It is expressly stipulated that the present general conditions
(hereinafter referred to as the "general conditions")
govern the use of the Online Store on the official Dassault
Aviation website and the sales made via the Internet by the
company Uppercut (hereinafter referred to as "the
company"), for products offered for sale on the site (hereinafter
referred to as "the product" or "the products"),
the URL address of which is www.uppercut.fr/dassault-aviation,
and which is accessible via links placed on the website www.dassault-aviation.com
and on the website www.uppercut.fr
"Client" refers
to any person connecting to the site or visiting the above-mentioned
sales area and acquiring or otherwise the products.
"The
site" refers to the website on which the Online Store is
located, hosted by Uppercut.
The client declares that he has made himself fully familiar
with the following provisions before placing orders for the
products.
Article 1 - Identification
of the entity offering the goods for sale.
The
company Uppercut.
Registered in the RCS (trade and company register)
of Nanterre under the number B 331 860 213.
Registered office address:
131, rue Jules Guesde – 92300 Levallois Perret.
Electronic address: boutique-dassault@uppercut.fr.
Tel: 01 47 39 87 87
Fax: 01 47 39 24 33
Article 2
- The essential characteristics of the products.
The qualitative and quantitative characteristics of the products
are described on the site.
The photographs (supported by text) illustrating the products
are non-contractual. Should any errors occur in this field,
then under no circumstances will the company be considered liable.
Article 3 - Duration and validity
of the offer.
The products offered and their prices are valid for as long
as they are present on the website, subject to available stock.
Article 4 - Booking orders.
Subject to the provisions of the present terms with regard to
payment, the order will only be definitively placed upon the
second and final confirmation by the client on the order summary
screen. This second confirmation is considered to have the same
legal force as the written signature described in article 1341
of the Civil Code.
Following the second confirmation, the order is considered as
irrevocable and may only be challenged within the scope of the
legal retraction period detailed in article 6 of the general
conditions.
Article 5 - Order
confirmation.
The company will automatically send the client an e-mail confirming
the order which has been placed.
Under no circumstances does the sending of this confirmation
e-mail guarantee the availability of the ordered product.
In the event of the temporary or permanent non-availability
of the product, the company will contact the client by e-mail
within 8 (eight) working days as from the order confirmation,
in order to offer him either a new delivery lead-time for the
product or a replacement product of an equivalent or higher
quality, or the cancellation of the order at the choice of the
company, (which the client agrees to accept).
In the event of a cancellation, the company will integrally
refund the sum paid by the client.
Article
6 - Retraction period.
The retraction period granted to the client is 7 (seven) clear
days as from the date on which the products are received. During
this period, the client may return the products at his own cost
if these do not suit him. The client may then choose between
either a refund of the sums paid in return for the re-shipment
of the product(s), or to have the ordered products exchanged.
It is expressly understood that the product(s) returned at the
client’s cost must be in good condition, as delivered
by the company in its complete original packaging.
Failing this, or if the product(s) are returned after the expiry
of the retraction period, no exchange or refund will be made
and the company will hold the products available to the client.
Article 7 - Prices, payment
and invoicing.
The prices for the products are shown in euros, inclusive of
tax, excluding carriage. The carriage charges are at the cost
of the client and are shown in Appendix 1.
All changes in the level of VAT will automatically be incorporated
into the prices of the products. The company reserves the right
to modify its prices at any moment, although the products will
be invoiced based on the price applicable at the time the order
was placed.
Purchases are paid for online by bankcard using a secure payment
system.
Purchases may also be paid for by cheque made out to the company
Uppercut and sent to the following address:
Uppercut
131, rue Jules Guesde – 92300 Levallois Perret
The invoice for the product will be included with the receipt
in the parcel containing the ordered product.
Article
8 - Security of transactions.
The company is only bound by a duty of due care with regard
to the security of transactions: the secure online payment system
is managed exclusively at the liability of its operator.
Article 9 - Delivery.
9. 1 General information.
The ordered products will be delivered to the address indicated
by the client when placing the order.
9.
2 Delivery lead-times.
The delivery lead-times are shown in Appendix 2.
In the event of delays, and particularly in cases of force majeure,
the company may not be considered liable regardless of the reason.
Consequently, no claims for compensation of any nature may be
submitted by the client.
If the client chooses to pay for his order by cheque, the order
will only be processed when payment is received and the delivery
lead-time will only begin as from the date on which the cheque
is finally cleared.
If the client chooses to pay by bankcard, his order will only
be processed when the corresponding sum has been credited to
the company's account.
9. 3
Transfer of ownership: transfer of risks.
The transfer of ownership and the transfer of risks take place
at the time of signature of the delivery note by the client.
Article 10 – Guarantee and
after sales service.
In addition to the provisions of article 6 of the present conditions
concerning the right of retraction of which he benefits in accordance
with the law, the client is guaranteed against hidden or apparent
defects in the products under the following conditions:
10. 1 Hidden defects.
The client benefits from the legal guarantee against hidden
defects.
Hidden defects do not include minor faults which diminish only
the appearance of the product but without influence on its objective
use, (i.e. -- which do not prevent the item from carrying out
its normal function).
In the event of a non-apparent fault with the product, making
it unsuitable for the purpose for which it is intended, the
client must send a complaint to the company as soon as possible
in conformity with the law, by registered letter with proof
of receipt. This is to be sent to the following address:
Uppercut
131, rue Jules Guesde – 92300 Levallois Perret
In his complaint, the client must indicate the product references
shown on the delivery note, the delivery note number, in addition
to the reasons for his complaint.
Within 15 working days following the receipt of this complaint,
the company must either inform the client that the complaint
has been accepted or notify him of the reasons for which the
complaint has been rejected.
