ARTICLE 1 – DEFINITIONS
The General Terms and Conditions of Sale, or Terms of Sale (TOS) are presented by the company NeitaToys (hereinafter “the company”), self-employed business registered with the RCS Lille, represented by C.S. The company owns and edits the website neitatoys.com (hereinafter “the Site”), hosted by OVHcloud, located at 2 rue Kellerman 59100 Roubaix, France. C.S. is the publishing director. The Site offers the Client (hereinafter “the Client”) the purchase of sex toys (“Toys” or “Dildos”) and well-being articles. Before using the Site, the Client must ensure that they have the necessary technical and computer means, that their browser is secure, and that their equipment is in good condition without viruses.

ARTICLE 2 – APPLICATION AND OPPOSABILITY OF THE TOS
The TOS define the conditions of sale of the Products on the Site and apply to each Order from the Client. By placing an Order, the Client accepts the TOS in force on the date of the Order. Any contrary condition of the Client is not opposable to the company without prior express acceptance.

ARTICLE 3 – ORDERING PRODUCTS ON THE SITE
The Client must be 18 or over to buy anything from the Site. By purchasing from us and accepting the TOS, the Client confirms that they are the age of 18 or over. The company reserves the right to correct the content of the Site at any time. The Products are described accurately, but minor variations may occur without liability. The Client can order by following the process: choose the Product(s), access the summary, validate the order. The validation of the Order, accepting the TOS and implying payment, concludes the contract between the company and the Client.

ARTICLE 4 – PRICE AND PAYMENT TERMS OF THE ORDER
Prices, in euros including all taxes, are indicated on the Site. The total amount, displayed before validation of the Order, is payable in euros on the day of the Order, by credit card via the module installed on the website. The company reserves the right to cancel an Order in case of payment default.

ARTICLE 5 – DELIVERY AND DEADLINES
  5.1 Delivery areas. Products are deliverable in certain countries, listed on the Shipping page.

  5.2 Deadlines. The preparation and delivery time, or the delivery deadline, is stated on each Product page and repeated in the order summary before the Order is validated. Made-to-order or customized Products are subject to a production time stated before the Order is validated. If no time is stated, the Company delivers the Product no later than thirty (30) days after the contract is concluded.

  5.3 Late delivery. If the Company has not delivered by the agreed date or within the agreed time, the Client may ask the Company in writing (registered letter with acknowledgement of receipt or email) to deliver within an additional reasonable period. If delivery does not take place within that period, the Client may terminate the contract under articles L.216-2 and L.216-3 of the French Consumer Code. The Company then refunds all sums paid within fourteen (14) days.

  5.4 Carriers and tracking. In France, delivery is handled by Colissimo or Mondial Relay. Outside France, delivery is handled by Colissimo. A tracking number is provided to the Client.

  5.5 Risk. The risk of loss or damage to the Product passes to the Client when the Client (or a third party designated by the Client, other than the carrier) takes physical possession of it. If a parcel is damaged or lost before that point, the Client is invited to contact the Company as soon as possible: the Company handles the claim with the carrier at no cost to the Client. This invitation does not limit the Client’s rights in any way.

  5.6 Client’s absence. If the parcel is returned to the Company because of the Client’s absence or failure to collect it, the cost of redelivery is borne by the Client.

  5.7 Deliveries outside the European Union. For deliveries outside the European Union, any customs duties, taxes and import fees are borne by the Client, who is informed of this before validating the Order. The Client is responsible for checking that importing and owning the Products is lawful in their country. The Company may refuse or cancel an Order bound for a country where such Products are prohibited; the Client is then fully refunded.

ARTICLE 6 – CUSTOMER SERVICE
For any information or complaint, the Client contacts customer service at ReplaceHelloNeitatoys.

ARTICLE 7 – LEGAL AND COMMERCIAL WARRANTIES
  7.1 Legal warranty of conformity (articles L.217-3 to L.217-20 of the French Consumer Code).

• The Company delivers a Product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery and appearing within twenty-four (24) months of delivery.
• During those 24 months, the Client does not have to prove that the defect existed at the time of delivery.
• The Client chooses between repair and replacement of the Product. The Company may however refuse the option chosen if it entails a cost disproportionate to the other option.
• Replacement is carried out free of charge for the Client, within a reasonable period not exceeding thirty (30) days, and without major inconvenience to the Client.
• If repair and replacement are impossible, or are not carried out within that period, the Client may obtain a price reduction or terminate the contract with a refund.
• The Client may also request a price reduction or termination of the contract directly in the cases provided by law, for example where the defect is serious.
• A replaced Product benefits from a new twenty-four (24)-month legal warranty.

  7.2 Warranty against hidden defects (articles 1641 to 1649 of the French Civil Code). The Client may invoke the warranty against hidden defects that make the Product unfit for its intended use or so diminish its use that the Client would not have bought it, or would have paid a lower price, had they known of them. The Client has two (2) years from discovery of the defect to act. The Client may choose between returning the Product for a refund of the price or keeping it in return for a partial refund.

  7.3 Implementation. To rely on these warranties, the Client writes to ReplaceHelloNeitatoys stating their order number and describing the defect, with photos if possible. The Company may ask for additional information to assess the defect, but such a request is not a condition of the warranty. Any return costs related to the legal warranty of conformity are borne by the Company.

