Windbird - General conditions of sale


Article 1 – General provisions
1.1. Scope of application and opposability of the General Conditions of Sale
These general conditions of sale (hereinafter the “General Conditions of Sale” or the “CGV”) apply without restriction or reservation to all sales of Products and Services by WINDBIRD to consumer and non-consumer buyers. professionals (hereinafter the “Client”), whose correct implementation they supervise.
1.2. Definitions
General Conditions of Sale or General Conditions of Sale: refers to these general conditions.
Customer: designates the buyer of Product(s), consumer (or non-professional when these conditions apply).
Distance Contract: means a contract entered into at a distance, in accordance with the definition given by the Consumer Code, that is to say any Product Order contract concluded between WINDBIRD and the Consumer Customer, within the framework of a organized system of remote sales or provision of services, without the physical or simultaneous presence of WINDBIRD and the Customer, through the exclusive use of one or more remote communication techniques, and until the conclusion of the contract.

Off-Premises Contract: means a contract concluded off-premises, in accordance with the definition given by the Consumer Code, that is to say any Product Order contract concluded between WINDBIRD and the Customer, and in particular:

1° Either in a place which is not the one where WINDBIRD carries out its activity permanently or habitually, in the simultaneous physical presence of the parties, including following a request or an offer made by the Client ; Or
2° either in the place where WINDBIRD carries out its activity permanently or habitually, or by means of a remote communication technique, immediately after the Client has been contacted personally and individually in a place different from that where WINDBIRD operates permanently or habitually its activity and where the parties were physically and simultaneously present; Or

Order: Product/Service purchase process by the Customer, as detailed in article 4 of the General Terms and Conditions.
Product(s)/Service(s): refers to the goods and services marketed by WINDBIRD.
Site: Refers to the website operated by the company WINDBIRD and on which the Products and Services are available for sale.
WINDBIRD: designates the company OPENWINDMAP which markets the Windbird, a cooperative limited company with a board of directors with variable capital, with a minimum share capital of 18,500 euros, having its head office at 110 impasse de Pré Baron (73110) La Chapelle Blanche, registered in the Register of Commerce and Companies of Chambéry under number 903 301 737, intra-community VAT number FR24903301737 –, when it offers its Products and/or Services for sale in accordance with the General Terms and Conditions.
1.3. Communication and availability of the T&Cs
These General Terms and Conditions are systematically communicated to all Customers prior to validation of their Order, and at the same time as the Purchase Order if applicable. The version communicated on this occasion will prevail over any other possible version.
The General Terms and Conditions are also available and accessible, in their latest version in force, on the website operated by WINDBIRD, at the following address:
1.4. Acceptance of the General Terms and Conditions
Validation of the Order in accordance with article 4 implies unreserved acceptance of the General Terms and Conditions, of which the Customer declares having read them beforehand.
1.5. Modification of the T&Cs
In the event of modification of these General Terms and Conditions, the version applicable to the Customer's Order is that provided at the time of placing the Order, and accepted by the Customer on this occasion.
Article 2 Pre-contractual information
The Customer declares to have been informed, prior to placing his Order, in a clear and understandable manner, of these General Terms and Conditions and of all the information and pre-contractual information the provision of which is required by the Consumer Code.
[TO BE DELETED WHILE NO RC – TO BE INSERTED AND COMPLETED WHEN RC] The Client is also informed that WINDBIRD has so-called professional civil liability insurance with [_], ensuring geographical coverage in the territory [_] .
When the Order is a Distance Contract or an Off-Premises Contract, WINDBIRD also provides the specific information required by the Consumer Code for this type of contract, in accordance with the provisions of the Consumer Code.
Article 3 – Description of the offer
WINDBIRD manufactures and markets meteorological equipment and related services (the “Product(s)” and the “Services”).

