GENERAL CONDITIONS OF SALE 1 – Application of the general conditions of sale FLYING EYE is a business-to-business supplier. The Flying Eye Website is intended for use by professional customers and not by individuals acting as consumers (“Consumers”) and these general conditions of sale apply to professional customers. Notwithstanding the foregoing, nothing in these terms and conditions affects the mandatory rights of a customer who deals as a Consumer. These general conditions of sale apply to all sales concluded by the company FLYING EYE, regardless of the clauses that may appear on the customer’s documents, and in particular its general conditions of purchase. They concern the sale and rental of products, including virtual products. Placing an order implies full acceptance by the customer of these conditions notwithstanding any reservations or requirements that may accompany them. 2 – Intellectual property The studies, plans, catalogs, specifications and technical recommendations drawn up by the company FLYING EYE remain its property and cannot under any circumstances be reproduced or used without its prior written consent under penalty of prosecution. judicial. 3 – Orders 3 -1 Orders must be confirmed in writing by returning the quote signed and stamped and bearing the handwritten note “good for agreement”. However, validation of the order online on our website www.flyingeye.fr will constitute order confirmation. When you pay for an order on the website by credit card, the debit is immediate. FLYING EYE may condition its acceptance on the payment of a deposit, or the entire amount, and the provision of guarantees. The benefit of the order is personal to the buyer and cannot be transferred without the agreement of FLYING EYE. No order can be canceled partially or totally during execution. If this were the case the buyer must pay FLYING EYE equal compensation at 70% of the sale price. Any deposits will not be returned. Changes to orders can only be made with the express agreement of the seller. Changes in quantity may result in a change in the price or delivery time subject to acceptance by the customer. You must check the completeness and conformity of the information you provide to us when ordering, in particular concerning the delivery address. We cannot be held responsible for possible data entry errors and the resulting consequences (for example delays or delivery errors). In this context, the costs incurred for reshipping the order would be your responsibility. In order to ensure the security of transactions and to respond to the concern of the greatest number of people to prevent fraud in distance selling, we carry out checks on the placing of orders. As part of an inspection, we invite you by email to send proof of address and identity (the aim being to ensure the reality of identity and domiciliation (for example an electricity receipt , a landline telephone bill for the order to be completed). Sending a scan of the partially hidden recto-verso of your bank card can also be requested. Do not, however, communicate the security cryptogram. The delivery time does not start from run only from the date of dispatch of the order, which cannot be prior to validation of the supporting documents. In the absence of supporting documents or if the documents sent do not make it possible to ascertain the identity of the author of the order, the reality of the domiciliation, or the apparent conditions of solvency, we would be obliged to cancel the order or ask you for cash payment to guarantee the security of online transactions and the perfect collection of the items ordered. 3 – 2 All descriptions of the products contained on the Flying Eye Website or otherwise communicated in a non-individualized manner to any purchaser of these products (the “Customer”) are approximate only and do not form part of the contract between Flying Eye and the Customer. Flying Eye is not liable to Customer for any errors or omissions on the Flying Eye Website, Flying Eye catalog or other general product advertising. Advertising of products on the Flying Eye Website does not constitute an offer capable of being accepted; it simply constitutes an invitation by Flying Eye to the Customer to make an offer to purchase products. Acceptance by Flying Eye of the Customer’s order occurs when Flying Eye confirms the prices and delivery dates to the Customer in writing, and a contract is then concluded between Flying Eye and the Customer. 4 – Equipment rental and loan 4 – 1 Rental or loan conditions. The minimum age is 18 years to have access to the rental/loan service of the FLYING EYE company. The offer is reserved for professionals. The professional must be a remote pilot and have certificates of practical drone training and hold a theoretical skills certificate. For companies, they must prove that they have a professional remote pilot staff member who has these same certificates in order to be able to pilot the rented or loaned equipment. Any of the following documents may be required and must be available, namely: • The SIRET/SIREN number of the company. • Identity card and drone examination certificate from the company’s remote pilot • Valid compulsory civil liability insurance certificate that the company has taken out with its insurer for the use of drones • Certificate of company liability insurance 4 – 2 Implementation of the service. has. The request is made only via our website www.flyingeye.fr, by telephone, by email or by using the contact form. A response is made within 48 working hours depending on park availability. Valid only for Metropolitan France (including Corsica).b. The quote is sent to the customer, it is their payment which validates the service. An e-deposit will be requested at the same time via our partner Ogone. You will receive a link by email to enter your Visa or Mastercard credit card details. Unblocking will take place after the inventory of fixtures when the drone returns to the FLYING EYE premises. The amount of the bank imprint corresponds to 90% of the public sale price of the rented or loaned equipment.c. The material will be shipped via UPS, DHL or Chronopost B2B. Shipping and return costs are not included in the service. If the equipment is not returned on the scheduled date, the e-deposit will be collected by the FLYING EYE company and an invoice for the same amount will be issued for compensation. d. Inventory: The equipment will be subject to an inventory when sent to the customer and we will carry out this same inventory upon return of the loan. In the event that the customer notices an anomaly on the equipment upon receipt, he must notify the FLYING EYE company by email at info@flyingeye.fr within 24 hours of receipt. In the event of an established claim, the e-deposit may serve as a guarantee, depending on the partial or total damage up to the amount of the repairs or replacement of the device.f. The professional customer undertakes not to make any temporary or permanent technical modifications to the equipment and to use it in accordance with the rules of the art. Any breakdown linked to normal wear and tear of the equipment or a technical problem cannot engage the responsibility of the company FLYING EYE, which will carry out the repair or replacement as quickly as possible. 