  7.4 Commercial warranty. Unless otherwise stated on a Product page, the Company does not offer a commercial warranty. The legal warranties above apply in all cases, regardless of any commercial warranty.

ARTICLE 8 – CUSTOMER’S OBLIGATIONS
The Client undertakes to respect the TOS and to use the Site in accordance with the instructions. They refrain from illegal or harmful use.

ARTICLE 9 – RIGHT OF WITHDRAWAL
  9.1 Principle. In accordance with articles L.221-18 et seq. of the French Consumer Code, a Client who is a consumer has fourteen (14) days from receipt of the Product to withdraw without giving any reason, for Products not excluded under article 9.4.

  9.2 Withdrawing by email. The Client may exercise their right of withdrawal by sending an email to ReplaceHelloNeitatoys before the 14-day period expires. The email states the Client’s name, address, order number and the Product(s) concerned, and clearly expresses their wish to withdraw. The Company sends an acknowledgement of receipt of the withdrawal without delay.

  9.3 Return and refund. The Client returns the Product at their own expense within fourteen (14) days of communicating their decision to withdraw. The Company refunds all sums paid, including standard delivery costs, no later than fourteen (14) days after being informed of the Client’s decision. The Company may defer the refund until it has received the Product or until proof of shipment is provided. The refund is made using the same means of payment as the Order.

  9.4 Products excluded from the right of withdrawal. In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:

• Products sealed for hygiene and health protection reasons, where the Client has unsealed them after delivery (5° of article L.221-28), whether or not the Product has been used. Products are delivered under sealed plastic bag, clearly visible;
• Customized Products (3° of article L.221-28), i.e. made to the Client’s specifications or clearly personalized (inscription, engraving, special number, custom color or firmness…), whether or not their packaging has been opened.

The Client is informed of these exclusions before validating their Order. They do not limit the warranties in article 7, which apply even to an unsealed Product in case of a defect.

ARTICLE 10 – LIABILITY
  10.1 Statutory liability. The Company is liable by operation of law to the Client who is a consumer for the proper performance of the distance contract, including where performance is carried out by a third party (notably the carrier), and is liable for damage caused by a defect in its Products under articles 1245 et seq. of the French Civil Code. Nothing in these TOS excludes or limits the rights that a Client who is a consumer holds under mandatory legal provisions, notably in case of personal injury.

  10.2 Exemption cases. The Company may be exempted from all or part of its liability if it proves that the damage or non-performance is attributable to the Client, to the unforeseeable and unavoidable act of a third party unrelated to the supply of the Product, or to force majeure.

  10.3 Use of the Products. The Products are intended for adults and must be used in accordance with their instructions and the usage, hygiene, storage and safety guidelines on the Toy Care and About the Silicone pages. It is the Client’s responsibility to read them, to check the composition of the Product, and to stop use in case of discomfort or irritation and consult a healthcare professional if necessary. The Company is not liable for damage resulting from use that does not comply with these guidelines or from use that is not reasonably foreseeable, to the extent permitted by law.

  10.4 Emails. The Company cannot be held liable if the Client’s equipment or email service (anti-spam filter, for example) rejects emails sent to the address provided at the time of the Order, notably the payment receipt, the order summary or the shipment tracking email. The Client is invited to check their spam folder and can retrieve this information in their account.

ARTICLE 11 – SECURITY
The Client undertakes not to compromise the security of the Site, under penalty of measures and criminal liability.

ARTICLE 12 – INTELLECTUAL PROPERTY
The elements of the Site are protected by copyright, trademark law, designs and models, and/or any other intellectual property rights. All these rights are reserved for France, Europe, and the rest of the world. The “NeitaToys” brand is registered trademark with the INPI and protected. The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.

ARTICLE 13 – PERSONAL DATA
The company respects the privacy of the Client and protects his personal data. The Client has the right to access, modify, and delete his data. The company understands that data protection and privacy are crucial for all internet users visiting the Site. The company undertakes, in accordance with the GDPR regulations, to respect the privacy of the Client and to protect personal data, i.e., data that may directly or indirectly identify you as a person. At the order stage on the Site, the Client expressly consents to the collection and processing of his personal data necessary to carry out the orders. The personal data collected by the company is intended to allow the fulfillment of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations. In accordance with the provisions of law n° 78-17 of January 6, 1978, as amended by law n°2004-801 of August 6, 2004, known as the “Informatique et Libertés” law, and the general data protection regulation (GDPR), subject to proving your identity, any Client, regardless of nationality, has the right to access, modify, and delete his personal data. Each Client is also entitled to request a limitation of the processing of his data and has, moreover, a right to the portability of data as well as a right to object to the processing of personal data concerning him.

ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
  14.1 These TOS are governed by French law. For a Client who is a consumer residing in another country, this clause does not deprive them of the protection granted by the mandatory provisions of the law of their country of residence.

  14.2 In case of dispute, the Client is invited to first contact the Company at ReplaceHelloNeitatoys to seek an amicable solution.

  14.3 Failing an amicable settlement, the dispute falls under the courts competent according to ordinary law. The Client who is a consumer may bring the matter, at their choice, before one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they lived at the time the contract was concluded or the damaging event occurred.