TERMS AND CONDITIONS OF SALE
These General Terms of Sale ('CGV') are proposed by SASU Aerowood, to the capital, a company registered with Melun's RCS419968359 under the number 419968359, headquartered at 11 Aerodrome Road, 30000 NIMES ('SASU Aerowood').
The following is to designate:
- "Site": the site www.shop.aerowood.fr and all its pages.
- "Products" or "Services": all products (materials) and services (services) that can be purchased or can be subscribed to on the Site.
- "Seller": SASU Aerowood, a legal entity, offering its Products or Services on the Site.
- "Customer": The user, individual or professional, making a purchase of Products or Services (s) on the Site.
- "Consumer", in accordance with the definition of the preliminary section of the Consumer Code: "any natural person who acts for purposes that is not part of his or her commercial, industrial, artisanal or liberal activity."
The user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these CGVs carefully, print them out and/or save them on a sustainable medium, before ordering on the Site.
The Client acknowledges that he has become aware of the CGVs and accepts them fully and without reservation.
Article 1 - Application of CGVs and Site Object
The Seller reserves the right to modify the CGVs at any time by publishing a new version of them on the Site. The CGVs applicable to the Customer are those in effect on the day of his order on the Site.
This site offers the online sale of aeronautical parts.
The Site is free and free access to any Customer. The acquisition of a Product or Service requires the Customer's acceptance of all of these CGVs, which also acknowledges that they have become fully aware of them. This acceptance may consist, for example, of the Client checking the box corresponding to the acceptance sentence of these CGVs, having for example the words "I acknowledge that I have read and accepted all the terms and conditions of the Site." Check this box will be deemed to have the same value as a handwritten signature from the Customer.
The acceptance of these CGVs assumes that the Clients have the legal capacity to do so. If the Client is a minor or does not have this legal capacity, he declares that he has the permission of a guardian, a curator or his legal representative.
The Customer recognizes the evident value of the Seller's automatic registration systems and, except for him to provide evidence to the contrary, he waives the challenge in the event of a dispute.
Article 2 - Creating a customer account
The creation of a "customer account" is an indispensable prerequisite for any customer order on this Site. To this end, the Customer will be asked to provide a number of personal information such as his first and last name, email address, postal address and telephone number, this list is not exhaustive. As such, the Customer is committed to providing accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller immediately in case of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
Customers registered with the Site have the ability to access them by logging in through their login credentials (email address defined when registering and password) or possibly using systems such as third-party social network login buttons. The Customer is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. If a password is forgotten, the Customer has the option to generate a new one. This password is the guarantee of the confidentiality of the information contained in its "my account" section and the Customer is therefore prohibited from transmitting it or disclosing it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all his orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller could not be liable, as this information has no probative value but only an informative nature. The pages relating to the customer account are freely printable by the Customer holding the account in question but are by no means evidence, they are only informative in order to ensure the efficient management of his orders or contributions by the Customer.
Each Customer is free to close their account on the Site. To do this, he must email the Seller indicating that he wants to delete his account. No recovery of its data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these CGVs (notably and without this example being exhaustive, when the Customer knowingly provides incorrect information, during his registration and the creation of his personal space) or any account inactive for at least one year. The removal will not be likely to cause any damage to the Customer who will not be entitled to any compensation as a result. This exclusion is not exclusive to the Seller's ability to initiate legal proceedings against the Client, once the facts have justified it.
Article 3 - How orders are underwriting and the purchase process description
The products and services offered are those that appear in the catalogue published on the Site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photographs of the Catalogue Products reflect a true image of the products and services offered but are not constituting a contractual commitment as they cannot ensure a perfect similarity with Physical Products.
Below, the intangible object of all products or services selected by the Site Customer for purchase by clicking on these items will be defined as "Basket. In order to place their order, the Customer chooses the product or products they wish to order by adding them to their "Basket" whose content can be changed at any time.
Once the Customer feels that he has selected and added to his basket all the products he wishes to buy, he will have the opportunity, to validate his order, to access his basket by clicking the button provided for this purpose. It will then be redirected to a summary page on which it will be communicated the number and characteristics of the products ordered, as well as their unit price.
If the Customer wishes to validate his order, he will have to check the box for the ratification of these CGVs and click the validation button. The customer will then be redirected to a page in which he will have to fill out the order form fields. In the latter case, he will have to provide a certain amount of personal data concerning him, necessary for the proper operation of the order.
All orders placed on the Site must be completed and must specify this necessary information. Customers will be able to make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has completed the form, he will then be asked to make his payment with the means of payments listed in the section of these CGVs relating to payments. After a few moments the customer will be sent an email confirming the order, reminding him of the contents of the order and the price of the order.
The Products sold remain the property of the Seller until their price is fully paid, in accordance with this property reserve clause.
