The Opale Paramodels and Opale Parachutes online shops were established by Opale Aerosystem, which is the owner of the websites. Any taking of order in conformance with a product appearing within the online shops of the following web sites http://opale-paramodels.com and http://opale-parachutes.com supposes the preliminary consultation of the present general conditions.
Company name : Opale Aerosystem SARL
Head office address : 23 rue de la Motte, 62250 MARQUISE (FRANCE)
Siret number : 524 722 329 00033
VAT registration number : FR74524722329
Phone number : +33 (0)981 114 387
Website address : http://opale-paramodels.com
E-mail address : email@example.com
Office hours : 9h00 – 12h00 / 14h00 – 17h00
As a consequence, the consumer recognizes to be perfectly informed about the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, as far as the customer wishes to order on-line products presented within the framework of the shop of the website.
Article 1 : The present general terms and conditions declare all the obligations of the parties.
The consumer is considered for accepting without reserve the completeness of measures foreseen in these general conditions. No general or specific in documents sent or given by the consumer will be incorporated herein, since these documents are inconsistents with these conditions.
Article 2 : Object
These Conditions of Sale are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company Opale Aerosystem SARL to the consumer.
Article 3 : Contractual documents
This contract consists of the following contractual documents, presented in descending order: these terms, the purchase order. In case of contradiction between the measures contained in the documents of different rank, the measures of the document of superior rank will prevail.
Article 4 : Entry into force
These conditions come into force on the date of signing the purchase order and are concluded for duration necessary for the supply of the goods and services purchased.
Article 5 : Electronic signature
The « double clic » of the consumer as a purchase order constitute an electronic signature which has, between the parties, the same value than a handwritten signature.
Article 6 : Order confirmation
The contractual information will be confirmed via e-mail to the address indicated by the consumer in the purchase order.
Article 7 : Transaction proof
The computerised record stored in our computer systems and those of our partners in reasonable security conditions will be considered as proof of the transaction orders and payments between the parties. The archiving of our order, forms and invoices, is done on reliable and long lasting supports in order to provide a true and long lasting copy.
Article 8 : Products informations
Article 9 : Price
Prices are quoted in Euros and are valid only at the date of dispatch of the purchase order by the consumer. They do not take account of the expenses of delivery, invoicees in supplement. The prices take into account the French VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site. Payment must be made in full at the time of ordering. The sums paid can never be considered to be deposits or part payments.
Article 10 : Payment method
To settle his order, the consumer has, in his choice, all the payment conditions aimed within the order form. The consumer guarantees the Opale Aerosystem SARL company that he arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The company opale Aerosystem SARL reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of credit card payment and/or any other payment on behalf of the officially accredited organizations, or in the event of litigation of payment.
The Opale Aerosystem SARL company notably reserves the right to refuse to make a delivery or to honor a order emanating from a consumer who would not have settled totally or partially a previous order or with whom a dispute of payment would be in the course of administration.
Article 11 : Products availibility
The order will be fulfilled no later than three days with effect from the following day after the purchaser has confirmed his order. In case of the unavailibility of an ordered product, regarding our suppliers, In the event of unavailability of a product ordered, notably due to our suppliers, the consumer shall be informed as soon as possible and shall have the option of cancelling in the 8 days following the day of the purchase order . The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or exchange the product.
Article 12 : Delivery modalities
The order will be sent to the address indicated by the customer on the purchase order.
The consumer is anxious to verify the state of the packaging of the goods in the delivery and to indicate the damages due to the carrier on the delivery order, as well as to the company Opale Aerosystem SARL, within one week.
As regards the sending, we work essentially with Colissimo Suivi and Chronopost. As soon as we proceed to the shipment, the customer will be immediately informed about it by email.
To minimize transportation costs, all products of low and moderate congestion are shipped by postal service Colissimo Suivi or Colissimo Access according to the customer choice.
The choice made by the consumer to use the Colissimo Access shipment method is excluding any insurances. This is mentioned before the validation of the consumer’s order.
If the original product(s) ordered were no longer available, we would reimburse you the cost of the goods lost by the carrier.We decline any responsibility as for the elongation of delivery periods because of the carrier, notably in case of loss of products or strike.
