ETEP Flights terms of sale

Article 1 — Purpose, parties and customers

These terms govern the sale of the paid offers of ETEP Flights (the "Offers"), offered and sold by Étude Technique en Électronique Professionnelle (ETEP), a SARL with a share capital of €68,603, registered with the Toulon Trade and Companies Register under number 391 495 108, EU VAT number FR24391495108, whose registered office is at ZAC des Bousquets, 380 rue de l'Initiative, 83390 Cuers, France ("ETEP").

The Offers are available to any holder of an ETEP Flights account who subscribes to them (the "Customer"), whether acting as a consumer or as a professional. The Customer must be of age; a minor Customer aged sixteen or over may only subscribe with the consent of their legal representative.

These terms supplement the ETEP Flights terms of use (the "Terms of Use"), to which their article 13 refers. In the event of a conflict regarding an Offer, these terms prevail. ETEP's general terms and conditions of sale, which govern its sales of equipment and services, do not apply to the Offers.

The Customer accepts these terms by ticking the box provided for this purpose on the ETEP Flights Account page, before being taken to the payment page. The issue accepted and the date of acceptance are kept with the Customer's account. These terms are available at all times at www.etep.com/terms/flights-sale, where the Customer can save and print them.

Article 2 — Sale and collection: Link (Stripe group)

ETEP sells the Offers. The order, the payment, the issue of receipts and invoices, the calculation and remittance of indirect taxes, payment-related support, refunds and payment disputes are handled, on ETEP's behalf, by Sold through Link, LLC, a Stripe group company ("Link"), merchant of record of the transactions.

Link acts in its own name towards the Customer: the purchase is shown as "Sold through Link", and the bank statement shows a reference beginning with "LINK.COM*". Payment made to Link discharges the Customer's obligation to pay ETEP. When paying, the Customer accepts the terms of the "Sold through Link" service (link.com/terms), which govern the order and the payment.

ETEP alone provides the ETEP Flights service and remains solely responsible for it towards the Customer. No card data is entered in ETEP Flights or received by ETEP.

ETEP may entrust collection to another provider or handle it itself through Stripe. The Customer is informed by e-mail before the relevant renewal date; they may then need to register their payment method again. Their other rights are not affected.

Article 3 — The Offers

Two Offers are available, each monthly or yearly:

• 10 GB: ten (10) gigabytes of space for the account's flight logs and videos;
• 100 GB: one hundred (100) gigabytes of space for the account's flight logs and videos.

Each Offer also opens the functions reserved for the paid offers described in article 13 of the Terms of Use on the date of subscription: read-only links of thirty (30) and ninety (90) days, PDF reports and video clips. The 100 GB Offer also allows the Customer to create organisations (club, school, operator) and to invite members into them; the members of an organisation need no Offer to join it.

The free account, the thirty (30) day trial and the space earned through referral are not sold: they are governed by the Terms of Use alone. Exporting the whole account remains free.

Article 4 — Prices, taxes and currency

On the date of these terms, prices are as follows, including taxes:

The applicable price is the one displayed at the time of subscription. Applicable taxes (VAT or equivalent) are calculated by Link according to the Customer's country and, where applicable, their tax identification number. The Customer sees the tax breakdown and the total amount before paying.

Link may offer the Customer to pay the equivalent of this price in their local currency, at the exchange rate it applies, mark-up included; the Customer may choose to pay in euros. The converted amount may vary from one renewal to the next.

Article 5 — Term, renewal and termination

The subscription is entered into for one month or one year, as chosen by the Customer. It renews automatically for the same term, at the same price unless a change is notified under article 11, until it is terminated. It is payable in advance at each renewal. The Offer starts on payment.

Reminder before the renewal of a yearly subscription. ETEP reminds the Customer by e-mail, between forty-five (45) and thirty-one (31) days before the renewal date, of that date, the price and how to stop the renewal.

Termination by the Customer. The Customer may terminate at any time, without charge or reason, from the ETEP Flights Account page ("Manage my subscription") or from their Link account (link.com). Termination takes effect at the end of the current period, until which the Offer remains active. A period that has started is not refunded, except in the cases provided for in articles 7, 8 and 10.

