GENERAL TERMS AND CONDITIONS OF SALE

1 - Purpose

These General Terms and Conditions of Sale ("Terms and Conditions") apply to all contracts for the sale of products concluded through the Helistore.fr website.
The Terms and Conditions applicable are those in force on the date the order is placed.
Helistore.fr reserves the right to amend these Terms and Conditions at any time.
These Terms and Conditions may be available in several languages. In case of discrepancy or inconsistency between translated versions, the French version shall prevail.
By placing an order, the Customer unconditionally accepts these Terms and Conditions, which shall prevail over any other terms or conditions.
The Customer acknowledges that they have been fully informed that acceptance of these Terms and Conditions does not require a handwritten signature.

2 - Products

The products and prices displayed on Helistore.fr are valid while they remain available on the website and within the limits of available stock.
Products marked as "Available on Order" are supplied subject to availability from our suppliers.
In accordance with Article L111-1 of the French Consumer Code, and in order to provide Customers with the essential characteristics of the products they intend to purchase, Helistore.fr provides detailed descriptions of the products offered for sale. However, such descriptions are not exhaustive and do not replace the specifications and technical information published by the respective manufacturers. Furthermore, the photographs displayed on Helistore.fr are provided for illustrative purposes only and are not contractually binding.
The Customer is solely responsible for ensuring that the use of products purchased from Helistore.fr complies with the laws and regulations applicable in the country where the products are delivered. Helistore.fr shall not be liable for any breach of such legislation, including customs, tax or import regulations applicable in the country of destination.
The products offered are primarily intended for recreational use and radio-controlled modelling. Professional Customers remain solely responsible for verifying that the products are suitable for their intended professional use and operational requirements. The limitations of liability set out in these Terms and Conditions shall apply to the fullest extent permitted by applicable law.
Minor differences in colour, printing, finish or packaging shall not constitute a defect, particularly with regard to helicopter canopies.
The Customer is responsible for verifying the compatibility of spare parts with their model. Helistore.fr cannot be held liable for an incorrect reference or part number selected by the Customer.
Any modification of embedded software, firmware or electronic settings performed by the Customer or by a third party is carried out entirely at the Customer's own risk.
Helistore.fr shall not be liable for any damage resulting from the installation of software, firmware or updates that have not been supplied or recommended by the product manufacturer.
Spare parts sold by Helistore.fr are intended exclusively as replacement parts for the compatible models specified. Their installation requires appropriate technical knowledge and skills. The Customer is responsible for ensuring compatibility with their model, including where the model has been modified or fitted with components manufactured by third parties.
Unless expressly guaranteed by the manufacturer, Helistore.fr does not guarantee the future availability of spare parts.
The Customer is solely responsible for complying with all import regulations applicable in the destination country, including customs clearance formalities, import permits, customs duties, VAT, taxes and any other governmental charges.

3 - Orders

Orders are placed through the Helistore.fr website and payment must be made using one of the payment methods offered.
For any question regarding an order, product information, warranty request or complaint, the Customer may contact Helistore.fr through the contact details provided on the website.

By accepting these Terms and Conditions without reservation and validating payment, the Customer confirms acceptance of the order. Payment together with the electronic records relating to the order shall constitute proof of the transaction and shall be binding upon the Customer.

Confirmation of the transaction will be sent by email to the address provided by the Customer.

An order shall only become valid once full payment of the total purchase price has been received.

For logistical reasons, any order whose status is "Being Prepared" can no longer be modified by the Customer.

Orders are processed only after payment has been received. The order date shall correspond:

• to the date on which payment by credit or debit card is authorised;
• to the payment notification date for PayPal payments; or
• to the date on which a bank transfer is received for payments made by bank transfer.

Despite the care taken in monitoring inventory levels, should one or more products become unavailable after an order has been placed, the Customer will be informed by email and may request either cancellation of the order or amendment thereof through the customer service department.

Helistore.fr reserves the right to refuse any order, in particular in cases involving suspected fraud, suspicious payment activity, previous unpaid invoices, abusive behaviour, obvious pricing errors, exceptional stock shortages, product discontinuation by the manufacturer, or any manifestly abnormal order request.

4 - Pre-Orders

Certain products offered on Helistore.fr may be available for pre-order.
The estimated availability and delivery dates displayed on Helistore.fr are provided for information purposes only and are based on information supplied by manufacturers or distributors. Such dates may change at any time depending on updated information received from manufacturers or distributors and shall not constitute a contractual commitment by Helistore.fr.
Manufacturers may also modify a product prior to its commercial release without prior notice, including its reference number, colour, packaging, accessories, technical specifications or documentation. Such modifications shall not give rise to any liability on the part of Helistore.fr provided that the product delivered corresponds to the version marketed by the manufacturer.
In the event of production delays, supply delays, reduced allocations, discontinuation of production or definitive cancellation of a product by the manufacturer or distributor, Helistore.fr shall inform the Customer as soon as reasonably possible. The Customer may then choose to maintain, modify or cancel the pre-order. Any amounts already paid shall be refunded as soon as reasonably practicable.
Delays or cancellations attributable to manufacturers, distributors or carriers shall not entitle the Customer to any compensation, penalty or claim for damages against Helistore.fr.
Unless expressly stated otherwise, any payment made in respect of a pre-order shall constitute an advance payment only and shall not be regarded as a deposit giving rise to the legal consequences attached to earnest money under French law.

5 - Prices – Payment

The prices of the products offered by Helistore.fr are those displayed on the website at the time the order is placed. All prices are stated in Euros (€). Any applicable VAT or taxes are displayed during the ordering process according to the delivery country and applicable regulations. Packaging and shipping costs are added during the checkout process.
Payment may be made by credit or debit card, bank transfer, bank cheque (up to a maximum amount of €150), or via PayPal.
The applicable packaging and shipping charges are displayed before the Customer confirms the order.
The Customer may view and print their invoice from their customer account. A delivery note is enclosed with each shipment.
Retention of Title: ownership of the products shall remain vested in Helistore.fr until full payment of the purchase price has been received.
Despite the care taken to keep the website www.helistore.fr up to date, should an obviously erroneous or manifestly incorrect price be displayed, Helistore.fr reserves the right to cancel the order after informing the Customer.

6 - Delivery

Products shall be delivered to the delivery address specified by the Customer when placing the order using Colissimo, Lettre Suivie, Chronopost, UPS, or any other carrier selected by Helistore.fr.
For logistical reasons, an order may be shipped in several separate consignments.

Delivery times are calculated from the date on which the order is validated and depend on the availability of stock and the estimated delivery times displayed on the website.
Helistore.fr shall not be liable for any delay or failure in delivery resulting from an incorrect, incomplete or inaccurate delivery address provided by the Customer. In such cases, any reshipment costs shall be borne exclusively by the Customer.

Upon delivery, the Customer must carefully inspect the parcel before accepting it. If the parcel appears damaged, opened, resealed, repackaged or shows any other sign of tampering or abnormality, the Customer must record detailed reservations and inspect the contents in the presence of the carrier before signing for receipt. If damage is confirmed, or if the Customer refuses delivery, the parcel should not be accepted and will be returned to Helistore.fr.
Acceptance of a parcel without reservation may make it more difficult to establish that damage occurred during transport. However, such acceptance shall not affect the Customer's statutory rights under the applicable legal guarantees.
In accordance with the provisions of the French Consumer Code, the risk of loss of or damage to the products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier proposed by Helistore.fr, takes physical possession of the goods.

