ARTICLE 1- PURPOSE - SCOPE OF APPLICATION

The purpose of these general terms and conditions of sale and services is to govern distance sales concluded by Starlight with Internet users via the eu.airton.shop website.

Placing an order on the Site implies the Buyer's unreserved acceptance of and adherence to the present General Terms and Conditions of Sale and Service. In this respect, the Buyer declares that he/she has read and accepted the General Terms and Conditions of Sale before placing his/her order.

The sales offers proposed by AIRTON are exclusively intended for customers having the capacity to contract, and are only related to the territory of Metropolitan France and the EU.

ARTICLE 2 - THE ORDER

To place an order on the Site, the Buyer must comply with the instructions given on the Site.

How do I order? 

The Buyer must fill in the order form with complete and accurate information.

The ordering procedure is as follows:

• The Buyer selects the products or services by clicking on the "add to basket" button corresponding to the desired product.

• Once a product has been added to the shopping cart, the buyer is invited to continue shopping or to click on "Proceed to checkout" to go to the shopping cart.

• By clicking on the "MY CART" tab, the buyer can enter the quantities of the products already added to the basket.

• From the shopping basket, the buyer clicks on "Proceed to payment", and is then invited to connect to an existing account, create an account or order without creating an account. Depending on which option you choose, you will be asked to enter your delivery and billing details, or to check your existing details.

• To continue with the order, the buyer clicks on the "Proceed to payment" button, and is then invited to check the delivery method and accept the present general terms and conditions of sale. Once these have been accepted, the buyer clicks again on the "Proceed to payment" button.

• A summary of the order is then submitted to the Buyer. They can then check and modify all or part of their order, or click on the "Continue shopping" function to add new products or services.

• The Buyer validates - definitively - the content and amount of the order. Validation - which implies express acceptance by the Buyer - is materialized by clicking on the "Pay" button, or by selecting another means of payment.

ARTICLE 3 - ORDER VALIDATION AND PAYMENT

Prices are payable exclusively in euros (€).

The Buyer pays for his order immediately in accordance with the terms specified below. 

Upon receipt of full payment of the order, AIRTON will proceed with the validation of the order.

AIRTON reserves the right not to carry out the order placed by the Purchaser in the event of impossibility of implementing the means of payment of the Purchaser like in the event of legitimate reason within the meaning of the L.122-1 article of the Code of consumption.

AIRTON will then inform the Purchaser of the refusal of its order.

Online order payment

The Purchaser enters his/her bank details on the Site during the ordering process.

AIRTON uses a secure online payment system. All bank data is encrypted to ensure that information is protected during transmission.

The refusal of authorization by the banking center automatically cancels the Buyer's order.

The Purchaser's order is validated by AIRTON as soon as AIRTON's banking partner accepts the Purchaser's means of payment.

The Buyer guarantees the Vendor that he/she is authorized to use the method of payment used to pay for his/her order, and in particular has the necessary authorizations to use this method of payment at the time the order is validated.

If an incident occurs during the registration of the Buyer's order, the latter will be null and void and the Buyer will have to repeat the ordering procedure.

ARTICLE 4 - PRODUCTS AND SERVICES

Characteristics of products and services The Buyer is informed on the Site of the essential characteristics of the products and services.

The Buyer is invited to read the instructions for use or any other information attached to the product or on the product or its packaging (precautions for use, conditions of use).

AIRTON informs the purchaser that Airton air conditioners can be commissioned by the purchaser himself, provided he uses the ReadyClim system. Otherwise, they will have to pay for the services of a certified refrigeration professional. 

Use of the products is the sole responsibility of the Buyer. Under these conditions, the Buyer is responsible for maintaining the product in good condition, and for using it in accordance with its intended purpose.

AIRTON shall in no event be liable for defects or deterioration of the products delivered resulting from abnormal or improper use after delivery of these products.

 Availability

AIRTON's offers are subject to stock availability and, where applicable, to the time limits indicated. 

The products displayed as available may no longer be available at the time of the Buyer's order. Consequently the sale is concluded only after validation by AIRTON of the order placed by the Purchaser with regard to the availability of the ordered products.

In the event of total or partial unavailability of an ordered product, the Buyer will have the option of cancelling the entire order, free of charge, or confirming the order for available items.

ARTICLE 5 - PRICES

The prices displayed on the Site are indicated in euros (€), inclusive of all taxes (VAT) and exclusive of shipping costs.

The total cost of the order, including the total price of the order including VAT at the rate effectively applicable, as well as delivery charges, will be communicated to the Purchaser before final validation of the order.

The taxes applicable to the order, and in particular VAT, are those in force on the day the order is placed.

ARTICLE 6 - SHIPPING COSTS

Some orders are subject to a shipping charge. Shipping costs for AIRTON products are the same throughout metropolitan France (excluding Corsica). Additional charges may apply within Europe.

