Air et Volume sells its products only to professionals, i.e. legal entities of private law and legal entities of public law. By signing the estimate, the purchaser states having taken knowledge of and expressly accepted and without reserve the present general terms and conditions for sale.
By ticking off the acceptance of the general conditions of sales while placing an order on line on Air et Volume's website, the purchaser states having taken knowledge of and having expressly accepted them and without reserve. The present terms and conditions govern the sales of new and second-hand products proposed by Air et Volume.
ARTICLE 1 - GENERAL STIPULATIONS
Except Air et Volume's express acceptance to a modification of the clauses hereinafter, all of Air et Volume's articles are sold under the conditions hereinafter, notwithstanding any different stipulation or all other "Terms and Conditions" which could be mentioned on the purchase orders from Air et Volume's purchasers.
ARTICLE 2 - ORDER
Subject to written confirmation by the purchaser the latter can order by calling +33 2 37 52 97 17
Monday till Thursday from 8.30 AM till 5.30 PM and Friday from 8.30 AM till 12.30 AM.
ARTICLE 3 - PRICES
The prices are valid at the date of the order placement. In the case of a price increase, the purchaser may, within 3 (three) business days after the notification of the new price, terminate the order without prior notice and without compensation. Past this term, the order will be binding with the new price. The prices are established excluding tax, excluding delivery and installation.
For all products shipped outside the European Union and/or DOM-TOM, the price on the invoice is calculated taxes excluded. Customs duties or other local taxes or import duties or state taxes are likely to be payable in some cases. These rights and sums are not within the purview of Air et Volume They will be at the charge of the purchaser and under his responsibility (statements, payment to the competent authorities, etc.). Air et Volume encourages the purchaser to inquire about these aspects with the relevant local authorities.
Air et Volume reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate applicable at the time of the signature of the estimate and subject to availability.
ARTICLE 4 - MANUFACTURING
The weights, dimensions, colors, shapes, diagrams, drawings and photos of Air et Volume's products are for information purposes only and not contractual. Air et Volume's products may vary at any time and can be modified without notice. In no case can Air et Volume guarantee to provide an "exact" replica or copy of the drawing or the product provided by the purchaser, but Air et Volume will do its best to deliver an acceptable "depiction" within the limits of what is possible for an "inflatable" structure with the conditions and the constraints that this imposes.
Air et Volume will do its best to respect the colors, plans etc. of the purchaser, but the latter accepts the possible limitations in tissues, paints and inks available as well as all variations in color, tone or possible tints applied on the product.
ARTICLE 5 - GUARANTEE
The guarantees are applicable only if the purchaser has beforehand met the payment conditions hereinafter.
All of Air et Volume's new ventilated games are guaranteed for 3 (three) years; the second-hand ventilated games are guaranteed for 3 (three) months. All other new ventilated inflatable products (arches, decorations, costumes etc...) are guaranteed for 1 (one) year.
The new airtight inflatable games are guaranteed for 1 (one) year and the second-hand ones for 6 (six) months.
All coverings subject to intensive use fixed with Velcro (ascents and descents of slides, interior of rings) as well as the obstacles are guaranteed 3 (three) months.
The advertising structures made of airtight PVC fabric are not guaranteed.
The guarantee begins on the day of delivery. The guarantee extends to any manufacturing defect subject to a normal use and in accordance with the instructions. The defects and deteriorations caused by the set-up or the installation, the reasonable and natural wear and tear or by external accident (abnormal use, not adapted maintenance, improper storage, vandalism, natural disasters) or any modifications made to the product by the purchaser are excluded from the guarantee.
ARTICLE 6 - DELIVERY
The delivery is deemed to have been made as soon as the merchandise leaves the warehouse of Air et Volume. Therefore, upon takeover of the goods by the carrier, even if he's designated by Air et Volume, whichever the terms and conditions of the sale or the destination of the goods may be, the purchaser assumes responsibility for the damages that the goods could suffer or cause.
All products of Air et Volume are delivered according to the deadlines specified in the estimate, as of receipt of a deposit.
By no means can a delay of delivery for whichever reason cause the rescission of the order, generate compensatory damages, or entail the responsibility of AIR ET VOLUME, as the delivery time specified on the estimate is given for information purposes only, can be modified and is in no way guaranteed.
