General conditions of sale - updated on 09/06/2022
MILTON-INNOVATION.COM is a service of MI²LTON (RCS Bordeaux: 829 208 396 00046), French company specialized in the design, the production, the distribution and the service of drones and having its head office at 8 avenue Apollo, 33700 Mérignac France. The present conditions are applicable to the products and services sold on the website https://www.milton-innovation.com for professional and private customers.
Article 1 - Prices
The prices of the products are indicated in euros, excluding taxes and all taxes included, but excluding the cost of processing and shipping. These prices are valid only for an order carried out on the site https://www.milton-innovation.com. All the prices indicated on the site https://www.milton-innovation.com and the related communication tools (confirmation mails, invoices...) are considered in euros (€). Any exchange and bank charges are to be paid by the customer. In the case of an order carried out apart from Metropolitan France, the possible customs duties, of importation and local taxes are due by the recipient and their payment cannot in no case be required near MI²LTON. MI²LTON reserves the right to modify the tariff of a product or service at any time but the products will be invoiced on the basis of the tariffs in force at the time of your validation of order, the unit price indicated on the emitted invoice being taken as proof. The products remain the property of MI²LTON until the complete payment of the invoice. The risks of loss or damage of the products are transferred to you at the time when you take physically possession of the ordered products. In the case of an order made outside the French territory and for goods subject to an export license, the products remain the property of MI²LTON until the export license is obtained, the full payment of the invoice and the export of the goods. The risks of loss or damage of the products are transferred to you according to the INCOTERM communicated before the export.
Article 2 - Products
Special cases of the use of drones :
First of all, the telepilot customer will have to make sure to use his drone in perfect conformity with the legislation in force and in accordance with the manufacturer's user manual. In the event of absence or of loss of the user manual, the customer can obtain it on simple request near MI²LTON. MI²LTON could not be held responsible for a use of the drone not in conformity with the legislation and/or the recommendations of the manufacturer. In order to cover its responsibility, MI²LTON reminds that the customer user will have to subscribe a civil liability insurance for any damage which can be caused by the use of the drone. MI²LTON recommends to its customers to carry out a control and the tests of use of the drone before any flight. If an anomaly appears or that the material seems defective, it is recommended not to make fly the drone and to inform MI²LTON.
Particular case of the batteries:
As lithium batteries are particularly sensitive to external factors, such as excessive temperatures or charging, the user customer must scrupulously refer to the manufacturer's recommendations and not leave the batteries charging or discharging without supervision. Likewise, the customer must comply with the conditions of transport of the batteries imposed by the carriers he/she may use, including the transport of the batteries by air as "accompanied" luggage (in the cabin or in the hold). In order to obtain more information on the transport of batteries and their packaging, the customer may refer to his carrier and to the IATA regulations.
Special case of equipment considered as "Dual Use Goods" for professional customers residing outside France:
If the product ordered by the customer is considered as Dual Use by the European legislation, MI²LTON will contact the professional customer as soon as possible in order to inform him of the necessary steps. As an exporter, MI²LTON has the responsibility to apply for an export license for dual-use goods and to obtain additional information (e.g.: End Use Certificate duly completed) from the customer. The customer is obliged to provide MI²LTON with truthful and complete answers in order not to hinder the license application procedure. In the case where the customer is not able to provide a sincere and honest additional information, MI²LTON reserves the right to cancel the order and to proceed to the refunding of the customer (except possible management fees). MI²LTON could not be held responsible for the delays of treatment of the request for license of export nor of its possible refusal of obtaining by the administration. MI²LTON points out that the responsibility falls to the customer to ensure the conformity of its material with the legislation in force locally. The materials regarded as Goods with Double Use by the legislation are in particular, as an indication and without being limited to it:
- UAVs with a maximum autonomy of between 30 minutes and one hour and whose technical characteristics indicate a wind resistance of more than 46.3km/h;
- UAVs whose maximum autonomy is equal to or greater than one hour;
- Certain payloads such as observation cameras with a thermal sensor.
