Terms & Conditions
Contents
1. General conditions of sale of services
1.1 Objective
1.2 General Provisions
1.3 Price
1.4 Retraction
1.5 Payment and down payments
1.6 Gift vouchers and credits
1.7 Cancellation
1.8 SIV course specific
1.9 Delay
1.10 Complaints and mediation
1.11 Nullity and modification of the contract
1.12 Protection of personal data
1.13 Applicable Law
1.14 Cancellation form
2. General conditions of sale of products
2.1 Objective
2.2 General Provisions
2.3 Price
2.4 Products
2.5 Terms of delivery
2.6 Payment
2.7 Withdrawal period
2.8 Guarantees
2.9 Complaints and mediation
2.10 Intellectual property rights
2.11 Nullity and modification of the contract
2.12 Protection of personal data
2.13 Applicable Law
2.14 Provisions relating to legal warranties
2.15 Cancellation form
1. GENERAL CONDITIONS OF SALE OF SERVICES
PURE Paragliding: SAS LIME with a capital of 1,000 EUROS, registered with the RCS of Annecy under the number 914 738 687, domiciled at 2519 route de Saint Ruph, Faverges, 74210 Faverges-Seythenex, FRANCE – info@pureparagliding.com – hereinafter referred to as PURE.
1.1: OBJECTIVE
1.1.1 – These General Conditions of Sale apply without restriction or reservation to all purchases of flight or paragliding between PURE and non-professional buyers (“the customer”) wishing to acquire the services offered for sale by PURE either through the pure paragliding.com website, by telephone or by email.
1.1.2 – By placing an order, the customer accepts these Terms and Conditions (T&C’s) in full.
1.2: GENERAL PROVISIONS
1.2.1 – PURE reserves the right to modify these T&Cs at any time by publishing a new version on its website.
1.2.2 – The applicable T&Cs are those in force on the date of payment of the order.
1.2.3 – The customer declares to be able to contract legally under French law or holds legal responsibility for the person to which they represent.
1.2.4 – The information recorded by PURE constitutes proof of all transactions.
1.3: PRICE
1.3.1 – The price of the products sold through on the pureparagliding.com site, or on any printed material is indicated in euros.
1.3.2 – PURE reserves the right to change their prices at any time. Any new price will supersede the old price.
1.4: RETRACTION
1.4.1 – For any purchase on the internet, the customer has the right to withdraw without giving any reason, within fourteen (14) days of the order for the purchase of services without date or period determined at the time of purchase (good, gifts, etc.)
1.4.2 – For purchases for a specific date or for which the service started before the end of the 14 days, in accordance with the law, the customer has no possibility of withdrawal.
1.4.3 – The right of withdrawal can be exercised by contacting PURE as follows:
• Email info@pureparagliding.com
• At the following times: Monday to Friday from 9:30 am – 5 pm,
• From 1st March – 31st October.
1.4.4 – A standard withdrawal form is reproduced at the end of these T&C’s.
1.4.5 – The refund will take place within 14 days from the notification of the retraction.
1.5: PAYMENT AND DOWN PAYMENTS
1.5.1 – Payment is due immediately by all modes of payment that will be proposed during the ordering process.
1.5.2 – The reservation of services is effective upon receipt of the deposit or payment. Without a deposit or payment, the reservation is not effective and can be cancelled by PURE without notice.
1.6: GIFT VOUCHERS AND CREDITS
1.6.1 – From the date of payment, the gift vouchers offered by PURE are valid for 1 year. From the date of issue, credits are valid until the end of the following season. The season is defined as from March 1st to October 31st. Beyond this period, PURE is not obliged to accept the voucher or credit held on file. The sums paid will remain acquired in full regardless of an eventual price increase of the chosen service.
1.6.2 – PURE cannot be held responsible for making a late appointment with respect to the end of validity of the gift voucher or the credit, if there are no more slots available before the expiry date of the voucher.
1.6.3 – The customer/beneficiary of the voucher must contact PURE to arrange an appointment to perform the service ordered by the customer.
1.7: CANCELLATION
1.7.1 – Paragliding is a free flight activity. As such, this practice is conditioned by meteorology and aerology. The customer is notified and acknowledges the possibility of PURE cancelling services due to adverse weather conditions, up until the last minute.
1.7.2 – PURE reserves the right to cancel the service, up until the last moment for safety reasons or, by a decision taken by a member of the PURE staff.
1.7.3 – PURE reserves the right to cancel any service, due to, including but not restricted to, force majeure, pandemic or government restrictions. PURE holds no responsibility for losses to the customer due to cancellations.
1.7.4 – Cancelled services not mentioned within 1.7.3 will be refunded or postponed according to the availability of the customer.
1.7.5 – PURE will, as far as reasonably possible, contact the customer/beneficiary of the gift voucher on the telephone number that they have supplied and/or by email, to warn them of the cancellation of the service or the uncertainty of its realisation, following changes in areological conditions.
1.7.6 – PURE will not be held responsible, if the customer/beneficiary contacted by telephone and/or by email, did not answer and/or did not take note of the message left. It is the customer’s responsibility to make sure their contact details are correct.
1.7.7 – During the course, PURE reserves the right to cancel for physical or psychological incapacity of the customer for his safety.
1.7.8 – Where the client has subscribed to the cancellation insurance, any cancellation by the customer must be notified to Meetch in line with their T&Cs.
1.7.9 – COURSES:
a) In case of cancellation by the client, the client must contact Meetch in line with their T&Cs. PURE does not offer refunds directly unless PURE has instigated the cancellation.
b) In case of cancellation during the course, PURE will adapt the billing according to the service provided:
Every ½ day will be billed at half a day,
If the customer attends the briefing and the theoretical lecture only, a participation fee of 120 euros will be charged.
1.7.10 – SIV COURSES:
Nothing within 1.7.9 will supersede 1.8
a) Full payment is required to confirm a reservation on a SIV course.
b) A deposit only may be taken for groups of 6 people or more to place an option on a course. Full payment is required before the 1st of February.
c) In case of cancellation by the client, the client must contact Meetch in line with their T&Cs. PURE does not offer refunds directly unless PURE has instigated the cancellation.
d) In case of cancellation during the course, PURE will adapt the billing according to the service provided:
1. if only one flight is made on a day, 120 euros per person will be charged,
2. if no flight is made but the pilot briefing, the material check or a theoretical lecture takes place, 120 euros per person will be charged,
3. if the customer is taken to launch but does not fly, 120 euros will be charged.
4. Any training interrupted by the pilot will be charged in full.
5. For courses outside of France between 50% to 80% of the course fee will be refunded in case of weather cancellations.
1.8: SIV COURSE SPECIFIC
1.8.1 – The 2-day course is validated when 4 flights are completed in the whole course.
1.8.2 – The 3-day course is validated as soon as 6 flights are made in the whole course.
1.8.3 – PURE reserves the right to use the client’s pictures and videos at their sole discretion.
1.8.4 – For SIV in New Zealand, PURE will share your email address with the other parties that help us run the courses.
1.8.5 –SIV courses are run in English. It is the sole responsibility of the participant to make sure that they are fluent in the language of their chosen course. PURE instructors reserve the right to halt participation of any individual if they believe that there is a risk to a student’s safety due to a language barrier.
1.8.6 – Participants can request to change the date of their course more than 30 days before the start date. Acceptance of the request will depend on availability and is at the sole discretion of PURE.
1.9: DELAY
1.9.1 – Customers are expected to arrive at PURE’s office at least 10 minutes before their time of appointment.
1.9.2 – A no-show at the meeting place will result in the cancellation of the flight, with no rescheduling possible. In this event, the full amount will be due.
1.9.3 – PURE will not be held responsible for any delay due to areological conditions.
1.9.4 – PURE reserves the right to cancel the flights at any time.
