General Conditions of Sale
Last updated: 06/17/2025
Article 1
Definitions
BASIK AIR CONCEPT: refers to the simplified joint-stock company with a single shareholder and share capital of €8,000, registered with the Draguignan Trade and Companies Register under number B 481 470 060 and whose registered office is located at 20 avenue du Général Castelnau – 83550 VIDAUBAN. BASIK AIR CONCEPT is subject to VAT and identified by VAT number FR70481470060.
Phone number: 0494991236
Email: contact@basik.fr
Customer: means the natural person or legal entity who places an Order on the Site.
The Customer may be a Consumer, a Non-professional or a professional, certain provisions of these General Terms and Conditions being able to be reserved for only one of these categories.
In all cases, the Customer declares that he has the capacity required to place the order, contract and acquire the Products.
Order: means the Customer's commitment to purchase one or more Products on the Site.
Consumer: means any natural person who acts for purposes outside his or her commercial, industrial, craft, liberal or agricultural activity.
Quote: means the contract offer provided by BASIK AIR CONCEPT after the Customer has requested it on the Site. Requesting a Quote is mandatory for the purchase of certain Products, including parachute fabrics and personalized products. The Quote indicates in detail the list of Products that the Customer wishes to purchase from the Company, their unit price and the total amount to be paid excluding and including all taxes.
Supplier: means the manufacturer of a Product.
Non-professional: means any legal entity that does not act for professional purposes.
Parties: means BASIK AIR CONCEPT and the Client.
Products: means all products available for sale on the Site, namely equipment intended primarily for the practice of parachuting.
Site: means the e-commerce site available at the address: www.basik.fr
Article 2
Purpose and scope of these T&Cs
2-1. Purpose and scope of the general conditions
The purpose of these General Terms and Conditions is to set out the terms and conditions under which BASIK AIR CONCEPT provides the Customer with the Products, in return for payment by the Customer of the agreed price and, more generally, to define all the rights and obligations of the Parties in the context of the online sale of the Products. They are applicable to the Order of all Products present on the Site.
These T&Cs are written in French and English; in the event of any contradiction, the French version shall prevail.
2-2. Availability and enforceability of the T&Cs
The General Terms and Conditions are made available to the Customer on the Site when placing an Order or requesting a Quote and can be downloaded from the following address: www.basik.fr. The General Terms and Conditions are binding on the Customer, who acknowledges having read them and having expressly accepted them without reservation by ticking the box provided for this purpose, before validating their order or requesting a quote.
These General Terms and Conditions, together with the potential Quote and the Order confirmation email, constitute the only contractual documents binding on the Parties, and prevail over any other document, including the Customer's potential general purchasing conditions.
2-3. Modification of the T&Cs
The content of the T&Cs may be updated at any time. Any resulting changes are then applicable as soon as they are posted online; it is therefore recommended to check their content regularly.
The General Terms and Conditions applicable to the Customer are those in force on the date of the order.
2-4. Nullity of a stipulation
If any clauses of these T&Cs are or become ineffective in whole or in part, such ineffective provisions shall be struck down (without affecting the validity and enforceability of the remaining clauses) and reinterpreted, supplemented or replaced so as to achieve the objective sought by the ineffective provision.
Article 3
Territory
These General Terms and Conditions apply to all Orders placed by the Customer on the Site, regardless of the territory from which the Customer places the Order. Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
However, special provisions will apply depending on whether the Customer places the Order from France, a territory of the European Union or a territory located outside the European Union. In this regard, the Customer is recommended to consult with particular attention articles 6: PRICE and 8: DELIVERY below but also to check with their local authorities the rules applicable to goods sent from abroad.
BASIK AIR CONCEPT also informs the Customer that if the Products present on the Site comply with current French legislation, it cannot be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered and that it is therefore up to the Customer to verify this.
Article 4
Products
4-1. General characteristics
The Customer can select one or more Products from the different categories listed on the Site.
