Legal notice
GENERAL TERMS AND CONDITIONS OF SALE (PRODUCTS) – ONLINE
As of April 10, 2024
ARTICLE 1 – Scope of Application
Les présentes Conditions Générales de Vente s’appliquent, sans restriction ni réserve à l’ensemble des ventes conclues par la SARL Air Sports Chamonix auprès de consommateurs et d’acheteurs non professionnels désirant acquérir les produits proposés à la vente par le Vendeur sur le site Internet www.parapente-proshop.com. Elles précisent notamment les conditions de commande, de paiement, de livraison et de gestion des éventuels retours des Produits commandés par les Clients. Les Produits sont les Produits du Vendeur proposés à la vente sur son site internet.
The main features of the Products are presented on the website www.parapente-proshop.com
The Customer is required to review these terms before placing any order. The selection and purchase of a Product are the sole responsibility of the Customer. The photographs and graphics displayed on the airsportschamonix.fr website are not binding and do not constitute a commitment on the part of the Seller.
The Customer is required to review the description of each Product to learn about its essential characteristics and features.
Product offers are subject to availability, as specified at the time the order is placed.
The Seller's contact information is as follows:
SARL Air Sports Chamonix
24 Beach Avenue
74400 Chamonix Mont Blanc
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including, in particular, those applicable to in-store sales or sales through other distribution and marketing channels.
These General Terms and Conditions of Sale are available at any time on the website www.parapente-proshop.com and shall, where applicable, take precedence over any other version or any other conflicting document.
The Customer hereby declares that he or she has read and accepted these General Terms and Conditions of Sale by checking the box provided for that purpose before proceeding with the online ordering process, as well as the general terms and conditions of use for the website www.parapente-proshop.com
Since these General Terms and Conditions of Sale may be subject to future changes, the version applicable to the Customer’s purchase is the one in effect on the website as of the date the order is placed.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions entered into with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right, at any time, to access, correct, and object to the processing of all of his or her personal data by writing—by mail and providing proof of identity—to the Seller’s address.
The Customer’s confirmation of the order constitutes acceptance, without restriction or reservation, of these General Terms and Conditions of Sale.
The Customer acknowledges that he or she has the legal capacity to enter into a contract and purchase the Products offered on the website www.parapente-proshop.com
For orders shipped to a country other than metropolitan France, the Customer is the importer of the relevant Product(s).
For all Products shipped outside the European Union and the French overseas departments and territories, the price will automatically be calculated excluding taxes on the invoice.
Customs duties, other local taxes, import duties, or state taxes may be applicable. These will be borne by the Customer and are the Customer’s sole responsibility.
ARTICLE 2 – Orders
It is the Customer’s responsibility to select the Products they wish to order on the website www.parapente-proshop.com, in accordance with the following terms and conditions:
Process for purchasing an item:
- Choose your product, size, and color
- Click "Order"
- Choose your delivery method
- Select your payment method
- Proceed to checkout
Contractual information is provided in French and is confirmed no later than the time the Customer confirms the order.
Product offers are valid as long as they are displayed on the website, while supplies last.
The sale will not be considered final until the Seller has sent the Customer an email confirming acceptance of the order and until the Seller has received payment in full.
For orders placed exclusively online, an order is recorded on the Service Provider’s website when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for that purpose and confirms the order. The Customer may review the order details and total price and correct any errors before confirming acceptance (Article 1127-2 of the Civil Code). This confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website www.parapente-proshop.com constitutes a distance contract 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 regarding payment for a previous order.
The Customer can track the status of their order on the website www.parapente-proshop.com
The Seller reserves the right to refuse orders for the same Product in large quantities.
ARTICLE 3 – Rates
The Products are provided at the current prices listed on the website www.parapente-proshop.com at the time the Seller records the order. Prices are listed in euros, including tax.
The prices take into account any discounts that may be offered by the Seller on the website www.parapente-proshop.com
These prices are fixed and non-negotiable during their validity period, as indicated on the website www.parapente-proshop.com; the Seller reserves the right, outside of this validity period, to modify prices at any time. They do not include processing, shipping, transportation, and delivery fees, which are billed separately, in accordance with the terms specified on the website www.parapente-proshop.com and calculated prior to placing the order.
