GENERAL TERMES AND CONDITIONS
Acceptance of the Terms and Conditions
These Terms and Conditions govern the services offered by INDY FLYING CONCEPT SPRL related thereto.
Please read these Terms and Conditions carefully before registering or using our services and keep them for his records. By fully installing, registering, using and/or accessing the website, you confirm that you are legally bound by these Terms and Conditions, as amended from time to time.
If you do not agree with any of these Terms and Conditions, please refrain from or cease installing, using or accessing our services and the services related thereto.
Please bear in mind that, the use of certain functionalities offered by our services and solutions may be further subject to additional terms and conditions related to tangential services. Please consult those terms and conditions for any question thereupon.
||:||means the natural person or company having create a Client account and/or purchasing any products on the Website|
||:||means INDY FLYING CONCEPT SPRL with registered seat located in BE-6010 Couillet, Place de la Queue 11, registered under the company number BE 0717 810 688|
The Client agree that its contractual relations is exclusively governed by these Terms and Conditions.
No products will be sold to minors under 18 years of age.
These Terms and Conditions may be modified by Indy Flying Concept at any time without prior notice. Nevertheless, current contracts remain subject to the conditions as they were applicable at the time the sale was concluded. With the confirmation of the order, the Customer receives the terms and conditions into force, in a format that can be stored or printed.
The products, descriptions, prices, and other information displayed on this Website may be modified at any time without prior notice.
Indy Flying Concept uses reasonable efforts to ensure that product and/or service descriptions are accurate and complete. However, dimensions, colors, weights, measures, and other descriptions are approximate and provided only for reference purposes.
While Indy Flying Concept has taken reasonable steps to depict products as accurately as possible through the photographs and other images featured on the Website, the detailing (such as color, pattern and texture, etc.) and the Client see on-screen will depend on the Client’s monitor and, as such, may not exactly reflect the actual detailing of a product when he receives it.
For these reasons, Indy Flying Concept cannot warrant that any product or service description, price or other specifications on the Website will be accurate, complete, current or without error at all times.
It is possible that a product displayed on the Website may have been discontinued or be out-of-stock. Thus, Indy Flying Concept cannot warrant that all displayed products will be available at all times.
If there is any error in the products, services, descriptions, prices, availability, and other information provided to the Client on the Website, Indy Flying Concept will try to resolve this error as soon is reasonably possible.
Ordering and availability
Products may be ordered by clicking on the items the Client wish to purchase and then following the prompts that will appear on-screen. The Client may check and correct any input errors in his order up until the point at which he submits his order to Indy Flying Concept by clicking the “Buy Now” button on the checkout page.
By clicking on the “Buy Now” button, the Client enters into an obligation to pay for the product if Indy Flying Concept accepts his order.
After placing an order, the Client will receive an email acknowledging that Indy Flying Concept has received his order and giving him an order reference number. This does not mean that his order has been accepted. His order constitutes an offer to Indy Flying Concept to buy a product. All orders are subject to acceptance by Indy Flying Concept which is not obliged to accept the order and may, at its own discretion, decline to accept any order.
The Client should check the availability of items on the relevant product information page.
If a product ordered is not available, Indy Flying Concept reserves the right to cancel the order, in which case the Client will be notified accordingly. The rest of the order will be processed and dispatched to the Client within the time frame indicated on the Website. Indy Flying Concept may also offer to replace the unavailable item with a similar product of similar quality with his prior agreement. If, after Indy Flying Concept have shipped a substitute product the Client is not satisfied with the substitute product, he can elect to cancel the order and return the substitute product. However, in this case, he will be required to pay the return postage costs.
Indy Flying Concept reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse to provide a service in its sole discretion.
All product prices listed on the Website are in Euros. All product prices are subject to change at any time. The product prices do not include any shipping and handling charges or applicable taxes.
The Website contains a large number of products and despite Indy Flying Concept best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is higher than the price stated on the Website, Indy Flying Concept will contact the Client for instructions before dispatching the product. If Indy Flying Concept is unable to contact him by using the contact details provided once his order was placed, placed will treat the order as cancelled, and will notify the Client of such cancellation by email.
Payment for all orders must be made by [credit card] on the checkout page.
All purchases made through a payment card are processed by a third party. Indy Flying Concept is not responsible for any error or other incident caused by or attributed to this payment card processor.
Please note that in the payment transaction process, Indy Flying Concept asks the card issuer to reserve the amount of any order before it picks the first item. It means that even if the Client cancel an order, it may still appear that he was charged for it, but as soon as Indy Flying Concept inform the card issuer that the order has been cancelled, the funds will be released straight back to him.
The Client should be aware that online payment transactions are subject to validation checks by his card issuer. Indy Flying Concept is not responsible if his card issuer declines to authorize payment for any reason. His card issuer may charge the Client an online handling fee or processing fee. Indy Flying Concept is not responsible for this.
The Client is responsible for the payment of any taxes applicable to the sale and/or delivery of the product. These taxes will be calculated and communicated to the Client at the time he places an order and is charged at the same as the purchase price of a product.
Shipping and Delivery
The costs of shipping and delivery will depend on the shipping options, the size of the order, that was selected and the shipping address entered and will be indicated at the time the order is placed.
The Client must provide a complete and correct address for delivery. Indy Flying Concept may charge the Client any extra shipping cost to offset the expenses incurred by multiple attempted deliveries and/ or re-routing due to a defective address.
The Client acknowledges that all scheduled shipment dates are estimates only. Indy Flying Concept will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
Title and risk of loss pass to the Client upon delivery of the products by Indy Flying Concept to the courier.
According the regulation in force in Europe, the Client is granted a right of withdrawal without any cost within the 14 days following the order.
However, returned products damaged by the Client’s fault will not be refunded.
Custom Orders must be cancelled within 48 hours of purchase date.
Return and Refund
If the Client returns a product purchased through the Website, he will receive a refund for the purchase price plus any applicable sales taxes, less any non-refundable charge.
If an incorrect product was shipped, the Client shall contact Indy Flying Concept to request the correct product instead of a refund or credit. Indy Flying Concept will provide the Client with the necessary instructions to ship back the incorrect product at our cost and will promptly arrange for shipment of a replacement product.
If the product was part of a promotion and if the Client returns any part of an order that was that part of a promotion, the refund may be reduced depending on the specific case and promotion.
Returns on customised items are not admissible.
Limited Product Warranty
The products are guaranteed 2 years following the order made by the Client.
This warranty and the remedies set forth in this Terms and Conditions are exclusive and in lieu of all other warranties, remedies, and conditions, whether written or oral, express or implied. Indy Flying Concept specifically disclaims any and all other warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Indy Flying Concept does not warrant that it will be able to repair any product under this warranty or provide a replacement product that meets all the characteristics and functionalities of the original product.
The guarantee doesn’t cover the following events :
- defects that come from normal wear and tear;
- defects caused by accident, neglect, abuse, misuse, misapplication, or non-Indy Flying Concept products;
- Defects caused by exposure to extreme natural conditions, liquids, or gases;
- Defects caused by handling by third parties (such as postal service, airlines, hotels, etc.);
- Defects caused by service (including repairs) performed by anyone other than an Indy Flying Concept authorized representative;
- Defect caused by a modification of a product without Indy Flying Concept’s permission;
- If the product serial number has been removed or defaced, or if the displayed serial number does not correspond to the nature, type, or origin of the product.
Limitation of damages
Indy Flying Concept is not responsible for any direct, indirect, special, incidental, consequential (such as loss of content, loss of use, loss of time, etc.), or punitive damages, including but not limited to, damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, caused by a product defect.
In case of detection of a defect in the products during the applicable warranty period, the Client should contact Indy Flying Concept. In such an event, the Client will be asked to provide: his name, address, telephone number, receipt, date of purchase.
Following receipt of the product, Indy Flying Concept will check the product and will issue a report indicating whether the product needs to be fixed or replaced and whether its defects are covered by the warranty.
Before the Client delivers his product for warranty service, it is his responsibility to empty his products and verify that he has not left any object or item in the products, such as in its pockets and bags. Indy Flying Concept is not responsible for any items left in products sent to us for repair or replacement.
