General conditions of sale

Article 1: Purpose

The purpose of these general terms and conditions of sale (hereinafter the “GTC”) is to define the conditions in
which the company AirChips Nutrition, SAS with capital social security of €110,000, registered with the RCS of AUBENAS under No. 793 927 294, having its registered office at 171 RUE ALEXANDRE DUMAS 07500 GUILHERAND-GRANGES, offers for sale online organic, nutritional or functional food products and innovative food supplements complying with European and French regulations, both in
their composition and their presentation in light of the state of current technical and scientific knowledge, to end consumer customers and retail resellers, on its website airbar.fr

The effective order of Air Chips products is open to any Internet user respecting the General Conditions of Use of the site.

To place an order online, the Internet user must first register by creating a personal account on the site, then enter the corresponding identifiers and password that the company AirChips Nutrition will assign to him personally in return.

Article 2: Glossary and Definitions

The following terms, the first letter of which appears in capital letters, whether used in the singular or plural, in the T&Cs, have the following definition:

Customer: means the individual consumer (the Consumer Customer) or the retailer reseller (the Professional Customer) who purchases Products;

Consumer Customer: means the natural person who purchases Products on the Site to meet his
personal needs and not for professional purposes, as provided for in Article 2 of Directive 2011/83/EU of 25 October 2011.

Retailer Reseller Customer: means the customer who purchases Products on the Site for the needs of his professional activity and not for personal purposes, whether commercial, industrial, craft or liberal.

Order: means the act of purchasing a Product made by the Customer in accordance with the General Terms and Conditions, whether it is an order with payment obligation.

Personal Account: means the account created by the Client on the Website and accessible by the latter using a username and password.

Personal data: refers to personal information relating to Customers and collected by the company AirChips Nutrition in the context of Orders placed on the Website, and is protected in accordance with the laws in force.

Basket: means the Order awaiting confirmation: the Basket is attached to the Customer's personal Account;

Product: means the products offered for sale by the company MFB on the Site and whose essential characteristics are described on the Site;

Site: means the website published by the company AirChips Nutrition accessible at the address airbar.fr

User or Visitor: means a person, natural or legal, consumer or professional Customer, who consults the AirChips Nutrition company website at the address airbar.fr

for information or to place an order

Article 3: General Conditions of Use (GCU) of the airbar.fr Website COMPLETE

Any Visitor to the AirChips Nutrition website must read these General Conditions of Use (GCU) before using this website.

These Website Terms of Service apply to all visits to and uses of the Website, as well as to the content, information, recommendations, products and services offered to you on or through the Website.

By accessing or using the Website, the Visitor agrees to comply with all of these Website Terms of Use, in addition to any other legislation or regulations applicable to the Website and the Internet more generally.

3.1. All content presented or displayed on the Website, including logos, icons, trademarks, text, graphics, photographs, images, moving images, sounds, illustrations and software ("Content") belongs to AirChips Nutrition, its partners or content providers and is or may be protected by copyright, database rights, trademark rights and other laws relating to intellectual property rights.

Except as expressly authorized under these Website Terms of Use, no part or element of the Website or its contents may be copied or transmitted by any means.

3.2. Copyright on all content belongs to and remains the property of AirChips Nutrition or its partners.

Unless otherwise specified on the Website, the Visitor is authorized to view, print and download the Content found on the Website solely for informational, personal and non-commercial purposes.

Any modification, copying, transmission, reproduction, publication of any content of the Website is prohibited.

Any authorized downloading of software from the Website does not transfer any ownership rights in the software and its contents to the Visitor.

The saving or reproduction, even partial, of the Website on another external site or the creation of links, hypertext links or deep links between the airbar.fr Website

and any other website is prohibited.

3.3. The Website and its contents are provided free of charge and as is without any warranty whatsoever.

The information on the Website is for general information purposes only.

Similarly, AirChips Nutrition cannot represent or guarantee that the Website will operate without interruption or contain any errors.

3.4. The Visitor uses the Website at his or her own risk. AirChips Nutrition, its directors and employees, as well as any other service provider involved in the creation, production or provision of the Website shall not be liable for any direct, indirect, special, consequential or other damages arising from the use of the content available on the Website, the inability to use it, including damages caused by viruses or the inaccuracy or incompleteness of the information on the Website.

3.5. The use of links to websites through the AirChips Nutrition website airbar.fr is at the sole risk of the Visitor. AirChips Nutrition is not and cannot be held responsible for the content and activities of these websites, which have their own terms of use and privacy policies, which the Visitor should consult before using them.

3.6. It is prohibited to use the Website to post or transmit User-generated content that constitutes or may constitute a criminal offense and/or that engages or may engage the civil liability of the User.

It is also prohibited to use the Website to advertise or make commercial solicitations.

Any opinions, remarks, comments, illustrations of any kind, links, questions, suggestions, information and other materials placed on the Website or transmitted through the Website by a User are considered non-confidential and are not subject to proprietary rights.