Where a damaged parcel is accepted, the Customer must make clear handwritten reservations on the carrier's delivery documents and confirm those reservations to the carrier by registered letter with acknowledgement of receipt within the time limits prescribed by the applicable regulations. A copy of such correspondence must also be sent to Helistore.fr. Where possible, photographs of the damaged parcel and products should also be provided.
Where the Customer refuses delivery of a parcel, they must notify Helistore.fr via their customer account or by email no later than two (2) days after the attempted delivery.

Delivery times shall be calculated from the date on which payment is received. In the event of a delivery delay, the Customer is encouraged first to contact the carrier directly or consult the carrier's online tracking service. Where appropriate, Helistore.fr may initiate an investigation with the carrier.
Helistore.fr shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to strikes, terrorist acts, supplier failures, delivery delays, stock shortages, acts or omissions of the Customer, unforeseeable and unavoidable acts of third parties, or events constituting force majeure.

Unless otherwise agreed in writing, the Customer acts as the importer of record.
Unless otherwise agreed in writing, all international shipments are made under DAP (Delivered At Place) Incoterms® rules, as published by the International Chamber of Commerce (ICC). Import duties, customs clearance charges, VAT, local taxes and all other import-related costs shall be borne exclusively by the Customer. Customers are advised to verify the import restrictions applicable in their country before placing an order.
Helistore.fr shall not be liable if a parcel is detained, delayed, refused, abandoned, destroyed or returned by customs authorities due to the Customer's failure to comply with local import regulations or to pay the applicable duties or taxes.
The Customer shall be responsible for providing any documents or information required by customs authorities.
Any storage charges, return shipping costs, customs duties, destruction fees or other expenses arising from such circumstances shall be borne exclusively by the Customer.
No refund shall be due in respect of shipping charges, customs duties or products abandoned or destroyed by customs authorities.

7 - Unclaimed Parcels

Where a parcel is returned to Helistore.fr because it was not collected by the Customer within the time limit specified by the carrier, because the delivery address provided was incomplete or incorrect, or for any other reason attributable to the Customer, the Customer shall be notified by email.
The Customer may request that the order be reshipped, subject to prior payment of the new shipping costs and, where applicable, any return charges invoiced by the carrier.
Should the Customer instead request cancellation of the order after the parcel has been returned, Helistore.fr shall refund the amount paid for the returned products, less the initial shipping charges, any return costs actually charged by the carrier and, where applicable, any additional costs directly resulting from the return where such costs are attributable to the Customer.

8 - Right of Withdrawal

Consumers have the right to withdraw from their purchase within fourteen (14) calendar days following receipt of the goods, without having to provide any reason.
The statutory right of withdrawal applies only to consumers acting outside the scope of their professional activity.
To exercise this right, the Customer must notify Helistore.fr of their decision by email, post or through their customer account before the withdrawal period expires. Helistore.fr will acknowledge receipt of the withdrawal request by email.
The products must be returned by a shipping method chosen by the Customer. Return shipping costs shall be borne exclusively by the Customer.
Products must be returned complete, in their original packaging and in a condition suitable for resale. The Customer shall be liable for any diminished value resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products.
Products that have been damaged by the Customer shall neither be refunded nor exchanged.

The right of withdrawal may be exercised without penalty, except that the Customer remains responsible for the return shipping costs.
When exercising the right of withdrawal, the Customer may choose either:

• to receive a refund of the amounts paid; or
• to exchange the product.

Where an exchange is requested, the shipping costs for the replacement product shall be borne by the Customer.

Helistore.fr shall issue the refund within the time period prescribed by the French Consumer Code after receipt of the returned products. Refunds shall be made using the original payment method whenever possible, namely by crediting the Customer's payment card or PayPal account, or by cheque where appropriate.
When returning products under the right of withdrawal, the Customer must enclose a copy of the purchase invoice.
As the sender of the returned goods, the Customer remains solely responsible for any dispute relating to the return shipment, including loss, theft or damage occurring during transport, and shall pursue any claim directly with the carrier selected for the return shipment.

