GENERAL TERMS AND CONDITIONS OF USE
SKYdeals, a French simplified limited company (SAS) with share capital of €1,164, having its registered office at 128 rue La Boétie, 75008 Paris, registered on Paris Trade and Companies Register under number 825 233 448 – telephone number +33 (0) 1 78 90 04 80 – EU VAT number FR 08825233448 (hereinafter “SKYdeals”) designed and publishes a website which is accessible on the www.SKYdeals.shop domain name in the form of an electronic platform (hereinafter the “Website“).
On this platform, SKYdeals allows individuals with full legal capacity and acting as consumers within the meaning of statutory and case law, travelling on a flight organised by a partner airline of SKYdeals (hereinafter the “Passenger(s)”) to:
- be put into contact with professional sellers (hereinafter the “Seller(s)”) listed on the Website,
- access the Sellers’ sales offers of products and/or services (hereinafter the “Product(s)/Service(s)”), and
- purchase them.
Article 1 – Scope – Amendment of the General Terms and Conditions
These general terms and conditions (hereinafter the “T&Cs”) define:
- firstly, the terms and conditions of use of the Website by Passengers, and
- secondly, the terms and conditions of sale of Products/Services concluded between Sellers and Passengers.
1.2 Capacity of SKYdeals
SKYdeals is an intermediary, which:
- in its capacity as service provider, publishes the Website that brings Passengers and Sellers of Products/Services into contact, and
- in its capacity as host, allows Sellers to present and sell their Products/Services.
SKYdeals does not personally sell the Sellers’ Products/Services. It is not a party to the sale agreements entered into directly by Sellers and Passengers and shall not be held liable for performance or non-performance thereof. This liability is solely that of the Sellers.
Likewise, SKYdeals shall not be held liable for the unlawful nature of any information provided by Sellers on the Website, except where SKYdeals has continued to display such information online after being given express notice in accordance with Article 6 I 5 of French Law No. 2004-575 of 21 June 2004 “pour la confiance dans l’économie numérique”.
1.3 Acceptance of the T&Cs
By ordering a Product/Service on the Website from a Seller, the Passenger shall be deemed to have fully and unconditionally accepted:
- firstly, the specific features of the Products/Services (name, components, weight, colours, etc.) and the terms and conditions of the sales offer of said Products/Services (duration, price, etc.) displayed on the Website by the relevant Seller, and
- secondly, the T&Cs, which the Passenger represents and acknowledges that he/she has read and expressly accepted, by ticking on the box stating, “I have read and unconditionally accept the T&Cs applicable to the Website”.
1.4 Amendment of the T&Cs
The T&Cs shall apply as long as they are displayed on the Website. SKYdeals reserves the right to amend the T&Cs at any time. However, it is emphasised that the applicable T&Cs shall be the T&Cs in force on the order date of a Product/Service by a Passenger, as formally accepted by the latter.
Article 2 – Registration of the Passenger on the Website
The Passenger must provide at least the following information to place an order:
- personal details: title, first name, surname,
- contact details: e-mail address, mobile telephone number, billing address and, where applicable, delivery address, etc.
This information must be provided for the purpose of managing orders and the contractual and commercial relationship between Sellers and Passengers. The Passenger undertakes to provide accurate and correct information and to inform SKYdeals regarding any changes to his/her information via the Website.
SKYdeals and the Seller shall not be held liable for any input errors by the Passenger, incorrect or obsolete information disclosed by the latter or any consequences deriving therefrom, such as late performance of an order and/or error in delivery of the Products/Services. In such cases, all costs incurred to reship the order shall be borne by the Passenger in full.
Article 3 – Sales offers of Products/Services
3.1 Description of Products/Services
Each Product/Service displayed on the Website shall include a description drawn up by the Seller. The latter shall be exclusively liable for the information on its offers of Products/Services displayed on the Website including, inter alia, regulatory compliance thereof and such information being accurate, precise and comprehensive.
3.2 Availability of Products/Services
Offers of Products/Services shall be deemed to be valid as long as they are displayed on the Website, with the exception of special deals whose duration, and terms and conditions and conditions of validity are expressly specified by the relevant Seller on the Website.
If, despite the care taken by the Seller to update its offers of Products/Services, one or more Products/Services becomes unavailable, the Seller undertakes to promptly inform the Passenger thereof. It is emphasised that no amount shall be charged to the Passenger for unavailable Products/Services.
Article 4 – Orders of Products/Services
4.1 Placing orders
After selecting the Products/Services of his/her choosing and adding them to his/her basket, the Passenger must read and unconditionally accept the T&Cs and click on the “CONFIRM PAYMENT” box to finally confirm his/her order.
