This document defines the general sales conditions (the « GSC ») of the online store (https://www.thestore-dassault-aviation.com/ the « Online Store»). They are applicable between:
KICK AND RUSH SA/NV, Joint stock company under Belgian law with a capital of 200.158,00 €, registered under the VAT number BE 0457855935, with headquarters in Boulevard de l'Europe 123, 1300 Waver (Belgium).
Represented by Mr. Thibaut Fontaine acting as managing director.
(hereafter called the « Vendor »),
any person who makes a purchase or wishes to do so on the Online Store, whenever he has the capacity of consumer according to the purpose of the introductory terms of the consumer code (hereafter called the « User » or the « Buyer»).
The GSC are exclusively applicable to the online sales of products by the Vendor on the Online Store.
The GSC govern the online sales contracts of products between the Vendor and any Buyer who is considered to be a consumer according to the introductory terms of the consumer code and they constitute, together with the online order, the contractual documents between the parties, with the exclusion of all other documents, prospectus, catalogues or photos of the products, which only have an indicative value.
The GSC are made available to the User on the Online Store where they can be directly read and they may also be sent to him upon a simple request by phone, email or postal mail.
The GSC are opposable to the User who acknowledges, by ticking a checkbox foreseen for this purpose, that he is aware of them and has accepted them before ordering.
The validation of the order through its confirmation indicates the acceptance by the Buyer of the GSC that are applicable on the day of the order and whose conservation and reproduction are guaranteed by the Vendor in accordance with the article 1127-2 of the civil code.
The Vendor reserves the right to modify his GSC at any moment.
In the case of a modification of the GSC, the GSC applicable to an order are those that were valid on the day of the order and a dated copy of that day may be submitted to the Buyer upon his request.
The access to purchase on the Online Store and its utilisation are reserved to those Users who have created a user account on the Online Store.
At the time of the first order, the User must follow the procedure for the creation of an account as specified on the Online Store. If the User loses or forgets his password, he can request a new password by clicking on « Password lost » on the logon screen.
The User is fully responsible for maintaining the confidentiality of his user-ID and his password.
He accepts that he will not use the account number, name, user-ID or password of another user at any moment and that he will not communicate them to a third person. He commits himself to immediately inform the Vendor in case he would suspect a non-authorised usage of his user-ID and/or his password. He has the sole responsibility of all usage of the user-ID and the password.
The products to which these GSC are applicable are the products available on the Online Store and indicated as being sold and supplied by the Vendor (the « Products »).
The Products are offered within the limits of the available stocks. Other than the reimbursement of the purchase price in case of unavailability, the Vendor shall not be liable for any cancellation indemnity, except in the case where the non-fulfilment of the sales contract would be attributable to him personally.
The Products are described and presented as precisely as possible. The photos of the Products are not contractually binding.
The Products remain in the exclusive ownership of the Vendor until the full payment of the price (all costs and possible taxes included).
The risk of loss and damage of the Products is transferred to the Buyer from the moment the Products are received by the latter or by a third person assigned by him.
The price of the Products is indicated in euros. The prices are indicated with all taxes included for the sales and shipment to metropolitan France. As of July 1st, 2021, the VAT rate of the buyer’s shipping country will be charged for sales within the EU. This EU VAT rule is applicable for consumers.
The Vendor reserves the right to change his prices at any moment, while ensuring to the Buyer the application of the price that was valid on the day of the order. The prices are posted on the site subject to obvious errors. If, for any reason (in particular an IT bug or a manual or technical error) an incorrect and obviously too low price is indicated, the order ‒ even if it is validated by the Buyer ‒ will be cancelled. The Vendor will inform the Buyer accordingly as early as possible. If the Buyer wishes to do so, he will then be able to reorder the Product at the correct and updated price (within the limits of availability).
The costs for shipping are not included in the price of the Products. The amount of the shipping costs, invoiced in supplement, is indicated in the order screen, before the Buyer validates the order.
