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Terms of Sale

These General Terms and Conditions of Sale (hereinafter the "T&Cs") are offered by AIRBORNE DESIGN SARL, with a capital of €200,250, a company registered with the Trade and Companies Register of Mont de Marsan under number 528684517, whose registered office is located at 222 impasse de Peyran 40800 Aire sur l'Adour (hereinafter "THE SELLER").

THE SELLER offers, through its http://www.airborne.fr website (hereinafter the "Site"), Furniture (hereinafter the "Products and Services").

Each customer acknowledges having been aware, in a legible and understandable manner, of these terms and conditions as well as all the information necessary for the execution of these terms and conditions, in accordance with articles L.111-1 to L.111-8 of the Consumer Code, prior to placing their order and before concluding their contract with AIRBORNE DESIGN SARL with a capital of €200,250,   company registered with the RCS of Mont de Marsan under number 528684517.

1. APPLICATION AND ENFORCEABILITY OF THE T&CS

These terms and conditions apply to any use of the Site as well as to any order for Products and services by any customer, natural person, acting for purposes that are not part of his professional activity or any customer, natural or legal person, acting in the context of his commercial, industrial, artisanal or liberal activity (hereinafter the "Customer") carried out on the Site,   as of 01/01/2018.

The purpose of these terms and conditions is to define the conditions for the order of the Products and services, and to determine the respective rights and obligations of each of the parties in the context of the provision of the Products and services.

Unless otherwise agreed in writing by the parties, these terms and conditions take precedence over any clauses to the contrary resulting from previously drafted general terms and conditions, and thus apply to the exclusion of any other agreement.

These terms and conditions must be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.

These terms and conditions are systematically notified to the Client when creating his personal account on the Site and ordering on the Site. Each Customer must read and accept them in order to be able to validate their order on the Site. This acceptance consists of ticking the box corresponding to the sentence of acceptance of these terms and conditions, such as, for example, "I acknowledge that I have read and accepted all the general terms and conditions of sale published on the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.

In the event of modification and/or adaptation of these terms and conditions by THE SELLER, only the version in force on the day of the Client's order on the Website will be validly applicable. The Client will be informed of any changes made to these terms and conditions, when he subsequently connects to the Site, by a notification published on the Site.

The fact that THE SELLER does not avail itself, at a given time, of any of the provisions of these Terms and Conditions cannot be interpreted as a waiver of the right to invoke it at a later date.

THE SELLER invites each Client to carefully read these Terms and Conditions of Use, to print and/or save them on any durable medium, before ordering any Product or service on its Site.

2. ACCESS AND AVAILABILITY OF THE SITE

THE SELLER offers free access to its Website, the Client remaining in any event responsible for its computer equipment and Internet connection, the costs of which are at its expense.

Access to the Site can be made:

• from a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and Internet browsing software (such as Internet Explorer, Mozilla Firefox, etc.);

• a telephone terminal with access to a telecommunications network allowing access to the Internet network (3G, 4G, Edge, Wi-Fi, etc.).

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THE SELLER makes its best efforts to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance, THE SELLER cannot be held responsible for the possible impact of this unavailability on the Client's activities.

The Client is informed of the technical hazards inherent to the Internet and the interruptions of access that may result. Consequently, THE SELLER cannot be held responsible for any unavailability or slowdown of the Site.

The Client is informed that the SELLER's servers are hosted by WIX.

Any failure by the Client to comply with its obligations under these terms and conditions may result in the suspension or prohibition of the Client's access to the Website.

3. TERMS OF CONCLUSION OF THE CONTRACT

Orders for Product(s) or service(s) are placed through the Site.

The possession of a personal user account is possible but is not a necessary and mandatory prerequisite in order to proceed with the order of Products and services on the Site.

The creation of a user account is done using the following mandatory fields: Last name, first name, address, email. The user account allows access to a personalized interface, to manage one's profile and orders. However, in the event of incorrect information, the customer may not receive an email or encounter other difficulties in placing, tracking or receiving their order.

