The present document defines, subject to any amendments and/or derogations which AERIAL SHOP PRDMLet the client may agree in writing, the terms and conditions governing the provision by AERIAL SHOP PRDML the Customer of the Products.
PRDML and the Client are hereinafter referred to individually as a "Party" and collectively as the " Parties ".
ARTICLE 1 – DEFINITIONS
The following terms have the following meanings :
"Client" means the contracting of AERIAL SHOP PRDML, signing the Order, of any nature whatsoever, and in particular end-user, distributor, reseller, retailer, consumer or legal person.
"Prior knowledge" means any knowledge, information, documents, data, plans, studies, specifications, know-how, patentable or not, of any nature whatsoever and on any medium whatsoever, held prior to the signing of the Order by the AERIAL SHOP PRDML or the Client, or placed at its disposal by a third party holder prior to the signing of the Order and necessary to the execution of the Order.
"Order" means the set of contractual documents between AERIAL SHOP PRDML and the Client, consisting of the following elements :
• the order and its annexes
• the present general conditions of sale online - France (hereinafter "GTC")
• the technical specifications related to the Product the subject of the Order
• the technical and administrative regulations that define the procedures to be followed by each of the parties for the proper execution of the Order
In the event of any discrepancy or inconsistency between the provisions of one or more contractual documents, the order of priority is described by the list established above.
"Product" means the product provided by AERIAL SHOP PRDML to the Customer under the Order.
ARTICLE 2 - FORMATION OF THE COMMAND
The training process of the Command is the following :
• Product selection and adding to cart
• Validation of the contents of the basket
• Identification of the Client on the site www.aerial-shop.com if the Customer is already registered or creating an account during the
Order if the Client is not previously registered
• Mode of delivery by carrier professional, such as Chronopost
• Choice of mode of payment and acceptance of terms of sale
• Validation of the payment
The Client must receive an e-mail confirmation of the Order and has the opportunity to correct any errors.
ARTICLE 3 - CHANGES MADE TO THE ORDER
3.1. The Customer has a period of twenty-four (24) hours after confirmation of the Order to assert his desire to change the Order, by sending his request by e-mail at the following address : email@example.com
3.2 The Order shall not be considered to be modified only after written agreement from AERIAL SHOP PRDML and notification by AERIAL SHOP PRDML any impact on the price and delivery times.
Article 4 – RIGHT OF WITHDRAWAL
4.1. The Customer consumer has a right of withdrawal of fourteen (14) days from the date of delivery of the Product, without having to justify his motif, or pay a penalty. The consumer Client, to exercise his right of withdrawal, must use the withdrawal form purpose of article 4.2. The exercise of the right of withdrawal involves the repayment in full of the payment made, net of the costs of returning the Product are borne by the Customer.
4.2. The withdrawal form must be sent by registered letter with request for acknowledgement of receipt. It is available on the home page of the website and at this address : http://vosdroits.service-public.fr/particuliers/R38397.xhtml
ARTICLE 5 - PERIOD Of EXECUTION
5.1. The terms of delivery of Products, thirty (30) days maximum from the date of Order except in the case of delay justified, are specified in the Order.
5.2. The terms of delivery of Products shall be subject to compliance by the Customer of its obligations, such as payment of contractual maturities, timely delivery of any document, information, product or material necessary for the execution of the Order.
5.3. The deadlines are extended as of right in the event of a delay that is not exclusively attributable to AERIAL SHOP PRDML, such as but not limited to, delays of suppliers or sub-contractors of AERIAL SHOP PRDML affected by the delay or in cases of force majeure (as defined in clause 14 " Force majeure ").
5.4. A reasonable delay due to AERIAL SHOP PRDML is not a fact sufficient to give rise to cancellation or termination of the Order.
ARTICLE 6 - PRICES – PAYMENT
6.1. Price :
The Product price is expressed in euros, excluding taxes. It is firm and not subject to revision, fixed to the Goods packed, loaded, delivered Francotransporteur Mérignac (France), establishing AERIAL SHOP PRDML. The prices mentioned in the shopping cart does not include any tax, including (i) the Value Added Tax, (ii) the costs of freight and insurance and customs duty.
6.2.1. Except with the prior written consent of AERIAL SHOP PRDML, the payment is made in full to the validation of the Order.
6.2.2. The request for deposit and payment sent by AERIAL SHOP PRDML the Customer are payable upon receipt of invoice or request for payment), by cheque or bank transfer at the choice of AERIAL SHOP PRDML.
6.2.3. Payments must be made without deduction of any kind, no compensation is permitted as of right. Any complaint or claim the Client may not in any event have the effect to defer or suspend payments.
6.2.4. Any late payment entails the application of full right to interest for late payment calculated at a rate equal to three times the legal interest rate, from the due date of this contract until the day of the perfect actual payment, without prejudice to damages and interests to which AERIAL SHOP PRDML can claim. These penalties are payable on receipt of the notice issued by AERIAL SHOP PRDML informing the Customer that these penalties are brought to his debit.
