Windbird - Terms and conditions of sale
01-12-2025
Article 1 - General provisions
1.1. Scope of application and enforceability of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions of Sale" or the "GTS") apply without restriction or reservation to all sales of Products and Services by WINDBIRD to consumer and non-professional buyers (hereinafter the "Customer"), and govern their proper performance.
1.2. Definitions
General Terms of Sale or GTS: refers to the present general terms and conditions.
Customer: refers to the purchaser of Product(s), consumer (or non-professional when these conditions are applicable to him/her).
Distance Contract: means a contract concluded at a distance, in accordance with the definition given by the French Consumer Code, i.e. any Product Order contract concluded between WINDBIRD and the consumer Customer, within the framework of an organized system of distance sales or services, without the physical or simultaneous presence of WINDBIRD and the Customer, by the exclusive use of one or more distance 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 French Consumer Code, i.e. any Product Order contract concluded between WINDBIRD and the Customer, and in particular:
1° Either in a place which is not the place where WINDBIRD carries on its business permanently or habitually, in the simultaneous physical presence of the parties, including following a solicitation or offer made by the Customer ; or
2° either in the place where WINDBIRD permanently or habitually carries on its business, or by means of a remote communication technique, immediately after the Customer has been personally and individually solicited in a place different from that where WINDBIRD permanently or habitually carries on its business and where the parties were, physically and simultaneously present; or
Order: process of purchase of Product/Service by the Customer, as detailed in article 4 of the GTC.
Product(s)/Service(s): refers to the goods and services marketed by WINDBIRD.
Site: refers to the website https://windbird.com operated by the company WINDBIRD and on which the Products and Services are available for sale.
WINDBIRD: refers to the company OPENWINDMAP which markets Windbird, a cooperative limited company with a board of directors and variable capital, with a minimum share capital of 18500 euros, having its registered office at 39 rue de Vanchy, 01200 Valserhône, registered with the Bourg en Bresse Trade and Companies Register under number 903 301 737, intracommunity VAT number FR24903301737 - contact@openwindmap.org or contact@windbird.com , when it offers its Products and/or Services for sale in accordance with the GTS.
1.3. Communication and availability of the GTCS
These GTCS are systematically communicated to all Customers prior to the validation of their Order, and at the same time as the Order form where applicable. The version communicated on this occasion will prevail over any other version.
The GTC are also available and accessible, in their latest version in force, on the website operated by WINDBIRD, at the following address: https://shop.windbird.com/fr/content/3-conditions-generales-de-vente
1.4. Acceptance of the GCS
Validation of the Order in accordance with article 4 implies unreserved acceptance of the GCS, which the Customer declares to have read in advance.
1.5. Modification of the GCS
In the event of modification of these GCS, the version applicable to the Customer's Order shall be that provided at the time of placing the Order, and accepted by the Customer on that occasion.
Article 2 Pre-contractual information
The Customer declares that, prior to placing his/her Order, he/she has been provided, in a clear and comprehensible manner, with these GCS and with all the pre-contractual information and details the provision of which is required by the French Consumer Code.
The Client is also informed that WINDBIRD has professional liability insurance with Abeille Assurances, contract number 80040123.
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, sales of spare parts, repair of equipment, sale of telecommunication subscriptions.
The general essential characteristics of each Product and/or Service are indicated on the Site operated by WINDBIRD.
Article 4 - Ordering
4.1. Method of placing an Order
The Order may be placed according to the following methods of conclusion:
- Distance 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 exhibition.
4.2. Placing an Order
4.2.1. The Order is made:
- Directly on the WINDBIRD Site, via an Order form,
- By sending an order form, or any equivalent document, together with these GTC, by e-mail or post,
- Directly to WINDBIRD, in particular at trade fairs,
When an estimate is drawn up by WINDBIRD beforehand, it specifies its period of validity.
Any Order, regardless of how it is placed, implies acceptance of the description of the Products and Services and of the prices displayed on the Site or on the quotation.
When placing an Order, the Customer shall inform WINDBIRD of:
- The number of Product(s) and/or Service(s) covered by the Order,
- The Customer's e-mail address and telephone number,
- The billing address,
- Where applicable, the delivery method and address, or where applicable, the desired collection point,
- The method of payment used.
The Customer is solely responsible for the inaccuracy and incompleteness of the information communicated to WINDBIRD on this occasion, and WINDBIRD may in no case 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 procedures of handwritten signature referred to in article 1367 of the French Civil Code, and of conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code.
When the Customer himself sends an order form or any other equivalent document, the Order is only considered validly placed by the Customer if he sends WINDBIRD the order form and the GTC, both signed. In the absence of a signature on either or both of these documents, there will be no Order.
The Customer pays the price of the Order.
