GENERAL TERMS AND CONDITIONS OF SALE
1- FIELD OF APPLICATION
The present General Terms and Conditions of Sale are concluded between the company Hélicoracing and persons wishing to make a purchase via the Internet site www.helicoracing.com, hereinafter referred to as the "Site".
Customers are consumers. For the purposes of the General Terms and Conditions of Sale, only a natural person acting for private purposes or for purposes that do not fall within the scope of a commercial, industrial, artisanal or liberal activity shall be considered a "consumer".
The fact that one of the parties does not avail itself at a given time of one of the present conditions may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date. The invalidity of any clause of these General Terms and Conditions shall not affect the validity of the General Terms and Conditions of Sale as a whole. The stipulations of the present General Terms and Conditions of Sale may not be modified by contrary stipulations without the express written agreement of the parties.
2- ORDERING
The Customer shall place an order in accordance with the instructions given on the Site. The Customer undertakes to fill in the registration and order form with complete and accurate information. In any event, the Customer is responsible for the information entered on the registration form and when placing an order. In the event of an error, Hélicoracing cannot be held responsible for any shortcomings or delays in the delivery of products and services. The steps to complete the sale on the Site are as follows:
• The customer selects his products by clicking on the "Add to basket" tab.
• The customer confirms his/her order by clicking on the "Next" tab.
• The customer identifies him/herself by completing the form in the "Identify yourself" section, if not already registered.
• The customer completes the required delivery address
• The customer is informed of the delivery methods offered and their prices.
• The customer chooses a payment method and, if necessary, completes the information specific to the chosen payment method.
• The customer accesses the order summary page.
• The customer chooses a payment method and is redirected to the payment page.
• The customer pays on the secure site of Hélicoracing's financial partner.
Validation of the order by the Customer formalises the distance selling contract concluded with Hélicoracing in a firm and definitive manner. Once the order has been validated, the Customer may print out a summary of the order, which he will also receive by e-mail, together with the form for exercising the right of withdrawal. This document must be kept, as it constitutes proof of the Customer's order and of the contract binding the parties. In any case, Hélicoracing reserves the right not to satisfy any request from the Customer that would be exorbitant or derogatory to common law and to its General Terms and Conditions of Sale, or in the event of an ongoing dispute with the Customer.
3- PRODUCTS
3.1 Hélicoracing takes the utmost care in communicating information relating to the essential characteristics of products and services, in particular by means of technical descriptions provided by its partners and suppliers, and photographs illustrating the products. In any case, Hélicoracing cannot be held responsible for any changes or errors concerning the description of the characteristics of the product purchased, unless the essential characteristics of the product or service are affected. In view of the specific nature of certain products sold, Hélicoracing draws the attention of customers on its website to their conditions of use and to the applicable regulations. In any event, use of the products is the sole responsibility of the Customer. Under these conditions, the Customer is obliged to maintain the product in good condition and to use it in accordance with its intended purpose, in particular by complying with the applicable provisions and the instructions given by Hélicoracing and the manufacturer. In this respect, the Customer is advised against making any modifications to the product, installing accessories, ancillary parts or any other non-conforming device on the product. The Customer undertakes to use the products in accordance with current regulations and to comply with all legal obligations. Hélicoracing shall in no event be liable for any defects or deterioration in the products delivered, resulting from abnormal or non-conforming use subsequent to delivery of these products.
3.2 Unless otherwise specified by Hélicoracing, products are new. They are offered for sale within the limits of available stocks and supply possibilities from Hélicoracing's suppliers. Product availability is confirmed to the customer before the order is placed, based on information provided by Hélicoracing's partners and suppliers. In the event of product unavailability, Hélicoracing will inform the Customer as soon as possible and propose a replacement product of equivalent quality and price. Failing this, the order will be cancelled and reimbursed. In any event, Hélicoracing shall not be held liable for any prejudice suffered by the Customer as a result of the unavailability of the product. The unavailability of products may be notified to the Customer by e-mail.
The products offered for sale comply with current French legislation. Hélicoracing cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered, which it is the Customer's responsibility to check. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, Hélicoracing cannot be held responsible in the event of an error in one of these photographs or texts.
3.3 Hélicoracing will use its best efforts to ensure that the order is carried out, but cannot be held responsible in the event of failure to meet its obligations due to a case of force majeure, as defined by French case law, and in general, any event that does not allow the normal execution of the order. In addition, Hélicoracing cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
4- PRICES
The prices of our products are indicated in euros, all taxes included, excluding shipping and handling costs. In the event of an order to a country other than metropolitan France, customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Hélicoracing. They are the responsibility of the customer (declarations, payment to the relevant authorities, etc.). Hélicoracing invites the Customer to obtain information on these aspects from the relevant local authorities. All orders, whatever their origin, are payable in euros. Hélicoracing reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in force at the time of validation of the order and subject to availability.
