13 December 2017

Terms and Conditions

 

Table of Contents

1.   General conditions of sale of products

 

1.1: Objective

1.2: General Provisions

1.3: Price

1.4: Products

1.5: Terms of delivery

1.6: Payment

1.7: Withdrawal period

1.8: Guarantees

1.9: Complaints and mediation

1.10: Intellectual property rights

1.11: Nullity and modification of the contract

1.12: Protection of personal data

1.13: Applicable Law

1.14: Provisions relating to legal warranties

1.15: Cancellation form

 

2.   General conditions of sale of services

 

2.1: Objective

2.2: General Provisions

2.3: Price

2.4: Retraction

2.5: Payment and down payments

2.6: Gift vouchers

2.7: Cancellation

2.8: SIV course specific

2.9: Tandem flight-specific

2.10: Delay

2.11: Complaints and mediation

2.12: Nullity and modification of the contract

2.13: Protection of personal data

2.14: Applicable Law

2.15: Cancellation form

 

Flyeo Parapente: SARL ALEO with a capital of 16,900 EUROS, registered with the RCS of Annecy under the number 482 490 620, domiciled 400 Route of the Pont Monnet; 74210, Doussard (04 699 699 10 – info@flyeo.com) – hereinafter referred to as Flyeo.

 

1.   General conditions of sale of products

 

1.1: Objective

1.1.1 – These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between Flyeo and non-professional buyers (“the customer”) wishing to acquire the products offered for sale by Flyeo on the flyeo.com website.

1.1.2 – By placing an order the customer accepts these Terms and Conditions (T&Cs) in full.

 

1.2: General Provisions

1.2.1 – Flyeo reserves the right to modify these T&Cs at any time by publishing a new version on its website.

1.2.2 – The applicable T&Cs are those in force on the date of payment of the order.

1.2.3 – The customer declares to be able to contract legally under French law or holds legal responsibility for the person to which they represent.

1.2.4 – The information recorded by Flyeo constitutes proof of all transactions.

 

1.3: Price

1.3.1 – The price of the products sold through the flyeo.com website is indicated in euros.

1.3.2 – Delivery costs are calculated according to the country of destination.

1.3.3 – Delivery charges are almost always stated during the order process and are in addition to the original price of the product.

1.3.4 – For any order to be shipped outside the European Union and/or DOM-TOM,

customs duties, local taxes or import or state fees may be requested. These charges will be the responsibility of the customer (statements, payment to the competent authorities, etc.) Flyeo holds no responsibility for any additional charges and invites the customer to inquire about these charges with the competent local authorities.

 

1.4: Products

1.4.1 – The choice and the purchase of a product are placed under the sole responsibility of the customer.

1.4.2 – The compatibility of the material purchased is the sole responsibility of the customer.

1.4.3 – The photographs and graphics presented on the Flyeo website represent the product as precisely as possible and the colors or other representations of the products may fluctuate slightly.

1.4.4 – If a product is no longer available, Flyeo informs the customer as soon as reasonably possible, and if necessary, will reimburse the customer. No damages will be due to the customer as such.

1.4.5 – The main characteristics of the products, and in particular the specifications, illustrations and indication of dimensions or capacity of the products, are represented on the Flyeo website.

 

1.5: Terms of delivery

1.5.1 – The products are delivered to the delivery address that is indicated during the order process and within the time-frame indicated. The time frame does not take into account the time of preparation for the order. The address details are the sole responsibility of the customer.

1.5.2 – When the customer orders several products at the same time they may have different delivery times.

1.5.3 – From the date mentioned on the notice from the courier, you will have a certain time limit to withdraw your parcel. After this period, it will be automatically returned to you, at your expense.

1.5.4 – In case of late delivery, the customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. Flyeo proceeds to the refund of the product and the expenses “to go” under the conditions of the Article L 138-3 of the Code of the consumption.

1.5.5 – The moment the customer takes delivery of the product(s) the risks of loss or damage of the product(s) are transferred to him. Subject to the couriers T&C’s, it is the customer’s responsibility to notify the courier of any complaints regarding the delivered product(s). If the customer becomes aware of any problem after the departure of the courier, they must report it to Flyeo as soon as possible by email: info@flyeo.com or by phone: 04 699 699 10 and follow the procedure laid out in the couriers T&C’s.

