GENERAL CONDITIONS
These General Conditions of Sale are concluded between the company PROPULSION CONSULTING, hereinafter “Hobbywing UAV”, and people who wish to make a purchase through the website www.hobbywinguav.com, hereinafter called the “Site”.
Customers are consumer customers. Only the customer who is a natural person acting for private purposes or for purposes that do not fall within the framework of a commercial, industrial, artisanal or liberal activity is considered a “consumer” within the meaning of the General Conditions of Sale.
The fact that one of the parties does not take advantage of one of these conditions at a given time cannot be interpreted as a waiver of the right to later take advantage of any of said conditions. The cancellation of a clause of these general conditions will not affect the validity of the General Conditions of Sale as a whole.
The stipulations of these General Conditions of Sale may not be modified by contrary stipulations, without the express written agreement of the parties.
ORDER
The Customer will place an order in accordance with the instructions provided on the Site. He/she undertakes to complete his/her registration and order form, making sure to provide the necessary, complete and accurate information. In any case, the Customer is responsible for the data entered in his/her registration form and when placing the order. In the event of an error, Hobbywing UAV cannot be held responsible for any deficiencies or delays caused in the delivery of products and services.
The steps to conclude the sale on the Site are as follows:
– The Customer selects his/her products by clicking on the “Add to cart” tab
– The Customer confirms his/her order by clicking on the “Next” tab
– The Customer identifies himself/herself by completing the form in the “Identify yourself” section, if he/she is not yet registered
– The Customer fills in the desired delivery address
– The Customer is informed of the delivery methods offered and their price.
– The Customer chooses his/her payment method and, if necessary, fills in the specific information for the chosen payment method.
– The Customer accesses the order summary page.
– The Customer chooses his payment method and is redirected to the payment page
– The Customer makes the payment on the secure site of Hobbywing UAV’s financial partner.
The validation of the order by the Customer firmly and definitively formalises the distance selling contract concluded with Hobbywing UAV. Once the order has been validated, the Customer will be able to print a summary of his order, which he will also receive by email, accompanied by the form for exercising the right of withdrawal. This document must be kept, it constitutes proof of the Customer’s order and the contract binding the parties.
In any case, Hobbywing UAV reserves the right not to satisfy any request from the Customer that is exorbitant or contrary to common law and its General Conditions of Sale or in the event of an ongoing dispute with the Customer.
PRODUCTS
3.1 Hobbywing UAV takes the greatest care to communicate information relating to the essential characteristics of the products and services, in particular by means of technical descriptions of its partners and suppliers and photographs illustrating the products. In any case, Hobbywing UAV cannot be held responsible for any changes or errors in the description of the characteristics of the purchased product, unless the essential characteristics of the product or service are affected.
Given the specificity of certain products sold, Hobbywing UAV draws the attention of Customers to its Site in particular in relation to their conditions of use and applicable regulations.
In any case, the use of the products will be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is obliged to ensure that the product is maintained in good condition and to use it in accordance with its intended purpose, respecting in particular the applicable provisions and instructions given by Hobbywing UAV and the manufacturer. In this regard, the Customer is advised not to make any modifications to the product, install accessories, additional parts or any other non-compliant device on the product. The Customer undertakes to use the products in accordance with current regulations and to respect all of its legal obligations. Hobbywing UAV cannot in any case be held responsible for defects and damage to the products delivered, resulting from abnormal or non-compliant use and subsequent to delivery of these products.
3.2 The products are, unless expressly specified by Hobbywing UAV, new products. They are offered for sale within the limits of available stocks and the supply possibilities of Hobbywing UAV’s suppliers. The availability of the products is confirmed to the Customer before confirming the order.
The consumer Customer is informed that the essential parts for the use of the products sold on the Site are available on the market for a period of 6 months.
PRICE / PAYMENT
We do not store our customers’ credit card details on our website.
Products are billed according to the current price mentioned on the Site on the day of sale. Prices are indicated in euros and include all taxes for Consumer Customers, the applicable VAT being that in force at the time of billing.
The prices indicated do not include the shipping costs of the products, which are also invoiced and clearly indicated before validation of the order.
Hobbywing UAV reserves the right to modify its sales prices at any time. However, modifications cannot be applied once the order has been placed.
Orders are paid in euros.
The price of the products is indicated at the end of the online order, before validation. Payment on the Site is made exclusively by bank card using the STRIPE application (VISA, Carte Bleue, MASTERCARD), bank transfer or Paypal.
The obligation to pay is fulfilled to the extent that the relevant bank payment centers have given their consent. In the event of refusal by these centres, the order will be automatically cancelled and the Customer will be redirected to the Site.
DELIVERY / RECEIPT
The products are delivered to the address indicated by the Customer on the order form, by post or by private carrier.
Delivery times
The package is sent after receipt of payment by the Customer. Delivery takes place between two (2) and five (5) days after shipment of the products in mainland France. The delivery times of the products are given as an indication, unless Hobbywing UAV expressly commits in writing to firm dates and times. In the event of a foreseeable delay, Hobbywing UAV will inform the Customer as soon as possible and provide an estimate of the additional delivery time.
