Terms and Conditions
Article 1: Legal Notice Company name: Airbum
Company headquarters address: Vulsain, 21140 Semur en Auxois
Name of the person responsible for publication: Félix LEVY
SAS with a capital of 50,000 euros
SIRET 894 502 467 00026// RCS Dijon Intracommunity
VAT number: FR85894502467
Contact:
contact@airbum.fr
Article 2: General Provisions Relating to These General Terms and Conditions The general terms of sale (the "General Terms of Sale", or "GTS") apply exclusively to online sales of products offered by the Operator on Airbum. The GTS are made available to customers on the application where they can be directly consulted and can also be communicated to them upon simple request by any means. The GTS are enforceable against the customer who acknowledges, by checking a box or clicking ON the button provided for this purpose, that he has read and accepted them before placing an order. The validation of the order by its confirmation implies the buyer's acceptance of the GTS in force at the day of the order, the preservation and reproduction of which are ensured by the Operator.
Article 3: Description of Products The products presented on the application each have a description indicating their essential characteristics. The photographs illustrating, if applicable, the products do not constitute a contractual document. The user manual of the product, if it is an essential element, is included on the Site or is sent no later than the delivery. The Products comply with the provisions of current French law. The Customer remains responsible for the terms and consequences of his access to the application. This access may involve the payment of fees to technical providers such as Internet service providers, which remain at his expense. In addition, the Customer must provide and be fully responsible for the necessary equipment to connect to the Site.The Customer acknowledges having checked that the computer configuration he uses is secure and operational.
Article 4: Creation of the Customer SpaceTo place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Customer must identify himself using his username and his secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality on the data, in particular username and password, allowing him to access his customer area, the Customer acknowledging being the sole responsible for accessing the Service via his username and password, except in cases of proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and/or password. The Customer undertakes during his registration to:• deliver real, accurate, up-to-date information at the time of their entry in the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so. • keep registration data up to date to permanently ensure their real, accurate and up-to-date nature. The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at his exclusive fault.
Article 5: OrdersThe Operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last. Except for any contrary mention in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, Customer orders are firm and final. When placing an order, the Customer must select the chosen Products, add them to his basket indicating the selected Products and the desired quantities. The Customer has the opportunity to check the details of his order and its total price, and to return to the previous pages to possibly correct the content of his basket, before validating it. The Customer undertakes to read the General Terms and Conditions of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees prior to payment of his order. The confirmation of the order implies acceptance of the GTS and forms the contract. The contractual information relating to the order (including the order number) will be confirmed by email in due time and no later than the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation as proof on a reliable and durable medium. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice as proof on a reliable and durable medium. Any email that will be sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area. The information provided by the Customer when placing the order (including name and deliveryaddress) commits the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order would prevent or delay delivery/dispatch. The Customer declares having full legal capacity allowing him to commit under these General Conditions. Registration is open to capable adults and minors provided that they act under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless validly authorized to represent them (legal person for example). Registration is strictly personal to each Customer. In the event of a breach by the Customer of one of the provisions of these terms, the Operator reserves the right to terminate the account of the said Customer without notice.
Article 6: Payment Methods and SecurityThe Customer expressly acknowledges that any order placed on Airbum is an order with an obligation to pay, which requires the payment of a price against the supply of the ordered Product. In any case, the Operator reserves the right to check the validity of the payment, before shipment of the order, by all necessary means. The Operator uses the online payment solution Stripe. Orders can be paid using the following payment method: § Payment by credit card. Payment is made directly on Stripe's secure bank servers. The bank details communicated during payment are protected by an SSL encryption process (Secure Socket Layer). In this way, these details are not accessible to third parties. The Customer's order is recorded and validated as soon as the bank accepts payment. The Customer's account will be debited the corresponding amount only when (i) the data of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card. The inability to debit the amounts due will immediately invalidate the sale.The credit card may in particular be refused if it has expired, if it has reached the maximum expenditure amount to which the Customer is entitled, or if the data entered is incorrect.
Article 7: Payment of the Price The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement made for the promotion. The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant. If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer validates the order. The total amount due by the Customer and its detail are indicated on the order confirmation page.
Article 8: Formation of the ContractThe contract between the Operator and the Customer is formed at the moment the Customer sends the confirmation of their order. The Customer's attention is particularly drawn to the method of acceptance of the order placed on Airbum. When the Customer places their order, they must confirm it using the "double-click" technique, i.e., after having selected Products added to the basket, the Customer must check and possibly correct the content of their basket (identification, quantity of selected products, price, delivery methods and costs) before validating it by clicking on "I validate my delivery". Then, they acknowledge accepting these General Terms and Conditions before clicking on the "I pay" button. Finally, they validate their order after having filled in their bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer. The archiving of invoices is carried out by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These invoices can be produced as evidence of the contract. Unless proven otherwise, the data recorded by the Operator on Airbum constitute proof of all the transactions made between the Operator and its Customers.
