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The online store of the website FLASH RC was set up by the company FLASH RC, which is the operator of this website. Any order taking under a product appearing in the online store of the website www.flashrc.com supposes the preliminary consultation of the present general conditions.
Corporate name: FLASH RC
Legal status and capital: SAS with a capital of 6000€.
Address of the head office : FLASH RC, 33 rue Pierre Semard - 38600 Fontaine - France
Siret number : 48927631100037
Intra-Community VAT number : FR16489276311
Phone number : 09.75.18.51.36
Website address : www.flashrc.com
Email address : [email protected]
Opening hours : Monday to Friday 10h00-12h30 / 14h00-17h00 (attention the store closes at 17h)
Bank certifying the transaction : Banque Postale
Accordingly, the consumer acknowledges being fully informed of the fact that his agreement on the content of these terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the store of the website. The consumer has the option to save or edit these terms and conditions, being specified that both the saving and editing of this document are his sole responsibility. The consumer, before his order, declares that the acquisition of these products is without direct relationship with his professional activity, their acquisition being reserved for a personal use of its share. As a consumer, the customer thus has specific rights, which would be called into question in the hypothesis where the products or services acquired within the framework of the Web site would have in reality a relationship with its professional activity. The online store set up by the company FLASH RC within the framework of the website mentions the following information:
1. legal notice allowing a precise identification of the company FLASH RC
2. presentation of the essential characteristics of the proposed goods
3. indication, in Euros of the price of the goods, as well as, if necessary, the expenses of delivery
4. indication of the terms of payment, delivery, or execution
5. the existence of a right of retraction
6. the period of validity of the offer or the price
7. the conditions of cancellation of the contract when this one is of indefinite duration or of a duration higher than one year
8. The whole of this information is presented in French language. The consumer declares to have the full legal capacity allowing him to engage under these general conditions
Article 1: Entirety The present general conditions express the entirety of the obligations of the parts.
In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2 : Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company FLASH RC to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the order form. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force - duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company FLASH RC, which is 3 months.
Article 5: Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of the delivery or at the address indicated by the consumer in the order form.
Article 6 : Proof of the transaction
The computerized registers, kept in the computer systems of the company FLASH RC in reasonable conditions of safety, will be considered as the proof of the communications, the orders and the payments occurred between the parties. The archiving of the purchase orders and the invoices is made on a reliable and durable support which can be produced as proof.
Article 7: Information on the products
7-a: The company FLASH RC presents on its website the products to be sold with the necessary characteristics which allow to respect the Article L 111-1 of the Code of the consumption, which foresees the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to buy.
7-b: The offers presented by the company FLASH RC are valid only within the limits of available stocks.
Article 8: Prices
The prices are indicated in euros and are valid only at the date of the sending of the order form by the consumer. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the V.A.T. applicable on the day of the order and any change in the applicable V.A.T. rate will automatically be reflected in the price of the products in the online store. The payment of the totality of the price must be carried out at the time of the order. At no time, the paid sums could be regarded as deposits or installments.
Article 9: Mode of payment
To pay his order, the consumer has, at his choice, all the payment methods mentioned in the order form. The consumer guarantees the company FLASH RC that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The company FLASH RC reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by bank card on behalf of the officially accredited organizations or in case of nonpayment. The company FLASH RC reserves the right to refuse to carry out a delivery or to honor an order emanating from a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration. The company FLASH RC has set up a procedure of verification of the orders intended to ensure that no person uses the banking coordinates of another person without his knowledge. Within the framework of this checking, it will be asked to the customer to send by fax to the company FLASH RC a copy of an identity paper as well as a proof of residence. The order will be validated only after reception and checking by our services of the sent parts.
The means of payment CB, Transfers do not give place to an overcost.
Only the payment in 3X gives place to expenses which are clearly indicated before validation and acceptance by the customer.
The Paypal payment method gives rise to a surcharge of 1.4% of the total amount of the invoice + 0.25 euros fixed fee.
Cash on delivery will result in an additional charge of 10€.
Payments by check are no longer authorized.
Article 10 : Availability of products
The order will be executed at the latest within 3 days from the day following the day when the consumer has placed his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of cancelling his order. The consumer will then have the choice to ask either for the refund of the sums paid in the 30 days at the latest of their payment, or the exchange of the product.
Article 11 : Delivery terms
The products are delivered to the address indicated by the consumer on the order form.