The Products offered for sale on the Site are the subject of an individual description aimed at informing the Customer of their essential characteristics, with the greatest possible accuracy without however being exhaustive. BASIK AIR CONCEPT carefully and regularly ensures the accuracy of the information presented on the Site, however, it cannot be held liable if the presentations of the Products contain, despite its vigilance, errors or omissions.
For certain Products offered for sale on the Site, the Customer must choose certain variants of the Product (Examples: Sizes, colors, etc.) and can also add optional paid variants.
The photographs, images, drawings or videos presented on the Site to illustrate the Products offered are for informational purposes only and are not contractual.
The Customer is invited to consult the description of each Product to find out about its availability, characteristics and, where applicable, any other information relating to its conditions of use or employment which may be made available there, in particular via a link to the Supplier's website. The Customer is invited to contact the Supplier in the event of specific requests which BASIK AIR CONCEPT cannot respond to.
4-2. Availability of Products
Only the Products listed on the Site on the day it is viewed by the Customer are offered for sale. Offers concerning Products are valid as long as they are visible on the Site, subject to a specific duration indication and within the limit of available stocks.
The Products offered on the Site may display several availability statuses:
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“In stock and shipped within X days”, meaning that the Product is available for purchase and will be shipped within the timeframe indicated;
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“Being restocked”, which means that the Product is being restocked. No delivery time is offered by BASIK AIR CONCEPT but the Customer can place their order. The product will be shipped by BASIK AIR CONCEPT as soon as it is back in stock.
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“On order”, which means that the Product must be ordered from a Supplier after the Customer places an Order. The Customer will be informed by BASIK AIR CONCEPT when the product is available and can be shipped.
In the event of unavailability of the Product(s) ordered, the Customer will be informed as soon as possible and will have the option of choosing one of the following options:
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Maintain your Order until the Product is available again (when the Product is likely to be available again);
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Cancel the part of the Order relating to the unavailable Product(s).
In the event of cancellation of the Order, BASIK AIR CONCEPT undertakes either to send the Customer a credit note for an amount corresponding to the price paid for the unavailable Product usable by the Customer for any Order on the Site for a period of 12 (twelve) months from the issue of the credit note, or to reimburse the sums paid by the Customer for the unavailable Product(s) within 14 days at the latest of their payment.
Apart from the possible reimbursement of the price of the unavailable Product(s) or the provision of a credit note, BASIK AIR CONCEPT will not be liable for any cancellation compensation.
4-3. Specific information relating to certain Products
a) Regarding updates:
For all Products offered for sale containing digital elements, BASIK AIR CONCEPT provides the Customer with all information relating to software updates and any applications necessary for the proper functioning of the Product, transmitted by the Suppliers, on the page of the Site relating to the Product concerned, in the section dedicated to the description of the Product.
Updates means updates or modifications intended to maintain, adapt or evolve the functionalities of the Product, including security updates, whether or not these updates are necessary to maintain the conformity of the product.
When these Products are usable via digital services provided by partners (for example, certain altimeters require the installation of applications available on Google Play or the App Store), these services are subject to a separate contract with the partner in question.
b) Concerning spare parts:
BASIK AIR CONCEPT informs Customers, via the product sheet for each Product concerned, of the availability or unavailability of spare parts essential to its use and, where applicable, the period during which or the date until which these parts are available on the market.
c) Special provisions for customizable Products
BASIK AIR CONCEPT may offer the Customer customizable Products via the Site. The Customer undertakes to provide BASIK AIR CONCEPT with all the information necessary for the customization of the Product.
Article 5
Order
5-1. Account creation
Once the selection of Products is complete, in order to proceed with the purchase, the Customer will be invited to (i) create an account on the Site, in accordance with the terms and conditions specified in the Site's T&Cs, or (ii) if he/she already has an account on the Site, to log in, so that the Order can be completed.
