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GENERAL TERMS AND CONDITIONS OF SALE (CGV) OF THE INSTITUT MERMOZ 

 

Head Office :

 

Institut MERMOZ 

Parc d’affaires ICADE

43 avenue Robert Schuman - BP 60444 

94593 RUNGIS CEDEX

FRANCE

 

 

RCS Créteil B 572 138 485

 

Date of last update : 21/02/2017

 

It is specified beforehand that the present conditions exclusively govern the sales, by the Institut MERMOZ - Parc d'affaires ICADE - 43 avenue Robert Schuman - BP 60444 - 94593 RUNGIS CEDEX of editorial products (books, CD-ROMs etc.).

 

 

1. General Terms and Conditions of Global Sales

 

Article 1 - Prices

 

1.1 - The prices of our products are indicated in euros, all taxes included, excluding participation in processing and shipping costs (see Delays and costs).

 

1.2 - In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not under the jurisdiction of the Institut MERMOZ. They will be at your expense and are your entire responsibility, both in terms of declarations and payments to the competent authorities and/or organizations of your country. We advise you to inquire about these aspects with your local authorities.

 

1.3 - The Institut MERMOZ reserves the right to modify its prices constantly but the products will be invoicees on the basis of the tariffs in force at the time of your validation of order.

 

1.4 - The products remain the property of the MERMOZ until the complete payment of the price. We remind you that at the moment you take physical possession of the ordered products, the risks of loss or damage of the products will be transferred.

 

Article 2 - Order

 

You can place an order :

 

On the Internet: www.boutique.institut-mermoz.com

By phone at + 33 1 46 86 81 00 from Monday to Thursday from 8.30am to 5.30pm and Friday from 8.30am to 4.30pm.

Contractual information is presented in French and will be the subject of a confirmation including this contractual information at the latest at the time of your order validation.

 

Article 3 - Validation of your order

 

You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. The validation of your order therefore implies acceptance of these General Terms and Conditions of Sale.

 

A summary of the information of your order and the General Terms and Conditions of Sale will be communicated to you via the e-mail confirming your order.

 

Article 4 - Availability

 

Our product offers are valid as long as they are visible on the site, within the limit of available stocks, excluding promotional operations mentioned as such on the sites. In the event of unavailability of a product after placing your order, we will inform you by e-mail or telephone.

 

Article 5 - Delivery

 

5.1 - General

 

The products are delivered to the delivery address you indicated during the order process, except for delivery restrictions indicated in the "Delivery Conditions" section, within the time period indicated on the order validation page by the customer.

 

The delivery time corresponds to the shipping time indicated on the Material master record plus processing and delivery time.

In the event of delivery by a carrier requiring an appointment to be made with the customer, the latter will contact you as soon as possible to arrange a delivery appointment with you, 30 days at the latest from the date of your order validation. Institut MERMOZ can not be responsible for late delivery due exclusively to unavailability of the customer after several proposals for appointments by the carrier.

 

When you order several products at the same time and these have different delivery times, the delivery time of the order is based on the most distant delivery time. The Institut MERMOZ however reserves the possibility of splitting shipments. The contribution to the processing and shipping costs will only be charged for a single shipment.

 

In any event, in accordance with the legal provisions, in the event of late delivery, you benefit from the possibility of cancelling the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. In this case, if you have received the product, after your cancellation, we will proceed to the refund of the product and the "outward" expenses under the conditions of Article L 216-3 of the Consumer Code.

 

We also invite you to regularly check your order status and to contact us at +33 1 46 86 81 00 for any question or problem.

 

We remind you that when you (or a third party designated by you) take physical possession of the products ordered, the risks of loss or damage to the products will be transferred.

 

5.2 - Reservations

 

You must notify the carrier and the Institut MERMOZ of any reservations about the product delivered (for example: damaged package, already opened ...).

 

Article 6 - Payment

 

We remind you that the fact of validating your order implies the obligation at your expense to pay the price indicated. The payment of your purchases can be carried out according to the means of payment accepted by the Institut MERMOZ indicated in the heading "Means of payment".

 

The card is debited at the time of order validation.

 

Article 7 - Security

 

Our site is subject to a security system.

 

We have adopted the SSL encryption process, but we have also reinforced all scrambling and encryption processes to protect all sensitive data related to means of payment as effectively as possible. The site is regularly updated and controlled to ensure its security.

 

Article 8 - Right of withdrawal

 

8.1 - Legal period of the right of withdrawal

 

In accordance with the legal provisions in force, you have a period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty. After communication of your decision to exercise your right of withdrawal within this 14-day period, you have another 14-day period to return the product(s) concerned by the withdrawal.