If the complaint is accepted, the client may then return the
defective product at the company’s cost in its complete
original packaging, taking care to attach a copy of the invoice.
The return shipping costs will only be borne by the company
up to a limit of 1.5 times the value of the carriage costs invoiced
at the time of delivery.
The company then agrees to return a product to the client at
its own cost, in a satisfactory operating condition following
repairs by the manufacturer.
If it prefers, or in the event that it proves impossible to
remedy the fault concerned, the company may replace the defective
product with a new product.
In the event of the product being permanently unavailable, the
client will be offered either the delivery of a replacement
product of equivalent or superior quality, or else a refund
for the returned product.
10.
2 Apparent defects and nonconformity.
The client is required to verify the condition of the product
and its conformity to the order at the time of delivery.
The signature of the delivery note by the client constitutes
acknowledgement of the satisfactory condition of the product
and its conformity to the order.
If the product is in poor condition or does not conform to the
order, the client may refuse to take delivery of it, mentioning
the grounds for this refusal on the delivery note. The product
will then be returned to the company.
Within fifteen days following receipt of the complaint, the
company must notify the client of its agreement concerning the
fault alleged by the latter.
If the complaint is accepted, the client may return the defective
product at the company’s cost in its complete original
packaging, taking care to attach a copy of the invoice.
The return delivery costs will only be borne by the company
up to a limit of 1.5 times the value of the carriage costs invoiced
during delivery.
The company then agrees to return a product in satisfactory
working condition to the client, at its own cost, following
repairs by the manufacturer.
If it prefers, or if it proves impossible to remedy the defect,
the company may replace the defective product with a new product.
In the event of the permanent non-availability of the product,
the client will be offered either the delivery of a replacement
product of equivalent or superior quality, or a refund for the
returned product.
If the complaint is rejected, the client must pay for the return
and outward transport costs in order to receive delivery of
the product which has been unnecessarily returned. Should this
payment not be received within a period of one month as from
notification that the complaint has been rejected, the product
will be considered to have been abandoned by the client, who
will be unable to obtain either a refund, a delivery or a replacement.
10. 3 Exclusion.
The guarantee does not cover the replacement of consumable items
(batteries, bulbs etc), the abnormal use of the product or operation
which does not conform to the purpose for which it was designed,
faults related to work carried out by a third party other than
Uppercut, or any other external cause.
Article 11 - Site usage conditions.
11. 1
The client agrees to observe the applicable regulations with
regard to electronic commerce.
11.
2
The client is informed that all photographs, illustrations,
texts and models of products reproduced and represented on the
site are subject to intellectual property rights.
As such, and in conformity with the provisions of the Intellectual
Property Code, the client agrees not to reproduce, represent
or distribute in any manner whatsoever and for whatever reason,
any of these photographs, illustrations, texts and models of
products, failing which he will be liable to legal action and
condemnation under the laws against counterfeiting.
Article 12 - Personal information.
In application of the law number 78-17 of January 6th 1978 concerning
computerised information, files and liberties, the information
requested from the client is necessary to the processing of
his order and is intended for the various departments of the
company. The client has a right to access the information concerning
him. Upon request, this can be sent to him and in the event
of error or modification, it can be rectified. The client may
also oppose the circulation of this information to third parties,
by sending a letter to the company at the following address:
Uppercut
131, rue Jules Guesde – 92300 Levallois Perret
Article 13 - Liability.
13. 1
The client bears full liability for ensuring that he has the
entitlement and capacity (and in particular for ensuring that
he is of legal age) to be able to access the site and acquire
the products, with regard to the legislation applicable to him.
Among other things he agrees to check with his local authorities
to ensure that the products are not subject to bans, restrictions
or special regulations.
The products offered conform to applicable French legislation.
Under no circumstances may the company be considered liable
in the event of a failure to observe the legislation of the
country in which the products are delivered.
13.
2
The company may not be considered liable for any indirect losses
due to the present conditions and in particular losses of profit
or opportunity.
13. 3
The company may not be considered liable in the event of problems
with the site related to a fault with the public electricity
service, telecommunications networks or problems with connection
to the Internet network due to miscellaneous public or private
operators or service providers.
Article
14 – Entirety.
The general conditions represent the entirety of the rights
and obligations of the parties concerning orders for products
via the Internet.
No general or specific condition notified by the client may
be used against the company.
In the event that one of the clauses in the general conditions
is found to be null or void due to a change in legislation,
regulations or due to a legal decision, this would under no
circumstances affect the validity of the general conditions.
Article 15 - Applicable law and litigation.
The general conditions are subject to French law.
In the event of difficulties arising concerning the interpretation
or application of the general conditions, the parties will
do everything possible to resolve their litigation amicably.
Should these attempts fail, all contestation arising from
the general conditions must be heard before the competent
Courts of Nanterre.
APPENDIX 1 CARRIAGE COSTS.
Whether your delivery address is in France, in Europe, in the
United States or in Canada, when you order from the Dassault
Aviation Online Store you benefit from advantageous and tailored
transport conditions, calculated based on the destination and
total weight of your order.
This varies according to the destination:
•
For Metropolitan France, your order will be sent by "Chronopost".
• For Europe (Germany, Austria, Belgium, Denmark, Spain,
Finland, Great Britain, Ireland, Italy, Luxembourg, Norway,
the Netherlands, Portugal, Sweden and Switzerland), you will
be delivered by the "Colissimo European tracked parcel
service".
• For the United States and Canada, the transport method
used is "Priority Parcel Post".
APPENDIX 2 DELIVERY TIMES.
Depending on the delivery destinations, the average delivery
time under normal delivery conditions varies from 4 to 10 working
days.
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