General Conditions of Sale
airinspace® SE France
(Update: 05/09/2016)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
78990 ELANCOURT
France