 

8.2 Conditions for exercising the right of withdrawal

 

If you exercise your right of withdrawal within the period referred to in 8.1, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining at your expense.

 

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, and, if possible, accompanied by a copy of the purchase invoice for an optimized management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, your responsibility may be engaged.

 

To exercise your right of withdrawal, in accordance with the legal provisions, you will find attached in Appendix 2 the standard withdrawal form to be sent to us at the following address: Institut MERMOZ - 43 avenue Robert Schuman - parc ICADE - BP 60444 - 94593 RUNGIS CEDEX. You may exercise your right of retraction by any means and in particular by post or e-mail expressing your wish to retract without any ambiguity, and mentioning the order concerned by this retraction.

 

Once the form or the declaration of retraction has been sent to Institut MERMOZ at the latest within 14 days of receipt of your order, you must return the product(s) concerned to Institut MERMOZ within a reasonable period of time and at the latest within 14 days of sending the form or the declaration of retraction to Institut MERMOZ.

 

8.3 - Reimbursement

 

In case of exercising the right of withdrawal, the Institut MERMOZ will refund the sums paid (including delivery costs) at the latest within 14 days from the date on which the Institut MERMOZ is informed of your decision to withdraw and by the same means of payment as that used for the order (unless you expressly agree to a refund by another means of payment). This date of refund may be deferred until the product is recovered or until you have provided proof of shipment of the product, whichever comes first. The Institut MERMOZ is not required to reimburse you for additional charges if you have expressly chosen a more expensive method of delivery than the standard method of delivery offered by the Institut MERMOZ.

 

No C.O.D. shipments will be accepted for any reason whatsoever.

 

Article 9 - Guarantees

 

In accordance with the provisions of the legal guarantees of conformity and latent defects (referred to in the box below and whose texts are specified in Annex 1 of these conditions), we will refund or exchange products that are apparently defective or do not correspond to your order. If you request a refund, please contact us at +33 1 46 86 81 00.

 

The products must be returned or brought back to us in the state in which you received them with all the elements (accessories, instructions, etc.) in packaging that allows them to be transported in good conditions. The shipping costs will be refunded to you on the basis of the invoiced price and the return costs will be refunded to you on presentation of supporting documents.

 

It is recalled that as part of the legal guarantee of conformity, the consumer :

 

- has a period of two years from the delivery of the good to act towards the seller;

- can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempted from having to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.

 

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your good. It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

Article 10 - Intellectual Property

 

10.1 - All the texts, comments, works, illustrations and images reproduced or represented on the site of the Institut MERMOZ are strictly reserved under the copyright as well as under the intellectual property and for the whole world. For this reason and in accordance with the provisions of the code of intellectual property, only use for private use subject to different or even more restrictive provisions of the code of intellectual property is authorized. 11.2 - Company names, brands and distinctive signs reproduced on Fnac websites are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorisation from the trademark owner.

 

10.2 - Certain products, such as software in particular, are subject to personal and specific rights of use regulating copies, public distribution and rentals. You must respect the general conditions of sale of these products and the Institut MERMOZ could not be responsible for the uses which could be made of the products within this framework.

 

Article 11 - Responsibility

 

The products offered are in conformity with the French legislation in force. The responsibility of the Institut MERMOZ could not be committed in the event of non-respect of the legislation of the country where the product is delivered (for example in the event of prohibition of a title or a product). It is up to you to check with the local authorities the possibilities of importation or use of the products or services that you plan to order.

 

The photos are provided for illustrative purposes only. We invite you to refer to the description of each product to find out its precise characteristics; and in case of doubt or if you require further information do not hesitate to contact us on +33 1 46 86 81 00.

 

In case of professional purchases, Institut MEMROZ will not be liable for any indirect damages, operating loss, loss of profit, loss of chance, damages or expenses, which may arise from the purchase of the products. We remind you that it is prudent to back up the data contained in the purchased products. The Institut MERMOZ cannot be held responsible for any loss of data, files or damage as defined in the previous paragraph. The total or partial impossibility to use the products, in particular because of incompatibility of material, cannot give rise to any compensation or refund or call into question the responsibility of the Institut MERMOZ.

 

Article 12 - Applicable law - Disputes - Handling of complaints - Mediation

 

Applicable law: This contract is subject to French law. The language of this contract is the French language. In case of dispute the French courts will have sole jurisdiction.

