GENERAL SALES CONDITIONS - DELTACOPTER SRL
Art.1 : OBJECT
The general conditions of sale described hereafter detail the rights and obligations of DeltaCopter SRL and its customer within the framework of the signature of a quotation, the sending of a purchase order, or any other support mentioning an order with DeltaCopter SRL, is worth acceptance of the general conditions of sale hereafter exposed and expressly mentioned on the website of DeltaCopter SRL.
Any service provided by DeltaCopter SRL implies the buyer's unconditional acceptance of these general sales conditions.
Art.2 : APPLICATION OF THE GENERAL SALES CONDITIONS
The present general conditions of sale are applicable to all products and services sold by DeltaCopter SRL. They are applicable in their entirety for any contract concluded between DeltaCopter SRL and its customers in Belgium or abroad, regardless of the place of delivery.
No derogation to the present general terms and conditions of sale shall be admitted without the express and prior agreement of DeltaCopter SRL. Any condition contrary to the present general terms and conditions of sale set by the client, in his own general terms and conditions of purchase or in any other document, will be unenforceable against DeltaCopter SRL, regardless of the moment when it could have been brought to its knowledge.
Art.3 : ORDERS
Any order form stating the client's agreement or any quotation bearing the mention "good for agreement", or any document stating an order with DeltaCopter SRL will be considered firm and definitive as soon as DeltaCopter SRL receives it.
Art.4 : TRAINING
4.1 - Registration and billing
The reservation of the training will be effective only after the reception of the total payment of the training, or of the deposit with prior agreement, and this 7 calendar days at the latest before the beginning of the theoretical or practical training. This document is sent by DeltaCopter SRL after agreement on the nature and date of the session. The convocations, training program, access map, are sent by mail to the sponsor of the training. DeltaCopter SRL cannot be held responsible for the non-receipt of the invitation, the training program or the access plan. It is the participant's responsibility to make sure that his registration is effective.
Invoicing is done before the beginning of each session. By prior agreement, a deposit of 50% can be requested before the beginning of the training and the balance according to the agreed terms.
The invoice issued serves as a simplified training agreement.
If the training is financed by a third party (company, social promotion organization, forem, ...), the payment must be made within 2 months. After this period, the candidate who has followed the training may be required to pay the balance of the invoice for his training.
4.2 - Prerequisites and personal
trainingPre-requisites may be indicated in the training program or in the appendix. The customer undertakes to respect them insofar as this is likely to affect the quality of the training provided.
The customer undertakes to respect the requirements communicated by DeltaCopter SRL.
- No prerequisite is necessary to obtain the class 2 telepilot certificate.
- Practical training requires personal training on the part of the pilot, the academic hours will not necessarily be sufficient to pass the exam. The final decision is made by the instructor when recommending the practical exam.
If the training could not be provided due to non-compliance with the prerequisites, the entire training and related fees will be due.
4.3 - Teaching documentationThe
teaching documentation given during the training sessions is the property of DeltaCopter SRL and is protected by copyright. Any reproduction, or use for any other purpose than exclusively internal, as well as any transfer or provision to a third party, is not authorized and is constitutive of counterfeit.
Furthermore, it is reminded that DeltaCopter SRL reserves the exclusive right to provide training on its products.
Any user of the DeltaCopter SRL Training & Coaching product must be trained by DeltaCopter SRL.
4.4 - Special financial conditions for training courses
Our prices are indicated without taxes and are to be increased by the VAT at the rate in force.
Unless otherwise specified in writing, meals are not included in the cost of our training courses.
Expenses related to the training (exams, homologation and registration of aircraft, ...) are not included in the cost of our training courses.
In case of an additional session, the course will be subject to a specific additional invoice.
If the payment must be taken in charge by an organization recognized for the premiums with the training, it is up to the customer:
- to make the request to the organization on which he depends before the beginning of the training.
- to mention on the registration form the name and contact details of the organization as well as the number of the agreement for the payment.
Unless expressly notified for inter-company training, if the organization in question does not pay for the training before it begins, the invoice will be issued directly to the client.
In case of partial payment by the organization, the difference will be invoiced to the customer.