ARTICLE 7 –TRANSMISSION AND RECEPTION
PRDML must notify the Customer of the delivery of the Products to the carrier and the estimated delivery date at the place specified in the Order. The Customer must sign the delivery note of the Product presented by the carrier, stating any reservation possible. In the absence of the Customer, the delivery is deemed executed. The absence of a decision-delivery of the Products at the agreed date does not result in any refund of the payment made by the Customer, without prejudice to additional costs that it may incur. The Client expressly agrees to hold harmless PRDML from any and all liability in connection with the removal and transportation of the Products.
ARTICLE 8 - TRANSFER OF RISK AND PROPERTY
8.1. The risk of loss and/or damage to the Products shall be borne by the Customer after the delivery to the carrier of the Products concerned, in accordance with the procedure set out in section 7 (Transport and receipt of Products).
8.2. AERIAL SHOP PRDML remains owner of the Products until full payment by the Customer of sums due under the Order.
ARTICLE 9 – WARRANTY
9.1. AERIAL SHOP PRDML warrants that the Product and parts included in the Product, compared to a default operating from a manufacturing defect and rendering the Product non-compliant to the Order. The warranty period is three (3) months, alternatively, from the date of delivery of the franco-carrier of the concerned Product.
9.2. If such a defect is discovered, the Customer must immediately inform AERIAL SHOP PRDML in writing, giving all the information which may characterize the nature of the defect found. The Customer shall give all facilities at AERIAL SHOP PRDML to proceed with the recognition of the failure and to remedy it.
9.3. During the period and within the framework of the implementation of the guarantee, AERIAL SHOP PRDML shall modify, repair or replace, at its option, the defective Product.
9.4. The warranty applies only to the extent that the Product has been properly received, handled, transported, stored, maintained, installed, and used by the Client and the end user, in the rules of the art and under normal conditions in the type of activity considered, by qualified personnel, without being subjected to disturbances, accidents, alterations or misuse.
9.5. In case of warranty, are the responsibility of AERIAL SHOP PRDML costs :
(i) of the parts necessary for the repair, modification or replacement of the defective Product,
(ii) transportation to AERIAL SHOP PRDML of the Product and/or defective parts,
(iii) the return transport of the Product or parts repaired, modified, or replaced until the client's site.
9.6. The parts repaired, modified or replaced under the warranty, are guaranteed for a period of three (3) months from the date of their repair, modification or replacement by AERIAL SHOP PRDML.
9.7. Are excluded from the warranty :
- batteries, motors, propellers and ESC in their entirety ;
- defects resulting in whole or in part, an adaptation of the Product imposed by the Client or Prior Knowledge of the Customer, the goods or materials supplied by the Client or any abnormal use of the defective Product ;
- normal wear and tear, the deterioration of the Product due either to negligence or to a lack of surveillance or maintenance or improper operation due in whole or in part to any person other than AERIAL SHOP PRDML;
- the defect of the Product resulting from improper use by the Customer or any third party whatsoever ;
- the failure of the Product resulting from the initiative of the Client or end-user to proceed himself or to have it performed by a third party for a modification or repair ;
- the defect of the Product resulting from the implementation on the Product for a replacement part procured from a third party.
9.8 THE PROVISIONS ABOVE DEFINE ALL OF The terms and OBLIGATIONS OF PRDML UNDER THE WARRANTY. ANY OTHER WARRANTY AND/OR REMEDY NOT EXPRESSLY PROVIDED, OF ANY NATURE WHATSOEVER, IS EXPRESSLY EXCLUDED.
ARTICLE 10 – LIABILITY
10.1. AERIAL SHOP PRDML, its contractors, sub-contractors, suppliers and their employees and respective insurers may not be liable for any indirect, incidental, consequential and/or special, regardless of the time, the origin and cause of the damage, such as loss of profit, loss of production, loss of profit, damage to brand image, damage suffered by the Customer and/or end user and/or to any third party whatsoever.
10.2 PRDML, its contractors, sub-contractors, suppliers and their employees and respective insurers may not be liable for any damages caused to the Customer and/or end user and/or any third party of any kind, due in whole or in part to the charging of batteries or use not in accordance with the regulations on drones.
10.3. The total amount and cumulative total of the compensation due by AERIAL SHOP PRDML in respect of the material damage caused to the Client during or as a result of the execution of the Order shall not exceed the amount excluding taxes of the amounts received by AERIAL SHOP PRDML for the Product at the origin of the claim.
10.4. The Customer, or its insurers, which he makes his case, waive their right to recourse, hold harmless and indemnify AERIAL SHOP PRDML, its sub-contractors, suppliers and their respective insurers of any claim made by third parties, beyond the limits of liability set forth above in sections 11.1 and 11.2.
10.5. If the Order provides for penalties for delay or performance, these are the discharge and exclusive of any other remedy to which the Customer may claim in such cases.