The general essential characteristics of each Product and/or Services are indicated on the Site operated by WINDBIRD.
Article 4 – Order
4.1. Method of placing an Order
The Order can be placed according to the following conclusion methods:
• Remote contract,
• Off-premises contract,
• contract concluded at a fair or exhibition.
The consumer does not benefit from a right of withdrawal for a purchase made at a fair or in a show.
4.2. Placing an order
4.2.1. The Order is placed:
• Directly on the WINDBIRD Site, via an Order form,
• By sending a purchase order, or any equivalent document, accompanied by these General Terms and Conditions, by email or postal mail,
• directly from WINDBIRD, particularly during fairs and exhibitions,

When a quote is established by WINDBIRD in advance, it specifies its validity period.
Any Order, regardless of its method of placing, constitutes acceptance of the description of the Products and Services and the prices displayed on the Site or on the quote.

When placing the Order, the Customer informs WINDBIRD:
• The number of Product(s) and/or Services subject(s) of the Order,
• The Customer's email address and telephone number,
• The billing address,
• Where applicable, the delivery method and address, or where applicable, the desired collection point,
• The payment method used.

The Customer is solely responsible for the inaccuracy and lack of completeness of the information communicated to WINDBIRD on this occasion, and WINDBIRD cannot under any circumstances be held responsible for the impossibility of delivering the Product, or for any error or delay in delivery due to inaccurate or missing information.

When placed from the Site, the Order is validated according to the handwritten signature procedures referred to in article 1367 of the civil code, and the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the Civil Code.

When the Customer himself sends a purchase order or any other equivalent document, the Order is only considered to have been validly placed by the Customer on the condition that the latter sends the document to WINDBIRD serving as a purchase order, as well as the General Terms and Conditions, both signed. In the absence of signature on one and/or the other of this document, there will be no Order.

The Customer pays the price of his Order.

4.2.2. When the Order is concluded under an Off-Premises Contract, WINDBIRD establishes on paper, or with the Customer's agreement on any durable medium, a Purchase Order including all the information mentioned in article 2, as well as a copy of these General Terms and Conditions.

The signing of the Purchase Order by the Customer and WINDBIRD, as well as the General Terms and Conditions constitutes the placing of the Order.

4.3. Order confirmation
4.3.1. Following the conclusion of the Order by the Customer, WINDBIRD sends the Customer an Order confirmation to the email address provided by the latter.

The confirmation contains the summary of the Customer's Order. Confirmation constitutes acceptance of the Order by WINDBIRD, subject to full payment of the price by the Customer, and/or availability of the Product.
The Customer can obtain tracking of his Order by WINDBIRD.
4.3.2. If the Product ordered is not available within the period mentioned by WINDBIRD, WINDBIRD will inform the Customer as soon as possible by email. WINDBIRD will reimburse the price of the Order within fourteen (14) days from notification of lack of availability.

4.4. Order Processing
Any Order will only be processed upon receipt of full payment of the price, and subject to its collection.

In the event of refusal of payment by the Customer's bank, the Order will be automatically canceled.

In any event, the Products remain the property of WINDBIRD until full payment of the price by the Customer.

4.5. Order cancellation
Until notification of shipment of the Product, the Customer may cancel his Order.
After shipment of the Products, the Customer may only cancel their Order within the framework of their right of withdrawal as specified in article 5 of the General Terms and Conditions.

Article 5 – Right of withdrawal
5.1. Content of the right of withdrawal
In accordance with the legal provisions in force, the Customer has a withdrawal period of fourteen (14) days from taking possession of the Product to exercise his right of withdrawal from WINDBIRD and cancel his Order, without having to justify reasons or to pay a penalty, for the purposes of reimbursement.
5.2. Information on the right of withdrawal
The Customer is informed of his right of withdrawal by these General Terms and Conditions and by communication, at the time of the Order, of the information notice attached hereto (Appendix 1).
5.3. Exercise of the right of withdrawal
The right of withdrawal may be exercised by the Customer by returning to WINDBIRD the withdrawal form attached below (Appendix 2), or any other declaration, unambiguous, expressing the desire to withdraw, in particular by postal mail addressed to WINDBIRD head office or by email sent to the WINDBIRD contact address mentioning the Order concerned by this withdrawal.
An acknowledgment of receipt on a durable medium will be immediately communicated to the Client by WINDBIRD.
5.4. Return of the Product
The Customer returns or returns the Product to WINDBIRD, without undue delay, and at the latest within fourteen (14) days following communication of their decision to withdraw.
In this case, the Customer only bears the direct costs linked to returning the Product to WINDBIRD.
However, the Customer may bear the costs linked to the depreciation of the Product due to manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product.
5.5. Effects of exercising the right of withdrawal – Reimbursement
If the Customer exercises its right of withdrawal, WINDBIRD will reimburse the totality of the sums paid, including delivery costs, at the latest within fourteen (14) days from the date on which the Customer informed him of his decision to retract.

However, WINDBIRD may defer reimbursement until the earlier of the following two dates:
• Date of return of the Product(s), or
• Date on which the Customer provides proof of shipment of the Product.

WINDBIRD reimburses the Customer via the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment, on the condition that this other means of payment is not involves no other costs for the Customer.

Finally, WINDBIRD is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by WINDBIRD.

Article 6 – Price
6.1. Price of the Product(s)
6.1.1. Each Product/Service is provided at the prices indicated by WINDBIRD.

6.1.2. The price is indicated including tax and excluding tax.

6.1.3. Delivery costs are added to the price of the Product. They depend on the delivery method, as well as the carrier chosen by the Customer when placing the Order. Delivery costs are indicated to the Customer in the summary presented to them before acceptance of the Order.

6.2. Payment Terms
6.2.1. The Customer makes the payment by choosing one of the payment methods offered to him by WINDBIRD. These payment methods vary in particular depending on the country in which the Customer is located.

6.2.2. Payment of the price takes place in cash at the time of the Order, unless otherwise indicated by WINDBIRD on the Order summary.

6.2.3. As an exception to the above, when the Order is concluded under an Off-Premises Contract, payment of the price occurs after the expiration of a period of seven (7) days from confirmation of the Order.

6.2.4. An invoice is sent by WINDBIRD to the Customer following payment of the price.

6.3. Payment delays
WINDBIRD will not be required to supply the Product ordered by the Customer, if the Customer does not pay the price under the conditions and according to the terms defined above.

Any sum not paid on its due date will give rise to late payment penalties, calculated by applying the legal interest rate to the price including tax appearing on the said invoice.

These penalties run from the formal notice to pay sent by WINDBIRD to the Customer and until full payment of the amount due.

Article 7 – Delivery
7.1. Delivery delay
Delivery consists of the transfer to the Customer of physical possession or control of the Product(s).
Delivery takes place worldwide to the delivery address provided by the Customer (or to the relay point selected if applicable) at the Customer's request, and within the time indicated to the Customer when placing the Order.

Delivery is made by WINDBIRD or by the carrier selected by the Customer when placing the Order.
Except in special cases, when several Products are ordered simultaneously, they will be delivered in one go.
7.2. Delays
In the event of a delay in delivery attributable to WINDBIRD and except in cases of force majeure, the Customer will have the right to request the cancellation of the sale of the Product(s) by registered letter with acknowledgment of receipt or on any other medium. durable (in particular e-mail with acknowledgment of receipt) subject to having previously instructed, according to the same terms, WINDBIRD to make delivery, where applicable, within a reasonable additional period and that WINDBIRD has not complied within this period .

In this case, the sale will be considered canceled upon receipt by WINDBIRD of the letter informing it of the resolution, unless WINDBIRD has complied in the meantime. The totality of the sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of denunciation of the resolution of the Order, without any sum being able to be retained by WINDBIRD as compensation.

Failure to meet delivery deadlines cannot give rise to the payment of any compensation to the Customer.