4.2.2. When the Order is concluded by virtue of an Off-Premises Contract, WINDBIRD establishes on paper, or with the Customer's agreement on any durable medium, an Order form including all the information mentioned in article 2, as well as a copy of these GTC.
The signature of the Order form by the Customer and WINDBIRD, as well as the GTC, 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 e-mail address provided by the latter.
The confirmation contains a 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 may have his Order tracked by WINDBIRD.
4.3.2. If the Product ordered is not available within the time period mentioned by WINDBIRD, WINDBIRD will inform the Customer as soon as possible by e-mail. WINDBIRD will refund the price of the Order within fourteen (14) days of notification of the 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 cancelled.
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 his Order within the framework of his right of withdrawal as specified in article 5 of the GTC.
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 his reasons or pay any 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 GTS and by the communication, at the time of the Order, of the information notice annexed 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 hereto (Appendix 2), or any other unambiguous statement expressing the wish to withdraw, in particular by post addressed to WINDBIRD's registered office or by e-mail sent to WINDBIRD's contact address mentioning the Order concerned by this withdrawal.
An acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by WINDBIRD.
5.4. Return of the Product
The Customer returns or restitutes the Product to WINDBIRD, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to retract.
In this case, the Customer only bears the direct costs linked to the return of the Product to WINDBIRD.
However, the Customer may bear the costs associated with the depreciation of the Product due to handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
5.5. Effects of exercising the right of withdrawal - Reimbursement
In the event that the Customer exercises his/her right of withdrawal, WINDBIRD will reimburse the Customer for all sums paid, including delivery costs, no later than fourteen (14) days from the date on which the Customer informed WINDBIRD of his/her decision to withdraw.
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 WINDBIRD with proof of shipment of the Product.
WINDBIRD will refund the Customer using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment, on condition that this other means of payment does not involve any other costs for the Customer.
Finally, WINDBIRD is not obliged to reimburse additional costs if the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by WINDBIRD.
Article 6 - Price
6.1. Price of Product(s)
6.1.1. Each Product/Service is supplied at the prices indicated by WINDBIRD.
6.1.2. Prices are quoted inclusive of VAT and exclusive of VAT
6.1.3. Delivery charges are added to the price of the Product. They depend on the delivery method and carrier chosen by the Customer when placing the Order. Delivery charges are indicated to the Customer in the summary presented before acceptance of the Order.
6.2. Terms of payment
6.2.1. The Customer makes payment by choosing one of the payment methods offered by WINDBIRD. These methods of payment vary according to the country in which the Customer is located.
6.2.2. Payment of the price is made 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 foregoing, when the Order is concluded under an Off-Premises Contract, payment of the price is made after the expiry 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. Late payment
WINDBIRD will not be obliged to supply the Product ordered by the Customer, if the latter does not pay the price to WINDBIRD in accordance with the terms and conditions set out above.
Any sum not paid by the due date will give rise to late payment penalties, calculated by applying the legal interest rate to the price inclusive of tax shown on the said invoice.
These penalties run from the date of the formal notice to pay sent by WINDBIRD to the Customer until full payment of the amount due.
Article 7 - Delivery
7.1. Delivery times
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product(s).
Delivery takes place in Europe at the delivery address given by the Customer (or at the selected relay point if applicable) at the Customer's request, and within the time indicated to the Customer when placing the Order.
Delivery is carried out by WINDBIRD or by the carrier selected by the Customer when placing the Order.
Unless otherwise specified, when several Products are ordered simultaneously, they will be delivered at once.
7.2. Delays
In the event of a delay in delivery attributable to WINDBIRD and except in the event of force majeure, the Customer will have the right to request the cancellation of the sale of the Product(s) by registered letter with acknowledgement of receipt or by any other durable medium (in particular e-mail with acknowledgement of receipt) subject to having previously enjoined WINDBIRD, by the same means, to effect delivery, where applicable, within a reasonable additional period and WINDBIRD has not complied within this period.
In this hypothesis, the sale will be considered cancelled upon receipt by WINDBIRD of the letter informing it of the resolution, unless WINDBIRD has performed in the meantime. All sums paid by the Customer will then be reimbursed to him at the latest within fourteen (14) days following the date of denunciation of the resolution of the Order, without any sum being retained by WINDBIRD by way of compensation.
Non-compliance with delivery deadlines will not give rise to the payment to the Customer of any compensation.
7.3. Receipt of delivery
At the time of delivery, the Customer shall check the apparent condition of the Product. Any apparent defect (damaged packaging, damaged or broken Product) must be the subject of reservations, specified and detailed, expressly indicated on the delivery note. The Customer may also refuse delivery.
The Customer must confirm any reservations 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 demanded.
Article 8 - Transfer of ownership - Transfer of risks
The transfer of ownership and the related transfer of risks of loss and deterioration will only take place when the Customer takes physical possession of the Product(s). The Product(s) therefore travel at WINDBIRD's risk.