ARTICLE 11 - CONFIDENTIALITY
11.1. Unless otherwise provided in the Order, the Customer agrees that Prior Knowledge of AERIAL SHOP PRDML and the terms of the Order, are regarded as confidential and agrees not to disclose or to disclose to third parties, in whole or in part, in any form whatsoever, and not to make any copies, extracts, reproductions, or any form of duplication, without the prior written consent of AERIAL SHOP PRDML, for purposes other than the execution of the Order.
11.2. AERIAL SHOP PRDML undertakes not to use the Prior Knowledge of the Client for purposes other than the execution of the Order.
11.3. The Customer undertakes not to communicate the Pre-existing Knowledge of AERIAL SHOP PRDML to other members of his staff and those whose intervention is strictly necessary to the execution of the Order and/or use of Products, as well as to ensure respect by the said members, in which he vouches for, the obligations of the Order.
11.4. The Customer agrees to return to AERIAL SHOP PRDML, at its request and without delay, or on any other date or event as specified in the Order, all Prior Knowledge of AERIAL SHOP PRDML that it holds.
11.5. The Order can in no event be deemed or construed to, in a way, express or implied, as to conferring with the Parties any right of property on the Prior Knowledge of the other Party, or otherwise any right to use such information. Accordingly, the Parties agree not to claim any title or right to the previous Knowledge of the other Party, and the filing of any claim of title of the intellectual property relating to the known information.
ARTICLE 12 – INTELLECTUAL PROPERTY
12.1. The Parties remain the owners of each of their Prior Knowledge, as well as those who, after that date, will have been generated independently of the execution of the Order.
12.2. The Command does not perform any transfer, assignment or grant of right of use, total or partial, of the intellectual property rights of the Product to the Customer. Accordingly, the Customer shall refrain from any conduct, any act, any operation that would violate the intellectual property rights relating to the Product or to impair the rights of AERIAL SHOP PRDML.
ARTICLE 13 - FORCE MAJEURE
13.1. None of the Parties can not be regarded as failing to meet its contractual obligations to the extent that such failure is due to an event beyond its control and that it could not reasonably avoid or overcome, in whole or in part, and in the case of natural disasters, weather, fires, strikes (including work stoppages occurring at the premises of PRDML or its sub-contractors or suppliers), acts of sabotage, embargo and / or worsening of the embargo, interruptions or delays in transportation or means of communication, acts or regulations emanating from public authorities, civil or military (including delays in obtaining authorization or permit of any kind), war, action or omissions of a subcontractor or a supplier involving postponement of delivery.
13.2. As soon as it has knowledge of, the Party which invokes the force majeure causing a failure in the performance of a contractual obligation, must give written notification to the other Party and expected turnaround times are extended as of right for the duration of the event.
13.3. If the duration of the event of force majeure exceeds six (6) months, one or other of the Parties may terminate the portion of the Order affected by the delay due to force majeure, according to the terms specified in article 15.2. In this case, the entire Product has been completed or able to be completed and any services performed to the date of termination, shall be paid by the Customer.
ARTICLE 14 - SUSPENSION AND TERMINATION
14.1 AERIAL SHOP PRDML undertakes to execute the Orders validated on-line on the Internet site only within the limit of available stocks of Products. A lack of availability within the agreed time of one or more Products ordered(s), AERIAL SHOP AERIAL SHOP PRDML undertakes to inform the Customer as soon as possible. AERIAL SHOP PRDML must notify the Customer of the delivery date of the Products concerned by the delay estimated to the more just or the cancellation of the Order. In case of cancellation of the Order, AERIAL SHOP PRDML undertakes to reimburse the Customer no later than thirty (30) days of the cancellation of the Order of the entirety of the sums paid for the cancelled Order.
14.2 AERIAL SHOP PRDML is entitled to suspend the execution or cancel the Order in case of non-payment by the Customer of any due due. The execution may be suspended by a simple registered letter with request for acknowledgement of receipt sent by AERIAL SHOP PRDML the Client, until payment of the unpaid invoice and the time of execution of right extended for the duration of the delay of the Customer to make payment, without prejudice of any penalties for late payment, the payment is the same increased costs incurred during the suspension and default interest in accordance with article 5.2.4.
If AERIAL SHOP PRDML shall declare the suspension by application of this article, it may not be considered as a termination of the fact of AERIAL SHOP PRDML and should not give rise to compensation in favour of the Client.
ARTICLE 15 – MINOR
AERIAL SHOP PRDML does not sell Product to minors only under adult supervision a major responsibility.
ARTICLE 16 - ASSIGNMENT - SUB-CONTRACTING
No Party may transfer all or any part of its rights and obligations under the Order without the prior written consent of the other Party. AERIAL SHOP PRDML reserves the right to assign to third parties the creation and/or editing of all or part of the Product.
ARTICLE 17 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The applicable law is the French law. The Parties expressly agree that any dispute arising from the interpretation, execution or non-execution of the Order including in respect of interim measures or emergency procedures is, in the absence of settlement, or award of legal jurisdiction, the exclusive jurisdiction of the Commercial Court of Bordeaux (France).
Prices are tax included