DRONAVIA TERMS AND CONDITIONS OF SALE
These are the General Terms and Conditions of Sale of SAS DRONAVIA and apply to all services and sales by SAS DRONAVIA (hereinafter referred to as “DRONAVIA”), a SAS with capital of 1,500 euros, registered in the Epinal Trade and Companies Register under number 810 254 722, whose registered office is located at: 7 avenue Julien Méline 88200 REMIREMONT.
2. Scope of application
These General Terms and Conditions of Sale are applicable both to natural persons who may be qualified as consumers within the meaning of the French Consumer Code and to natural persons or legal entities (hereinafter referred to as “the CUSTOMER”) wishing to benefit from DRONAVIA’s products and services. The provision to the CLIENT of a product or service by DRONAVIA implies full and unreserved acceptance of these General Terms and Conditions of Sale, which supersede all of the CLIENT’s general terms and conditions of purchase, as accepted by the CLIENT. These General Terms and Conditions are systematically sent or delivered by DRONAVIA to each CLIENT at the same time as the quote submitted in response to the CLIENT’s request. Only the stipulations contained in a contract or Special Conditions concluded between DRONAVIA and the CLIENT may derogate from these General Conditions. DRONAVIA’s failure to object to the stipulations contained in any communication received from the CLIENT shall not be considered as a waiver of its right to invoke these Conditions. DRONAVIA reserves the right to modify these General Terms and Conditions of Sale at any time. These modifications will only be applicable to services performed after the modified General Terms and Conditions of Sale have been communicated to the CLIENTS by any means.
3. DRONAVIA’s commitments
DRONAVIA undertakes to take every care to ensure the quality of the services and products provided to the CLIENT, within the framework of an obligation of means.
At the CLIENT’s request, DRONAVIA shall send the CLIENT an estimate that sets forth the terms and conditions of DRONAVIA’s intervention. Estimates issued by DRONAVIA are only valid for a period of one (1) month, unless otherwise stipulated. After this period, if the CLIENT wishes to place an order, it must request that a new quote be issued. The order is not final until it has been confirmed in writing and signed by the CUSTOMER. Validation of the order implies acceptance of these General Terms and Conditions of Sale. DRONAVIA reserves the right to refuse any order from a CLIENT with whom there is a dispute prior to this order until such dispute is resolved. Upon acceptance of the quote by the CLIENT, evidenced by the CLIENT’s signature, company stamp and date, DRONAVIA shall issue a purchase order to any of its suppliers. DRONAVIA reserves the right to request that the CLIENT pay a deposit representing part of the amount of the order as a condition for acceptance of the purchase order. The amount shall be defined on the purchase order in question. Any deposit paid constitutes an order and is non-refundable to the CUSTOMER. In the event of proven doubts regarding the CUSTOMER’s solvency, or in order to allow the CUSTOMER to benefit from special commercial conditions, DRONAVIA reserves the right to request full payment of the price indicated on the order form from the CUSTOMER prior to delivery. An order is valid only after acknowledgement of receipt by DRONAVIA. Any change notified on the acknowledgement of receipt by DRONAVIA shall be deemed accepted by the CLIENT, unless the CLIENT notifies DRONAVIA in writing of its opposition to the change within a maximum period of (8) eight days from the acknowledgement of receipt.
5. Financial terms and conditions
The prices of DRONAVIA’s services are those in force on the day of the order by the CLIENT. The prices indicated in the acceptance of the order are in euros and, except in the case of Special Conditions, exclusive of taxes, delivery charges, postage, packaging and insurance. Prices are calculated net and without discount. Prices are calculated on the basis of the current exchange rate and the taxes known at the time the order is placed. Prices may vary in accordance with the legally authorised terms and conditions as a result of rate changes occurring prior to the delivery date. Any taxes, duties or other charges payable in application of French regulations or those of an importing country or a transit country are payable by the CUSTOMER, who declares that he/she is responsible for them.
