GENERAL TERMS AND CONDITIONS OF SALE

Definitions

These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") are offered by SASU AEROWOOD, in the capital, a company registered at the RCS419968359 of Melun under number 419968359, whose registered office is located at 11 chemin de l'aerodrome, 30000 NIMES (hereinafter " SASU AEROWOOD ").

Subsequently, the following will be designated:

"Site" : the www.shop.aerowood.fr website and all of its pages.
" Products " or " Services " : all the products (equipment) and services (services) that can be purchased or subscribed to on the Site.
"Seller " : SASU AEROWOOD, a legal entity, offering its Products or Services on the Site.
"Customer " : the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer ", in accordance with the definition in the preliminary article of the Consumer Code: " any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity".

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these T&Cs, print them and/or save them on a durable medium, before placing an order on the Site.

The Client acknowledges having read the T&Cs and accepts them in full and without reservation.

Article 1 - Application of the T&Cs and purpose of the Site

The Seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The T&Cs applicable to the Client are those in force on the day of the order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general terms and conditions of use, the legal notice and the data charter of this Site.

This Site offers the online sale of aeronautical parts.

The Site is freely accessible to all Customers. The acquisition of a Product or Service implies the Client's acceptance of all of these T&Cs, who acknowledges that he/she has fully read them. This acceptance may consist, for example, for the Client, of ticking the box corresponding to the sentence of acceptance of these T&Cs, having for example the mention " I acknowledge that I have read and accepted all the general terms and conditions of the Site ". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.

Acceptance of these T&Cs assumes that the Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a guardian, curator or his/her legal representative.

The Client acknowledges the evidentiary value of the Seller's automatic registration systems and, unless the Client provides proof to the contrary, waives the right to contest them in the event of a dispute.

The Publisher makes available to the Client, on its Website, a confidentiality charter specifying all the information relating to the use of the Client's personal data collected by the Publisher and the rights that the Client has with regard to this personal data. The data privacy policy is part of the GTC. Acceptance of these T&Cs therefore implies acceptance of the data privacy policy.

Article 2 - Creation of a customer account

The creation of a "customer account" is an essential prerequisite for any order placed by the Client on this Site. To this end, the Client will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list being not exhaustive. As such, the Client undertakes to provide accurate information. The Client is responsible for updating his/her data. He must therefore notify the Seller without delay in the event of a change. The Client is solely responsible for the truthfulness, accuracy and relevance of the data provided.

The Client registered with the Site has the possibility to access it by logging in using his credentials (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party social network login buttons. The Client is solely responsible for protecting the password he has chosen. They are encouraged to use strong passwords. In case of forgetting a password, the Client has the option of generating a new one. This password is the guarantee of the confidentiality of the information contained in its "my account" section and the Client is therefore prohibited from transmitting or communicating 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 orders placed 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 held liable, as this information has no probative value but is only informative. The pages relating to the customer account can be freely printed by the Client who holds the account in question but do not constitute proof, they are only of an informative nature intended to ensure the efficient management of his orders or contributions by the Client.

Each Client is free to close his/her account on the Site. To do so, they must send an email to the Seller indicating that they wish to delete their account. No recovery of its data will then be possible.

The Seller reserves the exclusive right to delete the account of any Client who has contravened these T&Cs (in particular and without this example being exhaustive, when the Client has knowingly provided incorrect information when registering and setting up his personal space) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage for the Client, who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the Seller to take legal action against the Client, when the facts have justified it.

Article 3 - Method of placing orders and description of the purchase process

The Products and Services offered are those listed in the catalogue published on the Website. These Products and Services are offered while supplies last. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalogue reflect a true picture of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.

The term "Basket" below is defined as the "Basket" to include all the Products or Services selected by the Customer of the Site for purchase by clicking on these elements. In order to proceed with their order, the Customer chooses the Product(s) they wish to order by adding them to their "Basket", the content of which can be modified at any time.

