GENERAL CONDITIONS OF PROVISION OF SERVICES
RC-AEROPASSION is a simplified joint stock company with capital of 1,210,000.00 euros, whose registered office is located at 273 Avenue Francis Tonner, Aéroport de Cannes Mandelieu Hangar 14, 06150 CANNES LA BOCCA, registered in the trade and companies register of Cannes under number B 801 076 753, represented by Mr. Xavier BICH acting as Chairman, duly authorized for the purposes hereof (hereinafter referred to as “RC-PASSION”).
RC-PASSION is a radio-controlled model making specialist which notably offers design, assembly, adjustment and repair services for drone / multirotor helicopters, airplanes, boats / sailboats, cars, motorcycles (hereinafter the “Products”).
These general service conditions (hereinafter the “General Conditions”) form, together with the order form mentioned in Article 2.1 (hereinafter the “Order form”), all of the contractual provisions (hereinafter the “Contract”) governing, in this context, the relationship between RC-PASSION and the Customer (hereinafter the “Parties”).
The signing of the Purchase Order implies full and complete acceptance of these general conditions concomitantly given to the Customer.
ARTICLE 1 - FORMATION OF THE CONTRACT
1.1 Subject to the provisions of Article 1.3, the Contract is concluded on the date of signature by the Customer of the duly completed Order Form (“the Conclusion of the Contract”).
1.2 The Purchase Order mentions all of the Customer's specifications and other customization elements desired by the latter as well as the product model. If applicable, a drawing representing the Product designed by RC-PASSION with a view to meeting these specifications and other personalization elements are appended to the Order Form.
1.3 Where applicable, the Order Form mentions the deposit that the Customer undertakes to pay to RC-PASSION within a maximum period of two (2) weeks from the conclusion of the Contract, said deposit being, in any event , definitively acquired by RC-PASSION upon payment by the Customer in accordance with article L.131-2 of the Consumer Code. In this case, the Contract is expressly concluded under the resolutive condition of payment by the Customer, within the aforementioned period, of the full amount of the deposit mentioned in the Order Form. Otherwise, the Contract is automatically terminated at the end of the aforementioned period without formality.
1.4 The validity of the Purchase Order is limited to the period which will be specified in this document. Each offer will be subject to the resolutory condition that the costs which enter into the determination of the price remain unchanged during the fixed validity period, and may therefore be subject to revision in the event of an increase in the price of one elements used to determine the price of the offer.
ARTICLE 2 - MODIFICATIONS - CANCELLATION
All modifications to the order by the Customer, subsequent to the establishment of the Order Form, will result in a possible modification of the price, depending on the case. No modification of the order, in quantity or quality, subsequent to the conclusion of the Contract will be accepted by RC-PASSION without the signature of a specific agreement by the Parties. Any modification of an accepted order occurring during execution will lead to an extension of the delivery times.
ARTICLE 3 - EXECUTION TIMES
Due to the specific nature of the Services provided which may require the use of several suppliers and the interdependence of the various stakeholders in the manufacture and assembly of the various components, the execution times for the Services will be indicated in the Order Form. . RC-PASSION undertakes to warn the Customer of any delay in the execution times given as soon as it becomes aware of the occurrence of a difficulty or a failure of one of its suppliers and / or sub- treating people.
ARTICLE 4 - PRICE - INVOICING - 3 TIMES WITHOUT CHARGE
4.1 Subject to the provisions of Article 1.3, the Services are invoiced by RC-PASSION to the Customer on the basis of the price mentioned on the Order Form.
4.2 At the Customer's request, RC-PASSION may be required to provide the latter with specific packaging, storage and transport services for the Product according to the terms and prices mentioned, if applicable, on the Order Form.
4.3 Unless special provision appears, where applicable, on the Order Form, any invoice issued by RC-PASSION is payable upon receipt, after deduction of the amount of any deposit mentioned in Article 1.3 and included on said invoice.
4.4 Any late payment entails, as of right and without prior notice, the application of late payment penalties calculated on the basis of an interest rate equal to three times the legal interest rate in force in France. , without prejudice, on the one hand, to the possibility for RC-PASSION to notify the Customer of the automatic termination of the Contract and, on the other hand, to any damages that may result therefrom.