5.2 Payment deadlines and delays
DRONAVIA’s payment shall be due by the CLIENT from the date of delivery of the invoice by DRONAVIA or upon delivery of the product in the event of collection from DRONAVIA’s registered office. In the event that the CUSTOMER fails to pay in full or in part within the set period, the latter shall be liable for late payment penalties payable by DRONAVIA as of right as of the day following the payment date indicated on the invoice and equal to the rate applied by the European Central Bank (ECB) to its refinancing operation in force at the time of application of this clause plus 10 percentage points. Any CUSTOMER qualified as a professional who is in arrears with payment shall automatically owe DRONAVIA a fixed indemnity for collection costs of €40. In the event of partial or total late payment of more than fifteen days, DRONAVIA reserves the right to automatically suspend any order in progress without any formality, without prejudice to the payment of any sums still due and any damages and interest. In addition, the CLIENT undertakes to reimburse DRONAVIA for all legal, consultancy and/or collection fees incurred by DRONAVIA for the recovery of any sums not paid.
6.1 In the case of a Professional Client Transpor
Unless there are Special Conditions, delivery will be made to DRONAVIA’s registered office (INCOTERM EXWORKS, version INCOTERMS January 2020). If the CUSTOMER wishes to be delivered by carrier, deliveries shall be made to the address indicated on the quotation and/or order form, at the CUSTOMER’s expense (postage and packaging) and risk. In any event, the transfer of risks on the products sold by DRONAVIA takes place when the products are handed over to the carrier or when they leave DRONAVIA’s head office. No recourse may be exercised against DRONAVIA, the forwarding agent or the carrier for loss, damage, or damage suffered by the products if a report with irrefutable probative force has not been sent to the carrier or forwarding agent within a maximum period of (2) two working days and formally notified to DRONAVIA within the same period by registered letter with acknowledgement of receipt to the following address: DRONAVIA 7 avenue Julien Méline 88200 REMIREMONT.
The delivery times specified in the order acknowledgements are given for information only. Under no circumstances may delays in delivery justify the cancellation of the order, the payment of any compensation whatsoever or the application of penalties for late delivery. DRONAVIA shall be released ipso jure from any commitment to deadlines relating to its deliveries and reserves the right to suspend its services:
– in the event that the CLIENT fails to comply with the agreed payment terms;
– in the event that the technical, financial or commercial information, specifications, etc., to be provided by the CLIENT are not received by DRONAVIA in a timely manner, are incomplete or erroneous;
– in the event of force majeure under the conditions provided for in article 10.
6.2 In the case of a consumer Customer
Products may be delivered:
– By collection of the product by the CUSTOMER after DRONAVIA has informed the CUSTOMER of the availability of the product at DRONAVIA’s head office in accordance with the deadline stipulated on the quotation and/or order form. The CLIENT has a period of (7) seven days from receipt of the notice of availability to collect the product. Once this period has elapsed, DRONAVIA may, if it sees fit, automatically terminate the sale, without prior formal notice, pursuant to the provisions of article 1657 of the French Civil Code.
By delivery of the product to the address indicated on the order form submitted by the CLIENT to DRONAVIA. Failing any delivery within (7) seven days after expiry of said deadline, except in cases of force majeure, the CUSTOMER may by right request cancellation of the sale by registered letter with acknowledgement of receipt. The CUSTOMER will be reimbursed at the latest within 30 days of payment, to the exclusion of any penalty or compensation from the HYLIS website.
6.3 Order modification – Returns – Order cancellation – Right of retraction
The CUSTOMER must, before ordering a product or service, verify the suitability of the product or service to its needs. Any return of products, cancellation or modification of an order must be subject to the prior written agreement of DRONAVIA, which reserves the right to make its authorisation subject to the payment by the CLIENT of compensation covering all costs incurred for this order, such as, in particular: In any event, if, upon receipt of the product to be returned, it proves not to be in perfect condition for resale, the agreement provided for above shall be null and void and the full price of the services and/or products shall remain due. The costs and risks of the return remain the responsibility of the CUSTOMER.
For consumer CUSTOMERS:
If the CUSTOMER is a consumer within the meaning of the law, he/she has a right of withdrawal in the event of a distance purchase:
The CUSTOMER may withdraw without giving any reason within a period of (14) fourteen days. The withdrawal period expires fourteen days after the day on which the CUSTOMER, or a third party designated by the CUSTOMER, takes physical possession of the delivery.
THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO PRODUCTS MADE TO THE CUSTOMER’S SPECIFICATIONS OR CLEARLY PERSONALISED.
To exercise the right of withdrawal, the CUSTOMER must notify DRONAVIA (7 avenue Julien Méline 88200 REMIREMONT or firstname.lastname@example.org) of their decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). The CUSTOMER may also complete and send the model withdrawal form appended to these general terms and conditions. If the CUSTOMER uses this option, DRONAVIA will immediately send the CUSTOMER an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email) with a return number in order to simplify the processing of the request. In order for the withdrawal period to be respected, it is sufficient for the CUSTOMER to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal, DRONAVIA will reimburse all payments received, including any delivery costs, without undue delay and, in any event, no later than (14) fourteen days from the day on which DRONAVIA is informed of the decision to withdraw. DRONAVIA will make the refund using the same means of payment as that used for the initial transaction. DRONAVIA may defer reimbursement until it has received the products or until the CLIENT has provided proof of shipment of the products, whichever comes first. The products must be returned or restituted without undue delay and, in any event, no later than (14) fourteen days after the decision to withdraw. This deadline is deemed to have been met if the CUSTOMER returns or restitutes the products before the fourteen-day deadline has expired. The CUSTOMER must bear the direct costs of returning or restituting the products. Products must be returned protected in their original packaging and in perfect condition, accompanied by any accessories, instructions for use and documentation, together with the original purchase invoice. Incomplete, damaged or soiled products will not be accepted for return or exchange. The CUSTOMER will be held liable for any depreciation of the products resulting from handling other than that required to establish the nature, characteristics and correct operation of the products.
7. Intellectual property rights
7.1 Technical documentation
All technical documents provided to the CLIENT remain the exclusive property of DRONAVIA, the sole holder of the intellectual property rights to said documents, and must be returned to the CLIENT upon request. The CLIENT undertakes not to make any use of these documents that may infringe DRONAVIA’s intellectual property rights and undertakes not to disclose them to any third party.
DRONAVIA’s trademarks and logos are registered and protected. Any total or partial reproduction of the trademarks and/or logos present belonging to DRONAVIA, without the express authorisation of DRONAVIA, constitutes an infringement punishable by articles L. 713-2 et seq. of the French Intellectual Property Code.
8. Reservation of ownership
DRONAVIA reserves full ownership of the goods sold until full payment of the sale price and any late payment interest has been received. In the event of payment terms granted to the CLIENT, DRONAVIA reserves the right to take back the products delivered if full payment has not been made by the due date set out in the payment terms. In the event of non-payment, DRONAVIA may demand the return of the goods at the CLIENT’s expense and risk. These provisions do not prevent the transfer to the CUSTOMER, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage that it may cause. The CUSTOMER shall use all legal means to oppose any claims that third parties may have on the products held, by way of seizure, confiscation or equivalent procedures. As soon as he/she becomes aware of such claims, he/she must notify DRONAVIA to enable it to safeguard its interests. The repossession of the claimed products imposes on the CUSTOMER the obligation to compensate for the loss resulting in particular from the depreciation and, in any event, the unavailability of the products concerned. If the termination of the contract renders DRONAVIA liable for any advance payments received, it shall be entitled to offset these advance payments against the claim arising from the application of this penalty clause.