If the product needs to be replaced, Indy Flying Concept will keep the product and will arrange directly with the Client, to provide him with a new product, but it will not give him the replacement directly. if the product is no longer available, Indy Flying Concept will substitute the product for a same price product chosen by the Client. in this case, Indy Flying Concept will contact the Client to complete the acquisition of this new product.
If the product is irreparable and cannot be exchanged for an identical item, the Client will be provided with a credit note or a refund.
In case of repair or replacement, Indy Flying Concept will cover any cost of delivering the product back to the Client. However, the Client is responsible for the cost of shipping the product to any service center, including the costs of packaging, shipping, and applicable taxes.
Access to and use of User account
Access to and use of the Website services is only allowed for Client dully registered in our database.
The access to any Client account will be blocked once an incorrect login and/or password was entered three consecutive time.
In such a hypothesis, the Clients have to take contact with our services by sending an email to [*]
Indy Flying Concept reserves the right to deactivate or suspend any Client account and subsequently to refuse access to the Website at any time in the event of technical issues, suspicion of improper or fraudulent use or for any other objective security reason.
The Clients understand and agree that they must keep secret their login and password and that they are not allowed to share these information’s with any other person.
If the Clients have some fear that their login and/or password is corrupted, they have to immediately inform Indy Flying Concept accordingly by sending an email to [*]
The Clients must at all times comply with the Terms and Conditions, all applicable laws, rules and regulations in using the Website. They will not, for any reason whatsoever, directly or indirectly, make any use of the Website for or in connection to any illegal purpose or activity.
The Clients acknowledge and accept that the use of secured devices is a basic requirement to use the Website and that neither Indy Flying Concept nor its subcontractors can be held liable for any security risk that is caused by the Clients’ mobile phone, browser, operating system, internet connection, firewall, network, etc.
The Clients shall take all reasonable measures to ensure that the Website is used in accordance with the security rules on correct internet conduct and secured equipment and to the extent applicable, secured (WIFI) networks. As mentioned above, Indy Flying Concept reserves the right to deactivate or suspend any Client account, and subsequently to refuse access to the Website at any time in the event of technical issues, suspicion of improper or fraudulent use or for any other objective security reason.
Obligations and liability of the Client
The Clients must use the Website in accordance with these Terms and Conditions.
The Client must pay all the amounts due to Indy Flying Concept according to the Terms and Conditions.
The Client confirms that all the information registered in the database of Indy Flying Concept are correct and accurate. They commit to update in due course the information if needed.
The Clients acknowledge that they are solely responsible for access to their account and agree that neither Indy Flying Concept is liable for any verification of the link between them and any kind of information provided.
The Clients may not use the Website to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Indy Flying Concept or obtained through the Website without obtaining Indy Flying Concept’s express, prior written consent. This restriction includes any attempt to incorporate any information from the Website into any other directory, product, or service.
The Clients is exclusively responsible for maintaining the security of their account including their Client name, e-mail address and password.
The Clients is responsible for all activities conducted through the Website by himself or anyone else.
Liability of Indy Flying Concept
To the extent permitted by applicable law, Indy Flying Concept will be liable for any loss or damages of any kind that may arise as a result of a third party using a Client account, Client name, e-mail, address, either with or without the Client consent, unless the use is a consequence of a failure from Indy Flying Concept to honor their obligations.
Indy Flying Concept bear no liability whatsoever regarding all the information and documents shared, uploaded, downloaded, etc. by the Clients.
Indy Flying Concept is the owner and/or beneficiary of all intellectual property rights and know-how associated with the Website. All copyrights, databank rights and software rights in all material contained on, in or available through the Website, including all information, data, text, music, sound, photographs, graphics and video messages, and all source codes, software compilations and other material is owned by Indy Flying Concept.