The Customer chooses directly on the Site the Product(s) or service(s) that he wishes to order. SELLER strives to provide visuals and descriptions that are as accurate as possible to the Products and Services. However, as these visuals and illustrative texts are not contractual, the Client cannot engage the SELLER's liability in this respect.

The Customer is required to provide a certain amount of information about himself in order to validate his order. All orders must be duly completed and must contain this information strictly necessary for the order. The Client is responsible for the truthfulness, correctness and relevance of the data provided.

The Client may make changes, corrections, additions or even cancel their order, until it is validated on the order summary page, before payment.

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4. PRICES AND PAYMENT TERMS

4.1. Prices

Access to the Site as well as to the presentation of the Products and services is free of charge for the Customer. Only the order of one or more Products and services will be subject to payment by the latter.

The prices of the Products and services are mentioned on the Site in euros and all taxes included. The applicable prices are those valid on the day of the order on the Site by the Customer. The prices of Products delivered and services provided may vary depending on the place of delivery, as the prices of Products destined outside the European Union are not subject to VAT. 

The prices of the Products and services and any additional costs related to the order are indicated in a clear and comprehensible manner on the order summary. Before placing the order, the Client is required to confirm this summary.

4.2. Payment terms

Prices will be charged on the basis of the rates in force at the time of the order. An invoice summarizing all the Products and services ordered by the Client as well as their respective costs will be systematically sent to the latter.

The Client will pay the price, directly on the Site, and imperatively before any realization by THE SELLER, and this, in accordance with the process provided for this purpose.

SELLER uses a Stripe third-party secure payment system provided by BPACA

Payment by the Customer is a necessary prerequisite for the validation of his order.

Failure to pay on the due date will automatically lead to the suspension or invalidation of the Client's order without prior notice and by operation of law, without prejudice to any other course of action

5. DELIVERY

The delivery costs relating to the order are indicated to the Client before any payment for the order.

Unless otherwise stated on the Site during the order process or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.

The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged package, broken or damaged Products, etc.).

If the Customer's package is returned by the Post Office or by other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask for the follow-up to be given to his order. If the Client has refused the parcel by mistake, he may request that it be returned by paying the postal costs for the new shipment in advance. Postal costs will have to be paid even for orders for which the shipping costs were free at the time of the order.

Any delay in delivery in relation to the date or deadline indicated to the consumer Client at the time of the order or, in the absence of a date or deadline at the time of the order, greater than thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Client, upon written request from the Client by registered letter with acknowledgement of receipt,   if, after having ordered the SELLER to make the delivery, he has not complied. The Client will then be reimbursed, at the latest within fourteen (14) days of the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

6. RIGHT OF WITHDRAWAL

The Consumer Customer has a period of fourteen (14) clear days from the delivery of the Products to exercise their right of withdrawal under the conditions in force referred to in the Consumer Code, without having to justify any reason or pay penalties.

If he intends to exercise his right of withdrawal, the consumer Client must inform THE SELLER of his decision to withdraw from the contract either:• By means of the form made available to him on the Site, and more precisely, on his personal customer account, and at the end of the present agreement, in Appendix 1 ;OR• by presenting any other explicit and unequivocal statement to this effect (for example,   a letter sent by registered mail with acknowledgement of receipt).

In any event, the Client must indicate an unambiguous and unequivocal desire to withdraw.

In the event of a withdrawal made on the Site by transmitting the withdrawal form online, THE SELLER will send the Client, without delay, an acknowledgement of receipt on a durable medium, to the email address provided at the time of the order.

The Client bears the direct costs of returning the Products, unless the Client's withdrawal is the result of an error in the Product sent, in which case THE SELLER bears the costs of returning. The Client is expressly informed that the Product concerned must be returned to THE SELLER in its original packaging, including the instructions sent and/or any accessories.

In the event of the exercise of the right of withdrawal by the Client, all sums paid by the Client will be reimbursed to the Client by THE SELLER within fourteen (14) days from the date on which it is informed of the Client's decision to withdraw. This refund may be deferred until the date of collection of the Products or until the consumer has provided proof of shipment of such Products. The refund will be made to the Client's bank account directly through the Site by bank transfer or by any other means agreed between the parties.