Article 9 - Warranties
9.1. Legal warranty of conformity
The Customer benefits from the legal warranty of conformity as instituted by the French Consumer Code:
As such, the Customer:
- benefits from a period of twenty-four (24) months from delivery of the Product(s) to take action against WINDBIRD;
- benefits from an additional period of six (6) months to take action against WINDBIRD if he/she has had to activate the legal warranty of conformity during the initial period of twenty-four (24) months;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions set out in article L. 217-12 of the French Consumer Code;
- is exempt from proving the existence of the lack of conformity during the twenty-four (24) months following delivery of the Product;
- this legal warranty applies independently of any commercial warranty that may have been granted by WINDBIRD to the Customer.
9.1.1. Within the framework of the legal warranty of conformity, WINDBIRD informs and provides the Customer with the updates necessary to maintain the conformity of the Product in accordance with the provisions of article L. 217-19 of the French Consumer Code. WINDBIRD provides the Customer with the necessary instructions for installing the updates.
However, WINDBIRD shall not be liable for any lack of conformity resulting from the Customer's failure to install the relevant updates within a reasonable period of time after they have been made available by WINDBIRD, provided that WINDBIRD has informed the Customer of the availability of the updates and of the consequences of their non-installation, and that the lack of installation is not due to shortcomings in the installation instructions provided by WINDBIRD.9.1.2 WINDBIRD is responsible for the conformity of any Product to the contractual stipulations and to the provisions of article L. 217-5 of the French Consumer Code.
However, WINDBIRD is not liable for the conformity of the Product(s) to specific expectations of the Customer not foreseen at the time of 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 repair or replacement of any non-conforming Product.
However, if the repair or replacement of the non-conforming Product is impossible or entails disproportionate costs pursuant to Article L. 217-12 of the French Consumer Code, WINDBIRD may proceed with the reimbursement of such Product, and shall notify its reasoned decision to the Customer on a durable medium
9.1.3. Depending on the Customer's choice, WINDBIRD will repair or replace the Product deemed to be non-compliant within thirty (30) days of the Customer's request, at no cost to the Customer.
WINDBIRD is responsible for taking back the Product.
9.1.4 In the event of a refund for a Product deemed to be non-conforming, the refund will be made no later than fourteen (14) days following receipt of the Product by WINDBIRD or proof of its return by the Customer. The Customer has the right to a reduction in the price of a non-conforming Product, or to the cancellation of the Order in the cases provided for in the French 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 GCS, or if this causes it a major inconvenience,
- if the Customer definitively bears the costs of taking back, removing or replacing the non-conforming Product, or if it bears the installation of the repaired Product,
- when the non-conformity of the Product persists despite WINDBIRD's unsuccessful attempt to bring it into conformity.
9.1.5. The Customer shall return the non-conforming Product to WINDBIRD at the latter's expense.
The refund will be made using the same means of payment as that used by the Customer at the time of payment, unless expressly agreed by the Customer, and at no additional cost.
9.1.6. WINDBIRD shall make every effort to ensure the continuity and portability of the network to which the Products are connected, in the event of default by WINDBIRD, and in particular the opening of collective proceedings.
9.2. Warranty for Hidden Defects
The Customer benefits from the legal warranty relating to defects in the thing sold (articles 1641 to 1648, and 2232 of the French Civil Code).
If the Customer decides to invoke the warranty for hidden defects under articles 1641 et seq. of the French Civil Code, he/she will have the choice between rescinding the sale or reducing the price, in accordance with article 1644 of the French Civil Code. This action must be brought within two (2) years of discovery of the defect by the Customer, in accordance with the provisions of article 1648 of the Civil Code.
9.3. Commercial warranty
When the Customer subscribes to a commercial warranty offered by WINDBIRD, this is the subject of a separate contract which is provided to the Customer in a legible and comprehensible 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 aforementioned information specifies in particular the content of the commercial warranty, the terms and conditions of its implementation, its price, its duration, its territorial scope, as well as the name and postal and telephone contact details of WINDBIRD.
Finally, it indicates, in a clear and precise manner, that it applies without prejudice to the Customer's right to benefit from the legal warranties of conformity, hidden defects, decennial and perfect completion within the limits of their respective scope.
9.4. General warranty exclusions
The Customer is expressly informed that none of the above detailed warranties cover the following events and circumstances, the consequences of which are borne entirely by the Customer:
- Non-compliance with the legislation in force in the country of delivery,
- Use of the Product not in conformity with the use normally expected, negligence or lack of maintenance, failure to adequately secure the Product, , ...
- 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 impairing the normal operation of the electronics (in particular intense magnetic field, radiation, solar storm, jamming, ...),
- Normal wear and tear (mechanical, battery, geolocation defect ...),
- 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 (high winds, storms, hail, flooding, altitude above 4.000 meters, ...),
- Opening of the Product, alterations and modifications to 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 any damage, direct or indirect, caused to the Customer or to any third party, and due to a use of the Product that does not conform to its intended purpose.
