Terms and conditions of sale (T&CS)

BASIK AIR CONCEPT is a simplified joint-stock company with share capital of €8,000, registered on the Trade & Companies Register of Draguignan under number B 481 470 060 and whose registered office is located at 20 avenue Général Castelnau – 83550 VIDAUBAN, France. BASIK AIR CONCEPT is subject to VAT and identified by the VAT no. FR70481470060.

Telephone number: +33 (0)494991236

Email: basik.fr@orange.fr

Customer: a natural or legal person who places an Order on the Website.

The Customer may be a Consumer, non-professional or a professional. Some of the provisions of these T&CS may be reserved for one of these categories.

In any case, the Customer must have the capacity required to place the Order, enter into a contract and acquire the Products.

Order: is the commitment by the Customer to purchase one or more Products on the Website.

Consumer: is any natural person who does not act within the framework of their commercial, industrial, craftsman, freelance or agricultural activity.

Quote: is the contractual offer issued by BASIK AIR CONCEPT to the Customer who has submitted a request on the Website. The request for a Quote is mandatory for the purchase of certain Products, including parachute canopies and Products that are to be customised. The Quote indicates in detail the list of Products that the Customer wishes to acquire from the Company, their unit price and the total amount to be paid, Exclusive of Tax and Inclusive of Tax.

Supplier: is the manufacturer of a Product.

Non Professional: is any person not acting for professional purposes.

Parties: is BASIK AIR CONCEPT and the Customer.

Products: is all products available for sale on the Website, i.e. products mainly intended for skydiving activities.

Website: is the e-commerce website available at the address: www.basik.fr

1. 1. Purpose and scope of application of the terms and conditions

The purpose of these T&CS is to define the terms and conditions under which BASIK AIR CONCEPT supplies the Customer with the Products, in return for the payment by the Customer of the agreed price, and in general, to define all the rights and obligations of the Parties within the framework of the online sale of the Products. They apply to Orders for all the Products present on the Website.

These T&CS are drafted in French and English. In the event of a contradiction, the French version shall prevail.

1. 2. Availability and enforceability of the T&CS

The T&CS are made available to the Customer on the Website any time an Order is placed or when a Quote is requested and may be downloaded at the following address: www.basik.fr. THE T&CS ARE BINDING ON THE CUSTOMER, WHO ACKNOWLEDGES THAT THEY HAVE READ THEM AND ACCEPTED THEM UNRESERVEDLY BY CHECKING THE BOX RESERVED FOR THIS PURPOSE BEFORE VALIDATING THEIR ORDER OR REQUEST FOR A QUOTE.

These T&CS constitute, alongside any Quote and the Order confirmation email, the only contractual documents binding on the Parties, and shall prevail over any other document, including any terms and conditions of purchase from the Customer.

1. 3. Amendment to the T&CS

The content of the T&CS may, at any time, be subject to updates. Any resulting amendments shall apply from the moment they are posted online. We therefore recommend that you verify them regularly.

The T&CS that apply to the Customer are those in force on the date of the Order.

1. 4. Invalidity of a provision

If any of the clauses of these T&Cs are or become ineffective in full or in part, said provisions shall be void (without this affecting the validity and application of the remaining clauses), and shall be re-interpreted, supplemented or replaced in order to achieve the purpose of the ineffective provision.

These T&CS apply to any Order placed by the Customer on the Website, regardless of the country from which said Order is placed.

However, specific provisions apply depending on whether the Customer places the Order in France, a European Union country, or a country located outside the European Union. As such, we recommend that the Customer pay close attention to Articles 6: PRICE and 8: DELIVERY below, but also check with the local authorities about the rules that apply to goods sent from abroad.

BASIK AIR CONCEPT also informs the Customer that although the Products present on the Website comply with the French legislation in force, it cannot be held liable in the event of non-compliance with the legislation in the country in which the Products are delivered and it is up to the Customer to verify this legislation.

1. 1. General characteristics

The Customer may select one or more Products from among the different categories listed on the Website.

The Products sold on the Website each have their own individual description that aims to inform the Customer of their basic characteristics as accurately as possible without being exhaustive in nature. BASIK AIR CONCEPT regularly and attentively checks the accuracy of the information presented on the Website, however, it cannot be held liable if the presentations of the Products contain, despite its best efforts, any errors or omissions.