ARTICLE 7 - TRANSPORTATION
Upon the purchaser's requests, the transport of the goods will be organized by Air et Volume and will be additionally invoiced. Whether the transport be or not provided by Air et Volume and regardless of the means of transport, all goods sold travel at the purchaser's own risk.
ARTICLE 8 - REMOVAL
In case of a removal of the goods in Air et Volume's warehouses, the purchaser undertakes to take delivery of the order within a period of 15 (fifteen) business days following the date of the written notice of readiness of the goods sent by Air et Volume. Should the purchaser not take delivery in this timeframe, Air et Volume will be able, at its discretion:
- either consider the sale as terminated ipse iure, pursuant to Article 1657 of the French Civil Code, without any requirement for prior notification and without prejudice to any damages and interests. Air et Volume will then be able to dispose of the goods for the benefit of a third party; or
- give notice to the purchaser by registered letter to remove the goods and, in default by the purchaser to take away the goods within that delay, Air et Volume can proceed within 48 (forty-eight) hours to their storage in a place chosen by it in accordance with article 1264 of the French Civil Code. The invoice corresponding to this merchandise plus the storage costs will then be addressed to the purchaser and will become immediately payable.
ARTICLE 9 - FORCE MAJEURE
Air et Volume will not be responsible for any failure or delay in the execution of one of its obligations under the terms of the present, if such a failure or delay is due to causes beyond its reasonable control, i.e. the force majeure as mentioned in article 1148 of the French Civil Code including but not limited to, natural disasters, decisions (or defects of action) of public authorities, customs, fires, harsh weather conditions, earthquakes, strikes or other social disturbance, flooding, war (declared or not), epidemics, civil unrest, riots, acts of terrorism, delays in transportation.
Air et Volume must, as soon as possible notify the purchaser in writing of the cause and the expected duration of the delay. The date of delivery or of performance will be extended for a period equal to the time lost because of this delay, in addition to the supplementary time that may be reasonably necessary to overcome the effects of the excusable delay. Air et Volume will inform the purchaser, as soon as possible, of the new delivery date.
At first, cases of force majeure will suspend the execution of the contract. Should a delay last or is expected to last more than thirty (30) business days and the parties have not agreed to continue, on a modified base, the cooperation at the end of this delay, the purchaser will have the right to terminate the present contract with a written notice of 10 (ten) business days.
ARTICLE 10 - PAYMENT - RETENTION OF TITLE
No discount will be granted for early payment.
The payment of the buyer's purchases can be made with: credit card, bank check or bank transfer. The cards issued by banks legally domiciled outside France must be international bank cards (MasterCard or Visa). In the event of a payment with a check, the check must be emitted by a bank established in Metropolitan France.
The cashing of a means of payment by Air et Volume is a prerequisite for the processing of a command.
Cashing a means of payment means:
- for purchases with a credit card, the recording of valid payment coordinates with the validation of the payment by the center of banking cards. The cashing can be subject to a split bank debit depending on the authorized cap of the purchaser's credit card,
- for purchases with a check, the reception of the signed check payable to Air et Volume
- for purchases by wire transfer, the receipt of the certificate of transfer made by the purchaser's bank,
In case of remittance of a check, the payment will not be deemed made until the time of its effective cashing.
For the purpose of public procurement, payment will be made according to the rules laid down by the French Code of public procurement and the French rules of public accounting.
For orders placed outside Air et Volume's website, a non-refundable deposit of 50% will be asked at the signature of the purchase order form; the balance must be paid in full at the delivery or at the collection of the goods. The goods sold remain the property of Air et Volume until full payment of the price, principal and ancillary charges. On this basis, if the purchaser is the subject of an insolvency proceeding or a liquidation, Air et Volume reserves, in connection with the collective proceedings, the right to claim the goods sold and remained unpaid. Air et Volume remains the owner of all the plans and drawings provided by its care.
ARTICLE 11- INTERESTS ON LATE PAYMENT - RECOVERY COSTS
Any amount not paid on the due date by the purchaser will give rise to late payment penalties that will amount to the interest rate applied by the European Central Bank at its most recent refinancing operation increased by 3 (three) percentage points, except express provision (which may not, however, fix a rate of less than one and a half times the legal rate of interest). The legal rate of interest applied is the one in effect on the day of the delivery of the goods. These penalties are payable ipso iure and without prior notice.
