Legal notice

These terms and conditions of use govern the provision of the Website and its terms and conditions of access and use by the User.

They can be accessed on the Website at www.basik.fr

Any use of the Website implies acceptance of these terms and conditions by the User. By browsing the Website and performing actions on the Website, the User warrants that they have read and accepted them unreservedly.

In the event the User does not accept the terms and conditions, they must refrain from accessing the Website.

BASIK AIR CONCEPT reserves the rights to amend the content of these terms and conditions at any time and recommends that the User check them regularly. The amendment shall take effect as soon as the new version is posted online. Should the User not agree, they must stop using the Website.

BASIK AIR CONCEPT may stop the User from using the Website or delete their Account for any conduct that breaches these terms and conditions, without any compensation.

BASIK AIR CONCEPT offers, via the Website, the online sale of skydiving Products. The User must only use the Website for this purpose and must refrain from re-using the content posted on the Website for any other purpose.

BASIK AIR CONCEPT offers free access to the Website and the User remains solely liable for their computer equipment and their Internet connection, and shall bear the costs thereof.

BASIK AIR CONCEPT shall make every effort to ensure the widest possible availability of the Website, subject to maintenance operations on the Website or the servers on which it is hosted.

However, the User is warned of the technical risks involved in using the Internet and any interruptions to access that may result. Consequently, BASIK AIR CONCEPT cannot be held liable for any unavailability or slow operation of the Website.

It is forbidden to try to access the Website or to remain on it by any means other than the interface that is provided to the User by BASIK AIR CONCEPT for this purpose.

The Website may change at any time, in particular through the addition or removal of certain features.

The Products sold on the Website each have their own individual description that aims to inform the Customer of their basic characteristics, conditions of use, which may be made available to the Customer, in particular by means of a link to the Supplier’s website, 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.

Creating and/or holding an Account is a necessary and obligatory prerequisite for the User to be able to:

• place an order for the Products (and access the associated services, such as tracking the order);
• request a quote on the Website;
• leave a review for the Products ordered on the Website.

The User creates their Account by entering a certain amount of personal information, depending on the type of Account they wish to create (Personal Account or Professional Account).

The User undertakes to:

• provide BASIK AIR CONCEPT with accurate, up-to-date and complete information, and to ensure this information remains accurate.
• not create an Account under a false identity.
• keep their Login details private and not disclose them to any third parties whatsoever. If they notice or suspect that their Account is being used fraudulently, the Member undertakes to inform BASIK AIR CONCEPT immediately and to reinstate it using the option “forgotten password?” provided. Any connection to their Account using their Login details will be deemed to have been carried out by them.

To access the services reserved for Members, the User must log in using their login details.

Any Member who is correctly signed up may also request that their Account be deleted using the dedicated page.

All elements integrated into the Website (including text and graphic content, as well as its structure, its databases, its name, its graphic charter, its logo and trademark) are and shall remain the exclusive property of BASIK AIR CONCEPT or its partners and may be protected by intellectual property rights (e.g. trademark rights, copyright, rights over drawings and templates or database producer rights).

Any use (including reproduction, depiction, adaptation, etc.) in full or in part of one or more of these elements, on any medium and by any means whatsoever, without the prior written agreement of BASIK AIR CONCEPT, is strictly forbidden and is likely to give rise to legal action.

The following are also forbidden:

• The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database onto another medium, by any means and in any form whatsoever;
• The re-use, by providing the public with all or a qualitatively or quantitatively substantial part of the content of its database, in any form whatsoever;
• the extraction or repeated and systematic re-use of qualitatively or quantitatively insubstantial parts of the content of its database if these operations manifestly exceed normal conditions of use of the database.

The only right granted under these Terms and Conditions of Use is a simple, non-transferrable right to use the Website, which may not be sub-licensed, and applicable throughout the world.

The User is solely liable for its use of the Website and may not hold BASIK AIR CONCEPT liable for any claim and/or proceedings brought against it as a result of this use. BASIK AIR CONCEPT disclaims all guarantees, express or implied, in particular concerning the quality and compatibility of the Website for the specific uses made of thereof by the User. BASIK AIR CONCEPT does not offer any non-intrusion guarantee. BASIK AIR CONCEPT is not liable towards the User for any damage or alterations to its equipment, including but not limited to, its computer equipment, its mobile terminals or its mobile telephones.