7.3. Receipt of delivery
At the time of Delivery, the Customer checks the apparent condition of the Product. Any apparent defect (damaged packaging, damaged or broken product) must be subject to specified and detailed reservations, expressly indicated on the delivery note. The Customer may also refuse delivery.

The Customer must confirm the reservations expressed, in writing, to WINDBIRD and the carrier within twenty-four (24) hours[_] of delivery. The Product will be returned in its original packaging to WINDBIRD, at the latter's expense.

Failing to express reservations, and if the Customer has not refused delivery, no reimbursement or compensation may be required.

Article 8 – Transfer of ownership – Transfer of risks
The transfer of ownership and the transfer of the related risks of loss and deterioration will only be carried out at the time when the Customer takes physical possession of the Product(s). The Product(s) therefore travel at WINDBIRD’s own risk.
Article 9 – Guarantees
9.1. Legal guarantee of conformity
The Customer benefits from the legal guarantee of conformity as established by the Consumer Code:
As such, the Client:
• benefits from a period of twenty-four (24) months from the delivery of the Product(s) to take action against WINDBIRD;
• benefits from an additional period of six (6) months to act against WINDBIRD if it had to activate the legal guarantee of conformity during the initial period of twenty-four (24) months;
• can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for by Article L. 217-12 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity during the twenty-four (24) months following delivery of the Product;
• this legal guarantee applies independently of any commercial guarantee possibly granted by WINDBIRD to the Customer.

9.1.1. As part of the legal guarantee of conformity, WINDBIRD informs and makes available to the Customer the updates necessary to maintain the conformity of the Product in accordance with the provisions of article L. 217-19 of the Consumer Code. WINDBIRD provides the Customer with the necessary instructions for installing updates.

However, WINDBIRD is not responsible for lack of conformity resulting from the non-installation of the updates concerned by the Client within a reasonable time from their making available by WINDBIRD, once WINDBIRD has informed the client of the availability of updates and the consequences of their non-installation, and that the installation failure is not due to gaps in the installation instructions provided by WINDBIRD.
9.1.2. WINDBIRD is responsible for the compliance of any Product with the contractual stipulations and the provisions of article L. 217-5 of the Consumer Code.

However, WINDBIRD is not responsible for the conformity of the Product(s) to specific expectations of the Customer not foreseen when placing the Order, unless WINDBIRD has expressly accepted them in writing.

In the event of a lack of conformity, the Customer has the choice between repairing or replacing any non-compliant Product.

However, if the repair or replacement of the non-compliant Product is impossible or results in disproportionate costs in application of article L. 217-12 of the Consumer Code, WINDBIRD may reimburse this Product, and notify its decision motivated to the Customer on durable support

9.1.3. Depending on the Customer's choice, WINDBIRD will repair or replace the Product, deemed non-compliant, within thirty (30) days of the Customer's request, at no cost to the Customer.

The recovery of the Product is the responsibility of WINDBIRD.

9.1.4. In the event of reimbursement for a Product deemed non-compliant, this will take place no later than fourteen (14) days following receipt of this Product by WINDBIRD or proof of its return by the Customer. The Customer is entitled to a reduction in the price of a non-compliant Product, or to the cancellation of the Order in the cases provided for in the Consumer Code, and in particular:
• when WINDBIRD refuses any compliance,
• when compliance occurs beyond the thirty (30) day period mentioned in article 9.1.3. of the General Conditions of Sale, or if this causes a major inconvenience,
• if the Customer definitively bears the costs of recovery, removal or replacement of the non-compliant Product, or if he bears the installation of the repaired Product,
• when the non-compliance of the Product persists despite WINDBIRD's unsuccessful compliance efforts.
9.1.5. The Customer returns the non-compliant Product to WINDBIRD at the latter's expense.