Article 4 - Prices and payment terms
Unless otherwise stated, the prices in the catalogue are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
SASU Aerowood reserves the right at any time to change its prices and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Site. However, the price listed on the day of the order will be the only one applicable to the Customer.
Customers can place an order on this Site and can make their payment via CB, PayPal, Cash.Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. The payment is made directly into the hands of the bank or payment provider receiving payment from the Customer. In the case of payment by cheque or bank transfer, the delivery times defined in the article "Deliveries" of these CGVs do not begin to run until the date of actual receipt of the payment by the Seller, the latter being able to prove it by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.
SASU Aerowood will archive purchase orders and invoices on a reliable and durable medium that is a faithful copy. Computerized records will be considered by the parties as evidence of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries
The delivery fee will be reported to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world.
In the event of delivery of a product outside the European Union and in dom-Tom, the Customer declares himself the importer of the Product and accepts that in such cases the Seller may be unable to provide him with accurate information on the total amount of customs duties and formalities or import taxes applicable in the country where the product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
Customers may refuse a package at the time of delivery if they find an anomaly in the delivery (damage, product missing from the delivery order, damaged parcels, broken products,... any anomaly must then be indicated by the Customer on the delivery voucher, in the form of handwritten reservations, accompanied by the Customer's signature. In order to exercise the right of refusal, the Customer will have to open the damaged or defective parcel or parcel in the presence of the carrier and have the damaged goods taken back. Failure to comply with these requirements will not allow the Customer to exercise his right of refusal, and the Seller will not be required to accede to the Request to Exercise the Customer's Right of Refusal.
If the customer's parcel is returned to the Seller by the Post Office or by other postal providers, the Seller will contact the Customer upon receipt of the parcel in return to ask him what to do with his order. If the Customer has mistakenly refused the parcel, he will be able to request its return by paying the postal fee for the new shipment. Postal costs will have to be paid even for orders whose shipping costs were offered at the time of the order.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows the withdrawal, according to Article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false manoeuvre by the Customer cannot be attributed to the Seller.
Any delay in delivery in relation to the date or time indicated to the Consumer Customer at the time of order or, in the absence of an indication of a date or delay at the time of the order, more than thirty (30) days from the conclusion of the contract may result in the resolution of the sale at the initiative of the Consumer Customer, on written request from him by letter recommended with acknowledgement of receipt. , if after instructing the Seller to make the delivery he did not execute. The Consumer Customer will then be reimbursed, no later than 14 days after the date on which the contract was denounced, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 6 - Right of withdrawal and retraction form
According to Article L.221-18 of the Consumer Code,consumers in the European Union have 14 days from receipt of their parcel to exercise their right of withdrawal.
When does my right to withdraw begin?
From the date of receipt of your parcel (followed by the carrier in evidence), you have 14 calendar days to request a refund, provided that your product is in its original state, unpacked and clean for sale.
Example: You order on March 2 and receive your package on March 12. Your right to withdraw starts on March 12 and ends on March 26.
The product must be returned in perfect condition. If so, it must be accompanied by all its accessories. The Consumer Customer can find below a standard retraction form for an order placed on the Site, to be sent to SASU Aerowood. It is understood that the Customer will bear the cost of returning the Product in the event of a retraction, as well as the cost of returning the Product if the product, due to its nature, cannot normally be returned by the Post Office.
If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his own expense.
Customers are advised to return with a solution that allows the package to be tracked. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the seller.
The refund will be made using payment method chosen by SASU Aerowood, as long as the refund does not ense charge the Customer.
Under what conditions and by what means will the refund be made?
If your return is requested and made within 14 days of receiving your order, it (excluding the delivery fee incurred) will be refunded in full.
The cost of returning as part of a retraction will be your responsibility, except in case of error due to Shop.aerowood.fr.
The Seller also reserves the right to defer the refund until the Product is received or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not taken place previously.
In the event of impairment of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product or Products, the customer may be liable.
In accordance with Article L221-5 of the Consumer Code( ("Hamon Act") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of SASU Aerowood, 11 aerodrome road, 30000 NIMES
I/we here notifates/notify you of my/our retraction of the contract for the sale of the property/ for the provision of services below:
Ordered the ()/received the ( )
Customer's signature (only if this paper form is notified):
(*) Delete the unnecessary mention.
Article 7 - Product Guarantee
Legal provisions to be reproduced
When acting as a legal guarantee of compliance, the consumer has two years from the time the property is issued to act; it may choose between repairing or replacing the property, subject to the cost conditions provided by Section L.217-9 of the Consumer Code; except for second-hand goods, it is exempt from proving the existence of the property's non-compliance during the six months following the issuance of the property, which is extended to 24 months from March 18, 2016.
The legal guarantee of compliance applies regardless of the possible commercial guarantee.
The consumer may decide to implement the warranty against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of the implementation of this guarantee, the buyer has a choice between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. It has two years from the discovery of the defect.
