GENERAL CONDITIONS OF USE AND SALES
GENERAL CONDITIONS OF USE AND SALES
I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
According to article 6 of the law No. 2004-575 of 21 June 2004 for confidence in the digital economy, it is specified in this article the identity of the various stakeholders in the context of its realization and its follow-up.
The site https://www.flightinspiration.com is published by:
La Boutique 75 SAS, headquartered at the following address: 122, rue des Rosiers, 93400 Saint-Ouen-Sur-Seine, France and registered at the RCS Bobigny: B 672047149.
Phone : +33 (0)1 40 12 56 70 - Email : firstname.lastname@example.org.
The publishing Director of the website is: Cedric Bayle
The site https://www.flightinspiration.com is hosted by:
Shopify Inc., headquartered at the following address:
150 Elgin St., 8th Fl - Ottawa, ON K2P 1L4 - Canada
Numéro de téléphone : +1 613 241 2828
ARTICLE 2. PRESENTATION OF THE SITE
The site https://www.flightinspiration.com has as its object:
Online sale of aeronautical decoration objects, the particularity of which is that they are created and made from materials exclusively from airplanes.
ARTICLE 3. CONTACT
For any questions or requests for information concerning the site, or any reporting of illicit content or activities, the user can contact the Publisher at the following e-mail: email@example.com or send a registered mail with acknowledgement of receipt at: La Boutique 75, 122, rue des Rosiers, 93400 Saint-Ouen-Sur-Seine, France
Access and use of the site are subject to acceptance and compliance with these terms and conditions of use.
The Publisher reserves the right to modify, at any time and without prior notice, the site and services as well as these General Conditions of Use, in particular to adapt to changes in the site by providing new functionalities or the deletion or modification of existing features.
It is therefore advisable for the user to refer before any navigation to the latest version of these General Conditions of Use, accessible at any time on the site. In the event of disagreement with these General Conditions of Use, no use of the site shall be carried out by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The Publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or discontinue access to the site or to certain pages thereof in order to make updates, changes to its content or any other action deemed necessary for the proper functioning of the site.
The connection and navigation on the site https://www.flightinspiration.com valid the acceptance of these General Conditions of Use, regardless of the technical means of access and the terminals used.
These General conditions of use shall apply, as appropriate, to any declination or extension of this internet website on existing or future social and/or community media networks.
ARTICLE 6. MANAGEMENT OF THE SITE
For the good management of the site, the Publisher can at any time:
- Suspend, interrupt or restrict access to all or part of the site, reserve access to the site, or certain parts of the site, to a specific category of Internet user.
- Delete any information that may interfere with the operation or in contravention of national or international laws, or with the rules of Netiquette Policy.
- Suspend the site in order to make updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
Access to certain services is conditioned by the user's registration.
Registration and access to the services of this site are reserved exclusively for natural persons capable, having completed and validated the registration form available online on the website of Flight Inspiration®, as well as these general terms and conditions of use.
Upon registration, the user undertakes to provide accurate, truthful and up-to-date information about his person and his/her marital status. The user must also carry out a regular verification of the data concerning him in order to keep the accuracy.
The user must therefore provide a valid email address, on which the site will send him a confirmation of his registration to his services. An e-mail address cannot be used multiple times to register for services.
Any communication made by Flight Inspiration® and its partners is therefore deemed to have been received and read by the user. The latter undertakes to consult regularly the messages received on this email address and to respond within a reasonable time if necessary.
Only one registration for the services of the site is admitted per natural person.
The user is given an identifier allowing him to access a space whose access is reserved to him (hereafter "personal space"), in addition to entering his password.
The username is definitive, while the password is editable online by the user in his personal space. The password is personal and confidential, so the user agrees not to disclose it to third parties.
Flight Inspiration® reserves in any event the possibility of refusing an application for registration in the event of non-compliance by the user with the provisions of these general conditions of use.
The registered user may at any time request his unsubscription by visiting the dedicated page in his personal space. Any unregistration of the site will be effective immediately after the user has completed the form provided for this purpose.
3. DELETION OF THE PERSONAL SPACE AT THE INITIATIVE OF THE PUBLISHER OF THE SITE
- If the user makes unlawful use of the site;
- If the user, when creating his personal space, voluntarily transmits erroneous information to the site;
In the event that the publisher decides to delete the user's personal space for any of these reasons, it cannot constitute damage to the user whose account has been deleted.