The payment requested from the Customer is equal to the total purchase amount, including these fees.
An invoice is issued by the Seller and provided to the Customer upon – receipt of payment – delivery of the ordered Products.
ARTICLE 4 – Terms of Payment
Payment must be made by the Buyer at the time of placing the online order. Under no circumstances shall the amounts paid be considered as a deposit or down payment.
All orders are payable in euros, including all taxes and mandatory fees.
To pay for their order, the Buyer may use the following payment methods: credit card or bank transfer, subject to the terms and conditions detailed below.
The credit cards accepted on the www.parapente-proshop.com website are as follows: Carte Bleue, Visa, and MasterCard.
L’Acheteur garantit à Air Sports Chamonix qu’il dispose des autorisations nécessaires pour utiliser le mode de règlement qu’il aura choisi pour sa commande, lors de l’enregistrement de son bon de commande.
Air Sports Chamonix se réserve le droit de suspendre ou d’annuler toute exécution d’une commande et/ou livraison, quelle que soit sa nature et niveau d’exécution, en cas de défaut de paiement ou paiement partiel de toute somme qui serait due par l’Acheteur, en cas d’incident de paiement, ou en cas de fraude ou tentative de fraude relative à l’utilisation du Site Internet de Air Sports Chamonix
Penalties equal to the statutory interest rate plus five percentage points shall automatically apply to any amounts remaining unpaid ten days after the due date or upon notification of a rejected bank payment for any other method of payment. Delivery of any new order may be suspended in the event of late payment or partial payment of a previous order, notwithstanding the provisions herein.
Air Sports Chamonix se réserve le droit de demander une photocopie de la carte d’identité et/ou le cas échéant de la carte bancaire (recto uniquement) de l’Acheteur pour tout paiement par carte bancaire.
Dans le cadre de la lutte contre les fraudes sur Internet, les informations relatives à votre commande pourront être transmises à tout tiers habilité par la loi ou désigné par Air Sports Chamonix aux seules fins de vérification de l’identification de l’Acheteur de la validité de la commande, du mode de règlement utilisé et de la livraison envisagée.
Lorsqu’un moyen de paiement est délivré par un établissement bancaire, seuls sont acceptés par Air Sports Chamonix les moyens délivrés par un établissement bancaire ou financier habilité à exercer en France.
Afin d’assurer la sécurité du paiement par carte bancaire, l’Acheteur devra transmettre à Air Sports Chamonix le cryptogramme visuel ( CVV) figurant au verso de la carte bancaire utilisée par l’Acheteur.
Air Sports Chamonix utilise un outil de paiement sécurisé, dénommé SystemPay de la caisse d’épargne. La sécurité du paiement repose sur l’authentification de l’Acheteur, et sur la confidentialité de l’intégralité des données. Pour assurer cette sécurité, Systempay de la d’épargne utilise des techniques éprouvées de cryptographie par l’intermédiaire du protocole SSL et respecte les différentes réglementations bancaires applicables en France.
ARTICLE 5 – Deliveries and Acceptance
5.1 Delivery Terms
5.1.1 General Rules
Products for which the Buyer has placed a final order under the terms described in Section 3.3 above will be delivered to the address specified by the Buyer on the order form, exclusively within metropolitan France (including Corsica); for international shipments, please contact us for a quote.
Par défaut, les factures d’achat sont adressées par courrier électronique à l’adresse e-mail indiquée par l’Acheteur lors de son inscription sur le Site de Air Sports Chamonix.
Failure to comply with the contractual terms described below will result in the Buyer’s claims being rejected.
5.1.2 Features of La Poste's "Colissimo Suivi" Delivery Service
Upon delivery, a delivery slip or acknowledgment of receipt must be signed by the Buyer or the recipient of the ordered products. If the Buyer or recipient is not present, they will receive a delivery notice, allowing them to pick up the ordered products at the nearest post office indicated on the notice within fifteen days.
The Buyer or the recipient of the ordered products is asked to check the apparent condition of the products upon delivery.
If any apparent irregularities are noted (damage, missing items compared to the delivery slip, damaged or broken packages or products, etc.) observed upon delivery in the presence of the La Poste representative, the Buyer or the recipient of the ordered products is required to follow La Poste’s Colissimo procedure, specifically by reporting any observed damage or discrepancies, filing any claims or reservations, and refusing delivery by immediately issuing a report of irregularities to the La Poste representative (Form 170).