For certain Products offered for sale on the Website, the Customer must select certain variants of the Product (E.g. Sizes, colours, etc.) and they may also add optional variants at a cost.

The photographs, images, drawings or videos presented on the Website to illustrate the Products offered are provided for information purposes only and are non-contractual in nature.

The Customer is urged to read the description of each Product for more information about availability, the characteristics, and if applicable, any other information about its terms and conditions of use, which may be provided, in particular via a link to the Supplier’s website. We recommend that the Customer contact the Supplier should they have any specific requests that BASIK AIR CONCEPT cannot deal with.

1. 2. Product Availability

Only the Products displayed on the Website on the date of the Customer’s visit are available for sale. Offers on Products are valid as long as they are visible on the Website, subject to any specific indications of duration and within the limit of available stocks.

The Products offered on the Website may have different availability statuses:

• “In stock and shipped within X days”, which means that the Product is available for purchase and will be shipped within the stated time frame;
• “Being replenished”, which means that the Product is being replenished. No delivery time frame is provided by BASIK AIR CONCEPT but the Customer may still place an Order. The Product will be shipped by BASIK AIR CONCEPT as soon as it is back in stock.
• “Made to 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 the Product(s) ordered is/are not available, the Customer will be informed as soon as possible and can select one of the following options:

• To maintain their Order until the Product becomes available (if the Product is likely to be available again);
• To cancel part of the Order covering the unavailable Product(s).

In the event the Order is cancelled, BASIK AIR CONCEPT undertakes to provide the Customer with a credit note for an amount corresponding to the price paid for the unavailable Product by the Customer for any future Order on the Website, valid for 12 (twelve) months from the date of issue of the credit note, or it will refund the amounts paid by the Customer for the unavailable Product(s) within 14 days of payment.

Beyond the possible refund of the Price of the unavailable Product(s) or the issuing of a credit note, BASIK AIR CONCEPT shall not be liable to pay any cancellation compensation.

1. 3. Specific information about certain Products 

a) Regarding updates:

For all the Products offered for sale containing digital elements, BASIK AIR CONCEPT shall provide the Customer with all the information relating to the updating of software and any applications necessary for the correct functioning of the Product, as provided by the Suppliers, on the page of the Site relating to the Product in question, in the description section of the Product.

“Updates” means updates or modifications designed to maintain, adapt or enhance the features of the Product, including security updates, whether or not such updates are necessary to ensure the Product remains compliant.

If these Products can be used 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) Regarding spare parts:

BASIK AIR CONCEPT informs its Customers, through the product information sheet for each Product in question, of the availability or lack of availability of spare parts that are essential for its use as well as, if applicable, the period during which or the date until which these spare parts are available on the market.

c) Specific provisions for customisable Products

BASIK AIR CONCEPT may offer the Customer customisable Products via the Website. The Customer undertakes to provide BASIK AIR CONCEPT with all the information required for the Product to be customised.

1. 1. Creating an account

Once the Products have been selected, to proceed with the sale, the Customer will be invited to (i) create an account on the Website, in accordance with the terms outlined in the Website T&CS, or, (ii) if they already have an account on the Website, to log in, to that the Order can be placed.

1. 2. Placing an Order

Any Orders placed by a Customer are a result of their own informed decision and BASIK AIR CONCEPT is not responsible for the Customers’ decision to purchase.

a) Direct order (placing into the basket)

To purchase Products offered for sale on the Website, the Customer must select them in the online catalogue on the Website and add them to their virtual basket. All Orders imply acceptance of the prices and description of the Products available for sale.

The Customer will also be invited to select a delivery method and payment method from among those available.

The Customer acknowledges that placing an Order on the Website constitutes an obligation to pay.

An Order summary (Products, quantity, price and conditions) will be provided to the Customer, who can check the details and make any corrections before confirming the Order to express their final acceptance. This action results in the Order being sent to BASIK AIR CONCEPT.

Once the Order has been validated, BASIK AIR CONCEPT will send the Customer a confirmation email along with a copy of the T&CS.

BASIK AIR CONCEPT reserves the right to cancel or refuse any order on legitimate grounds, including in the event of suspected fraud, an unreasonable request from the Customer, presumption that it will be impossible for the Customer to enter into the contract or a manifest intention from the Customer to harm BASIK AIR CONCEPT.