9 - Scope of the General Terms and Conditions of Sale

If one or more provisions of these Terms and Conditions are deemed invalid or unenforceable pursuant to applicable law or following a decision by a competent court, the remaining provisions shall remain fully valid and enforceable.
Force Majeure: events or circumstances beyond the control of the parties, which are unavoidable, unforeseeable and independent of their will, shall be considered as cases of force majeure or events exempting the parties from liability.
In such circumstances, Helistore.fr and the Customer shall endeavour to consult with each other in order to assess the impact of the event and agree on the conditions under which performance of the contract may continue.

10 - Non-Waiver

The fact that Helistore.fr does not, at any given time, invoke any provision of these Terms and Conditions shall not be interpreted as a waiver of its right to invoke such provision at a later date.
Likewise, any tolerance or failure by Helistore.fr to request compliance with one or more provisions of these Terms and Conditions shall not constitute an acquired right for the Customer, nor shall it prevent Helistore.fr from requiring compliance with such provisions in the future.

11 - Warranties

The Customer acknowledges that Helistore.fr does not manufacture the products sold on its website within the meaning of French Law No. 98-389 of 19 May 1998 relating to liability for defective products.
Where applicable, liability arising from a defective product shall be assessed in accordance with the applicable legal provisions governing product liability.
Products benefit from the statutory warranties provided for under the French Consumer Code and the French Civil Code. Any commercial warranty that may be granted shall be specified on the product page or in the manufacturer's documentation.
For products covered by a commercial warranty provided by the manufacturer or distributor, Helistore.fr may offer the Customer direct assistance through the relevant after-sales service department where this solution enables faster processing of the request. Such arrangements shall not affect the Customer's rights under statutory warranties.
Radio-controlled helicopter kits are covered by the manufacturer's manufacturing warranty.
If the Customer believes that their kit contains a defective part, they should contact the manufacturer directly or contact Helistore.fr customer support by email. Helistore.fr will make reasonable efforts to assist the Customer in obtaining a replacement part from the manufacturer.
The manufacturer may require the defective part to be returned either directly to the manufacturer or to Helistore.fr, at the Customer's expense, for inspection by the relevant team.
Once inspection has been completed, the manufacturer shall determine whether the part should be repaired, returned or replaced.

12 - Battery Warranty

Where a battery manufacturer provides a commercial warranty for its products, such warranty may no longer apply once the battery has been connected to a charger, used or discharged, in accordance with the manufacturer's warranty conditions. Such limitation shall not affect the Customer's statutory rights.
Any modification, replacement or alteration of battery cables or connectors (including installation, replacement or soldering operations) shall automatically void the manufacturer's commercial warranty for the battery.

13 - Statutory Warranty of Conformity

Products sold by Helistore.fr benefit from the statutory warranty of conformity provided for under the French Consumer Code, as well as the statutory warranty against hidden defects provided for under the French Civil Code.
The Customer benefits from the statutory warranty of conformity where a lack of conformity appears within the period provided for by applicable legislation from the date of delivery of the goods.
Where a lack of conformity is established, the consumer may request that the product be brought into conformity by repair or replacement, under the conditions provided by law.

If repair or replacement is impossible, involves disproportionate costs, or cannot be carried out within the statutory time limits, the Customer may obtain a price reduction or termination of the contract under the conditions provided by applicable legislation.
The implementation of the statutory warranty of conformity shall be free of charge for the consumer.
The consumer also benefits from the statutory warranty against hidden defects under the conditions set out in Articles 1641 to 1649 of the French Civil Code.
Statutory warranties shall not cover defects resulting, in particular, from:

• use of the product that is inconsistent with its intended purpose or with the instructions provided;
• improper installation or assembly carried out by the consumer where such installation or assembly was not performed in accordance with the instructions provided;
• lack of maintenance, negligence, accident, modification or repair carried out by an unauthorised third party;
• normal wear and tear of the product where such wear is consistent with the nature and age of the product.