L’Acheteur ou le destinataire des produits commandés dispose d’un délai de 3 jours francs à compter de la réception de la commande pour notifier au transporteur, par lettre recommandée avec accusé de réception, tout incident relatif à l’état ou au contenu du colis livré. Il est également invité à signaler le problème rencontré à Air Sports Chamonix par mail : shop@airsportschamonix.fr.
5.2 Delivery Times
No minimum delivery time
Delivery times, following confirmation of your order under the conditions described in Section 3.3 above, are as follows:
- La Poste Colissimo with Tracking: 5 business days or less
En cas de dépassement de ces délais excédant 7 jours et non dû à un cas de force majeure, l’Acheteur aura la possibilité d’annuler sa commande par lettre recommandée avec demande d’avis de réception adressée aux coordonnées indiquées dans la rubrique « Contactez nous » du Site Internet www.parapente-proshop.com. Air Sports Chamonix procédera alors à une enquête auprès du transporteur concerné préalablement au remboursement des produits commandés non livrés.
The Buyer may exercise this right to cancel the order due to failure to deliver within the contractual timeframe, within a maximum of sixty business days starting from the date the maximum delivery period specified for the products has been exceeded. All amounts paid by the Buyer will then be refunded if the entire order is returned, in the form of a credit or a refund, at the Buyer’s discretion, as soon as possible and no later than thirty days following the date on which the Buyer exercised their right to cancel the order.
ARTICLE 6 – Transfer of Ownership – Transfer of Risk
Title to the Seller’s Products shall not pass to the Customer until the Customer has paid the full purchase price, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risk of loss or damage to the Products shall not take place until the Customer physically takes possession of the Products. The Products are therefore shipped at the Seller’s risk.
ARTICLE 7 – Right of Withdrawal
In accordance with applicable law, the Customer has fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide a reason or pay a penalty, for the purpose of an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 5 days of notifying the Seller of the Customer’s decision to withdraw.
Returns must be in their original condition and include all components (packaging, accessories, instruction manual, etc.) so that they can be resold as new, along with the purchase receipt.
Products that have been opened, damaged, soiled, or are incomplete will not be accepted for return.
The right of withdrawal may be exercised by sending an email to shop@airsportschamonix.fr, in which case the Seller will provide the Customer with an acknowledgment of receipt, or by any other unambiguous statement expressing the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned time period, only the price of the purchased Product(s) will be refunded; the Customer is responsible for the shipping and return costs.
The exchange (subject to availability) or refund will be processed within 14 days of the Seller’s receipt of the Products returned by the Customer in accordance with the terms set forth in this section.
Ce droit de rétractation ne peut s’appliquer aux produits obéissant à des spécifications particulières de l’Acheteur, il s'agit par exemple les produits qui sont commandés auprès du fabriquant spécifiquement pour satisfaire une commande d'un client (couleurs / taille non disponible en stock).
ARTICLE 8 – Seller’s Liability – Warranty
The products sold on the website www.parapente-proshop.com comply with current regulations in France.
The Products supplied by the Seller are covered by this warranty as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
– the statutory warranty of conformity, for Products that are apparently defective, damaged, or do not match the order,
– the statutory warranty against hidden defects resulting from a defect in materials, design, or workmanship that affects the delivered products and renders them unfit for use,
under the terms and conditions set forth in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty Against Hidden Defects).
Please note that under the legal warranty of conformity and within the consumer warranty periods indicated on the products sold, the Customer
– has two years from the date of delivery of the property to bring a claim against the Seller;
– may choose between repair or replacement of the ordered Product, subject to the cost provisions set forth in Article L 217-9 of the Consumer Code ;
– is not required to provide proof of the Product’s lack of conformity during the six months following delivery of the Product. This period is extended to 24 months as of March 18, 2016.
The statutory warranty of conformity applies regardless of any commercial warranty that may cover the Product.
The Customer may choose to exercise the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code ; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert their rights, the Customer must notify the Seller in writing of the Products’ nonconformity within a maximum of 14 days from the date of delivery of the Products, or of the existence of hidden defects within the time limits specified above, and must return or bring the defective Products to the store in the condition in which they were received, along with all components (accessories, packaging, instructions, etc.).
