General terms and conditions of sale

GENERAL CONDITIONS OF SALE (PRODUCTS) – INTERNET

As of 15/01/2023

ARTICLE 1 – Scope of application

The present General Conditions of Sale apply, without restriction nor reserve to the whole of the sales concluded by the SARL Air Sports Chamonix near consumers and nonprofessional purchasers wishing to acquire the products proposed with the sale by the Salesman on Internet site www.airsportschamonix.fr. They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers. The Products are the Seller’s Products offered for sale on its website.

The main characteristics of the Products are presented on the website www.airsportschamonix.fr

The Customer is required to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Internet site airsportschamonix.fr are not contractual and could not engage the responsibility for the Salesman.

The Customer must refer to the description of each Product in order to know its properties and essential characteristics.

Product offers are subject to availability, as specified when the order is placed.

The Seller’s contact information is as follows:

SARL Air Sports Chamonix

24 Avenue de la plage

74400 Chamonix Mont Blanc

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions of Sale are accessible at any time on the website www.airsportschamonix.fr and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares to have read the present General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the website www.airsportschamonix.fr

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all his personal data by writing, by mail and proving his identity, to the address of the Seller.

The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website www.airsportschamonix.fr

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and under the sole responsibility of the Customer.

ARTICLE 2 – Orders

It is up to the Customer to select on the website www.airsportschamonix.fr the Products he/she wishes to order, according to the following modalities:

Process of purchasing an item:

• Choose your product, size, color
• Click on “order”.
• Choose your delivery type
• Choose your payment type
• Proceed to payment

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale shall be considered final only after the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after the Seller has received the full price.

For orders placed exclusively on the Internet, the registration of an order on the Provider’s website is completed when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes a proof of the sales contract.

It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website www.airsportschamonix.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the evolution of his order on the website www.airsportschamonix.fr

The Seller reserves the right to refuse orders of the same Product in large quantities.

ARTICLE 3 – Rates

The Products are supplied at the prices in force appearing on the Internet site www.airsportschamonix.fr, at the time of the recording of the order by the Salesman. The prices are expressed in Euros, all taxes included.

The prices take into account possible discounts that would be granted by the Seller on the website www.airsportschamonix.fr

These prices are firm and non-revisable during their period of validity, as indicated on the website www.airsportschamonix.fr, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website www.airsportschamonix.fr and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon – receipt of payment – delivery of the ordered Products.

ARTICLE 4 – Terms of payment

Payment must be made at the time of the online order by the Buyer. At no time, the sums paid can be considered as deposits or down payments.

All orders are payable in Euros, including all taxes and compulsory contributions.

To pay his order, the Buyer has the following payment methods: credit card, transfers in the conditions detailed below.

The credit cards accepted on the website www.airsportschamonix.fr are the following: Carte Bleue, Visa, and Master Card.

The Buyer guarantees to Air Sports Chamonix that he/she has the necessary authorizations to use the method of payment that he/she will have chosen for his/her order, during the registration of his/her order form.

Air Sports Chamonix reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Buyer, in the event of incident of payment, or in the event of fraud or attempt of fraud relating to the use of the Internet Site of Air Sports Chamonix

Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to the unpaid amounts at the end of a period of ten days following the date of payment or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions hereof.

Air Sports Chamonix reserves the right to ask for a photocopy of the identity card and/or if necessary of the bank card (front only) of the Buyer for any payment by bank card.

Within the framework of the fight against the frauds on Internet, the information relating to your order could be transmitted to any third party authorized by the law or indicated by Air Sports Chamonix for the only purposes of checking the identification of the Purchaser of the validity of the order, the method of payment used and the envisaged delivery.

When a means of payment is issued by a banking institution, only those issued by a banking or financial institution authorized to operate in France are accepted by Air Sports Chamonix.

In order to ensure the safety of the payment by bank card, the Buyer will have to transmit to Air Sports Chamonix the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.

Air Sports Chamonix uses a secure payment tool, called SystemPay from the Caisse d’Epargne. The security of the payment is based on the authentication of the Buyer, and on the confidentiality of the entire data. To ensure this security, Systempay uses proven encryption techniques via the SSL protocol and complies with the various banking regulations applicable in France.

ARTICLE 5 – Deliveries and reception

5.1 Terms of delivery

5.1.1 General rules

The products which are the subject of a definitive order from the Buyer under the conditions described in article 3.3 above will be delivered to the address indicated by the Buyer on the order form, only in metropolitan France (including Corsica), for the foreign countries please contact us to establish an estimate.