5-2. Placing the Order
Any Order placed by a Customer is their own informed decision, BASIK AIR CONCEPT not being responsible for the Customers' purchasing decisions.
a) Direct order (with addition to basket)
To purchase the Products offered for sale on the Site, the Customer must select them from the Site's online catalog and add them to their virtual shopping cart. Any Order constitutes acceptance of the prices and descriptions of the products available for sale.
The Customer will also be invited to select a delivery method and a payment method from those offered.
The Customer acknowledges that placing an Order on the Site requires payment.
A summary of his Order (Products, quantity, price and conditions) will be presented to the Customer, who will be able to check the details and possibly correct it before confirming it to express his final acceptance, this action sending the Order to BASIK AIR CONCEPT.
Once the order has been validated, BASIK AIR CONCEPT sends the Customer a confirmation email accompanied by a copy of the General Terms and Conditions.
BASIK AIR CONCEPT reserves the right to cancel or refuse any order for legitimate reasons, in particular in the event of suspicion of fraud, abusive request from the Customer, presumption of impossibility for the Customer to contract or even clear intention of the Customer to harm BASIK AIR CONCEPT.
In certain cases, including non-payment, incorrect address, or other problems with the Customer's account, BASIK AIR CONCEPT reserves the right to block the Customer's order until the problem is resolved. If the problem persists, BASIK AIR CONCEPT may cancel the order and issue a possible refund.
All costs incurred by the Customer to access the Site (computer hardware, software, Internet connection, etc.) are their responsibility.
b) Quote
For certain Products offered by the Site, in particular sails and harness bags, the establishment by the Customer of a request for a Quote prior to any Order is mandatory, as these Products cannot be added directly to the Customer's virtual basket. Similarly, for any Order of a significant quantity of Products, made in particular by Non-Professional Customers, the prior request for a Quote is mandatory.
For these particular Products, the Customer must make a Quote request on the Site by selecting the Product(s) they wish to purchase, where applicable the mandatory variants to choose (size, colors, etc.) as well as any additional paid options that may be added to the Product(s). The Customer may also associate various requests for additional information with it.
BASIK AIR CONCEPT then prepares the Quote corresponding to the Customer's requests as soon as possible and submits it to the latter for validation. Once the Quote has been validated by the Customer, BASIK AIR CONCEPT sends him confirmation of the Order by email and the latter proceeds to payment of the Order according to the terms and conditions determined below in Article 7.
5-3. Conclusion of the contract
The sales contract is concluded once BASIK AIR CONCEPT has sent the order confirmation by email.
Article 6
Price
Prices are expressed in Euros and, where applicable, all taxes included (VAT at the standard rate in force on the day of the Order and applicable eco-participation(s) where applicable included), excluding delivery and transport costs, invoiced in addition and indicated before validation of the Order.
The selling price of the Product is that displayed on the product sheet of the Site relating to the Product concerned, in effect at the time of the order. Certain offers may be proposed within a time and/or stock limit. BASIK AIR CONCEPT reserves in any case the right to modify the prices at any time, while guaranteeing the Customer the application of the price in effect at the time of the order, subject to the availability of the product on that date.
The total amount due by the Customer (including the delivery costs detailed in Article 8.1 hereof) is indicated on the Order confirmation page.
However, for any Order placed from a territory outside the European Union, the Customer will be considered the “importer” of the Products. This means in particular that:
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French VAT may not apply to said Order,
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The Customer may have to pay, depending in particular on the price of the order: any tax imposed by the country from which the order is placed, any customs duties as well as service charges invoiced by the carrier.
These additional costs are the sole responsibility of the Customer.
The Customer is recommended to inquire with the relevant local authorities about the terms and conditions for purchasing foreign products.
Article 7
Payment terms
7-1. Terms and conditions common to all Customers
When placing an order, the Customer chooses between:
● Payment of the full price, in cash, by bank card.