 

Treatment of the complaints: For any complaint you can contact the Institut MERMOZ at +33 1 46 86 81 00.

 

Mediation of consumer disputes: In accordance with the provisions of the Consumer Code, you can contact the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr

 

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

 

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

 

Article 13 - Personal data

 

The nominative information and personal data concerning you are necessary for the management of your order and our commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalise the services we offer you and the information we send you.

 

In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose any personal data concerning you. All you have to do is write to us online at the Institut  MERMOZ - Parc ICADE - 43 avenue Robert Schuman - BP 60444 - 94593 RUNGIS CEDEX, indicating your name, first name, e-mail address and if possible your customer reference. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which you should send the reply. A reply will then be sent to you within 2 months of receipt of the request.

 

Depending on your choices made when creating or consulting your account, you may receive offers from our company. If you no longer wish it, you can at any time make a request to us by specifying it in My account section "Personal information" with the unsubscribe button present in our emails.

 

Our site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of the cookie is to signal your passage on our site. Cookies are therefore only used by the Institut MERMOZ in order to improve the personalised service we offer you.

 

Existence of an opposition list to telephone canvassing: If your telephone number is collected when creating your account or placing your order, we inform you that your telephone details will only be used for the proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the foregoing, in accordance with the legal provisions, you are informed that you may, if you wish, register on the telephone canvassing opposition list. You may register free of charge on this list, which is compulsory for all professionals except those with whom you have already concluded a contract.

 

2. Additional general terms and conditions of sale specific to PPL e-learning (http://www.ppl-theorique.com/ ) and QCM training (http://e-learning.institut-mermoz.com/ ) subscriptions.

 

 

 

Description of the service

 

The Institut MERMOZ offers a service of theoretical aeronautical training and maintenance of pilots' theoretical knowledge.

 

The Institut MERMOZ provides courses and MCQs (multiple choice questions) taken from the French Civil Aviation theory exams, or corresponding to the exam theory syllabus when the questions on these exams are confidential. As the official answers to the MCQs are confidential, there is no guarantee that the correct answers proposed are those expected by the board of examiners. These correct answers, as well as any explanations and corrections that may be proposed, are those that the Institut MERMOZ has deemed to be correct.

 

The Institut MERMOZ cannot be held responsible for any errors in the information posted on its site.

 

Privacy Policy

 

The site www.boutique.institut-mermoz.com is registered with the CNIL. You have the right to access, modify, rectify and delete data concerning you (art. 34 of the "Informatique et Libertés" law). To exercise this right, please contact the Institut MERMOZ.

 

Links

 

The site may include links to other websites or other Internet sources. Insofar as the Institut MERMOZ cannot control these external sites and sources, you acknowledge that the Institut MERMOZ cannot be held responsible for the availability of these external sites and sources, and cannot assume any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources.

 

Subscriptions

 

The duration of subscriptions to the site is expressed in hour/minute/second format. The subscription begins on the day the payment is received by the Institut MERMOZ and ends on the same day of the month corresponding to the duration of the subscription.

 

Example: a 6-month subscription taken out on January 10 will be open until July 10.

 

Subscriptions are nominative and individual. It is strictly forbidden to divulge your access codes to other people. In case of fraud, the subscription will be automatically cancelled.

 

Withdrawal period

 

By virtue of article L121202 of the Consumer Code, the 7-day withdrawal period does not apply in the context of the provision of services by the Institut MERMOZ.

 

 

Appendix 1

 

Article L. 217-4, Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5, Consumer Code

The property conforms to the contract:

1. If it is fit for the use ordinarily expected of a similar asset and, if so : 

- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12, Consumer Code

Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.

Article L. 217-16, French Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.

Article 1641, Civil Code

The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1648, paragraph 1, Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. 

 

 

 

 

Appendix 2

Withdrawal form 

Please complete and return this form only if you wish to withdraw from your order placed on boutique.institut-mermoz.com except exclusions or limitations to the exercise of the right of withdrawal under the Terms and Conditions of Sale applicable.

For the attention of the Institut MERMOZ - Parc ICADE - 43 avenue Robert Schuman - BP 60444 - 94593 RUNGIS CEDEX

I hereby notify you of my withdrawal from the contract concerning the sale of the below :

Ordered on .............................................................................................................................................................................................................................................

Order number: .............................................................................................................................................................................................................................................

Name of consumer(s): .........................................................................................................................................................................................................................................

Address of consumer(s): .........................................................................................................................................................................................................................................

Signature of the consumer(s) (only if this form is notified on paper) :

 

Date: ...........................................................................................................................................................................................................................................


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