmed, ASORIAX sends the Customer an email confirming the main details of the order.
The Customer may request a change to the order provided that it has not yet been prepared, customised, dispatched or handed over to the carrier. ASORIAX cannot guarantee that a requested change can be accepted after the order has been confirmed.
Product offers are valid subject to availability.
If a product becomes unavailable after the order has been confirmed, ASORIAX will inform the Customer as soon as possible and, depending on the circumstances, offer an appropriate solution such as a refund, an alternative product subject to the Customer’s agreement, or waiting for the product to be restocked.
Telephone calls concerning order tracking, exercise of the right of withdrawal or implementation of a statutory warranty are not subject to any specific premium-rate charge.
ARTICLE 4 - DELIVERY
Orders are prepared and dispatched as soon as reasonably possible, subject in particular to:
- product availability;
- successful payment authorisation;
- required preparation times;
- any manufacturing, cutting, assembly or customisation requested by the Customer.
Available delivery methods, their prices and any estimated delivery times are shown to the Customer during the ordering process.
Delivery times stated by carriers are indicative unless a firm delivery deadline has expressly been agreed.
ASORIAX cannot guarantee the carrier’s own delivery times once the parcel has been handed over to the carrier.
The Customer undertakes to provide all information necessary for successful delivery, including a complete and accurate delivery address and any contact details required by the carrier.
ASORIAX cannot be held liable for delays or failed deliveries caused by incorrect or incomplete information supplied by the Customer.
Upon receipt of the parcel, the Customer should check the condition of the packaging and the delivered products and report any anomaly in accordance with the applicable procedures.
In the event of late delivery, consumer rights may be exercised in accordance with applicable law.
Delivery outside the European Union
Orders delivered to destinations outside the European Union may be subject to customs duties, import taxes or other charges imposed by the authorities of the destination country.
Unless otherwise stated, these duties and taxes are payable by the Customer.
ASORIAX has no control over their amount and recommends that the Customer obtain information from the relevant authorities before placing an order.
ARTICLE 5 - PAYMENT METHODS
The Customer may pay for an order using the payment methods offered on NEON-FLEXIBLE.COM at the time of purchase.
The payment methods actually available are displayed during checkout.
Electronic payments are processed by secure payment service providers.
Banking information required for payment processing is transmitted directly to the relevant payment service provider and is not disclosed to ASORIAX in unencrypted form.
Where payment by bank transfer is offered, the information required to complete the transfer is provided during the ordering process or in the relevant confirmation.
The order may remain on hold until payment has actually been received.
ASORIAX reserves the right to suspend or cancel an order in the event of payment refusal, payment incident, reasonable suspicion of fraud or incomplete payment.
ARTICLE 6 - PRICES
Product prices are stated in euros and include applicable taxes where VAT applies, excluding any delivery costs or other charges clearly shown before the order is confirmed.
Delivery costs are communicated to the Customer before final confirmation of the order.
ASORIAX reserves the right to change its prices at any time.
However, products are invoiced at the prices displayed and accepted by the Customer when the order is confirmed.
In the event of an obvious pricing error caused in particular by a technical or computer malfunction, ASORIAX may contact the Customer and offer the option of confirming the order at the correct price or cancelling the order and issuing a refund.
ARTICLE 7 - RIGHT OF WITHDRAWAL / RETURNS / EXCHANGES
Right of withdrawal
In accordance with the applicable provisions of the French Consumer Code, consumer Customers are in principle entitled to a fourteen (14) day withdrawal period from receipt of the goods, without having to provide any reason.
To exercise this right, the Customer must notify ASORIAX of their decision by means of a clear and unambiguous statement.
The request may in particular be sent:
By email: neon-flexible@asoriax.fr
By post:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
The Customer may use the standard withdrawal form made available on the website, although use of this form is not mandatory.
After notifying ASORIAX of their decision to withdraw, the Customer has no more than fourteen days to return the relevant goods.
Unless otherwise required by applicable law, direct return costs are borne by the Customer.
The product must be returned complete, suitably protected for transport and in a condition compatible with resale.
The Customer may handle the product only to the extent necessary to establish its nature, characteristics and proper functioning. The Customer may be liable for any reduction in value caused by handling beyond what is necessary for these checks.
Products must be returned to:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Refunds are made in accordance with the deadlines and procedures required by applicable law. ASORIAX may withhold the refund until the goods have been received back or until the Customer provides evidence that they have dispatched them, whichever occurs first.
Customised goods or goods made to the Customer’s specifications
In accordance with applicable law, the right of withdrawal does not apply, in particular, to goods made to the consumer’s specifications or clearly personalised.
