Terms and Conditions (Repairs)

Preamble

These general terms and conditions of sale apply exclusively between Powerloop (Vincent Galard) and any person visiting or making a purchase via the https://www.reparation-drone.com website.

Any Internet user may consult the General Terms and Conditions of Sale on the https://www.reparation-drone.com website. (hereinafter the "Site"). These General Terms and Conditions of Sale may be subject to change. The applicable conditions are those in force on the Site on the date you sign your quotation.

1. GENERAL

1.1 These general terms and conditions of sale (GTCS) are validated by each customer to enable him/her to place an order (by signing the quotation). Consequently, placing an order implies the customer's full and unreserved acceptance of these terms and conditions. They are applicable to all repairs accepted by Powerloop (Vincent Galard).

1.2 In the event of any contradiction between these General Terms and Conditions of Sale and any other document drawn up prior to the date of the invoice or the customer's General Terms and Conditions of Purchase, these General Terms and Conditions of Sale shall prevail. Unless expressly accepted in writing by Powerloop (Vincent Galard), any contrary condition imposed by the customer will be unenforceable against Powerloop (Vincent Galard), regardless of the time at which it may have been brought to Powerloop's attention. Powerloop may stipulate special conditions for the use of its products and services notwithstanding the provisions of these GTC.

1.3 The contract image will be stored on a physically unalterable medium. It is agreed between the parties that this image will have the legal value of an original document.

1.4 The transfer of risks takes place when the products are handed over to the carrier on Powerloop's premises. Products are therefore transported at the customer's risk, and it is the customer's responsibility, in the event of a problem, to lodge a complaint with the carrier within three days of receipt of the products.

2. REPAIR

2.1 Conditions for carrying out a repair

You declare that you are at least 18 years of age and have the legal capacity or parental authorization to sign the repair estimate. All repairs carried out on the Site must correspond to the normal needs of a household.

2.3 Preliminary estimate

The first estimate for the repair of an aircraft or radio control is free of charge, and cannot be invoiced to the customer. Powerloop (Vincent Galard) reserves the right to charge for new estimates, should the customer request unjustified modifications.

2.3 Contract conclusion stages

The repair contract is concluded when the deposit is paid online, or when the signed quotation is returned by e-mail. This constitutes our acceptance of your repair, and thus the sales contract between you and us.

If, exceptionally, you choose to pay by cheque, your repair will only be processed on receipt of the cheque, and the applicable deadlines are those on the day the cheque is received.

2.3 Refusal of quotation

The customer is free to refuse all or part of the repairs stipulated in the quotation (with the exception of those deemed mandatory for safety reasons). In the event of a total refusal, the customer will be solely responsible for the cost of return transport.

3 SERVICE IMPLEMENTATION

With regard to repair services, as well as data recovery and backup services, Powerloop (Vincent GALARD) undertakes to take all the care customary in the profession for the implementation of the service. Nevertheless, due to the inherent uncertainty of these activities, Powerloop (Vincent GALARD) will not be subject to an obligation of result, but only of means.

4. DELIVERY

4.1 Delivery

The customer undertakes to provide, at the time of repair, all the information necessary for delivery to guarantee its successful completion (and in particular the telephone number where the carrier can reach him during the day).

The transfer of risks takes place when the products are handed over to the carrier on the premises of Powerloop (Vincent GALARD) or any of its service providers. Products are therefore transported at the customer's risk, and it is the customer's responsibility, in the event of a problem, to lodge a complaint with the carrier within three days of receipt of the products.

When using the So Colissimo delivery service, the customer understands and accepts that Powerloop (Vincent GALARD) may transmit to the latter his email address in addition to his geographical and telephone contact details.

Delivery is made by delivering the products to a carrier on the premises of Powerloop (Vincent GALARD) or any of its service providers, or by making the product available.

At the time of delivery, the customer or recipient of the products must be able to provide proof of identity if requested to do so.

