GENERAL TERMS AND CONDITIONS OF SALE  -  MACFLY PARAMOTORS

Version 2026

 

1. Purpose

These General Terms and Conditions of Sale (GTCS) govern all sales made by Macfly Paramotors to professional and private customers.

Any order implies full and unconditional acceptance of these GTCS, to the exclusion of any other document not expressly accepted in writing by Macfly Paramotors.

 

2. Products

Products marketed by Macfly Paramotors include, but are not limited to:

• Complete paramotors

• Frames and cages

• Trikes and minitrikes

• Spare parts

• Accessories

• Related equipment

Technical specifications, dimensions, weights, performances, illustrations, photographs, videos, catalogs, technical sheets, social media publications and commercial documents are provided for information purposes only and are not contractually binding.

Performance figures, weights, speeds, endurance, thrust, fuel consumption and any other specifications communicated by Macfly Paramotors are indicative only and may vary depending on operating conditions, pilot, engine configuration, environment and equipment used.

Photographs, videos, illustrations and commercial documents are provided for information purposes only. Minor differences in finish, appearance, color, markings or equipment may exist between delivered products and promotional materials without constituting a defect or non-conformity.

Macfly Paramotors reserves the right to modify at any time the characteristics, dimensions, materials, components, manufacturing processes or equipment of its products as part of continuous improvement, without any obligation to modify or upgrade products previously sold.

 

3. Orders

Any order becomes binding upon acceptance by Macfly Paramotors.

Macfly Paramotors reserves the right to refuse any order, particularly in the event of:

• Previous unpaid invoices;

• Ongoing disputes;

• Incomplete information;

• Any other legitimate reason.

Any order cancellation accepted by Macfly Paramotors may result in the invoicing of costs already incurred.

 

4. Prices

Prices are expressed excluding taxes unless otherwise stated.

Transportation, insurance, customs duties, importation, storage and any other ancillary costs shall be borne by the customer unless otherwise agreed in writing.

Macfly Paramotors reserves the right to modify its prices at any time. Products shall be invoiced based on the price list in force on the date of order confirmation.

 

5. Payment

Invoices are payable according to the conditions agreed upon at the time of the order.

In the event of late payment, Macfly Paramotors may, as a matter of right:

• Apply statutory late payment penalties;

• Apply any legally applicable collection fees;

• Suspend pending orders or deliveries;

• Demand immediate payment of all outstanding amounts.

 

6. Retention of Title

Products remain the property of Macfly Paramotors until full payment of the purchase price has been received.

Risk transfers to the customer upon delivery of the product or handover to the carrier.

The customer undertakes to keep the products identifiable until full payment has been made.

 

7. Delivery

Delivery times are provided for information purposes only.

Reasonable delivery delays shall not entitle the customer to cancel the order, refuse payment or claim compensation.

Goods travel at the consignee's risk.

Any reservation regarding transport must be made directly with the carrier in accordance with the applicable regulations.

 

8. Regulatory Compliance

The purchaser is solely responsible for verifying that the importation, registration, operation and use of the products are permitted within the relevant country or jurisdiction.

Macfly Paramotors shall not be held liable for any inability to import, register or use a product resulting from local laws or regulations.

 

9. Product Use

Macfly Paramotors products are intended for use in aviation activities involving inherent risks.

Powered paragliding is an aviation activity involving risks that may result in property damage, serious injury or death, even when the equipment is correctly used and maintained.

The purchaser and user acknowledge that they are fully aware of and accept these risks.

The user is solely responsible for:

• Compliance with applicable regulations;

• Their qualifications and training;

• Compliance with user manuals;

• Proper maintenance of the equipment;

• Periodic inspections;

• Compliance with safety procedures.

It is the sole responsibility of the user to determine whether a product is suitable for its intended use.

The presence of a cage, net, starting system, kill switch or any other equipment does not eliminate the risks inherent in paramotor operation and does not relieve the user from complying with safety procedures, manufacturer instructions and accepted industry practices.

 

10. Warranty

The warranty exclusively covers manufacturing or material defects recognized by Macfly Paramotors.

The warranty does not cover:

• Normal wear and tear;

• Consumable items;

• Nets;

• Silent blocks;

• Damage resulting from accidents;

• Damage caused by impacts or shocks;

• Propeller-to-cage contact;

• Damage during transport or storage;

• Corrosion;

• UV exposure or weather-related damage;

• Incorrect assembly;

• Insufficient maintenance;

• Unauthorized modifications;

• Use of parts not approved by Macfly Paramotors;

• Any use not compliant with the manuals;

• Damage resulting from experimental testing, excessive stress, acrobatic maneuvers or any use exceeding the limits defined by the manufacturer.

Macfly Paramotors products are designed to help reduce certain risks associated with their use but cannot eliminate all risks inherent to aviation activities. No component of the product constitutes an absolute guarantee of safety.

Any warranty claim must be accompanied by sufficient information allowing identification of the product and analysis of the reported defect.

 

11. Safety Bulletins and Product Recalls

The purchaser undertakes to regularly review safety bulletins, information bulletins, technical updates, revised manuals and product recalls published or issued by Macfly Paramotors.

When acting as a distributor, dealer or school, the purchaser undertakes to forward such information to affected users without undue delay.

Failure to do so shall release Macfly Paramotors from any liability arising from the absence of such communication.

 

12. Limitation of Liability

Macfly Paramotors' liability shall be strictly limited to the repair, replacement or reimbursement of a product recognized as defective.

Macfly Paramotors shall not be liable for:

• Loss of business operations;

• Commercial losses;

• Loss of revenue;

• Loss of profits;

• Loss of customers;

• Indirect damages;

• Costs incurred by third parties;

• Consequences of improper use;

• Consequences of inadequate maintenance;

• Consequences resulting from failure to follow manuals or safety instructions.

In all circumstances, the total cumulative liability of Macfly Paramotors, regardless of the cause or legal basis asserted, shall be limited to the amount actually paid for the product concerned.

Nothing in these GTCS shall exclude any liability that cannot legally be excluded.

 

13. Intellectual Property

Trademarks, logos, designs, models, technical documents, photographs, videos, digital files, plans, 3D models, manuals and commercial documents remain the exclusive property of Macfly Paramotors.

Any reproduction, distribution, copying, adaptation or use is prohibited without prior written authorization.

 

14. Force Majeure

Macfly Paramotors shall not be held liable for any delay or failure resulting from events beyond its reasonable control, including but not limited to:

• Natural disasters;

• Fire;

• Pandemic;

• War;

• Embargo;

• Strike;

• Raw material shortages;

• Transportation disruptions;

• Supplier failures.

 

15. Governing Law and Jurisdiction

These GTCS shall be governed by French law.

Any dispute relating to their interpretation, validity or performance shall be subject to the jurisdiction of the competent French courts, without prejudice to any mandatory legal provisions applicable to consumers.

 

16. Right of Withdrawal Applicable to Consumers

Where the purchaser qualifies as a consumer under applicable law and the sale is concluded remotely, the consumer shall have a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal in accordance with applicable legislation.

The product must be returned complete, in its original condition and accompanied by all accessories, manuals and documentation.

Any depreciation resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product may be deducted from the refund.

Return shipping costs shall remain the responsibility of the consumer unless otherwise required by law.

 

17. Final Provisions

Should any provision of these GTCS be held invalid or unenforceable, the remaining provisions shall remain fully valid and enforceable.

The provisions relating to liability, intellectual property, warranties and jurisdiction shall survive the termination of the contractual relationship.