This deletion cannot constitute a waiver of the legal proceedings which the Publisher could undertake with respect to the user being contravened these rules.
ARTICLE 8. RESPONSIBILITIES
The Publisher is only responsible for the content it has edited.
The Publisher is not responsible for:
- In case of problems or technical failures or compatibility of the site with any hardware or software whatsoever ;
- Direct or indirect, material or immaterial, foreseeable or unpredictable damages resulting from the use or difficulties of use of the site or its services ;
- Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the failure to secure the information circulating therein ;
- Unlawful content or activities using its site, without having duly knowledge of it within the meaning of law No. 2004-575 of 21 June 2004 for confidence in the digital economy and law No. 2004-801 of 6 August 2004 on the protection of persons with respect to the processing of personal data.
Moreover, the site cannot guarantee the accuracy, completeness, and timeliness of the information that is disseminated there.
The user is responsible for :
- The protection of its material and data ;
- The use it makes of the site or its services;
- If he does not respect the letter or the spirit of these UGC.
ARTICLE 9. HYPERLINKS
The site may contain hypertext links pointing to other Internet sites on which Flight Inspiration® does not exercise control. Despite regular audits carried out by the Publisher, the latter declines all responsibility for the content that can be found on these sites.
The Publisher authorizes the creation of hypertext links to any page or document of its website provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, the prior agreement of the site's editor is necessary before any hypertext link is set up.
The sites which disseminate information of an unlawful, violent, controversial, pornographic, xenophobic nature or which may impair the sensitivity of the largest number are excluded from this authorisation.
Lastly Flight Inspiration® reserves the right to have a hypertext link to its website deleted at any time, if the site deems it to be non-compliant with its editorial policy.
ARTICLE 10 : CONFIDENTIALITY
ARTICLE 11. INTELLECTUAL PROPERTY
The structuring of this website but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the Publisher and are protected as such by the laws in force under the property Intellectual.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written permission of the Publisher, is prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 and following of the intellectual property code.
Access to the site is not a recognition of a right and, in General, does not confer any intellectual property rights relating to any element of the site, which remain the exclusive property of the Publisher.
The user is prohibited from introducing any data on the site that would modify or could alter its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
These general terms and conditions of use are governed by French law. In case of dispute and in the absence of amicable agreement, the dispute shall be brought before the French courts in accordance with the rules of jurisdiction in force.
II. GENERAL CONDITIONS OF SALE
The site is published by the company: LA BOUTIQUE 75 SAS, whose registered office is located at the following address:
122, rue des Rosiers
and registered with the RCS Bobigny: B 672047149.
Intra-community identification number: FR 48672047149
The following provisions are intended to define the General conditions of sale of the site https://flightinspiration.com
These General Conditions of Sale define the contractual rights and obligations of the seller and his client in the context of a distance sale and by electronic means of goods and products.
These General Conditions of Sale exclusively govern the relationship between the seller and the customer.
These General Conditions of Sale express the full obligations of the parties. The customer is deemed to accept them without reservation, otherwise his order will not be validated.
In case of doubt on any of the conditions of sale, the practices in force in the sector of the distance selling by companies whose head office is in France and the consumer code apply.
The seller reserves the right to modify the terms of the general conditions of sale on an ad hoc basis. The changes will be applicable as soon as they are posted online.
ARTICLE 1. ONLINE CATALOGUE OR SHOP
Through the site, the seller provides the customer with a catalogue or an online shop that accurately presents the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the liability of the seller may not be incurred as a result.
The products are offered within the limit of available stocks.
The prices and taxes related to the sale of the products are specified in the catalogue or the online shop.
ARTICLE 2. PRICES
The seller reserves the right to modify its prices at any time by publishing them online.
Only the applicable tariffs indicated at the time of ordering will apply, subject to availability of the products on that date.
Prices are quoted in euros (excluding taxes and all taxes included) and do not take into account the delivery charges, which are charged in addition. The delivery costs are indicated before the order is validated by the customer.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected on the price of the products of the catalogue or the online shop. If one or more taxes or contributions, particularly environmental, were to be created or modified, up and down, this change may be reflected in the sale price of the products.