1.5.6 – Flyeo holds limited responsibility of the delivery process of the product(s). The customer must refer to the couriers T&C’s for additional information.

 

1.6: Payment

1.6.1 – The payment is due immediately for the order of goods by all modes of payment that will be proposed during the ordering process.

 

1.7: Withdrawal period

1.7.1 – The customer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.

1.7.2 – The right of withdrawal can be exercised by contacting Flyeo as follows: by email: info@flyeo.com, or by phone: 04 699 699 10, at the following times: Monday to Friday 9:30 am – 5 pm, from 1st April – 31st October.

1.7.3 – In the case that the customer exercises the right of withdrawal within the aforementioned period, the price of the purchased product(s) excluding shipping costs will be refunded, the return costs being borne by the customer.

1.7.4 – Product returns are to be made in their original condition and complete (packaging, accessories, instructions etc.)

1.7.5 – A standard withdrawal form is reproduced at the end of these T & Cs.

1.7.6 – The refund will take place within 14 days from Flyeo having receipt of the product.

 

1.8: Guarantees

1.8.1 – The products sold on the Flyeo website comply with the regulations in force in France and have performance compatible with non-professional uses.

1.8.2     – The products supplied by Flyeo benefit from right, in accordance with the legal provisions:

a)    the legal guarantee of conformity, for products apparently defective, damaged or not corresponding to the order.

b)    the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

1.8.3 – In order to assert his rights, the customer must inform Flyeo, in writing, of the non-conformity of the product as soon as possible after its delivery or the discovery of hidden defects and return or report the defective product in the state in which it was received with all the elements (accessories, packaging, instructions etc.).

1.8.4 – Flyeo will refund, replace or repair the product or the part of the product under warranty deemed to be non-compliant or defective.

1.8.5 – The shipping costs will be refunded based on the invoiced rate, and the return costs will be reimbursed upon presentation of receipts.

1.8.6 – The reimbursement of the product deemed non-compliant or defective will be made as soon as reasonably possible following the finding by Flyeo of the lack of conformity or the hidden defect.

1.8.7 – The refund will be made by credit to the customer’s bank account or by check sent to the customer.

1.8.8     – Flyeo hold no responsibility in the following cases:

a) failure to comply with the legislation of the country in which the products are delivered, this it is the responsibility of the customer,

b) in the case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, normal wear of the product, accident or force majeure.

1.8.9 – The guarantee of Flyeo is, in any case, limited to the replacement or the refund of the non-compliant or defected product(s).

 

1.9: Complaints and mediation

1.9.1 – If necessary, the customer may submit any complaint by contacting Flyeo at the following:

·        Email- info@flyeo.com, or by phone – 04 699 699 10,

·        At the following times: Monday to Friday from 9:30 am – 5 pm,

·        From 1st April – 31st October.

1.9.2 – The customer may have recourse to a consumer mediator in accordance with Title I of Book VI of the Consumer Code.

1.9.3 – In case of failure of the complaint request with Flyeo customer service, or in the absence of a response within two months, the customer may submit the dispute to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.

 

1.10: Intellectual property rights

1.10.1 – Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Flyeo.

1.10.2 – No assignment of intellectual property rights is carried out through these T&C’s.

1.10.3 – Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

1.10.4 – If a third party wishes to establish a link with the Flyeo site, he must contact Flyeo before setting up the link pointing to the site or its content.

1.10.5 – If there are any links present on the Flyeo website that redirect the user to sites whose content is under the responsibility of the publishers of said websites, Flyeo holds no responsibility to the content of the third parties content.

 

1.11: Nullity and modification of the contract

1.11.1 – If one of the stipulations of the present contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.

 

1.12: Protection of personal data

1.12.1 – In accordance with the Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, Flyeo implements a personal data process which covers the sale and delivery of products and services defined in this contract.

 The customer is informed of the following:

1.12.2 – Flyeo, as indicated at the top of these T&C’s, is the controller,

1.12.3 – the processing is carried out on the legal basis of the contractual performance,

1.12.4 – the recipients of the data are the controller, its services or subcontractors in charge of marketing, computer security, sales, delivery, ordering, payment and any authority legally authorized to access the data in question,

1.12.5 – transfer outside the EU is not planned but may occur.