WINDBIRD supplies a Product in good working order. However, the Customer acknowledges and accepts, in view of the nature of the Product and Services,
- that the Products may be subject to malfunction, including as a result of breakdown or design error.
- that the Products may be rendered faulty by their exposure to weather conditions, but also that the measurements rendered may be subject to failure, in particular as a result of external weather conditions, jamming, interference, specific climatic event, disruption of the network used or any other event. These temporary failures do not affect in any way the conformity of the Product, and
WINDBIRD generally does not guarantee the consequences of the use of the Product, or of faulty measures taken by the Customer, The Customer installs and uses the Product under his own responsibility.
It is reminded that the Products are in no way designed, intended or authorized for medical, military, aeronautical, space or defense, railway or automotive applications, nor more generally for any application that might endanger the Customer or any Third Party. The Product must not under any circumstances be used for applications which could result in damage to property and/or persons, or cause any economic prejudice whatsoever, to the Customer himself or to any third party.
In this respect, the Customer uses the Product and the measurements, and/or makes them available to third parties under his sole responsibility, without WINDBIRD being held liable in any way whatsoever.
Article 11 - After-sales service
WINDBIRD sets up an after-sales service, which can be contacted by e-mail only, at the following address: contact@windbird.com contact@windbird.org
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 warranty of conformity, the warranty for hidden defects, or any commercial warranty, WINDBIRD will send the Customer an estimate setting out the details of its intervention, including the time, price, cost of spare parts required to repair the WINDBIRD, and any other relevant information.
Once the estimate has been accepted by the Customer, WINDBIRD will proceed with repairs within a reasonable time.
WINDBIRD
Article 12 - Protection of personal data
As part of its relationship with the Customer, WINDBIRD is required to collect personal data from the Customer.
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 the Order.
Article 13 - Force majeure
WINDBIRD shall not be held liable in the event of failure to perform its obligations arising from the Order resulting from a case of force majeure, as defined in article 1218 of the French Civil Code.
Such a situation includes, but is not limited to, the following events:
- destruction affecting all or part of WINDBIRD's installations,
- serious public disorder, wars, strikes, riots, epidemics, major nuclear accidents, blockage of means of transport and communication,
- stoppage of communications services enabling the Products to operate, beyond WINDBIRD's control, due for example to the cessation of activity for any reason whatsoever of their operator,
- natural disasters, cold snaps or any other similar events, and, more generally, any events or causes beyond the control of WINDBIRD, preventing in good faith WINDBIRD and/or its partners from supplying the order.
WINDBIRD will inform the Customer in the event of the occurrence of any of the aforementioned events 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 the present GTC may not be interpreted as a waiver by the latter to avail itself subsequently of any of the said provisions.
14.2. Complaints - Mediation
14.2.1. In the event of a complaint, the Customer must, as a matter of priority, address his complaint to WINDBIRD's customer service department by sending an e-mail to the contact address mentioned in these GTC.
14.2.2. In the event of failure to submit a claim to the customer service department or in the absence of a response from this department within two (2) months, the Customer may submit the dispute opposing him to WINDBIRD to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
14.2.3. The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (art. L 612-1 of the French Consumer Code) or with existing sector-specific mediation bodies, whose references are as follows: [_] or to any alternative dispute resolution method (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://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
14.3. Jurisdiction - Applicable law
14.3.1. By express agreement between the parties, these GCS and the transactions arising therefrom are governed by French law.
14.3.2. Any and all disputes arising out of or in connection with the purchase and sale transactions entered into pursuant to these GTS, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved amicably between WINDBIRD and the Customer, shall 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 Provider (by post to 36 rue de Vanchy- 01200 VALSERHONE or by e-mail to the contact address: contact@openwindmap.org) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). You may use the model withdrawal form (Appendix 2), but this is not compulsory.
For the withdrawal period to be respected, it is sufficient for you to transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period
Effects of withdrawal:
In the event of your withdrawal from this contract, we will refund 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 refund using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means; in any event, this refund 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 comes first.
You must return the goods in their original, unused packaging to the seller without undue delay and, in any event, no later than fourteen (14) days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the fourteen (14) day period has expired.
We will cover the cost of returning the goods.
You will only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
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.
For the attention of OPENWINDMAP, having its registered office at 39 rue de Vanchy - 01200 VALSERHONE / mail: contact@openwindmap.org
I hereby notify you of my withdrawal concerning the sale of the goods below:
Ordered on: __________________________________________________________________
Order number : ______________________________________________________
Customer's full name: ___________________________________________
Customer address: _______________________________________________________________
Customer signature (only in case of notification of this form on paper):
Date: