Terms and conditions of sale
This online sales site is represented by the company ASI-AVIATION, « société par actions simplifiées » with a capital of € 1’200'000,00, established Aéroport de Reims Prunay, 51360, Prunay, France, registered under the n° 801 330 614 at the Reims commercial court,
These general conditions of sale govern the terms of placing an order on the site www.asi-commerce.fr of the company ASI-AVIATION. The General Terms and Conditions of Sale detailed below apply to all orders placed with ASI-AVIATION for all products and services offered. Any derogations from these general conditions of sale must be expressly accepted, in writing, by ASI-AVIATION.
The customer declares to tacitly adhere to these general conditions of sale by sending his order.
These general conditions of sale are systematically proposed to the knowledge of each buyer to allow him to place an order. Consequently, the fact of placing an order, implies the full and unreserved adherence of the buyer to these general conditions of sale.
ASI-AVIATION reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, the general conditions of sale in force at the time of the order will be applied.
The fact that the seller does not avail himself at a given time of any of these general conditions of sale, cannot be interpreted as a waiver to avail himself subsequently of any of the said conditions.
Products
The presentations of the products as well as their photos have only an indicative value and do not constitute a contractual document, some items not sold, serving only as decoration. ASI-AVIATION strives to describe and present with the greatest accuracy the products offered.
All the products presented on this website have been entirely handmade which gives them an artisanal character. The buyer undertakes not to exercise any recourse against ASI-AVIATION on elements deemed to be related to these modes of production and accepts the possibility.
The online products are aimed at aircraft maintenance professionals, business partners, technical partners and aircraft operators. Orders from individuals must be checked by ASI-Aviation before their acceptance due to the technical particularities of the items sold by ASI-Aviation.
Prices
Our prices are in euros all taxes included in force excluding transport costs. However, ASI-AVIATION may, to facilitate the information of its prospects and customers, may display, as an indication of prices in foreign currencies. Only the price in Euros is authentic.
ASI-AVIATION reserves the right to modify its rates in force, orders are invoiced at the price of the rate in force on the day of the order.
Orders
You can place your order:
- Either online by the www.asi-commerce.frsite.
- Either by mail in a stamped envelope at the rate in force, specifying its part number, description of the product, color, size and price including VAT, delivery costs included, to the address ASI-AVIATION, Aéroport de Reims-Prunay, 51360 Prunay, France.
- Either by phone at 06 06 16 46 66.
The availability of items is specified at the time of your order. It may happen that a product is out of stock during your order, ASI-AVIATION undertakes to contact you as soon as possible by email either during the establishment of your order, or either following the validation of your order and prior to the scheduled delivery date, to agree with you or to wait until its replenishment, either an exchange of a product of superior or similar quality, or a refund.
In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, adopted for the application of article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the purchase order constitutes an electronic signature which, between the Parties, has the same value as a handwritten signature.
Upon validation of your order on our sales site, ASI-AVIATION will send you an email summarizing your order, the billing and delivery address and other information necessary to process your order.
Your order will only be validated after receipt of your payment.
Any order implies on the part of the customer the unreserved acceptance of these general conditions of sale. None of the clauses on purchase orders or on correspondence sent to us from our customers can, therefore, derogate from them, unless otherwise stipulated included in express and precise terms in the text of our offers or acceptances.
Payment
The payment of the items will be made at the time of the order, and it is then that we will proceed to the shipment of it.
You can proceed to the payment of goods:
- by credit card on our secure web site, payment services provided by CIC Monetico (SSL): CB, Visa card, Mastercard, American Express.
-or bank wire transfer:
Euro Account
Account number: : 00020225401
IBAN: FR76 3008 7337 8000 0202 2540 180
BIC/SWIFT: CMCIFRPP
Name of the account: ASI-AVIATION
Bank reference: CIC Entreprise Reims
USD Account:
Account number: 00020225404
IBAN: FR76 3008 7337 8000 0202 2540 471
BIC/SWIFT Code: CMCIFRPP
Name of the account: ASI-AVIATION
Bank reference: CIC Entreprise Reims
Our invoices are payable before goods are shipped, unless otherwise specified, and without discount. Any delay in payment in relation to the agreed settlement date shall automatically result in the application of late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, payable on the day following the settlement date shown on the invoice if the sums due are settled after that date. Late penalties are due without the need for a reminder.