1.12.6 – the data will be kept for the duration of the commercial prescription,

1.12.7 – the data subject has the right to ask Flyeo access, rectification, erasure, limitation of the use of his personal data. It also has the right to oppose the processing and the right to portability of the data,

1.12.8 – the data subject has the right to lodge a complaint with a supervisory authority,

1.12.9 – some information requested during the ordering is essential to the establishment of the invoice (legal obligation) and the delivery of the goods ordered.

1.12.10 – No automated decision or profiling is implemented throughout the ordering process.

 

1.13: Applicable Law

1.13.1 – All clauses contained in these general conditions of sale, as well as all the purchase and sale operations, referred to therein, shall be subject to French law and the competent courts of the head office of Flyeo.

 

1.14: Provisions relating to legal warranties

1.14.1 – For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

a) Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have it acquired, or would have given a lower price, had he known them.

b) Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

c) In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.

d) Article L. 217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.

e) It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract, or has been carried out under its responsibility.

f)  Article L. 217-5 of the Consumer Code: The property conforms to the contract:

·         If it is fit for the customary use of a similar good and, where applicable.

·          if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model.

·         it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labelling.

·         Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

g) Article L. 217-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.

h) Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period.

i)  This period runs from the request for intervention of the buyer or the provision for repair of the property in question if this provision is subsequent to the request for intervention.

 

1.15: Cancellation form

This form must be completed and returned only if the customer wishes to retract the order placed on the website indicate exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

 

To Flyeo

 

I hereby notify the withdrawal of the contract for the ordering of the services below:

Date of the order:    ……………………………………………………………………….

Order number:        ………………………………………………………………………………………

Customer name:     ………………………………………………………………………………………

Customer address: ………………………………………………………………………………………

 

Signature of the Customer (only in case of notification of this form on paper)

 

 

 

2.   General conditions of sale of services

Flyeo Parapente: SARL ALEO with a capital of 16,900 EUROS, registered with the RCS of Annecy under the number 482 490 620, domiciled 400 Route of the Pont Monnet; 74210, Doussard (04 699 699 10 – info@flyeo.com) – hereinafter referred to as Flyeo.

 

2.1: Objective

2.1.1 – These General Conditions of Sale apply without restriction or reservation to all purchases of flight or paragliding between Flyeo and non-professional buyers (“the customer”) wishing to acquire the services offered for sale by Flyeo.

2.1.2By placing an order the customer accepts these Terms and Conditions (T&Cs) in full.

 

2.2: General Provisions

2.2.1 – Flyeo reserves the right to modify these T&Cs at any time by publishing a new version on its website.

2.2.2 – The applicable T&Cs are those in force on the date of payment of the order.

2.2.3 – The customer declares to be able to contract legally under French law or holds legal responsibility for the person to which they represent.

2.2.4 – The information recorded by Flyeo constitutes proof of all transactions.

 

2.3: Price

2.3.1 – The price of the products sold through on the Flyeo.com site, or on any printed material is indicated in euros.

2.3.2 – Flyeo reserves the right to change their prices at any time. Any new price will supersede the old price.

 

2.4: Retraction

2.4.1 – For any purchase on the internet, the customer has the right to withdraw without giving any reason, within fourteen (14) days of the order for the purchase of services without date or period determined at the time of purchase (good, gifts, etc.)

2.4.2 – For purchases for a specific date or for which the service started before the end of the 14 days, in accordance with the law, the customer has no possibility of withdrawal.

2.4.3 – The right of withdrawal can be exercised by contacting Flyeo as follows:

·         Email- info@flyeo.com, or by phone – 04 699 699 10,

·         At the following times: Monday to Friday from 9:30 am – 5 pm,

·         From 1st April – 31st October.

            2.4.4 – A standard withdrawal form is reproduced at the end of these T&C’s.

2.4.5 – The refund will take place within 14 days from the notification of the retraction.

 

2.5: Payment and down payments

2.5.1 – The payment is due immediately by all modes of payment that will be proposed during the ordering process.