In certain cases, including in the event of a payment default, incorrect address or another problem with the Customer’s account, BASIK AIR CONCEPT reserves the right to block the Customer’s Order until the problem has been remedied. If the problem persists, BASIK AIR CONCEPT may cancel the Order and refund the price.

Any costs incurred by the Customer to access the Website (computer equipment, Internet connection) shall remain at their expense.

b) Quote

For certain Products offered on the Website, in particular canopies and harness bags, the Customer must submit a request for a Quote before any Order, as these Products cannot be added directly into the Customer’s virtual basket. Similarly, for any Order for a large amount of Products, in particular if placed by a Non-Professional Customer, a request for a Quote is mandatory.

For these Products in particular, the Customer must submit a request for a Quote on the Website, by selecting the Product(s) they wish to acquire, including any possible mandatory variants to be selected (size, colours, etc.) as well as any additional paid options which may be added to the Product(s). The Customer may also add various requests for additional information.

BASIK AIR CONCEPT shall draw up a Quote in line with the requests of the Customer as soon as possible and shall send it to the latter for validation. Once the Customer has validated the Quote, BASIK AIR CONCEPT shall send an Order confirmation by email, and the Customer must then pay for the Order in accordance with the payment methods outlined below in Article 7.

1. 3. Entering into the contract

The sales contract is concluded once BASIK AIR CONCEPT has sent the Order confirmation by email.

Prices are displayed in Euros and, if applicable, with all taxes included (VAT at the statutory rate in force on the date of the Order and any environmental levies applicable, if necessary), excluding any delivery and shipping costs, which will be invoiced separately and indicated before the Order is validated.

The sale price of the Product is that displayed on the product information sheet on the Website for the Product in question, in force when the Order is placed. Certain offers may be subject to a time/stock limit. BASIK AIR CONCEPT reserves the right to modify the prices at any time, while guaranteeing that the Customer will be charged the price in force when the Order is placed, subject to the availability of the Product on that date.

The total amount due by the Customer (including the delivery fees outlined in Article 8.1 hereof) is indicated on the Order confirmation page.

However, for any Order placed from a country located outside the European Union, the Customer shall be deemed to be an “Importer” of the Products. This means that:

• French VAT may not be applied to said Order,
• The Customer may be required to pay, depending on the price of the Order: any tax imposed by the country from which the Order is placed, any customs duties as well as the service fees invoiced by the carrier.

These additional fees shall be borne exclusively by the Customer.

We recommend that the Customer contact the relevant local authorities on how to purchase foreign products.

1. 1. Methods open to all Customers

When placing an Order, the Customer may select:

• To pay the price in full, up front, by bank card.

Payment by bank card is carried out using the PayPlug payment solution, a subsidiary of the Banque Populaire Caisse d’Épargne group. 

When the Customer selects immediate payment by bank card, they will be asked to provide their bank card information via a secure connection. In order to optimise the security of online transactions, the Website uses an SSL (Secure Socket Layer) online payment system, to ensure that everything is in place to ensure the privacy and security of the data transmitted during the online payment. BASIK AIR CONCEPT’S online payment system automatically verifies the validity of the access rights when paying by bank card and encrypts all exchanges to ensure privacy. To make use of the secure SSL payment method, the Customer must use browsers that are compatible with the SSL system.

For payments by bank card, the purchase price will only be debited from the Customer when BASIK AIR CONCEPT sends the Order confirmation.

In the event the bank refuses, the Order will be automatically terminated and the Customer will be notified of this cancellation.

• Payment in 3 or 4 instalments, with a minimum purchase of €100 and a maximum of €3,000, with ONEY:

Oney Bank, a BASIK AIR CONCEPT partner, offers a financing solution called “3x 4x Oney”, which enables you to pay for your purchases in 3 or 4 instalments by bank card.

This financing solutions is available for the purchase of any equipment, with a minimum amount of €100 up to €3,000.

Conditions: This offer is reserved for private customers (natural persons over 18 years old) residing in France and who hold a Visa or MasterCard bank card with a validity date that extends beyond the financing period selected. Cards that require systematic authorisation such as Electron, Maestro, Nickel, etc. as well as e-cards, Indigo and American Express cards are not accepted.

How to use this solution: After finalising your order, all you have to do is click on the “3x 4x Oney payment by bank card” button.

You will then be re-directed to our partner’s 3x 4x Oney web page that will display a detailed summary of your order and the personalised financing request, which you must then validate.

You must enter your personal information, or if you have a 3x 4x Oney account, you can sign in using your 3x 4x Oney account login details. You must read the terms and conditions for payment in instalments that you wish to make use of, which are provided in PDF format so that you can read, print and save them before accepting them.

You must then check the corresponding box to indicate your electronic acceptance thereof.

You acknowledge that by double clicking on the check box to acknowledge the terms and conditions, you consent to enter into the contract and this constitutes an irrevocable and unreserved acceptance of the terms and conditions of the product.

Unless proved otherwise, the data recorded by Oney Bank constitute documentary evidence of all the transactions between you and Oney Bank.

How it works: Payment in 3 or 4 instalments by bank card enables you to pay for the order placed on our website as follows:

• a mandatory deposit, debited on the date of confirmation that your order has been shipped;
• two or three monthly instalments, corresponding each to a third or a quarter of the amount of the order, debited 30 and 60 days after for payment in 3 instalments and 30, 60 and 90 days after for payment in 4 instalments.

No additional fee above the purchase price will be debited.

Examples of 3x 4x Oney by bank card, interest free, from purchases of €100 to €3,000:

Example for a payment in 3 instalments:

•  For a €150 purchase, a deposit of €50 then 2 monthly instalments of €50.

Credit over 2 months with a fixed interest rate (TAEG) of 0% Cost of the financing €0

Example for a payment in 4 instalments:

• For a €400 purchase, a deposit of €100 then 3 monthly instalments of €100.

Credit over 3 months with a fixed interest rate (TAEG) of 0% Cost of the financing €0

Oney Bank - Limited company with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX, France - Trade Reg. Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr - Contact: CS 60006 - 59 895 Lille Cedex 9, France - www.oney.fr

For more information, you will find the terms and conditions of sale of ONEY BANK here.

• Payment by bank transfer.

The average time frame to receive a bank transfer is estimated to be 15 (fifteen) days.

In the event the bank transfer is not received within this time frame, the Order will be automatically terminated and the Customer will be notified of this cancellation.

• Payment by French bank cheque

The Customer undertakes to send the cheque to the Customer within a period of 15 (fifteen) days of the Order being placed. The cheque will be cashed by BASIK AIR CONCEPT before the Product is shipped.

In the event the cheque is not received within this time frame, the Order will be automatically terminated and the Customer will be notified of this cancellation.

The Customer must guarantee BASIK AIR CONCEPT that it has all required authorisations to use these payment methods.

Payments made by the Customer will only become definitive after BASIK AIR CONCEPT has actually collected the amounts owed.

BASIK AIR CONCEPT also offers the Customer the possibility of paying for all or part of the amount of their Order by gift card or credit note, subject to both of these payment methods being validly issued by BASIK AIR CONCEPT within a period of 12 months preceding the date of the Order.

The price must be paid in full before the delivery of the Products, unless specified otherwise during the Order process and mentioned on the invoice. Once the payment has been validated, the Customer will be able to access the invoices in their online account.

1. 2. Additional payment methods available to Professional Customers

The rules of the French Commercial Code that may apply are outlined below:

• For Professional Customers, in accordance with the provisions of the French Commercial Code, the prices indicated include the discounts and rebates that BASIK AIR CONCEPT may be required to grant given its financial results or the fact that the Customer covers certain services. No discount will be given for early payment.
• In the event of total or partial non-payment of the Products delivered by the due date, the Customer must pay BASIK AIR CONCEPT a late payment penalty equal to three times the legal interest rate. The legal interest rate used is that in force on the date of delivery of the Products. This penalty is calculated on the amount, inclusive of tax, of the outstanding amount owed, and runs from the due date of the price, without the need for any prior formal notice. In addition to the late payment penalties, any amounts, including the deposit, that have not been paid by the due date shall result in the application, ipso jure, of a fixed-rate penalty of €40 for recovery costs.

Delivery is characterised by the transfer to the Customer of the physical possession or control of the Product. In the event the Products contain digital elements, the delivery also includes the supply of these elements.

Any manufacture of a Product and its delivery will only take place after the Order confirmation has been sent by BASIK AIR CONCEPT and payment for the Product has been received by BASIK AIR CONCEPT.

The Products are delivered by La Poste’s Colissimo service, either to the address provided by the Customer when placing their Order, or at the Pick-Up point selected by the Customer.

