The present terms of sale govern the contractual relations between My Air Model Ltd, company editor of www.myairmodel.com and its customer, the two parts accepting them without reserve. These terms of sale will prevail on all other conditions of sale appearing in any other document, except preliminary, express and written exemption. Our terms of sale are governed by the French law. The purchase of an article from a third country, does not engage the responsibility for My Air Model Ltd in the event of nonpossible respect of the legislation of the aforesaid country.
The present terms define the methods of sale between My Air Model Ltd and the user, from the order to the service, including the payment and the delivery. They regulate all the stages necessary to the placing of the order and ensure the follow-up of this order between the contracting parts.
3. The order
The user can order online using the catalogue online. The order can be accepted on the site only if the user were clearly identified. Any order is worth acceptance of the prices and description of the products available to the sale. The company is committed to delivering the orders received on Internet site only within the limit of stock available for the products. When the product is not available, the company is committed to informing the customer as fast as possible of this.
The personalizable products (air model) marketed on www.myairmodel.com are carried out with specific markings, according to the instructions of the customer, starting from the possibilities of personalization the site proposes. The technical characteristics and the prices are valid except typographical error. All photographs on our site being noncontractual. The heights of the letters and photographs can vary +/- 10% compared to that required/proposed on our site, if a minimal or maximum size is specified and if it is not possible to respect the requested size, the size of marking will be adapted according to the available area. Provided markings are markings of quality. The stability of the colors, for inside use, is guaranteed 1 year, under the European conditions of sunning.
5. Contents of markings
My Air Model Ltd declines any responsibility for the use of the delivered marked models. My Air Model Ltd reserves itself the right to refuse any order seeming contrary with the laws in force in France related to the protection of the image of the physical people and morals. In the same way, any message or document which are pornographic, or racist, or making the apology of drugs, or obviously against the laws and rules in force in France will be refused. When, for a reason related to the contents, My Air Model Ltd refuses an order, it is committed to warning by email the concerned customer.
The prices indicated on www.myairmodel.com are in Euros all inclusive of tax for a delivery in the European Union. They take account of the VAT applicable to the day of the order. Any change of the applicable rate could be reflected on the prices of the products. They are net of tax for the countries outside European Union. My Air Model Ltd will be able to constantly modify its tariffs and without notice. The expenses of delivery are indicated separately and are calculated on the service according to the number of articles in the order and the address of delivery.
The taxation rules are those applicable to a French costumer or belonging to the European Union. The VAT is thus invoiced on the basis of legal tariff in force in France for the whole of customers of the European Union. For the purchasers ordering a product from a country outside the European Union, the selling prices are net of tax.
There are no customs duties for the products delivered in France or in the European Union. For the other countries, customs taxes can possibly be exigible. It is to the customer to contact the customs services of his/her country to make a customs statement if necessary. My Air Model Ltd will not be able in no case to be held responsible for a possible overcost related to these customs taxes.
The user can pay his purchases online by using various cards (Visa, Eurocard, Mastercard, American Express, Carte Bleue). My Air Model Ltd implements all the means to ensure the confidentiality and the security of the datas transmitted on the Web. Also, our Internet website uses a protected module of payment provided by the Crédit Mutuel. No information concerning your banking informations (neither number of card, nor expiration date) comes to our operators. In addition, My Air Model Ltd reserves itself the right to refuse any ordering of a customer with whom would exist a litigation or a doubt about the veracity of the order. The place orders engage the customer as of the acceptance of the order by My Air Model Ltd.
10. Promotional codes
The goods and promotional codes emitted on our site are nonrefundable, noncumulable and nonexchangeable. The conditions of use of these codes are indicated during their delivery or in the email sent with this one. They can be or not restricted with the purchase of a product, a type or a family of products. Moreover, these codes are subjected to a minimum amount of purchases on our site to be able to profit from it and have a time of validity with beyond which they are not valid any more.
11. Manufacturing/Delivering times
The times indicated from 1 to 3 days are for standard products. They get along in days and business hours. It is the number of hours ranging between the moment when we take delivery of your payment, and the moment when the goods are dispatched. My Air Model Ltd is committed to putting all works about it to deliver in the time indicated the orders placed on the site, and this, as soon as the order was validated by the customer.
The delivery will be carried out with the address indicated by the customer and where the customer commits himself to taking delivery of the ordered product. In the event of error in the wording of the co-ordinates, My Air Model Ltd could not be held responsible for the impossibility to deliver the product. The transport charges are the responsibility of the customer and the amount is indicated by it on the summary of the order. Warning : the ordered articles travel to the risks and dangers of the recipient: during the delivery of the order, the customer must carefully check the state of the parcel to the reception, and make possible reserves to the conveyor in the event of lack or of degradation. The possible delays of manufacturing and/or delivery do not give the right to the customer to cancel the sale, to refuse the goods or to claim damages.
