Conditions Générales de Vente

1. Definitions

For the purposes of these General Terms and Conditions of Sale (GTCS), the following terms shall have the meanings set out below :

“Company”: refers to FLYING EYE, a supplier of products and services related to professional drones.
“Customer”: any natural or legal person acting in the course of their professional or business activity and entering into a contract with the Company.
“Products”: equipment, hardware, accessories, software, or services offered for sale or rental by the Company.
“Services”: ancillary services, including training, maintenance, technical support, and related services.

2. Scope of the General Terms and Conditions of Sale

FLYING EYE operates exclusively on a business-to-business (B2B) basis. The FLYING EYE website is intended for use by business customers only and not by individuals acting as consumers.

These General Terms and Conditions of Sale (GTCS) apply to all sales and rental agreements concluded by FLYING EYE, regardless of any conflicting provisions contained in the Customer’s documents, including, without limitation, the Customer’s own general terms and conditions of purchase.

These GTCS apply to the sale and rental of Products, including digital products.

By placing an order, the Customer acknowledges having read and unconditionally accepted these GTCS, notwithstanding any reservation or conflicting condition that may be asserted by the Customer.

Nothing in these GTCS shall affect the mandatory statutory rights of a Customer acting as a consumer under applicable consumer protection laws.

3. Intellectual Property

Any studies, drawings, catalogues, specifications, and technical recommendations prepared by FLYING EYE shall remain the exclusive property of FLYING EYE. They may not, under any circumstances, be reproduced, distributed, or used without FLYING EYE’s prior written consent, failing which legal action may be taken.

4. Orders

4.1. Order Formation

All orders must be confirmed in writing, either:

by a signed and stamped quotation bearing the handwritten statement “approved for acceptance”;
or by online confirmation through the website www.flyingeye.fr.

Payment by credit card on the website results in immediate payment processing.

FLYING EYE reserves the right to make the acceptance of an order subject to: the payment of a deposit; full payment of the order price; or the provision of appropriate guarantees.

The benefit of the order is personal to the Customer and may not be transferred or assigned without FLYING EYE’s prior written consent.

No cancellation shall be accepted once the order execution process has started. In the event of cancellation, the Customer shall be liable for a cancellation fee amounting to 70% of the total order value. Any deposits paid shall remain the property of FLYING EYE.

Any modification to an order (including quantity, delivery time, or price) shall require FLYING EYE’s express prior approval.

4.2. Accuracy of Information

The Customer is responsible for verifying the completeness and accuracy of the information provided when placing an order (including billing address, delivery address, and any other relevant details).

In the event of an input error or incorrect information provided by the Customer, FLYING EYE shall not be held liable for any resulting consequences, including delays, delivery errors, or additional costs.

4.3. Anti-Fraud Verification

To ensure the security of transactions, FLYING EYE may request proof of identity, proof of address, or proof of financial capacity (e.g., electricity bill, telephone certificate, or a masked copy of a bank card excluding the security code).

The delivery period shall only begin once these documents have been validated.

In the absence of compliant supporting documents, FLYING EYE reserves the right to:

cancel the order;
or require full payment in advance.

4.4. Product Descriptions and Advertising

Product descriptions provided on the website, in catalogues, or in advertisements are for information purposes only and are not contractually binding.

An order shall only be deemed accepted upon FLYING EYE’s written confirmation, including confirmation of the price and delivery times.

5. Equipment Rental and Loan

5.1. Eligibility Requirements

The Customer must meet the following eligibility requirements:

Minimum age: 18 years old.
Use is strictly reserved for professional drone operators holding:
- a drone theoretical certificate;
- a drone practical flight certificate;
- valid professional liability insurance.

Required documents:

Company registration details (SIRET/SIREN number);
Drone operator’s identity card and drone operator certification;
Drone operator and company professional liability insurance certificates.

5.2. Rental Procedure

Rental requests may be submitted via the website, by phone, email, or through the dedicated contact form. A response will be provided within 48 business hours (mainland France).

The rental agreement shall be validated upon payment of the quotation.

A bank guarantee (e-deposit) amounting to 90% of the public retail price of the equipment is required (processed via Ogone). The guarantee will be released once the equipment has been returned and its condition has been approved.

Equipment shall be shipped via approved carriers (UPS, DHL, Chronopost B2B). Shipping and return costs shall be borne by the Customer.