As an exception to the second paragraph of this article 7, if one or several taxes or contributions, related to the environment for example, are created or modified, with an increase or a decrease, it will be possible that this modification will have an impact on the sales price of the Products offered on the Online Store.
The User can make his purchases on the Online Store in French and in English. Each order must be validated by the User and by the Vendor.
Once the shopping cart is validated by the User, the latter must select his mode of payment (see the article 9 hereafter), his delivery address and the shipping mode. He then validates the order.
By validating the order, the User indicates his agreement with the GSC as well as with the price and the description of the Products. Any dispute related to this subject will be treated in the context of a possible exchange and of the guaranties mentioned hereafter.
Each modification of the order by the Buyer after the confirmation of his order is subject to the acceptance by the Vendor.
The Vendor then validates the order by sending an email confirmation to the User.
In certain cases, in particular the cases of non-payment, of the specification of an incorrect address or of another problem due to the User, the Vendor reserves the right to block the order until the resolution of the problem. The Vendor also reserves the right to refuse any order for legitimate reasons and more specifically if the quantities of the ordered Products are abnormally high.
If an ordered Product is not available, the Vendor informs the User by sending an email message. In such a case the order will be cancelled for this Product and the part of the sales price related to this Product will be reimbursed. The other Products included in the same order as the unavailable Product remain ordered, with a possible reduction of the shipment costs, if applicable.
The Buyer must pay the full amount of his purchases at the time of the validation of the order. The payment will be made by bank card or by bank transfer.
The Products will be shipped to the address indicated by the Buyer during the specification of the order.
The Vendor commits himself to deliver the Products within the standard delivery period for an order as indicated on the Online Store.
If the Online Store mentions the possibility of an express delivery, the applicable delivery periods (always subject to the availability of the Product in question) are indicated on the Online Store. In these cases the Vendor will invoice the additional shipment costs to the User, as indicated on the Online Store.
When the Buyer orders several Products at the same time and these Products have different delivery periods, the delivery period of the order will be based on the longest delay. Anyway, the Vendor reserves the right to split his shipments.
When the ordered Product is not delivered on the date or at the end of the delivery period mentioned on the order form, the Buyer is entitled, after having unsuccessfully urged the Vendor to execute his delivery obligation within an additional and reasonable delay, to cancel the contract by means of a registered letter with a request of acknowledgement of receipt or by a letter written on another durable medium.
The delivery is executed through the delivery of the Product directly to the Buyer or otherwise, through the sending by the Vendor of a notice of readiness of the Product to the Buyer.
Within a delay of fifteen days to be counted from the date of the notice of readiness, the Buyer must proceed to the withdrawal of the ordered Product.
When the Product is delivered by a transporter to the address indicated on the order form, it is up to the Buyer to check the state of the delivered Product in the presence of the deliverer and, in the case of damage, of missing parts or products or if the Product is not conform to the order, he has to mention his remarks on the delivery note or on the freight bill, and he may possibly refuse the Product and inform the Vendor of his refusal.
The Buyer has the right to withdraw from the contract without specifying a motif within a delay of fourteen days, except for the products listed in article L221-28 of the consumer code for which the Buyer has no withdrawal right whatsoever.
The withdrawal period expires fourteen days after the day (i) when the Buyer, or a third person other than the transporter and assigned by the Buyer, physically receives the good, or (ii) if several Products were ordered within a single order and the goods were delivered separately, when the Buyer, or a third person other than the transporter and assigned by the Buyer, physically receives the last good.
In order to exercise the right of withdrawal, the Buyer must notify the Vendor, KICK AND RUSH SA/NV, Joint stock company under Belgian law with a capital of 200.158 €, identified under the VAT number BE 0457855935, with headquarters in Rue Saint Sébastien 8 – 1420 Braine l’Alleud (Belgium), his decision of withdrawal by means of a declaration free of any ambiguities (for example, by a letter sent by mail or by an email message).