Article 3 - Order
The customer will place an order on the website https://www.milton-innovation.com. For customers residing in Metropolitan France, the order is taken into account from the validation and payment of the basket. For professional customers benefiting from deferred payment conditions, the order is taken into account from the reception of the agreement or the order form. The products subject to a request for estimate will be the object of the sending of an estimate to the address informed by the customer. Unless otherwise stated, the quotation is valid for one month from its issue. The order is taken into account as of the reception of the good for agreement or the purchase order. No cancellation can be made without the written agreement of our company for orders confirmed by the customer's agreement or purchase order. For customers residing outside of Metropolitan France, the order is taken into account as of the validation of the estimate of the shipping costs by the customer. If the product or one of the ordered products is subjected to the obtaining of a license of export, MI²LTON will inform the customer as soon as possible in order to obtain the documents necessary to the establishment of the request for license of export. The shipment of the order will be subject to the obtaining of the export license and MI²LTON cannot be held responsible for the non-obtaining of the export license. [See Item #: Dual-Use Goods]
Article 4 - Availability
The availability of products is subject to the limit of stocks available at the time of the order. The current version of the website https://www.milton-innovation.com does not allow to visualize the state of the stocks in real time. Thus, some products can be ordered although the real stock can be exhausted. In this case, MI²LTON will proceed to the preparation and to the expedition of the order as soon as the product will be again in stock (see Article 4: Expedition). For any question or request of availability of a product, the customer can contact MI²LTON via the contact form of the site: https://www.milton-innovation.com/fr/nous-contacter.
Article 5 - Shipping
Upon confirmation of the order and the availability of products, your order will be prepared for shipment. The customer can follow the preparation of his order via the tab My Account / History and details of my orders of the website. The products will be delivered to the delivery address selected during the validation of your order. The delivery time indicated when choosing the carrier is the delivery time from the collection of your order by the carrier. This does not take into account the preparation time of your order, non-working days and the possible restocking time of unavailable items. In any case, in accordance with the legal provisions, in case of delay of delivery, you benefit from the possibility of solving the contract in the conditions and modalities defined in the Article L.216-2 of the Code of the consumption. In this case, if you received the product, after your cancellation, we will proceed to the refunding of the product and to the expenses "to go" in the conditions of the Article L.216-3 of the Code of the consumption.
Article 6 - Right of retraction
In accordance with the legislation in force aiming at the framing of the remote Sale (Article L.221-18 of the Code of the consumption), the customer has a 14 days deadline as from the reception of his articles to exercise his right of retraction. For that, the customer will have to inform MI²LTON of the use of his right of retraction by e-mail to the address email@example.com by specifying his number of order and the product (s) which he wishes to return. An acknowledgement of receipt will be sent by the same means within 24 hours. The customer has a 14 days deadline as from the day when he informed MI²LTON of the use of his right of retractation to turn over the products concerned. The return of the products must be carried out with the registered office of MI²LTON: 8 avenue Apollo, 33700 Mérignac - FRANCE. The product(s) returned to MI²LTON must imperatively be returned in their original packaging and complete. The serial numbers will have to be identical to the serial numbers of the delivered products, and the products will not have to be activated. MI²LTON will not be able to accept the return of a product whose activation will have been carried out or whose serial number does not correspond to the delivered product. Products excluded from the right of withdrawal: the products having been activated (example: drones, cameras and software of the DJI brand) and the products having been personalized or modified (personalization or modification of the drone such as the installation of a specific marking or the installation of a parachute) will not be able to be the subject of a return to MI²LTON without preliminary agreement of the company. With reception of the products turned over by the customer, MI²LTON will proceed to the checking of the conformity of the turned over products and to their refunding within 14 days as from the reception of the products. A nonconforming product returned will not be able to be the subject of a refunding and the expenses of return to the customer will be with his load.
Article 7 - Guarantee:
In accordance with the legislation in force (Article L217-3 of the Consumer Code), the consumer has a period of 24 months from the delivery of the product to report a lack of conformity existing at the time of delivery of the goods. For goods sold second-hand, this period is set at 12 months (Article L217-7 of the Consumer Code). The good is in conformity if it meets the following criteria, if applicable:
- It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
- It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
- It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
- It is updated in accordance with the contract.
In the event of defect of conformity, the customer has right to the setting in conformity of the good by repair or replacement, or with defect to the reduction of the price or the resolution of the contract. The consumer requests from MI²LTON the setting in conformity of the good, by choosing between the repair or the replacement. For this purpose, the consumer puts the good at the disposal of MI²LTON (Articles L217-8 and L217-9 of the Code of the consumption). The salesman can refuse the setting in conformity of the good if this one is impossible or involves disproportionate costs in particular with regard to the value which would have the good in the absence of defect of conformity or the importance of the defect of conformity. The refusal by MI²LTON to proceed to the setting in conformity or to act according to the choice of the consumer will be motivated in writing. Any good repaired within the framework of the legal guarantee of conformity profits from an extension of this guarantee of six months. The possible reduction of the price is proportional to the difference between the value of the delivered good and the value of this good in the absence of the defect of conformity. When your good has a defect, you can also implement the warranty against hidden defects within two years from the discovery of the defect. It is up to you to prove that the defect existed at the time of purchase, that it was hidden and that it renders the product unusable. The legal guarantee of conformity and against the hidden defects applies independently of the commercial guarantee which can possibly cover your good. MI²LTON puts a point of honor to deliver material of quality. Because of their technicality, it can happen that a product can meet a problem, which is directly related to him or not.
Special cases of the use of drones :
Initially, the telepilot customer will have to make sure to use his drone in perfect conformity with the legislation in force and in accordance with the user manual of the manufacturer. In case of absence or loss of the user's manual, the customer can obtain it on simple request from MI²LTON. MI²LTON could not be held responsible for a use of the drone not in conformity with the legislation and/or the recommendations of the manufacturer. In order to cover its responsibility, MI²LTON reminds that the customer user will have to subscribe a civil liability insurance for any damage which can be caused by the use of the drone. MI²LTON recommends to its customers to carry out a control and the tests of use of the drone before any flight. If an anomaly appears or the material seems defective, it is recommended not to fly the drone and to inform MI²LTON. In the case of a guarantee of a product, MI²LTON will propose a replacement of the defective parts. In any case, the product must imperatively be sent back to MI²LTON following its preliminary agreement. The use of the drone for which an anomaly was detected before the flight risks to damage the drone, its components and loads and to cause the fall of the drone. In any case, the damage caused by the fall of the drone and related to an anomaly detected before the flight or to a human error could not be taken in guarantee by MI²LTON. This also applies to the damage undergone by the accessories and payloads of the drone and which do not present defect of conformity or hidden defect. If the malfunction of the material is not covered by the guarantee (period of guarantee expired or malfunction not covered by the guarantee), MI²LTON will transmit to the customer a repair estimate. Warranty exclusion factors for drones may include, but are not limited to:
- Damage caused by factors not related to the manufacture, such as a crash of the device, including but not limited to pilot error.
- Damage caused by unauthorized modification, disassembly or opening of the hull not in accordance with the manufacturer's instructions or official manuals.
- Damage caused by unauthorized modification of the circuitry, misuse of the battery and charger or use of non-compatible batteries and chargers.
- Damage caused by external factors beyond our control, including fire, flooding, high winds and lightning.
- Damage caused by forced theft while components are obsolete or damaged.
Special case of batteries:
Batteries are wear items whose life span is clearly related to their conditions of use. Therefore, MI²LTON grants to its customers a contractual guarantee of 3 months as from their purchase (except for the batteries of the DJI brand, for which the guarantee is extended to 12 months) valid in Metropolitan France. This guarantee allows the exchange of a defective battery provided that the Customer respected the conditions of use of the battery and that the customer returned to MI²LTON the damaged battery for inspection by its technical service. Lithium batteries being particularly sensitive to external elements, such as excessive temperatures or load, the customer user will have to scrupulously refer to the recommendations of the manufacturer and not to leave the batteries in loading or unloading without monitoring. Likewise, the customer must comply with the conditions of transport of the batteries imposed by the carriers he/she may use, including the transport of the batteries by air, in hold luggage or in the cabin. In order to obtain more information on the transport of batteries and their packaging, the customer may refer to his carrier and to the IATA regulations.
ARTICLE 8 - CONTACT
Identification of the seller :
8 Avenue Apollo 33700 Mérignac - France
Share capital of the company: 21000€.
SIREN : 829 208 396 (RCS Bordeaux)
Intracommunity VAT : FR60829208396
For any question or complaint relating to the products and services, with its order, its personal data, the right of retraction, the application of the guarantee of the products the Customer can contact MI²LTON with the following coordinates:
Postal address: SAS MILTON - 8 Avenue Apollo - 33700 MERIGNAC
Electronic address: firstname.lastname@example.org
Telephone: (+33) 05.64.31.20.23