PREAMBLE
These general terms and conditions of sale (hereinafter "GTC") govern the contractual relationship between the company Atlantic Corporation, SARL, (hereinafter "Atlantic Corporation" or "we" or "the site" or "the seller"), and any natural or legal person making a purchase on the website airsoft-atlantic.com (hereinafter "the buyer" or "the client" or "you").
Atlantic Corporation operates several websites including airsoft-atlantic.com and other online sales platforms. These GTC apply to all of these sites, subject to specific provisions applicable to each of them.
1. SCOPE OF APPLICATION
These general terms and conditions of sale apply to all our sales of equipment and services offered by Atlantic Corporation on the site airsoft-atlantic.com.
Placing an order with us implies the buyer's full and unreserved adherence to our general terms and conditions of sale.
No special condition may, unless formally accepted in writing by us, prevail over our general terms and conditions of sale.
Any contrary condition set by the buyer shall therefore be unenforceable against us unless expressly accepted by us.
The fact that Atlantic Corporation does not invoke at a given time any of the provisions of these general terms and conditions of sale shall not be interpreted as a waiver of said provision for the future.
2. ORDERS
In accordance with Decree No. 99-240 of March 24, 1999 relating to the conditions of marketing certain objects resembling firearms, the sale of such products is strictly prohibited to minors. By placing an order on the site airsoft-atlantic.com, you declare that you are at least 18 years old and have taken note of this regulation. Decree No. 99-240 of March 24, 1999 is recalled at the end of these general terms and conditions of sale. The essential characteristics of the products are available on the product sheets of the site airsoft-atlantic.com.
We are only bound by orders once confirmed in writing by us and, in the case of distance sales, after payment validation by our bank if payment is made by credit card, or after cashing the check. Both conditions are cumulative.
Orders placed on the server are binding on the client as soon as our customer service receives the order and its payment.
In the case of cash-on-delivery payments, orders placed on the server are binding on the client as soon as our customer service receives the order.
The content of the order is that specified in the order confirmation.
To place an order, the client must identify themselves by completing the form provided, which must include the necessary information for their identification: name, first name, phone number, postal address, delivery address, etc. All fields are mandatory.
3. RIGHT OF WITHDRAWAL
In accordance with Article L121-17 of the French Consumer Code, the user is informed of their right of withdrawal. A "Contact Us" link leading to an online form to be completed and sent to customer service is available in the footer of each page of the site airsoft-atlantic.com. In addition, to finalize the order, the client must check the box acknowledging awareness of their rights and the continuation of the order.
In accordance with the provisions of the Articles of the Consumer Code, the client has a period of fourteen clear days from the delivery date to return delivered goods.
In accordance with Article L. 221-23 of the Consumer Code, the direct costs of returning goods remain the responsibility of the client, unless the return is due to an error on our part (non-compliant product or delivery error). In such cases, return costs will be at our expense. The risks are borne by the client until receipt of the goods in our premises. It is therefore the responsibility of the client to insure the returned goods against loss, shortages, and damage. Returning equipment under warranty is subject to the following conditions: the product must be returned in its original packaging, in good condition, and must not have been disassembled, modified, or used outside the manufacturer’s standards (lubricant, gas, etc.). As return shipping costs remain the responsibility of the client, they must insure shipments at the invoiced value. In case of exercising the right of withdrawal, we will refund you the total amounts paid, including initial delivery costs, in accordance with Article L. 221-24 of the Consumer Code. Return costs remain at your expense, unless otherwise stated by us.
In accordance with Article L. 221-28 3° of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalized, as well as to non-catalog products meeting these customization criteria.
In accordance with Article L. 221-28 4° of the Consumer Code, the right of withdrawal does not apply to goods liable to deteriorate or expire rapidly. Due to their nature, paintball pellets are excluded from the right of withdrawal.
4. ORDER CANCELLATION
Order cancellation is possible under the conditions provided by law, particularly in the case of the right of withdrawal (Article 3) or delivery delay (Article L. 216-2 of the Consumer Code). Any other cancellation request will be subject to our acceptance.
