The parties
Between AIRLAB LLC
1209 MUNTAIN ROAD PL NE STE N, ALBUQUERQUE, NM 87110, United States
The company may be contacted by email using the contact form accessible from the website's home page.
Hereinafter referred to as the 'Seller' or the 'Company', on the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as the 'Buyer' or the 'Customer', on the other hand,
The following has been stated and agreed:
Preamble
The Seller provides AIRTRACK FRANCE Products and Services for consumers, marketed through its websites (https://airtrackfr.com). The list and description of the goods and services offered by the Company may be consulted on those websites.
Purpose
These Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
General provisions
These Terms and Conditions of Sale govern sales of Products or Services made through the Company's websites and form an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who accepted them before placing an order.
The Seller reserves the right to amend these terms at any time by publishing a new version on its website. The applicable terms are those in force on the date of payment for the order, or the first payment where payment is made in instalments. These terms may be consulted on this page of the Company's website.
The Company also ensures that acceptance is clear and unconditional through a checkbox and a confirmation click. The Customer declares that they have read all these Terms and Conditions of Sale and, where applicable, any Special Terms of Sale relating to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that they have received the advice and information needed to ensure that the offer meets their needs.
The Customer declares that they have the legal capacity to enter into a contract under French law or are duly authorised to represent the individual or legal entity on whose behalf they are acting.
Unless proved otherwise, the information recorded by the Company constitutes evidence of all transactions.
Prices
This article was updated on 5 October 2021
Unless otherwise stated on the invoice:
Prices of products sold through the websites are stated in euros inclusive of all taxes and are specified on the Product description pages. The Company reserves the right to change its prices at any time for future orders. Telecommunications costs required to access the Company's websites are borne by the Customer.
Prices include delivery to the following countries: mainland France, Spain, Italy, Germany, Luxembourg, Belgium, the Netherlands, Monaco, Andorra, Poland, Slovenia and Denmark.
Concluding the contract online
In accordance with Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically and place an order: receive information about the Product's essential characteristics; select the Product and any options; provide the Customer's essential contact details (identity, email, address, etc.); accept these Terms and Conditions of Sale; check the order details through the double-click confirmation process and correct any errors. Before confirming, the Buyer may review their order details and price, correct any errors or cancel the order. Confirmation of the order forms this contract. The Customer then follows the payment instructions, pays for the products and receives delivery of the order. The Customer will receive email confirmation of payment and an acknowledgement
confirming receipt of the order. They will receive a PDF copy of these Terms and Conditions of Sale.
During the ordering process, the Customer may identify and correct any data-entry errors. The language offered for concluding the contract is French.
Communications, orders, order details and invoices are archived on a reliable, durable medium to provide a faithful and lasting copy in accordance with Article 1360 of the French Civil Code. This information may be produced as evidence of the contract.
Products will be delivered to the address provided by the Customer. To enable the order to be fulfilled properly, the Customer undertakes to provide accurate identification details. The Seller reserves the right to refuse an order, for example in the case of an abnormal request, a request made in bad faith or any legitimate reason.
Products and services
The essential characteristics of the goods and services, their respective prices and, where applicable, product instructions are made available to the Buyer on the Company's websites. In accordance with Article L112-1 of the French Consumer Code, consumers are informed through marking, labelling, display or another appropriate method of prices and any special conditions of sale or provision of services before the sales contract is concluded. In all cases, the total amount payable by the Buyer is stated on the order confirmation page. The product's selling price is the price shown on the order date, excluding any additional delivery charges. Any such charges are disclosed to the Buyer during the sales process and, in any event, when the order is confirmed. The Seller reserves the right to change prices at any time while guaranteeing the price shown when the order was placed. Where products or services are not supplied immediately, clear information about delivery dates is provided on the product presentation page. The Customer acknowledges receiving a breakdown of delivery charges and information about payment, delivery and performance of the contract, together with detailed information about the Seller's identity, postal address, telephone number, email address and activities relevant to this sale. The Seller undertakes to fulfil the Customer's order only within the limits of available Product stock. If a product is unavailable, the Seller informs the Customer; if the order has already been placed and no agreement is reached on a new delivery date, the Seller refunds the Customer.