As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he/she wishes to validate his/her order, the Client must tick the box relating to the ratification of these T&Cs and click on the validation button. The Customer will then be redirected to a page in which he/she will have to fill in the order form fields. In the latter case, they will have to provide a certain amount of personal data concerning them, necessary for the proper processing of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Client may make changes, corrections, additions, or cancel the order until it is validated.

As soon as the Client has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these T&Cs relating to payments. After a few moments, the Customer will receive an email confirming the order, reminding them of the content of the order and the price of the order.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 - Prices and terms of payment

Unless otherwise stated, the prices shown in the catalogue are prices in Euros including all taxes (including VAT), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

SASU AEROWOOD reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalogue on the day of the order will be the only one applicable to the Client.

The Customer can place an order on this Site and can make his payment by credit card, PayPal, Cash.Payments by credit card are made by means of secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Client's means of payment. The payment is made directly in the hands of the bank or payment service provider receiving the payment from the Customer. In the event of payment by cheque or bank transfer, the delivery terms defined in the article "Deliveries" of these T&Cs do not begin to run until the date of actual receipt of payment by the Seller, the latter being able to provide proof of this 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. The computerized records will be considered by the parties as evidence of communications, orders, payments and transactions between the parties.

Payment in instalments with Alma

Payment in instalments/deferred is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.

Purchase Amount

P2X: Only purchases between €100 and €2,000 are eligible to pay with Alma.

P3X: Only purchases between €100 and €2,000 are eligible to pay with Alma.

P4X: Only purchases between €100 and €2,000 are eligible to pay with Alma.

Fresh

By paying in instalments with Alma, the Client does not pay any fees. Except in the following cases:

P2X: 0.65% per transaction

P4X: 1.93% per transaction

Alma is an online payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

Termination

Any termination of the T&Cs, which bind the Seller and the customer, shall result in the termination of the T&Cs between Alma and the Client.

Article 5 - Deliveries

Delivery costs will be indicated to the Client before any payment is made. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world.

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Client declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with accurate information on the amount total the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in any case to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Client may refuse a parcel at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing Product in relation to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods taken back. Failure to comply with these requirements will result in the Client not being able to exercise his right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right to refuse.

If the Customer's parcel is returned to the Seller by post or by other postal service providers, the Seller will contact the Client upon receipt of the return parcel to ask for the follow-up to be given to the order. If the Client has refused the parcel by mistake, he/she may request the return of the parcel by first paying the postal costs for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered at the time of ordering.

In the event of an error in delivery 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 withdrawal, according to Article L.221-18 et seq. 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 wrong manoeuvre by the Client cannot be attributed to the Seller.

Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of the order or, in the absence of any indication of the date or deadline at the time of the order, more than thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgment of receipt, if, after having ordered the Seller to make the delivery, he has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total sums paid. This clause is not intended to apply if the delay in delivery is due to force majeure.

Article 6 - Right of withdrawal and withdrawal form

In accordance with Article L.221-18 of the French Consumer Code, consumers in the European Union have 14 days from the receipt of their package to exercise their right of withdrawal. AEROWOOD, ensures a satisfied or refunded return to its customers within 30 days.

N.b. In accordance with article L121.20.12 of the French Consumer Code concerning made-to-measure items, this item will not be taken back or exchanged.

From what date does my right of withdrawal start?

From the date of receipt of your parcel (as evidenced by the carrier's tracking), you have 30 calendar days to request a refund, provided that your product is in its original condition, ununpacked and fit for sale.

Example: You place your order on March 2nd and you receive your package on March 12th. Your right of withdrawal therefore starts from 12 March and ends on 11 April.

The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to SASU AEROWOOD. It is understood that the Client will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by Post.

If the above obligations are not fulfilled, the Client will lose his right of withdrawal and the Product will be returned to him at his expense.

It is recommended that the Customer make the return through a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter.

The refund will be made using the payment method chosen by SASU AEROWOOD, provided that the refund does not incur any costs for the Client.

Under what conditions and by what means will the reimbursement be made?

If your return is requested and is made within 30 days of receipt of your order, your order (excluding delivery costs incurred ) will be fully refunded.

You will be responsible for the cost of returning the goods in the event of a withdrawal, unless there is an error attributable to Shop.aerowood.fr.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not previously taken place.