If the organization refuses to pay, the invoice will be sent directly to the client.
4.5 - Cancellations by DeltaCopter SRL or by the client
DeltaCopter SRL reserves the right to cancel a training in case of force majeure. The following are considered as such, in addition to the usual cases of force majeure or fortuitous event, without this list being exhaustive: transport strike, illness of the speaker, interruption of telecommunications, (...).
DeltaCopter SRL will then organize a new session as soon as possible and no compensation can be requested. In case the client is unable to participate in the event at the later date proposed, DeltaCopter SRL will propose an equivalent training or will reimburse the client at his request, the registration fee (10%) will be due, excluding any other compensation.
DeltaCopter SRL reserves the right to cancel a training session if the educational threshold is deemed insufficient.
In case of cancellation of a complete session by the client within 7 days, the registration fee (10% of the total invoice) is due, within 72 hours, 50% is due within 24 hours, 100% is due.
If a group class is cancelled within 72 hours without medical justification, the class is considered consumed and will not be refunded or rescheduled.
If a private lesson is cancelled within 72 hours without medical justification, the lesson is due 100%.
4.6 - Rules of Procedure
The participant undertakes to respect the conditions of the internal rules posted in each training area of which he declares to have read and accepted the terms.
4.7 - Deadlines
The training courses are given within 12 months from the first day of training attended by the client, in class, online or in the field. After this period, DeltaCopter SRL reserves the right to terminate the training.
Art.5 : PRICES
The prices of the services sold are those of the tariff in force at the day of the order. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
DeltaCopter SRL grants itself the right to modify its prices at any time. However, it commits itself to invoice the ordered services at the prices indicated at the time of the order registration.
Art.6 : PAYMENT CONDITIONS IN THE EVENT OF NO SPECIFIC AGREEMENTThe
client commits himself to pay in full the invoices of DeltaCopter SRL within the term indicated on the invoice, or in the absence thereof within 30 days. No discount will be granted in case of early payment. In case of delay of payment, a fixed indemnity of 100 € for collection costs will be due.
Art.7 : PAYMENT METHODS
The payment of orders is made by bank transfer, in cash, by electronic payment on the Internet (PayPal for example, if available)
Art.8 : DEFAULT OF PAYMENT AND PENALTIES FOR DELAY OF PAYMENT BY THE CUSTOMER
In the event of non-payment of all or part of the Services delivered on the date of receipt, any sum not paid on the due date shall automatically incur a late payment penalty of three times the legal interest rate for the current year as well as a fixed indemnity of one hundred euros for collection costs. On proof, when the recovery costs are higher than the amount of the fixed compensation.
The legal interest rate retained is that in force on the day of delivery of the goods.
This penalty is calculated on the amount TTC of the sum remaining due, and runs as from the due date of the price without any preliminary formal notice being necessary.
In case the company " DeltaCopter SRL " should call upon a third party to recover a debt, collection costs will be charged to the defaulting party.
An additional indemnity can be claimed.
Art.9 : DELIVERY TIME AND DELIVERY
DeltaCopter SRL hereby commits itself to a simple obligation of means as to the respect of the delivery dates. The delivery time indicated during the registration of the order is given only as an indication and is not guaranteed in any way. However, possible delays that could be attributable to "DeltaCopter SRL" will not give the client the right to cancel or refuse the design and execution of the project or the services designated on the commercial documents and will not give right to damages.
The delivery of the project or the services specified in the commercial documents shall only take place if the client is up to date with its obligations towards "DeltaCopter SRL". The transport risk, if any, shall be borne in full by the buyer.
In case of missing or damaged goods during the transport, " DeltaCopter SRL " takes the maximum precautions for the protection of its shipments, nevertheless, the goods travel at the risk of the addressee who will have to control the parcel as soon as he receives it and to emit, if necessary, the necessary reserves to benefit from the guarantees offered by the carrier who will bear alone the possible damages.
Postage, packing, customs, import taxes and more generally all the expenses other than those explicitly indicated as taken in charge by "DeltaCopter SRL", are to be paid by the customer.
Unless expressly guaranteed in writing, the delivery times are indicative and do not constitute a firm commitment to deliver on a fixed date.
