Our general terms of sale
The online shop of this site, was organized by TR HELICOPTER, who is the developer of this site. Any order taking in conformance with a product appearing within the online shops of Web sites www.trhelicopter.com supposes the preliminary consultation of the present general conditions The online shop of sites www.trhelicopter.com was organized by TR HELICOPTER, who is the developer of this site. Any order taking in conformance with a product appearing within the online shop of the Web site www.trhelicopter.com supposes the preliminary consultation of the present general conditions. As a consequence, the consumer recognizes to be perfectly informed about the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, as far as the customer wishes to order on-line products presented within the framework of the shop of the Web site. The consumer has the faculty to protect or to publish the present general conditions, being specified that so much the protection which the edition of this document are of its only responsibility. The consumer, before his order, declares that the acquisition of these products is without direct report with its professional activity, their acquisition being reserved for a personal use from him/her. As consumer, the customer thus has specific rights, which would be questioned in the hypothesis where products or services acquired within the framework of the Web site would have something to do in reality with its professional activity.
The online shop organized by TR HELICOPTER. within the framework of the Web site mentions the following information:
1. Legal note allowing an identification specifies of TR HELICOPTER
2. Presentation of the essential characteristics of the proposed properties
3. Indication, in Euros of the price of the properties, as well as, where necessary, the expenses of delivery
4. Indication of the terms of payment, delivery, or execution
5. The existence of a right to withdraw
6. The duration of validity of the offer or the price
7. The conditions of termination of the contract when this one is indefinite or of duration one-year-old superior
8. All this information is presented in French language.
The consumer declares to have the full legal capacity allowing him to make a commitment in conformance with the present general conditions
Article 1: completeness The present general conditions express the entire obligations of the parts. This way, the consumer is considered for accepting without reserve the entire capacities planned in these general conditions. No general or specific condition appearing in documents sent or put back by the consumer can become integrated into the present, since these documents would be incompatible with these general conditions.
Article 2: object The present general conditions have for object to define the rights and duties of the parts within the framework of the on-line sale of goods and services proposed by TR HELICOPTER. to the consumer.
Article 3: contractual Documents The present contract is formed by the following, presented contractual documents in order hierarchical decreasing: the present general conditions; the order form. In case of contradiction between capacities contained in the documents of different rank, the capacities of the document of upper rank will prevail.
Article 4: come into effect - duration The present general conditions come into effect in the date of signature of the order form. The present general conditions are concluded for duration necessary for the supply of the signed goods and services, until the extinction of guarantees owed by TR HELICOPTER.
Article 5: electronic Signature The " double click " of the consumer in conformance with the order form establishes an electronic signature which has, between the parts, the same value as a handwritten signature.
Article 6: confirmation of order The contractual information will be the object of a confirmation sees of e-mail at the latest at the time of the delivery or if not, at the address indicated by the consumer within the order form.
Article 7: proof of the transaction Registers computerized, kept in the computer systems of TR HELICOPTER. in reasonable conditions of safety, will be considered as the proofs of the communications, the orders and payments intervened between the parts. The archiving of order forms and invoices is made on a reliable and long-lasting support which can be produced as proof.
Article 8: information on products has 8-a: TR HELICOPTER presents on its Web site products to be sold with the necessary characteristics which allow to respect Article L 111-1 of the Code of the consumption, which plans the possibility for the potential consumer to know before the definitive order taking the essential characteristics of the products which he wishes to buy. 8-b: the offers presented by TR HELICOPTER are valid only while stocks last.
Article 9: price The prices are indicated in euros and are valid only in the date of the sending of the order form by the consumer. They do not take into account expenses of delivery, charged in supplement, and indicated before the validation of the order. The prices take into account of the applicable VAT in the day of the order and any change of the applicable rate the VAT will automatically be echoed on the price of the products of the online shop. The payment of all of the price must be realized during the order. At no time, the paid sums cannot be considered as deposit or deposits.
Article 10: method of payment To settle his order, the consumer has, in his choice, all the payment conditions aimed within the order form. The consumer guarantees TR HELICOPTER that he arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. TR HELICOPTER reserves the right to suspend any management of order and any delivery in case of refusal of authorization of credit card payment on behalf of the officially accredited bodies or in case of not payment. TR HELICOPTER reserves in particular the right to refuse to make a delivery or to fulfill an order emanating from a consumer who would not have settled totally or partially a previous order or with whom a dispute of payment would be in the course of administration. TR HELICOPTER set up a procedure of check of the orders intended to assure that no person uses the account ID of another person without him/her knowing. Within the framework of this check, it will be asked to the customer to send by e-mail to TR HELICOPTER a copy of an ID card as well as a proof of address. The order will be validated only after reception and check by our services of the sent parts.