4 – 3 Availability The company FLYING EYE cannot be held responsible for any delays in availability or delivery, due to any reason beyond its control, in particular bad weather, changes in regulations, delays in transport or returns of goods. previous rentals, force majeure, strike, nor their direct or indirect consequences with regard to the tenant or third parties and is not liable for any compensation in this respect. In the event of a “reservation”, the date of availability, given for information only and subject to availability of the equipment, does not bind the company FLYING EYE. 4 – 4 Cancellation of rental Any cancellation of reservation within less than 24 hours of the date and time of departure of the equipment, results in an invoicing of 50% of the rental amount. Non-use of the rented equipment cannot give rise to to a rental reimbursement. 4 – 5 Duration of the rental or loan The rental/loan day lasts 24 hours continuously from the day and time the equipment is made available to the tenant, until its reinstatement. Any delay or overrun will result in additional billing. When the equipment is handed over, the burden of risk is transferred to the professional customer who assumes physical and legal custody under his sole responsibility. The rental/loan and related legal custody end on the day all of the equipment is returned by the professional customer or taken back by the FLYING EYE company. 4 – 6 Restitution The professional customer remains bound by all obligations arising from the contract until effective recovery by the company FLYING EYE. The professional customer is required to return the equipment in good condition and in compliance, with all accessories and equipment cleaned. Failing this, the restoration and cleaning services will be invoiced. Upon return, the FLYING EYE company reserves a period of 48 hours after return to notify any damage to the equipment not reported by the professional customer upon return. In the event of theft or loss, the contract and rental/loan invoicing only end upon receipt by the company FLYING EYE of the professional customer’s declaration to the competent authorities. 4 – 7 Responsibilities/Insurance a. The customer cannot use the rented/lent equipment for any purpose other than that for which it was intended. Use remains strictly professional (exclusion of all private use) and in compliance with legislation. b. The professional client is held responsible for criminal offenses and must pay them.c. The professional customer in his MAP via “my AlphaTango ” must add the serial number of the rented/loaned drone, if applicable. d. The professional customer undertakes for the drone, if applicable, entrusted to him, to cover in particular damage caused to third parties. The customer is responsible for damage caused by the equipment during the term of the loan. The customer must add the serial number of the rented/loaned drone to his insurer on his civil liability. The professional customer is responsible for the use of the equipment and any damage suffered by the equipment. He assumes responsibility for the financial consequences of losses occurring during the loan.f. In the event of total loss or theft, the reference value corresponding to the public sale price less 10% will be retained as the amount to be paid by the customer to replace the missing drone. The professional customer can cover this liability by taking out machine breakdown insurance himself.g. In the event of an incident of any nature whatsoever, the customer undertakes to inform the FLYING EYE company as soon as it becomes aware of the incident and within a maximum period of 4 days.h. The professional customer remains bound by all obligations arising from the contract until effective recovery by the company FLYING EYE. The equipment is considered returned after receipt, validation and signature of the inventory carried out and sent by email by the customer (photos included) to info@flyingeye.fr 5 – Modification of the order – Cancellation or postponement 5 – 1 Purchase or rental of equipment Any return of equipment is subject to prior written agreement by the Flying Eye company. If accepted, you will be reimbursed upon receipt of the returned product(s) in perfect condition and complete in their original packaging. Restocking fees may apply. 5 – 2 RETURN EXCLUSIONS Cannot be subject to a right of withdrawal: – Sealed goods which have been unsealed by the consumer after delivery, personalized products at the customer’s request (example: PC with personalized assembly), and products which cannot be returned for reasons of hygiene or protection of the health (example: headphones). 6 – Price The products are supplied at the price in effect at the time of confirmation of the order, expressed in euros and taking into account the VAT applicable on the day of the order. Written offers from FLYING EYE are valid for 30 days unless otherwise stated. Prices are subject to change without notice. 