General Terms and Conditions of Sale
I Scope
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are intended to present the conditions of sale of products presented on the shop.airmkg.eu website. They apply without reservation or restriction to all commercial transactions carried out on the shop.airmkg.eu website between Air MKG (hereinafter referred to as "the seller") and the end consumer (hereinafter referred to as "the customer"). The customer may only make purchases for personal use.
The customer certifies that they are a natural person of legal age, and undertakes not to carry out any transaction on the shop.airmkg.eu website with the aim of resale to a third party, amounting to a reseller activity.
Air MKG is a limited liability company (SARL) registered with the RCS of Bonneville under number B 419 528 733, with a capital of €10,000, intra-community VAT number FR68491528733, whose registered office is located at 1096 Av. André LASQUIN – 74700 SALLANCHES - +33(0)9.50.10.73.27 – info@airmkg.eu
II Application of these GTC
Placing an order on the shop.airmkg.eu website implies full and unreserved acceptance of these GTC, which are accessible at any time on the website. Air MKG invites you to print and keep a copy of these GTC for future reference.
These general conditions govern all online sales made via the website, and prevail over all other general conditions. By placing an order on the website, the customer fully and unreservedly accepts these GTC. Air MKG reserves the right to modify these general conditions at any time. These modifications are published by being put online and are deemed to be accepted without reservation when the customer accesses the website after they have been put online. However, the conditions applicable to the order remain those in force on the date the order is placed, even if these GTC have been updated in the meantime.
In the event that one of the clauses of these GTC is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity and respect of these GTC nor call into question the validity of the other provisions which will continue to apply.
III Products
III.1- Descriptions & Characteristics
The products available for sale on the shop.airmkg.eu website are accompanied by a textual description of their main characteristics, and generally by one or more product photos. The customer is required to refer to the description of each product in order to know its essential properties and characteristics. The information on the website is as accurate as possible. However, photographs and other reproductions of the items are only indicative and have no contractual value. The act of purchasing and choosing the product is the sole responsibility of the customer.
In the event of a manifest error between the characteristics of the product, its representation and/or the conditions of sale, Air MKG cannot be held liable.
Air MKG remains available to provide any further details or information on the products, upon simple request from the customer.
III.2- Product offer - Availability
Air MKG reserves the right to modify or withdraw the product offer presented on the shop.airmkg.eu website at any time, without prior notice. This product offer, as well as the associated prices, remains valid as long as it is visible on the website and within the limits of available stocks. Special offers may be offered, the period of validity of which will be clearly indicated on the website.
Air MKG recommends consulting the technical data sheet of each product to check its availability. In the event of a stock shortage, we invite the customer to contact us to verify that this is not an error, or to find out the estimated restocking time. Customer service is accessible: by telephone on +33(0)9.50.10.73.27, by email at info@airmkg.eu, or via the contact form available on the shop.airmkg.eu website.
Errors can occur exceptionally, especially in the case of a simultaneous purchase of the same product by several customers.
If, after placing your order, the product becomes unavailable, there are several possibilities:
- your order contains only one product, and it is out of stock: we check the restocking time, and keep you informed. You are free to maintain the order with the new deadline, or cancel it and request a refund of the payment made.
- your order contains several products, and one or more are unavailable: we check the restocking time of the out-of-stock product(s), and keep you informed. You can then: accept this new deadline to allow a complete single shipment, or accept the shipment of products in stock and cancel the out-of-stock products, or cancel the entire order. The amount corresponding to the cancellation (total or partial) will then be automatically refunded to you. To reorder the cancelled products, you will need to place a new order.
IV Prices – Payment methods
IV.1- Prices
Unless otherwise indicated, the prices displayed on the site are in Euros (€) and include all applicable French taxes, with the exception of shipping costs and other additional services.
The total amount to be paid by the customer is indicated on the order summary, and includes taxes and any delivery costs.
Air MKG reserves the right to freely modify the prices displayed on the site at any time, the price charged remaining that in effect at the time of the order. As the customer is informed that prices may change, they must pay attention to the amount indicated on the product sheet as well as when validating their order. In the event of a pricing error attributable to the seller, Air MKG reserves the right to cancel the order and refund the customer.
If one or more taxes or contributions were to be modified, as well as in the event of the creation of new taxes or contributions, this change may be reflected in the sale price of the products. No tax or contribution not provided for at the time of the order may be subsequently requested from the customer.
Discounts may be offered occasionally on the site, and for a limited time. These discounts are only applicable for orders placed from the site.