In order to respect the withdrawal delay, it is sufficient that the Buyer will transmit his communication regarding the exercising of his withdrawal right before the expiration of the withdrawal period.
In the case of withdrawal by the Buyer, the Vendor will reimburse all the payments received from the Buyer in relation to the Product in question, with inclusion of the shipment costs (with the exception of the additional costs resulting from the case when the Buyer would have chosen delivery terms other than the less expensive standard delivery terms proposed by the Vendor), without excessive delay and in any case not later than fourteen days to be counted from the day when the Vendor will be informed about the withdrawal decision. The Vendor will proceed with the reimbursement using the same payment method as the one used by the Buyer for the initial transaction, except if the Buyer explicitly agrees with a different payment method; in any case, the reimbursement will not result in additional costs for the Buyer.
As an exception to what is specified above, the Vendor reserves the right to postpone the reimbursement until the moment when he has received the Product or until the moment when the Buyer has delivered proof of the return shipment of the good, the date withheld being the date of the first of these events.
The Buyer must return the Product to the address mentioned in the header of this document, without excessive delay and, in any case, no later than fourteen days after having communicated his decision of withdrawal to the Vendor. This delay is considered to have been observed if the Buyer returns the Product before the expiration of the delay of fourteen days.
The Buyer bears the direct costs for the returning of the good.
The responsibility of the Buyer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, the characteristics and the proper functioning of the Product. Under this hypothesis, the Vendor reserves the possibility to reduce or to refuse the reimbursement.
Independent of any commercial guarantee that possibly may be awarded by the Vendor, the latter is liable for the lack of conformity of the Products according to the conditions of the article L217-4 and following of the consumer code and for the concealed defects of the goods sold according to the conditions foreseen in the articles 1641 and following of the civil code.
The Vendor has to deliver the goods in conformity with the order and will respond to any conformity deficiencies existing at the time of delivery.
He will also respond to any conformity deficiencies resulting from the packaging, the assembly instructions or the installation when this was executed by himself or was performed under his responsibility.
Without prejudice to the non-binding nature of the photos mentioned in article 5 hereafter, in order to be conform, the Product must:
- be appropriate for the use normally expected for such a good and, if applicable:
- or present the characteristics defined in a common agreement between the parties or be suitable for any special usage required by the Buyer, communicated to the Vendor and accepted by the latter.
Any action resulting from defects in conformity ceases to be valid after two years to be counted from the date of delivery of the good.
If the Buyer wishes to make a call upon the legal guarantee of non-conformity, he needs to contact the Vendor whose coordinates are indicated in the header of this document.
When a call is made upon the legal guarantee of non-conformity, the Buyer:
- disposes of a two year time period to act, to be counted from the day of the delivery of the Product;
- has the choice between the repair or the replacement of the Product, subject to the cost conditions foreseen in the article L217-9 of the consumer code;
- is exempted from the reporting of the proof of the lack of conformity of the good during the twenty four months following the delivery of the Product.
The Vendor is bound to the guarantee on account of the hidden defects of the object sold that make it unsuitable for the purpose for which it was destined, or that reduce this usage in such a way that the Buyer would not have purchase it, or would have paid a lower price for it, if he had known these hidden defects.
The action resulting from critical defects must be brought by the Buyer within a period of two years to be counted from the moment when the defect was discovered.
The Buyer may decide to make a call on the guarantee of hidden defects on the object sold according to the conditions described in the article 1641 of the civil code. In this hypothesis, he may choose between the cancellation of the sale or a price reduction in accordance with the article 1644 of the civil code.
To exercise his right to one of these guarantees, the Buyer must contact the after-sales service of the Vendor. The coordinates of the after-sales service coordinates are indicated in the header of this document.
After having consulted the after-sales service, the Buyer may return the products to the Vendor to have them replaced or repaired. In order to obtain a reimbursement of the return costs, the Buyer must provide a proof of these costs to the Vendor. The Vendor may also decide to have the products picked up at his costs at the Buyer’s location.