The CUSTOMER acknowledges that he/she is an “informed” user specialising in the field of drones and, as such, declares that he/she is acquiring the DRONAVIA product with full knowledge of the facts, and declares that he/she is fully informed of the use and purpose for which this equipment is intended. DRONAVIA may not be held liable for any defects or consequences related to the non-conforming use of the product by the CLIENT. Furthermore, the CUSTOMER is informed that the use of the product may require special authorisations. In particular, the CUSTOMER is invited to refer to the legislation in force and, in particular, to the decree of 11 April 2012 relating to the design of civil aircraft which circulate without any person on board, to the conditions of their use and to the capacities required of the persons using them. The CUSTOMER alone assumes the consequences of any claims from third parties following operations carried out on the basis of the products or services provided by DRONAVIA. Without prejudice to the provisions relating to defective products, DRONAVIA shall not be liable for the consequences caused by its products to other property, or for any financial, commercial or other loss (loss or destruction of data) caused directly or indirectly by the use or operation of the products or services provided. DRONAVIA is only bound to the CLIENT by an obligation of means and provides no guarantee, express or implied, including any guarantee of quality and suitability for a particular purpose of the products provided to the CLIENT by DRONAVIA. DRONAVIA shall only be liable in the event of gross negligence or wilful misconduct on the part of its legal representatives or employees with regard to their obligations. DRONAVIA shall never be required to compensate for immaterial damages or indirect damages, such as operating losses, production losses, loss of profit, loss of opportunity, commercial loss, loss of image, loss of earnings, etc. In any event, if DRONAVIA is found to be extraordinarily liable for a product or service supplied, the maximum amount of compensation that may be paid to the CLIENT shall in no case exceed the price paid by the CLIENT for the product or service in question. Any warranty or liability claim must be brought within one year of delivery of the product or provision of the service (invoice date). The CUSTOMER waives the right to make any claim against DRONAVIA and its insurers beyond this limit and/or in respect of the damage excluded, and guarantees that its insurers will make the same waiver.
10. Acts of God
DRONAVIA may not be held liable, or considered to have breached these Conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure. The following in particular are expressly agreed to be considered as force majeure events interruption, suspension, reduction or disruption of electricity or other supplies or any interruption of electronic communications networks, industrial disputes, epidemics or pandemics, war, requisition, fire, flood, tooling accidents, major scrapping of parts during manufacture, interruption or delay in transport or any cause leading to partial or total unemployment at DRONAVIA or its suppliers, a government ban on exports, any embargo imposed by a state.
If the product is collected from the shop, DRONAVIA will test the product ordered in the presence of the CUSTOMER. This test assures the CUSTOMER that the product is delivered to him/her without any apparent defect and in perfect working order. Signing the “Quality Control” document at the end of the test implies the CUSTOMER’s unreserved acceptance of the product and receipt of all the information required to use the product. In general, it should be noted that the products sold by DRONAVIA are subject to specific regulations, particularly with regard to their conditions of use. Thus, the CUSTOMER is expressly informed that he/she must refer to the regulations in force before any use of the product and more particularly to the Order of 11 April 2012 relating to the rules for the use of unmanned aircraft provided for. DRONAVIA may not be held liable for the CUSTOMER’s failure to comply with these regulations. In any event, DRONAVIA is bound to the CLIENT only by an obligation of means and provides no guarantee, express or implied, including any guarantee of quality and suitability for a particular purpose of the products sold to the CLIENT. The warranties apply subject to the product being used in accordance with normal usage and in strict compliance with the usage and maintenance instructions indicated by DRONAVIA and included in the user manuals given to the CLIENT when the product is collected or delivered. The product sold is guaranteed against any material or manufacturing defect under the conditions below. The defect must appear within 12 months of delivery (invoice date). The guarantee is systematically excluded :
– if the defective design originates from or has been imposed by the CUSTOMER;
– if the deterioration of the product is due to an accident or to poor handling or storage conditions after delivery;
– if the malfunction is the result of work carried out on the equipment (modification, repair, etc.) without DRONAVIA’s authorisation;
– if the malfunction is the result of normal wear and tear of the product or negligence or lack of maintenance by the CLIENT in relation to DRONAVIA’s recommendations, in particular those contained in the user manual;
– if the defect results from careless use of the product or use that does not comply with its normal purpose;
– if the defective operation is the result of force majeure.
Under the terms of the warranty, DRONAVIA will exchange, free of charge, the products or parts recognised as defective by its technical services, or will repair them (the shipping costs being borne by the CLIENT), to the exclusion of any other warranty. The exchange of parts or their repair does not have the effect of extending the warranty period of the product sold as specified above.