5. DELIVERY TERMS
Delivery is made either by direct handover of the product to the client, by simple notice of availability, or by delivery to a carrier of our choice in our premises.
The risks of loss or damage of the products are transferred to the consumer/buyer at the time they physically take possession of them.
Upon receipt of the package, it is the buyer’s responsibility to carefully check the general condition of the packaging. In case of apparent anomaly (damaged, opened packaging, etc.), the buyer must issue precise and substantiated reservations on the carrier’s delivery slip. The buyer must then unpack and check the conformity of the order against the delivery slip. Any missing reference or quantity must be reported to the carrier at the time of delivery.
Any defect observed on the delivered products must be clearly indicated on the carrier’s delivery slip. Please note that the statement "subject to unpacking" has no legal value to report damage.
If there is clear doubt about the integrity of the package (damaged or opened packaging), it is imperative to refuse delivery from the carrier. Likewise, in case of delivery via an automatic locker, if there is clear doubt about the package’s integrity, the buyer is invited to follow the locker’s screen instructions to refuse collection.
Promotional offers where shipping costs are free are only valid in mainland France. In certain specific cases (same-day dispatch, redelivery, split order, etc.), Atlantic Corporation may choose a carrier other than the one initially selected.
Important Information on Delivery: Please note the withdrawal deadlines for packages. Automatic lockers have a limited availability period (6 to 8 days). Relay points usually offer longer periods. If a package is returned to our warehouse for failure to collect within the applicable deadlines of the chosen delivery method (locker or relay point), the initial shipping costs will not be refunded. We therefore encourage you to choose the delivery method best suited to your availability.
Change of Delivery Address by the Carrier: For operational reasons specific to the carrier (e.g., recipient absence, delivery access difficulties, relay point exceptionally closed), the delivery may be redirected to a nearby relay point. Atlantic Corporation cannot be held liable for this decision by the carrier. In such cases, it is the client’s responsibility to collect the package from the indicated relay point. No refund of shipping costs or new delivery attempts to the original address may be claimed from Atlantic Corporation as a result.
6. DELIVERY TIMES
Delivery times are provided for informational purposes only and are expressed in business days. In accordance with Article L. 216-2 of the French Consumer Code, if the specified delivery date is exceeded or, failing that, thirty days after the conclusion of the contract, the consumer may terminate the contract under the conditions provided for by law.
Delivery within the specified time frame can only take place if the customer is up to date with their obligations to us.
Although no specific delivery time is guaranteed for orders with free shipping, we strive to deliver within a reasonable time frame. The maximum delivery time remains that provided for by law (30 days).
We reserve the right to ship small items by letter max.
We may also switch your orders to express delivery (GLS).
7. PRICE
The products are sold at the current rate shown on the website at the time of order registration. Prices are expressed in euros, all taxes included, excluding shipping and processing costs.
Atlantic Corporation reserves the right to change its prices at any time. However, products will be invoiced at the price in effect at the time the order is confirmed, subject to availability.
Shipping costs are indicated to the client before the final order confirmation.
8. PAYMENT TERMS
Payment is made at the time of ordering by credit card (Visa, Mastercard, CB), PayPal, bank transfer, check, or cash on delivery (if available). For payments by check or transfer, the order will only be processed upon receipt of payment.
The client guarantees Atlantic Corporation that they have the necessary authorizations to use the chosen payment method.
The products remain the property of Atlantic Corporation until full payment is received.
9. WARRANTY
All products sold on the site benefit from the legal guarantee of conformity (Articles L. 217-4 to L. 217-14 of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code).
Under these guarantees, the client may return defective or non-compliant products for repair, exchange, or refund.
The warranty does not cover normal wear and tear, misuse, negligence, or lack of maintenance by the client, nor damage caused by external factors.
Return costs for a product under warranty are at the client’s expense, unless otherwise indicated by Atlantic Corporation.
10. LIABILITY
Atlantic Corporation cannot be held liable for damages resulting from misuse of the purchased product.
We shall not be held liable for non-performance of the contract in case of stock shortage or product unavailability, force majeure, total or partial disruption or strike (including postal services, transport, and/or communication), flood, fire, or other causes beyond our control.
