GENERAL CONDITIONS OF SALE |
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.flyingneurons. com (hereinafter the “SITE”) with FLYING NEURONS, SAS, registered in the Aix-En-Provence trade and companies register under number 839 368 081, having its registered office Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE Tel: 0686566997, email: admin@flyingneurons.com (hereinafter the “SELLER”).
Any order placed on the Site necessarily implies the CUSTOMER's unreserved acceptance of these general conditions
You can register for free on the BLOCTEL canvassing opposition list (www.bloctel.gouv.fr ) in order to no longer be approached by telephone by a professional with whom you have no current contractual relationship, in accordance with law n°2014-344 of March 17, 2014 relating to consumption. Any consumer can register for free on this list on the site https://conso.bloctel.fr/ index.php/registration.php .
ARTICLE 1. DEFINITIONS
The terms used below have the following meaning in these General Conditions:
- "CUSTOMER": designates the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the CLIENT acts outside of any usual or commercial activity.
- "DELIVERY": designates the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.
- “PRODUCTS”: designates all the products available on the SITE.
ARTICLE 2. PURPOSE
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of the said Conditions s applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of the said Conditions s applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at the address admin@flyingneurons.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at the address admin@flyingneurons.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
Article 5.1 Product Features
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the legislation European standards in force and the standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add as many PRODUCTS as they wish to their basket.
5.2.2. Commands
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgment
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct.
The SELLER n not send an order confirmation by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order Date
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros excluding taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and carrier or mode of transport chosen).
Prices include value added tax (VAT) at the time of payment at the rate in effect on the date of the order, except for companies outside France. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of quality and equivalent prices, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS at the latest within thirty (30 ) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are provided for in the "withdrawal policy", a policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
>
ARTICLE 7. PAYMENT
7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
As such, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Date of payment
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.
In the If, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND RECORDING
Any contract entered into with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Code of consumption.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him , or by a third party designated by him other than the carrier, the risk of loss or damage to the PRODUCTS subject to the retention of title, as well as the risk of damage that they may cause.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him , or by a third party designated by him other than the carrier, the risk of loss or damage to the PRODUCTS subject to the retention of title, as well as the risk of damage that they may cause.
ARTICLE 10. DELIVERY
The methods of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
< br />
< br />
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all PRODUCTS, which are detailed below, in accordance with Article L .111-1 of the Consumer Code
Article 12.1. Guarantee of conformity
Article L.217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility”.
Article L.217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular 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, brought to the attention of the seller and which the latter has accepted”.
< br /> The SELLER is likely to be liable for defects in conformity existing at the time of delivery and defects in conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him or has was carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Code of consumption)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen. by the Customer.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange the return of the PRODUCT by the CLIENT to the following address Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L.217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, the where applicable, on the PRODUCTS.
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it , or would have paid less, if he had known them. (Article 1641 of the Civil Code)
This warranty allows the CUSTOMER who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if he is returned and reimbursement of part of its price, if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address FLYING NEURONS - Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article L.217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular 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, brought to the attention of the seller and which the latter has accepted”.
< br /> The SELLER is likely to be liable for defects in conformity existing at the time of delivery and defects in conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him or has was carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Code of consumption)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen. by the Customer.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange the return of the PRODUCT by the CLIENT to the following address Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L.217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, the where applicable, on the PRODUCTS.
Article 12.2. Warranty against hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it , or would have paid less, if he had known them. (Article 1641 of the Civil Code)
This warranty allows the CUSTOMER who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if he is returned and reimbursement of part of its price, if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address FLYING NEURONS - Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
ARTICLE 13. LIABILITY
The responsibility of the SELLER can in no way be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER shall not may be held liable, or considered to have breached these terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the courts and French courts.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is given as to their content.
The responsibility of the SELLER cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
/>
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents performance of his obligation by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the the SELLER cannot be held liable, in particular in the event of an attack by computer hackers, the unavailability of materials, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of the occurrence any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GCS and preventing the execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER shall not may claim the payment of any compensation and may not bring any action against the SELLER.
In the event of the occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
The SELLER shall not may be held liable, or considered to have breached these terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the courts and French courts.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is given as to their content.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
/>
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents performance of his obligation by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the the SELLER cannot be held liable, in particular in the event of an attack by computer hackers, the unavailability of materials, supplies, spare parts, personal or other equipment, the interruption of electronic communications networks, as well as in the event of the occurrence any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GCS and preventing the execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER shall not may claim the payment of any compensation and may not bring any action against the SELLER.