If the Buyer returns the Products to the Vendor, he will be requested to join to the Products a printed and filled out form that will be provided to him by the after-sales service of the Vendor.
The computerised records stored under reasonably secure conditions in the information systems of the Vendor and of his partners will be considered as the proof of the communications, orders and payments exchanged between the parties.
The order forms and invoices will be archived by the Vendor on a reliable and long lasting medium.
The Vendor cannot be held responsible if the failure to execute his obligations is due, either to the unpredictable and insurmountable act of a third party, either to a case of force majeure (for the Vendor or for his subcontractors and partners).
The responsibility of the Vendor cannot commit for the non-conformity of the Product to the legislation applicable to the Buyer if it does not refer to the French law. In such a case, it is up to the latter to verify whether the Product is not prohibited for sales in the country concerned.
The Vendor cannot be held responsible for any inconvenience or damage related to the use of the internet such as a service interruption, an outside intrusion or the presence of IT viruses.
In the case of damage caused by a security defect of the Product, the Buyer must appeal in the first place to the responsibility of the manufacturer as indicated in the information mentioned on the packaging of the Product.
The elements of the Online Store, being visual as well as audible, including the underlying technology, are protected by the laws of intellectual property. The brands, logos, illustrations and models presented on the Online Store are the exclusive property of DASSAULT AVIATION or of a company related to the latter.
Their distribution cannot be construed in any case as the granting of any licence whatsoever or of any right to use these brands or these elements protected by copyright. As a consequence they may not be used, under penalty of civil action or penal proceedings for counterfeit or for an action of unfair competition.
In this way, no document coming from the Online Store may be copied, reproduced, republished, downloaded, posted, transferred or distributed, in any way possible.
Any hypertext link that redirects the User to the Online Store through the technique of framing or of
in-line linking is interdicted. In any case, each link must be removed on a simple request by the Vendor.
When the User uses the Online Store, some of his personal data will be treated.
The User is urged to check the tab « Declaration of confidentiality » on the Online Store for all information regarding this subject and available here
The Vendor draws the attention of the User to the fact that, since his phone details are submitted and in accordance with articles L223-1 and following of the consumer code, he has the right to subscribe to the objection list to telephone solicitation Bloctel.
If one or several of the provisions of these GSC are declared invalid, unlawful or inapplicable, this invalidity, unlawfulness or inapplicability will not affect the validity of the other provisions. Each party will make the necessary efforts to agree, immediately and in good faith, on valid provisions to replace them.
If the User has some questions or complaints regarding the purchased product, he may contact the after-sales service of the Vendor, by phone or by email. The coordinates of this service are indicated in the header of this document. The User may equally contact the Vendor using the contact screen.
The User disposes of the right to refer to a mediator in the event of a dispute.
The mediation is a process for the friendly settlement of disputes. It is free of charge, confidential and fast and each party is free to accept it or to interrupt it at any moment.
The mediator for the consumer business is an independent person who has the mission to propose a solution for the dispute that is opposing the professional and the consumer.
In order to apply for mediation, the following process must be followed:
- Before submitting the case to the mediator, the User addresses a written complaint to the Vendor as indicated in the article 18.1 above;
- If within a delay of one month to be counted from his written complaint, the User receives a reply that is not satisfactory or no reply at all, he may submit the case to the mediator
Association des Médiateurs Européens
11 place Dauphine
In any case the parties stay free to accept or to refuse the use of the mediation, as well as, in the case of the use of the mediation, to accept or to refuse the solution proposed by the mediator.
These GSC, all utilisation of the Online Store and each purchase contract resulting from it are subject to French law.
IN CASE OF A DISPUTE, THE FRENCH COURTS HAVE JURISDICTION.
