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General Conditions of Sale

airinspace® SE France

(Update: 05/09/2016)


  1. Definitions

Customer: Any natural or legal person who purchases, or who agrees to purchase, products and/or services from airinspace® SE France.

Conditions: These general conditions of sale and services.

airinspace®: The legal entity airinspace® SE France as named on the acknowledgement of receipt of order and/or on the invoice.

Acknowledgement of receipt of order: Written acceptance from Airinspace SE France of the customer’s order.

Price: Total price of the products and/or services owed by the customer to airinspace® SE France.

Product: Any good, described in any document published by Airinspace SE France and/or on its website or in any acknowledgement of receipt of order that the customer purchases or agrees to purchase from A airinspace®  SE France, excluding goods built into Airinspace SE France’s equipment.

Third-party products: Non- airinspace® SE France manufactured, assembled or branded products that Airinspace SE France markets.

Services: Services and/or technical support provided by airinspace® SE France or its subcontractor in accordance with the services on offer.

  1. Acceptance of conditions

At the time of placing the order, the customer acknowledges to have read the special conditions of sale, and expressly declares to have accepted them without reservation.

These general conditions of sale govern the contractual relations between airinspace® SE France and its customer, both parties accepting them without reservation. These general conditions of sale shall prevail over all other conditions contained in any other document, unless otherwise previously specified in writing.

  1. Scope of application
    • These conditions apply to all sales of products and/or services by airinspace® SE France to the customer.
    • These conditions exclude the application of any other general conditions, unless accepted in writing by airinspace® SE France.
    • By placing its order for products and/or services, the customer expressly accepts these conditions.
    • The acceptance of the customer’s order by airinspace® SE France is confirmed by the issuance of an acknowledgement of receipt of order to the costumer. The customer must check this document and notify airinspace® SE France immediately of any errors or irregularities. Otherwise, Airinspace SE France shall manufacture and deliver the product in accordance with the acknowledgement of receipt of order, which shall bind the customer.
  2. Quotations and changes
    • airinspace® SE France quotations are only valid in writing for a period of 90 calendar days from the quotation date, or as otherwise stated in the quotation.
    • As one of airinspace® SE France’s policies is to continually improve its products and services, and since customers may purchase third-party products, airinspace® SE France reserves the right to change the technical specifications of the products and services listed in the acknowledgement of receipt of order. However, airinspace® SE France guarantees to provide products and services with at least equivalent features and specifications, and no significant change may be made without the customer’s consent.
  3. Products

Photographs or films depicting products are non-contractual. Should these include errors, airinspace® SE France shall in no case be held liable. The majority of the products offered to its customers by airinspace® SE France are available in stock. However, Airinspace SE France is entitled to a maximum delivery period of 12 weeks.

  1. Rental
    • The minimum rental period is one month for PLASMAIR™ and IMMUNAIR™ products and two months for Cool PLASMAIRTM
    • At the end of a rental period, the purchase of the rented device is subject to airinspace® agreement and product availability.
    • For all rental services, airinspace® reserves the right to provide the service or not depending on logistical constraints for routing the equipment and necessary staff.
  2. Orders

airinspace® SE France shall confirm acceptance of the order with the customer by fax, email or postal letter, according to the information provided by the customer. The sale will only be concluded once the acknowledgement of receipt of the order has been issued. airinspace® SE France reserves the right to cancel any order from a customer with whom there is a dispute concerning payment of a previous order. In the event of an error in the addressee’s contact details, airinspace® SE France cannot be held responsible for being unable to deliver the product/provide the services.

  1. Delivery / Provision of services

Following acknowledgement of receipt of order, airinspace® SE France undertakes to hand over all references ordered by the customer to its carrier. This carrier has a duty to airinspace® SE France to deliver the order to the customer address supplied by Airinspace SE France. In the case of cash on delivery, the customer undertakes to pay the full amount stated on the acknowledgement of receipt of order to the carrier or its representative.

Moreover, for deliveries outside of mainland France, the customer undertakes to pay all taxes due for imported products, customs duty, value added tax, and any other taxes due under the laws of the country of delivery. All orders placed with airinspace® SE France are intended for customers’ personal use; customers and recipients of products are forbidden from reselling any or all of the products, without written agreement from airinspace® SE France. airinspace® SE France cannot be held legally responsible if taxes are not paid by the customer.