The User undertakes to use the Website, if applicable, as well as their Account, in a responsible and lawful manner. They shall refrain from:

• Uploading to the Website and/or displaying: content that they are not authorised to transmit; illegal or harmful content, in particular content that may undermine the image of BASIK AIR CONCEPT or any third party (including BASIK AIR CONCEPT’s partners); unsolicited or unauthorised advertising or promotional material; any material containing software viruses or other computer codes, files or programmes designed to interrupt, destroy or limit the functioning of any computer software or hardware or any telecommunications equipment;
• Disrupting or interrupting the functioning of the Website or the servers connected to the Website;
• Using data mining systems, robots or any other similar automated method to collect and/or use data from the Website;
• Aggregating, copying or duplicating the content of the Website.

Hyperlinks may be present on the Website, linking to partner suppliers of BASIK AIR CONCEPT. The User may also be directed to YouTube to view videos integrated onto the Website.

The User is informed that by clicking on these links, they will leave the Website:

• BASIK AIR CONCEPT frequently verifies the hyperlinks but does not have any control over the website to which they link and cannot, under any circumstances, be held liable for their content. Similarly, YouTube videos which are linked to the Website are only provided for information purposes only and BASIK AIR CONCEPT cannot guarantee that the information provided is relevant. From a general point of view, it is up to the User to get independent information from multiple sources about the use of the Products they purchase on the Website, in particular in terms of safety.
• The User will be subject to any terms and conditions of the websites to which they are directed.

The implementation of links to the Website is not subject to any prior approval, but the person setting up this link undertakes to comply with the legislation in force. The only requirement is to explicitly mention the Website in the title of the link. However this Website must be displayed in a new window or tab in the browser. BASIK AIR CONCEPT reserves the right to request the deletion of any link that it deems to be non-compliant with the purpose of the Website (in particular with regard to these Terms and Conditions of Use), or any link that is defamatory, counterfeit, parasitic or in breach of its rights or those of third parties.

BASIK AIR CONCEPT allows Members to post Reviews of the Products they have bought on the Website.

In their Reviews, the Member undertakes to comply with the rules of conduct on the Internet and the legal rules in force.

BASIK AIR CONCEPT reserves the right to delete any Review that does not comply with these Terms and Conditions of Use.

The Member retains ownership of all of its intellectual property rights over its Review. However, by posting it on the Website, they grant BASIK AIR CONCEPT the non-exclusive and free right to depict, reproduce, adapt, broadcast and share their Review, directly or through an authorised third party, throughout the world, on any medium (digital or physical) for the duration of the intellectual property. The Member shall grant the right to use their Review on the Internet and on mobile telephone networks.

BASIK AIR CONCEPT undertakes to display the name of the Member beside each use of their Review.

The User is solely liable for any Review they post. The User undertakes not to post any Review that may undermine the interests of third parties. It is forbidden to post a Review that is unlawful, defamatory, abusive, disparaging, obscene, discriminatory or, in more general terms, any Review that infringes the rights of third parties, in particular intellectual property rights. It is forbidden to post a Review that breaches the privacy of third parties, in particular any Review that discloses confidential information or personal data about third parties.

BASIK AIR CONCEPT has no obligation to monitor and does not moderate the Reviews before they are posted or once they are posted in any way. Any legal action taken against the Website by a third party shall be the responsibility of the User.

If a User identifies a breach of these Terms and Conditions of Use by another User, they undertake to inform BASIK AIR CONCEPT immediately via the “Contact” section or by email basik.fr@orange.fr

In the event BASIK AIR CONCEPT receives notice of a Review that is manifestly unlawful, BASIK AIR CONCEPT may be required to remove this Review. BASIK AIR CONCEPT also reserves the right to exclude any User that breaches the rules outlined in this Article, from the Website or from their Account.

Unless a public order provision stipulates otherwise:

• these Terms and Conditions of Use 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. Non-waiver

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

1. 2. Partial invalidity

If any of the clauses of these Terms and Conditions of Use 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.