Depending on the products offered on NEON-FLEXIBLE.COM, this exclusion may apply in particular to items manufactured, cut, configured or customised specifically according to dimensions, characteristics or instructions provided by the Customer.
Where a standard product does not fall within any legal exception to the right of withdrawal, the right of withdrawal remains applicable under the conditions set out above.
This exclusion does not affect the Customer’s statutory rights where a product is defective or does not conform to the contract.
ARTICLE 8 - WARRANTIES
Products sold on NEON-FLEXIBLE.COM benefit from the applicable statutory warranties, independently of any commercial warranty that may also be offered.
Statutory warranty of conformity
Consumer Customers benefit from the statutory warranty of conformity under Articles L.217-3 et seq. of the French Consumer Code.
ASORIAX is required to supply goods that conform to the contract and is liable for any lack of conformity in accordance with the conditions and time limits laid down by law.
In the event of a lack of conformity, the Customer may be entitled, under the applicable legal conditions, to have the goods brought into conformity by repair or replacement.
Where the legal conditions are met, the Customer may also be entitled to a price reduction or termination of the contract.
The statutory warranty of conformity is implemented free of charge for the consumer under the conditions laid down by law.
Statutory warranty against hidden defects
The Customer also benefits from the warranty provided for under Articles 1641 et seq. of the French Civil Code in respect of hidden defects affecting the goods sold.
This warranty applies where a hidden defect renders the product unfit for its intended use or reduces that use to such an extent that the Customer would not have purchased it, or would have paid a lower price, had they known of the defect.
Under the conditions laid down by law, the Customer may choose to return the product and obtain a refund of the purchase price or retain the product and obtain a reduction in the price.
Any action based on hidden defects must be brought within the time limit laid down in Article 1648 of the French Civil Code.
For any warranty request:
Email: neon-flexible@asoriax.fr
ARTICLE 9 - ORDER CONFIRMATION AND EVIDENCE
Where the Customer uses an account on NEON-FLEXIBLE.COM, login credentials are personal and confidential.
The Customer is responsible for keeping them secure and must notify ASORIAX as soon as possible in the event of unauthorised use of the account.
Final confirmation of the order, after reviewing its contents and accepting these Terms and Conditions of Sale, constitutes the Customer’s consent and confirms the obligation to pay.
Data recorded by ASORIAX’s and its service providers’ computer systems may constitute evidence of orders, communications and payments between the parties, in accordance with applicable law.
In the event of fraudulent use of a payment method, the Customer should immediately contact their bank and ASORIAX:
Telephone: 07 68 62 24 71
Email: neon-flexible@asoriax.fr
ARTICLE 10 - LIABILITY
ASORIAX is responsible for the proper performance of obligations arising from the contract entered into with the Customer in accordance with applicable law.
ASORIAX endeavours to describe the essential characteristics of the products offered on NEON-FLEXIBLE.COM as accurately as possible.
However, photographs and product representations are provided for illustrative purposes and may differ slightly from the products actually delivered, particularly with regard to colour rendering depending on the screen used, provided that this does not affect the essential characteristics of the product.
ASORIAX may not be held liable where non-performance or improper performance of the contract is attributable to the Customer, to the unforeseeable and unavoidable act of a third party to the contract, or to an event of force majeure under applicable law.
ASORIAX may likewise not be held liable for disruptions inherent in the Internet network or third-party services outside its reasonable control, subject to any mandatory legal provisions to the contrary.
ARTICLE 11 - PERSONAL DATA
In connection with the operation of NEON-FLEXIBLE.COM, ASORIAX may collect and process personal data required in particular for:
- managing customer accounts;
- managing and fulfilling orders;
- processing payments;
- preparing and delivering products;
- invoicing;
- after-sales service;
- handling customer service enquiries;
- fraud prevention and website security;
- compliance with ASORIAX’s legal and regulatory obligations.
Data may be transferred to service providers involved in carrying out these operations, including payment providers, carriers, logistics service providers, hosting providers, technical service providers and communication service providers, to the extent necessary for their respective services.
ASORIAX does not sell its customers’ personal data.
Personal data is processed in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) and French data protection legislation.
Subject to the conditions laid down by applicable law, the Customer may have the following rights:
- right of access;
- right to rectification;
- right to erasure;
- right to restriction of processing;
- right to object;
- right to data portability where applicable;
- right to withdraw consent where processing is based on consent.