Concerning professional customers and in accordance with articles 441-6 c. and A.C. 441-5c. of the Commercial Code, any delay in payment automatically entails, in addition to the late payment penalties, an obligation for the debtor to pay a fixed compensation of forty (40) € for recovery costs.
Additional compensation may be claimed, upon receipt, when the recovery costs incurred are higher than the amount of the lump sum compensation.
The products remain the property of ASI-AVIATION until full payment of the price.
ASI-AVIATION reserves the right to refuse any order or delivery in the event of an existing dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal to authorize payment by credit card of banking organizations, non-payment or partial payment.
Transport And Delivery
Country of delivery
The products are offered for sale worldwide, with the exception of countries subject to export restriction measures of the French, European or United States of America governments. All orders will be subject to an end-user compliance check.
Shipping costs
Shipping costs are not included in the purchase price of the product You will be informed when you order of the transport costs to be paid for the delivery of your goods.
If a second presentation of the delivery was necessary, all the resulting costs remain the responsibility of the buyer.
Terms of delivery
The items are delivered to the address indicated by the Buyer on the order. ASI-AVIATION cannot be held responsible for the impossibility of delivering the order in the event of an error in the contact details provided by the Buyer or omission of information.
Due to the volume of some of our items sold, the Buyer must meet all the conditions of delivery when passing through the carrier; for example, deliveries on floors or requiring a handler, the purchaser will make all the necessary arrangements so that the delivery can be made.
Please report any specific access problem (narrow street, pedestrian street ...) when ordering.
Carriers are not required to deliver to you inside your home and are entitled to leave your package at the entrance of the building, or at the door of your home. We therefore advise you, as far as possible, to provide the necessary assistance on the day of delivery, in case the driver cannot take the time to help you enter your package inside the home.
All deliveries are delivered only against signature by the postal service or the service of a carrier. In case of absence during the passage of the Post Office, he will leave you a notice of passage so that you can pick up your package at the postal office closest to your home within 15 days. And our carrier will proceed to the delivery of your order having or not previously made an appointment by phone. The carrier may ask you for additional delivery costs for a second passage if it turns out that during its first passage you were absent at the delivery address indicated while the latter had previously made an appointment.
The Carrier may also leave you a notice of passage by asking you to call it back to agree on a delivery date or may offer you to go to its depot if it remains close to your home.
Delivery time
Our delivery time is currently about 10 to 15 working days and ASI-AVIATION will make every effort to meet the delivery times of the products you have ordered. However, exceeding the delivery times can not give rise to damages, deductions or cancellation of order or refusal of the goods at the time of delivery.
However, in the event of delivery not made, due to force majeure, within thirty days of the validation of the order, the Buyer may terminate his order. In this specific case, ASI-AVIATION will return the payment received, to the exclusion of any compensation or damages claimed by the Buyer. Will be considered as a case of force majeure any event beyond the control of the seller such as the facts of fire, strike, accidents or failure of a supplier of ASI-AVIATION.
ASI-AVIATION therefore declines all responsibility in the event of too long a delivery time due to the carrier's services, as well as in the event of loss of the products ordered or strike of the services. It is specified that the risks of transport are borne by the Buyer. In case of late delivery, the Buyer must report this delay, as soon as possible to the company ASI-AVIATION, by email addressed to contacts@ASI-Group.fr. ASI-AVIATION will then approach the carrier's services so that an investigation can be carried out. The time frame for an investigation can be long.
What should the customer do upon delivery?
It is the buyer's responsibility to immediately receive and check the goods.
When delivering a package, it is imperative to check the package, both the exterior and the contents in order to notify reservations if the product (s) ordered is (are) missing, is (are) incomplete or degraded.
Beware: the mentions of general reserves of the type "subject to unpacking" have no legal value.
The possibility of expressing reservations implies the right of verification that the addressee has. The carrier may not under any circumstances impede the exercise of the consignee's right of verification, which is a substantial element of regular delivery.
What to do if you are refused delivery of the package?
Regularly the delivery person does not accept that you open the package before validating the receipt or does not want to wait.
However, it has the obligation to do so, as the courts and more particularly the Court of Cassation have repeatedly recalled, in two judgments:
Thus " the recipient has the right to demand, before taking delivery, both internal and external verification of the packages" (cass civ 22/11/1933). If the carrier has refused this right to the consignee, thus preventing him from checking the goods, the valet cannot invoke the absence of reservation and confirmation by LRAR (cass 27/04/1921).