In the event of non-return of the equipment, FLYING EYE reserves the right to cash the security deposit and issue an invoice for an equivalent amount.

A condition report shall be prepared before shipment. Any anomaly must be reported within 24 hours to info@flyingeye.fr.

5.3. Responsibilities and Insurance

The equipment must be used strictly for professional purposes and in compliance with all applicable laws and regulations.
The Customer shall be responsible for any violations, offences, or damages caused to third parties while using the equipment.
In the event of total loss or theft, the Customer shall reimburse the equipment at its public retail price, less a 10% depreciation allowance.
The Customer is required to notify FLYING EYE within 4 days of any incident involving the equipment.
The equipment shall be deemed officially returned only after FLYING EYE has validated the condition report.

5.4. Rental Period and Equipment Return

The rental or loan period shall be 24 consecutive hours from the time the equipment is made available to the Customer. Any extension beyond this period will result in additional charges.
The Customer must return the equipment complete, in good working condition, and properly cleaned. Any refurbishment, repair, or cleaning costs required shall be invoiced to the Customer where applicable.
FLYING EYE reserves the right to a period of 48 hours following the return of the equipment to report any damage or deterioration not previously declared by the professional Customer.

5.5. Cancellation

Any cancellation made less than 24 hours before the scheduled rental period will result in the invoicing of 50% of the rental amount.

Failure to use the equipment shall not entitle the Customer to any refund.

6. Modifications, Cancellations, and Returns

6.1. Equipment Purchases or Rentals

Any return of equipment is subject to FLYING EYE’s prior written approval. If the return is accepted, the Customer will be refunded upon receipt of the returned product(s), provided that they are in perfect condition, complete, and returned in their original packaging. Restocking fees may apply.

6.2. Exclusions

The following items are not eligible for a right of withdrawal :

Sealed goods that have been unsealed by the Customer after delivery; Products that have been customised or modified at the Customer’s request (for example: a PC with custom assembly); Products that cannot be returned for reasons of hygiene or health protection (for example: earphones).

7. Prices

Prices are expressed in euros, including all taxes (VAT included), as applicable on the date the order is placed.
Written quotations are valid for 30 days, unless otherwise stated.
Prices may be modified without prior notice.

8. Payment Terms

All invoices shall be payable at the registered office of FLYING EYE in Biot. Unless otherwise agreed in writing, payment shall be due upon ordering the equipment or services. In the event of late payment, FLYING EYE reserves the right to suspend all ongoing orders, without prejudice to any other legal action it may take. Any amount remaining unpaid after the payment due date stated on the invoice shall automatically incur late payment penalties from the day following the due date, at a rate of 11%.

These late payment penalties shall be automatically due and payable to FLYING EYE without the need for any prior formal notice or demand for payment. Furthermore, as of 1 January 2013, a fixed compensation fee of €40 for debt recovery costs shall systematically be added to the late payment penalties payable to the creditor.

If the actual debt recovery costs incurred exceed this fixed amount, additional compensation may be requested from the debtor upon presentation of supporting evidence. The sale shall be automatically terminated forty-eight (48) hours after an unsuccessful formal notice to pay has been issued. Such termination shall apply not only to the order concerned but also to all ongoing orders, which shall become immediately due and payable.

Likewise, where payment is made in instalments, failure to pay a single instalment shall result in the immediate payment of the entire outstanding debt, without the need for prior formal notice. Any deposit paid by the purchaser shall remain the property of FLYING EYE as a fixed compensation amount, without prejudice to any other legal remedies available to the Company. FLYING EYE reserves the right, at any time and depending on the risks involved, to set a credit limit and require appropriate guarantees.

9. Retention of Title Clause

Pursuant to French Law No. 80-335 of 12 May 1980, FLYING EYE shall retain ownership of the goods sold until full and effective payment of the total purchase price has been received.

Failure to make payment may result in the return of the goods at the buyer’s own risk and expense.

These provisions shall not prevent the transfer to the buyer of the risks of loss, theft, or deterioration of the goods sold upon delivery.

The buyer shall bear all legal and judicial costs arising from any legal proceedings.