AirChips Nutrition cannot be held responsible, towards the User, for the content or accuracy of the content generated by another User, nor for the use of the content, opinions, information generated by a User.

AirChips Nutrition reserves the right, at its discretion and at any time, without having to justify its decision, to prohibit access to its Website, to block or delete any content generated by a User that does not comply with these conditions and the regulations in force.

Article 4: Scope of the T&Cs

The General Terms and Conditions govern all online orders for products marketed by AirChips Nutrition and, together with the order form, constitute the contractual documents binding on the parties.

It is expressly stated that the products marketed by AirChips Nutrition are intended to be sold and delivered exclusively in Metropolitan France.

The Customer declares having read the General Terms and Conditions before confirming his Order.

Validation of the Order implies the Customer's full and unreserved acceptance and adherence to the General Terms and Conditions of Sale of the company AirChips Nutrition with respect to said Order.

The General Terms and Conditions, as well as all contractual information mentioned on the site, are written in French.

They prevail over all general conditions of sale of the company AirChips Nutrition previously available on the Site, and over any possible conditions of purchase of the Customer Reseller Retailer unless otherwise agreed in writing by the company AirChips Nutrition.

The General Terms and Conditions are made available to consumers on the seller's website where they can be consulted directly and can also be communicated to them upon simple request by telephone, email or post.

The General Terms and Conditions are binding on the Customer who acknowledges, by ticking a box provided for this purpose, having read and accepted them BEFORE placing an order.

Validation of the order by its confirmation, within the meaning of article 6 of these General Terms and Conditions, constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Seller.

AirChips Nutrition reserves the right to modify the General Terms and Conditions at any time without prejudice to previously concluded contracts.

Any new version of these will be announced in advance on the home page.

The General Terms and Conditions come into force on the date of validation of the Order and are applicable for the duration necessary for the execution of the sales contract until the extinction of the guarantees and obligations owed by the company AirChips Nutrition.

Any contrary condition or clause imposed by the buyer will, in the absence of prior and express acceptance by the seller, be unenforceable against the latter, regardless of when it may have been brought to his attention.

All provisions of the General Terms and Conditions are applicable in the relationships between AirChips Nutrition and its Customers in connection with the sale of Products, it being specified that some of them concern exclusively Consumer Customers while others concern exclusively Retailer Customers, as duly specified below.

Article 5: Products, Prices, Customs, Transport

5.1 . The Products offered for sale presented on the airbar.fr website are the subject of a description established by the
Seller, mentioning their essential characteristics.

Each Product is identified by a batch number and an optimal use-by date that the Customer must communicate to the Seller when requesting information or making a complaint.

The advice on use and possible precautions for use of the Products offered for sale online are mentioned in the electronic catalog

The Products comply with European and French regulations relating to the safety and health of people, fairness in commercial transactions and consumer protection at the time they are placed on the market.

5.2 . The sales prices are indicated for each of the products appearing in the electronic catalog, in euros, all taxes included, excluding delivery costs mentioned before validation of the order, delivery costs are invoiced in addition.

AirChips Nutrition reserves the right to modify the prices of its Products mentioned on the Site at any time without prejudice to orders already placed.

The price applicable to the Order is that in effect at the time of validation of the Order by the Customer.

5.3. For Consumer Customers : the sale prices of the Products indicated on the Site are in euros and include all taxes, including eco-participation, but excluding transport and delivery costs and any customs duties and local taxes, the amount of the latter being specified on the Site before the final validation of each Order when AirChips Nutrition is aware of it upon validation of the Order.

Validation of the order by the Customer constitutes express acceptance of any additional payment added to the price of the Products alone.

5.4. For Retail Reseller Customers : the sale prices of the products indicated on the Site are in euros and include all taxes, including any eco-participation for marketing in the country of the place of delivery in the European Union, bulk products, including boxes, but excluding additional costs linked in particular to the processing, shipping, palletizing, transport, insurance and delivery of the products.

All additional costs mentioned above, as well as all taxes, duties and fees incurred by the order placed by Retail Reseller customers are the exclusive responsibility of the latter.

Article 6: Offer, Orders, Order Modifications, Availability

6.1 . Before any Order, the Customer must register on the airbar.fr website.

by creating their personal account as indicated in article 1 of these T&Cs.

The Client guarantees the accuracy, sincerity and reliability of the information provided.

Prior to any Order, the Customer guarantees that he/she is of legal age, capable, and in particular authorized to use the means of payment, accepted by the company AirChips Nutrition and indicated on its Website at the start of the ordering process, which he/she will use to pay for his/her Order.

6.2 The online sales offers presented on the AirChips Nutrition website are reserved for consumer Customers residing in Metropolitan France and for deliveries in these same geographical areas.

The offers and prices proposed on the site may be exclusive and different from the distance selling offers proposed in catalogs, professional mailings, mailings or by telephone; it being specified that certain offers proposed in catalogs, mailings, mailings or by telephone may not be available on the AirChips Nutrition website.