1.10: COMPLAINTS AND MEDIATION
1.10.1 – If necessary, the customer may submit any complaint by contacting PURE at the following:
• Email info@pureparagliding.com
• At the following times: Monday to Friday from 9:30 am – 5 pm,
• From 1st April – 31st October.
1.10.2 – The customer may have recourse to a consumer mediator in accordance with Title I of Book VI of the Consumer Code. 1.10.3 – In case of failure of the complaint request with PURE customer service, or in the absence of a response within two months, the customer may submit the dispute to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.
1.11: NULLITY AND MODIFICATION OF THE CONTRACT
1.11.1 – If one of the stipulations of the present contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
1.12: PROTECTION OF PERSONAL DATA
1.12.1 – In accordance with the Regulation 2016/679 of 27 April 2016 on the protection of individuals about the processing of personal data and the free movement of such data, PURE implements a personal data process which covers the sale and delivery of products and services defined in this contract.
The customer is informed of the following:
1.12.2 – PURE, as indicated at the top of these T&Cs, is the responsible entity,
1.12.3 – the processing is carried out on the legal basis of the contractual performance,
1.12.4 – the recipients of the data are the controller, its services or subcontractors in charge of marketing, computer security, sales, delivery, ordering, payment and any authority legally authorised to access the data in question,
1.12.5 – transfer outside the EU is not planned but may occur.
1.12.6 – the data will be kept for the duration of the commercial prescription,
1.12.7 – the data subject has the right to ask PURE access, rectification, erasure, limitation of the use of his personal data. It also has the right to oppose the processing and the right to portability of the data,
1.12.8 – the data subject has the right to lodge a complaint with a supervisory authority,
1.12.9 – some information requested during the ordering is essential to the establishment of the invoice (legal obligation) and the delivery of the goods ordered.
1.12.10 – No automated decision or profiling is implemented throughout the ordering process.
1.12.11 – The client gives permission for PURE to use their pictures and videos taken during the course to use at their sole discretion.
1.13: APPLICABLE LAW
1.13.1 – All clauses contained in these general conditions of sale, as well as all the purchase and sale operations, referred to therein, shall be subject to French law and the competent courts within the catchment of the head office of PURE.
1.14: CANCELLATION FORM
This form must be completed and returned only if the customer wishes to retract the order placed on the website indicating exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To PURE
I hereby notify the withdrawal of the contract for the ordering of the services below:
Date of the order:
……………………………………………………………………………………………………
Order number:
……………………………………………………………………………………………………
Customer name:
……………………………………………………………………………………………………
Customer address:
……………………………………………………………………………………………………
Signature of the Customer (only in case of notification of this form on paper):
2. GENERAL CONDITIONS OF SALE OF PRODUCTS
PURE Paragliding: SAS LIME with a capital of 1,000 EUROS, registered with the RCS of Annecy under the number 914 738 687, domiciled at 2519 route de Saint Ruph, Faverges, 74210 Faverges-Seythenex, FRANCE – info@pureparagliding.com – hereinafter referred to as PURE.
2.1: OBJECTIVE
2.1.1 – These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between PURE and non-professional buyers (“the customer”) wishing to acquire the products offered for sale by PURE either through the pureparagliding.com website, by telephone or by email.
2.1.2 – By placing an order, the customer accepts these Terms and Conditions (T&C’s) in full.
2.2: GENERAL PROVISIONS
2.2.1 – PURE reserves the right to modify these T&Cs at any time by publishing a new version on the website.
2.2.2 – The applicable T&Cs are those in force on the date of payment of the order.
2.2.3 – The customer declares to be able to contract legally under French law or holds legal responsibility for the person to which they represent.
2.2.4 – The information recorded by PURE constitutes proof of all transactions.
2.3: PRICE
2.3.1 – The price of the products sold through the pureparagliding.com website is indicated in euros.
2.3.2 – Delivery costs are calculated according to the country of destination.
2.3.3 – Delivery charges are almost always stated during the order process and are in addition to the original price of the product.