Credit card payments on our online store are secure and processed through Shopify Payments, an integrated payment service that guarantees the confidentiality and security of your banking data. We accept Visa, Mastercard, American Express, Cartes Bancaires, as well as accelerated payment methods such as Apple Pay and Shop Pay. By using these payment methods, you agree to the Shopify Payments Terms of Service.
When the Customer chooses immediate payment by credit card, he/she will be asked to provide his/her credit card information via a secure connection. In order to optimize the security of Internet transactions, the Site uses an SSL (Secure Socket Layer) online payment system so that all means are implemented to ensure the confidentiality and security of the data transmitted, as part of an online payment. The BASIK AIR CONCEPT online payment system automatically checks the validity of access rights when paying by credit card and encrypts all exchanges to guarantee confidentiality. To benefit from the secure SSL payment method, the Customer must use browsers compatible with the SSL system.
For payments by credit card, the purchase price will only be debited to the Customer when BASIK AIR CONCEPT sends confirmation of the Order.
In the event of refusal by the bank, the Order will be automatically cancelled and the Customer will be notified of this cancellation.
● Payment in installments with SCALAPAY
Payments made by subscribing to a payment service in several installments, via its partner SCALAPAY IP (SCALAPAY IP, VAT number 06078740484, Via Meravigli 2, Milan, Italy), which allows the CUSTOMER to pay for their purchases of Products in three (3) installments free of charge using their bank card, for amounts between €5 and €2,000, provided that the CUSTOMER meets the conditions set by SCALAPAY IP to benefit from this service.
This payment service in several installments without fees is reserved for natural persons of legal age residing in the EU (Italy, France, Spain, Portugal, Germany, Belgium, Austria, Ireland, the Netherlands, Finland) holding a bank card belonging to the “CB”, VISA, MASTERCARD or prepaid networks, with a validity period of more than three (3) months.
To subscribe to this service, the CUSTOMER must, after finalizing their Order and selecting the delivery method, click on the button "Pay in 3 installments without fees with Scalapay IP" in order to be redirected to the web page of the service provider SCALAPAY IP, where a detailed schedule of the payment plan will be presented to them.
On this page, the CLIENT must enter their personal information, read the pre-contractual information relating to the three (3) installment payment service they wish to subscribe to, and confirm their acceptance of said service as well as the associated general conditions of SCALAPAY IP by checking the corresponding box: “Confirm (Pay now x €)”.
SCALAPAY IP reserves the right to accept or refuse the CLIENT's subscription to the payment service in three (3) installments without charge.
Once the payment service in three (3) installments without fees has been subscribed to, the CUSTOMER's bank card will be immediately debited by SCALAPAY IP for the amount of the first installment (i.e. one third of the total price of the order, all taxes included). The second installment (corresponding to the second third of the price) will be debited by SCALAPAY IP within thirty (30) days from the date of the Order, and the third and final installment (corresponding to the last third of the price) will be debited within sixty (60) days from the same date.
A payment confirmation email will be sent to the CUSTOMER upon each payment due date.
For any questions relating to the payment service in several installments subscribed to by the CLIENT, the latter must refer to the general conditions of service of SCALAPAY IP and contact the customer service of SCALAPAY IP.
Payment with PayPal
The CUSTOMER can choose to pay for their order via PayPal , a secure online payment solution that allows them to pay directly with their PayPal account, without having to enter their bank details for each transaction.
By selecting PayPal as the payment method, the CUSTOMER is automatically redirected to the secure PayPal interface to finalize the payment. The amount is debited immediately upon order confirmation.
The CUSTOMER must have a PayPal account to use this service.
Payment in installments with PayPal
The CUSTOMER can also choose the "Payment in 4X with PayPal" option , a financing solution offered by PayPal Europe S.à rl et Cie, SCA, subject to acceptance by the latter.
This service allows you to spread the payment of the order over four (4) monthly installments at no additional cost, under the following conditions:
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Offer reserved for adults residing in France with an active PayPal account.