For Retail Reseller Customers, they must be previously accepted by AirChips Nutrition as such.

AirChips Nutrition reserves the right to accept professional candidates as clients and therefore to decide whether or not to respond favourably to orders placed by them;

The seller uses this discretionary right of approval with regard to reseller customers, provided that this does not constitute an abuse of a dominant position or any discriminatory practice.

The resale by the reseller customer of products sold by AirChips Nutrition is subject to the prior and discretionary approval of the latter.

The application for approval must be communicated to AirChips Nutrition by registered letter with acknowledgment of receipt. It must be accompanied by all the legal, economic, financial and commercial elements necessary to enable AirChips Nutrition to make an informed decision; this information in no way removes the discretionary nature of the approval. AirChips Nutrition then has one month from receipt to provide its response in the same manner. Silence maintained by AirChips Nutrition at the end of this period shall be deemed a refusal of approval.

The retail reseller customer undertakes to source exclusively from AirChips Nutrition, for all products defined in this contract.

The retailer customer agrees to pay, as a penalty clause, the sum totaling three times the price including tax of the products sold in the event that it does not fulfill its obligations regarding the aforementioned approval. The penalty is indivisible and is acquired by AirChips Nutrition even if the latter requests the resolution of the sale in court. This clause does not prevent AirChips Nutrition from seeking legal compensation for all of its losses if these prove to be greater than the amount of the penalty clause.

6.3 The online sales offers presented on the site are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalog and within the limits of available stocks.

The customer's acceptance of the offer is validated by confirming the order using the double-click technique.

6.4. Order:

6.4.1 The Customer places an order by filling their Shopping Cart while browsing the Site. The Shopping Cart and all information relating to it can be modified until the final summary of the Order. The Site's automatic recording system constitutes proof of all the characteristics of the transaction between the Customer and AirChips Nutrition. The Customer confirms their Order by clicking on the "confirm order with payment obligation" box on the sales form published on the Site.

6.4.2 The Order will only be final upon validation of payment using one of the payment methods accepted by AirChips Nutrition and mentioned in Article 14 below. Confirmation of the order entails formal acceptance of the General Terms and Conditions and legally forms the contract.

6.4.3 Any Order placed by a Customer on the Site is subject to immediate written confirmation from AirChips Nutrition, sent by email to the Customer and to which are attached the General Terms and Conditions of Sale as well as, for consumer Customers, the standard withdrawal form in PDF format (see article 10 to download the form).

6.4.4 An email is sent to the Customer to inform them of the dispatch of the Order with a computer tracking number. Upon receipt of the order form, the Customer can proceed to payment. Any modification of the order by the Customer after confirmation of his order is subject to acceptance by AirChips Nutrition.

6.4.5 In the event of an error in entering their contact details by the Customer, AirChips Nutrition cannot be held responsible for any potentially harmful consequences for the Customer and for the impossibility of ensuring delivery. It is therefore the Customer's responsibility to modify any change of contact details at any time and as soon as possible by logging into their Personal Account. AirChips Nutrition cannot be held responsible for the Customer's lack of diligence in modifying and updating their contact details and for any consequences that may result from this.

6.5 AirChips Nutrition reserves the right to refuse any order for legitimate reasons and, in particular, if the quantities of products ordered are abnormally high for buyers with the status of Consumers. AirChips Nutrition may verify at any time the conformity of the information provided by the Customer and, if necessary, if this information appears to be erroneous and/or misleading, may request the provision of additional or corrected information. In the event of erroneous or misleading information, AirChips Nutrition reserves the right to terminate any contractual relationship with the Customer and to suspend the latter's access to his or her Personal Account, on the basis of contractual loyalty.

6.6 Failure by the Customer to comply with all or part of the obligations entered into under the T&Cs, and in particular with regard to any incident of payment of the price of an Order, may result in the suspension of access to the Services offered by AirChips Nutrition, which will also have the right to refuse the Customer any new Order.)
Product offers are valid as long as they are visible on the Site and within the limits of available stocks, excluding any promotional operations mentioned as such on the Site. In the event of unavailability of a Product after a Customer has placed an Order, AirChips Nutrition will inform the Customer as soon as possible by email while specifying an indicative availability date. The Customer will then have the choice:

either to be delivered a product of equivalent quality and price,

either to wait for the restocking of said Product with the possibility of having the available Products delivered,
either to cancel the Order within 30 days following payment and to be reimbursed for the price of the Product within fourteen (14) days of cancellation.

If the Customer does not respond, AirChips Nutrition will ship the Order as soon as the Products are available again.

Article 7: Intellectual property

7.1 . The photographs of the Products presented on the Website are used for informational or illustrative purposes only and have no contractual value.

7.2 . The entire Site and its contents, including in particular texts, logos, technical data sheets, presentations, brochures, illustrations, photographs, commercial documents, etc. are protected by the laws in force relating to intellectual property and remain the exclusive property of La société AirChips Nutrition, with the exception of third-party brands which may be cited.