For deliveries of accessories and spare parts, special rates may apply in metropolitan France and the European Union.

ARTICLE 7 - PRODUCT DELIVERY

The ordered products are delivered to the place of delivery mentioned on the order. The order can be delivered in several parcels at AIRTON's discretion, without additional costs for the Buyer. 

It is specified that the Buyer has the possibility of indicating a delivery address different from the billing address. 

Deliveries are made within mainland France and the European Union.

To ensure that your delivery runs smoothly, here are a few tips:

• Count your parcels and check the external condition of the packaging.
• Fill out your own delivery slip and have the delivery personnel sign for you.
• Make a note of your name, the time and date of delivery, and sign your delivery slip, making sure to check all the boxes on the slip.
• If a parcel is damaged and/or missing, please note the reference on the delivery note and specify whether the parcel is refused and/or accepted.

Please note that no claims can be accepted without following these procedures.

We remind you that the words "subject to unpacking" have no value.

ARTICLE 8 - DELIVERY TIMES

Delivery times run from the validation of the order by AIRTON which undertakes to deliver the products ordered as soon as possible. 

AIRTON makes a commitment to implement all the means necessary to the respect of the delivery periods indicated at the time of the validation of the order.

In all cases, delivery within the specified time can only take place if the Purchaser has fulfilled all his obligations towards AIRTON. 

The Purchaser agrees to provide AIRTON with a valid delivery address and accurate contact information. 

In the event of inaccurate or erroneous information, AIRTON cannot be held responsible for the impossibility of delivery.

Delivery does not include commissioning.

If the package is returned to AIRTON for incomplete address, AIRTON undertakes to contact the Purchaser to inform him of the situation and request additional information on the address or new shipping address. The costs of this new shipment as well as the related return costs, previously communicated to the Purchaser by AIRTON, will be borne by the Purchaser.

ARTICLE 9 - PRODUCT CONFORMITY

On receipt of the goods, the purchaser must check the package and its contents in the presence of the delivery person, before signing the delivery note.

If the products delivered are damaged or deteriorated, the buyer must refuse the parcel, stating the reason for refusal on the delivery note. In the absence of reservations on the delivery slip, the goods will be considered as delivered in conformity.

Once the delivery note has been signed, without any specific reservations, the carrier and AIRTON will not be held liable for any damage caused during delivery, with the exception of legal guarantees.

ARTICLE 10 - SERVICES

Services offered by AIRTON on an ancillary basis include product installation and commissioning.

The premium guarantee

The commercial (premium) warranty offered by Airton does not replace the legal warranty of conformity. You can subscribe to this warranty when you purchase your air conditioner, or within 30 days of purchase.

Full terms and conditions and benefits can be found here.

 ARTICLE 11 - FORCE MAJEURE

AIRTON cannot be held responsible for the non-performance of all or part of its obligations, due to the occurrence of an event of force majeure. 

Thus, in the event of a fortuitous event or a case of force majeure that hinders or delays the performance of AIRTON's obligations in whole or in part, the performance by AIRTON of said obligations will be suspended. 

This includes, but is not limited to, natural disasters, bad weather, war, terrorist attacks and similar events.

And more generally all events beyond the control of AIRTON, and preventing in good faith AIRTON to honor its obligations.

ARTICLE 12 - RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-21 et seq. of the French Consumer Code, the Buyer has a fourteen (14) day cooling-off period to cancel his or her order, without having to justify his or her decision.

The fourteen (14) day cooling-off period runs from the date of receipt of the product by the Buyer.

In the case of an order for several products delivered separately, the withdrawal period expires fourteen (14) days after the Buyer takes physical possession of the last product.

To exercise this right of withdrawal, the Purchaser must notify AIRTON of his decision to withdraw before the expiry of the period indicated above, recalling the order number and full contact details.

After verification by AIRTON, the Purchaser receives an e-mail confirming the registration of the exercise of his right of withdrawal.

In accordance with article L.121-21-8 of the French Consumer Code, the Buyer may not exercise his right of withdrawal: In the case of the sale of personalized products, made to the Buyer's specifications.

 Effects of withdrawal

The Purchaser will have to return the products to the address indicated by AIRTON at the time of the confirmation of the recording of the decision of retractation, pointing out the number of order and its complete co-ordinates and accompanied by the slip of return duly filled, without excessive delay and, at the latest, in the fourteen (14) days following the communication of its decision.

The direct costs of returning the products as well as the risks of return remain the responsibility of the Buyer. 

Products must be returned in their original packaging, in perfect condition, unopened and unpacked, with all accessories and instructions, and accompanied by the invoice.

The Buyer shall be liable for any depreciation of the products resulting from handling other than that necessary to establish the nature and proper functioning of the products.