By default, the invoices of purchase are addressed by electronic mail to the e-mail address indicated by the Purchaser at the time of his registration on the Site of Air Sports Chamonix.

Failure to comply with the contractual terms and conditions described below will result in no claim by the Buyer.

5.1.2 Characteristics of the delivery “Colissimo Suivi” of the Post Office

Upon delivery, a delivery note or acknowledgement of receipt must be signed by the Buyer or the recipient of the ordered products. In case of absence, the Buyer or the recipient of the order receives a notice of passage, allowing him to withdraw the ordered products at the nearest post office indicated in the notice of passage, during a period of fifteen days.

The Buyer or the recipient of the ordered products is invited to check the apparent state of the products upon delivery.

In the presence of apparent anomaly (damage, missing product compared to the delivery order, damaged or broken package or product, etc.) noted at the time of the delivery in the presence of the employee of the Post Office, the Purchaser or the recipient of the ordered products is held to apply the procedure Colissimo of the Post office, in particular by announcing the damage or lacks noted and by formulating all complaints and reserves and to refuse the delivery by emitting immediately a report of anomaly near the employee of the Post office (report 170).

The Buyer or the recipient of the ordered products has a period of 3 clear days as from the reception of the order to notify the carrier, by registered letter with acknowledgement of receipt, of any incident relating to the state or the contents of the delivered package. He is also invited to report the problem to Air Sports Chamonix by email: shop@airsportschamonix.fr.

5.2 Delivery times

No minimum delivery time

The delivery times, following validation of your order under the conditions described in Article 3.3 above, are as follows:

• Colissimo Suivi de la POSTE : less than or equal to 5 working days

In case of exceeding these deadlines exceeding 7 days and not due to a case of force majeure, the Buyer will have the possibility of cancelling his order by registered letter with request for acknowledgement of receipt addressed to the coordinates indicated in the heading “Contact us” of the Internet site www.airsportschamonix.fr. Air Sports Chamonix will then proceed to an investigation with the concerned carrier before refunding the ordered products not delivered.

The Buyer may exercise this option to cancel his order for failure to deliver within the contractual period, within a maximum period of sixty working days from the exceeding of the maximum period indicated for the delivery of products. The totality of the sums paid by the Purchaser will then be restored to him if the entirety of the order is returned, in the form of a credit note or refund, at the choice of the Purchaser, as soon as possible and at the latest within thirty days following the date on which the Purchaser exercised his right to obtain the cancellation of his order.

ARTICLE 6 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Seller’s Products to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be made at the time the Customer takes physical possession of the Products. The Products travel at the risk of the Seller.

ARTICLE 7 – Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 5 days of the notification to the Seller of the Customer’s decision to withdraw.

The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their return to the market in new condition, accompanied by the purchase invoice.

Opened, damaged, soiled or incomplete Products are not accepted.

The right of withdrawal can be exercised by sending an email to shop@airsportschamonix.fr, in which case an acknowledgement of receipt will be sent to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.

In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased will be reimbursed, the delivery and return costs remaining at the Customer’s expense.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer in accordance with the conditions set forth in this article.

This right of withdrawal cannot be applied to products with particular specifications of the Buyer.

ARTICLE 8 – Seller’s liability – Warranty

The Products sold on the Internet site www.airsportschamonix.fr are in conformity with the regulations in force in France.

The Products supplied by the Vendor shall benefit from the right of withdrawal by right and without additional payment, in accordance with the legal provisions,

– the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,

– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

under the conditions and according to the modalities mentioned in the box below and defined in the appendix to the present General Sales Conditions (Guarantee of Conformity / Guarantee of Hidden Defects).

It is reminded that within the framework of the legal guarantee of conformity and within the limits of the consumption periods indicated on the products sold, the Customer

– has a period of two years from the delivery of the goods to act against the Seller;

– may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article
L 217-9 of the Consumer Code
;

– is exempted from proving the existence of the defect of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months as of March 18, 2016.

The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product.

The Customer may decide to implement the warranty against hidden defects in the Product in accordance with
article 1641 of the Civil Code
in which case he/she may choose either to terminate the sale or to reduce the purchase price in accordance with
1644 of the Civil Code
.

In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum of 14 days from the delivery of the Products or the existence of hidden defects within the above-mentioned time limits and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).

Seller will refund or replace Products under warranty found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products found to be non-conforming or defective shall be made as soon as possible and at the latest within 5 days of the Seller’s finding of the non-conformity or hidden defect.

The refund will be made by crediting the Customer’s bank account or by bank transfer.

The responsibility of the Seller shall not be engaged in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

– in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of exceeding the consumption date of the Product, accident or force majeure.

The Seller’s warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.

ARTICLE 9 – Information Technology and Civil Liberties

In application of the
law 78-17 of January 6, 1978
In accordance with the French law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and the establishment of the invoices, in particular.

This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website www.airsportschamonix.fr has been declared to the CNIL.

The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.

This right can be exercised under the conditions and according to the methods defined on the website www.airsportschamonix.fr

ARTICLE 10 – Intellectual Property

The content of the website www.airsportschamonix.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

In addition, Seller retains ownership of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., made (even at Customer’s request) for the purpose of providing the Services to Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may be conditional on a financial consideration.

ARTICLE 11 – Anticipation

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article
1195 of the Civil Code
the Party who has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its counterparty.

ARTICLE 12 – Enforcement in Kind

In the event of a default by either Party, the defaulting Party shall have the right to demand specific performance of its obligations hereunder. In accordance with the provisions of Article 1221 of the Civil CodeIn the event of a default, the creditor of the obligation may pursue such forced performance after a simple formal notice, addressed to the debtor of the obligation by registered letter with acknowledgement of receipt, which has remained unsuccessful, unless such performance proves impossible or if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.

ARTICLE 13 – Force majeure

The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, as defined in Article
1218 of the Civil Code
.

The party noting the event shall immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no event be a cause of liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary – and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a duration of 30 days, the present contract will be purely and simply resolved according to the terms defined in the article “Resolution for force majeure”.

ARTICLE 14 – Resolution of the contract

The defaulting Party may, notwithstanding the clause Resolution for failure of a Party to perform its obligations set forth below, in the event of sufficiently serious non-performance of any of the obligations incumbent upon the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract, 5 days after receipt of a formal notice to perform which has remained unsuccessful, in application of the provisions of Article
1224 of the Civil Code
.

Termination by operation of law due to force majeure, notwithstanding the clause Termination for failure of a party to meet its obligations set out below, may only take place 5 days after receipt of a formal notice served by registered letter with acknowledgement of receipt or any extrajudicial act.

However, such notice shall state the intention to enforce this clause.

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement shall be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article
1344 of the Civil Code
.

ARTICLE 15 – Applicable Law – Language

The present General Conditions of Sale and the operations which result from them are governed and subjected to the French law.

The present General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 16 – Disputes

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.

The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. consom. art. L 612-1) or to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In the event of a dispute between the Customer and the company, the latter shall endeavor to resolve it amicably (the Customer shall address a written complaint to the Customer Relations Department of the Manufacturer or that of the Vendor).

In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer within the meaning of Article L.133-4 of the French Consumer Code has the possibility of seizing, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Commission d’évaluation et de contrôle de la médiation de la consommation (Commission for the evaluation and control of consumer mediation) pursuant to Article L.615-1 of the Consumer Code.

The framework agreement on which the professional depends is being validated by the CECMC, the designated mediator is

PROFESSIONAL MEDIATION COMPANY

https://www.mediateur-consommation-smp.fr/procedure-acces-mediation/Médiateur-Consommation-smp

24, rue Albert de Mun

33000 Bordeaux

ARTICLE 17 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L 221-5 of the Consumer Code including the following information:

– the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;

– the price of the Products and related costs (e.g. delivery);

– in the absence of immediate execution of the contract, the date or period within which the Seller undertakes to deliver the Product;

– information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,

– information on legal and contractual guarantees and their implementation modalities;

– the functionalities of the digital content and, where appropriate, its interoperability;

– the possibility of resorting to conventional mediation in the event of a dispute;

– information on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the cost of returning the Products, the terms of cancellation and other important contractual conditions;

– the accepted means of payment.

The fact that a natural person (or legal entity) orders on the website www.airsportschamonix.fr implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

ANNEX I

– Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is obliged to deliver a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

To conform to the contract, the property must:

– Be fit for the purpose ordinarily expected of similar property and, if applicable :

– correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model

– have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling

– Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this is later than the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEX II

– Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on
www.airsportschamonix.fr
except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

To the attention of

SARL Air Sports Chamonix

24 Avenue de la plage

74400 Chamonix Mont Blanc

I hereby give notice of withdrawal from the contract for the following services:

– Ordering the “Date

– Order number: …………………………………………………..

– Customer name: …………………………………………………………………

– Customer address: ……………………………………………………………..

