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Terms of Sales :

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The services presented by the site www.ecrinsvollibre.com, are offered by the company Ecrins Vol Libre SAS MELIJERY, registered with the RCS of Gap under the number RCS 851 828 871.

Within the framework of its activities, the company Ecrins Vol Libre SAS MELIJERY holds in particular:

-  FFVL approval No. 01928

-  Youth and Sports approval N° 00597 and 0006

www.ecrinsvollibre.com offers products and services, developed by Ecrins Vol Libre SAS MELIJERY, in the form of "direct services". Paragliding services can be provided directly by the Ecrins Vol Libre SAS MELIJERY company or through independent workers (instructors) working on the Ecrins Vol Libre SAS MELIJERY schedules.

The company Ecrins Vol Libre SAS MELIJERY acts as a third party to the contract formed between the Beneficiary and the Service Provider.

These general conditions of sale are valid from June 1, 2019.

Clause n°1: Conditions for exercising the activity:

All Customers are informed that the course of activities may be subject to changes either due to bad weather, aerological or material conditions that may affect safety, The Beneficiary or Customer will be informed, as far as possible, by the Service Provider or by Ecrins Vol Libre SARL MELIJERY of these possible changes.

The progress of our activity is given as an indication and we strive to respect it. If, however, we or one of our service providers were required to modify them for security or weather reasons, no appeal could be made by the Beneficiary or Client, as to the non-performance of the service. Nevertheless, (apart from purchases of gift vouchers valid for one year) the customer's payment is only collected after the service, and therefore on the condition that the service is carried out without cancellation for meteorological reasons.

In the event of payment by check, the customer accepts, if he cannot return to the school to collect it, the destruction of his check by the service provider. If he wishes this payment to be returned to him by post, he must send the company Ecrins Vol Libre SAS MELIJERY a stamped envelope bearing the recipient's address.

Sports activities are often carried out in a risky environment that pilots, monitors and instructors strive to minimize thanks to their experience and professionalism and the material means implemented. However, it is clear that they cannot guarantee 100% safety, particularly because of the objective risks specific to this environment.

 

The beneficiary or Client agrees not to exercise any recourse in respect of civil or criminal liability and to only make a complaint regarding the progress of the activity directly with the Service Provider whose contact details are provided to him at the time of booking, and its sole insurers.

Clause n°2: Validity of the offer

Our offers are subject to availability at the time of registration if a fixed date is agreed.

In the case of a reservation by "gift voucher", an expiry date, "one year" later than the date of purchase, is always stipulated on this voucher. The service must be performed during this period of validity, and the validation of a reservation date must be made at   at least one month before the expiry date of the "gift voucher".

On simple call from you, and at the latest one month before the expiry date stipulated on your voucher, we can exceptionally extend the validity date and this, only once. In this case, we will ask you to confirm this request by email and we will also send you confirmation of this postponement by email, under the following conditions:

  • Up to 1 month after the expiry date: + 10%

  • Up to 2 months after the expiry date: + 20%

  • Up to 3 months after the expiry date: + 30%

 

After the initial validity date, no postponement is possible.

 

Any cancellation of reservation made by the seller due to weather report or non-availability of the schedule, implies a postponement of validity of 1 month (from the start date of the season if there is a season).

Any activity interrupted, shortened or not consumed by the beneficiary for any reason whatsoever will not give rise to any refund.

Clause n°3:  Postponement or cancellation

Apart from the particular case of a simple reservation on a fixed date (see below), all the gift voucher services offered by the Ecrins Vol Libre SARL MELIJERY reservation center are valid for "one year", but can be carried forward within a as soon as possible in the event of bad weather or normally unforeseeable events.

Particular case :

In the case of a reservation for a fixed date, which cannot be modified by the customer, we undertake to fully reimburse the air service if it is canceled by us or by our Service Provider, namely:

  • If the security conditions require it (bad weather, aerology, etc.),

  • In the event of normally unforeseeable events (restriction, modification of airspace, aircraft problems, etc.)