The total amount of the order (including all taxes) and shipping costs included is indicated before final validation of the order form.
Payment of the entire price must be made when ordering.
ARTICLE 3. ORDER ONLINE
The customer has the option to fill out an order form on-line, using an electronic forms. By filling out the electronic form, the customer accepts the price and description of the products.
The customer will have to accept by clicking at the indicated place, these General Conditions of Sale, so that his order is validated.
The customer will have to give a valid email address and delivery address and acknowledges by these General Conditions of Sales that any exchange with the seller can intervene by means of this address.
The customer will also have to choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of default of payment, incorrect address or any other problem on the client's account, until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDERE
This is an order with obligation to pay, which means that the placing of the order implies a payment from the customer.
The customer makes the payment at the time of the final validation of the order by specifying its credit card number.
The Customer warrants to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale as well as the chargeability of sums due under the order.
In the event of a dispute or fraudulent use of the credit card without the physical use of the credit card (use of the No. of the credit card), any person may contest within 70 days from the date of the transaction by submitting a claim on the following terms, so that the seller will bear the costs of the sale and return the disputed sum:
By phone from Monday to Friday from 9am to 7pm at the following phone number: +33 (0)1 40 12 56 70. By email: firstname.lastname@example.org. By post writing at: LA BOUTIQUE 75 - 122, rue des Rosiers 93400 Saint-Ouen-SUR-SEINE, FRANCE
Any dispute not made in the rules defined above and within the time limits may not be taken into account and will relieve the seller of any liability.
The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal to authorise payment by credit card from accredited bodies or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who would not have settled a previous order or with which a payment dispute would be in progress.
Upon receipt of the validation of the purchase and payment by the customer, the seller transmits to the latter, on the e-mail address which he has specified, confirmation of receipt of the order form
The seller is obliged to send an invoice to the customer upon delivery.
The customer can request the invoice to be sent to a different address than the delivery one by sending a request to the customer service (see contact details below) before delivery.
In case of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order of this product and reimburse the related price, the remainder of the order remains firm and definitive.
The customer can always assert his right of withdrawal within 14 days from the moment when the information concerning the unavailability of the product has been addressed to him.
For any questions relating to the follow-up of an order, the customer can contact the customer service at the following coordinates:
By phone from Monday to Friday from 9am to 7pm at this phone number : +33 (0)1 40 12 56 70 or by email:
By postal mail in writing to: LA BOUTIQUE 75, 122, rue des Rosiers, 93400 Saint-Ouen-Sur-Seine, FRANCE.
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of law No. 2000-230 of 13 March 2000, the online supply of the buyer's credit card's number and the final validation of the order are proof of the customer's agreement, the chargeability of the sums due under the order form, signature and express acceptance of all the transactions carried out.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders and payments between the customer and the seller may be proven through computerized registers, stored in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium, including as evidence.
ARTICLE 7. METHOD OF PAYMENT
All payment methods made available to the customer are listed on the seller's website. The Customer warrants to the seller that he has the necessary authorizations to use the payment method chosen by him when placing an order.
ARTICLE 8. DELIVERY
Delivery is made only after confirmation of payment by the seller's banking organisation.
The products are delivered to the address indicated by the customer on the online form worth of order, the customer must ensure its accuracy.
Any parcel returned to the seller due to an incorrect or incomplete delivery address will be forwarded at the customer's expense.
Except in case of force majeure, the delivery takes place, according to the mode chosen by the customer.
1. DELAYED DELIVERY AND DENUNCIATION
In case of delayed delivery, the seller will inform the customer, who can denounce the contract and ask to be refunded within 14 days from this information.
The total refund of the product and the delivery or forwarding costs, if any, is then carried out.
This denunciation of the contract shall be addressed in the following manner:
By phone from Monday to Friday from 9am to 7pm + 33 (0)1 40 12 56 70 or by email to the following address: email@example.com or by postal mail at: La Boutique 75, 122, rue des Rosiers, 93400 Saint Ouen, FRANCE.
Any denunciation not carried out in the rules defined above and within the time limits may not be taken into account and will relieve the seller of any responsibility towards the customer.