These exclusions shall apply only where they are the cause of the alleged defect and shall not deprive consumers of rights granted to them by mandatory provisions of the French Consumer Code.
For any claim made under statutory warranties, the consumer is invited to contact Helistore.fr customer service, specifying the order number, a description of the defect identified and, where possible, any information that may assist in determining its origin (photographs, videos or any other relevant evidence).
Helistore.fr may request that the product be returned in order to carry out an examination where necessary.
These provisions are without prejudice to any rights granted to consumers under applicable mandatory legislation.
Any commercial warranty that may be granted by Helistore.fr shall be additional to statutory warranties and shall not replace them.

14 - Use and Safety Precautions Relating to Lithium Batteries (Li-Ion / Li-Po)

Lithium-Ion and Lithium-Polymer batteries (Li-Ion / Li-Po) are technical components requiring use, charging, storage and handling in accordance with the manufacturer's recommendations.
The Customer acknowledges having been informed that the use of Lithium batteries in radio-controlled modelling requires strict compliance with safety instructions, particularly with regard to the use of an appropriate charger, compliance with recommended charging and discharging voltages and currents, supervision during charging, storage conditions, and the immediate cessation of use in the event of a damaged, swollen battery or any battery showing abnormal behaviour or signs of malfunction.

Helistore.fr shall not be liable for any damage resulting from improper use of batteries, including but not limited to overcharging, excessive discharge, short circuit, reverse polarity, modification of connectors, alteration, impact, puncture, use with unsuitable equipment or failure to comply with the manufacturer's recommendations.
The Customer acknowledges that Lithium batteries may present risks of fire, heat generation or deterioration when used under inappropriate conditions. It is the sole responsibility of the user to take all necessary precautions to ensure safe use of these products and to protect persons and property located nearby.

15 - Limitation of Liability

A - General Provisions

Helistore.fr shall not be liable for any indirect or intangible damages, including but not limited to loss of business, loss of turnover, loss of profits, loss of data, loss of enjoyment, equipment downtime or any other economic loss resulting from the use of, or inability to use, the products sold.
Helistore.fr shall also not be liable for damages resulting, in particular, from:

• use of products that does not comply with the manufacturer's instructions;
• assembly, adjustment, repair or modification carried out by the Customer or by a third party;
• normal wear and tear of products;
• accident, impact, fall, crash, immersion, overvoltage, reverse polarity or any other improper use of products;
• incompatibility between a product ordered and equipment owned by the Customer where such incompatibility does not result from an error attributable to Helistore.fr.

The limitations of liability set out in this section shall not apply in the event of gross negligence or wilful misconduct by Helistore.fr, nor in cases where such limitation is prohibited by mandatory applicable law.
The performance, operating time, speed, accuracy and lifespan of batteries, motors or any other components depend in particular on conditions of use, assembly, settings, maintenance and environmental conditions.
Values and specifications provided by manufacturers are indicative only and do not constitute contractual commitments by Helistore.fr.
To the maximum extent permitted by applicable law, Helistore.fr's liability shall in no event exceed the amount actually paid by the Customer for the order concerned.

B - Limitation of Liability Relating to Lithium Battery Packs

Helistore.fr shall not be liable for any consequences arising from the use of Lithium batteries, which require strict compliance with operating instructions in order to prevent damage to the product and its surrounding environment.
Helistore.fr cannot guarantee that Customers will comply with recommended charging and discharging currents, capacities, operating cycles, storage requirements and safety precautions when using battery packs in radio-controlled modelling applications.
Consequently, damage resulting from improper use shall not be the responsibility of Helistore.fr, subject to any mandatory statutory provisions.
Helistore.fr shall not be liable for damage resulting from improper use, misuse, alteration or failure to comply with the manufacturer's safety instructions, except where such liability cannot be excluded under mandatory applicable law.
Helistore.fr is therefore released from any liability relating to the use of Lithium batteries, including but not limited to partial or total destruction of a model aircraft or helicopter, destruction of the battery itself, damage caused to surrounding property or third parties, and premature ageing of electronic or electrical components.
This limitation of liability applies whether the battery was supplied together with a model or purchased separately.