Contractual information is presented in detail in French. The parties agree that illustrations or photographs of products offered for sale are not contractually binding. The validity period of Product offers and prices is specified on the Company's websites, as is the minimum duration of contracts for continuous or periodic supplies of products or services. Unless special conditions apply, rights granted under these terms are granted only to the individual signing the order or the holder of the email address provided.
Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these terms comply with the applicable requirements concerning personal health and safety, fair trading and consumer protection. Irrespective of any commercial warranty, the Seller remains liable for lack of conformity and hidden defects in the product.
In accordance with Article L.217-4, the Seller delivers goods that conform to the contract and is liable for any lack of conformity existing on delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where installation was their responsibility under the contract or was carried out under their responsibility.
In accordance with the statutory provisions on conformity and hidden defects (Article 1641 of the French Civil Code), the Seller refunds or exchanges defective products or products that do not match the order. A refund may be requested by email at contact@airtrackfr.com.
Retention of title
Products remain the property of the Company until the price has been paid in full.
Delivery arrangements
Products are delivered to the delivery address given when ordering and within the stated period of 3 to 5 working weeks. These periods do not include order preparation time. Products ordered together may have different delivery times and may be dispatched by DHL, TNT, FEDEX or another private carrier. In the event of late dispatch, the Customer may not claim a financial penalty. The Seller is free to decide whether to offer compensation. In the event of late delivery, the Customer may terminate the contract under the conditions and procedures set out in Article L 138-2 of the French Consumer Code. The Seller then refunds the product and outbound delivery charges under Article L 138-3 of that Code. The Seller provides a telephone contact point, charged at the cost of a local call from a landline and stated in the order confirmation email, for tracking the order. The Seller reminds the Customer that the risk of loss or damage transfers to the Customer when they take physical possession of the products. The Customer must notify the carrier of any reservations concerning the delivered product.
Availability and presentation
If an item is unavailable for more than 30 working days, you will be notified immediately of the expected delivery time and may cancel that item on request. The Customer may then request a credit for the item's value or a full refund and cancellation of the order.
Payment
Payment is due immediately when the order is placed, including for pre-ordered products. The Customer may pay by payment card or bank cheque. Cards issued by banks based outside France must be international payment cards, Mastercard or Visa. Secure online card payment is handled by our payment service provider. Transmitted information is encrypted using industry-standard methods and cannot be read while travelling over the Internet. Once payment is initiated by the Customer, the transaction is debited immediately after the information has been checked. Under the French Monetary and Financial Code, an instruction to pay by card is irrevocable. By providing their bank
details during the sale, the Customer authorises the Seller to charge their card for the stated price. The Customer confirms that they are the legal holder of the card being charged and are legally entitled to use it. If an error occurs or the card cannot be charged, the Sale is automatically terminated immediately and the order is cancelled.
Withdrawal period
In accordance with Article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving a reason within fourteen (14) days of receiving their order. This right may be exercised by contacting the Company by email at contact@airtrackfr.com. If the right of withdrawal is exercised within that period, the price of the purchased products and outbound delivery charges will be refunded; return costs remain payable by the Customer. Products must be returned complete and in their original condition, including packaging, accessories and instructions, and should, where possible, be accompanied by a copy of the proof of purchase.
Warranties
In accordance with the law, the Seller provides warranties covering conformity and hidden defects in products. The Seller refunds the Buyer or exchanges products that are visibly defective or do not match the order. Refund requests must be made by email at contact@airtrackfr.com. The Seller reminds consumers that they have two years from delivery to bring a claim against the Seller; they may choose between replacement and repair, subject to the conditions in the provisions referred to above, for goods that are visibly defective or do not conform; they do not have to prove that a lack of conformity existed during the six months following delivery; except for second-hand goods, this period is extended to 24 months from 18 March 2016; they may also invoke the warranty against hidden defects under Article 1641 of the French Civil Code and, in that case, choose between cancellation of the sale and a reduction in the selling price under Article 1644 of the French Civil Code.
Complaints and mediation
Where applicable, the Buyer may submit a complaint by contacting the Company using the following details: contact@airtrackfr.com.
In accordance with Articles L. 611-1 to L. 616-3 of the French Consumer Code, consumers are informed that they may refer a dispute to a consumer mediator under the conditions set out in Title I of Book VI of that Code.
If a complaint to the Seller's customer service department is unsuccessful or receives no response within two months, the consumer may refer the dispute to a mediator, who will independently seek to bring the parties together to reach an amicable resolution.
Termination of the contract
The Buyer may cancel the order by registered letter with acknowledgement of receipt in the following cases: delivery of a product that does not match the order specifications; delivery after the deadline agreed when ordering or, where no date was agreed, more than thirty days after payment; an unjustified price increase or a change to the product. In these cases, the Buyer may request repayment of the deposit, together with interest calculated at the statutory rate from the date the deposit was received.
Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts and, more generally, any information protected by intellectual property rights are and remain the Seller's exclusive property. These terms do not transfer any intellectual property rights. Any total or partial reproduction, modification or use of these assets for any purpose is strictly prohibited.
Force majeure
Performance of the Seller's obligations under these terms is suspended in the event of an unforeseen event or force majeure preventing performance. The Seller will inform the Customer of such an event as soon as possible.
Invalidity and amendments to the contract
If any provision of this contract is declared invalid, this does not invalidate the remaining provisions, which continue to apply between the parties. Any contractual amendment is valid only following a written agreement signed by the parties.
Personal data protection
In accordance with 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, the Seller processes personal data for the sale and delivery of the products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, its representative are those of the Seller stated at the beginning of these terms; the contact details of the data protection officer are: contact@airtrackfr.com The legal basis for processing is performance of the contract.
Recipients or categories of recipients of personal data, where applicable, are the data controller, its marketing and IT security departments, the departments responsible for sales, delivery and orders, subcontractors involved in delivery and sales, and any authority legally authorised to access the personal data concerned. No transfer outside the EU is planned. Data is retained for the applicable commercial limitation period. Data subjects may ask the controller to provide access to their personal data, correct or erase it, or restrict its processing; they also have the right to object to processing and the right to data portability. Data subjects may lodge a complaint with a supervisory authority. Information requested when ordering is required to issue the invoice, a legal obligation, and deliver the ordered goods; without it, the order cannot be placed. No automated decision-making or profiling is used in the ordering process.
Applicable law and contractual provisions
All clauses in these Terms and Conditions of Sale, and all purchases and sales to which they refer, are governed by French law.
The invalidity of a contractual clause does not invalidate these Terms and Conditions of Sale.
Consumer information
For consumer information, the following provisions of the French Civil Code and French Consumer Code are reproduced below:
Article 1641 of the French Civil Code: The seller is liable under the warranty for hidden defects in the item sold that make it unfit for its intended use, or reduce that use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.
Article 1648 of the French Civil Code: An action arising from defects giving grounds for rescission must be brought by the buyer within two years of discovering the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of being time-barred, within one year of the date on which the seller may be released from liability for apparent defects or lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing on delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where installation was their responsibility under the contract or was carried out under their responsibility.
Article L. 217-5 of the French Consumer Code: Goods conform to the contract if: 1. They are fit for the use normally expected of similar goods and, where applicable, match the description given by the seller and have the qualities presented to the buyer as a sample or model; and have the qualities a buyer may legitimately expect in view of public statements made by the seller, producer or their representative, particularly in advertising or labelling; or 2. They have the characteristics agreed by the parties or are fit for a particular purpose required by the buyer, made known to the seller and accepted by the seller.
Article L. 217-12 of the French Consumer Code: An action arising from lack of conformity is time-barred two years after delivery of the goods.
Article L. 217-16 of the French Consumer Code: Where the buyer requests repair covered by a commercial warranty granted on the purchase or repair of movable goods during that warranty period, any period of unavailability of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or from the date the goods are made available for repair, if that is later than the request.