Signature of the Client (only if this form is notified on paper) :

GENERAL TERMS AND CONDITIONS OF SALE (COURSE AND TANDEM) – INTERNET

ARTICLE 1 – Scope of application

The present General Conditions of Sale apply, without restriction nor reserve to any purchase of the services of training courses or paragliding flights proposed by the SARL Air Sports Chamonix to the consumers and non-professional Customers. Air Sports Chamonix SARL acts in the name and on behalf of the paragliding instructors who provide the services sold.

For travel courses, registrations are made through a travel agency, refer to the general conditions of sale of this agency.

The products are those offered for sale by the Seller on the website www.airsportschamonix.fr. The present general terms and conditions of sale specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers. The Products offered for sale on the website www.airsportschamonix.fr are the following:

• Initiation course
• Progression course
• Cross country course
• Mountain course
• Travelling course
• Discovery flights and first flight

For all the trainees supervised in Air Sports Chamonix school, the Provider is obliged to take a FFVL and RCA (air liability) license. The Seller can nevertheless propose a complementary insurance managed by the French Federation of Free Flight and whose details are available on their website (ffvl.fr).

Any authorization of flight in training course is subjected to the validation of the instructor and according to the progression of the learning of the Customer.

The equipment is provided by the Provider. Any loss or damage will be the responsibility of the Customer.

For the initiation course, the contract is: 34 hours of training spread over 5 days, whose content will be adapted to the weather conditions and the level of the students. For the more advanced courses, the program is also adapted according to the weather conditions.

No number of flights is guaranteed at the end of the course.

At the end of the week, the rate can be revised in case of bad weather, if the number of hours of training could not be respected.

For two-seater flights, flight times are given as an indication and the landing place is not guaranteed.

These flights come with a “photos and video” option. The price charged 30 euros . Clients do not have a choice of instructor or take-off site for this service. (The choice is made in order to optimize the flight according to the weather conditions)

The tandem flight can be refused by the instructor depending on the safety conditions. In this case, it will be necessary to refer to the “force majeure” articles

The Customer must have a suitable outfit as specified on the website. The Customer must provide any useful information on his or her state of health or any precautions to be taken during the flight to ensure that the flight takes place in the best conditions. The requirements are specified on the website of the French Federation of Free Flight (ffvl.fr).

Transportation to the take-off site is not included in the Service and cannot be discounted in case it is not realized.

The Seller’s contact information is as follows:

SARL Air Sports Chamonix

24 avenue de la plage

74400 Chamonix Mont Blanc

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions of Sale are accessible at any time on the website www.airsportschamonix.fr and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares to have read the present General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general terms and conditions of use of the website www.airsportschamonix.fr

These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all his personal data by writing, by mail and proving his identity, to the address of the Seller.

The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges that he has the required capacity to contract and acquire the Services offered on the website www.airsportschamonix.fr

ARTICLE 2 – Orders

It is up to the Customer to select on the website www.airsportschamonix.fr the Services he wishes to order.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

The offers of services are valid as long as they are visible on the site, within the limits of available stocks.

Except in exceptional cases, the sale shall be considered final only after the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after the Customer has collected the full price.

For orders placed exclusively on the Internet, the registration of an order on the Provider’s website is completed when the Customer accepts these Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes a proof of the sales contract.

It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website www.airsportschamonix.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

The Customer will be able to follow the evolution of his order on the website www.airsportschamonix.fr

The Seller reserves the right to refuse orders for the same Service in large quantities.

For two-seater flights, the Service can be purchased directly in the form of a flight or by means of either a gift voucher usable for one year or a gift voucher mentioning a date and a time.

For these flights the purchase can also be done directly in the store or by phone or on our website www.airsportschamonix.fr

ARTICLE 3 – Rates

The Services are provided at the rates in effect on the website www.airsportschamonix.fr, at the time the order is placed by the Seller. Prices are in Euros and include VAT (the course and local union tandem part is not subject to VAT)

The prices take into account possible discounts that would be granted by the Seller on the website www.airsportschamonix.fr

These prices are firm and non-revisable during their period of validity, as indicated on the website www.airsportschamonix.fr. The Seller reserves the right, outside this period of validity, to modify the prices at any time.

For internships The payment corresponds to a deposit of approximately 15 to 20% depending on the product. These deposits can only be refunded if the cancellation is made by Air Sports Chamonix. In case of cancellation by the client, the deposit will be reimbursed only if the cancellation occurs at least 15 days before the course.