Exception to the right of withdrawal: The Site offers the sale of the following Products and Services, for which the right of withdrawal of Consumer Customers cannot apply, pursuant to Article L.221-28 of the Consumer Code: goods or services that do not allow the customer to exercise his right of withdrawal, such as 2nd choice articles, destocking, B-Stock or end of series.

The Client acknowledges that he or she has read this list of exceptions, notified prior to the sale in these T&Cs.

In addition, the Services beginning immediately after the purchase and fully performed before the end of the withdrawal period do not allow the Client to benefit from his right of withdrawal if he has expressed a waiver of his right of withdrawal. The right of withdrawal may not be exercised in the context of the supply of digital content not provided on a physical medium the performance of which has begun before the end of the withdrawal period with the Client expressly waiving its right of withdrawal.

7. PRODUCT WARRANTY

When acting under a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; Except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies regardless of any commercial guarantee granted.

The consumer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any warranty; in the event of the implementation of this guarantee, the buyer has the choice between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arises in accordance with Article 2232 of the Civil Code.

All Products acquired on the Site benefit from the following legal guarantees, provided for by the Civil Code and the Consumer Code:

7.1. Legal guarantee of conformity

According to Articles L.217-4 et seq. of the Consumer Code, the seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to be liable for any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product.

However, where the default has arisen within 24 months of that date, it shall be presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may combat this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked". In this regard, AIRBORNE DESIGN may analyze the disputed Product in order to determine whether or not the defect identified existed on the day of delivery of the Product to the Customer. However, after this 24-month period, it will be up to the Client to prove that the defect existed at the time of taking possession of the Product.

In accordance with Article L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the property or the extent of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer".

7.2. Legal warranty against hidden defects

According to articles 1641 to 1649 of the French Civil Code, the Client may request the exercise of the warranty against latent defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended,   or reduce such use to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).

Complaints or requests for reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the Site's legal notice. The Customer will be reimbursed by bank transfer for the amount of his order. The costs of the refund procedure (in particular the cost of returning the Product) will remain at the expense of the SELLER.

8. LIABILITY

Each of the parties shall be liable for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.

8.1. Responsibility of the Client

The Client is solely responsible for the quality, precision, relevance and accuracy of the information he or she provides on the Site for the purposes of his or her order. The SELLER cannot be held liable in this respect.

The Client is therefore solely liable to the SELLER and, where applicable, to third parties, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated on the occasion of these terms and conditions, as well as for any breach by the Client of these contractual stipulations.

The Client is also solely responsible for the choice of the Products and services that he has ordered through the Site.

All Customers agree not to use the Site in violation of all applicable laws, rules and regulations.

8.2. Liability of the SELLER

THE SELLER implements all measures to ensure that the Client is supplied with quality Products and services under optimal conditions. It assumes full responsibility for the Products and services that it offers and sells to Customers through the Site and will deal solely with any potential claims relating to said Products and services.

However, THE SELLER cannot be held liable for any damage, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party not to the contract, or to a case of force majeure.

THE SELLER ensures the proper functioning of the Site but can in no way guarantee that it is free of anomalies or errors and that it operates without interruption.

THE SELLER cannot be held responsible for the non-operation, impossibility of access or malfunctions of the services of the Customers' access provider, to those of the Internet network.

9. FORCE MAJEURE

"Force majeure" is defined as any event beyond the control of one of the parties and unlikely to be reasonably foreseen at the time of the conclusion of these Terms and Conditions. Such an event will be characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.

Neither party shall be held liable to the other for the non-performance or delays in the performance of an obligation arising from these terms and conditions which would be due to the act of the other party following the occurrence of a case of force majeure, as recognized and defined by French case law.

The case of force majeure suspends the obligations arising from these Terms and Conditions for the duration of its existence, and neither party may, during this period, validly invoke the existence of such a case of force majeure within the meaning of Article 1218 of the Civil Code in order to justify the termination of its contractual relationship with the other party. However, if the case of force majeure had a duration of more than thirty (30) consecutive days, it would give rise to the right to the automatic termination of these Terms and Conditions by either party, eight (8) days after the sending of a registered letter with acknowledgement of receipt notifying this decision.