2.5.2 – The reservation of services is effective upon receipt of the deposit. Without a deposit, the reservation is not effective and can be cancelled by Flyeo without notice.

 

2.6: Gift vouchers

2.6.1 – From the date of payment, the gift vouchers offered by Flyeo, are valid for 1 year. Beyond this period, Flyeo is not obliged to realize the paid benefit. The sums paid will remain acquired in full.

2.6.2 – Flyeo cannot be held responsible for making a late appointment with respect to the end of validity of the gift voucher if there are no more slots available before the expiry date of the voucher.

2.6.3 – The customer/beneficiary of the voucher must contact Flyeo in order to arrange an appointment to perform the service ordered by the customer.

 

2.7: Cancellation

2.7.1 – Paragliding is a free flight activity. As such, this practice is conditioned by meteorology and aerology. The customer is notified and acknowledges the possibility of Flyeo cancelling services due to adverse weather conditions up until the last minute.

2.7.2 – Flyeo reserves the right to cancel the service until the last moment for safety reasons by a decision of a member of the Flyeo staff.

2.7.3 – Flyeo reserves the right to cancel due to force majeure, pandemic or government restrictions. Flyeo holds no responsibility for losses to the customer due to cancellations that are outside of their control.

2.7.4 – Canceled services not mentioned within 2.7.3 will be refunded or postponed according to the availability of the customer. In case of cancellation, the deposit will be returned with a deduction of 30 euros for administrative expenses.

2.7.5 – Flyeo will, as far as reasonably possible, contact the customer/beneficiary of the gift voucher on the number that they have supplied, to warn them of the cancellation of the service or the uncertainty of its realization, following changes in areological conditions.

2.7.6 – Flyeo will not be held responsible, if the customer/beneficiary contacted by telephone, did not answer and/or did not take note of the message left. It is the customer’s responsibility to make sure their contact details are correct.

2.7.7 – Excluding tandem flights, during the course, Flyeo reserves the right to cancel for physical or psychological incapacity of the customer for his safety. In this case, the refund will be prorated to the cancelled duration.

2.7.8 – In case of serious illness, death, loss of employment, the deposit will be returned regardless of the period of notice, with a deduction of 30 euros for administration expenses, upon proof.

2.7.9 – Any cancellation by the customer must be notified in writing, including but not restricted to email.

 

2.7.10 – Tandem flights:

a)    In case of cancellation more than 7 working days before the scheduled date of the service, the deposit will be returned with a deduction of 5 euros for administration expenses. Between 7 and 3 working days before the date, 50% of the deposit will be retained. Less than 3 working days before the date, 100% of the deposit will be retained. Less than 24 hours and the total amount of the flight will be due and owing.

 

 2.7.11 – Courses:

a)    In case of cancellation more than 30 days before the scheduled start date, the deposit will be returned with a deduction of 30 euros for administration expenses. Between 14 and 30 days before the date, 50% of the deposit will be retained. Less than 14 days before the date, 100% of the course fee will be charged.

b)    In case of cancellation during the course (excluding Init/Perf – EP/CP), Flyeo will adapt the billing according to the service provided:

1.    Every ½ day will be billed at half a day,

2.    If the customer does the briefing and the theoretical lecture only, participation of 60 euros will be charged.

 

2.7.12 – SIV courses:

Nothing within 2.7.11 will supersede 2.8

a)    In case of cancellation more than 30 days before the scheduled start date, the deposit will be returned with a deduction of 30 euros for administration expenses. Between 14 and 30 days before the date, 50% of the deposit will be retained. Less than 14 days before the date, 100% of the course fee will be charged.

b)   In case of cancellation during the course, Flyeo will adapt the billing according to the service provided:

1.    if a flight is made on a day, 60 euros per person will be charged,

2.    if no flight is made but the pilot briefing, the material check accompanied by a theoretical lecture takes place, 60 euros per person will be charged,

3.    if the customer is taken to launch but does not fly, 60 euros will be charged.

4.    Any training interrupted by the pilot will be charged in full.

c)    The group price is between 6 and 8 people. In case of a group booking of fewer than 8 people, Flyeo reserves the right to open reservations to individuals to complete the group.