2. CHECKING THE ORDER
If at the time of delivery, the original packaging is damaged, torn, opened, the customer must check the condition of the products. If they have been damaged, the purchaser must imperatively refuse the envelope or parcel and note a reservation on the delivery slip.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered to be carried out when the customer, or a person authorized by him, has signed the delivery order.
The customer shall, if necessary, inform the seller of his reserves in the following ways :
By phone from Monday to Friday from 9am to 7pm: +33 (0)1 40 12 56 70 or by email at : firstname.lastname@example.org
or postal mail at: LA BOUTIQUE 75, 122, rue des Rosiers, 93400 Saint Ouen,,FRANCE.
Any reservation not made in the rules defined above and within the time limits may not be taken into account and will relieve the seller of any responsibility towards the customer.
Upon receipt of the claim, the seller will assign an exchange's number for the product (s) concerned and will communicate it by e-mail to the customer.
3. DELIVERY ERROR
In the event of an error of delivery and/or non-conformity of the products in relation to the indications appearing on the purchase order, the customer shall make his claim with the seller on the day of delivery or no later than the first business day following delivery.
The claim may be made in the following ways:
By phone from Monday to Friday from 9am to 7pm: +33 (0)1 40 12 56 70. By email to the following address: email@example.com
By postal mail at: LA BOUTIQUE 75 - 122, rue des Rosiers, 93400 Saint Ouen, FRANCE.
Any claim not made in the rules defined above and within the time limits may not be taken into account and will relieve the seller of any liability to the customer.
4. ORDER RETURN
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in the following manner:
Product returned by post followed within 15 days from the date of delivery of the order to the following address: LA BOUTIQUE 75, -122, rue des Rosiers, 93400 Saint Ouen, FRANCE.
Any claim or return not made in the rules defined above and within the time limits may not be taken into account and will relieve the seller of any responsibility towards the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The cost of the return is borne by the customer.
ARTICLE 9. PRODUCT UNAVAILABILITY AND REIMBURSEMENT
In case of unavailability of a product ordered, the customer will be informed by e-mail.
The customer will have the possibility to cancel his order and thus will have the choice between the repayment of the sums by him paid within 30 days of their payment, or the exchange of the product.
ARTICLE 10. RIGHT OF WITHDRAWAL
The customer may assert his right of withdrawal and return of the product within 14 working days after delivery.
The customer will assert his right of withdrawal by contacting customer service:
By phone from Monday to Friday from 9am to 7pm: +33 (0)1 40 12 56 70 By email at : firstname.lastname@example.org
By postal mail at: LA BOUTIQUE 75, 122, rue des Rosiers 93400 Saint Ouen, FRANCE.
After communicating its decision to retract, the customer then has 14 days to return or return the goods.
Any retraction or return not made in the rules defined above and within the time limits may not be taken into account and will relieve the seller of any responsibility towards the customer.
The customer may request the Exchange or refund of the returned product, without penalty, with the exception of the return costs which remain at its expense.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original state, in particular with a complete packaging, intact and in a good sales condition.
Certain products, because of their intrinsic quality, may not be subject to the right of withdrawal and cannot be reimbursed, in particular but not exclusively, the products covered by article L. 121-21-8 of the consumer code, namely:
- Any custom product (engraving customization)
The seller shall reimburse the customer for all sums paid, including delivery charges, within 14 days of the recovery of the goods or the transmission of proof of the shipment of such goods.
ARTICLE 11. FORCE MAJEURE
The Parties shall be exempt from their obligations in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code preclude their execution. The obligations of the parties will be suspended.
The party invoking such a circumstance shall inform the other party immediately of its occurrence and disappearance.
Cases of force majeure are all compelling and unpredictable facts or circumstances which cannot be prevented by the latter, despite all reasonable efforts, defined as such by the jurisprudence French and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunication networks.
If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the aggrieved party.
ARTICLE 12. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will keep all their strength and their scope.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is installed in France in a stable and sustainable manner to effectively carry out its activity, irrespective of whether, in the case of a legal person, the place of establishment of its head office.
Also, these General Conditions of Sales are subject to the application of French law, excluding the provisions of the Vienna Convention.
In case of dispute or complaint, the customer will first address the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the Court of his choice and if he contracts as a professional, may initiate proceedings before the Court of the place of the registered office of salesman.