For other products, the payment requested from the Customer corresponds to the total amount of the purchase, including fees.

For direct purchases on the tandem scheduleA systematic refund will be made in case of non realization of the flight due to weather conditions (and only in this case).

Modification or cancellation of a service at the request of the customer:

Cancellation:

• With 72 hours notice: 100% refund
• less than 72 hours before: no refund

Advance the date or time:

• free of charge if there is availability on the schedule.

Reschedule a flight to a later date:

• With 72 hours notice: no charge
• less than 24 hours before: not possible.

With the cancellation option subscribed: cancellation or modification of flight possible without charge until 6 hours before the flight.

In the event of a refund, the amount of the cancellation insurance is not refunded.

Cancellation or modification of a service at the request of Air Sports, there is a 100% refund of the sums paid to Air Sports.

For gift certificatesNo refund can be requested. They are nominative.

For purchases on the Internet, the invoice is validated immediately and automatically, in the store, an invoice is established by the Seller and given to the Customer upon receipt of payment.

ARTICLE 4 – Terms of payment

Payment must be made at the time of the online order by the Buyer. At no time, the sums paid can be considered as deposits or down payments.

All orders are payable in Euros, including all taxes and compulsory contributions.

To pay his order, the Buyer has the following payment methods: credit card, paypal in the conditions detailed below.

The following credit cards are accepted on the Air Sports Chamonix website: Carte Bleue, Visa, and Master Card.

The Buyer guarantees to Air Sports Chamonix that he/she has the necessary authorizations to use the method of payment that he/she will have chosen for his/her order, during the registration of his/her order form.

Air Sports Chamonix reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the Buyer, in the event of incident of payment, or in the event of fraud or attempt of fraud relating to the use of the Internet Site of Air Sports Chamonix

Penalties of an amount equal to the legal interest rate increased by five points are automatically applicable to the unpaid amounts at the end of a period of ten days following the date of payment or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions hereof.

Air Sports Chamonix reserves the right to ask for a photocopy of the identity card and/or if necessary of the bank card (front only) of the Buyer for any payment by bank card.

Within the framework of the fight against the frauds on Internet, the information relating to your order could be transmitted to any third party authorized by the law or indicated by Air Sports Chamonix for the only purposes of checking the identification of the Purchaser of the validity of the order, the method of payment used and the envisaged delivery.

When a means of payment is issued by a banking institution, only those issued by a banking or financial institution authorized to operate in France are accepted by Air Sports Chamonix.

In order to ensure the safety of the payment by bank card, the Buyer will have to transmit to Air Sports Chamonix the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.

Air Sports Chamonix uses a secure payment tool called SystemPay from the Caisse d’Epargne. The security of the payment is based on the authentication of the Buyer, and on the confidentiality of the entire data. To ensure this security, SystemPayde la Caisse d’Epargne uses proven encryption techniques via the SSL protocol and complies with the various banking regulations applicable in France.

ARTICLE 5 – Provision of Services

The Services ordered by the Customer shall be provided as far as possible on the date indicated and selected by the Customer.

If this is not the case, the Provider may offer, at its discretion, an extension or a refund for the training courses. For two-seater flights another date, a gift voucher or a refund will be offered.

ARTICLE 6 – Right of withdrawal

The Customer has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from the Provider and cancel his order, without having to justify reasons or pay penalties, for exchange or refund, unless the execution of the services has begun, with the agreement of the Customer, before the end of the withdrawal period.

The right of withdrawal can be exercised by mail using the withdrawal form attached and also available on the website www.airsportschamonix.fr, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Provider, or any other statement, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Provider either by mail or by email mentioning the order concerned by this withdrawal.

In case of exercising the right of withdrawal within the above-mentioned period, only the price of the ordered Services will be refunded.

The reimbursement of the sums effectively paid by the Customer will be made within a maximum of 1 month from the date of receipt by the Provider of the notification of the Customer’s withdrawal.

After this period, any withdrawal less than three weeks before the date or the period selected will not be refunded.

Services ordered within 14 days by the Customer will not benefit from the right of withdrawal.

These last Services will be concluded in a definitive way as soon as the order is placed by the Customer according to the methods specified in the present General Terms of Sale.

In case of refusal of the client to take off on the flight site, the Service will be refunded for children under 14 years old. For all other customers, the Service will be invoiced in full.

A will control to be realized without the presence of the parents for the children.