Hyperlinks on our websites may redirect to other sites. We cannot be held liable if the content of these sites contravenes current legal and regulatory provisions.
11. PERSONAL DATA
Atlantic Corporation undertakes to protect the confidentiality of the personal data communicated by clients on the site and to process them in compliance with the General Data Protection Regulation (GDPR).
The client has the right to access, rectify, delete, and object to their personal data. To exercise these rights, the client may contact us via the "Contact Us" form available on the website.
Collected information is strictly necessary for order processing and may be communicated to Atlantic Corporation partners for order management purposes.
12. INTELLECTUAL PROPERTY
All elements of the site airsoft-atlantic.com, whether visual or audio, including the underlying technology, are protected by copyright, trademark, or patent law.
They remain the exclusive property of Atlantic Corporation. Any reproduction, exploitation, or use, in whole or in part, of these elements, in any form whatsoever, without our prior written authorization, is strictly prohibited and may constitute an infringement.
13. APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale are subject to French law.
In case of dispute, and failing an amicable agreement, jurisdiction is expressly attributed to the competent courts of Nantes, notwithstanding multiple defendants or warranty claims.
14. PRICES - PAYMENT
Goods are delivered at the price in effect at the time the order is placed.
The prices indicated on our paper or online commercial documents are subject to change without notice.
Prices are net, including packaging, except for special packaging, which is charged extra.
Prices include tax and refer to the information provided during the ordering process for details of costs.
Shipping costs are calculated based on the weight of the package and its destination. Shipping costs are automatically recalculated based on your shopping cart and when you confirm your order.
For deliveries outside France, the cost of transport will be charged in addition.
Depending on the destination, we reserve the right to cancel the order.
We reserve the right to cancel the order in exceptional and justified cases (e.g., supply difficulties, obvious pricing errors, errors in shipping costs, delivery difficulties for the carrier), in which case the customer will be informed as soon as possible.
All taxes, duties, and other miscellaneous charges payable under French and European legislation are the responsibility of the buyer.
The corresponding invoice is attached to each delivery.
Our invoices are payable by the customer in cash upon collection of the goods from our premises, and no discount may be deducted.
In the case of delivery, payment of the sale price and related costs must be enclosed with the order.
In the event of late payment, penalties will be applied in accordance with Article L. 441-10 of the French Commercial Code (for professionals) or at the legal interest rate (for consumers), after a formal notice has been sent and has remained without effect.
This interest will accrue from the due date until the date of payment.
In the event of persistent non-payment after a formal notice has been sent, we reserve the right to cancel the sale under the conditions provided for by law and to request the return of the goods, without prejudice to our right to claim damages.
The resolution will affect not only the order in question but also all previous unpaid orders, whether they have been delivered or are in the process of being delivered, and whether or not payment is due.
In the event of payment by commercial paper, failure to return the paper will be considered a refusal of acceptance equivalent to a default in payment.
In the event of non-payment of a previous order, we reserve the right to suspend the execution of current orders until the situation has been rectified.
Failure to meet a payment deadline in the context of a split payment may result, after formal notice, in the immediate payment of all sums due.
In all of the above cases, any sums due for other deliveries or for any other reasons shall become immediately payable and the corresponding orders or future orders shall be terminated.
The buyer shall reimburse all costs incurred in the recovery of the sums due through legal proceedings, including lawyers' and bailiffs' fees.
Under no circumstances may payments be suspended or subject to any compensation without our prior written agreement.
* For PayPal, Banque Postale, and Alma payment methods: When you pay for your purchases, the information related to your order and payment is subject to automated data processing by PayPal, Banque Postale, and Alma.
The purpose of this automated data processing is to review and validate your transactional data necessary for implementation.
When processing payments via PayPal, Banque Postale, and Alma, your personal data is processed in accordance with the General Data Protection Regulation (GDPR). You have the right to access, rectify, erase, restrict the processing of, object to, and transfer your data. To exercise these rights with PayPal, Banque Postale, and Alma, please consult their respective privacy policies. * For gift cards:
* For gift vouchers:
It is not possible to combine multiple gift vouchers, nor to combine a gift voucher with a “coupon code.”