Therefore, it is imperative to indicate that you have been refused the opportunity to check the contents of the package on the receipt that you will sign and inform the carrier of the damage noted after control of the package by registered letter.
Upon delivery, in the event of an incident found on the package (damaged package, missing package, open package ....), the Buyer must make reservations with the carrier before accepting the delivery of his order. Reservations will be made by annotation on the delivery note, a duplicate of which will be kept by the customer, who will confirm these reservations within 3 days (excluding public holidays) by registered letter addressed to the carrier who made the delivery.
Article L. 133-3 of the French Commercial Code provides:
'The receipt of the objects carried extinguishes any action against the valet for damage or partial loss if within three days, not including public holidays, following that of such receipt, the addressee has not notified the valet, by extrajudicial act or registered letter, of his reasoned protest. If, within the period provided for above, a request for an expert opinion is made pursuant to Article L. 133-4, this request constitutes a protest without it being necessary to proceed as stated in the first paragraph. Any stipulations to the contrary are null and void. The latter provision shall not apply to international transport. »
These reservations must be clearly specified. A comment such as "damaged item" would not engage the responsibility of ASI-AVIATION. In particular, it is important to note all the details about the deterioration of the packaging and the products themselves.
Some examples of inoperative/unspentified reserves:
Open, smashed, crushed, damaged, damaged cardboard, damaged package, without describing a consequent damage to the goods.
Warning:
Spontaneously or at the instigation of the carrier, it may happen that the recipient implicates the sender, in his reservations, by criticizing, for example, the packaging or the intrinsic quality of the goods.
This type of reservation is to be avoided because it risks making the consignee lose his recourse against the carrier since it characterizes a fault of the exporting consignor of responsibility, without guaranteeing him a liability of the consignor who will oppose the unilateral nature of the allegation mentioned by the consignee outside his presence.
If no reservation is made to the carrier in the legal forms and deadlines, our company ASI-AVIATION will not be able to exchange you, refund you, or reship to you free of charge the damaged or missing items.
In case of doubt about the contents of the package, refuse it and return it to the carrier in its entirety and in its original packaging.
And the buyer must the same day of the finding of the damage notified his reservations to ASI-AVIATION by email to contact@asi-group.fr; any notification made after this period will be rejected and ASI-AVIATION will be released from any responsibility or liabilit.
Satisfied Or Reimbursed
We wish you complete satisfaction on the products you order. In accordance with Law No. 2014-344 of 17 March 2014, concerning non-professionals and professionals who (Article L121-16-1 of the Consumer Code) have fewer than 5 employees in the company and if the subject of the contract is not in the main field of activity of the company, you have a withdrawal period of fourteen clear days from receipt of the products ordered to return the products for exchange or refund. Special orders, such as custom bins, colors on request or other, cannot be taken back or exchanged.
The right or possibility of exchange or refund applies only to the extent that the product is returned in perfect condition for resale, packed (or repackaged) in its original packaging or in similar packaging, complete and showing no trace of shock, scratch, or obvious trace of use. ASI-AVIATION reserves the right to refuse this exchange or refund if the products received in return do not comply with these conditions.
Return of merchandise
When returning goods, the Buyer will send ASI-AVIATION an email indicating whether he wishes to exchange the product or that it be refunded. The goods must be returned to ASI-AVIATION - service retours – Reims Prunay Airport, 51360, Prunay France, in its original packaging or in packaging similar to that of origin. Products delivered on pallets must be reshipped on pallets.
The products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the products during their delivery. The Customer is asked to comply with these same standards when returning a product. Any damage found to a product on return due to a problem with the level of packaging not respected may result in a partial refund or non-refund of the product in case of impossibility of resale in the state or in case of worsening of the technical problem indicated.
A return number (RMA) will be indicated to you, and you must imperatively report it visibly on your return package.
For the return of the goods to ASI-AVIATION within 14 days for a refund or the reshipment of an order in the case of an exchange, the transport costs of the return goods are the responsibility of the customer. It should be noted that the transport costs for a return of goods may be higher than for the outward shipment, indeed ASI-AVIATION has preferential rates with the carrier it uses for the departure of goods from its workshop. The customer may, if he wishes, use another carrier himself. He will then inform ASI-AVIATION beforehand. Only unused products, returned in good condition, and in their original or similar packaging will be returned or exchanged. Products delivered on pallets must be reshipped on pallets. The refund will be made within fourteen days of receipt of your return.