Reimbursement will be made using the same means of payment as that used by the Customer when paying, unless expressly agreed by the Customer, and without additional costs.
9.1.6. WINDBIRD makes every effort to ensure the continuity and portability of the network to which the Products are connected, in the event of failure of WINDBIRD, and in particular the opening of collective proceedings.
9.2. Hidden Defects Guarantee

The Customer benefits from the legal guarantee relating to defects in the item sold (articles 1641 to 1648, and 2232 of the Civil Code).
If the Customer decides to implement the guarantee of hidden defects in articles 1641 et seq. of the Civil Code, he will have the choice between canceling the sale and reducing the price, in accordance with article 1644 of the Civil Code. This action must be brought within two (2) years from the discovery of the defect by the Customer, in accordance with the provisions of article 1648 of the civil code.

9.3. Commercial guarantee
When the Customer subscribes to a commercial guarantee offered by WINDBIRD, this is the subject of a separate contract which is provided to the Customer in a readable and understandable manner on any durable medium, and at the latest at the time of delivery of the Product , in accordance with the provisions of the Consumer Code.
The information mentioned above specifies in particular the content of the commercial guarantee, the terms of its implementation, its price, its duration, its territorial extent, as well as the name and postal and telephone contact details of WINDBIRD.
Finally, it indicates, clearly and precisely, that it applies without prejudice to the right of the Client to benefit from the legal guarantees of conformity, hidden defects, ten-year and perfect completion within the limits of their respective scope of application. .
9.4. General warranty exclusions
It is expressly brought to the Customer's attention that none of the guarantees detailed above cover the following events and circumstances, the consequences of which are entirely borne by the Customer:
• Non-compliance with the legislation in force in the country of delivery,
• Use of the Product not in accordance with the normally expected use, negligence or lack of maintenance, failure to sufficiently secure the Product, etc.
• Damage resulting from a fall or impact on the Product, or from the use of an accessory not approved by WINDBIRD,
• Failure due to an external environment affecting the normal functioning of the electronics (in particular intense magnetic field, radiation, solar storm, jamming, etc.),
• Normal wear and tear (mechanical, battery, geolocation fault, etc.),
• Alteration due to climatic hazards: lightning strikes, aging and discoloration following exposure to ultraviolet rays, damage to the Product following exposure to extreme weather conditions (strong winds, storms, hail, floods, altitude above 4,000 meters, etc.),
• Opening of the Product, alteration and modifications of the Product (including its internal software),
• Malfunction due to installation in an area not covered by the network to which the Product connects,
• Theft of the Product,
• Force majeure.

Article 10 – Responsibility of WINDBIRD
WINDBIRD is in no way responsible for damage, direct or indirect, caused to the Customer or any third party, and due to use of the Product not in accordance with its intended purpose.
WINDBIRD provides a Product in good working condition. However, the Customer acknowledges and accepts, given the nature of the Product and Services,
• that the Products may be subject to a malfunction, including following a breakdown, or a design error.
• that the Products may be rendered faulty by their exposure to weather conditions, but also that the measurements returned may be subject to failures, in particular due to external weather conditions, jamming, interference, specific climatic events, disruption of the network used or any other event. These failures can sometimes persist when the Customer installs the Product in an inappropriate location.
These temporary failures in no way affect the conformity of the Product., and
Generally, WINDBIRD does not guarantee the consequences of the use of the Product, or of faulty measures by the Customer, which The Customer installs and uses the Product under his entire responsibility.
It is recalled as necessary that the Products are in no way designed, planned or authorized for a medical, military, aeronautical, space or defense, railway or automobile application, nor more generally for any application resulting in the implementation in danger of the Client or any Third Party. The Product must under no circumstances be used for applications that could result in damage to property and/or people, or cause any economic damage to the Customer himself or any third party.
In this regard, the Customer uses the Product and the measurements, and/or makes them available to third parties under his entire responsibility, without WINDBIRD being held responsible in any way whatsoever.
Article 11 – After-sales service
WINDBIRD sets up an after-sales service, which can be contacted by email only, at the following address:
In order to benefit from support, the Customer provides WINDBIRD with proof of purchase.
With the exception of cases where the defect reported by the Customer is covered under the legal guarantee of conformity, the guarantee of hidden defects, or a possible commercial guarantee, WINDBIRD sends a quote to the Customer establishing the details of its intervention, in particular the time, price, cost of spare parts necessary for repairing the WINDBIRD, and any other relevant information.
Once the quote is accepted by the Customer, WINDBIRD carries out the repairs within a reasonable time.