4.5 3 times free of charge. RC-Passion reserves the right of full ownership of the goods during a 3-time free of charge as long as the latter has not been paid in full. RC-Passion may therefore claim from the customer the goods without delay.
ARTICLE 5 - DELIVERIES - TRANSFER OF RISKS
The place of delivery is indicated in the Order Form given to the Customer. The conformity of the order must imperatively be checked at the time of delivery by the Customer. RC-PASSION will test the product, object of the Services, in the presence of the Customer (hovering 1.50m from the ground) unless the Customer expressly refuses. The transfer of risks will take place as soon as the acceptance report is signed by the Customer, upon delivery of the order. If applicable, any lack of conformity must be indicated by the Customer on the acceptance report. Once the report has been signed by the Customer, the latter bears the risk burden on the Product. If applicable, RC-PASSION will provide the Customer, upon delivery, with the instructions for use of the electronic or mechanical components of the Product, as well as the warranty conditions attached to the spare parts.
ARTICLE 6 - RESPONSIBILITY
RC-PASSION draws the Customer's attention to the fact that the Products, objects of the Services, are technical products requiring the practice of radio-controlled model making, and that certain faults or malfunctions can only be the consequence of improper use of the Product. . RC-PASSION invites the Customer to follow the instructions in the notices accompanying certain Products.
In the event of a defect duly recognized by RC-PASSION, the latter's obligation will be limited to replacement by an equivalent service. It is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies observed. He will have to leave RC-PASSION every facility to proceed to the observation of these defects or anomalies.
Certain Products also benefit from a specific contractual guarantee from the manufacturer, the terms of which are set out in a document provided upon delivery.
ARTICLE 7 - AFTER-SALES SERVICES
In the event of a defect in the Product during the period of the manufacturer's legal or contractual warranty mentioned in the user manual, the Customer can contact RC-PASSION to ensure the link with the manufacturer. The cost of returning defective Products remains the responsibility of the Customer.
ARTICLE 8 - INTELLECTUAL PROPERTY
Studies and projects, sketches, models, prototypes, produced at the request of the Customer, remain the exclusive property of RC-PASSION. All creative rights, and in particular reproduction and adaptation rights related to studies and projects, are strictly reserved to it. In the event of a request for adaptation or reproduction of existing models, models or prototypes, which the Customer entrusts to RC-PASSION for the performance of the Services, the Customer shall guarantee that he holds all the necessary rights.
ARTICLE 9 - FORCE MAJEURE
In the event of force majeure or any event making it impossible for RC-PASSION to make the delivery within the agreed times, the delivery times will be extended until the extinction of the cause preventing the execution of the delivery. The following cases will in particular be considered as cases of force majeure: strike, lockout, deficiency or failure of one or more supplier or subcontractor partners, manufacturing defect in one of the components, difficulties in assembling the various components, changes in standards, shortage of raw materials, fire, flooding, transport difficulties, modification of applicable regulations, and more generally any event making RC-PASSION unable to fulfill the order.
ARTICLE 10 - REGULATIONS
RC-PASSION draws the Customer's attention to the fact that the use of certain Products, in particular drones, multirotors and airplanes, may be subject to specific regulations and / or use restrictions. In particular, two decrees of April 11, 2012 relating to the use of airspace by aircraft traveling without anyone on board regulate the use of drones. For any additional information concerning the regulations applicable to the Products, the Customer can contact RC-PASSION or the Directorate General of Civil Aviation (DGAC) or obtain information on the website of the Ministry of Ecology, Development sustainable and energy.
ARTICLE 11 - WITHDRAWAL PERIOD
Rc-Passion applies applicable withdrawal periods of 14 legal days for any purchase made on a distance sale. The item (s) must return in their original closed packaging with the packaging in perfect condition, accompanied by their purchase invoice. The return of the item and the risks associated with the transport during the return are the responsibility of the customer. An email request must be made before any return with our agreement and RMA number.
ARTICLE 12 - APPLICABLE LAW - COMPETENT COURT
These General Conditions are subject to French law. All disputes concerning the validity, interpretation, execution, termination, consequences and consequences of these General Conditions are the responsibility of the competent French courts under the conditions of common law.