General Terms and Conditions of Sale

GENERAL CONDITIONS OF SALE

In force on 01/05/17  

 

ARTICLE 1 - Scope of application
 

The present General Conditions of Sale (called "GCS") apply, without restriction or reserve, to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.airsoftoperation.com. The Products offered for sale on the site are the following:

Airsoft products, replicas, consumables, accessories and equipment, spare parts

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.airsoftoperation.com which the customer is required to take note of before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These GTC are accessible at any time on the site www.airsoftoperation.com and will prevail over any other document.

The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the site www.airsoftoperation.com.

Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.

The Seller's contact details are as follows

• AIRSOFT OPERATION, EURL
• Share capital of 20,000 euros
• Registered with the RCS of Lille, under number 81129146700017
• 38 rue jean jaures, 59113 Seclin
• Email : airsoftoperation.contact@gmail.com
• Phone : 0320322544
• Intracommunity VAT number : FR77811291467

ARTICLE 2 - Prices

The Products are supplied at the prices in force appearing on the site www.airsoftoperation.com, at the time of the recording of the order by the Salesman.

The prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account possible reductions which would be granted by the Salesman on the site www.airsoftoperation.com.

These prices are firm and non revisable during their period of validity but the Seller reserves the right, out of validity period, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice shall be issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - Orders

It is up to the Customer to select on the website www.airsoftoperation.com the Products he/she wishes to order, according to the following modalities:

Adding the Products to the basket
Validation of the basket
Choice of the delivery mode
Validation of all the parameters above and acceptance of the general conditions of sale
Payment

The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.

Any order placed on the site www.airsoftoperation.com constitutes the formation of a contract concluded at a distance 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 relating to the payment of a previous order.

The Customer can follow the evolution of his order on the site.

ARTICLE 3 Bis - Customer area - Account

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.

The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.

To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: airsoftoperation.contact@gmail.com. This will be effective within a reasonable time.

 

GENERAL CONDITIONS OF SALE

In case of non respect of the general conditions of sale and/or use, the site www.airsoftoperation.com will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic way and remained without effect.

Any deletion of account, whatever the reason, engenders the pure and simple deletion of all personal information of the Customer.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.

The creation of the account entails the acceptance of the present general conditions of sale.

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following methods:

payment by credit card
or payment by bank transfer to the Seller's bank account (whose details are communicated to the Customer when the order is placed)

The price is payable in cash by the Customer, in full on the day the order is placed.

However, when this possibility is indicated on the site www.airsoftoperation.com, the Customer may pay according to the conditions defined by ALMA:

Payment in 2, 3 or 4 times without charge by credit card
Subject to validation by the credit organization
A credit commits you and must be repaid, check your ability to repay.

In this case, in the event of delay of payment and payment of the sums due by the Customer beyond the deadlines fixed above, and after the date of payment appearing on the invoice addressed to this one, penalties of delay calculated at the legal rate applicable to the amount including all taxes of the purchase price appearing on the aforementioned invoice, will be acquired automatically and of right to the Salesman, without any formality nor preliminary setting in residence.

Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may take against the Customer in this respect.

In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider intervening for the banking transactions carried out on the site www.airsoftoperation.com.

The payments made by the Customer shall be considered final only after the Seller has effectively collected the sums due.

The Seller shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones:

European Union.

Deliveries are made within 1 to 7 days to the address indicated by the Customer when ordering on the website.

The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 14 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.

The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.

When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

The Seller also offers free delivery to one of its stores accessible via the following link or locations: AIRSOFT OPERATION

38 RUE JEAN JAURES, 59113 SECLIN

In case of particular request of the Customer concerning the conditions of packing or transport of the products, the Seller will provide a free delivery service.

In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. He has a maximum of 14 days to check the conformity of the ordered products as from the delivery to formulate complaints. Claims must be made directly on the after-sales service area, which can be found in the customer account, accompanied by all related documents (including photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.

Case of a damaged package:

AIRSOFT OPERATION packages the products in the best possible way with 2 additional security points (adhesive tape + mechanical sealing)

It is advisable for the customer to verify the integrity of the package upon receipt. If it seems to have been opened, it is possible to refuse the package or to make a reservation on the delivery note of the carrier. If the package is accepted by the customer, it is considered to be in conformity. AIRSOFT OPERATION cannot be held responsible if products are missing or damaged.

In case of breakage of the equipment upon receipt of the package, the customer must contact our customer service as soon as possible to set up a replacement procedure for the product.

The Seller will refund or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects will have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

According to the terms of the article L221-18 of the Code of the Consumption "
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GCS.

The returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

The cost of return will be charged to the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.

ARTICLE 8 - Responsibility of the Seller - Guarantees

AIRSOFT OPERATION grants a limited warranty for its products solely for the benefit of the person or organization that originally purchased the product from AIRSOFT OPERATION in a store or online.

The Products supplied by the Seller benefit from :

the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

"The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :

- if it corresponds to the description given

and has the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article 1641 of the Civil Code.

"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.

The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs shall be borne by the Customer and return shipping costs shall be borne by the Seller.

Refunds, replacements or repairs of Products found to be non-conforming or defective shall be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. This refund can be made by bank transfer or check.

The responsibility of the Salesman could not be committed in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The guarantee of the Seller is, in any case, limited to the replacement or the refunding of the Products not in conformity or affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Vendor as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the website www.airsoftoperation.com are the following:

• Account opening
• During the creation of the Customer / user account:
• Names, first names, postal address, telephone number and e-mail address.
• Payment

Within the framework of the payment of the Products proposed on the www.airsoftoperation.com site, this one records financial data relating to the bank account or the credit card of the Customer / user.

9.2 Recipients of personal data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractors is (are):

Transport providers
The providers of payment institutions

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data collected for a period of 5 years,

covering the period of limitation of the applicable contractual liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Customer and user rights

In accordance with the regulations applicable to personal data, Customers and users of the www.airsoftoperation.com website have the following rights:

They can update or delete the data concerning them in the following way:
My account, section my personal information.

They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
They may also request the portability of data held by the Seller to another service provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The person in charge of processing must give a reply within a maximum of one month.

In the event of refusal to grant the Customer's request, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the site www.airsoftoperation.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.

ARTICLE 11 - Applicable law - Language

The present GTC and the operations which result from it are governed and subjected to the French law.

The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Litigation

For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of the present GTC.

The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute. 

In this case, the designated mediator is

FEVAD

60 rue la Boétie, 75008 Paris

www.fevad.com

E-mail: mediateurduecommerce@fevad.com. 

The Customer is also informed that he can also resort to the platform of Online Dispute Resolution (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.

Realized on https://www.legalplace.fr

 

ANNEX I
Form of retraction

 

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.airsoftoperation.com except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

To the attention of EURL, AIRSOFT OPERATION

38 rue jean jaures

I hereby notify the retraction of the contract concerning the following good

-  Commande du (indiquer la date)

-  Numéro de la commande : ...........................................................

-  Nom du Client : ...........................................................................

-  Adresse du Client : .......................................................................