French VAT is applicable for any order shipped to Metropolitan France and the countries of the European Union (List of EU Countries The countries of the European Union - Touteleurope.eu ). VAT will be added directly to the order, and visible on the summary before proceeding with payment.
Orders to countries outside the EU or the DOM (Overseas Departments) are exempt from French VAT, which appears at 0% on the summary. The amount of any taxes will be applied in customs upon entry into the country of destination. For these countries, once connected to your account, the prices displayed on the site are inclusive of all taxes (TTC) with a tax of 0%. This means that the prices indicated are the final prices and you will not be refunded VAT (since it is not invoiced).
If a delivery is made outside of Metropolitan France, the order summary will not mention taxes, sea dues, customs duties or any other fees that may be applicable. In this case, the customer will be solely responsible for the payment of all taxes, sea dues, customs duties or any other fees that may be required by any administration, authority or competent body. In addition, the customer will also be responsible for completing all formalities or declarations required by any administration, authority or competent body. Air MKG is in no way required to verify or inform the customer of the taxes, sea dues, customs duties, formalities or declarations applicable in this case.
IV.2- Payment
The price is payable in cash, in full on the day the order is placed by the customer, by secure payment. Ownership of the products ordered is transferred as soon as payment is effective. The amount due is the amount indicated on the order confirmation page displayed to the customer at the time of payment. Payment can be made by secure payment, according to the following methods left to the free choice of the customer:
- Paypal
- Paypal Pay Later (4 interest-free instalments)
- Bank card: VISA / Mastercard / American Express
The customer guarantees to the seller that they are indeed the holder of the selected payment method or that they have the explicit agreement of the holder if this is not the customer. Air MKG cannot be held responsible in the contrary case. The debit is made at the time of order validation.
If, for any reason whatsoever (objection, refusal by the issuing centre, etc.), the debit of the sums owed by the customer proves impossible, the sale in question will be cancelled immediately, as well as the online purchase process. In this case, Air MKG declines all responsibility towards the customer.
Air MKG reserves the right not to accept an order in the event of suspected fraud and/or abuse. Air MKG also reserves the right to refuse any order from a customer if there is a previous payment dispute. Air MKG reserves the right to request the balance of the dispute before any new shipment to the said customer.
IV.3- Securing transactions
The customer's bank card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass unencrypted over the Internet. Payment is made directly to our bank, which means that no customer banking information passes through the site.
Despite the encryption of data, Air MKG reminds you that no data transmission over the internet is 100% secure and that the information communicated online may be potentially intercepted and used by people other than the intended recipient. Air MKG makes every effort to secure your data, but cannot be held responsible in the event of an attack on our site.
V Order
To place an order on the shop.airmkg.eu site, it is essential to follow the procedure below:
- Choose one (or more) product(s) and the desired quantity, and add to the basket.
- Validate the basket.
- Specify the personal information concerning the customer, and necessary for the processing of the order (Complete contact details): Connection to an existing account / Creation of their account. In this regard, the customer, when creating the account, must create their username and password. The customer must take care to protect their password and not disclose it. Indeed, it is important to note that the customer is responsible for any purchase made with their username and password, even if it is not of their doing.
- Choose a delivery method from the various offers proposed.
- Select a payment method, and follow the instructions specific to each procedure.
- Accept these Terms and Conditions.
- Check all the elements of the order, and if necessary return to the previous steps to make corrections.
- Pay for the order by clicking on the "Pay" button.
The order will be deemed finalised at the time of payment validation issued by the Customer's payment organisation.
In the event of prolonged inactivity during the connection, it is possible that the selection of products chosen before this inactivity is no longer guaranteed. The customer will be invited to resume their selection of items from the start.
The customer will then receive by email: an acknowledgement of receipt of order and validation of payment.
Air MKG reserves the right to refuse an order in the event of non-compliance with the Terms and Conditions in the event of errors, anomalies in the order, in the event of a payment incident or suspicion of fraud and/or abuse.
VI Delivery – Times – Delivery costs
VI.1- Delivery
The products purchased through the site can be delivered anywhere in the world, to the address indicated by the customer when ordering. The customer is solely responsible for the information provided and its accuracy regarding the place of delivery. Air MKG cannot be held responsible for erroneous information provided by the customer during entry.