Delivery is carried out between the hours of 8am and 6pm, by direct delivery of the product to the declared recipient, or, in the event that the latter is absent, to another person authorised by the customer. Any delays in delivery do not entitle the customer to claim damages.

Without prejudice to the provisions to be taken with regard to the carrier, complaints and reservations concerning visible defects or the non-compliance of products delivered with the products ordered or with the delivery slip must be noted on the delivery slip in the event of visible defects on the product packaging, and in writing in all cases within 8 days of delivery of the products.

The customer shall take particular care to inspect the transport crates in order to detect any damage by checking the shock indicators, to check the transport boxes and that these are in good condition, to check that the delivered device works properly, and to read the user manual provided.

Owing to availability and logistical reasons, an order may be delivered to the customer in several batches.

For Ex-Works orders, any damages caused during transportation fall under the responsibility of the carrier appointed by the customer.

For the provision of services, the customer shall have 8 days from receiving these services to submit any reservations or complaints in writing, with any supporting documents relating thereto, to airinspace® SE France.

  1. Prices, invoicing and terms of payment
    • Prices are issued in euros.
    • The price stated for a product does not include transportation and is before tax.
    • The price stated in the acknowledgement of receipt of order is the definitive price and is inclusive of all taxes, including VAT for France.
    • The price that the customer is required to pay is stated on the airinspace® SE France acknowledgement of receipt of order and on the invoice.
    • Invoices are issued once the products have been delivered or the services have been provided in continental France. Airinspace SE France is entitled to suspend the delivery of products or the provision of services until an unpaid invoice has been paid in full.
    • In the case of customer contracts or orders in multiple instalments, prices may be adjusted by Airinspace SE France in the event of changes in exchange rates, customs duties, insurance costs and purchasing costs of components and/or services.
    • Payment shall be made within 30 days of delivery of the order, unless specifically agreed otherwise.
    • Payment shall be made by cheque or bank transfer.
    • If the invoice is not paid within the time limit stipulated by airinspace® SE France, and following written notice, the customer will be liable to pay penalties on the amount due. These penalties will be calculated based on the legal interest rate. Penalties due will be calculated on the basis of twice the legal interest rate. Airinspace SE France is entitled to suspend delivery in the event of late payment. Recovery costs shall be covered by the customer.


  1. Title retention clause

In the event that the customer fails to pay all or part of the price of the order, airinspace® SE France reserves the right of ownership of the products sold until payment is made in full, enabling airinspace® SE France to retake possession of said products. Any down payments made by the customer shall be retained by airinspace® SE France as flat-rate compensation, without prejudice to any other action that it is consequently entitled to take against its customer.

  1. Transfer of ownership and transfer of risk
    • Ownership of the products is transferred to the customer following payment of the price in full, regardless of the delivery date of the products. All intellectual property rights of the products and/or services shall remain the property of airinspace® SE France and will not be transferred to the buyer.
    • However, risks related to the loss and deterioration of the products shall be transferred to the customer or to their representatives as of delivery of the products.
  2. Guarantee

airinspace® SE France shall guarantee the products sold for one year as of the delivery date. Any interventions carried out under the guarantee will not extend the duration of the guarantee. Products distributed by airinspace® SE France are covered by the guarantee of the manufacturer. The liability of airinspace® SE France shall be systematically limited to the value of the implicated product at the time of its sale, without the possibility of appeal to the company or brand that manufactures the product.

With regard to the guarantee, the customer can contact airinspace®. The guarantee covers corrective maintenance following a phone call from the customer reporting a malfunction or breakdown, with a response time not exceeding 2 working days from the call to airinspace® SE France.

  • Outside of France, airinspace® SE undertakes to supply replacement parts within 72 hours if the parts are available in stock, and within 12 weeks if they are not available. In the event a device cannot be repaired, AIRINSPACE shall supply a replacement unit within 2 to 12 weeks from delivery, and until the end of the guarantee period, Airinspace SE France shall repair or replace the defective products, excluding third-party products, only in the case of defects occurring in normal conditions of use of the products.
  • Third-party products shall be repaired in accordance with the guarantee of their manufacturers.
  • airinspace® SE France guarantees replacement parts for 30 days from the delivery date or for the remainder of the guarantee period, if it is longer.
  • airinspace® SE France shall endeavour to provide assistance within the stated time frames, which may vary depending on the distance, the accessibility of the product, and the availability of parts. airinspace® SE France will not be liable for any direct or indirect losses resulting from failure to comply with these response times, and airinspace® SE France shall not incur any other liability, whether in contract or tort, for the defective product or for not having repaired the defects within a reasonable time frame of up to 12 weeks.
  • The guarantee obligations of airinspace® SE France are conditional on the proper use of the products and do not cover changes or repairs made without prior written authorisation from airinspace® SE France.