 

2.8: SIV course specific

2.8.1 – The 2-day course is validated when 4 flights are completed in the whole course.

2.8.2 – The 3 days course is validated as soon as 6 flights are made in the whole course.

2.8.2 – Flyeo reserve the right to use the client’s pictures and videos at their sole discretion.

 

2.9: Tandem flight-specific

2.9.1 – Flyeo reserves the right to cancel for physical or psychological incapacity of the customer/beneficiary, for his safety or that of the instructor, including but not limed to being to afraid to takeoff.

2.9.2 – The use of cameras is at the sole discretion of the pilot. Any camera used must be securely fastened and not hinder the safety of the flight in any way.

2.9.3 – Once the customer in the possession of the SD card of photos and videos, it is their sole responsibility. Any losses due to the misuse or misplacement of the card are the customer’s sole responsibility. Flyeo does not keep copies of photos and videos and will not indemnify the customer for any losses.

2.9.4 – Flyeo reserve the right to use the client’s pictures and videos at their sole discretion.

 

2.10: Delay

2.10.1 – In the event of a delay at the meeting place on the part of the customer/recipient of the voucher, Flyeo reserves the right to shorten the duration of the flight, depending on the duration of the delay or to cancel the flight if the duration remaining before the next meeting is insufficient to carry out the service.

2.10.2 – A delay of more than 5 minutes or a no show at the appointment will result in the cancellation of the flight by the customer. In this event, the full amount will be due and owing.

2.10.3 – Flyeo will not be held responsible for any delay due to areological conditions or safety of the passenger or pilot.

2.10.4 – Flyeo reserve the right to cancel the flight at any time.

 

2.11: Complaints and mediation

2.11.1 – If necessary, the customer may submit any complaint by contacting Flyeo at the following:

·        Email- info@flyeo.com, or by phone – 04 699 699 10,

·        At the following times: Monday to Friday from 9:30 am – 5 pm,

·        From 1st April – 31st October.

2.11.2 – The customer may have recourse to a consumer mediator in accordance with Title I of Book VI of the Consumer Code.

2.11.3 – In case of failure of the complaint request with Flyeo customer service, or in the absence of a response within two months, the customer may submit the dispute to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.

 

2.12: Nullity and modification of the contract

2.12.1 – If one of the stipulations of the present contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.

 

2.13: Protection of personal data

2.13.1 – In accordance with the Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, Flyeo implements a personal data process which covers the sale and delivery of products and services defined in this contract.

 The customer is informed of the following:

2.13.2 – Flyeo, as indicated at the top of these T&C’s, is the responsible entity,

2.13.3 – the processing is carried out on the legal basis of the contractual performance,

2.13.4 – the recipients of the data are the controller, its services or subcontractors in charge of marketing, computer security, sales, delivery, ordering, payment and any authority legally authorized to access the data in question,

2.13.5 – transfer outside the EU is not planned but may occur.

2.13.6 – the data will be kept for the duration of the commercial prescription,

2.13.7 – the data subject has the right to ask Flyeo access, rectification, erasure, limitation of the use of his personal data. It also has the right to oppose the processing and the right to portability of the data,

2.13.8 – the data subject has the right to lodge a complaint with a supervisory authority,

2.13.9 – some information requested during the ordering is essential to the establishment of the invoice (legal obligation) and the delivery of the goods ordered.

2.13.10 – No automated decision or profiling is implemented throughout the ordering process.

2.13.11 – The client gives permission for Flyeo to use their pictures and videos taken during the course to use at their sole discretion.

 

2.14: Applicable Law

2.14.1 – All clauses contained in these general conditions of sale, as well as all the purchase and sale operations, referred to therein, shall be subject to French law and the competent courts within the catchment of the head office of Flyeo.

 

2.15: Cancellation form

This form must be completed and returned only if the customer wishes to retract the order placed on the website indicate exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

 

To Flyeo

 

I hereby notify the withdrawal of the contract for the ordering of the services below:

Date of the order:   ……………………………………………………………………….

Order number:        ………………………………………………………………………………………

Customer name:     ………………………………………………………………………………………

Customer address: ………………………………………………………………………………………

 

 

Signature of the Customer (only in case of notification of this form on paper)