1 - Service
Le Comptoir de l’Aviation (hereinafter the ’Company’) operates an e-commerce website (https://www.aviation.paris, hereinafter the ‘Site’) aimed at collectors, enthusiasts and other aviation connoisseurs and is regulated by these terms and conditions. Unless there is an express dispensation being the result of a postal mail or an email sent by the Company, the terms and conditions control the relationships between the Company and people who buy on line through the Site (hereinafter the ‘Customer’).
The closing of any sale implies the agreement without reservation of the terms and conditions in effect the day of the sale.
2 - Price
The price of the items is as indicated on the Site on the day of the order. Prices are in euros, tax included and do not include shipping fees.
The sale of used items is governed by the provisions of articles 297 D 1˚ and 297 E of the General Tax Code (Code Général des Impôts). Pursuant to those provisions, prices include tax, but the VAT will not be deductible and will not appear on invoices.
In regards to new items, prices are subject to a deductible 20% VAT. Prices excluding tax and the applicable amount of the VAT will appear on invoices.
There is a transfer of property only when the payment of the items(s) and any shipping fees have been paid in full.
3 - Orders
3.1 – Executing and Processing Orders
Given the type of commercial activity of the Company, the proposed items are mostly unique both on the Site and in the shop open to customers. The same item may be ordered twice or be already sold despite the technical performance of the Site and all the care taken in updating it.
Subject to the foregoing, an item is actually ordered only after the method of payment is selected and the purchase is confirmed by the customer. Putting an item in the basket does not secure the reservation nor its actual availability.
Orders can only be completed when payment has been made and as soon as the Customer has provided accurate information required when ordering: name, invoicing address, shipping address if different, email and phone number.
An order will be final only once the Company has sent a confirmation email.
Tracking information for each order will be updated on a regular basis and available online. The Customers will be able to check that information through their personal account by logging in with an id and a password set up when first ordering or when signing up on the Site.
As stated above, it may be the case where an ordered item has already been sold in the Shop and this has not been updated online right away. In this instance, the customer who ordered and paid will be informed as soon as possible by email or by phone. The sale price and the shipping fees will be entirely reimbursed forthwith.
3.2 – Orders not completed
Orders not completed, i.e. putting one or several items in the basket without confirming and paying will be deleted after the thirty (30) minute time limit has elapsed following the creation of the said basket. Non-completed orders cannot under any circumstances be a way to reserve said items. The Company will not be held responsible for the unavailability and/or the sale of one or several items still in a basket past thirty minutes after these items have been put in a basket.
3.3 – Orders with Deferred Payments
Online orders where either “payment by check,” “payment by bank transfer” or “cash payment” has been selected must be completed within seven business days:
Bank transfers or checks must be received by the Company within this time frame
Checks or cash must be deposited at the Shop at the address and during the office hours indicated on the Site.
Without payment received or done at the Shop within the aforementioned seven-day time frame which constitutes a reservation period, the order will be cancelled and the item(s) will be put back on sale. The Company will not be liable for the sale of the item(s) ordered and not paid for within this time frame.
4 - Methods of Payment
According to the provisions, the customers can pay online for their order by credit card, Paypal but also:
- by check made out to Comptoir de l’Aviation and sent to Comptoir de l’Aviation, 3 rue d’Argenteuil – 75001 Paris
- by bank transfer: Banque 30002 - Office 00689 (LCL Pyramides) - Account: 0000431006F - RIB: 81 / IBAN: FR27 3000 2006 8900 0043 1006 F81 / BIC: CRLYFRPP
- In cash within the €1,000 limit by coming to the Shop: Le Comptoir de l’Aviation, 3 rue d’Argenteuil -75001 Paris.
5 - Orders Shipment
Shipping fees are a fixed price in addition to the sale price of the items. Shipped items are insured for their actual value within the limits set by the insurance provided by each of the proposed carriers: one thousand (1,000) euros for a signed shipment with Colissimo, five hundred (500) euros for a shipment with Mondial Relay.
Items are sent as soon as payment has been received, within three business days and to the address provided by the customer who will bear the consequences resulting in an omission or an incorrect shipping address entered at time of purchasing. As a result, no delivery or any delay can in no way lead to the cancellation of the order and/or its reimbursement even partly.
Shipped items are always protected and wrapped with extreme care but are transported at the Customer’s own risks. Whatever the method of shipping, the Customer must always check the content of the package upon delivery so as to be able to express any reservation or claim.
Transportation time depends only on the carrier. The Company is not liable for any delay in the delivery of the orders.
Recipients must pay for any custom fees or local taxes for shipments outside the EU.
6 - Articles status and destination
The items for sale are second-hand pieces and by nature not perfect. Therefore, they may show alternatively or concurrently traces of wear and tear, missing parts, distortion, structure or surface modifications, etc. (hereinafter and not limited to the ‘Defects’).
Even though the descriptions and images are not contractual and as such can be modified any time and without notice, the Company always endeavours to show with extreme care, both with the descriptions and the photos, the Defects of the items for sale. To obtain more details, the Customers can also request further information, photos or videos of the pieces, by emailing the Company (email@example.com).
All the items for sale, whatever they are, are sold as pieces of collection or decoration despite their apparent condition. Parts of airplanes in particular cannot be used for the purpose of which they were originally designed. The Company will not be liable for the compliance of the pieces and their original purpose or any consequences direct or not, any use other than for a decoration or a collection purpose could have. Therefore, the Customer declares waiving any appeal against the Company based on such grounds, for any loss, damage direct or not resulting in the use of the said items for other purpose than collection or decoration.
7 - Right To Cancel
The terms of the provisions in article L 121-21 of the Consumer Code gives the Customer, natural person, the right to cancel. This right can be exercised during fourteen (14) clear days from the moment the order is received. The Company will have to be informed by email (firstname.lastname@example.org) or by postal mail (Le Comptoir de l’Aviation 3, rue d’Argenteuil - 75001 Paris).
In case of cancellation within the legal time limit, those item(s) will be reimbursed as well as the shipping fees settled during the order. However, the return fees for the item(s) will be charged to the Customer.
Items will have to be returned in their original condition, i.e. as they were on the day of shipping. Failing this, the returned items will not be accepted. The Customer can choose the carrier but must ensure that tracking is possible and that the insurance covers the item up to its purchase price.
Once these conditions are met, the items and the shipping fees paid at time of ordering will be reimbursed by the Company within the week following receipt.
Orders made on line with payment and collection at the Shop do not fall within the scope of article L 121-21 of the Consumer Code. These orders are only reservations for the duration stated in article 3.3 of these Terms and Conditions.
8 - Intellectual Property
All components of the Site, in particular, descriptions and photos that are parts of it, are protected by the provisions of the French Code of Intellectual Property and cannot be copied, as a whole or in part, without the specific authorization of the Company.
9 - Validity of the General Terms and Conditions of Sale
If one of any of the provisos in these Terms and Conditions of Sale is declared null in full or in part, the other provisos and rights and obligations in these Terms and Conditions of Sale will remain unchanged and will stay applicable.
10 - Governing Law and dispute
These Terms and Conditions of Sale are governed and construed in accordance with French Law.
In the event of a dispute regarding the processing of an order, the contracting parties may resort to a mediation procedure at their convenience, or file a legal action with the competent jurisdiction.
In the event of a dispute between the Company and a Customer who acts as a merchant, the Commercial Court of Paris (Tribunal de Commerce de Paris) has sole jurisdiction.