After opening and checking the contents of the package(s) in the presence of the carrier, the customer undertakes to sign the delivery receipt presented by the carrier. In the event of a problem: damaged guarantee tape, broken package, missing or damaged products, etc., the customer will record any reservations corresponding to the observations made on the delivery slip, have the delivery person co-sign it and keep a copy of the document.

NB: these reservations must be very precise (which product presents which damage) to be taken into account and give rise to a replacement.

By signing the delivery receipt without expressing any reservations, and accepting the products, the customer acknowledges having received the goods in a condition with which he is completely satisfied.

Consequently, no claims relating to the condition of the products delivered will be accepted.

If the customer is unable to deliver (e.g. by failing to keep a delivery appointment, or by failing to collect a parcel after a delivery notice has been sent ....), the customer will forfeit his or her share of the delivery costs.

Powerloop (Vincent GALARD) may retain or return defective parts that have been replaced during repair, unless the customer explicitly states otherwise when accepting the quotation.

Delivery does not include commissioning.

4.2 Complaints

Without prejudice to the arrangements to be made with the carrier, complaints about the product supplied must be made in writing within the following time limits:

30 days for non-delivery within the European Union, 90 days for non-delivery to other countries.

The delivery date, as defined in article 2.1. of these GCS, is the starting point for these periods. It is the customer's responsibility to provide proof of the defect or anomaly.

Any return of a product must be the subject of an express written agreement between Powerloop (Vincent GALARD) and the customer. Any product returned without this agreement will be held at the customer's disposal for 3 months and will not give rise to a credit note.

In the event of an apparent defect or non-conformity of the products, duly noted by the seller under the above conditions, the customer may obtain a free replacement or a credit note after qualitative and quantitative verification of the returned products, to the exclusion of any compensation or damages.

Powerloop (Vincent GALARD) is not liable for defects or deterioration caused by natural wear and tear or by an external accident (incorrect assembly, faulty maintenance, abnormal use, infection by a computer virus) or by an unplanned modification to the product.

4.3 Costs and risks of returning products

The return of a product to Powerloop (Vincent GALARD), for any reason whatsoever, will be subject to prior written agreement, and will be at the customer's expense, who will bear all costs (transport, customs, taxes, etc.) and risks. In addition, the product must be returned in its original packaging and undamaged.

5. DEADLINE

5.1 We undertake to take all the care customary in the profession to implement the service offered to the customer as quickly as possible. Nevertheless, all lead times for the service provided by Powerloop (Vincent GALARD) are indicative. These times are estimated on the basis of average times recorded by our services. These indications in no way constitute a contractual commitment on the part of Powerloop (Vincent GALARD). Failure to meet these deadlines may not under any circumstances give rise to a claim for damages of any kind.

Powerloop (Vincent GALARD) reserves the right to make "commercial gestures" to customers who have experienced abnormal or unusual delays, without this becoming a contractual obligation.

5.2 As Powerloop (Vincent GALARD) has fulfilled its delivery obligation by handing over the products to the carrier or by placing the product online, the delivery times it communicates are consequently given as an indication, as they are the responsibility of the carrier.

5.3 As the risks are transferred to the customer when Powerloop (Vincent GALARD) hands over the products to the carrier, no compensation may be claimed by the customer from Powerloop (Vincent GALARD) in the event of a delay in delivery due to a cause outside Powerloop (Vincent GALARD) (in particular acts of God, force majeure, acts of a third party, etc.).

5.4 Abandonment of the machine: After Powerloop (Vincent GALARD) has proposed a repair estimate, if the drone is still in the custody of Powerloop (Vincent GALARD) one year and one day after receipt of the machine on our premises, it is definitively considered as abandoned. This includes peripherals, accessories and, more generally, everything entrusted to Powerloop (Vincent GALARD) at the time of deposit for diagnosis.