Hobbywing UAV cannot be held responsible for any delay or non-receipt due to a case of force majeure – as stipulated in article 10 of these General Conditions of Sale – or due to the fault of the Customer.
In any case, in the absence of execution no later than within thirty (30) days following the conclusion of the contract, the Customer may notify Hobbywing UAV, by registered letter with acknowledgement of receipt, of the execution of the sale. Failing this, the Consumer Customer may terminate the contract by registered letter with acknowledgement of receipt. The contract shall be deemed terminated upon receipt by Hobbywing UAV of this letter, unless it has been executed in the meantime; the sums paid by the Consumer Customer shall be refunded without interest or compensation no later than within fourteen (14) days following the date of termination of the contract.
For reasons of availability, an order may be delivered in several installments to the Customer. In this case, the Customer will only pay for one delivery. If the Customer desires two (2) delivery locations, he will place two (2) orders, with the associated shipping costs.
Delivery/receipt conditions
The Customer is obliged to personally guarantee receipt of the ordered products. The Customer undertakes to sign for receipt of the products.
It is the Customer’s responsibility to check the condition of the products on the day of receipt. It is the Customer’s responsibility to state any dispute or reservation on the carrier’s signed delivery note and confirm them by certified letter with acknowledgement of receipt within forty-eight (48) hours of receipt of the products. A copy of this letter must be sent to Hobbywing UAV, any anomaly must be communicated by the Customer to Hobbywing UAV under the conditions provided for in article 10.
RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
Pursuant to article L121-21 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) working days from the date of receipt of the ordered products, except for the purchase of certain goods or services in particular, as provided for in article L121-21-8 of the Consumer Code:
“The right of withdrawal may not be exercised in respect of contracts: (…)
1° The provision of services fully performed before the end of the withdrawal period and the execution of which has begun after the prior and express agreement of the consumer and the express waiver of his right of withdrawal;
(…) 3° Supply of goods made according to the consumer’s specifications or clearly personalized. (…) »
To exercise his right of withdrawal for other products, the Customer must, within the period indicated above, send Hobbywing UAV a registered letter with acknowledgement of receipt specifying his wish to make use of this right or return the standard form for exercising the right of withdrawal to the address indicated in article 12 of these General Conditions of Sale.
The Customer must return the products, to the address indicated in article 12 of these General Conditions of Sale, within fourteen (14) days of communication of his decision to withdraw, in their perfect condition and original packaging, without any trace or mark, with all accessories (including instructions) and any gifts offered.
He must return the product with a duplicate of the invoice as well as the duly completed “return form”. Only the risks and costs of returning the products remain the responsibility of the Customer. If all the conditions required for the return of the products are not met, Hobbywing UAV may deduct from the amounts to be refunded, if applicable, a part of the sales price corresponding to the sales price of the missing products, as well as the repair, replacement and/or reconditioning of potentially damaged products.
Hobbywing UAV undertakes to refund the consumer Customer within fourteen (14) days of receipt of the registered letter specifying the Customer’s desire to withdraw or the standard form. However, Hobbywing UAV will be entitled to postpone this refund until the actual receipt of the products.
The refund is made directly to the Customer’s bank account, following the same terms as those used to pay for the products in question.
In compliance with EU law, customers may use the European Online Dispute Resolution platform to resolve disputes. The platform provides an independent and impartial mediation service to resolve disputes between online buyers and sellers. More information can be found at: https://ec.europa.eu/consumers/odr.
LIABILITY AND WARRANTIES
Hobbywing UAV is subject to the legal guarantees in force, namely the legal guarantee of conformity (articles L211-4 et seq. of the Consumer Code) and the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Consumer Code. Civil Code.
7.1. Without prejudice to any reservations made to the carrier, claims concerning apparent defects or non-conformities of the products delivered with the products ordered must be made by registered letter with acknowledgement of receipt addressed to Hobbywing UAV within five (5) days of receipt of the products or immediately after the discovery of a hidden defect. It is the Customer’s responsibility to provide any justification as to the reality of the defects or anomalies noted. He must allow Hobbywing UAV every opportunity to identify these defects or anomalies. Any return of product must be expressly agreed upon by Hobbywing UAV and will result in the establishment of a credit for the benefit of the Customer after qualitative and quantitative verification of the returned products. The costs and risks of the return remain the responsibility of the Customer.
7.2. Where Hobbywing UAV is liable as a result of fault on its part, compensation only applies to direct, personal and certain damages suffered by the Customer, expressly excluding compensation for all indirect and immaterial damages and/or damages such as financial losses, damage to image, etc. The amount of damages that Hobbywing UAV may be required to pay to the Customer under the above conditions shall in any case be limited to the amount of the order for the products or services in question.
In any event, Hobbywing UAV declines all liability, in particular:
– Normal wear and tear of its products;
– Use that is not in accordance with the intended use of the product
– Damage or accidents resulting from negligence, lack of supervision or maintenance or non-compliant use;
– Damage resulting from modifications, additions or repairs to the product;
– Damage resulting from failure to comply with the recommendations for use of the products mentioned in the product description, and/or the specific regulations relating to the products sold.
