Between the Company AIRTRACK FRANCE SARL LTD operating for the site AIRDOCK France (https://airdockfr.com).
Kemp House, 160 City Road, London, EC1V 2NX, UNITED KINGDOM
Registered in UNITED KINGDOM, Number 12934230
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter referred to as the “Seller” or the “Company”. On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as “the Buyer” or “the Customer” on the other hand,
It has been explained and agreed as follows:
PREAMBLE
The Vendor is the publisher of AIRDOCK FRANCE’s Products and Services for consumers, marketed via its Internet sites (https://airdockfr.com ). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services through the Company’s websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who has accepted them before placing an order.
The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions applicable shall be those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company’s website at the following address: https://www.airdockfr.com/cgv/.
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
Unless otherwise stated on invoice:
The prices of products sold through the websites are indicated in Euros, inclusive of all taxes, and are precisely determined on the product description pages. The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company’s websites are at the Customer’s expense.
Prices include delivery to the following countries: France, Spain, Italy, Germany, Luxembourg, Belgium, Netherlands, Monaco, Andorra, Poland, Slovenia, Denmark.
Article 4: Conclusion of an online contract
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps in order to conclude the contract by electronic means: ; Information on the essential characteristics of the Product ; Choice of the Product and, where applicable, its options – Indication of the Customer’s essential contact details (identification, email, address, etc.) ; Acceptance of these General Terms and Conditions of Sale ; Verification of the order details (double-click formality) and, where applicable, correction of any errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors, or cancel the order. Confirmation of the order will result in the formation of the present contract ; Next, payment instructions, payment for the products, then delivery of the order. The Customer will receive confirmation of payment by e-mail, as well as an acknowledgement
of receipt of the order confirming it. The customer will also receive a .pdf copy of these general terms and conditions of sale.
During the ordering process, the customer will have the opportunity to identify and correct any data entry errors. The language proposed for the conclusion of the contract is the French language.
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company’s websites, as are, where applicable, the product’s instructions for use. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by marking, labeling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is that in force on the day the order is placed, and does not include shipping costs, which are invoiced in addition. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Vendor reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not immediately available, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of delivery charges, payment, delivery and contract performance terms, as well as detailed information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale. The Vendor undertakes to honour the Customer’s order within the limits of available stocks of Products only. If the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Vendor will reimburse the Customer.
Contractual information is presented in detail and in the French language. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company’s websites, as well as the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated).
Article 6: Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these GTCs comply with current regulations relating to the health and safety of persons, the fairness of commercial transactions and consumer protection. Irrespective of any commercial warranty, the Vendor remains liable for defects in conformity and hidden defects in the product.
In accordance with article L.217-4, the Vendor delivers goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested as follows: by email to contact@airdockfr.com.
Article 7: Retention of title
Products remain the property of the Company until full payment has been received.
Article 8: Delivery terms
Products are delivered to the delivery address indicated at the time of ordering and within the times indicated (between 3 and 5 working weeks). These times do not include the time required to prepare the order. When the customer orders several products at the same time, these may have different delivery times, and will be dispatched using the following methods: DHL, TNT, FEDEX, or any other private carrier. In the event of late shipment, no financial penalty may be requested by the customer. The seller is free to define (or not) a compensation. In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code. The Vendor will then reimburse the product and the “outward” costs in accordance with Article L 138-3 of the French Consumer Code. The Vendor provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email, to ensure that the order is followed up. The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 9: Availability and presentation
If an item is unavailable for more than 30 working days, you will be informed immediately of the expected delivery times, and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article, or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. Payment may be made by credit card or cheque. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted and cannot be read during transport on the Internet. Once payment has been initiated by the customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw from the contract without giving any reason, within fourteen (14) days of receipt of the order. The right of withdrawal may be exercised by contacting the Company as follows: by e-mail at contact@airdockfr.com. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the cost of shipping will be reimbursed, with the cost of returning the product(s) remaining at the customer’s expense. Products must be returned in their original condition and complete (packaging, accessories, instructions); if possible, they should be accompanied by a copy of the purchase receipt.
Article 12: Warranties
In accordance with the law, the Seller assumes the following warranties: of conformity and of hidden defects. The Vendor will refund the purchaser or exchange products that appear to be defective or do not correspond to the order placed. Requests for refunds should be made as follows: by e-mail to contact@airdockfr.com. The Seller points out that the consumer: ; has a period of 2 years from the date of delivery of the goods in which to take action against the Seller; may choose between replacement and repair of the goods, subject to the conditions set out in the above-mentioned provisions. apparently defective or not corresponding; is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period will be extended to 24 months from March 18, 2016, except in the case of second-hand goods; the consumer may also invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price (provisions of article 1644 of the French Civil Code).
Article 13: Complaints and mediation
Should the need arise, the Buyer may submit any complaint by contacting the company at the following address: contact@airdockfr.com.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is hereby informed that he/she may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code.
If the consumer’s request to the Seller’s customer service department fails, or if there is no response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to reach an amicable solution.
Article 14: Termination of the contract
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases: – delivery of a product which does not conform to the characteristics of the order; – delivery beyond the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment; – unjustified price increase or modification of the product. In such cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
Article 16: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Invalidity and amendment of the contract
Should any of the stipulations of the present contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data, the purpose of which is the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the data controller and, where applicable, of the data controller’s representative: the Vendor, as indicated at the top of these GTS; – the contact details of the data protection officer: contact@airdockfr.com – the legal basis of the processing: contractual performance – the data controller’s representative: the Vendor, as indicated at the top of these GTS.
the recipients or categories of recipients of personal data, if any: the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question – no transfers outside the EU are envisaged – the data retention period : The data subject has the right to ask the data controller for access to, rectification or erasure of his or her personal data, or for the processing of data relating to him or her to be restricted, or the right to object to processing and the right to data portability – the data subject has the right to lodge a complaint with a supervisory authority – the information requested at the time of ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18: Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
Article 19: Consumer information
For the purposes of consumer information, the provisions of the French Civil Code and Consumer Code are reproduced below:
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he known of them.
Article 1648 of the French Civil Code: Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; – if it presents the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code: Action resulting from a lack of conformity is barred after two years from the date of delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