Deleting the ETEP Flights account stops the subscription immediately (article 11 of the Terms of Use); the current period is then not refunded, unless the right of withdrawal is exercised. Deleting the Customer's Link account, or a request to Link to erase their data, ends the subscription as soon as Link processes it.

Termination by ETEP. ETEP may terminate the subscription in the event of a serious breach by the Customer of these terms or of the Terms of Use, after a formal notice that has remained without effect for fifteen (15) days; without notice in the event of fraud. ETEP then refunds the remaining part of the current period, except in the event of fraud.

End of the Offer. At the end of the subscription, the account returns to the free account. Nothing is deleted because of this end; beyond the space of the free account, the Customer can no longer add logs or videos, and their organisations can no longer invite members, until a new subscription to the 100 GB Offer (article 13 of the Terms of Use).

Article 6 — Changing Offer

The Customer may switch from one Offer to the other, or from monthly to yearly and back, from "Manage my subscription". The amount due or the credit arising from the change, calculated pro rata for the remaining period, is shown before the Customer confirms. Moving to a smaller Offer deletes nothing: beyond its space, the Customer can no longer add anything, and their organisations remain but can no longer invite members.

Article 7 — Consumer's right of withdrawal

A consumer Customer has fourteen (14) days from subscription to withdraw, without giving any reason and at no cost.

By ticking the box provided before payment, the Customer requests that the Offer start on payment, before the end of this period. If they withdraw, ETEP refunds the full price paid, with no deduction for the time elapsed.

To withdraw, the Customer sends ETEP, before the end of the period, the form in the appendix or any other unequivocal statement, by e-mail to flights@etep.com or by post to the address in article 1. ETEP acknowledges receipt by e-mail.

ETEP refunds the Customer no later than fourteen (14) days after receiving their decision, using the payment method used at subscription; the refund is made by Link on ETEP's instruction. Withdrawal ends the subscription: the account returns to the free account, and nothing is deleted from it.

The right of withdrawal applies to the subscription. It does not apply to renewals or changes of Offer. It does not apply to a Customer who subscribes for the purposes of their professional activity.

After subscription, ETEP sends the Customer, by e-mail, the confirmation of the subscription, with the issue of these terms they accepted, the withdrawal arrangements and the form in the appendix.

Article 8 — Consumer's legal guarantees

A consumer Customer benefits from the legal guarantee of conformity for digital content and services throughout their subscription, and from the legal guarantee against hidden defects. They send their request to flights@etep.com. The following information is that required by the annex to article D. 211-4 of the French Consumer Code (translation):

The consumer is entitled to the legal guarantee of conformity if a lack of conformity appears during the term of the subscription from the supply of the digital content or digital service. During this period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

The legal guarantee of conformity includes the obligation to supply all updates needed to keep the digital content or digital service in conformity during the term of the subscription.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in return for giving up the digital content or digital service, if:

1. The trader refuses to bring the digital content or digital service into conformity;
2. Bringing the digital content or digital service into conformity is unjustifiably delayed;
3. The digital content or digital service cannot be brought into conformity without costs imposed on the consumer;
4. Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;
5. The lack of conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to ask first for the digital content or digital service to be brought into conformity.

Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.

Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the guarantee that remained to run until the digital content or digital service is supplied in conformity again.

These rights result from articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A trader who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles them to a price reduction if the digital content or digital service is kept, or to a full refund in return for giving it up.

Towards a professional Customer, ETEP guarantees that the Offer provides the space and functions described in article 3. If a non-conformity is reported, ETEP endeavours to remedy it within a reasonable time; failing that, the period concerned is refunded. This is the only guarantee given to a professional Customer.

Article 9 — Payment failure

If a payment fails, Link informs the Customer and retries for a few weeks. The Offer remains active during this time. If no attempt succeeds, the subscription ends and the account returns to the free account, under article 5 ("End of the Offer").

Article 10 — Other refunds

In addition to withdrawal (article 7) and the legal guarantees (article 8), the following are refunded:

• a double charge, a charge after the effective date of a termination, an incorrect amount or a payment the Customer did not authorise;
• under its own policy, and within sixty (60) days of a payment, what Link refunds for an Offer the Customer could not access, that does not match its description or that is unusable.