The online merchandising of Dassault Aviation, Limited Company, with a capital of 66,789,624 Euros, registered at the R.C.S. in Paris under number 712 042 456, headquartered 9, Rond-Point des Champs Élysées Marcel Dassault, 75008 Paris (hereinafter referred to as « Dassault Aviation ») is distributed by KICK AND SA/NV, Boulevard de l'Europe 123, 1300 Waver (Belgium) and bearing the company number BE0457855935 (hereinafter referred to as « Kick and Rush ») and can be ordered on the Web Shop The Store (hereinafter referred to as the « Web Shop »).
As part of its browsing on the Web Shop, the Internet user (hereinafter the « User ») may, if he wishes to make orders on the Web Shop, require for Kick And Rush, acting on behalf of Dassault Aviation, to collect and process personal data within the meaning of the European Regulation (EU)
2016/679 of the European Parliament and the Council of 27 April 2016 (hereinafter referred to as the « GDPR ») and the French law number 78-17 of 6 January 1978 relating to computer science, files and amended freedoms (hereinafter collectively referred to as the « Regulation »).
Dassault Aviation is the controller for the processing, within the meaning of the GDPR, of all personal data located on the Web Shop. Kick And Rush is the processor, within the meaning of the GDPR, and
processes such data on behalf of Dassault Aviation. As such, Dassault Aviation and Kick And Rush are committed to meeting their respective obligations under the GDPR.
1. Identity and contact information of the controller
The personal data are processed by Dassault Aviation as the controller within the meaning of the GDPR.
The contact details of Dassault Aviation's data protection representative are: 78, Marcel Dassault Wharf - 92 210 Saint Cloud and email@example.com.
The personal data are processed by Kick and Rush as the processor within the meaning of the GDPR. The contact details of Kick and Rush’ data protection representative is Mohamed.firstname.lastname@example.org
3. Collection of the User’s personal data
This is the case when the User creates an account on the Web Shop. These include, for example,
user identification data (name and surname, address, date of birth, IP address) and user contact
information (email address or telephone number).
This is the case when the User proceeds to payment of an order made on the Web Shop, through his
User account (bank details).
Some data is automatically collected through cookies. For more information about cookies, we refer
Kick And Rush processes the User's personal data only for lawful purposes:
In the first three cases (1. 2. and 3. above), the processing of the User's personal data is necessary for the execution of a contract to which the User is a party, having placed an order on the Web Shop, in accordance with Article 6.1 (b) of the GDPR. In the fourth case (4. c i above) , the processing of the User's personal data is necessary to comply with a legal obligation, in accordance with Article 6.1 (c) of the GDPR. In the fifth case (5. above), the processing of the User's personal data is within the framework of:
Kick And Rush undertakes to treat the User's personal data diligently, confidentially and in accordance with the GDPR. These data are processed only by Kick And Rush employees having strictly a "need to know" to carry out their functions relating to the management and operation of the Web Shop. Kick And Rush undertakes not to, directly or indirectly, fully or partially, disclose such data to a third party or to reproduce them or have them reproduced. By derogation from the above, Kick And Rush may disclose such data to its suppliers, subcontractors and partners having strictly a "need to know" to carry out their functions related to the management and operation of the Web Shop. Kick And Rush has put in place appropriate technical and organizational security measures to prevent destruction, loss, tampering, modification, unauthorized access or disclosure by mistake to third
parties of data collected from the Web Shop, as well as any other unauthorized processing of this data.
The User's personal data is stored:
In any event, the User has the right to access his personal data. Users also have the option to request that their personal data be changed or deleted. The User may also withdraw his consent, object to the processing of his personal data or request the restriction of it and exercise his right to portability.
The User also has the right to file a complaint with the supervisory authority, namely the Commission Nationale de l’Informatique et des Libertés (« CNIL »).
For any request to exercise his rights, the User can send a written letter to the data protection representative of Dassault Aviation at 78, marcel Dassault 92 210 quai Saint Cloud or at the e-mailaddress email@example.com.
It is also specified that any purchase made on the Web Shop is subject to the terms and conditions of the Web Shop. You will find these terms and conditions here.