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TERMS AND CONDITIONS OF SALE

The present General Terms and Conditions of Sale are entered into between, on the one hand, Mr Anthony Petitprez’s sole proprietorship, located at 47 rue Elie Dessaint, 59169 Roucourt, registered with the Registre du Commerce et des Sociétés under the Siret number 89495183900014, hereinafter referred to as the “Seller” or “the Company”, and, on the other hand, the individual or legal entity purchasing products or services from the Company, hereinafter referred to as the “Buyer”, or “the Customer”.

Any purchase from the https://theaircompanion.com// website (hereinafter the “Site”) automatically implies acceptance of these terms and conditions in their entirety.

It has been explained and agreed as follows:

PREAMBLE

The Seller sells finished durable goods, marketed through its website https://theaircompanion.com/. The list and description of goods and services offered by the Company can be consulted on the aforementioned site.

Article 1: Purpose and general provisions

The present General Terms and Conditions of Sale determine the rights and obligations of the Parties in the context of the online sale of Products offered by the Company.

These General Terms and Conditions of Sale (GTCS) apply to all sales of Products made through the Company’s website and form an integral part of the Contract between the Buyer and the Seller. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GCS applicable are those in force at the date of the order. These GCS can be consulted on the Company’s website at the following address: https://theaircompanion.com/mentions-legales/. The Customer formalises his full and entire acceptance of these GCS at the time of the Order, which is formalised by the validation of a checkbox. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has ascertained the suitability of the offer for his needs, in particular through the information available on the Company’s website. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she can validly represent the individual or legal entity for which he/she is contracting. It is agreed between the Parties that, in the absence of proof to the contrary provided by the Customer, the information recorded by the Company shall be considered as constituting proof of all transactions.

Article 2: Prices

The prices of products sold through the websites are indicated in Euros, inclusive of all taxes (VAT + any other taxes) and are precisely determined on the product description pages. They are also indicated in euros excluding taxes on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall under the jurisdiction of the Company. The purchaser will be responsible for these costs (declarations, payment to the relevant authorities, etc.). The Company invites the purchaser to obtain information on these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company’s websites shall be borne by the Customer. Delivery charges may also apply.

Article 3: Online contracting

The Customer must follow a series of steps specific to each Product offered for sale by the Company in order to place an order. However, the steps described below are systematic:

Information on the essential characteristics of the product;
Choice of product and, if applicable, its options and indication of the customer’s essential data (identification, address, etc.);
Acceptance of these Terms and Conditions.
Checking order items.
Validation
Follow-up of payment instructions, and payment of products.
Product delivery. The Customer will then receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order. For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, and in accordance with article 1366 of the French Civil Code, the Customer undertakes to provide truthful identification details. The Company reserves the right to refuse an order, for example in the event of an abnormal request, a request made in bad faith or for any other legitimate reason.

Article 4: Products

The essential characteristics of the goods and their respective prices are made available to the buyer on the Company’s website. The Customer confirms that he has received details of the terms of payment and the costs of delivery, delivery and execution of the order. The Company undertakes to honour the Customer’s order within the limits of available stocks of Products only. If this is not the case, the Company will inform the Customer as soon as possible. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated.

The Parties agree that the illustrations or photos of the Products have been taken so that the Products are as representative as possible of the Products sold and delivered to the Customer. Nevertheless, due to the technical constraints of putting these photos and illustrations online, The AirCompanion cannot guarantee that the Products will be exactly identical to the photographs. The AirCompanion offers a number of photos and descriptions to explain the products in as much detail as possible. For further information, the Customer may contact our customer service department at contact@The AirCompanion.com or via the contact form.

The period of validity of the offer of Products and their prices is specified on the Company’s Internet Site, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services.

Article 5 – Legal warranties

In accordance with Articles L.217-1 to L.217-32 of the French Consumer Code and Articles 1641 et seq. of the French Civil Code, the Products sold by The AirCompanion are covered by the legal warranties of conformity and latent defects. The AirCompanion is liable for hidden defects in the Products sold which render them unsuitable for or significantly affect their intended use. The customer may bring an action on the basis of a latent defect within two years of discovery of the defect. Within this framework, The AirCompanion undertakes, after appreciation of the defect and according to the choice of the Customer either :

– to reimburse the full price of the Product concerned;

The Customer may bring an action on the basis of a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed from the time of delivery. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal guarantee of conformity entitles the Customer to repair or replace the Product within thirty days of his request, free of charge and without any major inconvenience for him.

Within this framework, The AirCompanion , according to the Customer’s choice, undertakes, after appreciation of the defect either :

– to refund the price of the Product in question against return of the Product;

– exchange the Product for a Product that conforms to the Order within thirty days

The Customer is also entitled to a reduction in the price of the Product or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction of the price or rescission of the contract. The Customer is then not obliged to request repair or replacement of the Product beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the product is immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired product.