The Clients may not:
- modify, translate or adapt any of the components of the Website (including any software associated to it) in any way;
- decompile or disassemble any of the components of the Website (including any software associated to it) in any way;
- copy any of the components of the Website (including any software associated to it) in any way, except to make a back-up copy;
- transfer, dispose of, grant as a sub-license, lease, lend or distribute any of the components of the Website (including any software associated to it) or documentation in any way to third parties;
- merge the Website or any component thereof into any other programs or create derivative works based on any component of the Website;
- use the Website in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Website or any part thereof;
- use the Website in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; and/or;
- remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the Website;
Indy Flying Concept reserves the right to correct any errors in the Website or documentation.
Nothing contained in the Website shall be construed as granting any license or right to make commercial use of any trademark, intellectual property right or copyrighted material of Indy Flying Concept without its prior written permission. Should the Website contain elements of intellectual property belonging to third parties, Indy Flying Concept shall arrange for such third party to grant the Clients the necessary use rights.
Continuity of the Website and the services related thereto
Indy Flying Concept shall use all commercially reasonable efforts to ensure the continuity of the availability of the Website and the services related thereto. However, it may suspend access to the Website, without notice or compensation, for the purpose of maintenance or for any urgent circumstances (including in case of fraud or suspicion or risk of fraud). Even though Indy Flying Concept will in principle notify the Clients as soon as reasonably possible of any interruption, Indy Flying Concept cannot be held liable for any compensation in the case of the absence of such a notification. Indy Flying Concept can’t guarantee the continuous, uninterrupted or error-free functioning of the Website. The Website may be delayed, unavailable or inaccurate from time to time due to a variety of factors, including location, speed of the internet connection, technical reasons, maintenance or updates. The Website is available through the device of the Clients when it is within the operating range of a wireless carrier. The quality of the services may also vary depending on the device used.
Liability, disclaimer of warranties
The duties and responsibilities of Indy Flying Concept under the Terms and Conditions shall be limited to those expressly set forth and undertaken therein.
Indy Flying Concept is not liable for any loss (i.e. loss, liability, cost, claim, damages, fees, charges and expenses including all legal and other professional fees and disbursements), direct or indirect arising out of:
- the malfunctioning of the device of the Clients or of the telecommunication services or in general, of any third party software or hardware ;
- any reason beyond Indy Flying Concept’s control (including cases of Force Majeure). For the purposes of the Terms and Conditions, Force Majeure shall mean any unforeseen event which is beyond the reasonable control of Indy Flying Concept or which may not be reasonably avoided and which prevents or delays performance, by Indy Flying Concept or any person acting on its behalf, of any of its obligations under the Terms and Conditions, including natural disasters, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, or any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labour dispute, government restraint, power or communications disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party;
- non-compliance by the Clients with the security precautions and/or instructions provided by Indy Flying Concept;
- the unavailability of the functionalities, mobile applications offered by service providers or by third parties;
- negligent, illegal, unethical, fraudulent or criminal acts or omissions of Indy Flying Concept’ service providers and/or any third party;
- hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors.
Without limiting the foregoing, under no circumstances shall Indy Flying Concept or its subcontractors be liable for any indirect, incidental or consequential loss, including but not limited to, loss of or damage to clientele, loss of data, loss of earnings, loss of profits, disruption of business, claims from third parties, reputation or expected savings even if Indy Flying Concept was advised or was otherwise aware or should have been aware of the possibility or likelihood of such losses and regardless of whether the cause of action is in contract or in tort (including negligence) or otherwise and regardless of whether any limited remedy provided hereunder is determined to fail in its essential purpose.
CHANGES TO THE TERMS AND CONDITIONS AND TO THE WEBSITE
Indy Flying Concept may at any time change the Terms and Conditions
The Clients will be informed of any amendment to the Terms and Conditions by e-mail or by means of another medium to which the Clients have access. Indy Flying Concept reserves the right to change or modify content, materials or information appearing on or in connection with the Website, or discontinue the services related to the Website at any time with a reasonable notice.
Indy Flying Concept’s failure to enforce any provision of the Terms and Conditions or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
Online settlement platform for consumer disputes
The Client resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if the Client is an European consumer, he can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link: http://ec.europa.eu/odr
Applicable law and competent jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Belgian law. Any dispute arising out of or in connection with these Terms and Conditions or the Website shall be submitted to the exclusive jurisdiction of the courts of [Charleroi].