In the event of the occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the contract. commercial relationship if you are a customer or from your last contact if you are not yet a customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and Freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data personal are processed benefits from the rights of access, rectification, updating, portability and erasure of the information which concerns him, as well as a right to limit the processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the General European Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.
The CUSTOMER may exercise these rights by sending an email to the address: admin@flyingneurons.com or by sending a letter to FLYING NEURONS, Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en- Provence, FRANCE.
Finally, the CUSTOMER may also lodge a complaint with the supervisory authorities and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law, for a period of 3 years from the end of the contract. commercial relationship if you are a customer or from your last contact if you are not yet a customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and Freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data personal are processed benefits from the rights of access, rectification, updating, portability and erasure of the information which concerns him, as well as a right to limit the processing in accordance with articles 49,50,51,53 and 55 of the Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the General European Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of Article 56 of the Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The CUSTOMER can also define the fate of his data after his death and choose whether or not the SELLER communicates his data to a third party that the CUSTOMER has previously designated.
The CUSTOMER may exercise these rights by sending an email to the address: admin@flyingneurons.com or by sending a letter to FLYING NEURONS, Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en- Provence, FRANCE.
Finally, the CUSTOMER may also lodge a complaint with the supervisory authorities and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 0686566997 (non-surcharged number). Any written complaint from the CLIENT must be sent to the following address: Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE.
ARTICLE 17. INTELLECTUAL PROPERTY
All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial , of the SITE and its content, by any process whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GCS constitutes recognition by the CLIENT of the intellectual property rights of the SELLER and commitment to respect them.
< /div>
ANNEX 1
WITHDRAWAL POLICY
ANNEX 2
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial , of the SITE and its content, by any process whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GCS constitutes recognition by the CLIENT of the intellectual property rights of the SELLER and commitment to respect them.
< /div>
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions. for companies headquartered in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE COMPETENT JURISDICTION.
However, prior to any recourse to the arbitration or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand , to resolve their dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict arises to this contract, including its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: MEDIATOR, whose contact details are: MEDIATOR and which can be entered via this link: MEDIATOR .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict
The mediation is not mandatory, the CUSTOMER or the SELLER may at any time withdraw from the process
IN THE HYPOTHESIS OR THE MEDIATION WOULD FAIL OR WOULD NOT BE ENVISAGED, THE DISPUTE HAVING COULD GIVE RISE TO A MEDIATION WILL BE ENTRUSTED TO THE COMPETENT JURISDICTION NAMED ABOVE.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE COMPETENT JURISDICTION.
However, prior to any recourse to the arbitration or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand , to resolve their dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict arises to this contract, including its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: MEDIATOR, whose contact details are: MEDIATOR and which can be entered via this link: MEDIATOR .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict
The mediation is not mandatory, the CUSTOMER or the SELLER may at any time withdraw from the process
IN THE HYPOTHESIS OR THE MEDIATION WOULD FAIL OR WOULD NOT BE ENVISAGED, THE DISPUTE HAVING COULD GIVE RISE TO A MEDIATION WILL BE ENTRUSTED TO THE COMPETENT JURISDICTION NAMED ABOVE.
ANNEX 1
WITHDRAWAL POLICYPrinciple of withdrawal
The CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving any reason.
For this, the PRODUCT must be returned or returned no later than fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT himself.
/>
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the property.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last good.
In the event of delivery of the PRODUCT in several lots of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last lot or the last part.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify its decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to: Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE or admin@flyingneurons.com.
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
< b>Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (at except for additional costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method offered by the SELLER) from the date on which he is informed of the CLIENT's decision to withdraw.(Article L.221-24 of the Consumer Code).
Unless he offers to collect the PRODUCTS himself, the SELLER may defer reimbursement until recovery of the PRODUCTS or until the CUSTOMER has provided proof of shipment of the PRODUCTS, the date retained being that of the first of these facts.
The SELLER will proceed reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to use another means of payment and insofar as the reimbursement will not incur any costs for the CUSTOMER.
Return methods
The CUSTOMER must in any case, at the latest fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE.
This deadline is deemed to have been complied with if the CLIENT returns the goods before the expiry of the fourteen (14) day period.
Return costs
The CLIENT must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the good.