ARTICLE 7 – Provider’s liability – Guarantee

The Service Provider warrants, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, resulting from a defect in the design or realization of the ordered Services under the conditions and according to the terms defined in the appendix to these General Terms and Conditions of Sale.

In order to assert its rights, the Customer shall inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum of 3 days from the provision of the Services.

The Provider shall promptly refund or rectify or cause to be rectified (to the extent possible) any services found to be defective. The refund will be made by crediting the Customer’s bank account or by bank transfer.

The Service Provider’s warranty is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French jurisprudence.

The Services provided through the Provider’s website www.airsportschamonix.fr comply with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which the Customer, who is solely responsible for the choice of the Services requested, shall verify.

ARTICLE 8 – Information Technology and Civil Liberties

In application of the
law 78-17 of January 6, 1978
In accordance with the law 78-17 of January 1978, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website
www.airsportschamonix.fr
has been declared to the CNIL.

The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.

This right can be exercised under the conditions and according to the methods defined on the website www.airsportschamonix.fr.

ARTICLE 9 – Intellectual Property

The content of the website www.airsportschamonix.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

In addition, Seller retains ownership of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., made (even at Customer’s request) for the purpose of providing the Services to Customer. The Customer shall therefore refrain from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may be conditional on a financial consideration.

ARTICLE 10 – Anticipation

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article
1195 of the Civil Code
the Party who has not agreed to assume the risk of excessively onerous or dangerous performance may request renegotiation of the contract from its contracting party.

ARTICLE 11 – Enforcement in Kind

In the event of a default by either Party, the defaulting Party shall have the right to demand specific performance of its obligations hereunder. In accordance with the provisions of Article 1221 of the Civil CodeIn the event of a default, the creditor of the obligation may pursue such forced performance after a simple formal notice, addressed to the debtor of the obligation by registered letter with acknowledgement of receipt, which has remained unsuccessful, unless such performance proves impossible or if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.

ARTICLE 12 – Force majeure

The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations as described herein results from an event of force majeure, as defined in Article 1218 of the Civil Code and in particular safety or meteorological conditions not acceptable to the instructor in charge of the course or the flight concerned.

The party noting the event shall immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no event be a cause of liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed one day. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. If the impediment is definitive or exceeds one day, the present contract will be purely and simply cancelled unless another date or period is agreed upon.

ARTICLE 13 – Resolution of the contract

The defaulting Party may, notwithstanding the clause Resolution for breach of obligations by one Party set forth below, in the event of a sufficiently serious breach of any of the obligations incumbent upon the other Party, notify the defaulting Party by any means of the wrongful termination of this Agreement, including the day of the internship or flight, in accordance with the provisions of Article
1224 of the Civil Code
.

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement shall be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article
1344 of the Civil Code
.

ARTICLE 14 – Applicable law – Language

The present General Conditions of Sale and the operations which result from them are governed and subjected to the French law.

The present General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 15 – Disputes

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.

The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. consom. art. L 612-1) or to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 16 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L 221-5 of the Consumer Code including the following information:

– the essential characteristics of the Service, taking into account the communication medium used and the Service concerned;

– the price of the Services and related expenses;

– in the absence of immediate execution of the contract, the date or time by which the Service Provider undertakes to perform the Service, except in the cases mentioned;

– information relating to the identity of the Provider, the syndicate of monitors, their postal, telephone and electronic contact details, and their activities, if not apparent from the context

– information on legal and contractual guarantees and their implementation modalities;

– the functionalities of the digital content and, where appropriate, its interoperability;

– the possibility of resorting to conventional mediation in the event of a dispute;

– information on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the cost of returning the Products, the terms of cancellation and other important contractual conditions;

– the accepted means of payment.

The fact that a natural person (or legal entity), to order on the website www.airsportschamonix.fr The Customer expressly acknowledges and accepts the present General Terms and Conditions of Sale and the obligation to pay for the Services ordered, and waives the right to invoke any contradictory document that may be unenforceable against the Vendor.

ANNEX I

– Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is obliged to deliver a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

To conform to the contract, the property must:

– Be fit for the purpose ordinarily expected of similar property and, if applicable :

– correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model

– have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling

– Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this is later than the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEX II

– Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.airsportschamonix.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of

SARL Air Sports Chamonix

24 avenue de la plage

74400 Chamonix Mont Blanc

I hereby give notice of withdrawal from the contract for the following services:

– Ordering the “Date

– Order number: …………………………………………………..

– Customer name: …………………………………………………………………

– Customer address: ……………………………………………………………..

Signature of the Client (only if this form is notified on paper) :