Any complaint for nonconformity or object missing with the delivery will have to be transmitted in 48 hours according to the reception of the order. For that, the customer will have to contact us by mail recommended with acknowledgement of delivery by clearly specifying the reason for return and the number of invoice. My Air Model Ltd will then give a " number of return " which will have imperatively to be reproduced on packing external of the whole of the returned order. In no case an order could be returned without prior agreement of our part. The possibility of return relates to the only products not having undergone any modification or deterioration and will have to be carried out in their original packing. The ascribable delays of delivery to the conveyor could not give the right to a refunding of the carriage costs.
Although the customer receives goods, they are entirely personalized at his/her request. For this reason, the exchange represents a provision of services. For a provision of services concluded remotely and whose execution started before the 7 days end with the agreement of the consumer, the right of retractation is excluded. However if the right of retractation is not applicable to the personalized products, it will apply exceptionally if the error was ascribable to the manufacturing. Concerning the not personalizable articles, under the terms of the Code of consumption, the customer has a 7 days deadline as from the delivery of his order to make return of the products to My Air Model Ltd for exchange or refunding, without penalties except for the expenses of return. The returned articles should not be damaged nor washed or used, and will be returned in their original packing, with all the insurances contracted to cover losses, and break-ins for the returned articles. In the event of nonconformity, the returned articles will remain the property of the customer.
My Air Model Ltd keep the property of the ordered products until the effective and integral payment of the price. If, for some reason, the products were delivered to the customer without having been paid by the customer, My Air Model Ltd will be able to take again the product. Notwithstanding, the customer becomes responsible for the products as of their delivery.
My Air Model Ltd cannot be held responsible for the damage of any nature, materials as well as immaterial or bodily, which could result from a faulty operation or misuse of the marketed products. The company My Air Model Ltd has only an obligation of means for all the stages of access to the site, of the process of order, the delivery or the posterior services. The responsibility for My Air Model Ltd could not be committed for all the disadvantages or damage inherent in the use of Internet network, in particular a rupture of service, an intrusion external or the presence of a computer virus, or for everything qualified of case of absolute necessity, in accordance with jurisprudence.
15. Identification of the customer
The personal information collected for purposes of the remote sale are required, this information being essential for the treatment and the routing of the orders and the establishment of the invoices. The defect of these involves the cancelling of the order. All personal information that you provide to us will be used strictly for the pending order. My Air Model Ltd is committed not to revealing them.
16. Personal information
Personal information that we record concerning you is essential in order to make you profit from our best offers and services to better serve you. This information is only for internal use and their processing has been declared to the French National Commission of Data processing and Freedoms (CNIL) under the number 1211870. In accordance with the Data-processing law and freedoms of January 6, 1978 modified by the law of August 6, 2004, you have a right of access, modifications, of correction and deletion of the data which concern you. To exert this right, you address to: My Air Model, BP: 10033, 47002 Agen cedex, France.
17. Case of absolute necessity
My Air Model Ltd cannot be held responsible for the obligation of delivery in the event of events escaping its control. In particular, the following are regarded as cases of absolute necessity : floods, fires, natural disasters, accidents, strikes, war, riots, government decisions.
This contract is subjected to the French right. Any dispute as for the validity, the interpretation or the execution of this contract will be subjected to the exclusive competence of the Courts of Agen. However, My Air Model Ltd reserves itself the faculty to seize any other court of jurisdiction.
19. Intellectual property
All the elements of our Internet website, which they are visual or sound, including subjacent technology, are protected by authoring rights, marks or patents. They are the exclusive property of the company My Air Model Ltd.
The user who has an Internet website on a purely personal basis and who wishes to place on his/her site, for a personal use, a simple link linking directly to the home page of the myairmodel.com website must obligatorily request an authorization from our company. In this case, it will not act as an implicit convention of affiliation. On the other hand, any hypertext link linking to the myairmodel.com site using the framing or inline linking techniques is prohibited. In all cases, any link, even tacitly authorized, will have to be deleted on request from the company My Air Model Ltd.
On the assumption that one of the clauses of this contract would be void by a change of legislation, regulation or by a decision of court, this could not, in no case, affect the validity of these terms of sale.
The present terms do apply for all the duration of the online service offered by our company. At any time, My Air Model Ltd reserves itself the right to modify the present terms of sale without notice.