Article 13 : Shipment issue due to the transporter
Any abnormality concerning the delivery (average, product missing with regard to the delivery order, the damaged parcel, produced broken) must be necessarily indicatedon the delivery order in the form of " handwritten reserves ", accompanied with the signature of the customer.The consumer will have to confirm at the same time this abnormality by informing our customer service : firstname.lastname@example.org
Article 14 : Shipment errors
All claims placed after this date will be rejected.
o First and foremost by e-mail at email@example.com
o Or by phone at +33 (0)981 114 387 [Opening hours Monday to Friday (from 9.00 AM to 12.00AM and from 2.00 PM to 5.00 PM)]
Opale Aerosystem SARL
23 rue de la Motte
To be accepted, any return must be beforehand indicated to the Customer service of the company Opale Aerosystem SARL.
The shipping costs are at the customer’s expense.
Article 15 : Products warranty
According to the Article 4 of the decree N 78-464 of March 24th, 1978, the structure of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee him against all the consequences of the latent defects of the sold thing.
In the event of a return for warranty coverage, the costs of returning the consumer to the seller are the responsibility of the consumer.
If the warranty is covered, the costs of transporting the product from the seller to the manufacturer are covered by the seller. The return costs from the seller to the customer will also be the responsibility of the seller. If the warranty is not validated by the manufacturer, the various transit costs will be invoiced to the customer.
Article 16 : Right of withdrawal
The consumer (non professional individual) has a delay of 7 working days to return, at his expenses, products not being convenient for him. This period starts from the date of receipt of the consumer's order. If this period expires on a Saturday, a Sunday or a bank holiday, or other non working day, it will be extended to the first working day thereafter.
Any return must be beforehand indicated with the Customer service of the company Opale Aerosystem SARL :
Only over the returned products as a whole, in their original packaging complete and intact, and in perfect condition for resale. Any roducts that have been damaged will not be refunded or exchanged.
In case of assembly service, special order on request or custom construction, there will be no possibility of withdrawal and cancellation of order.
Each paragliding kit, paramotor or skydiver, valued at € 800 (incl tax)or more, is manufactured to order, can not be refundable and subject to the withdrawal period once the paiement has been validated.
This right of withdrawal is applied without penalty, with the exception of the expenses of return. In the hypothesis of the exercise of the right of retraction, the consumer has the choice to ask either for the repayment of the paid sums minus the shipping costs necessary to resend the product to the delivery address, or for the exchange of the product. In the event of an exchange, replacement products will be shipped at the user's expense.
In case of exercising the right of withdrawal, the company Opale Aerosystem SARL will make every effort to reimburse the consumer within 15 days following the request. However, given the technical nature of the goods, this period may be extended to 30 days, especially when the product needs a technical audit (see products to be tested beforehand).
The consumer will be then reimbursed by check, by paypal or bank transfert as the case may be.
Article 17 : Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. It will be considered as force majeure any irresistible facts or circumstances, outside the parts, unpredictable, inevitable, independent from the will of the parts and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible.
The party affected by such circumstances shall notify the other party within ten business days following the date on which it is aware. Both parties will then meet within one month, except if the act of God prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled.
Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the decisions of French courts and tribunals: blocking means of transport, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 18: Non partial validation
If any provision of these Terms are held to be invalidated or declared such under any law, regulation or following a final decision of a competent court, other provisions shall remains in full force and scope.
Article 19 : Non renunciation
The fact for one of the parts not to take advantage of a neglect by the other part in the one some of the obligations aimed in the present general conditions would not know how to be interpreted for the future as a renunciation of the obligation in cause.
Article 20 : Applicable law
These terms & conditions are governed by French Law. This is for the fund rules as to the rules of form. In case of dispute or of complaint, the consumer will address first and foremost the company Opale Aerosystem SARL to obtain an amicable solution.
Article 21: Data protection and freedom
The information that is requested from the purchaser is necessary for the processing of his order and can not be communicated to the contractual partners of Opale Aerosystem SARL intervening within the framework of the execution of this order.
Article 22: Disputes
In case of dispute, the Commercial Court of Boulogne sur mer is the competent court.