In accordance with Articles 441-6 c. and 441-5c. of the French Commercial Code, any delay in payment gives rise, in addition to the a.m. delay penalties, ipso iure and without prior written notice to an obligation for the purchaser to pay a lump sum compensation of € 40 for recovery costs.
ART 12 - RESOLUTARY CLAUSE
In the event of refusal of payment, non-payment or in the case of non-respect of one of the clauses of the present by the purchaser, Air et Volume will send a letter of formal notice by registered letter with return receipt to the purchaser. If it remains without effect, the sale will be cancelled as of right eight (8) business days after the receipt by the purchaser of the letter of formal notice.
Air et Volume can then require the payment of any due amount under the present, the payment of interests such as defined above, without prejudice to any compensatory damages.
ARTICLE 13 - RESCISSION
The purchaser may rescind his order for whichever reason without any fault having been committed on behalf of Air et Volume, between the date of taking the ordering and the delivery date mentioned on the estimate. This rescission is addressed in writing to Air et Volume.
In case of such rescission the total amount of any deposit made shall remain the property of Air et Volume and cannot subsequently be claimed by the purchaser.
ARTICLE 14 - RESPONSABILITY
The products proposed by Air et Volume comply with the applicable French legislation. Air et Volume will not be held liable in case of non-compliance with the legislation of the country where the product is delivered to. It's the purchaser's responsibility to check with the local authorities the feasibility of the import, the use of the products or the services he intends to order.
In addition, Air et Volume's responsibility will not incur for any damages resulting from improper use of the purchased product.
Finally, the responsibility of Air et Volume shall not be triggered for any disadvantage or damage inherent to the use of the Internet network, including a service breakdown, an external intrusion or the presence of computer viruses.
The purchaser is entirely responsible for his manufacturing request and any breach of the Act concerning trademarks or other patents of any third party.
ARTICLE 15 - CLAIMS
All claims in the event of breakage or damaged materials related to transportation or to its consequences, require a written reserve by the purchaser on the transportation voucher with the carrier at the time of the delivery. The purchaser must then send its claim to Air et Volume as well as to the relevant transportation company by registered letter with return receipt within 3 (three) business days after receipt of the goods.
In the case of non-delivery, the claim must be made by registered letter with return receipt within a period of seven (7) business days from the date of delivery mentioned in the signed estimate.
Any claim on the quality of the products will only be fit to stand trial if it has been made by registered letter with return receipt, within 8 (eight) clear days following the date of receipt of the goods.
Past these periods no claim will be accepted.
The goods accepted without reservation by the purchaser either at the time of delivery or at the time of removal is deemed arrived in good condition and in its entirety (number of parts, in compliance by report to the command, etc.). No claim will therefore be accepted by Air et Volume and no liability is incurred.
However, the return by the purchaser of the goods will only be accepted if all the following conditions are met:
1. The precise reason for the claim must be indicated for each good allegedly defective.
2. The return must be made in the original packaging at the expense of the purchaser, the goods being complete and in good condition with all its consumable accessories and notices.
3. The goods must not have suffered any damage for any reason whatsoever, including during storage, control, demonstration or using operations.
4. The purchaser must not have made any changes to the goods, nor have used the goods in an irregular or non-compliant way.
5. Any return of goods, whatever the reason, must be done in freight paid by the purchaser.
ARTICLE 16: RIGHTS OF INTELLECTUAL PROPERTY
The trademarks, domain names, products, software, images, videos, texts or more generally any information being an object of intellectual property rights are and remain the exclusive property of Air et Volume. No assignment of intellectual property rights is carried out through the present terms and conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 17 - DISPUTE
The headquarters of Air et Volume are based in Nogent-le-Rotrou. In the case of dispute, the Tribunal de Commerce (Commercial Court) of Chartres will be the only appropriate court. The language of the present Terms and Conditions is the French language. The herewith terms and conditions and the acts subsequent hereto will be subject to French law, even in the event of introduction of third parties or multiple defendants.