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Total order amount between €30 and €2,000.
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Subject to acceptance of the file by PayPal after real-time analysis.
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The CUSTOMER is redirected to a dedicated page to view the terms of the offer and accept the PayPal credit agreement.
The first payment is made immediately , the following ones are debited automatically each month according to the schedule presented by PayPal.
The payment contract in several installments is concluded exclusively between the CUSTOMER and PayPal . The SELLER cannot be held responsible for a refusal of financing on the part of PayPal or for the consequences linked to the execution of this contract.
For any questions or complaints regarding this service, the CUSTOMER must contact PayPal Customer Service directly or consult the PayPal General Conditions available at the following address:
👉 https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full
● Payment by bank transfer.
The average time to receive a transfer is estimated at 15 (fifteen) days.
If the bank transfer is not received within this period, the Order will be automatically cancelled and the Customer will be notified of this cancellation.
● Payment by French bank check
The Customer undertakes to send the check to the Customer within 15 (fifteen) days of the Order. The check is cashed by BASIK AIR before the Product is shipped.
If the check is not received within this period or if the bank refuses, the Order will be automatically cancelled and the Customer will be notified of this cancellation.
The Customer guarantees to BASIK AIR CONCEPT that he has the necessary authorizations to use these payment methods.
Payments made by the Customer will only be considered final after actual collection by BASIK AIR CONCEPT of the amounts due.
BASIK AIR CONCEPT also offers the Customer the option of paying all or part of the amount of their Order by gift card or credit note, provided that these two payment methods have been validly issued by BASIK AIR CONCEPT within 12 months prior to the day of the Order.
Payment of the full price must be made at the latest before delivery of the Products, unless otherwise specified during the Order process and mentioned on the invoice. Once payment has been validated, invoices are available on the Customer's online account.
7-2. Additional terms applicable to Professional Clients
The potentially applicable rules of the Commercial Code are recalled:
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For professional Clients, in accordance with the provisions of the French Commercial Code, the proposed rates include discounts and rebates that BASIK AIR CONCEPT may grant based on its results or the Client's assumption of certain services. No discount will be granted in the event of early payment.
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In the event of total or partial non-payment of the Products delivered on the due date, the Customer shall pay BASIK AIR CONCEPT a late payment penalty equal to three times the legal interest rate. The legal interest rate used is that in effect on the day of delivery of the Products. This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment penalties, any sum, including the deposit, not paid on its due date will automatically result in the payment of a fixed penalty of 40 euros due for recovery costs.
Article 8
Delivery
Delivery is characterized by the transfer to the Customer of physical possession or control of the Product. In the case of Products containing digital elements, delivery also includes the supply of these elements.
The possible manufacture of a Product and its delivery will only be initiated after sending the confirmation of the Order by BASIK AIR CONCEPT and receipt of payment for the Product by BASIK AIR CONCEPT.
The Products are delivered by La Poste's Colissimo service, either to the address indicated by the Customer when placing the Order, or to the Pick-Up selected by the Customer when placing the Order.
Any package returned to BASIK AIR CONCEPT due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
The Customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by completing this information when placing the Order.
8-1. Delivery costs
The delivery costs applied to the Order placed by the Customer depend in particular on the type of delivery chosen, the destination country and the weight of the Order. An estimate of these costs is provided to the Customer before the final validation of his Order on the Site.
8-2. Delivery times
The average delivery time expected for a Product is indicated on the page of the Site associated with it.
Some Products are made to order only, such as sails and harness bags. The delivery time for these Products necessarily takes into account the processing and shipping of the Order by the Supplier. It may be longer than 30 days, which the Customer acknowledges and accepts.
When placing the Order, the Customer will receive information on the estimated delivery time. These are indicative times, expressed in working days, corresponding to the average processing and delivery times.
If the Customer orders from a territory outside the European Union, delivery times may be extended, in particular due to customs formalities.