Article 9: Retention of Title The Operator remains the exclusive owner of the Products ordered on the Site until the full price is collected, including any shipping costs.
Article 10: Shipping and Delivery The online sales offers presented on Airbum are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographic areas. Delivery is defined as the transfer to the Customer of the physical possession or control of the Product. Shipping costs are those specified when finalizing the order and are accepted by the validation of the order. Delivery times are announced in working days on Airbum when ordering. These times include the preparation and shipping of the order as well as the delivery period provided by the carrier. The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the cart, provided that the payment of the order has not previously been refused. However, if one or more Products could not be delivered within the initially announced deadline, the Operator will send an email indicating to the Customer the new delivery date. The Products will be delivered to the address indicated by the Customer when placing their order. It is therefore up to them to ensure that this address does not contain any errors. The Operator's responsibility cannot be engaged if the address communicated by the Customer is incorrect, thus preventing or delaying delivery. Upon delivery, a receipt may be requested for signature.
Article 11: Right of Withdrawal If a delivered Product does not fully satisfy the Customer, they can return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order. In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill in a standard withdrawal form. The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by email. If necessary, the Customer can exercise their right of withdrawal by notifying the Operator of the following information:• Name, geographical address, telephone number, and email address; • Decision of withdrawal by means of an unambiguous declaration (for example, letter sent by post, fax, or email as long as these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but it is not obligatory.The return costs are borne by the Customer, except if the good cannot normally be returned by the Post, in which case the Operator will recover the Product at its expense. The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, especially if the order consists of a contract:• For the supply of services fully executed before the end of the withdrawal period and whose execution began after prior express agreement from the consumer and express waiver of their right of withdrawal; • For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; • For the supply of goods made to the consumer's specifications or clearly personalized; • For the supply of goods that are likely to deteriorate or expire rapidly; • For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; • For the supply of goods which, after being delivered and by their nature, are mixed inseparably with other items; • For the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;• For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency; • For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; • For the supply of a newspaper, a periodical or a magazine, except for subscription contracts to these publications; • Concluded during a public auction; • For the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period; • For the supply of digital content not provided on a physical medium whose execution has begun after prior express agreement from the consumer and express waiver of their right of withdrawal. The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories. In addition to the returned Product, the return package must also contain a letter specifying the Customer's exact and complete details (name, first name, address), the order number, and the original purchase invoice. The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all the elements allowing to implement the Customer's refund. This refund can be made by the same payment method used by the Customer. By accepting these General Sales Conditions, the Customer expressly acknowledges having been informed of the withdrawal procedures.
Article 12: Customer Service The Customer can contact the Operator by email by writing to
contact@airbum.fr indicating their name, phone number, the subject of their request, and the number of the order in question.
Article 13: Intellectual Property and Site Usage License The Operator is the sole owner of all elements present on the Site, including and without limitation, all texts, files, images (animated or not), photographs, videos, logos, designs, models, software, brands, visual identity, database, Site structure, and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating particularly to intellectual property. Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether they are known or unknown to date, without the express prior written permission of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation. Furthermore, it is specified that the Operator does not own the content posted online by Customers, for which they remain fully responsible and guarantee the Company against any recourse in this regard. Customers grant the Operator a non-exclusive, transferable, sub-licensable, free, and worldwide license for the use of the intellectual property contents they publish on the Site, for the entire duration of protection of these contents.The Operator reserves the right to take legal action against those who have not respected the prohibitions contained in this article.
