TERMS AND CONDITIONS OF SALE – CONSUMERS (B2C)

Seller identification
Seller: POWAIR6 (the “Seller”)
Registered address: 11 rue des Artisans, 31140 Pechbonnieu, France
Trade register: RCS Toulouse
SIRET: 538 825 407 00033
VAT number: FR42538825407
Email: info@powair6.com
Telephone: +33 (0)5 34 27 88 10 (opening hours indicated on the website)

These Terms apply to distance sales of products made via powair6.com (the “Website”) to consumers.
Business customers must refer to the B2B terms applicable to professionals.

Article 1 – Purpose and definitions
1.1. These Terms govern the sale of airsoft products and related equipment (replicas, parts, accessories, consumables) by the Seller to consumers via the Website.
1.2. Definitions:
- “Customer” means a natural person acting for purposes outside their trade, business, craft or profession.
- “Products” means the products offered for sale on the Website.
- “Order” means a purchase of Products placed by the Customer through the Website checkout process.
- “Customer Account” means the personal online account enabling order tracking and customer information management.
- “Business Day” means any day other than Saturday, Sunday and public holidays in France.
- “Delivery” means the transfer of physical possession or control of the Products to the Customer, to the address/method selected.

Article 2 – Scope
2.1. These Terms apply to any consumer Order placed on the Website.
2.2. They prevail over any other terms unless expressly agreed in writing by the Seller.
2.3. The Seller may amend these Terms at any time. The version applicable is the one in force on the date the Order is placed.

Article 3 – Acceptance and evidence
3.1. Placing an Order implies full acceptance of these Terms.
3.2. The Customer cannot place an Order without acknowledging having read these Terms. Online validation (checkbox and/or clicking “Order”, “Pay” or equivalent) constitutes valid consent and an electronic signature.
3.3. Unless proven otherwise, the Seller’s electronic records (order confirmations, emails, payment evidence, logs) constitute evidence of the transaction.

Article 4 – Customer account
4.1. Creating a Customer Account may be required to order or access certain services.
4.2. The Customer must provide accurate, complete and up‑to‑date information (identity, contact details, delivery address, etc.).
4.3. The Customer is responsible for keeping login details confidential and for all actions carried out through the account.
4.4. Where reasonably necessary (fraud suspicion, identity theft risk, non‑compliance, breach of these Terms), the Seller may request checks, suspend an account, or refuse/cancel an Order for legitimate reasons (without unlawfully restricting consumer rights).

Article 5 – Products
5.1. Product information. Essential characteristics are described on the Website. Pictures are for information only; minor variations may exist (packaging, markings, accessories, colours, supplier batches).
5.2. Compatibility and intended use. The Customer is responsible for selecting Products and checking compatibility (batteries, chargers, gas, internal parts, etc.).
5.3. Availability. Offers are valid while displayed on the Website and subject to stock availability. If an item becomes unavailable after an Order, the Customer will be informed and refunded for the unavailable part (or offered a partial fulfilment/alternative where possible).

Article 6 – Airsoft specificities (age, safety, legal compliance)
6.1. Restricted products / minimum age. Certain airsoft Products are legally restricted, including by age. Where applicable, airsoft replicas regulated under French rules are sold to adults only. By placing an Order, the Customer confirms they meet the legal minimum age requirement.
6.2. Age verification. The Seller may request proof of age and may suspend or cancel an Order if verification is not provided when reasonably required.
6.3. Safety and proper use. The Customer agrees to basic safety rules, including:
- wear suitable eye protection;
- use Products only in appropriate locations and in compliance with site/field rules;
- read the manual before use;
- never display a replica in public (risk of confusion with a real firearm);
- never aim/shoot at a person or animal;
- never look into the barrel;
- avoid shooting hard surfaces or water (ricochet risk);
- do not modify/dismantle to increase power;
- keep the safety on when not using the Product.
6.4. Local law / import compliance. The Customer is solely responsible for ensuring that purchase, import, possession and use are lawful in the destination/use country. The Seller is not liable for seizures, refusals, destruction or immobilisation by authorities (including customs) resulting from local restrictions or unlawful import by the Customer.

Article 7 – Orders
7.1. Ordering process. The Customer selects Products, reviews the basket, enters details, accepts these Terms and pays.
7.2. Confirmation. The Seller confirms the Order by email (or via the Customer Account).
7.3. Refusal/cancellation for legitimate reasons. The Seller may refuse or cancel an Order for legitimate reasons, such as:
- reasonable suspicion of fraud/identity abuse/abusive chargebacks;
- quantities clearly abnormal for consumer needs;
- payment incident;
- clearly undeliverable/invalid address;
- failure to meet age restrictions;
- stock shortage or supplier unavailability.
Where cancelled, the Seller refunds sums received for Products not delivered.

Article 8 – Prices (VAT, fees, international)
8.1. Prices are shown in euros. Unless stated otherwise, prices include VAT where applicable.
8.2. Delivery fees and any payment‑method fees (where applicable) are displayed before the Order is finally confirmed.
8.3. VAT depends on the rules in force at invoicing time and may depend on the delivery country (notably within the EU). The final amount payable to the Seller is the amount shown at checkout (excluding any import duties/taxes).
8.4. International (customs and import taxes). For deliveries outside France and/or outside the EU, customs duties, import VAT, local taxes, licences, and any local compliance obligations are borne exclusively by the Customer. Delays due to customs or local formalities are not attributable to the Seller.