5- PAYMENT
The price is payable in full after validation of the order. Hélicoracing will collect the full amount of the order when the order is validated. Payment on the Site can be made in several ways, notably by credit card (VISA, Carte Bleue, MASTERCARD), Paypal or bank transfer. Please note that if you choose to pay by bank transfer, the necessary bank instructions will be provided to you during the ordering process. Please make sure to follow these instructions when making your bank transfer payment. The order will be charged to the customer's account immediately, except in the event of a momentary break in collection due to the unavailability of a product or service.
6- DELIVERY
Delivery is made by post to the address indicated by the Customer at the time of ordering. In the event of a request for shipment to a delivery address other than the billing address, the products will be sent to the delivery address indicated by the Customer at the time of ordering. The Customer may at any time, via his/her account on the Site, access the tracking of his/her order. Hélicoracing informs the Customer that delivery times are given as an indication only. Hélicoracing will make its best efforts to deliver the products within the times indicated, without however being able to be held responsible for the consequences due to a delay in delivery or the loss of the parcel caused by a third party or by the fault of the Customer. In any event, if delivery has not taken place within 30 days of the order being placed, the Customer may cancel the order by registered letter with acknowledgement of receipt, or in writing on another durable medium, and obtain a refund of the sums paid. Hélicoracing may not be held liable in the event of non-delivery due to an error or lack of information on the part of the Customer, or due to the Customer's unavailability at the time of delivery. In this case, the cost of reshipment will be borne by the Customer. The transport risk is borne by the Customer, who must make all necessary reservations with the carrier in the event of damage or partial loss. The delivery date is deemed to be that of the first presentation of the product at the Customer's delivery address.
7- RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen days from receipt of the products to exercise his right of withdrawal without having to give any reason or pay any penalty, with the exception of the cost of returning the products, which remains at the Customer's expense. Customers may exercise their right of withdrawal by sending the form attached to their order confirmation e-mail, duly completed and signed, by registered letter with acknowledgement of receipt, or by any other durable means of communication. Should the right of withdrawal be exercised, Hélicoracing undertakes to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. The refund will be made by crediting the Customer's bank account. The right of withdrawal may be exercised by the Customer by e-mail to the following address: helicoracing@laposte.net. In any event, it is the Customer's responsibility to provide proof that he/she has exercised his/her right of withdrawal. Products must be returned to Hélicoracing's address within fourteen days of notification of the Customer's decision to withdraw. The customer is responsible for return shipping costs. Products must be returned new, in their original packaging, unopened and unused, with all accessories, instructions and documentation, to the following address: Hélicoracing, 3 Impasse de la viale/Manson.63122 Saint Genes-Champanelle, France. Products returned incomplete, damaged or soiled by the customer will not be accepted. In the event of a dispute, Hélicoracing reserves the right to refuse the return of the product.
8- PRODUCT WARRANTY - LIABILITY
The products are guaranteed against any hidden defect in accordance with the legal provisions in force, from the date of delivery and under the following conditions: Defective products must be returned in the condition in which they were received with all components (accessories, packaging, instructions, etc.). Hélicoracing shall not be held responsible for any failure to return products. The customer must inform Hélicoracing in writing of any hidden defects within a maximum of 2 months of their discovery. Hélicoracing undertakes, at the Customer's option, to exchange the apparently defective products or to reimburse them. In the event of an exchange, Hélicoracing undertakes to send you the products within 7 working days of receipt of the returned products. Return shipping costs will be reimbursed on the basis of the invoiced rate, and shipping costs will be reimbursed on the basis of the invoiced rate. In the event of a refund, Hélicoracing undertakes to reimburse you within a maximum of 30 days. The refund will be made by crediting the customer's bank account. Hélicoracing's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective products. The warranty does not cover visible defects. The warranty does not cover products damaged in transit or by misuse. In any case, Hélicoracing's liability is limited to the amount of the order.
9- INFORMATION TECHNOLOGY AND FREEDOM
The Customer's information and data are necessary for the management of the order and for commercial relations between Hélicoracing and the Customer. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the Customer has the right to access, rectify, oppose and delete data concerning him/her by writing to Hélicoracing, 123 rue de la République, 75000 Paris, France.
10- INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Hélicoracing. Customers who have a personal website and who wish to place, for personal use, on their site a simple link referring directly to the home page of the Site, must request authorization from Hélicoracing. In all cases, any link, even tacitly authorized, must be removed on request from Hélicoracing.
11- APPLICABLE LAW - DISPUTES
The parties agree that the present General Sales Conditions and their consequences are subject to French law. The language of these General Sales Conditions and of the relations between the parties is French. The consumer customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method. Failing an amicable solution within fifteen (15) days, the parties will be free to bring the dispute before the competent courts.
12- MODIFICATION OF TERMS AND CONDITIONS OF SALE
Hélicoracing reserves the right to modify these terms and conditions of sale at any time. The general terms and conditions of sale applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site, and any new connection to the Customer Area implies a new acceptance of the general terms and conditions of sale, if applicable.
13- CUSTOMER ACCEPTANCE
These general terms and conditions of sale and the price list are expressly approved and accepted by the Customer, who declares and acknowledges full knowledge thereof, and hereby waives the right to invoke any contradictory document, in particular his own general terms and conditions of purchase, the act of purchase entailing acceptance of these general terms and conditions of sale.