Article 11: availability of products The order will be executed at the latest within 3 days as from day according to that when the consumer placed his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed about it as soon as possible and will have the possibility of cancelling his order. The consumer will have then the choice to ask either for the refund of the sums paid in 30 days at the latest by their payment, or the exchange of the product.
Article 12: modalities of delivery Products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer has to verify the state of the packaging of the goods in the delivery and to indicate the damage due to the carrier on the delivery slip, as well as to TR HELICOPTER, within one week. The consumer can obtain, at his/her request, the sending of an invoice in the billing address and not in the delivery address by validating the option planned for that purpose on the order form. As regards the shipping, we work essentially with Colissimo Suivi. As soon as we proceed to a sending, you receive immediately an e-mail by informing you. THE POST OFFICE To reduce at the most the transport costs, all the products of low or average dimensions are sent by a service of the post office Colissimo Suivi. Besides the fact of being economic, this service delivers in 48 hours in all France and offers you the possibility of getting back products ordered your post office close to the delivery address in case of absence of the place of initial delivery during the presentation of the mailman. Concretely, if you are absent the day of the delivery, your mailman will leave with you a calling card in your mailbox, which will allow you to remove your parcel to your post office during the opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, it is possible, as in any expedition, that he can have a delay in delivery there or that the product gets lost. In case of delay in delivery with regard to(compared with) the date when we indicated to you in the e-mail of expedition, we ask you to indicate us this delay by calling us by telephone or by sending us an e-mail. We shall contact then the Post office to make start an investigation. An investigation Posts can last until 21 days from the date of the beginning of the investigation. If during this deadline, the product is found, will be immediately rerouted in your place of residence (the majority of the cases). If on the other hand the product is not found at the end of the deadline of 21 days of investigation, the Post office considers the parcel as lost. It is only at this moment when we can send back to you a substitute, at our expenses. If one or several ordered products were not available any more at this moment, we would pay off to you the amount of products concerned by the loss of the carrier. If one or several products were still available, but had changed sale price on the site, we would apply the new sale prices, either by paying off you by check of the difference, or by asking for a complementary check concerning this price difference. We disclaim all liability as for the extension of delivery deadlines because of the carrier, in particular in case of loss of products or strike.
Article 13: problems of delivery because of the carrier Any anomaly concerning the delivery (damage, product being lacking with regard to(compared with) the delivery slip, the damaged parcel, produced broken) must be necessarily indicated on the delivery slip in the form of " handwritten reserves ", accompanied with the signature of the customer. The consumer will have to confirm at the same time(in parallel) this anomaly by sending to the carrier in the next two ( 2 ) working days the delivery date a registered letter with acknowledgement of receipt explaining the the aforementioned complaints. The consumer will have to pass on copy of this mail by fax or by simple mail in:
Article 14: errors of delivery has 14-a: the consumer will have to formulate with TR HELICOPTER that very day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or non-compliance of products in kind or in quality with regard to the indications appearing on the order form. Any complaint formulated beyond this deadline will be rejected. 14-b: the formulation of this complaint with TR HELICOPTER can be made: - first and foremost by telephone in 05 56 23 92 06 from Monday to Friday from 2 pm till 18 o'clock ., - by connecting you on our site in the section "follow your order" where, having entered your customer's number, you can ask us your question through the menu to contact by specifying well the reference of the order. 14-c: any complaint not made in rules defined above and within the time limits allowed cannot be taken into account and will clear TR HELICOPTER of any responsibility face to face of the consumer. 14-d: has reception of the complaint, TR HELICOPTER will attribute a number of exchange of one or several product (s) concerned (s) and will communicate it by e-mail or by 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 approach presented above. 14th: in case of error of delivery or exchange, every product to be exchanged or to be paid off must have returned to TR HELICOPTER in general and in its original packing, in Colissimo Recommandé, at the following address:
To be accepted, any return must be beforehand indicated to the Customer service of TR HELICOPTER. Forwarding charges are chargeable to TR HELICOPTER, safe in case it would turn out that the resumed product does not correspond to the declaration of origin made by the consumer in the voucher of return.
Article 15: guarantee of products According to the Article 4 of the decree n°78-464 of March 24th, 1978, the capacities of the present cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the latent defects of the sold thing. The consumer is expressly informed that TR HELICOPTER does not produce products presented within the framework of the Web site, in the sense of the law n°98-389 of May 19th, 1998 and relative to the responsibility because of the defective products. As a consequence, in case of damage caused for one person or in the good by a defect of the product, only the responsibility of the producer of this one can be looked for by the consumer, on the basis of the information appearing on the packaging of the aforementioned product. The conditions and the duration of guarantee producer are indicated on product sheets. Considering the frequency of renewal of the components of the technical products, www.trhelicopter.com can, on request, inform the consumer of the availability of the spare parts of the proposed products and the modalities to get them itself possibly.