Exchange or refund can be requested as follows:

Requests for exchange or refund must be made by e-mail to the following address: contact@TheAirCompanion.com within 14 days of delivery,
The Customer returns the product at his own expense,
The refund or exchange will be made within 14 days of receipt of the product.

Article 6: Retention of title

Products remain the property of the Company until full payment has been received.

Article 7: Delivery terms

Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframe specified during the Product Order process and prior to the validation of the Order. Delivery times are also indicated in the Order confirmation e-mail sent to the Customer. Delivery times include the preparation and dispatch of the Order, as well as the time it takes for the Products to reach the delivery point (the Customer’s postal address).

In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences for the delivery time indicated. In the absence of indication on the Site of a delivery period for the Products, The AirCompanion undertakes to deliver them within a maximum period of 30 (thirty) days as from the email of validation of the Order sent to the Customer by The AirCompanion.

The Vendor provides a point of contact indicated in the order confirmation email in order to follow up the order. The Vendor reminds you that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer. It is the customer’s responsibility to notify the carrier of any reservations regarding the product delivered. The AirCompanion by Boost Digital cannot be held responsible for any delay in delivery resulting from the Customer’s unavailability.

Article 8: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to our suppliers’ available stocks. If a product is unavailable after you have placed your order, we will inform you by e-mail. After being informed of this, the customer may decide, if he wishes, to maintain his order under the new conditions, or to request its cancellation. In the latter case, the order will be automatically cancelled and no bank debit will be made, if payment has not been made, or a refund will be made as soon as possible.

Article 9: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, Visa or American Express). Secure online payment by credit card is carried out by our payment service providers Stripe. Once the customer has initiated payment, the transaction is immediately debited after the information has been verified. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Company to debit his/her card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled and the order cancelled.

Article 10: Withdrawal period

Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging has deteriorated will not be taken back), to request reimbursement without penalty. The right of withdrawal may be exercised by contacting the Company by email at the following address: contact@TheAirCompanion.com

The Product is returned at the Customer’s risk. If the package is lost, stolen or damaged when the product is returned, the Company reserves the right to refuse reimbursement of the returned product(s). In accordance with legal provisions, you will find below the standard withdrawal form:

Cancellation form :

To the attention of :

THE AIRCOMPANION BY BOOST DIGITAL

located at : 47 rue elie dessaint, 59169 Roucourt, France

Phone number: 07 50 02 47 55

e-mail address: contact@TheAirCompanion.com

I hereby notify you of my withdrawal from the contract.

for the sale of the following property

Ordered on: ……………..

Received on: ……………..

Customer’s full name: ……………..

Customer address: ……………..

Customer order number: ……………..

Date: ………………

Consumer’s signature

Article 11: Company liability – Warranty

The products sold on the website comply with the regulations in force in France. The Company shall not be held liable in the event of non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check. The Company guarantees that the products are in perfect condition when handed over to the carrier. The AirCompanion endeavours, through the photographs and texts reproduced, to illustrate as closely as possible the reality of the products presented on the Site. The customer is solely responsible for determining his or her needs and choosing products according to the information provided on the website; he or she is solely responsible for choosing, storing and using the products. The Company cannot be held responsible for any damage resulting from improper use of the product by the customer, as described in the instruction manual.

Article 12: Intellectual property rights

Trademarks, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any purpose whatsoever is strictly prohibited.

Article 13: Force majeure

The performance of the Company’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance. The Company will notify the customer of the occurrence of such an event as soon as possible.

Article 14: Invalidity and amendment of the contract

Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the Parties. Any contractual modification is only valid after a written and signed agreement between the Parties.

Article 15: Protection of personal data

In accordance with the French Data Protection Act (Loi Informatique et Libertés) of January 6, 1978, revised, and the European regulation RGPD 2016/679, you have the right to query, access, modify, oppose, forget and port your personal data. By accepting these Terms and Conditions, you consent to our collection and use of such data for the purposes of this Agreement. By entering your e-mail address on our website, you agree to receive e-mails relating to the completion of the order and containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller (the Company) by registered letter. We monitor the number of visitors to all our sites. To do this, we use tools such as Google Analytics.

Article 16: Applicable law

All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.

In the event of a dispute, the parties will first seek an amicable settlement by email to contact@TheAirCompanion.com; however, the search for an amicable solution does not interrupt the time limits for taking action under warranty.

In the event of a dispute arising out of or in connection with the present contract or an order, even in the event of an action in warranty or multiple defendants, the customer may bring the matter either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court for the place where the customer resided at the time the contract was concluded or at the time the harmful event occurred.

Referral to the mediator may only be made after the Customer has made prior written representations to The AirCompanion.

PERSON :

In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

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