In the event that the customer uses expendable equipment and replacement parts other than those recommended by airinspace® SE France, primarily in its user manuals, the guarantee will be immediately annulled, without the customer being entitled to claim for compensation.

  • The airinspace® SE France does not cover damage resulting from external causes such as: shocks, hazards, electrical overvoltage, environmental conditions or any cause arising from abnormal use of the product.
  • The customer is responsible for removing any products not supplied by airinspace® SE France, for backing up its data, and the confidentiality thereof, before any intervention by airinspace® SE France.
  1. Force majeure

Neither party is responsible for failure to fulfil its commitments in the event of circumstances beyond its reasonable control, specifically: strike, terrorist act, war, riot, fire, a problem affecting suppliers, means of transport or production, exchange rate fluctuation, measures enacted by public authorities and natural disaster. Both parties will be entitled to additional time in which to fulfil their commitments. If a situation lasts for longer than 60 days, the contract may be annulled in writing by either party, without penalty.

  1. Liability

airinspace® SE France cannot be held liable for damages of any kind, whether material, immaterial or physical, which could result from a malfunction or from improper use of the products sold. The liability of airinspace® SE France will, in any event, be limited to the value of the order and cannot be challenged for simple errors or omissions which may have remained despite all the precautions taken in presenting the products.

airinspace® SE France cannot be held liable for damages that the customer could prevent by following the advice and instructions of airinspace® SE France. airinspace® SE France accepts liability for physical injury, and for proven material damage caused to private property by its carelessness or its gross negligence, or that of its employees, representatives or subcontractors.

  1. Confidentiality

Each party must treat the confidential information received from the other in the strictest confidence, in the same way that it would treat its own confidential information, and not below an adequate level of protection.

  1. Termination

Both parties are entitled to terminate the contract if the other: (i) commits a serious or persistent breach of its contractual obligations and does not rectify this within 30 days of written notice; or (ii) becomes insolvent or unable to pay its debts by their due dates. airinspace® SE France is entitled to terminate this contract without notice if: (i) the customer does not pay by the agreed date; or (ii) the customer breaches laws on export control or airinspace® SE France suspects that the customer has breached them.

  1. Tolerance – Partial nullity – Notifications

The fact that airinspace® SE France does not invoke any one of these general conditions of sale at any given time shall not constitute a waiver of its right to invoke any one of these conditions at a later date.

In the event of nullity or of unenforceability of one of the provisions of this contract as decided by a court of law or another competent judicial authority, said provision shall be considered independent from the other clauses of the contract and shall not affect the validity or the enforceability of the other clauses of the contract.

Notifications must be sent in writing to a legal representative of the other party at the address stated on the invoice. The Vienna Convention on Contracts for the International Sale of Goods is not applicable to these conditions.

  1. Applicable law and jurisdiction

French law shall govern any issues related to the contract.

In the event of a dispute related to the interpretation or the execution of their agreements, the parties shall seek an amicable agreement before any contentious action.

Should the parties fail to reach an amicable agreement within one month, the Commercial Court of Versailles shall be the sole competent authority in the event of litigation of any sort, regardless of the place of delivery and payment method accepted.

Notifications must be sent in writing to a legal representative of the other party at the address stated on the invoice.

This clause applies even in the case of emergency interim proceedings, incidental claim, multiple defendants or activation of guarantee.

  1. Assignment

airinspace® SE France is entitled to assign, subcontract or transfer all or some of its rights or obligations to a third party. The customer may only assign, subcontract or transfer its rights with the written agreement of airinspace® SE France.

  1. Miscellaneous

The customer can find detailed information on airinspace® SE France’s policies, products and services at www.airinspace.com.


airinspace® SE France



14, rue Jean Monnet