4.2 Order confirmation
SKYdeals shall confirm the order to the Passenger by e-mail. The order summary shall include inter alia:
- the Seller’s name,
- the order number,
- the key features of the Products/Services ordered and the price, and
- where applicable, the Passenger’s right to exercise his/her cancellation right with regard to the Seller.
Conversely, the Seller may refuse to confirm all or part of the Passenger’s order, inter alia due to:
- unavailability of one or more relevant Products/Services,
- foreseeable problems relating to the delivery to be carried out, and/or
- the occurrence of previous disputes with the Passenger.
SKYdeals shall inform the Passenger in the event of the Seller’s refusal. It is emphasised that no amount shall be charged to the Passenger for unavailable Products/Services and/or refused orders.
Product(s)/Service(s) ordered shall be delivered in accordance with the terms and conditions and within the delivery deadlines offered by the Seller, as specified by the latter on the Website and starting with effect from the Seller’s order confirmation.
In particular, the Passenger shall receive a printable or downloadable coupon/voucher for Services.
It is recommended that the Passenger checks compliance on delivery and signs a delivery slip on which he/she can make any observations.
Any Product/Service that does not comply with the order may be refused by the Passenger on delivery or subsequently returned by the Passenger to the Seller. The Seller shall be required to:
- either provide a Product/Service that complies with the order at its expense, or
- refund the price in full to the Passenger.
To this end, the non-compliant Product/Service must be returned to the Seller in accordance with the terms and conditions laid down by the latter -where applicable, enclosing a duly completed return form and a copy of the purchase invoice-. The non-compliant Product/Service must be in the original condition (or, at the very least in packaging providing similar protection to said Product/Service during the return shipment), unused and/or unconsumed and complete (accessories, instructions, warranty, etc.). The Passenger is advised to keep the proof of return by recorded delivery post, or by any other duly dated means. The Seller shall bear the return costs if non-compliance of the Product/Service recorded by the Passenger is established.
4.4 Delivery deadlines
In the event of the Seller’s failure to fulfil its obligation to deliver the order by the scheduled date, the Passenger may request cancellation of the order or agree with the Seller for the delivery to be made within an additional reasonable timeframe.
The automatic registration systems used by SKYdeals on the Website are considered to constitute proof of the nature, content and date of the order between the Passenger and the Seller.
Article 5 – Prices and payment of Orders
The relevant Seller shall set the sale price for each Product/Service. The price of the Products/Services charged shall be the price in Euros (including all taxes applicable in France) displayed on the Website on the order date. All costs of carriage and delivery to be added to the price of the Products/Services ordered shall be displayed on the Website in the order summary, before the Passenger finally confirms his/her order.
Products/Services, which are delivered and charged to the Passenger, shall remain the Seller’s property up until payment of the price in full. Non-payment may result in the Seller taking action to establish ownership of the Products/Services. However, this shall not prevent the transfer of risks to the Passenger in relation to loss or damage of the Products/Services and any damage that they may cause with effect from delivery.
Payment shall be made online by the Passenger on the Website on placing the order. The price shall consequently be collected by SKYdeals on behalf of the relevant Seller. It is emphasised that in the event of irregular, incomplete or non-existent payment, the Seller reserves the right to suspend the delivery of the Products/Services ordered.
The Passenger must enter his/her credit card details to make an online payment (card number, expiry date and CVV code). The Passenger expressly represents and warrants that he/she is the holder of the credit card used.
SKYdeals certifies to the Passenger that it encrypts credit card details, the following credit cards being accepted: CB, Visa and Eurocard Mastercard.
Article 6 – Cancellation
The cancellation right may not be exercised for orders relating to Products/Services listed in Article L. 221-28 of the Consumer Code, including inter alia:
- Products/Services fully performed prior to the expiry of the cooling-off period and whose performance started after the Passenger granted his/her express waiver of the latter’s cancellation right;
- Products/Services manufactured in accordance with the Passenger’s specifications or clearly personalised;
- Products/Services for accommodation (other than residential accommodation), carriage of goods, car rental, catering or leisure activities which must be provided on a specific date or during a specific period, etc.
6.2 Cooling-Off period
The Passenger shall be entitled to a fourteen (14) day cooling-off period:
- with effect from the Seller’s acceptance of his/her order for a Service and
- with effect from delivery of the Product.
6.3 Exercising the cancellation right
To exercise his/her cancellation right, the Passenger must inform the Seller of his/her decision to cancel using the cancellation form available on the Website or by sending an unequivocal statement to: contact@SKYdeals.shop.
6.4 Consequences of the cancellation right
The Passenger shall be required to send back or return the Products/Services to the Seller, without undue delay and, at the latest, within fourteen (14) days after giving notice of his/her decision to cancel the order.
Unless otherwise specified by the Seller, the Passenger shall pay the direct costs for returning the Products/Services.