Any parcel returned to BASIK AIR CONCEPT due to an incorrect or incomplete delivery address will be shipped again at the expense of the Customer.

The Customer may, upon request, obtain a copy of an invoice sent to the invoice address instead of the delivery address, by entering these details when placing an Order.

1. 1. Delivery costs

The delivery costs applied to the Order placed by the Customer depend on the type of delivery selected, the country of delivery and the weight of the Order. The Customer is provided with an estimate of these costs before they definitively validate their Order on the Website.

1. 2. Delivery times

The average delivery time for a Product is indicated on their specific page on the Website.

Certain Products are only manufactured to order, this is the case for canopies and harness bags. The delivery time for these Products takes into account the processing and shipping of the Order by the Supplier. It may exceed 30 days, which the Customer acknowledges and accepts.

When placing an Order, the Customer will receive information about the estimated delivery time in the summary for the Order placed and in the confirmation email. These times are given for information purposes only, expressed in business days, corresponding to the average processing and delivery times.

If the Customer places an Order from a country outside the European Union, the delivery times may be longer, in particular due to customs formalities.

In any case, BASIK AIR CONCEPT may not be held liable for the consequences of a delay in delivery that is not its fault or which is due to force majeure.

In the event of non-compliance with the agreed delivery time or date for any reason other than force majeure or due to the Customer, the latter may:

• Notify BASIK AIR CONCEPT of the suspension of payment of all or part of the price until delivery is made;
• Terminate the contract if, after serving formal notice on BASIK AIR CONCEPT to deliver within a reasonable time frame, the latter has not complied within this time frame (the contract will be deemed to be terminated upon receipt by BASIK AIR CONCEPT of a new letter informing it of this termination, unless the company has remedied the situation in the meantime);
• Terminate the contract immediately in two cases:
  • BASIK AIR CONCEPT refuses to deliver the Product, or it is obvious that it will not deliver the Product, or
  • the delivery time or date is a condition precedent of the contract for the Customer, defined as such before the contract is concluded, or an express request by the Customer made before the contract is concluded.

BASIK AIR CONCEPT shall refund all amounts paid by the Customer within 14 days of termination of the contract.

1. 3. Home delivery

The Customer undertakes to provide, when placing their Order, all information required for the delivery to be carried out properly and, if applicable, a telephone number where the carrier can contact the Customer during the day.

During delivery, the Customer must, if so requested, show proof of identity.

If the Customer if absent on the day of delivery, the carrier will leave a note. The Customer must comply with the carrier’s instructions in the note, in order to organise the receipt or collection of the Product.

If the Product is not received or picked up at the carrier’s office within the time frame indicated by the carrier in its delivery note, the Product will automatically be returned to BASIK AIR CONCEPT. In the event of difficulties with the carrier, the Customer must, within the same time frame, inform BASIK AIR CONCEPT by email to the following address: basik.fr@orange.fr

The Customer is required to verify the state of the packaging and compliance of the Product, in terms of quality and quantity at the time of delivery.

If they are damaged, the Customer may state their reservations on the delivery slip, in handwritten form alongside their signature. They may report any anomaly concerning the delivery (open or damaged packaging, damage sustained, compliance with the Order, missing Product, damaged Product, etc.). Any complaints regarding apparent defects or non-compliance of the Product with the indications given when the Product was presented on the Website, as well as any damage sustained during shipping, must be confirmed in writing by the Customer and submitted to BASIK AIR CONCEPT within 48 (forty-eight) hours of receipt of the Product either by registered letter with acknowledgement of receipt to the following address: BASIK AIR CONCEPT 20 rue du Général Castelnau CS 62019 83550 VIDAUBAN, France, or by email to the following address: basik.fr@orange.fr

1. 4. Delivery to a Pick-Up point

The Customer will be notified that the Products are available at the Pick-Up point selected when placing their Order. The Customer must collect the product within the time frame specified in the notification.

The Customer may have to show valid proof of identity when collecting the Products at the Pick-Up point. Failing this, the Products cannot be collected.

The Customer is required to collect the Products ordered and shipped to the Pick-Up point within this time frame. Beyond the time frame indicated by the Pick-Up point, if the Customer does not collect the Products, BASIK AIR CONCEPT will deem this to be a refusal by the Customer to accept the delivery, and the Products will be returned to BASIK AIR CONCEPT.