When entering the order, the customer has the choice between different delivery methods:
For France and Europe: Chronopost or Colissimo, home delivery
Internationally (outside the EU, including DOM): Colissimo, home delivery
It is important to note that the transfer of risk of loss or damage is the responsibility of the customer upon receipt of the order. It is therefore essential to check, in the presence of the delivery person at the time of delivery, that no items are missing, that the package is not damaged and has not been opened. We strongly recommend that you carefully check the delivery notes for each order to ensure that nothing is missing.
If you notice any problems with the delivery, please report it directly to the carrier and Air MKG upon receipt of the order. Once you have signed the delivery note, the transfer of risk is considered to have taken place.
VI.2- Delivery times
Air MKG makes every effort to dispatch orders as quickly as possible. Deliveries are made by carriers, external service providers of Air MKG. The indicative delivery times are available on the respective websites of each carrier (Colissimo / Chronopost), and are understood to be from the date of dispatch which will be communicated to you by email.
For information, the average dispatch time (order preparation) is in the order of 1 to 4 working days maximum. A confirmation email will be sent to you when your order is being prepared. We do our best to prepare your order as quickly as possible. In case of urgency, you can contact us to explain the situation, and we will do our best to speed up the preparation of your package.
Unless otherwise agreed by us, in the event of a missing product, we will only dispatch the order when all products are available.
According to the provisions of Article L. 216-2 of the Consumer Code, if delivery is not made within the indicated time, the customer has the right to terminate the contract. To exercise this right, the customer may send a registered letter with acknowledgement of receipt or write a document on a durable medium, after having instructed Air MKG, in the same manner, to make the delivery within a reasonable additional period. If Air MKG does not comply with this deadline, the sums collected will be refunded to the customer.
In the event of force majeure or unforeseen circumstances (as defined in Article XIII), if Air MKG is unable to meet the delivery deadlines due to an external cause, including a fault attributable to the customer, the delivery deadline will be automatically extended according to the duration of this impediment. Air MKG will inform the customer by e-mail of the occurrence and end of these impediments. If the impediment persists for more than one month, the customer will have the right to cancel the order without any claim for compensation.
VI.3- Delivery costs
Shipping costs include preparation and packaging costs as well as postage. We recommend that you group all your items in a single order. We cannot combine two orders placed separately and shipping costs apply to each of them.
Delivery costs depend on the total weight of the products ordered, the country of destination, and the delivery option selected. They are calculated according to your basket and your location, and appear on the order summary before final validation and acceptance by the customer. Delivery costs are included in the overall payment of the order.
For orders to the French overseas departments and territories (DOM-TOM), the customer is reminded that the order will be delivered directly to the place of destination, not cleared for import. The customer is solely responsible for fulfilling (or not, at his own risk) all customs formalities and paying any taxes (customs duties, sea freight, or others), to the administrations or organisations concerned and competent.
VII Guarantee
The products available on the site comply with the French legislation in force as well as with the standards applicable in France. In addition, these products are covered by all French legal guarantees.
According to the provisions of the legal guarantees of conformity (articles L.217-4 et seq. of the Consumer Code) and hidden defects (articles 1641 et seq. of the Civil Code), the customer has the right to obtain a refund in the event of defective products or products that do not conform to his order.
To make a refund request, the customer can contact Air MKG by post at the following address: Air MKG – 1096 avenue André LASQUIN – 74700 SALLANCHES, or by e-mail at info@airmkg.eu. Products must be returned in their original condition.
Please note that we do not open the products you purchase to check their condition. Responsibility for the conformity and warranty of this equipment lies with the manufacturer. We accept no responsibility for the conformity of the equipment and any damage that may result.
It is important to remember that, under the legal guarantee of conformity, the consumer has a period of 2 years from the delivery of the goods to act against the seller. The customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The customer is not required to prove the existence of a lack of conformity of the goods during the first 24 months (6 months for second-hand goods) following delivery of the goods. It is also recalled that the customer has the right to exercise the guarantee against hidden defects of the item sold in accordance with Article 1641 of the Civil Code. In this case, the customer can choose between cancelling the sale or reducing the sale price in accordance with the provisions of Article 1644 of the Civil Code.
VIII Right of withdrawal – Returns - Refund
VIII.1 – Right of withdrawal
The provisions of this clause are only applicable to customers purchasing products for personal needs (and therefore in no case when purchasing for professional needs).
In accordance with the law (Articles L. 221-18 et seq. of the Consumer Code), the customer has the right to withdraw from this contract without having to provide a reason, within a period of 14 days (see withdrawal conditions below). This withdrawal period ends 14 days after the day following receipt of the product by the customer. If the last day of the withdrawal period falls on a Saturday, Sunday or public holiday, it is postponed to the next working day.