Any reproduction, representation, modification, exploitation or adaptation, partial or total, by any means, on any medium and in any form whatsoever, whether for payment or free of charge, of the Site and/or its content, without the prior written consent of AirChips Nutrition, is strictly prohibited.

Article 8: Delivery

8.1. Provisions applicable exclusively to Consumer Customers

8.1.2. The Products are delivered to the delivery address indicated by the Customer during the order process within the time period indicated on the Order validation page.

8.1.3. In the event of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment. AirChips Nutrition cannot be held responsible for late delivery due exclusively to the Customer's unavailability after several appointment proposals by the carrier. The same applies in the event of a delay in the delivery of the Products due to an unforeseeable and irresistible act of a third party or force majeure.

8.1.4. When the Customer orders several Products at the same time and these have different delivery dates, the delivery date is the furthest one.

8.1.5. In the event of a delay in shipping, an email will be sent to the Customer to inform them of any possible consequences on the delivery date initially indicated. In the event of a delay in delivery, the Customer will be offered a new delivery date. In any event, in the event of a delay of more than seven (7) days compared to the delivery date indicated by AirChips Nutrition, or twenty (20) days from the validation of the order, the Customer has the option of canceling their Order in accordance with the provisions of the Consumer Code, by following the instructions on the Site indicated in the section "Cancellation of Order" and obtaining a refund of the sums paid.

8.2. Provisions applicable exclusively to Retail Reseller Customers

8.2.1. Delivery is made, at the Customer's choice, either by delivery of the Product to the Customer or the carrier, or by simple notice of availability in the warehouses of La société AirChips Nutrition. The Products are delivered within the shipping time indicated on the Product sheet to which is added the processing and delivery time. Delivery times are given by La société AirChips Nutrition for information purposes only, unless a firm deadline is agreed upon in writing by La société AirChips Nutrition.

8.2.2. Deliveries are only made subject to availability and in the order in which Orders are received after payment of the price of the Products ordered. AirChips Nutrition is authorized to make deliveries in full or in part.

Delivery times are indicated at the Customer's request as accurately as possible but are subject to the supply and transport possibilities of AirChips Nutrition. Exceeding delivery times cannot give rise to damages, retention or cancellation of current Orders.

However, if within thirty (30) days after validation of the Order, the Product has not been delivered for any reason other than a case of force majeure, the sale may be terminated at the request of either party and the Customer may obtain a refund of their deposit to the exclusion of any other compensation or damages.

8.2.3. Force majeure is an unforeseeable, irresistible event beyond the control of the parties. The following are considered cases of force majeure: war, riot, fire, strikes, accidents, attacks, etc. AirChips Nutrition will keep the Customer informed of cases and events of force majeure.

In the event that delivery is not possible by AirChips Nutrition due to a case of force majeure extending beyond three (3) months after the date of validation of the Order, the parties may decide to cancel the Order without this cancellation giving rise to the payment of costs or compensation by either party. In this case, any sums paid by the Customer will be reimbursed by AirChips Nutrition.

8.2.4. In any event, delivery can only take place if the Customer is up to date with its obligations towards AirChips Nutrition.

8.2.5. The Products are delivered free of charge to the warehouses of AirChips Nutrition; in all cases, they travel at the Customer's risk.

Article 9: Receipt of Products

9.1. The Customer is required to inspect the Products upon delivery.

9.2. The Products are deemed to be shipped from the warehouses of AirChips Nutrition in perfect condition.

9.3. In the event that the package containing the Product(s) ordered presents apparent defects or anomalies upon receipt by the Customer, the usual reservations must be made by the Customer immediately to the carrier (slip, consignment note).

These reservations must be confirmed by registered letter with acknowledgment of receipt addressed to the said carrier within 48 hours of delivery and a copy of this complaint sent to the company AirChips Nutrition.

9.4. Without prejudice to the provisions set out above to be taken with regard to the carrier, and subject to the provisions relating to the legal guarantees specific to the consumer Customer set out in article 11.1 below, any complaint relating to an apparent defect, an anomaly or non-conformity of the Product delivered must be made to AirChips Nutrition in writing within five (5) days of receipt of the Products by the Customer.

It will be up to the Client to provide any justification as to the reality of the defects or anomalies noted without prejudice to legal presumptions.

The Customer shall provide AirChips Nutrition with every facility to identify and remedy these defects or anomalies. The Customer shall refrain from intervening themselves or involving a third party for this purpose. For Products sold in bulk or packaged, the weights and measurements ex-AirChips Nutrition's warehouses shall constitute proof of the quantities delivered.

Article 10: Right of withdrawal – Satisfied or refunded exclusively for consumer Customers

10.1. The Consumer Customer has a withdrawal period of fourteen (14) clear days from the conclusion of the contract or receipt of the order.

To return any Product for exchange or refund, without penalty except for return costs which are the responsibility of the Customer, to the headquarters of AirChips Nutrition

Any return must be reported in advance to the Customer Service of AirChips Nutrition, by email with the name of the consumer Customer, the date and the Order number. However, any withdrawal of an Order for Products likely to deteriorate or expire quickly is excluded and will be automatically refused by AirChips Nutrition.

10.2. Returns of Products must be made no later than fourteen (14) days following notification of withdrawal, in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold by AirChips Nutrition in new condition and accompanied by the purchase invoice. Incomplete, damaged or soiled Products will not be refunded.

10.3. To exercise his right of withdrawal, the Consumer Customer must follow the process indicated to him for this purpose in the section of the Site entitled "Return of a Product", or return either the standard withdrawal form completed and signed, or a letter to La société AirChips Nutrition indicating the name and address of the Consumer Customer, the date and number of the Order, the signature of the Consumer Customer, and unambiguously expressing his wish to withdraw to the headquarters of La société AirChips Nutrition which will send the Consumer Customer an acknowledgment of receipt of the withdrawal.

10.4. The terms and conditions for returning Products are specified in Article 11.1 below. The reimbursement of the Consumer Customer, with the exception of return costs, will be made using the same means of payment as that used by the Consumer Customer for the initial transaction unless the latter expressly agrees otherwise to the use of another method of payment, within fourteen (14) days from receipt by AirChips Nutrition of the request to exercise the right of withdrawal by the Consumer Customer and provided that the Product has been returned to AirChips Nutrition under the conditions defined above.

(Withdrawal Form tab)

WITHDRAWAL FORM

To the attention of:

AirChips Nutrition Company

171 RUE ALEXANDRE DUMAS 07500 GUILHERAND-GRANGES

Email: ……….

I hereby notify you, in accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, of my/our wish to exercise the right of withdrawal from the contract relating to the sale of the goods below:

Nature or reference of the products
Ordered on

Invoice number

Consumer Name =
Consumer address =

Consumer signature (*)

Date =

(*) only if this form is notified on paper

Send this letter by registered letter with acknowledgment of receipt

Article 11: Guarantees· Returns

Article 11.1. Provisions applicable exclusively to Consumer Customers

11.1.1. Legal guarantee of conformity

AirChips Nutrition makes every effort to ensure that the photographic representation of the Products on the Site is as faithful as possible to the Products themselves.

However, it is the responsibility of the Consumer Customer to refer to the description of each Product in order to understand its essential properties and characteristics and to acquire a Product that meets their needs.

The Products are guaranteed against any material or manufacturing defect until their sell-by date indicated on each case and the packaging of the Products, subject to strict compliance with the storage and conservation conditions.

AirChips Nutrition is liable for any lack of conformity that may affect the Products under the conditions set out in Articles L217-14 et seq. of the Consumer Code.

Non-conformity of the Products is accepted in cases where the Product does not meet its usual use, does not present the expected quality or the description given on the Site.

The Consumer Customer has a period of two (2) years from delivery of the goods to take action.

The Consumer Customer is exempt from providing proof of the existence of the lack of conformity during the twenty-four (24) months following delivery of the Product.

In the event of proven non-compliance, the Consumer Customer may return it to AirChips Nutrition, in accordance with the instructions provided for this purpose on the Site under the heading "Return Order". The Consumer Customer may, at their choice:

– either be delivered a Product identical to that ordered, within the limits of available stocks;

– either be delivered a Product of equivalent quality and price, within the limits of available stocks;

– either cancel the Order and obtain reimbursement of the price of the Product already collected by AirChips Nutrition within fourteen (14) days following the cancellation and the reimbursement request from the Consumer Customer.

The costs of returning the Product ordered and delivered to the Consumer Customer, as well as the possible delivery of another Product will be borne by AirChips Nutrition.

11.1.2. Legal guarantee of hidden defects

AirChips Nutrition is liable for hidden defects that may affect the Products under the conditions provided for in Articles 1641 et seq. of the Civil Code.

The Consumer Customer has a period of two (2) years from the discovery of the defect to take action.

In the event that the Products delivered to the Customer present a hidden defect, that is to say a fault in the quality of the item itself, prior to the sale, and not allowing its use, the consumer Customer may choose: – either cancel his Order and obtain a full refund of the sums paid and return costs, – or keep this Product delivered in return for the refund of part of the price paid.

Proof of the existence of the hidden defect lies with the customer.

Article 11.2.: Provisions applicable exclusively to Retail Reseller Customers

11.2.1. Legal guarantee of hidden defects

The Retail Reseller Customer benefits from the legal guarantee against hidden defects in accordance with the legal provisions set out in articles 1641 et seq. of the Civil Code.

11.2.2. Returns

Subject to the provisions relating to the legal guarantee for hidden defects, only Products affected by an apparent defect, an anomaly or non-conformity reported under the conditions and time limits indicated in article 9 above may be returned by the Retailer Reseller Customer.

Any return of a Product must be subject to a written agreement between AirChips Nutrition and the Retailer Customer. Any Product returned without this agreement will be kept at the Customer's disposal and will not give rise to the establishment of any credit or refund.