– Malicious acts by Clients or third parties.
7.3. Hobbywing UAV shall not be liable for any damage, temporary or permanent, caused to the Client’s computer system or for any loss or damage that may be suffered, in particular, following access to or browsing the Site.
Data transmission via the Internet may result in errors and/or the Site not being always available. Consequently, Hobbywing UAV shall not be liable for the availability and interruption of the online service.
FORCE MAJEURE
In the event of a case of force majeure that prevents Hobbywing UAV from fulfilling its obligations, the contract shall be immediately suspended, as of the notification made by Hobbywing UAV to the Client, made by any means. Likewise, Hobbywing UAV shall inform the Client of the cessation of this event and the execution of the contract shall resume immediately on the date of this notification.
If such an event were to continue beyond one (1) month after the date of notification, the contract shall be deemed automatically terminated. Amounts charged by Hobbywing UAV before this date will be refunded to the Customer.
INTELLECTUAL PROPERTY
All content on the Site or any advertising documentation (illustrations, texts, wording, trademarks, images, videos) is the property of Hobbywing UAV or is used with the authorization of the holders of the rights in question. Any reproduction in whole or in part, as well as the creation of hypertext links, is prohibited without prior and express authorization from Hobbywing UAV.
Hobbywing UAV collects, records, modifies, uses and transmits personal data of Customers in the context of the execution of orders placed, relations with the Customer, advice and services to the Customer, as well as for the preservation of the commercial interests of Hobbywing UAV. To the extent necessary for the fulfillment of Hobbywing UAV’s obligations, the latter will transmit personal information to third parties, for example to the carrier.
The Customer has the right to access, modify, rectify and delete data concerning him/her in accordance with the French “Informatique et Libertés” law no. 78-17 of 6 January 1978. To exercise this right, simply contact Hobbywing UAV using the contact details indicated in article 13 of these General Conditions of Sale.
The Customer may in any case object to the use of his/her personal data. The use of personal information for other purposes will only be possible when the Customer has given his/her consent.
APPLICABLE LAW – LIMITATIONS – ATTRIBUTION OF JURISDICTION
The parties agree that these General Conditions of Sale and their consequences are subject to French law. The language of these General Conditions of Sale and of the relations between the parties is French.
The Consumer Client is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative method of dispute resolution. In the absence of an amicable solution within fifteen (15) days, the parties will regain their freedom to submit the dispute to the competent courts.
MANDATORY NOTICES FOR CONSUMER CUSTOMERS
In accordance with Article L211-15 of the Consumer Code, Articles L211-4, L211-5 and L211-12 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are reproduced below, provisions of which the Customer expressly acknowledges having read before placing his order.
Article L211-4 of the Consumer Code:
The seller is obliged to deliver the goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where this was his responsibility by contract or was carried out under his responsibility.
Article L211-5 of the Consumer Code:
In order to fulfil the contract, the goods must:
1° Be suitable for the use normally intended for similar goods and, where applicable:
– Correspond to the description given by the seller and possess the qualities presented to the buyer by the seller in the form of a sample or model;
– Present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-7 of the Consumer Code:
Where the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable good, a restoration covered by the guarantee, any immobilisation period of at least seven days shall be added to the remaining guarantee period. This period runs from the buyer’s request for intervention or from the goods in question being made available for repair, if this is made available after the request for intervention.
Article L211-12 of the Consumer Code:
The action resulting from a lack of conformity shall expire two years after the delivery of the goods.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the object sold which make it unsuitable for the use for which it is intended or which reduce said use to such an extent that the buyer would not have purchased it or would not have used it. He would have given a lower price, had he known of them.
Article 1648 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the buyer within two years following the discovery of the defect…”.
PRIVILEGES
In the event of non-compliance with one of the provisions of these general conditions or, more generally, of infringement of the laws and regulations in force by a Client, Hobbywing UAV reserves the right to take any appropriate measures and, in particular, to:
- suspend, remove or prevent access to the Services by the Client, who is the perpetrator of the infringement or violation, or who has participated in it,
- notify any interested authority,
- take all appropriate measures and initiate any legal action.
Hobbywing UAV may, if it wishes, without having to justify itself, delete a customer account.
CONTACT
Identification of the seller: PROPULSION CONSULTING – FILL
Share capital of the company: FILL€
Registered in the Commercial and Companies Register of FILL.
Intra-community VAT number: FRFILL
For any questions or complaints regarding products and services, your order, your personal data, the right of withdrawal, the application of the product warranty, the Customer can contact Hobbywing UAV through the following contact details:
Company Name: Propulsion Consulting
Legal Form: Société par actions simplifiée unipersonnelle (SASU)
Registered Address: 402 route de la Tour d’Aigues, 84240 Grambois, France
SIRET/SIREN: 911 291 821
VAT Number: FR24911291821
Director of Publication: Donatien Giraudet De Boudemange
Website: www.hobbywinguav.com
Contact Email: contact@hobbywinguav.com