In any event, BASIK AIR CONCEPT cannot be held responsible for the consequences of a delay in delivery which is not its fault or which is due to a case of force majeure.
In the event of non-compliance with the agreed delivery date or deadline for any reason other than force majeure or the actions of the Customer, the latter may:
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Notify BASIK AIR CONCEPT of the suspension of payment of all or part of the price until it is executed;
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Terminate the contract if, after having given notice to BASIK AIR CONCEPT to make delivery within a reasonable additional period, the latter has not been performed within this period (the contract will be considered terminated upon receipt by BASIK AIR CONCEPT of a new letter informing it of this termination, unless the company has performed in the meantime);
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Immediately terminate the contract in two cases:
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BASIK AIR CONCEPT refuses to deliver the goods, or it is clear that it will not do so, or
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o the delivery date or time constitutes for the Customer either an essential condition of the contract, defined as such before the conclusion of the contract, or an express request from the Customer made before the conclusion of the contract.
BASIK AIR CONCEPT will reimburse all sums paid by the Customer within 14 days following termination of the contract.
8-3. Home delivery
The Customer undertakes to provide, when placing the Order, all the information necessary for delivery to ensure its proper execution, and, where applicable, a telephone number where the carrier can contact them during the day. Upon delivery, the Customer must be able to present proof of identity if requested.
In case of absence on the day of delivery, the carrier will leave a calling card. The Customer will comply with the carrier's instructions after the first calling card, in order to organize with the carrier the reception or collection of the Product.
If the Product is not received or collected from the carrier's agency within a time limit communicated by the carrier and following its first delivery notice, the Product will be automatically returned to BASIK AIR CONCEPT. In the event of difficulties encountered with the carrier, the Customer must, within the same time limits, inform BASIK AIR CONCEPT by email to the following address: basik.fr@orange.fr
The Customer is required to check the condition of the packaging and the conformity of the Product, in quality and quantity, at the time of delivery.
If they have been damaged, the Customer may make reservations on the delivery slip, in handwritten form, accompanied by his signature. He may report any anomaly concerning the delivery (open or damaged packaging, damage suffered, conformity to the Order, missing Product, damaged Product, etc.). Any complaint relating to apparent defects or non-conformity of the Product delivered in relation to the indications given during the presentation of the Product on the Site, as well as damage related to transport, must be confirmed by the Customer to BASIK AIR CONCEPT within 48 (forty-eight) hours following receipt of the Product either by registered letter with acknowledgment of receipt to the following address: BASIK AIR CONCEPT 20 rue du Général Castelneau CS 62019 83550 VIDAUBAN, or by e-mail to the following address: basik.fr@orange.fr
8-4. Pick-up Delivery
The Customer will be notified that their Products will be available at the Pick-Up location they selected when placing their Order. The Customer has a period of time specified in the notification to collect their Products.
Collection of Products by Pick-Up may require the presentation of a valid identity document. Otherwise, the Products cannot be delivered.
The Customer is required to collect the Products ordered and delivered to the Pick-Up within this time period. After the time period indicated by the Pick-Up, the Customer's failure to collect the Products will be perceived by BASIK AIR CONCEPT as a refusal to take delivery, opposed by the Customer; the Products will be returned to BASIK AIR CONCEPT.
For more information on Pick-Up collection terms: https://www.pickup.fr/
In the case of Pick-Up delivery, the Customer is also required to check the condition of the packaging and the conformity of the Product, in terms of quality and quantity, at the time of delivery. In the event of damage, the Customer may refuse to collect the damaged Product and indicate in handwritten form “refusal due to damage” on the delivery sheet accompanied by his signature.