The customer must express their wish to use their right of withdrawal before the end of the period mentioned above. They must complete their withdrawal declaration (model available at the end of the T&Cs), and send it to Air MKG. They can send it by post to Air MKG – 1096 avenue André LASQUIN – 74700 SALLANCHES, or electronically to info@airmkg.eu.
Once this period has expired, the products delivered will be considered to comply with your order and definitively accepted by the customer.
VIII.2 – Return procedure
To exercise your right of withdrawal, it is essential to return the product in its original packaging, unopened and in perfect condition (without stains, deterioration, wear or use), complete (with its instructions for use and accessories, if applicable), so that it can be marketed as new.
If you simply wish to exercise your right of withdrawal, Air MKG will accept the return of your goods for a period of 14 days provided that the products are new, in their original packaging, never worn, complete (accessories, instructions, etc.) and accompanied by a copy of the purchase invoice.
Air MKG reserves the right to refuse the return of products in the following cases:
- Non-compliance with the return conditions described above (missing documents, exceeded deadline, etc.)
- Inability to identify the customer or the order concerned (Customer details, order number)
- Items & packaging returned incomplete (documents and accessories), damaged, worn, soiled, ...
- Media library products such as books, maps and DVDs are not accepted for return, unless they are still in their original packaging
- Safety elements such as connectors (carabiners, soft connectors, quick links), rescue elements (risers, handles), helmets and other PPE are neither returned nor exchanged
- Second-hand or demonstration products cannot be returned.
If the product received is different from the one ordered due to a logistical error (size, description, colour, etc.), it can be exchanged or refunded according to the customer's wishes and stock availability.
In the event of a defective product with a manufacturing defect, it will be refunded or exchanged immediately, depending on stock availability and customer demand. Any missing items or manufacturing defects must be reported in writing within 14 days of receipt of the goods or invoice. After this period, no claims will be accepted.
Return costs are covered by Air MKG for mainland France. The customer can use the return label included in the package, or request a new one if needed within a maximum of 14 days of receiving the order, which they will receive by email and can affix to the package before simply dropping it off at a post office.
If the customer does not wish to use the return label provided by Air MKG, they have the option of contacting the carrier of their choice to arrange the return of the products. Air MKG advises you to take out the insurance offered by your carrier. Air MKG will not be responsible in the event of loss, sending to the wrong address or delay in delivery of a product that the customer wishes to return to the site, insofar as the customer is solely responsible for the risks associated with the carrier chosen by themselves. In this case, the return costs remain the responsibility of the customer.
Return costs are the responsibility of the customer for all other origins, and the organisation of said return is also under their responsibility. Air MKG declines all responsibility in the event of loss, sending to the wrong address or delay in delivery of a product that the customer wishes to return to the site, insofar as the risks associated with the transport chosen and initiated by the customer are entirely the responsibility of the latter.
VIII.3 – Refund
As soon as the products are received at our premises, Air MKG will carry out a verification to ensure that the return conditions are met. Once these checks have been carried out and approved, it will then be possible to proceed with the reimbursement of the costs incurred.
The refund will be offered within a maximum of 14 calendar days from the day Air MKG was informed of the customer's decision to exercise their right of withdrawal. However, Air MKG reserves the right to defer the refund until the date of actual receipt of the product.
The amount refunded concerns the products returned and only those. The initial shipping costs remain the responsibility of the customer.
Air MKG proceeds with the refund as follows:
- If payment was made by PayPal, the refund will be made to the customer's PayPal account.
- If the customer paid by credit card, they will be refunded directly to the same credit card.
If a product suffers a depreciation resulting from handling other than that necessary to establish its nature, characteristics and proper functioning (for example, if the returned products are incomplete, damaged, deteriorated, soiled or in any other condition that may suggest that they have been used), Air MKG reserves the right to refuse the refund or exchange of the damaged product (unless it is a defective product) which will be returned to the customer who will be informed in advance.
Air MKG will not make any refund or credit note if the returned products do not correspond to the products ordered, or if they come from an order placed on another site.
Air MKG reserves the right to reimburse an express delivery at the standard delivery rate.
IX Customer service
For any questions relating to the products presented on the site, their description, your order, or any other subject concerning the Air MKG shop, you can contact our customer service:
- By telephone (non-premium rate number, rate according to operator): at +33(0)9.50.10.73.27, from Monday to Friday from 9am to 5pm (except public holidays).