Article 14: Liability and Warranty The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by competent courts or the unforeseeable and insurmountable fact of any third party to the contract. The Operator cannot be held responsible for information imported, stored, and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and direct or indirect damages that this use could cause to a third party, the Customer who originated the publication remains solely responsible in this respect. The Customer acknowledges that the characteristics and constraints of the Internet do not allow the guarantee of security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operational error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to evolve their content and/or presentation. The Operator cannot be held responsible for the use made of the Site and its services by Customers in violation of these General Conditions and direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and his behavior towards third parties. In the event that the Operator's liability is sought due to such behavior from one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular attorney's fees, incurred for its defense. The Customer is solely responsible for all content he posts on the Site, for which he expressly declares to have all the rights, and thus guarantees to the Operator that he does not post content violating third party rights, particularly intellectual property, or constituting an infringement on people (including defamation, insults, injuries, etc.), respect for private life, an attack on public order and good morals (including, the glorification of crimes against humanity, incitement to racial hatred, child pornography, etc.). In case of violation of the laws in force, good morals, or these General Conditions, the Operator can exclude de jure Customers who have committed such offenses and delete information and references to this controversial content. The Operator is considered a host regarding content posted online by third parties. In this respect, it is recalled that the Operator has no general obligation to monitor content transmitted or stored via the Site. In the event that the Operator's liability is sought due to content posted online by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular attorney's fees, incurred for its defense. Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 and following of the Consumer Code (particularly L. 217-4 to L. 217-14 of the Consumer Code), and the warranty for hidden defects provided for in articles 1641 to 1649 of the Civil Code. When you act under the legal guarantee of conformity:• you have a period of two (2) years from the delivery of the goods to act: • you can choose between the repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code; • you are exempted from providing proof of the existence of the conformity defect of the goods during the twenty-four (24) months following the delivery of the goods (except for used goods). You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this hypothesis, you canchoose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9, and L. 217-12 of the Consumer Code, article 1641, 1644, and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions: Art. L.217-4 of the consumer code: "The seller delivers a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when this was charged to him by the contract or carried out under his responsibility." Art. L.217-5 of the consumer code: "The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, if applicable: - if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in light of public statements made by the seller, by the producer or his representative, especially in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by him." Art. L.217-7 of the consumer code: "Conformity defects that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery unless proven otherwise. For used goods sold, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the claimed conformity defect." Art. L.217-9 of the consumer code: "In case of a lack of conformity, the buyer chooses between the repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer." Art. L.217-12 of the consumer code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods." Art. 1641 of the civil code: "The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that diminish this use so much, that the buyer would not have acquired it, or would have given a lower price, if he had known about them." Art. 1644 of the civil code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and getting a refund, or keeping the thing and getting a part of the price refunded." Article 1648, first paragraph of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."It is reminded that the search for amicable solutions prior to any possible legal action does not interrupt the time limits for action of the legal guarantees nor the duration of any possible contractual warranty.
Article 15 – Commercial Warranty The commercial warranty (contractual commitment of the Operator, in addition to its legal obligations related to the product conformity guarantee) is subject to a written contract compliant with the provisions of articles L. 217-15 and following of the Commercial Code, a copy of which is given to the Client.
Article 16 – After-Sales Service The after-sales service performed by the Operator that does not fall under the commercial warranty is subject to a contract, a copy of which is given to the Client. Claims made under the warranties must be sent to the after-sales service at the following coordinates:• email address:
contact@airbum.fr Products covered by the warranties must be returned new, complete, and in their original condition and packaging after reception and confirmation of the claim by the after-sales service. The Client will be refunded for the return postal fees no later than thirty (30) days after the reception of the product by the Operator.
Article 17: Personal Data For more information about the use of personal data by the Operator, please read the Privacy Charter carefully. You can consult this Charter at any time on the Site.
Article 18 – Hyperlinks The hyperlinks available on the Site may refer to third-party sites not edited by the Operator. They are provided solely for the convenience of the Client, to facilitate the use of resources available on the Internet. If the Client uses these links, they will leave the Site and then agree to use the third-party sites at their own risk or, if applicable, in accordance with the conditions that govern them. The Client acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or the content applicable to or appearing on these third-party sites. Consequently, the Operator cannot be held responsible in any way due to these hyperlinks.Furthermore, the Client acknowledges that the Operator cannot endorse, guarantee, or take over the terms of use and/or the content of these third-party sites.The Site may also contain promotional hyperlinks and/or advertising banners leading to third-party sites not edited by the Operator. The Operator invites the Client to report any hyperlink on the Site that would allow access to a third-party site offering content contrary to laws and/or good morals. The Client may not use and/or insert a hyperlink pointing to the site without the written and prior agreement of the Operator on a case-by-case basis.
Article 19: References The Client authorizes the Operator to mention the Client's name, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
Article 20 – General provisions Entirety of the parties' agreement These General Terms and Conditions constitute a contract governing the relations between the Client and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator relating to their purpose. If one or more stipulations of these General Terms and Conditions were declared null and void in accordance with a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations would retain their full force and scope. Furthermore, the failure of one of the parties to these General Terms and Conditions to invoke a breach by the other party of any of the provisions of these General Terms and Conditions should not be interpreted as a waiver on its part to invoke in the future such a breach. Changes to the conditions The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site. In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Terms and Conditions. The Client is therefore obliged to refer to these General Terms and Conditions before any use of the Site. The Client acknowledges that the Operator cannot be held responsible in any way towards him or any third party due to these modifications, suspensions or cessations. The Operator advises the Client to save and/or print these General Terms and Conditions for safe and durable storage, and to be able to invoke them at any time during the execution of the contract if necessary. Applicable law These General Terms and Conditions are governed, interpreted and applied in accordance with French law. Acceptance of the general conditions by the client The Client acknowledges having carefully read these General Terms and Conditions. By registering on the Site, the Client confirms that he has read the General Terms and Conditions and accepts them, thus making him contractually bound by the terms of these General Terms and Conditions. The General Terms and Conditions applicable to the Client are those available on the date of the order, a dated copy of which can be provided to him at his request on this date, it is therefore specified that any modification of the General Terms and Conditions that would be made by the Operator will not apply to any order that occurred previously, except with the express agreement of the Client at the origin of a given order.