The Seller will refund or replace Products under warranty that are found to be nonconforming or defective.
Shipping costs will be reimbursed based on the amount charged, and return shipping costs will be reimbursed upon presentation of supporting documentation.
Refunds for Products deemed nonconforming or defective will be issued as soon as possible and no later than 5 days after the Seller identifies the nonconformity or latent defect.
The refund will be issued as a credit to the Customer's bank account or via bank transfer.
The Seller shall not be held liable in the following cases:
– failure to comply with the laws of the country to which the products are delivered, which the Customer is responsible for verifying,
– in the event of misuse, use for commercial purposes, negligence, or failure to maintain the Product on the part of the Customer, as well as in the event that the Product’s expiration date has passed, an accident, or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are nonconforming or defective.
ARTICLE 9 – Data Protection
Pursuant to Law No. 78-17 of January 6, 1978, please note that the personal information requested from the Customer is necessary for processing their order and issuing invoices, among other purposes.
This information may be shared with the Seller’s partners, if any, who are responsible for fulfilling, processing, managing, and paying for orders.
The processing of information provided through the website www.parapente-proshop.com has been reported to the CNIL.
In accordance with applicable national and European regulations, the Customer has the right to access, modify, correct, and object to the use of information concerning him or her at any time.
This right may be exercised under the terms and conditions set forth on the website www.parapente-proshop.com
ARTICLE 10 – Intellectual Property
The content of the website www.parapente-proshop.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an act of copyright infringement.
Furthermore, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Customer is therefore prohibited from reproducing or using said studies, drawings, models, and prototypes, etc., without the Seller’s express, prior, written authorization, which the Seller may make contingent upon financial compensation.
ARTICLE 11 – Force Majeure
In the event of unforeseeable changes in circumstances at the time the contract was entered into, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to assume the risk of excessively onerous performance may request that the other Party renegotiate the contract.
ARTICLE 12 – Enforcement in Kind
In the event that either Party fails to fulfill its obligations, the Party affected by the breach shall have the right to seek specific performance of the obligations arising hereunder. In accordance with the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue such specific performance after issuing a simple formal notice to the debtor of the obligation by certified mail with return receipt requested, which has remained unanswered, unless such notice proves impossible or there is a manifest disproportion between its cost to the debtor and its benefit to the creditor.
ARTICLE 13 – Force Majeure
The Parties shall not be held liable if the failure to perform or any delay in the performance of any of their obligations, as described herein, results from a force majeure event, as defined in Article 1218 of the Civil Code.
The party that becomes aware of the event must immediately notify the other party of its inability to perform its obligation and provide an explanation to that party. Under no circumstances shall the suspension of obligations give rise to liability for nonperformance of the obligation in question, nor shall it result in the payment of damages or late fees.
Performance of the obligation is suspended for the entire duration of the force majeure event if it is temporary—and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations ceases to exist, the parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the party prevented from performing shall notify the other party of the resumption of its obligation by certified letter with return receipt requested or by any other extrajudicial notice. If the impediment is permanent or exceeds 30 days, this Agreement shall be terminated outright in accordance with the terms set forth in the section titled “Termination Due to Force Majeure.”
ARTICLE 14 – Termination of the Contract
Notwithstanding the clause on Termination for Breach of Obligations set forth below, in the event of a sufficiently serious breach of any of the obligations incumbent upon the other Party, the non-breaching Party may, by registered letter with return receipt requested, notify the defaulting Party of the termination of this Agreement for breach, 5 days after receipt of a formal notice to perform that has remained unheeded, pursuant to the provisions of Article 1224 of the Civil Code.
Notwithstanding the clause below regarding termination due to a party’s breach of its obligations, termination by operation of law due to force majeure may only take effect 5 days after receipt of a formal notice sent by certified mail with return receipt requested or any other extrajudicial document.
However, such a formal notice must state the intention to enforce this clause.
It is expressly agreed between the Parties that the party obligated to pay under this agreement shall be validly given notice of default merely by the fact that the obligation becomes due and payable, in accordance with the provisions of Article 1344 of the Civil Code.