7 – Payment conditions All invoices are payable at the head office of the company FLYING EYE in Biot. Unless otherwise agreed, payment is due upon ordering the equipment or the provision of services. In the event of late payment, FLYING EYE may suspend all orders in progress, without prejudice to any other course of action. Any sum not paid by the due date appearing on the invoice will automatically result in the application of penalties from the day following the payment date shown on the said invoice. late payment at the rate of 11%. These late payment penalties will be automatically and automatically acquired by FLYING EYE without formalities or prior notice. Furthermore, from January 1, 2013, a fixed compensation of €40 for recovery costs will systematically be added to the late payment penalties due to the creditor. If the recovery costs actually incurred are greater than this fixed amount, additional compensation upon justification may be requested from the debtor. The sale will be automatically terminated forty-eight hours after a formal notice to pay remains unsuccessful. The resolution will be no only the order in question but also all orders in progress which will become immediately due. Likewise when payment is in installments, non-payment of a single installment will result in the entire debt becoming immediately due without notice. Any deposit paid by the buyer will remain with FLYING EYE as lump sum compensation without prejudice to any other course of action. FLYING EYE reserves the right at any time, depending on the risks involved, to set an overdraft ceiling and to require certain guarantees. 8 – Retention of title clause Pursuant to law 80-335 of May 12, 1980, FLYING EYE retains ownership of the goods sold until actual payment of the entire price. Failure to pay may result in the goods being returned at the buyer’s own risk. These provisions do not prevent the transfer to the buyer of the risks of loss and deterioration of the goods sold upon delivery. The buyer will bear all legal and judicial costs resulting from litigation. 9 – Deliveries 9 – 1 Terms Delivery is made in accordance with the order. In the event of availability from FLYING EYE, the buyer undertakes to take delivery within 30 days. After this period FLYING EYE may consider that the sale is canceled as of right without the need for prior notice: this resolution will result in its benefit being a lump sum compensation of 70% of the amount of the order without prejudice to a request for repair of greater harm. 9 – 2 Deadlines Delivery times are given for information purposes only and depend on supply possibilities. FLYING EYE is authorized to make full or partial deliveries. In the event of staggered deliveries, failure to meet a date of delivery will in no way affect the right of FLYING EYE to make subsequent deliveries as agreed with the buyer. Exceeding delivery times cannot give rise to damages or cancellation of orders in progress. However, if 2 months after the indicative delivery date the product has not been delivered, for any reason other than a case of force majeure , the sale may then be resolved at the request of one or the other party; the buyer may obtain a refund of his deposit to the exclusion of any other compensation or damages. The following are considered cases of force majeure relieving the seller of his obligation to deliver: war, riot, fire, strikes , accidents, natural disasters, the impossibility for itself to be supplied. FLYING EYE will keep the buyer informed, in a timely manner, of the cases and events listed above. In any case, on-time delivery can only occur if the buyer is up to date with his obligations towards the seller whatever be the cause. 9 – 3 Receipt The buyer must check the apparent condition of the products upon delivery, the quantity, weight and dimensions of the goods delivered. Without prejudice to the arrangements to be made with the carrier, complaints on the Apparent defects or non-conformity of the product delivered to the product ordered or to the shipping slip, must be made in writing within eight days of receipt of the products. It will be up to the buyer to provide any justification as to the reality of the defects or anomalies noted. The buyer must allow FLYING EYE every facility to proceed to the observation of these defects and to remedy them. He will refrain from intervening himself or involving a third party for this purpose. No complaint can be validly accepted in the event of non-compliance with these formalities. 9 – 4 Return of goods FLYING EYE does not accept any return of goods without having previously authorized it. Any return of goods not accepted will be made available to the buyer and will not give rise to the establishment of a credit note. The costs and risks of the return are always the responsibility of the purchaser. Goods which have been the subject of a return agreement are returned within 8 days of this agreement and must be in the condition in which they were purchased. been delivered.FLYING EYE will replace as soon as possible and at its expense, the delivered products whose apparent defect or lack of conformity has been duly noted under the conditions above.No compensation may be claimed from FLYING EYE due to of the accepted return of the goods. 10 – Transfer of Risks All goods are sold ex-works and therefore travel at the buyer’s risk, even if the means of transport depends on FLYING EYE and whatever the mode of transport (free shipping or freight collect) and whatever the place of delivery. In the event of damage or shortcomings it is up to the buyer to make all necessary findings and to confirm his reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three days following receipt of the goods. 11 – Guarantee FLYING EYE guarantees the purchaser against any hidden defect, resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use. Any guarantee is excluded in the event of misuse, negligence or lack of maintenance on the part of the purchaser, such as in the event of normal wear and tear of the property or force majeure. In order to assert his rights, the purchaser must inform FLYING EYE in writing within a maximum period of one year from the discovery of the hidden defect. After having given its agreement to the benefit of the guarantee FLYING EYE will replace the products deemed defective. 12 – Responsibility FLYING EYE disclaims any liability for damage or injury directly or indirectly related to the use of a system that modifies the integrity of the drone. For example: installing a circuit breaker inside the drone. FLYING EYE assumes no liability for damage to third-party payloads and surrounding objects resulting from the crash of a drone. Responsibility is transferred to the operator who must take the necessary measures to insure his equipment. 13 – Data confidentiality Our data privacy policy can be consulted at: https://www.flyingeye.fr/politique-de-confidentialite 14 – Disputes In the event of a dispute, the Antibes commercial court has sole jurisdiction.