For more information about collection at a Pick-Up point: https://www.pickup.fr/

For deliveries to a Pick-Up point, the Customer is also required to verify the state of the packaging and compliance 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 collection slip alongside with their signature.

Any reservations (open or damaged packaging, damage sustained, compliance with 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 acknowledgement of receipt to the following address: BASIK AIR CONCEPT 20 rue du Général Castelnau CS 62019 83550 VIDAUBAN, France, or by email to the following address: basik.fr@orange.fr

1. 5. On-site order collection

If the Customer selects to collect the Order on site, the Products will be available for collection at BASIK AIR CONCEPT’S warehouses at 20 Rue du Général Castelnau 83550 Vidauban France, by the Customer or its own carrier. They may then collect the Products during the opening hours of BASIK AIR CONCEPT, from 08:00 to 17:00 from Monday to Thursday, within a 1 year period of the Order confirmation.

If the Customer has not come to collect their Products within the time frame, the Order will be cancelled and the Customer will be refunded.

1. 6. Acceptance of the 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 have any damage or anomaly(ies) linked to shipping and no claim may be validly accepted by BASIK AIR CONCEPT, subject to the legal warranties that cover the Products.

By signing the delivery slip without issuing any specific reservations, and accepting the Products, the Customer acknowledges that they have received the goods without any damage or anomaly(ies) linked to shipping, in a fully satisfactory condition.

1. 7. Transfer of ownership - Transfer of risks

The transfer of ownership of the Products shall only take place after the Customer has paid the price in full, regardless of the delivery date.

The risks of loss or damage linked to the Products will be transferred to the Customer when the Customer or an appointed third party take physical possession of the Products. The Products are shipped at the risks and perils of BASIK AIR CONCEPT.

The Customer undertakes, if applicable, as long as the ownership/risks have not been transferred, to take every precaution to ensure the proper storage of the Products.

1. 8. Tracking an Order

For any queries regarding the tracking of an Order, the Customer may contact BASIK AIR CONCEPT using the contact form on the Website or by telephone at +33 (0)494991236. They may also view their customer account on the Website, where they can track their Order.

1. 9. Reviews

Once they have received the Product, the Customer may leave a review on the Website, in accordance with the Terms and Conditions of Use.

The provisions of this Article only apply to the Consumer Customer

1. 1. Right of withdrawal

The Customer has the right to withdraw from this contract without giving any reason within a fourteen day period.

The withdrawal period expires fourteen days after the date on which the Customer, or a third party other than the appointed carrier, takes physical possession of the Product, or the last Product in the event of a multiple Order.

To exercise the right of withdrawal, the Customer must notify BASIK AIR CONCEPT of its decision to withdraw from this contract by means of an unambiguous statement (e.g.; letter sent by post or email, to the address provided in Article 1). They may use the withdrawal form template (Appendix 1) but this is not mandatory.

They may also send their decision to withdraw via the contact form available on the Website using the “Contact Us” button. If they use this option, BASIK AIR CONCEPT will send them an acknowledgement of receipt of the withdrawal on a sustainable medium (e.g. by email).

In order to comply with the withdrawal period, the Customer must submit their notification of exercise of their right of withdrawal before the expiry of the withdrawal period.

1. 2. Effects of the withdrawal

In the event of withdrawal from this contract, BASIK AIR CONCEPT will refund all payments made by the Customer, including delivery costs (with the exception of additional costs arising from the Customer selecting a delivery method other than the least expensive standard delivery option proposed by BASIK AIR CONCEPT) without undue delay and, in any case, no later than fourteen days from the day it is informed of the decision to withdraw. BASIK AIR CONCEPT will make the refund using the same payment method used by the Customer in the initial transaction, unless it expressly agrees to a different method. In any case, this refund will not result in the Customer incurring any costs. BASIK AIR CONCEPT may postpone the refund until it has received the Product or until the Customer has sent proof of shipment of the Product, whichever comes first.

The Customer must send the Product back or return it, to BASIK AIR CONCEPT without undue delay and, in any case, no later than fourteen days from the day they have given notification of their decision to withdraw from this contract. This time frame shall be respected if they return the Product before the fourteen day period has expired.

The Customer must bear the direct costs of returning the Product.

Products must be returned in their original packaging. They must be complete (product, any accessories, labels intact, instructions) and in perfect condition. The Customer will only be liable for damage to the Product resulting from handling other than that required to establish the nature, characteristics and proper functioning of the Product. Any damaged, dirty or incomplete Product, or any Product sent after the legal withdrawal period will not be accepted by BASIK AIR CONCEPT.