FLASH RC delivers to all destinations covered by the postal service or by express carriers.
Regarding shipping, we work primarily with SoColissimo, DPD, Schenker Chronopost and TNT. As soon as we proceed with a shipment, you will receive an information e-mail.
The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
nb: It is to be noted that in case of overtaking of the times indicated in the heading "Information postal charges", it will not be able to be required by the customer any financial compensation.
THE POST OFFICE
To reduce as much as possible the transport costs, all the products of weak or average obstruction are dispatched with the choice of the consumer by the services of the post office Colissimo Suivi or Lettre Suivie.
Colissimo delivers in 48H (time generally noted) in all France and offers you the possibility of making deliver your orders in post office or relay parcel near the address of delivery. If you are absent on the day of delivery, your letter carrier will leave a notice in your mailbox, which will allow you to withdraw your package from your post office during opening hours, within 10 working days.
Colissimo is a very reliable service. However, it is possible, as with any shipment, that there may be a delay in delivery or that the product may go astray. In case of delay in delivery compared to the date we have indicated in the shipping email, we ask you to report this delay by contacting us by phone or email. We will then contact the Post Office to open an investigation.
This one can last up to 21 days from the date of the beginning of the investigation. If during this period, the package is found, it will be immediately re-routed to your home (the majority of cases). If on the other hand the product is not found at the end of the 21 days of investigation, the Post office considers the parcel as lost.
If the product(s) ordered were no longer available for reshipment on our part, we will reimburse you the amount of the products concerned by the loss of the carrier.
We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products or of strike or other case of absolute necessity.
It is also possible for the purchaser to denounce the sale, according to the article L-216-2 of the code of the consumption: In case of failure of the professional to his obligation of delivery of the good or supply of the service to the date or to the expiration of the delay foreseen in the first paragraph of the article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may cancel the contract, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined the trader to make the delivery or provide the service within a reasonable additional period, the latter has not performed within this period.
Article 12: Delivery problems due to the carrier
The consumer is invited to check the condition of the package upon delivery and to report any missing products or damage due to the carrier (obvious folds, carrier's tape ...) on the delivery note by affixing reserves; we must be notified as soon as possible. The carriers require these written reserves, without which they will refuse that we open a complaint.
In case of delivery by DPD and in case of damage, you must send us a complaint within 2 working days by bringing us the proof that the damage or the loss took place during the transport.
It is also possible to refuse the package, if it is in bad condition.
Article 13: Delivery anomaly
# 13-a: The consumer will have to formulate with the company FLASH RC as soon as possible after the delivery, any complaint of error of delivery compared to the indications appearing on the purchase order.
# 13-b: The formulation of this claim to the company FLASH RC can be made :
-by phone at 09.75.18.51.36 from Monday to Friday from 10:00 to 12:30 and from 14:00 to 17:00.
-by mail to the address [email protected]
# 13-c: Upon receipt of the claim, the company FLASH RC will assign an exchange number for the product(s) concerned and will communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can take place only after the attribution to the consumer of a number of exchange according to the step presented above.
# 13-d: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the company FLASH RC as a whole and in its original packaging, in Colissimo Recommended, at the following address
FLASH RC
33 rue Pierre Semard
38600 Fontaine
France
To be accepted, any return must be reported in advance to the Customer Service of the company FLASH RC.
# 13-f: In case of non-delivery within 15 calendar days from the date of order, the consumer must inform FLASH RC in writing (mail or email). Without notification from the consumer in this time interval, no claim can be taken into account.
The shipping costs are borne by the company FLASH RC, except in the case where it would turn out that the product does not correspond to the original statement made by the consumer in the return form.
Article 14: Guarantee of the products
In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing. The consumer is expressly informed that the company FLASH RC is not the producer of the products presented within the framework of the Web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in case of damage caused to a person or property by a defect in the product, only the responsibility of the producer of it can be sought by the consumer, based on the information on the packaging of the product. The conditions and duration of the producer's guarantee are indicated on the product sheets. Given the frequency of renewal of components of technical products, FLASH RC may, upon request, inform the consumer of the availability of spare parts for the products offered and how to obtain them.
The consequences related to a defective product are not taken in guarantee, only the product is guaranteed.
The defective material under guarantee must be sent directly to the after-sales service of the brand concerned, accompanied by a copy of your purchase invoice or guarantee voucher and a description of the breakdown as detailed as possible. You are responsible for the shipping costs.