10. Delivery

10.1. Delivery Terms

Delivery shall be carried out in accordance with the terms and conditions specified in the order. In the event that the equipment is made available for collection at FLYING EYE’s premises, the buyer undertakes to take delivery within 30 days. After this period, FLYING EYE may consider the sale automatically terminated, without the need for any prior formal notice. Such termination shall entitle FLYING EYE to a fixed compensation amounting to 70% of the total order value, without prejudice to any claim for additional compensation in the event of greater damages suffered.

10.2. Delivery Times

Delivery times are provided for information purposes only and depend on product availability and supply conditions.

FLYING EYE reserves the right to make full or partial deliveries.

In the event of scheduled partial deliveries, failure to meet a specific delivery date shall not affect FLYING EYE’s right to proceed with subsequent deliveries as agreed with the buyer.

Any delay in delivery shall not entitle the buyer to claim damages or cancel any ongoing orders.

However, if the product has not been delivered two months after the indicative delivery date, for any reason other than force majeure, either party may request termination of the sale. In such case, the buyer may obtain a refund of the deposit paid, excluding any other compensation or damages.

The following events shall be considered as cases of force majeure releasing the seller from its obligation to deliver: war, riots, fire, strikes, accidents, natural disasters, or the seller’s inability to obtain supplies. FLYING EYE shall inform the buyer, in due course, of the occurrence of any of the above-mentioned events.

In all circumstances, delivery within the agreed timeframe can only take place if the buyer is fully up to date with all obligations towards the seller, regardless of the cause.

10.3. Acceptance of Delivery

The buyer must verify the apparent condition of the products upon delivery, including the quantity, weight, and dimensions of the goods delivered.

Without prejudice to any claims or actions against the carrier, any complaints relating to apparent defects or non-conformity of the delivered product with the product ordered or the delivery note must be submitted in writing within eight (8) days of receipt of the products.

The buyer shall be responsible for providing all evidence supporting the existence of the alleged defects or irregularities.

The buyer must allow FLYING EYE every reasonable opportunity to inspect the alleged defects and take appropriate corrective action. The buyer shall refrain from carrying out any intervention themselves or appointing a third party for this purpose.

No claim shall be considered validly accepted if these formal requirements have not been complied with.

10.4. Return of Goods

FLYING EYE shall not accept any return of goods without prior authorisation.

Any unauthorised return of goods shall remain available to the buyer and shall not give rise to the issuance of a credit note.

All costs and risks associated with the return of goods shall always be borne by the purchaser.

Goods for which a return has been approved must be returned within eight (8) days following such approval and must be in the same condition as when delivered.

FLYING EYE shall replace, as soon as possible and at its own expense, any delivered products for which an apparent defect or non-conformity has been duly established under the conditions set out above.

No compensation may be claimed from FLYING EYE as a result of an accepted return of goods.

11. Transfer of Risk

All goods are sold ex works (EXW) and therefore travel at the buyer’s own risk and expense, even where the means of transport is arranged by FLYING EYE, regardless of the mode of transport used (carriage paid or carriage forward) and regardless of the place of delivery.

In the event of damage, loss, or shortages, the buyer shall be responsible for carrying out all necessary inspections and must confirm any reservations or claims by means of an extrajudicial notice or registered letter with acknowledgement of receipt sent to the carrier within three (3) days following receipt of the goods.

12. Warranty

FLYING EYE warrants the purchaser against any hidden defect resulting from a defect in materials, design, or manufacturing affecting the delivered products and rendering them unfit for their intended use.

Any warranty shall be excluded in the event of improper use, negligence, or failure to maintain the product by the purchaser, as well as in cases of normal wear and tear or force majeure.

In order to exercise their rights under this warranty, the purchaser must notify FLYING EYE in writing within a maximum period of one (1) year from the date on which the hidden defect is discovered.

Once FLYING EYE has approved the application of the warranty, FLYING EYE shall replace the products deemed to be defective.

13. Liability

FLYING EYE shall not be held liable for any damage resulting from the use of systems that modify the integrity of the drone (e.g., internal circuit breakers or cut-off systems).

FLYING EYE shall not be held liable for any damage caused to third-party payloads or surrounding property in the event of a crash.

Responsibility shall remain with the operator.

14. Personal Data

The Privacy Policy is available at: https://www.flyingeye.fr/politique-de-confidentialite

15. Disputes

Any dispute shall fall under the exclusive jurisdiction of the Commercial Court of Antibes.