- By email: info@airmkg.eu
- By post: Air MKG – 1096 avenue André LASQUIN – 74700 SALLANCHES
X Intellectual property
All elements reproduced on the shop.airmkg.eu website, including texts, comments, photos, trademarks, logos, illustrations, photographs and images, as well as the underlying technology of the site and its architecture, are protected by intellectual property rights. These elements are and remain the exclusive property of Air MKG or the holder of the intellectual property rights concerned for which Air MKG has regularly acquired the rights of exploitation.
No extraction, reproduction or public dissemination of these elements may be carried out without the express prior authorisation of Air MKG. Failure to comply with this provision exposes you to legal proceedings. By accepting these conditions, the customer fully acknowledges and accepts this restriction.
XI Protection of personal data
In the context of the execution of the sales contract and in the legitimate interest of conducting our business, Air MKG wishes to inform the customer that their personal data is collected and processed for the purpose of managing their order and, in general, managing the customer relationship. This includes account creation, order taking, delivery, delivery tracking, payment, management of withdrawal rights, exchange or return requests, as well as after-sales service requests.
Details on how we process your personal data are explained in detail in our Privacy Policy. To exercise your rights or for any questions regarding the processing of your data in the context of our customer relationship, please contact our customer service at info@airmkg.eu.
XII Limitation of liability
Air MKG declines all responsibility for any inconvenience or damage related to the use of the Internet, such as an interruption of service, external intrusion or the presence of computer viruses, which may affect access to or the operation of the site, except in cases of gross negligence or intentional misconduct on our part.
Although we strive to ensure that the colours and patterns of the products presented on the site faithfully correspond to the original products, variations may occur, in particular due to the technical limitations of colour rendering on the customer's computer devices. Therefore, Air MKG cannot be held responsible for minor errors or inaccuracies in the photographs or graphic representations of the products presented on the site. If you have any questions about the products, the customer is invited to contact our customer service.
The site may contain links to third-party sites that are not edited or controlled by us. These links are provided solely as a convenience and should in no way be interpreted as an explicit or implicit endorsement of these sites, their content or the products or services offered therein.
Air MKG declines all responsibility in the event of non-compliance of the product with foreign legislation, whatever the legal basis. The customer who wishes to import, export or use one of the products offered on the site outside the French territory assumes full responsibility for verifying in advance that the product complies with the legislation applicable in this specific case.
XIII Force majeure
In the event of the occurrence of an event constituting force majeure, in accordance with case law and Article 1218 of the Civil Code, Air MKG's obligations will be suspended. This situation of non-performance of the contract cannot under any circumstances engage the responsibility of Air MKG. If the event of force majeure lasts for more than one month, Air MKG reserves the right not to honour the order, while possibly reimbursing the customer the sums paid for said order.
XIV Method of proof
The parties (seller and customer) acknowledge that writing in electronic form is accepted as probative support in the same way as writing on paper.
For customers purchasing products for personal needs: pursuant to Article L213-1 of the Consumer Code, when an order is for an amount equal to or greater than 120 Euros, Air MKG retains the written record of the contract concluded between Air MKG and a customer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from that date (in accordance with Decree 2005-137 of 16 February 2005). The customer then has access to this document at any time, upon request made to Customer Service via the form available on the site.
XV Applicable Law – Disputes
These Terms and Conditions are subject to French law, regardless of the nationality of the customer, the place of order, and the place of delivery.
In the event of a dispute, exclusive jurisdiction will be assigned to the court of Bonneville.
It is important to note that the customer has the possibility, in accordance with the law, to resort to a conventional mediation procedure or any other alternative dispute resolution method, after attempting an amicable settlement in writing with customer service at the following address: Air MKG – 1096 avenue André LASQUIN – 74700 SALLANCHES.
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Withdrawal form template
Please complete and return this form only if you wish to withdraw from the order validated and paid for. This form must be sent to Air MKG no later than fourteen calendar days after receipt of the Product(s).
The request must be sent via the site by completing the form accessible in the customer account or by post to the following address: Air MKG – 1096 avenue André LASQUIN – 74700 SALLANCHES - France
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Name(s) and reference(s) of Product(s): ______________________________________________
______________________________________________________________________________
______________________________________________________________________________
Order No.: _________________________________________________________________
Order placed on __________________________ /received on __________________________
Name of the customer who placed the order: ___________________________________________
Address of the customer who placed the order: _________________________________________
______________________________________________________________________________
Signature of the Customer (only if notifying this form on paper):
Date:
The products are to be sent to the following address:
Air MKG
1096 avenue André LASQUIN
74700 SALLANCHES
France