ARTICLE 15 – Governing Law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 16 – Disputes
Any disputes arising from purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale—including those concerning their validity, interpretation, performance, termination, consequences, and resulting effects—that cannot be resolved between the seller and the customer shall be submitted to the competent courts in accordance with general law.
The Customer is hereby informed that, in any event, he or she may seek mediation through an agreed-upon process, in particular through the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or through existing sector-specific mediation bodies, or any alternative dispute resolution method (such as conciliation) in the event of a dispute.
In the event of a dispute between the Customer and the company, the parties shall endeavor to resolve it amicably (the Customer shall submit a written complaint to the Manufacturer’s or Seller’s Customer Service Department).
In the absence of an amicable agreement or if the service provider fails to respond within a reasonable period of one (1) month, the consumer-customer, as defined in Article L.133-4 of the Consumer Code, may, if a dispute remains unresolved, refer the matter free of charge to the competent mediator listed on the roster of mediators established by the Commission for the Evaluation and Oversight of Consumer Mediation pursuant to Article L.615-1 of the Consumer Code.
The framework agreement governing the professional is currently being approved by the CECMC; the designated mediator is
PROFESSIONAL MEDIATION COMPANY
https://www.mediateur-consommation-smp.fr/procedure-acces-mediation/Médiateur-Consommation-smp
24 Albert de Mun Street
33000 Bordeaux
ARTICLE 17 – Precontractual Information – Customer Acceptance
The Customer acknowledges having received, prior to placing an order and entering into the contract, in a legible and understandable manner, these General Terms and Conditions of Sale and all the information listed in Article L 221-5 of the Consumer Code , including, in particular, the following information:
– the essential characteristics of the Product, taking into account the communication medium used and the Product in question;
– the price of the Products and related charges (such as shipping);
– if the contract is not to be performed immediately, the date or time by which the Seller agrees to deliver the Product;
– information regarding the Seller’s identity, mailing address, telephone number, and email address, as well as its business activities, if such information is not apparent from the context,
– information regarding statutory and contractual warranties and the terms and conditions governing their application;
– the functionality of the digital content and, where applicable, its interoperability;
– the option to use contractual mediation in the event of a dispute;
– information regarding the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and the standard withdrawal form), the costs of returning the Products, the terms of termination, and other important contractual conditions;
– accepted payment methods.
When a natural person (or legal entity) places an order on the website www.parapente-proshop.com, such action constitutes full and unconditional acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who, in particular, waives the right to rely on any conflicting document that would be unenforceable against the Seller.
APPENDIX I
– Provisions Regarding Statutory Warranties
Article L217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision.
Article L217-5 of the Consumer Code
To be in compliance with the contract, the property must:
– Be fit for the use normally expected of a similar item and, where applicable:
– conform to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
– possess the qualities that a buyer can reasonably expect based on public statements made by the seller, the manufacturer, or their representative, particularly in advertising or on labeling
– Or possess the characteristics mutually agreed upon by the parties, or be suitable for any special purpose sought by the buyer, which the buyer has brought to the seller’s attention and which the seller has accepted.
Article L217-12 of the Consumer Code
The statute of limitations for a claim arising from a defect in conformity is two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests that the seller, during the term of the commercial warranty granted to the buyer upon the purchase or repair of movable property, perform repairs covered by the warranty, any downtime period of at least seven days shall be added to the remaining term of the warranty. This period begins on the date of the buyer’s request for service or on the date the item in question is made available for repair, if such availability occurs after the request for service.
Article 1641 of the Civil Code
The seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of such defects.
Article 1648, paragraph 1, of the Civil Code
A claim arising from latent defects must be filed by the purchaser within two years of the discovery of the defect.
APPENDIX II
– Cancellation Form
This form must be completed and returned only if the Customer wishes to cancel the order placed on www.parapente-proshop.com unless there are exclusions or limitations on the exercise of the right of withdrawal as set forth in the applicable Terms and Conditions of Sale.
To the attention of
SARL Air Sports Chamonix
24 Beach Avenue
74400 Chamonix Mont Blanc
I hereby give notice of my withdrawal from the contract for the order of the services listed below:
– "Date" command
– Order number: …………………………………………………..
– Client Name: …………………………………………………………………
– Customer Address: ……………………………………………………………..
Client's Signature (only if this form is submitted in paper form):