6. PRICE AND PAYMENT

6.1 The prices indicated on the accepted quotation correspond to the prices described and appearing on the price list in force on the day the repair is accepted. Prices are communicated to the customer on request.

6.2 The products and services described and listed on the https://www.reparation-drone.com website, and the corresponding prices, are provided for information only and are subject to change at any time without prior notice to customers. In the absence of modification, prices are deemed firm upon acceptance of the repair by Powerloop (Vincent GALARD).

6.3 Several payment methods are available depending on customer and product requirements. Powerloop (Vincent GALARD) may modify or add to these methods without prior notice.

6.4 All repairs accepted by Powerloop (Vincent GALARD) are payable on the due date stipulated on the invoice. No discount will be granted for early payment.

6.5 All sums due must be paid before the return shipment of the products to be repaired. Powerloop reserves the right to delay shipment until the amount of the service indicated on the initial quotation has been paid.

6.6 Each repair is invoiced upon completion. Any dispute by a customer concerning an item which the customer has omitted to supply to Powerloop (Vincent GALARD) shall in no way invalidate the invoice. This invoice must be paid by the customer.

6.7 Any delay in payment under the terms of these GCS will automatically incur interest at a rate indicated on the invoice, this rate being at least equal to 1.5 times the legal rate in force, without this clause affecting the due date of the debt.

6.8 In the event of non-payment for products supplied by Powerloop (Vincent GALARD) under the conditions set out in these GTC, Powerloop (Vincent GALARD) reserves the right :

- Stop shipments in the event of non-payment,

- To refuse any subsequent repair by the same customer in the event of a dispute on his part concerning a repair previously carried out, except in the event of an error attributable to Powerloop (Vincent GALARD).

These transactions do not extinguish the customer's debt to Powerloop (Vincent GALARD)

6.9 Delivery costs (packaging, loading, customs) are at the customer's expense, delivery being made to Powerloop (Vincent GALARD).

7 WARRANTY AND LIABILITY

7.1 You benefit from the provisions of the legal warranty against hidden defects.

7.2 We undertake to take all the care customary in the profession to implement the service offered to the customer. Nevertheless, we cannot be held liable in the event of failure to meet our contractual obligations as a result of an act of God or force majeure as defined by the case law of the French courts.

7.3 We use our best endeavours to provide the services described in these General Terms and Conditions of Sale. We are liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract between us and you. In no event will we be liable for any loss of profits, loss of business, loss of data or loss of profits or any other indirect or consequential loss or damage which was not foreseeable at the time of use of the Site, the performance of the service or the conclusion of the contract of sale between us and you.

7.4 In the event of damage, loss or theft of equipment, or part of the equipment, entrusted by you to Powerloop (Vincent GALARD), during its stay on the premises of Powerloop (Vincent GALARD) or one of its service providers: the amounts of reimbursements may not exceed the value declared by you for transport insurance or at the time of delivery of your equipment to Powerloop (Vincent GALARD). Under no circumstances may these facts give rise to a claim for reimbursement or damages of a higher amount.

7.5 Powerloop (Vincent GALARD) cannot be held responsible for the total or partial loss of data contained on the media entrusted to it. Powerloop (Vincent GALARD) does not guarantee its ability to recover, save and store your data.

7.6 Repairs are guaranteed for a period of 3 months (excluding the cases mentioned above), products and spare parts are subject to the rules of the warranty relating to their manufacturer.

7.7 The replacement of damaged parts that jeopardize the safe flight of the aircraft after the repairer's intervention and that are expressly refused by the customer, despite a warning, may result in Powerloop (Vincent GALARD) not contractually guaranteeing the entire repair. In fact, Powerloop (Vincent GALARD) cannot be held responsible for applying the warranty if any problem occurs within 3 months of the drone being returned to its owner. The owner must therefore explicitly waive the warranty in writing before any work has begun, if he wishes to carry out the ancillary repairs.