Article 12 – Protection of personal data
As part of its relationship with the Client, WINDBIRD collects the Client's personal data.
This data is collected and processed in accordance with the terms of WINDBIRD's privacy policy accessible from its website and presented to the Customer for acceptance when placing an Order.
Article 13 – Force majeure
WINDBIRD will not be held responsible in the event of failure to fulfill its obligations arising from the order resulting from a case of force majeure, as defined in article 1218 of the Civil Code.

The following events fall under such a situation, without this list being exhaustive:
• destruction affecting all or part of WINDBIRD’s installations,
• serious public disorder, wars, strikes, riots, epidemics, major nuclear accidents, blockages of means of transport and communication,
• Stoppage of communications services enabling the operation of the Products, beyond the control of WINDBIRD, due for example to the cessation of activity for whatever reason by their operator,
• natural disasters, cold waves or any other similar events, and, more generally, any events or causes beyond the control of WINDBIRD, preventing WINDBIRD and/or its partners in good faith from supplying the order.
WINDBIRD will inform the Customer in the event of the occurrence of one of the events described above as soon as possible.

Article 14 – Dispute resolution
14.1. No waiver
The fact that WINDBIRD does not avail itself at a given moment of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of the latter to subsequently avail itself of any of said provisions.
14.2. Complaints – Mediation
14.2.1. In the event of a complaint, the Customer must, as a priority, send his complaint to WINDBIRD customer service by sending an email to the contact address mentioned in these General Terms and Conditions.

14.2.2. In the event of failure of the complaint request to customer service or in the absence of a response from this service within two (2) months, the Customer may submit the dispute between him and WINDBIRD to a mediator who will attempt , with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

14.2.3. The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (art. L 612-1 of the Consumer Code) or with sectoral mediation bodies. existing, and whose references are as follows: [_] or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

14.2.4. In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, you will find below the electronic link to the online dispute resolution platform: https: //

14.3. Competent court – Applicable law
14.3.1. By express agreement between the parties, these General Terms and Conditions and the operations resulting from them are governed by French law.

14.3.2. All disputes to which purchase and sale operations concluded in application of these General Terms and Conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved amicably between WINDBIRD and the Client, will be submitted to the competent courts under the conditions of common law.

Appendix 1 – Information notice on the right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen (14) days.
The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify the Service Provider (by post to 110, impasse de Pré Baron – 73110 LA CHAPELLE-BLANCHE or by email to the contact address: of your decision to withdraw from the this contract by means of an unambiguous declaration (e.g. letter sent by post or e-mail). You can use the model withdrawal form (Appendix 2) but it is not obligatory.
For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal:
In the event of your withdrawal from this contract, we will reimburse you for all payments received from you, without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you.
We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is the earlier of these events.
You must return or return the goods in their original packaging and unused to the seller without undue delay and, in any event, no later than fourteen (14) days after you have communicated to us your decision to withdraw from this contract. . This deadline is deemed respected if you return the goods before the expiry of the period of fourteen (14) days.
We will cover the costs of returning the goods.
Your liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.

Appendix 2 – Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website.
To the attention of OPENWINDMAP, with its head office at 110, impasse de Pré Baron – 73110 LA CHAPELLE-BLANCHE / email: [_]
I hereby notify you of my withdrawal relating to the sale of the property below:

Ordered on: ___________________________________________________________________
Order number: ______________________________________________________
Identity (first and last name) of the Customer: ___________________________________________
Customer Address: ________________________________________________________________
Signature of the Client (only in the event of notification of this form on paper):
Date :