16 - Intellectual Property

All elements comprising the website www.helistore.fr, including but not limited to texts, descriptions, photographs, illustrations, graphic elements, logos, icons, layouts, databases, software and editorial content, are protected by intellectual property laws and remain the exclusive property of Helistore.fr or their respective owners.
Any reproduction, representation, adaptation, modification, extraction, distribution or use, whether in whole or in part, of these elements, by any means whatsoever, without the prior written authorisation of Helistore.fr, is strictly prohibited.
Photographs, technical descriptions, trademarks, logos, trade names and other elements belonging to manufacturers or distributors of products displayed on Helistore.fr remain the exclusive property of their respective owners.
Their presence on the website is intended solely for the purpose of informing customers and marketing the relevant products.
The purchase of a product from Helistore.fr does not result in any transfer of intellectual property rights to the Customer in relation to trademarks, designs, manuals, software, photographs or any other protected elements associated with the products.
Any unauthorised use of protected elements may constitute an act of infringement or unfair competition and may result in civil and/or criminal liability for the person responsible.

17 - Consumer Mediation

This mediation service applies only where required or available under applicable French consumer law.
FEVAD Consumer Mediator - BP 20015 - 75362 PARIS CEDEX 8 - France

18 - Applicable Law

These Terms and Conditions are governed by and shall be interpreted in accordance with French law.
This choice of law shall not deprive consumers of the protection afforded by mandatory provisions of the law of the country in which they reside, where such provisions apply.

19 - Safety Warnings Relating to Radio-Controlled Models

The products sold by Helistore.fr, including in particular radio-controlled models, their motors, batteries, propulsion systems and accessories, are intended for users who possess the knowledge and skills required for their assembly, adjustment, operation and maintenance.
Beginner users are strongly encouraged by Helistore.fr to seek advice from a model club in order to receive appropriate advice and guidance before using such products.
The use of these products may involve risks of personal injury, property damage or fire in the event of incorrect assembly, improper adjustment, inappropriate use, insufficient maintenance or failure to comply with the manufacturer's instructions.
Before operating any product, the Customer agrees to read and comply with all manuals, safety recommendations and operating instructions provided by the manufacturer.
The Customer is responsible, in particular, for checking the condition of the equipment, the tightening of mechanical components, the correct operation of electronic and safety systems, and the compatibility of the various components used.
Radio-controlled models must be operated in a suitable environment (generally outdoors), in compliance with applicable regulations and with due regard for the safety of persons, animals and property.
The user remains solely responsible for the conditions under which the equipment is operated and for any damage resulting from improper, careless or non-compliant use, or from failure to follow the manufacturer's recommendations.
The limitations of liability provided for in this section shall not prevent the application of statutory warranties available to consumers, nor shall they exclude Helistore.fr's liability where such liability arises under mandatory legal provisions.

Specific Provisions Relating to Radio-Controlled Helicopters

Radio-controlled helicopters are machines containing rapidly moving mechanical parts that may cause personal injury or property damage.
Before each use, the user must check, in particular:

• the general condition of the helicopter;
• the tightening and threadlock securing of screws and mechanical components;
• the correct operation of the controls;
• the condition of the rotor blades;
• the condition of the rotor head;
• the condition of the batteries;
• and the proper functioning of safety systems.

Testing, adjustments and flights must be carried out in an open area suitable for radio-controlled modelling activities and in compliance with all applicable safety rules.
Helistore.fr shall not be liable for damage resulting from incorrect assembly, improper adjustment, inadequate maintenance, inappropriate repairs, product modifications or use that does not comply with the manufacturer's recommendations.