7.7 Right of withdrawal (excluding IT professionals) :

Pursuant to Article L121-20 of the French Consumer Code:

The consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods. The period referred to in the previous paragraph runs from receipt for goods or acceptance of the offer for services.

As mentioned in article 4.2, any return of a product must be the subject of an express written agreement between Powerloop (Vincent GALARD) and the customer. Any product returned without this agreement will be held at the customer's disposal and will not give rise to a credit note.

After 3 months, unclaimed products become the full property of Powerloop (Vincent GALARD).

7.8 Exclusions from the right of withdrawal :

Pursuant to Article L. 121-20-2 of the French Consumer Code and by agreement between Powerloop (Vincent GALARD) and the consumer:

The right of withdrawal cannot be exercised for the following contracts:

- the supply of services whose performance has begun, with the consumer's agreement, before the end of the seven-day period (e.g. the repair of equipment that has already begun following acceptance of a quotation by the customer).

- the supply of unusual goods that have been specifically repaired to meet a consumer's unique requirements and can no longer be returned to the supplier or manufacturer, in particular imported goods. By convention, these goods are assimilated to "goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be reshipped".

Furthermore, these provisions only apply to purchases made via distance selling; purchases made on site in our workshop are therefore excluded.

Nevertheless, Powerloop (Vincent GALARD) reserves the right to accept returns in certain cases, with or without a discount on the value of the product, without this ever constituting a contractual obligation.

7.9 Special warranty conditions

Given the way cameras are manufactured, pixel defects are sometimes unavoidable. They only constitute manufacturing defects if they deviate from the specifications and tolerances announced by the manufacturer.

Powerloop (Vincent GALARD) offers the possibility of exchanging a camera with pixel defects for a flat fee of 30 euros. Return postage is at the customer's expense.

The company Powerloop (Vincent GALARD) is not the producer of all the products presented, in the sense of the law n°98-389 of May 19, 1998 relating to the responsibility for defective products.

Powerloop (Vincent GALARD) will ensure that the warranty is applied to any product returned as soon as possible. However, when repairs require the product to be returned to the manufacturer, Powerloop (Vincent GALARD) cannot be held responsible for any delays caused by the manufacturer. In addition, the Powerloop (Vincent GALARD) after-sales service selects the carrier responsible for delivering the goods to the customer.

In the event of the return of non-defective equipment, you will be charged a flat-rate handling and diagnostic fee of €15 (incl. VAT). Please check before returning that your problem is not the result of a faulty installation or configuration, a diagnostic error, or due to software or hardware incompatibility.

If the customer does not pay this flat rate of €15 (incl. VAT), the returned products will become the full property of Powerloop (Vincent GALARD) after 3 months from the date of the online payment request.

8 SITE ACCESS LICENSE

We grant you a limited license to access and use the Site for your personal use. Under no circumstances may you download or modify all or part of this site without our express written permission. This license does not permit you to use, for sale or for any other commercial purpose, this site or its contents (products listed, descriptions, prices, downloading or copying of information on behalf of another merchant, use of data, software, sound extracts, graphics, images, text, photographs, tools).

This site or any part of it may not be reproduced, copied, sold or exploited for any commercial purpose without our express written permission. You may not use any techniques to copy any trademark, logo or other information (including images, text or designs) owned by us without our express written consent. You must not use meta tags or any other "hidden" text containing our name, our brand or that of our group companies without our express written consent. Any unauthorized use will terminate the license We have granted You.

We authorize you, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the site on condition that this link cannot create for us or for any of the companies in our group, or for our products or services, a misleading, false or pejorative character or one that could be prejudicial to us. Under no circumstances may the creation of this hypertext link engage our responsibility, in any capacity whatsoever, for the content of your site. Any use of our logo, trademark or graphics in your link requires our express written authorization.

9. APPLICABLE LAW

In the event of a dispute giving rise to litigation, the law applicable to the commercial relations between Powerloop (Vincent GALARD) and the customer is French law, to the exclusion of all others.