Any after-sales service intervention will be charged if the faulty operation comes from abnormal wear of the good, negligence, error of adjustment or use or lack of maintenance by the owner.
The return of the products to FLASH RC is at the expense of the customer. The reshipment of the product under warranty (after SAV) is supported by the company FLASH RC only for metropolitan France.
Any shipment outside metropolitan France will be charged to the customer.
The terms of exercise of the legal guarantee are provided in Articles L. 217-4 to L. 217-12 of the Consumer Code (legal guarantee of compliance):
Article L.217-4: The seller delivers a good that conforms to the contract and is responsible for defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been assumed by the contract or has been carried out under his responsibility.
Article L.217-5: The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of similar goods and, where appropriate :
-If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
-if it presents the qualities that a buyer can legitimately expect or with regard to the public declarations made by the salesman, by the producer or by his representative, in particular in the publicity or the labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.217-7: Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L.217-9: In case of lack of conformity, the buyer chooses between repairing or replacing the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L.217-11: The application of the provisions of articles L.217-9 and L.217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L.217-12: The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.
Note concerning batteries (NiCd, NiMh, Lithium, and any other type of chemistry):
The batteries being elements of wear, their guarantee is limited to 3 months (except contrary mention of certain suppliers, consult us) in normal conditions of use according to the prescriptions of the manufacturer.
It is necessary to use a LiPo charger with balancer (for LiPo > 1S), not to exceed 4.20V per cell, not to discharge more than 3.0V/cell, to store them at 50 - 60% of their charge and at 10 to 20°C.
Batteries with traces of shocks, replaced original plugs, several swollen cells, or whose date of acquisition is more than 3 months old cannot be taken in guarantee.
Article 15: Right of withdrawal
The consumer has a period of 14 calendar days upon receipt of his package to return, at his expense, the products that do not suit him. This period runs from the day of receipt of the order of the consumer. If this period expires on a Saturday, a Sunday or a holiday or day off, it is extended until the next business day.
Any return must be reported in advance to the Customer Service of the company FLASH RC by returning by email, mail or fax the following form completely filled:
Form of right of withdrawal
The product must be returned by the shipping method of the customer's choice, the return costs remain at his expense.
Specific cases :
-Products such as disks, CDs, DVDs, must not have been unsealed, so that the consumer can enjoy the right of withdrawal.
The portable products by the person, such as glasses immersion, headset bluetooth, ... can not be taken back or exchanged. It is the same for products whose cleanliness of the surface can be altered by a test or use (touch tablets, ...).
The services or products made especially for the consumer (software settings, drone certification, ...) are not subject to the right of withdrawal and can not give rise to a refund.
The products in pre-order (indicated in stock at the supplier), ordered especially for the consumer, cannot give place to a cancellation or to a resumption for refunding.
Only new products returned as a whole and in perfect condition for resale with their original packaging will be taken back. Any product that has been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the cost of return. In the hypothesis of the exercise of the right of retractation, the consumer has the choice to ask either for the refunding of the paid sums, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, the company FLASH RC will make every effort to reimburse the consumer within 14 days of receipt of the product in return.
The consumer will be refunded by crediting his bank account or Paypal (secure transaction) in case of payment by credit card or Paypal, or by credit note in the opposite case.
Article 16 : Rights of use
The right to use the software of the company FLASH RC, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when it is necessary to preserve the use of the software. In any event, the author of the software retains a property right on his work, that the consumer undertakes to respect.
Article 17 : Force majeure
Neither of the two parts will have failed in its contractual obligations, insofar as their execution will be delayed, obstructed or prevented by a fortuitous occurence or a force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 18 : Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 19: Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 20: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21 : Applicable law
The present general conditions are subject to French law. It is so for the rules of funds as for the rules of form. In case of dispute or claim, the consumer will address in priority to the company FLASH RC to obtain a friendly solution. In a second time and in case of appeal, the consumer can file a complaint with, via its dedicated dialog box.
Article 22: Data processing and Freedoms
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company FLASH RC involved in the execution of this order. The consumer can write to the company FLASH RC whose coordinates are in the confidentiality charter appearing within the framework of the website, to oppose such a communication, or to exercise his rights of access, of correction with regard to the information concerning him and appearing in the files of the company FLASH RC, under the conditions envisaged by the law of January 6th, 1978.