Any reservations (open or damaged packaging, damage suffered, conformity to the Order, missing Product, damaged Product, etc.) must be notified to BASIK AIR CONCEPT within 48 (forty-eight) hours of receipt of the Product, either by registered letter with acknowledgment of receipt to the following address: BASIK AIR CONCEPT 20 rue du Général Castelneau CS 62019 83550 VIDAUBAN, or by e-mail to the following address: basik.fr@orange.fr
8-5. Picking up the order on site
If the Customer has chosen to collect the Order on site, the Products are available for collection from the BASIK AIR CONCEPT warehouses at 20 Rue du Général Castelnau 83550 Vidauban France, by the Customer or their own carrier. They may then collect the Products during BASIK AIR CONCEPT's opening hours, from 8 a.m. to 5 p.m. Monday to Thursday within 1 year from the confirmation of the Order.
If the Customer has not collected their Products from the store within 1 year from the date of their order, the Order is cancelled and the Customer is reimbursed.
8-6. Acceptance of delivery
After the 48 (forty-eight) hour period, and in the absence of compliance with the formalities relating to any reservations, the Products will be deemed not to present any damage or anomaly(ies) linked to transport and no claim may be validly accepted by BASIK AIR CONCEPT, subject to the legal guarantees attached to the Products.
By signing the delivery receipt without making any specific reservations, and accepting the Products, the Customer acknowledges receipt of the goods without any damage or anomaly related to transport, in a condition giving them complete satisfaction.
8-7. Transfer of ownership – Transfer of risks
The transfer of ownership of the Products will only take place after full payment of the price by the Customer, regardless of the delivery date.
The risks of loss or damage to the Products are transferred to the Customer at the time the Customer or a third party designated by the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of BASIK AIR CONCEPT. The Customer undertakes, where applicable, until ownership/risks are transferred to the Customer, to take all necessary precautions for the proper preservation of the Products.
8-8. Order Tracking
For any questions relating to the tracking of an Order, the Customer can contact BASIK AIR CONCEPT via the contact form on the Site or by telephone at 0494991236, he can also consult his customer account on the Site on which he can find the tracking of his Order.
8-9. Notice
Once the Customer has received the Product, they may leave a review on the Site, in accordance with the terms and conditions set out in the General Conditions of Use.
Article 9
Right of withdrawal
The provisions of this article are only applicable to the Consumer Customer.
9-1. Right of withdrawal
The Customer has the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by him, takes physical possession of the Product, or of the last Product in the case of a multiple Order.
To exercise the right of withdrawal, the Customer must notify BASIK AIR CONCEPT of their decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post or email, to the contact details provided in Article 1). They may use the model withdrawal form (Annex 1) but this is not mandatory.
He may also communicate his choice to withdraw via the contact form available on the Site from the “Contact Us” button. If he uses this option, BASIK AIR CONCEPT will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
In order for the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
9-2. Effects of withdrawal
In the event of withdrawal from this contract, BASIK AIR CONCEPT will reimburse the Customer for all payments received from him, including delivery costs (with the exception of additional costs resulting from the fact that he has chosen, where applicable, a delivery method other than the least expensive standard delivery method offered by BASIK AIR CONCEPT) without undue delay and, in any event, no later than fourteen days from the day on which it is informed of its decision to withdraw. BASIK AIR CONCEPT will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed otherwise; in any event, this reimbursement will not incur any costs for the Customer. BASIK AIR CONCEPT may defer the reimbursement until it has received the Product or until the Customer has provided proof of shipment of the Product, whichever is the earliest.
The Customer must return the Product to BASIK AIR CONCEPT without undue delay and, in any event, no later than fourteen days after notifying them of their decision to withdraw from this contract. This deadline is deemed to have been met if the Product is returned before the expiry of the fourteen-day period.
The Customer must bear the direct costs of returning the Product.
The Products are returned in their original packaging. They must be complete (product, any accessories, labels attached to the Product, instructions) and in perfect condition. The Customer is only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. Any damaged, soiled, incomplete Product or any Product returned beyond the legal withdrawal period will not be accepted by BASIK AIR CONCEPT.