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Client may be held liable.

In accordance with Article L221-5 of the French Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of SASU AEROWOOD, 11 chemin de l'aérodrome, 30000 NIMES

I/we (*) hereby notify you/our (*) withdrawal from the contract for the sale of goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of Client(s):

Address of the Client(s):

Signature of the Client(s) (only in case of notification of this form on paper):

Date:

(*) Strike out the unnecessary wording.

Article 7 - Product Warranty

Legal provisions to be reproduced

When acting under a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; they may choose between repair or replacement of the property, subject to the cost conditions set out in Article L.217-9 of the Consumer Code; Except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods, a period extended to 24 months from 18 March 2016.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any warranty; In the event that this guarantee is implemented, the buyer has the choice between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

According to articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods in accordance with the contract concluded with the Consumer Customer and to be liable for any lack of conformity that exists during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect has appeared within 24 months of this date (or within 6 months if the order was placed before 18 March 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, " the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the lack of conformity invoked ".

On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or if the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

In accordance with Article L.217-9 of the French Consumer Code: " In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the property or the extent of the defect. He is then required to proceed, unless this is impossible, in the manner not chosen by the purchaser ."

Legal warranty against hidden defects

According to Articles 1641 to 1649 of the French Civil Code, the Client may request the exercise of the warranty against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear 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 diminish such use to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).

Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or email to the addresses indicated in the site's legal notice.

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In the event that it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then the responsibility of the Seller.

Article 8 - Customer Service

The customer service of this Site can be reached by e-mail at the following address: [email protected] or by post at the address indicated in the legal notice.

SASU also provides AEROWOOD with a hotline, or telephone assistance, to answer their questions. Telephone support can be contacted by phone.

Article 9 - Liability

The SASU Seller AEROWOOD cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall not be liable for any indirect damage resulting therefrom, business interruption, loss of profit, damages 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 due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or liability of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the Client is not a Consumer Customer and the contract entered into to acquire the Product or Service allows the withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.

The Client expressly acknowledges the use of the Site at its own risk and under its exclusive responsibility. The Site provides the Client with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, SASU AEROWOOD cannot be held liable under any circumstances:

any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result, among other things, from the use of the Site, or on the contrary from the impossibility of its use;
a malfunction, unavailability of access, misuse, misconfiguration of the Client's computer, or the use of a browser not used by the Client;
the content of advertisements 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, and the Seller cannot be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.

Article 10 - Intellectual property rights

All materials on this Site are owned by 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, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting.

Any Client who is guilty of infringement may have his or her account deleted without notice or compensation and without such deletion being able to constitute any damage, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent.

This Site uses elements (images, photographs, content) whose credits are due to: SASU AEROWOOD.

The trademarks and logos contained in the Site may be registered by SASU AEROWOOD, or possibly by one of its partners. Any person who represents, reproduces, embeddles, broadcasts and rebroadcasts their products is liable to the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 11 - Severability of clauses

If any provision of the T&Cs is held to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of any remaining provisions.

These T&Cs supersede all prior or contemporaneous agreements, whether written or oral. The T&Cs are not assignable, transferable or sub-licensable by the Client himself.

A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings in connection with the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.

Article 12 - Applicable law and mediation

These T&Cs are governed by and subject to French law.

Except as otherwise provided for by public policy, any disputes that may arise in connection with the execution of these T&Cs may, prior to any legal action, be submitted to the Site Publisher for an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal proceedings. Unless otherwise provided by public policy, any legal action relating to the execution of these T&Cs shall be subject to the jurisdiction of the courts of the jurisdiction of the place where the defendant is domiciled.

Consumer Mediation

According to Article L.612-1 of the French Consumer Code, it is recalled that " every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation mechanism".

As such , SASU AEROWOOD offers its Consumer Customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:

Mediator of the Médicys approved mediation centre
[email protected]
http://www.medicys.fr/index.php/consommateurs/

It is reminded that mediation is not mandatory but only offered in order to resolve disputes by avoiding recourse to the courts.