2.3.4 – For any order to be shipped outside the European Union and/or DOM-TOM, customs duties, local taxes or import or state fees may be requested. These charges will be the responsibility of the customer (statements, payment to the competent authorities etc.) PURE holds no responsibility for any additional charges and invites the customer to inquire about these charges with the competent local authorities.
2.4: PRODUCTS
2.4.1 – The choice and the purchase of a product are placed under the sole responsibility of the customer.
2.4.2 – The compatibility of the material purchased is the sole responsibility of the customer.
2.4.3 – The photographs and graphics presented on the PURE Paragliding website or the manufacturers website represent the product as precisely as possible and the colours or other representations of the products may fluctuate slightly.
2.4.4 – If a product is no longer available, PURE informs the customer as soon as reasonably possible, and if necessary, will reimburse the customer. No compensation as such will be due to the customer.
2.5: TERMS OF DELIVERY
2.5.1 – The products are delivered to the delivery address that is indicated during the order process and within the timeframe indicated. The time frame does not consider the time of preparation for the order. The address details are the sole responsibility of the customer.
2.5.2 – When the customer orders several products at the same time they may have different delivery times.
2.5.3 – From the date mentioned on the notice from the courier, the customer has a certain time limit to withdraw their article. After this period, the article will automatically be returned to the sender, at their own expense.
2.5.4 – In case of late delivery, the customer has the possibility to resolve the contract as defined by the conditions in Article L138-2 of the Consumer Code. PURE will initiate a refund of the product and the delivery expenses under the conditions of the Article L138-3 of the Consumer Code.
2.5.5 – The moment the customer takes delivery of the product(s), the risks of loss or damage of the product(s) are transferred to him. Subject to the couriers T&C’s, it is the customer’s responsibility to notify the courier of any complaints regarding the delivered product(s). If the customer becomes aware of any problem after the departure of the courier, they must report it to PURE as soon as possible (by email info@pureparagliding.com, and follow the procedure laid out in the couriers T&C’s.
2.5.6 – PURE holds limited responsibility for the delivery process of the product(s). The customer must refer to the couriers T&Cs for additional information.
2.6: PAYMENT
2.6.1 – Payment is due immediately for the order of goods, using one of the payment methods specified during the ordering process.
2.7: WITHDRAWAL PERIOD
2.7.1 – The customer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order.
2.7.2 – The right of withdrawal can be exercised by contacting PURE as follows:
• Email pureparagliding.com
• At the following times: Monday to Friday from 9:30 am – 5 pm,
• From 1st April – 31st October.
2.7.3 – In the case that the customer exercises the right of withdrawal within the period, the price of the purchased product(s) excluding shipping costs will be refunded, the return costs being borne by the customer.
2.7.4 – Product returns are to be made in their original condition and complete with original components (packaging, accessories, instructions etc.)
2.7.5 – A standard withdrawal form is provided at the end of these T & Cs.
2.7.6 – The refund will take place within 14 days from PURE having receipt of the product.
2.8: GUARANTEES
2.8.1 – The products sold on the PURE website comply with the regulations in force in France and have performance compatible with non-professional uses.
2.8.2 – The products supplied by PURE benefit from the following rights, in accordance with the legal provisions:
a) the legal guarantee of conformity, for products apparently defective, damaged or not corresponding to the order.
b) the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
2.8.3 – In order to assert his rights, the customer must inform PURE, in writing, of the non-conformity of the product as soon as possible after its delivery, or the discovery of hidden defects and return, or report, the defective product in the state in which it was received with all the elements (accessories, packaging, instructions etc.).
2.8.4 – PURE will refund, replace or repair the product or the part of the product under warranty which is deemed to be non-compliant or defective.
2.8.5 – The shipping costs will be refunded based on the invoiced rate, and the return costs will be reimbursed upon presentation of receipts.
2.8.6 – The reimbursement of the product deemed non-compliant or defective, will be made as soon as reasonably possible following the finding by PURE of the lack of conformity or the hidden defect.
2.8.7 – The refund will be made by credit to the customer’s bank account or by cheque sent to the customer.