Article 9 – Payment, instalments, anti‑fraud controls
9.1. Upfront payment. Orders are payable in full and upfront in euros using the payment methods offered on the Website (card, PayPal, bank transfer, and any other displayed methods).
9.2. Instalment payments via Alma. Payment by instalments is available through our partner Alma. The execution of the payment is subject to the conclusion of a credit agreement offered by Alma.The Seller expressly agrees, in advance, to the credit facility granted between Alma and the Customer in accordance with applicable consumer credit regulations. If Alma approves the Customer’s credit application, the amount of the order shall be paid through such credit facility.If Alma refuses to grant credit for a given order, the order may be cancelled, unless the Customer agrees to proceed with full payment by another method.Any termination of the contractual relationship between the Seller and the Customer shall automatically result in the termination of the credit agreement concluded between Alma and the Customer.In the event of withdrawal, any fees and interest paid by the Customer will be refunded in accordance with applicable laws and regulations. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure authentication. Alma acts as a payment service provider and issues an electronic certificate which constitutes proof of the transaction amount and date, in accordance with applicable legal provisions governing electronic evidence.
9.3. Security. Payments are secured via payment providers and authentication measures (e.g., 3‑D Secure, where available).
9.4. Anti‑fraud checks. The Seller may perform reasonable checks (identity/address/age confirmation) to prevent fraud and secure transactions. If checks are not provided or are inconsistent, the Seller may suspend or cancel the Order.
9.5. Payment incidents / chargebacks. In case of chargebacks, disputes, suspected fraud or non‑payment, the Seller may suspend shipment/services, request additional proof, and take steps to recover sums due to the extent permitted by law.
9.6. Retention of title. Products remain the Seller’s property until full payment is received.

Article 10 – Delivery (timeframes, territories, international)
10.1. Delivery address. Products are delivered to the address provided by the Customer. The Customer is responsible for its accuracy.
10.2. Timeframes. The Seller delivers on the date/timeframe indicated to the Customer at checkout. If no timeframe is agreed, delivery occurs without undue delay and no later than 30 days after contract conclusion.
10.3. Processing/shipping (operational guidance). Unless otherwise stated:
- paid orders are dispatched within an indicative maximum of 7 Business Days from payment;
- Products requiring assembly/custom preparation may take up to 15 Business Days to dispatch.
These are dispatch times; transit times depend on the delivery method selected.
10.4. Partial shipments may occur where operationally justified, without unjustified extra cost to the Customer (unless the Customer expressly agrees otherwise).
10.5. International. The Customer bears customs/import duties as per Article 8.4 and acknowledges that some Products may be restricted, delayed or refused by local authorities.

Article 11 – Receipt, checks and transport issues
11.1. The Customer should check the parcel and Products upon receipt.
11.2. If the parcel arrives open and/or damaged, the Customer is advised to refuse it where possible and contact the Seller immediately.
11.3. To facilitate carrier claims, the Customer should, where possible, make clear reservations with the carrier and contact the Seller promptly with photos and shipment references. This does not prejudice the Customer’s statutory rights.
11.4. Transfer of risk. Risk transfers to the Customer only when the Customer (or a third party designated by them) takes physical possession of the Products.

Article 12 – Right of withdrawal (14 days)
12.1. The Customer has 14 days to withdraw from a distance sales contract without giving reasons.
12.2. For goods, the period starts on the day the Customer (or a designated third party) receives the goods.
12.3. How to withdraw. The Customer may send the Seller the standard withdrawal form (Annex 1) or any other clear statement of withdrawal. The Website account “return request” feature is recommended but not the exclusive method.
12.4. Return of goods. The Customer must return the goods no later than 14 days after notifying withdrawal, with appropriate packaging and all accessories supplied.
12.5. Return costs. Direct return shipping costs are borne by the Customer unless the Seller expressly agrees to bear them or mandatory law provides otherwise.
12.6. Depreciation. The Customer is liable for diminished value only where handling goes beyond what is necessary to establish the nature, characteristics and proper functioning of the goods.
12.7. Refund. The Seller refunds all sums received (including standard outbound delivery costs) within 14 days from being informed of withdrawal. The Seller may withhold refund until goods are received back or evidence of dispatch is provided (whichever occurs first). Refunds are made using the original payment method unless expressly agreed otherwise.
12.8. Exceptions. Withdrawal does not apply in particular to goods made to the Customer’s specifications or clearly personalised (e.g., engraving, custom machining, made‑to‑order customisation), and other statutory exceptions.