 

Clause n°4: Order on the site

Identification of the parties:

  • Customer: person who purchased the service.

  • Beneficiary: person benefiting from the service, who can also be the customer.

  • Provider: Company or independent worker chosen to perform the activity or associated service.

The general conditions of sale described below detail the rights and obligations of the company Ecrins Vol Libre SAS MELIJERY and its customer in connection with the sale of the following goods: tandem(s), course(s), equipment(s) .

Any service performed by the company Ecrins Vol Libre SAS MELIJERY therefore implies the purchaser's unreserved acceptance of these general conditions of sale as soon as payment is made.

After having paid for the service or the chosen equipment online, the customer can then place his reservation order, either by telephone by calling our secretariat at 06.85.43.04.96, or by email on info@ecrinsvollibre.com.

 

Clause 5: Price

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated all taxes. Consequently, they will be increased by the transport costs applicable on the day of the order.

The company Ecrins Vol Libre SAS MELIJERY grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Clause 6: Discounts and rebates

The prices offered include the discounts and rebates that the company Ecrins Vol Libre SAS MELIJERY would have to grant taking into account its results or the assumption by the purchaser of certain services.

Clause no. 7: Discount

No discount will be granted in the event of early payment.

Clause no. 8: Methods of payment

The payment of orders is made:

  • Either by check;

  • Either in cash;

  • Either by bank card;

  • Either by an approved payment platform.

 

When registering the order for equipment, the buyer must pay a deposit of 10% of the total amount of the invoice, the balance to be paid upon receipt of the goods.

Clause no. 9: Late payment

In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay the company Ecrins Vol Libre SAS MELIJERY a late payment penalty equal to three times the legal interest rate.

The rate of legal interest retained is that in force on the day of delivery of the goods. As of January 1, 2015, the legal interest rate will be revised every 6 months (Order no. 2014-947 of August 20, 2014).

This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.

Clause n° 10: Cancellation clause

If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the allocation of damages for the benefit of the company Ecrins Vol Libre SAS MELIJERY.

Clause no. 11: Retention of title clause

The company Ecrins Vol Libre MELIJERY retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a reorganization or a judicial liquidation, the company Ecrins Vol Libre MELIJERY reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid. .

Clause 12: Delivery

Delivery is made:

  • Either by direct delivery of the goods to the buyer;

  • Either by sending a notice of availability in store to the attention of the buyer;

  • Either at the place indicated by the buyer on the order form.

The delivery time indicated when registering the order is given for information only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:

  • The allocation of damages;

  • Cancellation of the order.

The risk of transport is fully borne by the buyer.

In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR.

Clause n°13: Image rights

I give Ecrins Vol Libre SAS MELIJERY   permission to publish, exhibit or distribute the photograph(s) taken by the school and representing me. This authorization is valid for all uses (publications, website, etc.)

Clause no. 14: Force majeure

The responsibility of the company Ecrins Vol Libre MELIJERY cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force. major. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

Clause n°15: Insurance

Insurance of Service Providers or Instructors.

The Customer is informed that the Service Providers chosen by the company Ecrins Vol Libre MELIJERY are all holders of Professional Civil Liability for notoriously sufficient amounts, and have all the authorizations or diplomas allowing them to exercise their activities.

On certain activities in the form of training courses, individual insurance is necessary and will be offered to you if you do not have it. In this case this option is always stipulated on the technical sheet of the activity.

Additional insurance.

It is up to the Client or Beneficiary who considers that the level of guarantees offered by the Service Provider with regard to the activity practiced and his personal social protection is too low, to take out additional guarantees (art 37 and 38-L84-610 of the insurance code – information obligation)

During a training course, the equipment is the responsibility of the trainee. Material damage insurance is available from our company.

Clause n° 16: Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

Failing amicable resolution, the dispute will be brought before the Commercial Court of GAP.

 

Done at ANCELLE, on 01/06/2019

Legal representative of the company: DISDIER Gil

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