2.8.8 – PURE hold no responsibility in the following cases:
a) failure to comply with the legislation of the country in which the products are delivered; this is the responsibility of the customer,
b) in the case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, normal wear of the product, accident or force majeure.
2.8.9 – The guarantee of PURE is, in any case, limited to the replacement or the refund of the non-compliant or defective product(s).
2.9: COMPLAINTS AND MEDIATION
2.9.1 – If necessary, the customer may submit any complaint by contacting PURE at the following:
• Email info@pureparagliding.com
• At the following times: Monday to Friday from 9:30 am – 5 pm,
• From 1st March – 31st October.
2.9.2 – The customer may have recourse to a consumer mediator in accordance with Title I of Book VI of the Consumer Code.
2.9.3 – In case of failure of the complaint request with PURE customer service, or in the absence of a response within two months, the customer may submit the dispute to a mediator who will attempt independently to bring the parties in to obtain an amicable solution.
2.10: INTELLECTUAL PROPERTY RIGHTS
2.10.1 – Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of PURE.
2.10.2 – No assignment of intellectual property rights is carried out through these T&C’s.
2.10.3 – Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
2.10.4 – If a third party wishes to establish a link with the PURE site, he must contact PURE before setting up the link pointing to the site or its content.
2.10.5 – If there are any links present on the PURE website that redirect the user to sites whose content is under the responsibility of the publishers of said websites, PURE holds no responsibility to the content of the third parties’ content.
2.11: NULLITY AND MODIFICATION OF THE CONTRACT
2.11.1 – If one of the stipulations of the present contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
2.12: PROTECTION OF PERSONAL DATA
2.12.1 – In accordance with the Regulation 2016/679 of 27 April 2016 on the protection of individuals about the processing of personal data and the free movement of such data, PURE implements a personal data process which covers the sale and delivery of products and services defined in this contract.
The customer is informed of the following:
2.12.2 – PURE, as indicated at the top of these T&C’s, is the controller,
2.12.3 – the processing is carried out on the legal basis of the contractual performance,
2.12.4 – the recipients of the data are the controller, its services or subcontractors in charge of marketing, computer security, sales, delivery, ordering, payment and any authority legally authorized to access the data in question,
2.12.5 – transfer outside the EU is not planned but may occur.
2.12.6 – the data will be kept for the duration of the commercial prescription,
2.12.7 – the data subject has the right to ask PURE access, rectification, erasure, limitation of the use of his personal data. They also have the right to oppose the processing and the right to portability of the data,
2.12.8 – the data subject has the right to lodge a complaint with a supervisory authority,
2.12.9 – some information requested during the ordering is essential to the establishment of the invoice (legal obligation) and the delivery of the goods ordered.
2.12.10 – No automated decision or profiling is implemented throughout the ordering process.
2.13: APPLICABLE LAW
2.13.1 – All clauses contained in these general conditions of sale, as well as all the purchase and sale operations, referred to therein, shall be subject to French law and the competent courts of the head office of PURE.
2.14: PROVISIONS RELATING TO LEGAL WARRANTIES
2.14.1 – For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
a) Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have it acquired, or would have given a lower price, had he known them.
b) Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
c) In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.
d) Article L. 217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.
e) It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
f) Article L. 217-5 of the Consumer Code: The property conforms to the contract:
• If it is fit for the customary use of a similar good and, where applicable.
• If it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model.
• If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labelling.
• Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
g) Article L. 217-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
h) Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period.
i) This period runs from the request for intervention of the buyer or the provision for repair of the property in question if this provision is after the request for intervention.
2.15: CANCELLATION FORM
This form must be completed and returned only if the customer wishes to retract the order placed on the website indicate exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To PURE
I hereby notify the withdrawal of the contract for the ordering of the services below:
Date of the order:
………………………………………………………………………………………………….
Order number:
………………………………………………………………………………………………….
Customer name:
………………………………………………………………………………………………….
Customer address:
………………………………………………………………………………………………….
Signature of the Customer (only in case of notification of this form on paper)