Art.10 : RESERVATION OF OWNERSHIP
The company DeltaCopter SRL keeps the property of the sold goods until the complete payment of the price, in principal and in accessories. In this respect, if the buyer is subject to a receivership or a judicial liquidation, the company "DeltaCopter SRL" reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
The prices indicated on the commercial supports are understood in Euro, excluding taxes (HT) and delivery costs. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and are not effective for the future. The price applicable to the customer is the one in force at the time of the order. The delivery costs will, in any case, be indicated to the user before any payment.
The products sold, the deliverables or the digital files resulting from a service remain the property of the salesman until complete payment of their price, in accordance with the present clause of property reserve. If the customer fails to pay all or part of the agreed price within eight (8) days following the date of presentation of a registered letter with acknowledgement of receipt stating the said default and serving as formal notice to remedy it within the same period, the order and all orders in progress shall be terminated automatically.
Art.11 : OWNERSHIP AND TRANSFER OF RISK
11.1 Transfer of risks
"DeltaCopter SRL reserves the ownership of the project or other original products designated on its commercial documents until the full payment of their price in principal and interest.
However, the risk is transferred to the client upon delivery of the products or completion of a service.
11.2 Intellectual property and copyright
The pictures taken by " DeltaCopter SRL " are original works protected by the legislation on the intellectual property. The acquisition of the images of " DeltaCopter SRL " on graphic or digital support, does not involve the transfer to the benefit of the purchaser of the exclusive rights of property which are attached to it; their use is strictly limited to the private use of the purchaser. -
Copyrights: unless otherwise specified, all the photographs and films produced by DeltaCopter SRL are subject to the laws concerning artistic property and copyrights.
- Reproduction rights: any reproduction by any process whatsoever of the images or realizations of " DeltaCopter SRL " is forbidden without the prior purchase of the corresponding reproduction rights.
The rights are commercialized with the digital file of the image for a use such as defined by the customer who mentions at the time of the order the format, the support and the number of diffused copies.
The transfer of rights on an image or a realization does not include any character of exclusiveness except express mention and, in no case the possibility of transferring a copy of the file to third parties for free or against payment. The transfer of rights is acquired by the customer only under the condition of the perfect payment of these and of a use in conformity with the images or realizations to the use defined during the order. "DeltaCopter SRL" as well as the respective authors of the images reserve the right to refuse any use of the views in another purpose than private, except contrary mentions.
Thus, "DeltaCopter SRL" and the author of the images assign their copyrights for the diffusion of the current project, but remain holders of the copyrights for all exceptional uses in another project of these images and must be kept informed of the possible negotiations for the re-use of the same images within other productions, for which the parties, DeltaCopter SRL /the authors, will perceive negotiable
copyrights for each re-use.
Any use contrary to the above clauses of the images or realizations of "DeltaCopter SRL" without prior agreement will give rise to a minimum billing of 5 times the value of the corresponding rights.
In order to be able to justify the ownership of its images or realizations, " DeltaCopter SRL " will keep a digital copy in the original format as soon as the shooting operations are over. In case of doubt about the rights of use of the images, any clarification can be obtained by e-mail at the following address: firstname.lastname@example.org
Art.12 : LITIGATION OR CLAIMS
Any dispute or claim must be communicated by the client by registered letter to "DeltaCopter SRL" within 10 days.
No claim or dispute can be taken into account after a period of 10 days from the date of completion of a service or delivery of goods or digital files.
Art.13 : CANCELLATION
Any order accepted and cancelled by means of a tool leaving a written trace addressed to " DeltaCopter SRL ", subject to the delivery in return of an acknowledgement of receipt, without respect of a 72 hours notice before the execution of the ordered project will be invoiced in its entirety. Any accepted order having been the object of a deposit payment cannot be cancelled, except in case of force majeure or express agreement. "DeltaCopter SRL will be entitled to charge the full price as compensation, without altering its ability to sue for damages in the event that a prejudice of a higher amount than the order is demonstrated.
Art.14 : FORCE MAJEURE
The responsibility of the company "DeltaCopter SRL" cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of the Civil Code.