The costs and risks of return are borne by the Retailer Customer. Returned Products must be accompanied by a return slip to be attached to the package and must be in the condition in which they were found upon delivery to the warehouses of La société AirChips Nutrition.

Any return of a Product accepted by AirChips Nutrition will result, at the discretion of AirChips Nutrition, in free replacement or the issue of a credit note after quantitative and qualitative verification of the returned Products, to the exclusion of any other compensation or damages.

11.2.3. Contractual guarantees

Certain Products offered on the Site may give rise to a contractual guarantee without prejudice to legal guarantees.

The provisions specific to this guarantee are mentioned on the computer tabs of the said Site intended to inform Customers of the qualities of the Products. The Customer may not request to benefit from a guarantee broader than that thus provided.

When the Products in the Order are subject to a contractual guarantee, this is mentioned on the invoice.

The implementation of the contractual guarantee by the Customer requires that he contact the company AirChips Nutrition according to the instructions provided for this purpose in the “Satisfied or Refunded” section.

11.2.4. Exclusion of warranties

The guarantees mentioned in this article are not applicable if the Products have been modified by the Retailer Reseller Customer or have been subject to use by the Retailer Reseller Customer that is not in accordance with their
destination.

Article 12. Liability, exclusively for Retail Reseller Customers

The Products are developed and manufactured in accordance with French and European regulations applicable to Products sold on the airbar.fr Site.

AirChips Nutrition cannot be held liable for non-compliance with the legislation of the country where the Product is used.

It is the responsibility of the Retailer Reseller Customer to check with local authorities the possibilities of importing or using the Products that he plans to order.

It is also the responsibility of the Retailer Reseller Client to undertake all necessary regulatory and administrative procedures prior to marketing the Products on its domestic market or export markets, in compliance with legal provisions, in particular with regard to administrative declaration, self-monitoring and labeling rules.

When the Products are sold in overpackaging or displays without mentioning the contact details of the Retail Reseller Customer, it is up to the latter to take all necessary steps to systematically display the exact contact details of the final distributor.

The Products are guaranteed against any material or manufacturing defect until their sell-by date indicated on each case and the packaging of the Products, AirChips Nutrition strictly respecting the storage and conservation conditions prescribed by its suppliers.

If delivery of the Products is delayed due to a cause beyond the control of AirChips Nutrition, the warranty period is not delayed.

Interventions under the warranty shall not have the effect of extending the duration of the warranty. Under this contractual warranty, the only obligation incumbent on AirChips Nutrition shall be the replacement of the Product free of charge and at its expense, excluding any other damage, direct or indirect, costs, loss of earnings, loss of profit, loss of business, loss of opportunity or other which may arise from the purchase of the Products.

Article 13: Billing

An invoice is issued online automatically after validation of the order and payment of the price (confirmation of the correct execution of the financial transaction).

The invoice can be downloaded or printed online from the invoice tab.

The Customer may request that a paper invoice be sent to them by post by making a request to AirChips Nutrition at the following email address: …………………….

Article 14: Payment

14.1. Payment terms applicable exclusively to Consumer Customers

The price is due in full after confirmation of the order.

Payment for Products ordered on the Site must be made in euros:

– immediately upon ordering by bank card; payment by bank card online on the Site is made
on the secure banking server of the banking institution partnered with AirChips Nutrition. In this case, the security of online payments allows the Customer to encrypt the transmission of their banking data and the amount of the order is collected on the same day the order is placed.

or by bank transfer by SWIFT using the bank details (IBAN & BIC) of La société AirChips Nutrition accessible by clicking HERE. In this case, collection is made upon receipt of the provision transmitted by transfer to the bank account of La société AirChips Nutrition, which constitutes payment.

The Customer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him.

Any Order not previously and fully paid cannot be processed and therefore shipped.

14.2. Payment terms applicable exclusively to Retail Reseller Customers

14.2.1. Unless otherwise agreed in writing, payments will be made under the following conditions:

– when the Customer is covered by credit insurance (subject to Article 14 below) and is located in the European Union: payment of a deposit of 30% upon Ordering then the balance within thirty (30) days following receipt of the Products, by bank transfer, SWIFT, check or direct debit after express authorization and within the limit of the guaranteed outstanding amount or the maximum amount of the outstanding amount authorized by AirChips Nutrition,

– when the Customer is not covered by the credit insurance of AirChips Nutrition: payment upon Order of the full price or at the latest before delivery.

Payment terms may not be delayed or modified, even in the event of a dispute, except with the express agreement of AirChips Nutrition.

14.2.2. In the event of deferred payment, payment within the meaning of this article does not constitute the simple delivery of a commercial instrument, a check implying an obligation to pay, or the communication of a transfer order, but its actual payment on the agreed due date.

Regardless of the payment method, the payment date corresponds to the day on which AirChips Nutrition has the amount of the sale price.