The Passenger’s exercise of this right shall trigger the obligation for the Seller to fully refund the price of the relevant Products/Services and the cost of the initial delivery, except for Services which the Seller has started to perform – at the Passenger’s express request – prior to expiry of the cooling-off period. In the latter case, the price refunded by the Seller shall be reduced by the amount corresponding to the Service actually provided by the Seller up until the cancellation right was exercised.
The refund shall be made to the Passenger within fourteen (14) days after the date on which the Seller is informed of the Passenger’s wish to cancel. However, the Seller reserves the right to extend this period up until the first of two (2) dates occurring between:
- the Seller’s receipt of the Product/Service returned by the Passenger, and
- the Passenger providing proof of return of the Product/Service.
The Passenger’s refund shall be made using the same means of payment used for the initial transaction.
6.5 Terms and conditions of return of the Products/Services
Products/Services must be returned in the original packaging (or, at the very least, in packaging providing similar protection to said Products/Services during the return shipment), and in a good condition to enable the Seller to put the Products/Service back on sale, enclosing any accessories and literature.
The price of any returned Product/Service, which is damaged, incomplete or used, shall not be refunded in full. However, the Passenger shall not be held liable for any damage to the Product/Service resulting from handling and/or use other than strictly required to establish the nature, features and good working order of said Product/Service.
Article 7 – Warranty
Regardless of the sales warranties offered by the Seller to the Passenger, the Seller shall be required to provide statutory warranties relating to compliance and defects:
- Article L. 217-4 of the French Consumer Code: “The seller shall deliver goods that comply with the contract and is liable for compliance defects existing at the time of delivery.
It shall also be liable for compliance defects resulting from the packaging, assembly instructions or installation when the latter was carried out in accordance with its contractual obligations or under its liability.”
- Article L. 217-5 of the French Consumer Code: “The product shall comply with the contract:
- If it is fit for the purpose generally expected of a similar product and, where applicable:
– if it corresponds to the description given by the seller and has the features presented thereby to the buyer in the form of a sample or model;
– if it has features which a buyer can legitimately expect in view of the public statements made by the seller, the manufacturer or its representative, including inter alia in the advertising or labelling;
- Or if it has features defined by mutual agreement of the parties or is fit for any specific sought by the buyer, which was brought to the seller’s attention and accepted by the latter.”
- Article L. 217-12 of the French Consumer Code: “Action relating to a compliance defect is time-barred after a two-year time limit with effect from delivery of the product.”
- Article L. 217-16 of the French Consumer Code: “When the buyer asks the seller, during the term of the sales warranty granted thereto on purchase or repair of a product, reconditioning covered by the warranty, any period during which the product was undergoing repair shall be added to the remaining term of the warranty.
This period shall start with effect from the buyer’s support request or handover of the relevant product, if such handover takes place after the support request.“
- Article 1641 of the French Civil Code: “The seller is bound by a warranty against hidden defects in the thing sold that render it unfit for the intended purpose, or that so impair use thereof that the buyer would not have bought it, or would only have given a lesser price for it if he/she had known of the defects.”
- Article 1648, paragraph 1 of the Civil Code: “Action resulting from hidden defects must be brought by the buyer within a two-year time limit with effect from detecting the defect.”
Article 8 – Claims/Disputes
8.1 Claims relating to the Website
All Passenger queries relating to the running of the Website may be sent to SKYdeals, at the following address: contact@SKYdeals.shop.
8.2 Disputes between Sellers and Passengers
The Passenger must directly contact the Seller regarding any problem or claim relating to a Product/Service purchased on the Website.
SKYdeals does not make sales offers of the Sellers’ Products/Services and is not a party to sale agreements entered into between Sellers and Passengers. It may therefore not be held liable for the consequences of such offers and agreements. In the event that a Passenger makes a claim to SKYdeals, it shall forward it to the relevant Seller, which shall be exclusively in a position to reply and may incur liability in this respect. However, SKYdeals may, however, offer reasonable assistance to facilitate the resolution of disputes between Passengers and Sellers.
Article 9 – Personal Data
The Passenger may be asked to provide personal data on the Website for the purpose of identifying him/her, replying to his/her requests, putting him/her into contact with Sellers, acknowledging and performing orders for Products/Services by Sellers, and improving the Website.
The terms and conditions of processing such personal data are laid down in the Website Confidentiality Policy
Article 10 – Final Provisions
10.1 Entire Agreement
In the event where one of the provisions of the T&Cs is held to be invalid or unenforceable, the remainder of the provisions shall remain in full force and effect.
10.2 Governing Law and Disputes
With the exception of overriding mandatory provisions deriving from EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (“Rome I”), the T&Cs are governed by French law.
In the event of a dispute arising in relation to an order or delivery of Products/Services by a Seller, the Passenger shall have the option before taking any legal action to attempt to reach an amicable solution with the Seller and to appoint the Mediator for Consumer Protection with remit over the Seller.