Art.15 : OBLIGATIONS AND RESPONSIBILITY OF " DELTACOPTER SRL
" DeltaCopter SRL " undertakes to take all the care and diligence necessary to provide quality services in accordance with the practices of the profession and the state of the art. "DeltaCopter SRL" is only responsible for an obligation of means. The digital files and original negatives of " DeltaCopter SRL " are kept in the best conditions of security, however, " DeltaCopter SRL " can refuse a new order in the exceptional case of a destruction or an involuntary alteration occurred to a negative or a digital file. "DeltaCopter SRL" undertakes to keep and give its clients a copy of the digital files or original negatives for a maximum period of six (6) months, beyond which the client becomes solely responsible for the conservation of its data.
compensation due by " DeltaCopter SRL " in case of failure resulting from a fault established against it will correspond to the direct, personal and certain prejudice linked to the failure in question, with the express exclusion of any indirect damage such as, in particular, commercial prejudice, loss of orders, damage to the brand image, any commercial disturbance whatsoever, loss of profits or customers. In any case, the amount of the damages that could be charged to "DeltaCopter SRL" if its responsibility is engaged, will be limited to the amount of the sums actually paid by the client to "DeltaCopter SRL" for the product or the service considered or invoiced to the client by "DeltaCopter SRL" or to the amount of the sums corresponding to the price of the service, for the part of the product or the service for which the responsibility of "DeltaCopter SRL" has been retained. The lower of these amounts will be taken into consideration.
DeltaCopter SRL excludes any liability in case of force majeure or fortuitous event. In the event that DeltaCopter SRL is held liable, this liability will be limited to direct damages - to the exclusion of all indirect damages - and capped at the amount of the fees actually paid for the said event. Furthermore, due to the specificities of our training field, the planned program may be adapted and no compensation will be due.
DeltaCopter SRL also excludes any liability in case of modification(s) or change(s) in the regulation(s) that affect(s) the activity of DeltaCopter SRL or the activity of its clients (e.g. in case of modification of the Royal Decree governing the use of RPAS in Belgium). DeltaCopter SRL cannot be held responsible in case the regulations in force change, and make obsolete the necessity to follow a training, or the content of a training given or to be given by DeltaCopter SRL.
Art.16 : ATTRIBUTION OF JURISDICTION, GENERAL PROVISIONS AND APPLICABLE LAW
In the event of a clause contrary or contradictory to the present general terms of sale, it is mutually agreed that the above general terms of sale alone shall prevail.
16.1 Modification of the general conditions
The present general conditions can be modified at any time by " DeltaCopter SRL ". Any modification of these terms and conditions without the written consent of " DeltaCopter SRL " is void.
16.2 Applicable law and competent courts
The language of the contract is French, subject to Belgian law, any version available in a foreign language has only an informative value. The present general conditions are subject to the application of Belgian law and the exclusive jurisdiction of the Belgian courts. It is expressly agreed that the competent courts of Nivelles shall have jurisdiction over any dispute that may arise between the parties, even in the event of summary proceedings, appeal for warranty or multiple defendants.
16.3 Amicable settlement of disputes
Except for provisions of public order, all disputes that may arise in the context of the execution of the present general conditions may be submitted to the appreciation of "DeltaCopter SRL" for an amicable settlement before any legal action. It is expressly reminded that the requests for amicable settlement do not suspend the time limits open for legal actions.
The nullity of one of the clauses of the present general terms and conditions, in particular in application of a law, a regulation or following a decision of a competent court which has become final, shall not entail the nullity of all the other clauses which shall retain their scope and continue to produce their effect. In such a case, the parties should replace the invalidated provision with a valid provision that corresponds as far as possible to the spirit and purpose of the contractual conditions.
The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of the present general conditions, will not imply in any case a renunciation to avail themselves of the rest of the general conditions. The customer declares to have read and accepted without reservation the general conditions of "DeltaCopter SRL" reproduced above.
Art.17 : REPRODUCTION AND COPYING OF THIS DOCUMENT
Any reproduction, by any means, of this document ("General Sales Conditions - DeltaCopter SRL") is forbidden without the prior written consent of DeltaCopter SRL. Any violation of this article may result in legal proceedings.