Legal guarantee granted only to Customers qualified as consumers
Guarantees for the consumer CUSTOMER
All products sold by DRONAVIA benefit from the legal warranties provided for in articles 1641 and 1648 of the French Civil Code and the warranties provided for in articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code. When acting under the legal warranty of conformity, the CUSTOMER :
– has a period of two years from the date of delivery of the product in which to take action;
– may choose between repairing or replacing the product, subject to the cost conditions set out in article L. 211-9 of the Consumer Code;
– is exempted from proving the existence of the product’s lack of conformity during the (24) twenty-four months following delivery of the product. This period is reduced to (6) six months for second-hand goods.
The CUSTOMER may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code, in which case he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to DRONAVIA, which will take it back, exchange it or reimburse it. All claims, requests for exchange or reimbursement must be made by post to DRONAVIA’s registered office.
12. Spare parts
DRONAVIA as manufacturer and seller undertakes to ensure that the spare parts essential for the use of the products are available for 3 years from the date of marketing of the product (invoice date). Depending on product developments, replacing a part may require replacing a repair set or subassembly.
The Parties undertake to keep the information exchanged and all documents and elements produced in the context of the execution of the contracts concluded between them strictly confidential. The CUSTOMER undertakes not to use the services provided by DRONAVIA for purposes other than the execution of its obligations arising hereunder. During and at the end of the execution of DRONAVIA’s services, each party and its employees undertake not to disclose to third parties, without the authorization of the other party, the methods and tools which are the exclusive property of the other part.
14. Personal data
DRONAVIA is responsible for the processing of personal data communicated by the CUSTOMER. The information communicated (surname, first name, address, telephone, email address) is intended for DRONAVIA and is used for the processing and tracking of orders and customer relationship management. Apart from the cases set out above, DRONAVIA undertakes not to sell, rent, transfer or give third parties access to data without the prior consent of the CUSTOMER, unless forced to do so for a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.). The data is kept for a period of 3 years. In accordance with the applicable legal and regulatory provisions, in particular law n°78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n°2016/679/EU of April 27, 2016, the CUSTOMER has a right of access, rectification, portability and erasure of their data or even limitation of processing. He may also, for legitimate reasons, object to the processing of data concerning him. The CUSTOMER may, subject to the production of valid proof of identity, exercise his rights by contacting DRONAVIA at the email address email@example.com. If he considers, after contacting DRONAVIA, that his computer rights and freedoms are not respected, he can send a complaint to the CNIL.
15. Independence of clauses
The invalidity of one or more clauses of the provisions of these DRONAVIA General Conditions of Sale will not result in their nullity. The titles of the articles are given for information purposes only.
16. Applicable law – Attribution of jurisdiction
These general conditions of sale are subject to French law, to the exclusion of any other right or agreement, regardless of the place of delivery or execution of the order. The CUSTOMER and DRONAVIA will do everything to resolve amicably any disputes that may arise from the application of these general conditions of sale by calling DRONAVIA Customer Service, which is authorized to take all necessary measures to resolve disputes. The CUSTOMER who has the status of consumer is informed that he can in any case resort to conventional mediation, in particular with the National Consumer Mediator (www.mediation-conso.fr), or to any other alternative method of dispute settlement. In the event of persistent disagreement with a CUSTOMER who does not have the status of consumer, exclusive jurisdiction is attributed to the Courts of the headquarters of the company DRONAVIA.
16. Applicable law – Attribution of jurisdiction
These general conditions of sale are subject to French law, to the exclusion of any other law or agreement, regardless of the place of delivery or execution of the order. The CUSTOMER and DRONAVIA will do their utmost to resolve amicably any disputes that may arise from the application of these general conditions of sale by calling DRONAVIA’s Customer Service, which is authorized to take all necessary measures to resolve disputes. The CUSTOMER who has the status of consumer is informed that he can in any case resort to conventional mediation, in particular with the National Consumer Mediator (www.mediation-conso.fr), or to any other alternative mode of dispute settlement. In the event of persistent disagreement with a CUSTOMER who is not a consumer, exclusive jurisdiction is assigned to the Courts of the headquarters of the DRONAVIA company.
For the attention of the company DRONAVIA, registered in the Register of Commerce and Companies of Epinal under number 810 254 722
Telephone number: 03 54 40 00 78
Email address: firstname.lastname@example.org
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the order below:
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Strike out the useless mention.