Gift vouchers are valid only once, for one year after their date of purchase. It is not possible to give change on a gift voucher.
If the customer's billing address is in mainland France or in one of the member countries of the European Union (EU), regardless of the delivery location: invoicing includes VAT at the rate currently applicable in mainland France.
If the customer's billing address is in a French overseas department (DOM), a French overseas territory (TOM), or outside the EU, and you request delivery to mainland France or an EU member country: invoicing including VAT at the rate currently applied in mainland France.
If the billing and delivery addresses are in a French overseas department (DOM), a French overseas territory (TOM), or outside the EU: invoicing excluding tax; however, upon arrival of the package, the buyer will be required to clear their goods through customs by paying the duties and taxes applicable upon entry into the department, territory, or country.
15. RESERVATION AND OWNERSHIP
The transfer of ownership of the item sold is subject to full payment of the price by the customer.
However, the risks are transferred under the conditions set out in Point 7 of these General Terms and Conditions of Sale.
The transfer of ownership of the products is subject to full payment of the price. In the event of non-payment within the time limits provided for in Article 14 of these General Terms and Conditions of Sale, we reserve the right to take back the products delivered and, if we so wish, to terminate the contract. In the event of non-payment by the customer or failure to return the goods, we may, without prejudice to any of our rights, demand by registered letter with acknowledgment of receipt that the goods be returned at the expense and risk of the buyer or lessee. We may unilaterally and immediately draw up an inventory of unpaid goods held or not returned by the buyer or lessee, by simple order on request issued by the President of the Bordeaux District Court ruling in civil matters.
The customer shall bear the costs and fees of lawyers and court officials associated with the procedure for claiming the goods and its consequences.
16. LIABILITY FOR THE USE OF THE GOODS SOLD
We cannot be held liable in any way for the misuse of the goods sold, in particular launchers, which are classified as Category 7 weapons and can be dangerous if used incorrectly (by minors, without a mask, etc.).
Please note that launchers must be declared by the customer to the prefecture and/or the police or gendarmerie.
17. JURISDICTION AND APPLICABLE LAW
All contracts and orders accepted by us are governed by French law. Any dispute relating to the execution of an order and/or the interpretation of these Terms and Conditions is subject to French law. In the event of a dispute relating to the interpretation or execution of the agreements between the customer and Atlantic Corporation, an amicable solution will be sought before any legal action is taken.
The Courts of Bordeaux (33) shall have sole jurisdiction, even in the event of incidental claims, third-party proceedings and/or multiple defendants.
18. PROTECTION OF PERSONAL DATA
All data you provide to us is used for the purpose of processing your orders.
In accordance with the General Data Protection Regulation (GDPR) and the amended French Data Protection Act, you have the right to access, rectify, erase, restrict the processing of, object to, and transfer your personal data. To exercise these rights, please contact our customer service department. Your personal data is processed in accordance with our Privacy Policy, which we invite you to consult for more information on how your data is processed and who may receive it.
Customers who request it and can justify it may access the “Association” or “Professional” customer categories. The management of Atlantic Corporation accepts or rejects the request, without any obligation and without having to provide justification.
19. RENTAL
A deposit must be paid before any rental equipment is taken out.
The amount is based on the price of the equipment when new.
This deposit (non-refundable) will be returned after the equipment has been checked upon its return.
No rental or activity is considered confirmed and binding until a deposit has been paid.
Equipment may only be rented to adults upon presentation of their ID card.
When renting equipment, the renter acknowledges that they have read and formally agree to comply with the safety rules.
20. The “free shipping” coupon
For certain events (company anniversary, end-of-year celebrations, thank you to Facebook fans for their loyalty, etc.), Atlantic Coporation may issue a coupon code offering free shipping on orders above a certain purchase amount. This coupon code is always distributed with the minimum purchase amount required to take advantage of it. Delivery in mainland France only. Atlantic Coporation reserves the right to choose the carrier (Colissimo, GLS, TNT, or other carriers). This coupon cannot be added to or combined with other discounts, offers, etc. This coupon cannot be used with the specific rate reserved for professionals or associations. Atlantic Coporation reserves the right to withdraw this coupon at any time without notice. The validity of this coupon is limited in time. The coupon code is available without obligation to purchase. This coupon only applies to the shipping costs of the purchase and does not apply to any other shipping costs (product exchange, return, order cancellation, refund, split orders, etc.). The following products are not eligible for this coupon: pallets of balls, sets of balls, protective nets, inflatable playgrounds.