Article 16: right to withdraw The consumer has a deadline of 14 working days to return, at his expenses, products not suiting him. This deadline runs as from the day of the delivery of the order of the consumer. If this deadline expires one Saturday, Sunday or a holiday or non-work day, it is extended until the next first working day. Any return must be beforehand indicated with the Customer service of TR HELICOPTER: - first and foremost by telephone in 05 56 23 92 06 from Monday to Friday from 2 pm till 6 pm, - by connecting you on our site in the section " follow your order " where, having entered your customer's number, you can obtain your number of order. The product must have returned to Colissimo Recommandé to
Products such as CDs, kits, bags, must not have been unsealed, so that the consumer can benefit from the right to withdraw. Only will be taken back products sent back as a whole, in their complete and intact original packing, and in perfect condition of resale. Everything produces which will have been damaged, or whose original packing will have been damaged, will be neither paid off nor will exchange. This right to withdraw practices without penalty, with the exception of the expenses of return. In the hypothesis of the exercise of the right to withdraw, the consumer has the choice to ask either for the refund of the paid sums, or for the exchange of the product. In the case of an exchange, the forwarding will be made at the expense of the consumer. In case of exercise of the right to withdraw, TR HELICOPTER will make all the efforts to pay off the consumer within 15 days. However, considering the technical character of the sold products, this deadline can be spread in 30 days, in particular when the product needs a technical check (cf produced that must be beforehand tested). The consumer will then be paid off by recrédit of her bank account ( secure transaction) in case of credit card payment, or by check in the other cases.
Article 17: rights of use The right of use of the software of TR HELICOPTER, as well as those distributed by her, is granted to the consumer with not exclusive, personal and non-transferable title, according to the Code of the Intellectual property. However, in conformance with the Article L122-6-1 of this Code, the consumer has a reproduction right exclusively for the establishment of a copy of protection, when this one is necessary to protect the use of the software. In any case, the author of the software preserves a property right on his work, which the consumer makes a commitment to respect.
Article 18: force majeure None of the two left will have failed in the contractual obligations, as far as their execution will be delayed, hindered or prevented by a coincidence or a force majeure. Force majeure any irresistible facts or circumstances, foreign the parts, unpredictable, inevitable, independent from the will of the parts will be considered as coincidence or and which cannot be prevented by the latter, in spite of all the efforts reasonably possible. The part affected by such circumstances will inform the other one about it in ten working days according to the date in which it will have had knowledge of it. Both parts will get closer then, within one month, unless if it is impossible due to the case of absolute necessity, to examine the incidence of the event and agree on conditions in which the execution of the contract will be pursued. If the major case of strength has a duration three-month-old superior, the present general conditions can be cancelled by the injured party. In a express way, are considered as cases of absolute necessity or coincidences, besides those usually held by the jurisprudence of the courts(courses,prices,yards) and the French courts: the blocking of the means of transportation or supplies, earthquakes, fires, storms, floods, lightning; the ruling of the telecommunication networks or the difficulties appropriate to the external telecommunication networks to the customers.
Article 19: partial not validation If one or several conditions of the present general conditions are considered not valid or declared such in enforcement of a law, a payment or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their impact.
Article 20: not renunciation The fact for one of the parts not to take advantage of a negligence by the other part in any of the obligations aimed in the present general conditions could not be interpreted for the future as a renunciation of the obligation in cause.
Article 21: title In case of difficulty of interpretation between any of the titles appearing at the head of clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: applicable Law The present general conditions are subjected to the French law. It's like that for the rules of fund as for the rules of shape. In case of dispute or of complaint, the consumer will address first and foremost TR HELICOPTER to obtain an amicable solution. Secondly and in case of appeal, the consumer can put down a complaint with the commercial court of Bordeaux.
Article 23: computing and Liberties The information which are asked to the consumer is necessary for the treatment of its order and can be communicated to the contractual partners of TR HELICOPTER occurring within the framework of the execution of this order. The consumer can write to TR HELICOPTER whose address and phone number are within the charter of confidentiality appearing within the framework of the Web site, to oppose such a communication, or to exercise his rights of access, rectification towards the information concerning him and appearing in the files of TR HELICOPTER, in the statutory conditions of January 6th, 1978.