9-3. Exclusions from the right of withdrawal
In accordance with current regulations, it is recalled that no right of withdrawal will be granted on Products that have been personalized or measured (Examples: wetsuits, sails, harness bags, etc.).
Article 10
Legal guarantee of conformity – guarantee of hidden defects
These provisions are only applicable to Consumer and Non-Professional Customers.
The Customer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity requires BASIK AIR CONCEPT, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the Customer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee.
If the Customer requests the repair of the goods, but BASIK AIR CONCEPT imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:
1° BASIK AIR CONCEPT refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the Customer, in particular when the Customer definitively bears the costs of recovery or removal of the non-compliant goods, or if he bears the costs of installation of the repaired or replacement goods;
4° The non-conformity of the goods persists despite BASIK AIR CONCEPT's unsuccessful attempt to bring them into conformity.
The Customer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The Customer is then not required to request the repair or replacement of the goods beforehand.
The Customer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The Customer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the Customer to a price reduction if the item is kept or to a full refund upon return of the item.
Article 11
Responsibility of Basik Air Concept
BASIK AIR CONCEPT shall only be liable to the Customer for acts directly attributable to it and which cause it direct harm. BASIK AIR CONCEPT shall not be held liable for any indirect harm suffered by the Customer.
BASIK AIR CONCEPT cannot be held liable in the event of misuse, negligence or lack of maintenance of the Product on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
Article 12
Protection of personal data
BASIK AIR CONCEPT is responsible for processing personal data collected from Customers.
The information collected is subject to computerized processing intended to enable BASIK AIR CONCEPT to process the Customer's requests and Orders.
The Client's personal data is kept for the period strictly necessary to fulfill the purposes for each of BASIK AIR CONCEPT's processing operations.
In accordance with the provisions of the Data Protection Act of 6 January 1978 and the EU General Data Protection Regulation No. 2016-679 of 27 April 2016, the Customer has the right to access, modify and delete information concerning him/her. The Customer may exercise this right at any time by contacting customer service by simple request by email at basik.fr@orange.fr, or by post to Basik Air concept, 20 RUE DU GENERAL CASTELNEAU, 83550 VIDAUBAN, indicating your contact details (surname, first name, address, accompanied by a copy of a signed identity document).
The Client is invited to consult the BASIK AIR CONCEPT Privacy Policy [•] (link to the Privacy Policy)
Article 13
Dispute management
13-1. Prior complaint
In the event of a dispute, the Customer must first contact BASIK AIR CONCEPT via the Site by selecting the contact form using the “Contact Us” button, by mail to the address: BASIK AIR CONCEPT 20 rue du Général Castelneau CS 62019 83550 VIDAUBAN, or by telephone: 0494991236
13-2. Mediation
In the event of a complaint not resolved amicably, the Consumer Customer may submit the dispute relating to the Order or these General Terms and Conditions with BASIK AIR CONCEPT to the consumer mediator at the following address:
FEVAD e-commerce mediator
60 rue la Boétie – 75008 Paris
or online: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso
The Parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
13-3. Applicable law and competent jurisdiction
Unless otherwise provided by public policy:
● these general conditions are subject to French law;
● ANY DISPUTE RELATING THERETO WILL BE SUBMITTED TO THE COMPETENT JURISDICTION OF THE AIX-EN-PROVENCE COURT OF APPEAL.
Article 14
Miscellaneous provisions
14-1. Force majeure
Any circumstances beyond the control of the Parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exemption from the Parties' obligations and shall result in their suspension.
The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence, as well as of their disappearance.
The following shall be considered as cases of force majeure: any irresistible facts or circumstances, external to the Parties, unforeseeable, inevitable, independent of the will of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers, pandemics.
The Parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured Party.
14-2. Non-waiver
Any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for in the T&Cs, whatever their frequency and duration, shall not constitute a modification of the T&Cs, nor generate any right whatsoever.
Annex 1
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of [the professional inserts his name, geographic address and email address here]:
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