The Customer sends their request to ETEP (flights@etep.com), stating the e-mail address of their account and the reference on the receipt, or to Link (support.link.com, "Sold through Link" section). Link makes the refund to the payment method used. Link's refund policy prevails where it is more favourable to the Customer.

Article 11 — Changes to the service and the price

ETEP may change ETEP Flights under article 12 of the Terms of Use, without substantially reducing, during a paid period, the space and functions described in article 3.

Any price change is notified to the Customer by e-mail at least thirty (30) days before the renewal date from which it applies. The Customer may terminate before that date; otherwise the new price applies from it. A price change never applies to a period already paid.

Article 12 — Support

Support for ETEP Flights and the Offers is provided by ETEP at flights@etep.com, or through the service's feedback button, in French and English, on French working days. ETEP endeavours to send a first reply within two (2) working days; this is a target, not a commitment.

Questions about payments, receipts, invoices and refunds can also be addressed to Link (support.link.com, "Sold through Link" section); ETEP may forward them.

Article 13 — Liability

ETEP Flights is an aid to debriefing and management (article 4 of the Terms of Use): it replaces neither the logbook, nor official documents, nor the aircraft's instruments or documentation. Decisions taken on the basis of its summaries, assessments and alerts are the Customer's.

Towards a consumer Customer, ETEP is liable, under ordinary law, for damage caused by the non-performance of its obligations under the Offer. It is not liable where the non-performance is attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to force majeure.

Towards a professional Customer, to the fullest extent permitted by law, ETEP is not liable for indirect damage (loss of data, operations or revenue, business interruption), and its total liability in respect of the Offers is limited to the sums paid by the Customer for the Offers during the twelve (12) months preceding the event giving rise to liability.

These limitations do not apply in the event of gross negligence or wilful misconduct, nor to personal injury. The exclusion of liability in article 9 of the Terms of Use applies only to the free account.

Article 14 — Personal data

ETEP processes the data of the Offers (Offer and period, subscription status, Stripe customer and subscription identifiers, issue and date of these terms accepted) under the ETEP Flights privacy policy (www.etep.com/privacy), to perform the contract and meet its accounting and tax obligations.

Link and the Stripe group companies process order and payment data as separate controllers, under Link's privacy policy (link.com/privacy). Link provides ETEP with the order data (contact details, billing address, tax identification number, order details), which ETEP processes under its own policy.

Article 15 — Regulations and sanctions

The Customer undertakes to use ETEP Flights in compliance with the laws applicable to them, in particular restrictive measures (sanctions). The Offers are not available in the countries or to the persons targeted by such measures, nor in countries where Link does not offer its services; ETEP and Link may refuse or interrupt an Offer in such cases.

Article 16 — Changes to these terms

ETEP may change these terms. The amended terms are notified to the Customer by e-mail at least thirty (30) days before they take effect and apply from the next renewal date; the Customer may terminate before that date. The amended terms apply to new subscriptions as soon as they are published.

Article 17 — Governing law, language and disputes

These terms are governed by French law. The French version prevails; the English version is provided as a translation.

Any dispute with a professional Customer falls within the exclusive jurisdiction of the Toulon Commercial Court.

A consumer Customer retains the benefit of the rules of jurisdiction and mandatory provisions that protect them, including those of the law of their country of residence. After a written complaint to ETEP (flights@etep.com) that has not been resolved, they may refer the matter free of charge to the consumer mediator to which ETEP belongs: the CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France, www.cm2c.net, online on that site or by post to that address.

Appendix — Withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To ETEP, ZAC des Bousquets, 380 rue de l'Initiative, 83390 Cuers, France — flights@etep.com:

I hereby give notice that I withdraw from my contract for the provision of the following service:

• ETEP Flights Offer (10 GB or 100 GB, monthly or yearly):
• Subscribed on:
• E-mail address of the ETEP Flights account:
• Name of consumer:
• Address of consumer:
• Signature of consumer (only if this form is notified on paper):
• Date: