Terms and conditions of sale

TERMS AND CONDITIONS OF SALE

ARTICLE 1 – SCOPE OF APPLICATION

The present general terms and conditions of sale apply, without restriction or reserve, to all sales concluded by VISION NVG, hereinafter referred to as “The Vendor” with non-professional buyers, hereinafter referred to as “The Customers” or “The Customer”, wishing to acquire the Products offered for sale by the Vendor, hereinafter referred to as “The Products” on the website www.vision-nvg.fr, hereinafter referred to as “The Vendor’s Website”, by direct contact or via a paper medium.
In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Vendor’s Internet Site.

The customer must read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Vendor’s website are not contractual and do not engage the Vendor’s responsibility.

All elements making up the Vendor’s website (notably texts, images, software, etc.) are protected by French and international laws relating to intellectual property.
The Customer is therefore prohibited from copying, reproducing and distributing all or part of the Vendor’s website, in any form whatsoever, without the express authorization of Vision NVG.

The Customer must refer to the description of each Product in order to know its properties and essential particularities.

Product offers are subject to availability, as specified when the order is placed.

The Seller’s contact details are as follows:

VISION NVG

14b rue de l’église 76460 NÉVILLE.
FRANCE

Vision NVG is part of SAS DRONE FRANCAIS, registered in the ROUEN trade and companies register under number 930 702 246.

These terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

These general terms and conditions of sale are accessible at all times on the Seller’s website and shall prevail, where applicable, over any other version or any other contradictory document.

The Customer declares that he/she has read these terms and conditions of sale and has accepted them by checking the appropriate box before placing an order on the Vendor’s website.

These general terms and conditions of sale may be subject to subsequent modifications. The version applicable to the Customer’s purchase is the one in force on the Vendor’s website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and oppose all personal data at any time by writing, by post and with proof of identity, to Vision NVG, 14b rue de l’église 76460 NÉVILLE.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.
Customs duties or other local taxes, import duties or state taxes may be payable.
They are the sole responsibility of the customer.
Modifications to these general terms and conditions of sale are binding on users of the Vendor’s website from the date they are put online, and cannot be applied to transactions concluded previously.

Validation of the order by the Customer implies unreserved acceptance of the present terms and conditions of sale.

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the Vendor’s Website.

It is the Customer’s responsibility to select the Products he/she wishes to order on the Vendor’s Website, in accordance with the following procedures.

ARTICLE 2 – ORDERS

2.1 CREATING A CUSTOMER ACCOUNT

The creation of a customer account is compulsory in order to make a purchase on the Vendor’s website.

This can be done from a dedicated page, or directly when placing an order.

2.2 PLACING AN ORDER

All stages of the sale are clearly identified on the Seller’s website.

In application of these provisions, the Customer has the opportunity to check the details of his order and its total price and to correct any errors before finally validating his order.

The order is definitively recorded only after the Customer has validated his payment agreement and accepted the transaction.

A printable version of the customer’s order summary is available.

As soon as the order is registered, the Customer receives a confirmation e-mail containing the essential elements of the order, in particular the order number, the list of Products ordered and the detailed price.

All data provided by the Customer during the ordering process and the recorded confirmation of this order are considered proof of the transaction.

Product offers are valid as long as they are visible on the Vendor’s website, while stocks last.

The sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, and once the Vendor has received payment in full.

The Vendor reserves the right to refuse or cancel any order from a Customer with whom there is a dispute over payment of a previous order until such dispute is resolved.

It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the Vendor’s website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.

The Vendor reserves the right to refuse orders for the same Product in excessively large quantities.
In this case, the Vendor will inform the Customer in writing or by e-mail.

Any modifications to the order by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that they are notified in writing by registered letter with acknowledgement of receipt (LRAR) or by e-mail with acknowledgement of receipt to the Vendor no later than 24 hours after the order has been placed.

In the event that these modifications cannot be accepted by the Vendor, the sums paid by the Customer will be refunded within a maximum period of 14 days from notification of the impossibility of accepting the modifications requested by the Customer, unless the Customer prefers to benefit from a credit note.

In the event of cancellation of an order for which a deposit has been paid by the Customer after its acceptance by the Vendor and at least 7 days before the date scheduled for delivery of the Products ordered, for any reason whatsoever other than the exercise of the right of retraction or force majeure, the deposit paid at the time of ordering, as defined in the article “Terms of payment” of these general conditions of sale, will be automatically acquired by the Vendor and may not give rise to any reimbursement whatsoever.

In the event of cancellation of an order for which no down payment has been received by the Customer after acceptance by the Vendor and at least 7 days before the date scheduled for delivery of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 30% of the total amount of the purchase will be retained by the Vendor and invoiced to the Customer, by way of damages, in compensation for the loss thus suffered.

ARTICLE 3 – PRICES

The Products are subject to the prices in force on the Vendor’s website at the time the order is registered by the Vendor.
Prices are expressed in euros and include VAT.
Prices take into account any discounts granted by the Vendor on the Vendor’s website.

These prices are firm and non-revisable during their period of validity, as indicated on the Vendor’s Internet Site, the Vendor reserving the right, outside this period of validity, to modify prices at any time.
If no validity period is indicated, the price corresponds to the price indicated on the Vendor’s website at the time the order is placed.

The prices indicated on the Vendor’s website do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Vendor’s website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

Specific customer orders may be considered.
In such cases, an estimate will be drawn up and accepted by the customer.
Quotations issued by the Vendor are valid for 30 days from the date of issue.
An order based on a quotation is considered accepted only after payment of a deposit of 30% of the order amount.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.
The invoice shows the price excluding VAT, the VAT value and the price including VAT.

ARTICLE 4 – TERMS OF PAYMENT

Unless there is a specific agreement between the Vendor and the Customer, the price is payable in full on the day the order is placed by the Customer, by credit card, bank transfer or secure payment, in accordance with the following terms and conditions:

1. CREDIT CARD
   

Payment by card is made online.

The following credit cards are accepted: Carte Bleue, Visa and Mastercard.

Online payment by credit card is made through the PayPlug company.

PayPlug uses the SSL (Secure Socket Layer) protocol to encrypt all information transmitted.

When finalizing the order, the Customer is asked to enter his/her credit card number, the expiry date and the last 3 digits of the visual cryptogram on the back of the card.

The Vendor does not collect or store the Customer’s credit card details.

ARTICLE 5 – DELIVERIES

Delivery times are given as an indication on the Seller’s website.

If this deadline cannot be met by the Vendor, the Vendor will inform the Customer by electronic means (email) and/or by SMS in order to obtain the Customer’s consent to an alternative delivery date.

In the absence of consent, the sale will be cancelled and all sums paid will be refunded to the Customer within 14 days.

In the event that the Seller is unable to deliver the order, the Seller reserves the right to cancel the order without any recourse on the part of the Customer.

The Vendor will then inform the Customer by e-mail and/or SMS and all sums paid will be reimbursed to the Customer within 14 days.

Products ordered by the Customer will be delivered in mainland France, in countries of the European Community and outside the European Community within a timeframe that may vary according to the address and country of destination.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the timescales corresponding to the indicative shipping times indicated on the Vendor’s website, to which must be added the processing and delivery times.
However, these times are given for information only and may vary according to the availability of the Products.
If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 138-2 and L 138-3 of the French Consumer Code.

Before cancelling the contract, the Customer must request the Vendor to perform within a reasonable additional period (art. L 138-2, para. 1).
If the Vendor fails to perform within this further period, the Customer is free to cancel the contract.
The consumer must complete these successive formalities by registered letter with acknowledgement of receipt (LRAR).

The sums paid by the Customer will then be reimbursed no later than 14 days after the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of late reimbursement, surcharges may be applied at the Customer’s request if reimbursement is made no later than ten days after expiry of the deadlines set out in the first and second paragraphs of article L. 221-24, of 5% if the delay is between ten and twenty days, of 10% if the delay is between twenty and thirty days, of 20% if the delay is between thirty and sixty days, of 50% between sixty and ninety days and of five additional points per new month of delay up to the price of the Product, then of the legal interest rate.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

If the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over to the carrier by the Vendor, who has accepted them without reservation.
The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

The customer must check the condition of the Products delivered.
He/she has 3 days from delivery to express any reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged package already opened, etc.), in writing by registered letter with acknowledgement of receipt (LRAR), with all supporting documents (in particular photos).
Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free of any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have an apparent or hidden defect, in accordance with the conditions set out in Articles L 211-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale (see warranties, in particular).

ARTICLE 6 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK

The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, or when the Products are delivered by the carrier to the Customer’s mailbox or any other place of deposit provided for in the Order, the carrier’s tracking being proof of delivery of the Products.
The Products therefore travel at the Seller’s risk.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of 14 days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Vendor of the Customer’s decision to withdraw.

Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of withdrawal may be exercised online, using the withdrawal form available on the Vendor’s website, or any other unambiguous statement expressing the wish to withdraw.
In all cases, an acknowledgement of receipt will be sent to the Customer by e-mail by the Vendor.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased, including the initial delivery costs, will be reimbursed.
Return shipping costs remain the responsibility of the Customer.

The exchange, subject to availability, or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

In the event of an exchange request by the Customer and after acceptance by the Vendor, reimbursement will be made via a credit note which will be deducted from the price of the new Product.
The procedures for ordering and shipping the replacement Product will be the same as for an initial order, particularly with regard to payment of the price and coverage of shipping costs, which will remain the responsibility of the Customer.

The right of withdrawal does not apply to Products made especially for the Customer.

ARTICLE 8 – SELLER’S LIABILITY – WARRANTY

The Products sold on the Vendor’s Website comply with the regulations in force in France and have performances compatible with normal use of the said Products.

Products supplied by the Vendor benefit from the right of withdrawal by operation of law and without additional payment, in accordance with the legal provisions :

The legal guarantee of conformity, for apparently defective, spoiled or damaged Products or Products that do not correspond to the order;

The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use;

Under the terms and conditions defined in the appendix to these general terms and conditions of sale (guarantee of conformity/guarantee against hidden defects).

In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum of 3 days from delivery of the Products or the existence of hidden defects within a maximum of 3 days from their discovery.

The Vendor will reimburse, replace or repair Products or parts under warranty that are deemed to be non-conforming or defective upon receipt of said Products.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed on presentation of proof and on the basis of the rate used by the Vendor for the initial shipment.
Any other means of delivery, should it be more costly, must be validated in advance by the Vendor, who reserves the right to limit reimbursement to the value of the delivery costs used for the initial shipment.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the non-conformity or hidden defect.

The refund will be made by crediting the bank account.

The Vendor cannot be held liable in the following cases:

Non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer’s responsibility to check.

In the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 – INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

In application of law 78-17 of January 6, 1978, we remind you that the personal data requested from the customer is necessary for processing the order and, in particular, for issuing invoices.

This data may be communicated to any of the Vendor’s partners responsible for executing, processing, managing and paying for orders.

The processing of information communicated via the Vendor’s website has been declared to the CNIL.

In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.

This right may be exercised under the terms and conditions defined on the Vendor’s website.

ARTICLE 10 – INTELLECTUAL PROPERTY

The content of the Seller’s Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

In addition, the Vendor retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to providing services to the Customer.

The Customer therefore refrains from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the Vendor’s express prior written authorization, which may be subject to a financial consideration.

ARTICLE 11 – APPLICABLE LAW – LANGUAGE

These general terms and conditions of sale and the operations arising from them are governed by and subject to French law.
The present terms and conditions of sale are written in French.

Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 – DISPUTES

Any and all disputes arising out of or in connection with the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 534-7) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 13 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information and details referred to in articles L 111-1 to L 111-7, and in particular :

The essential characteristics of the Product, taking into account the communication medium used and the Product concerned;

The price of the Products and related costs (e.g. delivery);

In the absence of immediate execution of the contract, the date or time by which the Seller undertakes to deliver the Product ;

Information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;

Information on legal and contractual warranties and how to make use of them;

The functionalities of digital content and, where applicable, its interoperability;

The possibility of resorting to conventional mediation in the event of a dispute ;

Information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions.

The fact that an individual or legal entity places an order on the Vendor’s website implies full acceptance of these terms and conditions of sale, which is expressly acknowledged by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Vendor.

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