21. Free delivery on orders over a certain amount
Atlantic Coporation may offer “FREE shipping” on its websites in mainland France, reserved for private individuals, excluding professional and association rates, for orders over a certain amount. This threshold amount is clearly indicated on the website. Atlantic Coporation reserves the right to withdraw this delivery method at any time without notice.
When shipping, Atlantic Coporation reserves the right to choose between GLS, TNT, Colissimo, Relais Colis, Shenker Joyau, Tam, or other carriers. Depending on the carrier, delivery is made either by direct delivery of the product to the customer or by simple notification of availability at a pick-up point near the delivery address. When this delivery method is chosen by the customer, no delivery time is guaranteed.
Regulations governing the sale of objects resembling firearms
Decree No. 99-240 of March 24, 1999, governing the conditions for the sale of certain objects resembling firearms.
The Prime Minister,
On the report of the Minister of Justice, the Minister of the Interior, the Minister of Defense, and the Minister of Economy, Finance, and Industry.
Having regard to Directive 98/34/EC of the European Parliament and of the Council of June 22, 1998, laying down technical standards and rules, and the letter received on May 28, 1997, by the Commission of the European Communities, whereby the French government referred the matter to the said commission: Having regard to the Penal Code, in particular Articles 121-2, 121-41, and R.610-1; Having regard to the Consumer Code, in particular Article L.221-3; Having regard to the opinion of the Consumer Safety Commission dated July 2, 1997. Having heard the Council of State (Finance Section),
After hearing the Council of State (Finance Section),
Decrees:
Art. 1 - The offering, sale, distribution free of charge, or provision for a fee or free of charge of new or used objects that resemble firearms and are designed to launch rigid projectiles, when they develop muzzle energy greater than 0.08 joules and less than 2 joules, are regulated under the conditions defined by this decree.
Art. 2 - The sale, distribution free of charge to minors, or provision for a fee or free of charge of the products referred to in Article 1 of this decree is prohibited.
Art. 3 - The energy expressed in joules developed by the products referred to in Article 1 of this decree must be indicated on the product, on its packaging, and on the instructions for use that must be included.
Art. 4 - The packaging and instructions for use of the products referred to in Article 1 of this decree must bear the following two statements in legible, visible, and indelible characters: “Not for sale to minors” and “Warning: never point the device at a person.”
Art. 5 - The following shall be punishable by the fine provided for 5th class offenses: 1° Selling, distributing free of charge to minors, or making available to them, free of charge or for a fee, the products referred to in Article 1 of this decree; 2° Offering for sale, putting up for sale, selling, distributing free of charge or for a fee the products referred to in Article 1 of this decree in violation of the provisions of Articles 3 and 4 of this decree.
In the event of a repeat offense, the fine provided for repeat offenses of the 5th class shall apply.
Legal entities may be held criminally liable under the conditions provided for in Article 131-41 of the same code.
Art. 6 - The Minister of Justice, the Minister of the Interior, the Minister of Economy, Finance, and Industry, the Minister of Defense, the Secretary of State for Small and Medium-Sized Enterprises, Trade, and Crafts, and the Secretary of State for Industry are responsible, each in their respective areas, for the enforcement of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, March 24, 1999
By the Prime Minister
LIONEL JOSPIN
The Minister of Economy, Finance, and Industry
DOMINIQUE STRAUSS-KAHN
The Minister of Justice
ELISABETH GUIGOU
Minister of the Interior
JEAN-PIERRE CHEVENEMENT
Minister of Defense
ALAIN RICHARD
Secretary of State for Small and Medium-Sized Enterprises, Trade, and Crafts
MARYLISE LEBRANCHU
Secretary of State for Industry
CHRISTIAN PIERRET