In the event of a request for reimbursement, AIRTON will reimburse the Purchaser for all sums paid by the Purchaser corresponding to the sale price of the returned product minus return costs.

However, AIRTON will not reimburse the Purchaser for products opened, returned incomplete or damaged by the Purchaser. These products will be reshipped to the Purchaser at his/her expense.

Refusal to deliver

In the event of refusal of delivery during the legal 14-day withdrawal period, and in the event of a request for reimbursement by the purchaser, transport costs at a rate of €60 including VAT will be automatically deducted from the total amount of the order (excluding chronopost). 

For accessory orders (excluding air conditioners), €14.99 incl. VAT will be automatically deducted from the total amount of the order.

This fee is equivalent to AIRTON's share of the costs incurred for non-delivery and repatriation of the merchandise.

The refund will be made after receipt and verification of products by AIRTON.

AIRTON makes the refund using the same means of payment as the one used by the Buyer for the initial transaction.

ARTICLE 13 - PRODUCT WARRANTY

The Purchaser will have to return the products to the address indicated by AIRTON at the time of the confirmation of the recording of the decision of retractation, pointing out the number of order and its complete co-ordinates and accompanied by the slip of return duly filled, without excessive delay and, at the latest, in the fourteen (14) days following the communication of its decision.

AIRTON is held responsible for product conformity defects in accordance with articles L.211-4 et seq. of the French Consumer Code and for hidden defects in the item sold in accordance with articles 1641 et seq. of the French Civil Code.

When the Buyer acts under the legal warranty of conformity, he/she has a period of two years from delivery of the product in which to act.

The buyer may choose between repairing or replacing the product, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code.

The legal warranty of conformity applies independently of any commercial warranty.

The Buyer may decide to invoke the warranty against latent defects of the item sold within the meaning of Article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price in accordance with Article 1644 of the French Civil Code.

It is essential to stress that the manufacturer's warranty offered by Airton will only be applicable if the installation and commissioning of the air conditioner complies with the local laws and regulations in force in the country concerned. If this is not the case, the customer will not be able to benefit from the manufacturer's warranty, and Airton reserves the right to refuse to accept any responsibility in the event of a product problem or defect. Customers are responsible for informing themselves and complying with all applicable laws to ensure compliance with warranty conditions and the protection of their rights.

ARTICLE 14 - RETENTION OF TITLE

Delivered products remain the property of AIRTON until full and effective payment of the price by the Buyer. These provisions do not preclude the transfer to the Purchaser of the risks of loss and deterioration from the time of delivery.

ARTICLE 15 - INFORMATION - CONTACT - COMPLAINTS

For any information, request or complaint, the Buyer can contact AIRTON as follows:

• By registered mail with acknowledgement of receipt to the following address:255 Boulevard de la Madeleine, 06000 Nice

• By email to: info@airton.shop 

ARTICLE 16 - PROOF

By express agreement between AIRTON and the Purchaser, e-mails will be deemed authentic between the Parties, as will the data recorded by the automatic recording systems used in reasonable conditions of security on the Site, particularly with regard to the purpose and date of the order.

ARTICLE 17 - PERSONAL DATA / CONFIDENTIALITY

AIRTON undertakes to respect the confidentiality of the personal data communicated by the Purchaser on the Site and to treat them in the respect of the Data-processing law and Freedoms n°78-17 of January 6, 1978.

The information and personal data transmitted to AIRTON by the Buyer are subject to computer processing and may be used by AIRTON, its internal services, its subcontractors, its business partners or its assigns for :

• order processing, execution and management, 

• handling requests for information, complaints and cancellations, 

• improve the services that AIRTON offers to the Buyer

AIRTON undertakes not to communicate the information relating to the Purchaser to third parties other than its legal successors, its commercial partners and its subcontractors in charge of the management, the execution, the treatment, the delivery, the payment and/or the follow-up of the orders.

AIRTON may, however, be required to disclose such data in response to an injunction from the legal authorities.

In accordance with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, the Buyer has the right to access, modify, rectify and delete his or her personal data.

ARTICLE 18 - COMPLETENESS

In the event that one of the clauses of the General Terms and Conditions of Sale should become null and/or void due to a change in legislation, regulations or a court decision, the other clauses shall not be rendered null and void.

ARTICLE 19 - APPLICABLE LAW

The General Terms and Conditions of Sale and Services and the contractual relationship between CAMATEL and the Buyer are governed by Monegasque law.

In the event of a dispute, you must send a registered letter to the professional setting out your complaint. He or she has two months to reply, and if there is no reply or if the reply is not to your satisfaction, you may : In accordance with Article L. 612-1 of the French Consumer Code, in the event of a dispute, you may refer the matter to the following Consumer Mediator: MCP Médiation 12 square Desnouettes 75015 PARIS by post or click on the link http://mcpmediation.org and fill in the online referral form.