State of returned goods
The PRODUCT must be returned according to the SELLER's instructions and include in particular all the accessories delivered.
The CUSTOMER's liability is only engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those which are necessary.
Exclusions of the law withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
- Supply of goods or services whose price depends on fluctuations on the financial market
- Supply of goods made according to the CLIENT's specifications or clearly personalized
- Supply of goods liable to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract )
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date or a specific performance period
- Supply of goods which by their nature are inseparably mixed with other items
- Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of parts of replacement and work strictly necessary to respond to the emergency;
- Supply of digital content not provided dematerialized if performance has begun with the prior express consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded during a public auction
The CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER, without giving any reason.
For this, the PRODUCT must be returned or returned no later than fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT himself.
/>
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the property.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last good.
In the event of delivery of the PRODUCT in several lots of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last lot or the last part.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify its decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to: Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE or admin@flyingneurons.com.
He can also use the form below:
WITHDRAWAL FORM
Attn: FLYING NEURONS
SELLER Telephone Number: 0686566997
SELLER Fax Number:
E-mail address of the SELLER*: admin@flyingneurons.com
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
Reference of the PRODUCT
Invoice number:
Purchase order number:
- Ordered on [________________]/received on [________________]
- Method of payment used:< br /> - Name of the CLIENT and, if applicable, the beneficiary of the order:
- Address of the CLIENT:
- Delivery address:
- Signature of the CLIENT (unless email transmission)
- Date
SELLER Telephone Number: 0686566997
SELLER Fax Number:
E-mail address of the SELLER*: admin@flyingneurons.com
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
Reference of the PRODUCT
Invoice number:
Purchase order number:
- Ordered on [________________]/received on [________________]
- Method of payment used:< br /> - Name of the CLIENT and, if applicable, the beneficiary of the order:
- Address of the CLIENT:
- Delivery address:
- Signature of the CLIENT (unless email transmission)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
< b>Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (at except for additional costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method offered by the SELLER) from the date on which he is informed of the CLIENT's decision to withdraw.(Article L.221-24 of the Consumer Code).
Unless he offers to collect the PRODUCTS himself, the SELLER may defer reimbursement until recovery of the PRODUCTS or until the CUSTOMER has provided proof of shipment of the PRODUCTS, the date retained being that of the first of these facts.
The SELLER will proceed reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to use another means of payment and insofar as the reimbursement will not incur any costs for the CUSTOMER.
Return methods
The CUSTOMER must in any case, at the latest fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: Europarc Pichaury – C2, 1330 rue JRG Gauthier de la Lauzière, Les Milles, 13290 Aix-en-Provence, FRANCE.
This deadline is deemed to have been complied with if the CLIENT returns the goods before the expiry of the fourteen (14) day period.
Return costs
The CLIENT must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the good.
State of returned goods
The PRODUCT must be returned according to the SELLER's instructions and include in particular all the accessories delivered.
The CUSTOMER's liability is only engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those which are necessary.
Exclusions of the law withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
- Supply of goods or services whose price depends on fluctuations on the financial market
- Supply of goods made according to the CLIENT's specifications or clearly personalized
- Supply of goods liable to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software which have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract )
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date or a specific performance period
- Supply of goods which by their nature are inseparably mixed with other items
- Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of parts of replacement and work strictly necessary to respond to the emergency;
- Supply of digital content not provided dematerialized if performance has begun with the prior express consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded during a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS are shipped to the delivery address(es) that the CLIENT will have indicated during the delivery process. command.
Shipping time
The times for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and methods for the PRODUCTS purchased.
< br /> Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
DELIVERY PROBLEMS
The CUSTOMER is informed of the fixed delivery date when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must put the SELLER on notice to deliver within a reasonable time and in the event of non-delivery within this period, he may terminate the contract.
The SELLER shall reimburse, without excessive delay from upon receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment as that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
The PRODUCTS are shipped to the delivery address(es) that the CLIENT will have indicated during the delivery process. command.
Shipping time
The times for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and methods for the PRODUCTS purchased.
< br /> Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
DELIVERY PROBLEMS
The CUSTOMER is informed of the fixed delivery date when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must put the SELLER on notice to deliver within a reasonable time and in the event of non-delivery within this period, he may terminate the contract.
The SELLER shall reimburse, without excessive delay from upon receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment as that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the delivery of the PRODUCT to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.