Article 13 – Returns, after‑sales service and anti‑abuse policy
13.1. Outside withdrawal and statutory warranties, any return is subject to the Seller’s prior agreement and compliance with return instructions (condition, accessories, serial numbers, etc.).
13.2. After‑sales procedure. In case of issues, the Customer must contact the Seller by email/phone before sending anything back. A return authorisation number (RMA) may be issued and must be included with the parcel and invoice copy.
13.3. Shipping costs for after‑sales.
- If the claim falls under statutory warranty and a covered defect is confirmed, remedies are provided at no cost to the Customer (including necessary return/return‑shipment costs, per the Seller’s proposed process).
- If the claim is outside statutory warranty (misuse, normal wear, accidental damage, unauthorised modifications, consumables), costs may remain with the Customer.
13.4. Reasonable anti‑abuse policy. To protect customers and service integrity, the Seller may act against abusive behaviours such as:
- returns of goods used beyond reasonable testing for withdrawal, or incomplete (missing parts/accessories);
- damaged goods or unjustified signs of dismantling;
- fraudulent behaviour (false identity, false statements, abusive chargebacks);
- abnormal ordering patterns suggesting circumvention of B2C rules.
Depending on the case and in compliance with law, the Seller may apply lawful depreciation deductions (withdrawal), refuse non‑compliant returns, suspend accounts, refuse Orders for legitimate reasons, and request identity/age/address checks.

Article 14 – Statutory warranties and additional warranties
14.1. Statutory warranties. The Seller remains bound by mandatory statutory warranties, including the legal conformity warranty (French Consumer Code, L217 series) and the hidden defects warranty (French Civil Code, Article 1641 et seq.). Statutory warranties apply regardless of any commercial warranty.
14.2. Legal conformity warranty (overview). The Customer may request conformity by repair or replacement, subject to statutory conditions (impossibility or disproportionate cost).
14.3. Hidden defects. The Customer may seek rescission or price reduction under the statutory hidden defects framework.
14.4. Usage rules and exclusions (without restricting statutory rights). Normal wear, misuse, improper storage, unsuitable consumables (e.g., inappropriate gas for conditions), and unauthorised modifications may exclude or reduce coverage where the defect results from such causes.
14.5. Commercial warranty information (where applicable). Where the Seller offers an additional commercial warranty:
- AEG replicas: 12‑month mechanical commercial warranty (normal use); electronic parts/motors: 6 months;
- batteries: 8‑day “manufacturing defect on receipt” commercial warranty;
- magazine seals/internal seals: consumables/wear items, 30‑day commercial warranty;
- parts requiring technical installation: eligibility may depend on correct installation and proof that the defect is not due to assembly.
Commercial warranties are additional and do not reduce statutory rights.

Article 15 – Liability
15.1. The Seller is liable as required by applicable law.
15.2. The Seller is not liable for damages resulting from non‑compliant use, failure to follow safety instructions, unauthorised modifications/repairs, or unlawful import in the destination country attributable to the Customer.
15.3. Nothing in these Terms excludes or limits mandatory consumer rights.

Article 16 – Force majeure
16.1. Force majeure applies where an event beyond the debtor’s control, unforeseeable at contract conclusion and unavoidable by appropriate measures, prevents performance.
16.2. Performance is suspended during the impediment; if definitive, the contract may be terminated under applicable law.

Article 17 – Intellectual property
17.1. Website content (texts, images, logos, trademarks, videos, product sheets, etc.) is protected.
17.2. Any unauthorised reproduction or use is prohibited.

Article 18 – Personal data
18.1. The Seller processes personal data for order management, delivery, customer service, fraud prevention and legal compliance.
18.2. The Customer has statutory rights (access, rectification, objection, erasure, restriction, portability) under applicable rules.
18.3. Details are provided in the privacy/GDPR information on the Website (section “RGPD”).

Article 19 – Mediation and disputes
19.1. Prior complaint. The Customer should first contact customer service to seek an amicable solution.
19.2. Consumer mediation (France). The Customer may refer the dispute to a French consumer mediator, free of charge, subject to having attempted prior resolution with the Seller.
Designated mediator: CNPM MEDIATION CONSOMMATION, 23 rue du Terrenoire, 42100 Saint-Etienne (France), Site internet : https://www.cnpm-mediation-consommation.eu/
19.3. EU information (ODR). The European ODR platform is closed. For EU cross‑border consumer redress information, the Customer may consult: https://consumer-redress.ec.europa.eu/.
19.4. Governing law and jurisdiction. These Terms are governed by French law. However, EU consumers may also benefit from mandatory consumer protections of their country of habitual residence. Courts with jurisdiction are determined under the applicable rules.

Article 20 – Final provisions
20.1. Severability. If a clause is held invalid, the remaining provisions remain in force.
20.2. No waiver. Failure to enforce a provision at a given time does not waive the right to enforce it later.
20.3. Language. These Terms are drafted in English as a translation. A French version may also be provided. In case of discrepancy, the French version prevails unless mandatory law requires otherwise.

ANNEX 1 – Standard withdrawal form (template)

(Complete and return this form only if you wish to withdraw.

 

To: POWAIR6 – 11 rue des Artisans, 31140 Pechbonnieu, France – info@powair6.com

 

I/We () hereby give notice that I/We () withdraw from my/our (*) contract of sale of the following goods:

Order number:

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

 

Signature of consumer(s) (only if notified on paper):

Date:

(*) Delete as appropriate.