Terms of Sales
These general conditions of sale (hereafter “CGV” ) are applicable to all sales of Vehicles concluded between AeroAutofactoria SA with a capital of 4,000,000 € registered in the Luxembourg Trade and Companies Register under number B 132.059 and registered under IBLC number LU 17 233 733, having its registered office at L- 8080 Foetz, and the Client at exclusion of all other products or services offered by AeroAutofactoria SA , which are governed by their own general and specific conditions.
The GTC were brought to the attention of the Customer prior to the conclusion of the sale and are expressly included on the website of AeroAutofactoria SA , www.aeroautofactoria.lu , as well as following the delivery of the vehicle description by AeroAutofactoria SA to the Client, countersigned by the Client.
Any Order implies unreserved acceptance of these GTC.
Client: any Individual Client, any Physical person or legal entity which acts for purposes which do not fall within the framework of its commercial, industrial, craft or liberal activity.
Distance contract : any contract concluded between AeroAutofactoria SA and a Customer, within the framework of the organized distance selling system (transmission of all documentation by electronic means ranging from the order to payment for the vehicle (s), i.e. the conclusion of the Distance selling), that is, without the simultaneous physical presence of AeroAutofactoria SA and the Client.
Vehicle: Used Vehicle offered for sale by AeroAutofactoria SA.
BDC: Order form corresponding to the technical description of the vehicle
The Vehicle object of the sale is described on the BDC sent by AeroAutofactoria SA to the Customer. This Vehicle has been previously chosen by the Customer via the advertisement sites or directly in one of the AeroAutofactoria SA agencies.
The photographs illustrating the products on the AeroAutofactoria SA site are indicative and do not contractually bind AeroAutofactoria SA.
Any BDC sent by AeroAutofactoria SA to the Client, returned signed by the Client to AeroAutofactoria SA, implies on its part its full and complete acceptance of these GTC.
The Customer is informed and accepts that AeroAutofactoria SA negotiates with independent distributors of the Vehicle brand or any other companies in France or abroad the purchase of the Vehicle designated in the BDC.
4.1 Price stipulated to the BDC
The price of the Vehicle as shown on the BDC of AeroAutofactoria SA sent to the Customer is inclusive of tax and includes in detail:
- The price of the Vehicle described with its standard equipment,
- The options described on the BDC,
- Formality costs of € 450, including in particular the management of administrative procedures, preparation of the vehicle, provisional registration card (if applicable), provisional plates and provision of the vehicle,
It is expressly agreed between the contracting parties that it is the Customer’s responsibility to pay all taxes and in particular carbon taxes relating to his Vehicle.
AeroAutofactoria SA cannot be held responsible for the removal or modification of the provisions relating to said taxes, in particular in the context of the sale of Vehicles ordered over one year and delivered the following year.
4.2. Cost of the final gray card
The cost of the final registration card depends on the fiscal power of the Vehicle, the level of CO² emission of the Vehicle and the Customer’s place of residence.
Its amount will be payable by the Customer, in addition to the Price stipulated in article 4.1.
When accepting the BDC, the Client agrees to pay for the benefit of AeroAutofactoria SA, according to the terms stipulated in said BDC, a deposit in the amount of € 1,000, payable by credit card or by transfer or by check.
Payment of the balance due will be made exclusively, either by certified cashier’s check when the Vehicle is made available and made payable to “AeroAutofactoria SA” only if it is delivered to the point of sale or to a dealership, either by bank transfer, which must appear on AeroAutofactoria’s bank account HER the day before delivery at the latest from the Vehicle to the Customer.
Delivery of the Vehicle will be made at the point of sale or at one of the AeroAutofactoria SA dealerships.
The delivery time of the Vehicle is indicated to the BDC, and only this time commits AeroAutofactoria SA.
Notwithstanding the above,
- AeroAutofactoria SA may have to postpone the delivery of the Vehicle (s) depending on the correct receipt by the supplier of AeroAutofactoria SA of all the documents necessary for the completion of the transaction.
AeroAutofactoria SA can not be held responsible for late delivery due to failure to produce said documents.
- AeroAutofactoria SA, in consideration for the damage related to the failure to deliver within the deadlines set by the BDC, undertakes to provide the Customer with a replacement vehicle for a maximum period of 14 calendar days and undertakes to carry out all due diligence administrative procedures in order to transfer the use of the Vehicle sold to the Customer.
- AeroAutofactoria SA cannot be held responsible for any delays and delays caused by European Administrations in the registration process of the vehicle (s), insofar as AeroAutofactoria SA will have delivered to the customer all the legal documents necessary for the accomplishment of this procedure.
The Customer is informed that the vehicles can be made available by two means, at the Customer’s choice, as specified on the BDC, and depending on the Vehicles.
- The Customer can choose one of the delivery methods offered by AeroAutofactoria SA.
- the Customer can choose to: Collect the Vehicle (s) directly from the AeroAutofactoria SA dealerships or appoint a third party for this purpose.
When the Vehicle (s) is (are) ready to be made available to the Customer, AeroAutofactoria SA informs the Customer thereof by contacting him directly by telephone and sending him an electronic message. As such, the contact details taken into account for the information on the provision of the Vehicle (s) will be those entered on the BDC.