In the event of an error in the preparation of your order on our part or if the product is defective, ASI-AVIATION will reimburse you for all the costs of transport back and forwarded goods. Only unused products, returned in good condition, and in their original or similar packaging will be returned or exchanged. . Products delivered on pallets must be reshipped on pallets. In the event that ASI-AVIATION must reimburse you for the return delivery costs, the Buyer must appeal for the return of his goods to the carrier designated by ASI-AVIATION. And in the case of a return by post, the Buyer must use the forwarding number that ASI-AVIATION has communicated to him by email.
You can view "Your Account" to view the refund of an item. The amount will be credited to your bank account directly if your payment was made by credit card and we will send you a refund check to the billing address indicated when ordering if your payment was made by bank check.
The refund will be made within fourteen days of receipt of your return.
Retention Of Title Clause
ASI-AVIATION retains ownership of the goods described in the order form and invoices until full payment of their price in principal and interest. In the absence of payment of the agreed price, the seller may take back the goods, the sale will then be resolved automatically. These provisions do not preclude the transfer to the buyer of the risks of loss and deterioration of the goods sold, as well as the damage they may cause. The Buyer is also prohibited from selling or granting a pledge on the goods covered by this clause under penalty of termination of the sale. The Buyer already authorizes the seller to enter his home in order, if necessary, to take back the goods sold, not paid on the agreed deadline and this, from the day after said deadline. All related costs are the responsibility of the defaulting debtor.
Right Of Ownership
All texts, images used on the site www. ASI-Aviation.fr are the property of ASI-AVIATION and any total or partial reproduction of the site www. ASI-Aviation.fr is strictly prohibited.
Applicable Law
In the event of a dispute, ASI-AVIATION will seek an amicable settlement. However, in the event that the amicable settlement cannot not be reached, the competent court to settle a dispute will be the Commercial Court of Reims, France.
Personal Data
The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.
In accordance with the Data Protection Act No. 78-17 of 6 January 1978, you have the right to access, rectify, oppose and delete personal data concerning you. Through ASI-AVIATION, you may receive commercial proposals or be informed of our offers. If you do not wish to receive these commercial proposals or be informed of our offers, simply make a request by indicating your contact details by mail to ASI-AVIATION, Reims Prunay Airport, 51360 Prunay, France.
Cookies
ASI-AVIATION places a "cookie" on your Internet browser that allows you to be identified directly, by assigning your computer a unique number. This feature allows ASI-AVIATION to save the information relating to your purchases that you can then consult by logging in later. These cookies do not allow us to retrieve information other than that which you provide to us when registering as a member. If you set your browser not to accept "cookies", you will no longer be able to use our site correctly.
Warranty
The Professional Client may avail himself of the obligation of compliant delivery (Article 1603 s. Civil Code).
The non-professional Customer may, in any case, avail himself of the legal guarantee of conformity provided for by the Consumer Code and in particular the following articles:
Article L.211-4: "The seller is required to deliver 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 the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility".
Article L.211-5: "To be in conformity with the contract, the property must:1. Be fit for the use usually expected of a similar good and, where appropriate:- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;2. Or have 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 which the latter has accepted. »
Article L.211-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
ASI-Aviation also remains liable for fatal defects in the thing under the conditions provided for in articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if they had known them".
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect".
Liability
ASI-AVIATION cannot be held responsible for the non-performance of the contract concluded in the event of an unforeseeable and insurmountable event of a third party to the contract (disruption, total or partial strike including postal services and means of transport and / or communication, flood, fire ...) or fault of the customer. Naturally, ASI-AVIATION undertakes to do its utmost to implement a solution aimed at fulfilling the agreed contract as soon as possible.
The choice and purchase of a product is the sole responsibility of the customer. The total or partial impossibility of using the products, in particular because of incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the company's liability.
Our liability cannot extend beyond a period of two years after delivery or discovery of a hidden defect, it is also strictly limited to the replacement of items recognized as defective, and still provided that they have been used and maintained under normal operating conditions. In addition, ASI-AVIATION shall not incur any liability for any indirect damages or costs, nor for any loss and any damage or costs arising from the use or impossibility of use of the product by the Customer.