10.INTELLECTUAL PROPERTY

The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, where applicable, of their respective owners from whom THE SELLER has obtained the operating authorizations.

THE SELLER remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyrights relating to any other distinctive sign belonging to it.

Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, whether commercial or not, of all or part of the trademark and/or an original or given intellectual work contained on the Site is strictly prohibited. The Client also refrains from any act or act likely to directly or indirectly infringe the intellectual property rights of the SELLER.

11. PROTECTION OF PERSONAL DATA

The Client is informed that the creation of his personal account on the Website as well as his order of Products and services on the Website gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of Law No. 78-17 of 6 January 1978 relating to Information Technology,   to Data Files and Civil Liberties, as amended by Law No. 2016-1321 of 7 October 2016 and European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR").

THE SELLER makes available to the Client, on its Website, a confidentiality charter specifying all the information relating to the use of the Client's personal data collected by THE SELLER and the rights that the Client has with regard to this personal data.

In order to provide you with Klarna's payment options, we may need to provide Klarna with your personal data, including your contact details and order details, so that Klarna can assess whether you qualify for these details and tailor them to your needs. Your transferred personal data will be processed in accordance with Klarna's privacy policy."

12. COOKIES

THE SELLER uses "cookies" in order to obtain statistical processing of cookies and to improve the Customer's browsing experience.

THE SELLER installs a "cookie" on the Client's computer with his/her prior consent. The Customer has the option of refusing cookies when visiting the Site. The retention period of this information on the Client's computer is 13 months.

THE SELLER undertakes never to communicate the content of these "cookies" to third parties, except in the event of a legal requisition.

The Client may also object to the recording of "cookies" by configuring their browser software. To do this, the Client will configure his browser:

13.HYPERTEXT LINKS

The Site may include hypertext links to other sites.

THE SELLER cannot, under any circumstances, be held liable for the technical availability of websites or mobile applications operated by third parties to which the Client may access through the Website. In addition, THE SELLER cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.

If, despite the SELLER's efforts, one of the hypertext links on the Site points to a site or an internet source whose content did or appeared to be non-compliant with the requirements of French law to a Customer, the Customer undertakes to immediately contact the Site's publication director, whose contact details appear in the legal notices published on the Site,   in order to provide the Applicant with the address of the pages of the third-party site in question. THE SELLER will then take the necessary steps to remove the hypertext link concerned.

14.APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by French law.

In the event of a dispute to which these terms and conditions (or one of their clauses) and/or the relations between the parties may give rise, the Consumer Client may at his choice, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, refer the matter to the court of the place where he was residing at the time of the conclusion of the contract or the occurrence of the harmful event. The Professional Client must refer the matter to the Court in the jurisdiction in which the SELLER has its registered office.

According to Article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".

In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of the Consumer Code, may be settled amicably by mediation with the following mediator: Mediator of the Médicys approved mediation center.

To submit their dispute to the mediator, the Client may:

It is recalled that mediation is not mandatory but only offered in order to resolve disputes by avoiding recourse to the courts.

15. Customer Service

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The customer service of this Site is accessible by e-mail at the following address: contact@airborne.fr or by post at the address indicated in the legal notice.

AIRBORNE DESIGN also provides its Customers with a hotline, or telephone assistance, to answer their questions. Telephone support can be contacted by phone at 0558719820 (non-surcharged number).

Appendix 1 – Model of the Client's withdrawal form

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of AIRBORNE DESIGN SARL, 222 impasse de Peyran, 40800, Aire sur l'Adour

I hereby notify you of my withdrawal from the contract relating to the Product(s) or service(s) below:

 

____________________________________________________________

 

Date received: _______________________________

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16. Airborne is registered in the national register of persons placing the product on the market of the French Environment and Energy Management Agency (ADEME). This procedure complies with the regulations relating to the management of waste furniture items, according to Article R. 543-254 of the Environmental Code and the decree of 5 August 2013. Its unique identifier is the FR016871_10ROZZ

Identifier issued by the French Environment and Energy Management Agency: FR016871_10ROZZ

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