1. 3. Exclusions from the right of withdrawal

In accordance with the regulations in force, it is recalled that no right of withdrawal shall be granted for Products that have been customised or been made to measure (e.g. suits, canopies, harness bags, etc.).

These provisions only apply to Consumer and Non Professional Customers.

BASIK AIR CONCEPT may only be held liable towards the Customer for events that are directly attributable to it and which would cause direct damage. BASIK AIR CONCEPT cannot be held liable for any indirect damage incurred by the Customer.

BASIK AIR CONCEPT cannot be held liable in the event of improper use, negligence or lack of maintenance of a Product on the part of the Customer, as is the case for normal wear and tear of the Product, accidents and force majeure.

BASIK AIR CONCEPT is the Data Controller for the personal data collected from Customers.

The information collected is subject to computer processing to enable BASIK AIR CONCEPT to process Customer requests and Orders.

The Customer’s personal data is retained for the period strictly necessary to achieve the purposes for each of the processing operations of BASIK AIR CONCEPT.

In accordance with the provisions of the French Data Protection Act of 06 January 1978, as well as the General Regulation (EU) on the protection of personal data no. 2016-679 of 27 April 2016, the Customer has the right to access, modify and erase their personal information. The Customer may exercise this right at any time by contacting customer services by email to the address basik.fr@orange.fr, or letter to Basik Air Concept, 20 RUE DU GENERAL CASTELNAU, 83550 VIDAUBAN, indicating your contact details (last name, first name, address, along with a copy of a signed identity document).

The Customer is urged to read the BASIK AIR CONCEPT Privacy Policy [•] (link to the Privacy Policy)

1. 1. Prior claim

In the event of a dispute, the Customer must first contact BASIK AIR CONCEPT via the Website using the contact form by clicking on the “Contact Us” button, or by post to the address: BASIK AIR CONCEPT 20 rue du Général Castelnau CS 62019 83550 VIDAUBAN, France, or by telephone: +33 (0)494991236

1. 2. Mediation

In the event a dispute cannot be resolved amicably, the Consumer Customer may submit the dispute relating to the Order or these T&CS between them and BASIK AIR CONCEPT to the consumer mediator at the following address:

Médiateur du e-commerce de la FEVAD

60 rue la Boétie – 75008 Paris, France

or online: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso

The Parties to the contract remain free to accept or reject the use of a mediator as well to accept or reject the solution proposed by the mediator, if they have opted for mediation.

1. 3. Applicable law and jurisdiction

Unless a public order provision stipulates otherwise:

• these Terms and Conditions are governed by French Law;
• ANY DISPUTE INVOLVING THESE TERMS AND CONDITIONS OF USE SHALL BE BROUGHT BEFORE THE RELEVANT COURTS OF THE COURT OF APPEAL OF AIX-EN-PROVENCE.

1. 1. Force majeure

Any circumstances beyond the control of the Parties, which prevent the fulfilment of their obligations under normal conditions are considered to be grounds for exemption of the obligations of the Parties, leading to their suspension.

The Party that invokes the circumstances mentioned above must inform the other Party immediately of their occurrence, as well as their termination.

Force majeure shall be deemed to be any unforeseen event or circumstance that is external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the Parties, despite all reasonable efforts to do so. The following are expressly deemed to be force majeure or unforeseeable events: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks, problems specific to telecommunications networks external to customers and pandemics.

The Parties shall come together to assess the occurrence of the event and to agree on the conditions under which they will continue to fulfil the contract. If the force majeure event persists beyond three months, these terms and conditions may be terminated by the aggrieved Party.

1. 2.  Non-waiver

Should any Party tolerate or waive the application of all or part of the obligations outlined in the T&CS, regardless of the frequency or duration, this shall not be deemed to be an amendment of these T&CS, nor shall it generate any right whatsoever.

(Please fill in and return this form only if you wish to withdraw from the contract.)

For the attention of [the Professional must insert their name, geographical address and their email address]:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract covering the sale of the Product (*) below:

Ordered on (*)/received on (*):

Name of the Consumer(s):

Address of the Consumer(s):

Signature of the Consumer(s) (only in the event this form is submitted in paper format):

Date:

(*) Delete as appropriate.