14.2.3. No payment withholding or compensation may be made by the Retail Reseller Customer without the express prior consent of AirChips Nutrition. Payment terms may not be delayed, suspended, or modified for any reason whatsoever without the express prior consent of AirChips Nutrition.

14.2.4. In the event of late payment, AirChips Nutrition may suspend all current orders, without prejudice to any other course of action.

Any amount not paid by the due date shown on the invoice will automatically and without formal notice result in the application of penalties from the due date in an amount equal to three times the legal interest rate set by the European Central Bank (ECB) calculated on the amount due.

In the event of late payment by the Retail Reseller Customer, AirChips Nutrition will also receive a fixed compensation of forty (40) euros for recovery costs.

When the recovery costs incurred exceed the amount of the aforementioned compensation, AirChips Nutrition may receive additional compensation upon justification.

Any partial payment will be allocated first to the non-privileged portion of the debt, then to the amounts due the earliest. AirChips Nutrition reserves the right, in the event of non-payment 48 hours after formal notice has remained unsuccessful, to terminate the Order automatically without prejudice to damages and other legal actions that AirChips Nutrition may bring against the Customer.

The resolution will affect the Order concerned but also all previous unpaid Orders, delivered or in the process of being delivered, whether their payment is due or not.

In the event of payment by a commercial instrument, failure to return the instrument will be considered a refusal of acceptance equivalent to a failure to pay.

Likewise, in the event of payment by installments, non-payment of a single installment will automatically result in the immediate payment of the entire price of the Order, without prior formal notice being required.

In all of the above cases, any amounts remaining due under other Orders shall immediately become
payable if AirChips Nutrition does not opt for the resolution of the corresponding Orders.

The Client shall reimburse all costs incurred by the contentious recovery of sums due, including the fees of ministerial officers.

14.2.5. A discount of 1% may be applied if the Customer pays the full price at the time of placing the Order.

Article 15: Credit Insurance exclusively for Retail Reseller Customers.

15.1. AirChips Nutrition reserves the right to use the services of credit insurance to cover the risk of non-payment by Retail Reseller Customers.

The credit insurer will indicate to AirChips Nutrition a maximum outstanding coverage. To this end, the Retail Reseller Customer undertakes to provide AirChips Nutrition with all the elements necessary to assess its economic and financial situation upon simple request from it.

The maximum outstanding amount covered by the insurance will be communicated to the Retail Reseller Customer by AirChips Nutrition, as well as any changes that may occur in its amount.

15.2. AirChips Nutrition reserves the right to demand payment from the Retail Reseller Customer of any cumulative amount exceeding the outstanding amount, whether or not payment is due.

15.3. Any change in the amount covered by the insured will be brought to the attention of the Client and will take effect immediately, so that any amount accumulated beyond this amount may be demanded within the meaning of article 14.2.

15.4. In the event of non-payment of all or part of an invoice on its due date and notwithstanding any action taken
recovery, AirChips Nutrition will inform its credit insurer of the late payment before the thirtieth (30th) day following the due date.

If the failure to pay an invoice, whether partial or total, persists, AirChips Nutrition will declare the claim to its credit insurer before the sixtieth (60th) day following the due date.

Article 16: Risks exclusively for Retail Reseller Customers

The transfer of risks attached to the Products takes place when the Products are loaded into the warehouses of La société AirChips Nutrition by the carrier or by the Customer Reseller Retailer in the event of availability in the warehouses of La société AirChips Nutrition.

This results in particular in that the Products travel at the risk and peril of the Customer, who is responsible, in the event of damage, loss or shortages, to make any reservations or exercise any recourse against the responsible carriers in accordance with article 9.3. above.

Article 17: Retention of title

17.1. Provisions applicable exclusively to Consumer Customers:

The Products delivered to the Consumer Customer remain the property of La société AirChips Nutrition until the Consumer Customer has fulfilled all of its obligations towards La société AirChips Nutrition, and in particular until full payment of the price of the Order, where applicable increased by late payment interest as set by the European Central Bank (ECB) and costs if applicable.

Following the fraudulent use of a means of payment, AirChips Nutrition reserves the right to take back or have taken back unpaid Products.

17.2. Provisions applicable exclusively to Retail Reseller Customers:

Any Product sold remains the property of AirChips Nutrition until full payment of the price in principal and accessories.

AirChips Nutrition reserves the right to use all legal means to repossess or have repossessed the Product in the event of non-payment.

The portion of the price already paid remains acquired by AirChips Nutrition. Until the price has been paid in full, the Retailer Customer must individualize the Products delivered and not mix them with other Products from other sales or suppliers.

In the event of seizure, or any other intervention by a third party on the Products, the Retailer Customer must imperatively inform AirChips Nutrition without delay in order to allow it to oppose it and preserve its rights.

In the event of resale, the Retailer Reseller Customer undertakes to immediately notify AirChips Nutrition to enable it to exercise its right to claim the price from the sub-purchaser.