The deferral, suspension or interruption of the statute of limitations cannot have the effect of extending the extinguishing limitation period beyond twenty years from the day of the birth of the right in accordance with Article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided by the Civil Code;
Legal compliance guarantee
According to articles L.217-4 and following of the Consumer Code, the Seller is required to deliver a property in accordance with the contract with the Consumer Customer and to answer for any compliance deficiencies that exist during the issuance of the Product. The guarantee of compliance may be exercised if a defect were to exist on the day the Product was taken over. However, when the defect appeared within 24 months of that date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Section L.217-7 of the Consumer Code, "the Seller may fight this presumption if it is not consistent with the nature of the [Product] or the alleged non-compliance."
On the other hand, after this 24-month period (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of the takeover of the Product.
According to Section L.217-9 of the Consumer Code: "In the event of a non-compliance, the buyer chooses between repairing and replacing the property. However, the seller may not proceed according to the buyer's choice if the choice results in a clearly disproportionate cost under the other modality, given the value of the property or the size of the defect. It is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."
Legal guarantee against hidden defects
According to Articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, predate the purchase (and therefore not result from the normal wear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended , or reduce this use to such a extent that the purchaser would not have purchased the Product or purchased it at such a price if he had known of the defect).
Complaints, requests for exchange or refund for a non-compliant product must be made by mail or email at the addresses indicated in the legal mentions of the site.
If a product is not complied with, it may be returned to the Seller who will exchange it. In case of impossibility of exchange of the Product (obsolete product, out of stock, etc.) the Customer will be refunded by cheque or transfer of the amount of his order. The costs of the exchange or refund procedure (including the cost of posting the product back) are then borne by the Seller.
Article 8 - Customer Service
The customer service of this Site is accessible by e-mail at: [email protected] or by mail to the address indicated in the legal references.
SASU Aerowood also provides its Customers with a hotline, or telephone assistance, to answer their questions. Telephone support can be contacted by phone.
Article 9 - Responsibility
The SASU Aerowood Seller cannot be held responsible for the breach of contract entered into due to the occurrence of a force majeure event. With respect to the Products purchased, the Seller will not incur any liability for any indirect damages as a result of these, loss of operation, loss of profit, damage or costs, which may occur.
The choice and purchase of a Product or Service is the sole responsibility of the Customer. The total or partial impossibility of using the Products in particular because of the incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for retraction , according to Article L 221-18 and the following of the Consumer Code.
The Client expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, SASU Aerowood cannot be held responsible under any circumstances:
- any direct or indirect damage, particularly with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
- a malfunction, unavailability of access, misuse, poor configuration of the Client's computer, or the use of a browser not used by the Customer;
- ad content and other external links or sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, so the Seller cannot be held liable if the characteristics of the Products differ from the visuals present on the Site or if they are erroneous or incomplete.
Article 10 - Intellectual property rights
All items in this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual content, pictographic or video, without this enumeration being limited, is strictly prohibited and is akin to counterfeiting.
Any Client who is guilty of forgery would be likely to have his account deleted without notice or compensation and without the deletion constituting damage, without reservation of any subsequent legal proceedings against him, at the initiative of the Seller or his agent.
This Site uses items (images, photographs, content) whose credits go to: SASU Aerowood.
The trademarks and logos contained in the Site are likely to be filed by SASU Aerowood, or possibly by one of its partners. Anyone who performs their representations, reproductions, nestings, broadcasts and reruns is liable to the penalties under Articles L.713-2 and following of the Intellectual Property Code.
Article 11 - Independence of clauses
If a provision of the GSCs is found to be unlawful, null or void or for any other reason, then this provision will be deemed divisible from the GMC and will not affect the validity and applicability of the remaining provisions.
These CGVs replace any previous or contemporary written or oral chords. THE CGVs are not transferable, transferable or sub-licenciable by the Customer himself.
A printed version of the GVCs and all notices given in electronic form may be requested in legal or administrative proceedings relating to the CGVs. The parties agree that all correspondence relating to these GVCs must be written in the French language.
Article 12 - Applicable law and mediation
These CGVs are governed by and subject to French law.
Unless public policy provisions are made, any disputes that may arise in the context of the execution of these CGVs may before any legal action be submitted to the Editor of the Site for an amicable settlement.
It is expressly recalled that applications for an amicable settlement do not suspend the time open to bring legal action. Unless there is a public order to do so, any legal action relating to the enforcement of these CGVs shall be subject to the jurisdiction of the courts of the residence of the defendant.
According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation device."
As such, SASU Aerowood offers its Consumer Customers, in disputes that have not reached an amicable resolution, the mediation of a consumer mediator, whose contact information is as follows:
- Ombudsman of the Medicys Accredited Mediation Centre
- [email protected]
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.
All Rights Reserved - January 8, 2021