To exercise these rights or for any question regarding the processing of personal data:
Email: neon-flexible@asoriax.fr
Postal address:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Further information concerning the processing of personal data is available in the Privacy Policy published on NEON-FLEXIBLE.COM.
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements comprising NEON-FLEXIBLE.COM, including its structure, texts, photographs, illustrations, graphic elements, videos, logos, trademarks, databases and software, are protected under applicable intellectual property law.
These elements belong, as applicable, to ASORIAX, its partners or the relevant rights holders.
Any unauthorised reproduction, representation, adaptation, modification, distribution or exploitation, in whole or in part, is prohibited except where expressly permitted by law.
ARTICLE 13 - SEVERABILITY
If any provision of these Terms and Conditions of Sale is declared void, unlawful or unenforceable as a result of legislation, regulation or a court decision, the remaining provisions will remain fully valid and enforceable.
ARTICLE 14 - DURATION
These Terms and Conditions of Sale apply for as long as the products and services offered on NEON-FLEXIBLE.COM remain available online.
ASORIAX may amend these Terms and Conditions at any time.
The terms applicable to an order are those accepted by the Customer when the order is confirmed.
ARTICLE 15 - EVIDENCE
Data recorded in ASORIAX’s and its service providers’ computer systems and stored under reasonably secure conditions may constitute evidence of communications, orders, transactions and payments between the parties.
This provision does not deprive the Customer of any other means of evidence permitted under applicable law.
ARTICLE 16 - STORAGE AND ARCHIVING OF TRANSACTIONS
ASORIAX retains documents relating to orders and invoices in accordance with its applicable legal and regulatory obligations.
Where applicable law requires the archiving of an electronically concluded contract, the contract is stored for the applicable statutory period on a medium designed to preserve its integrity.
The Customer may request access to archived documents where such a right is provided by applicable law.
ARTICLE 17 - APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions of Sale are governed by French law.
In the event of a complaint or dispute, the Customer is encouraged to contact ASORIAX first in order to seek an amicable solution:
Email: neon-flexible@asoriax.fr
Telephone: 07 68 62 24 71
In accordance with the applicable provisions of the French Consumer Code, a consumer has the right to use a consumer mediation service free of charge in order to seek an amicable resolution of a dispute with ASORIAX, after first submitting a written complaint to the Seller.
The contact details of the competent consumer mediator must be provided to consumers in accordance with applicable law.
If no amicable settlement can be reached, the dispute may be brought before the competent courts in accordance with applicable procedural rules, including those protecting consumers.
LEGAL INFORMATION
WEBSITE PUBLISHER
The NEON-FLEXIBLE.COM website is published by:
ASORIAX
French SARL with share capital of EUR 10,000
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
RCS Brive: 108 169 327
SIREN: 108 169 327
SIRET: 108 169 327 00013
Intra-Community VAT number: FR22 108169327
Telephone: 07 68 62 24 71
Email: neon-flexible@asoriax.fr
Website: https://www.neon-flexible.com/
PUBLICATION DIRECTOR
Publication Director: Laurent Astruc
Editorial Manager: Laurent Astruc
HOSTING PROVIDER
NEON-FLEXIBLE.COM is hosted by:
Hostinger International Ltd.
61 Lordou Vironos Street
6023 Larnaca
Cyprus
INTELLECTUAL PROPERTY
The general structure of NEON-FLEXIBLE.COM, together with its texts, photographs, illustrations, graphic elements, videos, logos, trademarks, databases and software, is protected by applicable intellectual property law.
These elements belong, as applicable, to ASORIAX, its partners or the relevant rights holders.
Any unauthorised reproduction, representation, modification, adaptation, distribution or exploitation, in whole or in part, is prohibited except where permitted by law.
Trademarks, trade names, logos and other distinctive signs displayed on the website remain the property of their respective owners.
PERSONAL DATA
ASORIAX processes personal data collected through NEON-FLEXIBLE.COM in accordance with applicable data protection legislation.
Subject to the conditions laid down by applicable law, users have rights of access, rectification, erasure, restriction, objection and, where applicable, data portability.
These rights may be exercised by contacting ASORIAX:
By email: neon-flexible@asoriax.fr
By post:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Detailed information concerning data processing, purposes, legal bases, recipients and retention periods is provided in the Privacy Policy available on the website.
COOKIES
NEON-FLEXIBLE.COM may use cookies necessary for the operation of the website and, subject to the user’s consent where required, cookies or other tracking technologies used in particular for audience measurement or the provision of additional services.
Users can manage their preferences using the consent management tool available on the website.
Detailed information is provided in the Cookie Policy of NEON-FLEXIBLE.COM.