The Customer must immediately notify the Customer of the names and addresses of the sub-purchaser(s). The Customer undertakes to assign to AirChips Nutrition, if the latter requests it, in the event of default by the sub-purchaser(s), the receivables relating to the resale of the Products.

Article 18: Personal data

18.1 AirChips Nutrition undertakes to respect the confidentiality of personal data communicated by Customers on the Site and to process them in compliance with the Data Protection Act in force.

18.2 AirChips Nutrition informs the Customer that his/her personal data will be used by its internal services to process the Customer's Order and to strengthen and personalize communication, in particular through information letters/emails as well as within the framework of the personalization of the Site according to the Customers' observed preferences.

AirChips Nutrition may also provide its partners with consolidated statistics relating to its Customers, sales, trading structures and other information appearing on the Site to trusted third parties, but no personal data will be transmitted to third parties without the express authorization of the Customer.

18.3 AirChips Nutrition informs the Customer that it may, however, communicate this personal data to ensure the delivery of Orders by its service providers (carriers), or for after-sales service needs.

In addition, AirChips Nutrition may also communicate this personal data to respond to an injunction from administrative or judicial authorities.

18.4 When creating or consulting his/her Personal Account, the Customer may choose to receive information and commercial proposals from AirChips Nutrition by email.

18.5 In addition, in accordance with the law relating to the protection of personal data of June 20, 2018 which adapts the law “Informatique et Libertés” of January 6, 1978 to the “European data protection package”, the Customer may exercise his right of access to the file, his right of opposition and his right of rectification or deletion for the information concerning him by sending his request (indicating email address, surname, first name, postal address), by email to the following address: The company AirChips Nutrition 171 RUE ALEXANDRE DUMAS 07500 GUILHERAND-GRANGES,

Article 19: Use of the Website

19.1 By accessing or using the Website, the Customer In the event that any of the provisions of the T&Cs are deemed null and void, the other provisions shall remain in force.

19.2 The information and documents transmitted to the Customer (if applicable) are only in the language selected prior to using the website, as accepted by the Customer when placing an order with AirChips Nutrition.

19.3. Pursuant to Articles 1365 et seq. of the Civil Code, the information provided by the Site is binding between the parties.

Elements such as the days and times of receipt or transmission, as well as the quality of the data received, and as recorded on the information systems, or as authenticated by the computerized procedures, of the company AirChips Nutrition, will be authentic, unless the Customer provides proof to the contrary in writing.

Article 20: Dispute Resolution, Competent Jurisdiction and Applicable Law .

20.1. The General Terms and Conditions are executed and interpreted in accordance and exclusively with French law, excluding, with regard to sales of Products by AirChips Nutrition to Retail Reseller Customers, the provisions of the Vienna Convention of April 11, 1980.

20.2 In the event that any of the provisions of the T&Cs are deemed null and void, the others
provisions will remain in force

20.3. Provisions applicable exclusively to Consumer Customers:

Any complaints should be addressed to the consumer service:

– by mail addressed to: AirChips Nutrition 171 RUE ALEXANDRE DUMAS 07500 GUILHERAND-GRANGES, FRANCE

-by email to: commande@airchipsnutrition.com

Under penalty of inadmissibility of any legal action, the Customer and the company AirChips Nutrition must first attempt to resolve amicably any disputes arising from the sale of the Products, these General Terms and Conditions, their interpretation and consequences.

The parties will seek an amicable agreement before any legal action and will communicate to each other all necessary information for this purpose.

In the absence of an amicable resolution of a dispute between a Consumer Customer and AirChips Nutrition, the court with jurisdiction to hear the dispute will be designated in accordance with the provisions of Article R 631-3 of the Consumer Code.

Pursuant to Article R. 631-3 of the Consumer Code, the consumer may refer either:

one of the courts with territorial jurisdiction under the Code of Civil Procedure;
the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.

Every consumer has the right to use a consumer mediator free of charge to resolve their dispute with a professional amicably. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.

The professional may set up his own consumer mediation system or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.

Where there is a consumer mediator whose jurisdiction extends to all businesses in a field of economic activity to which he belongs, the professional always allows the consumer to have recourse to him.

For any difficulties, AirChips Nutrition invites consumer customers to contact it in advance: commande@airchipsnutrition.com

Only complaints relating to the sale of Products via the Website will be taken into account.

In the event of cross-border disputes, Consumer Customers may contact and be assisted at their own expense by the European Consumer Centre. For further information, please consult the website www.europe-
consommateurs.eu or https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .

20.4. Provisions applicable to Retail Reseller Customers

The parties will seek an amicable agreement before any legal action and will communicate to each other all necessary information for this purpose.

In the absence of an amicable settlement of the dispute, the courts within the jurisdiction of which the seller's domicile is located shall have sole jurisdiction in the event of a dispute of any nature (including in the event of a call for a guarantee or multiple defendants) or a dispute relating to the formation or execution of the order, regardless of the method of payment accepted since payment is portable to the seller's domicile, unless the seller prefers to refer the matter to any other competent court.