In the absence of a response from the Customer within eight (8) calendar days from the aforementioned call or electronic message, AeroAutofactoria SA will inform the Customer by registered letter with acknowledgment of receipt of the provision of the Vehicle sent. at the Customer’s address as entered on the BDC.
When a BDC concerns several Vehicles for which the availability periods are not identical, AeroAutofactoria SA will deliver these Vehicles at once, when they are all available. No partial shipment of Vehicle can take place.
Except in cases of force majeure, the Customer undertakes to take delivery, at the latest, within eight (8) calendar days following the date of receipt of the aforementioned registered letter. After this period, and cumulatively:
- The Sale will be canceled and the deposits paid to AeroAutofactoria SA will remain definitively acquired by AeroAutofactoria SA as compensation for the cancellation of the contract, subject to AeroAutofactoria SA’s right to demand, if necessary, the execution of the Sale in court. or the payment of damages;
- AeroAutofactoria SA may invoice the Customer for custody costs of up to € 45 including tax per day, from the receipt by the Customer of the aforementioned registered letter with acknowledgment of the provision of the Vehicle and until the resolution of the contract.
For distance contracts, consumer credit contracts, or contracts concluded following a canvassing, the Customer has a withdrawal period of seven days (7) calendar days from the order of the Vehicle. and this in accordance with the provisions of Luxembourg law.
For Contracts concluded with concessions, the Customer will not have such a right of withdrawal.
The Customer may exercise his right of withdrawal by sending AeroAutofactoria SA a letter expressing unambiguously his desire to withdraw and containing the elements allowing him to be identified (name, first name, address, BDC number). For this purpose, he may use the withdrawal form attached to these general conditions of sale, which he will send to the following address: “AeroAutofactoria SA, Service Client, 1C, rue du Commerce, L-3844 Schifflange / Foetz, or the online form » .
The Customer must be able to prove that he has exercised his right of withdrawal.
In the event of delivery or taking possession of the Vehicle, the Customer must return the Vehicle to AeroAutofactoria SA, at the dealership where the delivery took place, without delay and at the latest within two (2) calendar days following the notification. (date of dispatch) of its decision to withdraw.
As soon as the Customer has exercised his right of withdrawal within the time limit and under the conditions described above, AeroAutofactoria SA commits, as soon as the Vehicle has been returned to him or as soon as the Customer has provided proof of the Vehicle shipment, to reimburse the Customer, of the sums paid, including the delivery costs within 7 days.
In any event, the costs of repairing the returned Vehicle – if it was damaged and / or accidental -, as well as any other costs caused or incurred during the period of possession by the Customer of the returned Vehicle or during its shipping, will be the responsibility of the Customer.
In addition, if the number of kilometers traveled since delivery exceeds 500 km, the Customer must compensate AeroAutofactoria SA, for each kilometer traveled beyond the said threshold of 500 km, up to 1 euro including tax per kilometer.
As such, the BDC signed by the Customer will constitute a statement of the condition of the Vehicle on the day of the Sale.
The Vehicles offered by AeroAutofactoria SA are Used Vehicles, including in particular “0km” Vehicles.
The Customer is informed that a “0 Km” Vehicle is a used Vehicle which has received a first registration and whose mileage is between 0 and 100 km.
Without prejudice to the provisions of article 18 hereof, the Customer benefits from the legal guarantees, as defined in articles L-212-1 et seq. Of the Consumer Code, the last paragraph of article L-212-6 dealing more precisely second-hand goods reproduced below.
Thus, for Vehicles whose first entry into service took place more than a year ago, the legal guarantee of conformity of a used car is set at 1 year and covers the following elements: Engine, Gearboxes speed (automatic and manual) and bridges (wheel drive).
In any case, after the expiry of the two-year period, the Customer can no longer claim the defect of the Vehicle, even by way of exception.
AeroAutofactoria SA is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
The action resulting from crippling defects must be brought by the Customer within 1 year from the discovery of the defect.
All Vehicles are guaranteed by the manufacturer’s warranty, when it is still valid and for which we have been subrogated, that is to say:
- within two years or more, starting from the first registration of the Vehicle (the exact duration of the manufacturer’s warranty is specified in the BDC), and
- in any event for all “0 km” Vehicles.
The content, scope and terms of implementation of the warranty are specified either in the manufacturer’s warranty booklet supplied with the Vehicle (s) delivered by AeroAutofactoria SA, or on the website of the manufacturer. manufacturer or in the maintenance book or via data collected on the Vehicle’s on-board computer or in its network.
The Customer is informed that he also benefits from recall actions during security operations at the brand dealer closest to him.
Under no circumstances will the Client be able to claim any recourse against the company. AeroAutofactoria SA in the event of misuse or non-compliance by the Customer with the manufacturer’s instructions in the application of the warranty.
The application of the manufacturer’s warranty is not conditioned by the performance of repair and maintenance services not covered by this warranty, by a network repairer approved by the manufacturer.
When the Customer requests, during the course of the manufacturer’s warranty, a repair covered by one of these guarantees, any downtime of at least seven days is added to the duration of the remaining warranty. .
This period runs from the Customer’s request for intervention or the provision for repair of the Vehicle in question, if this provision is subsequent to the request for intervention.
AeroAutofactoria SA assists the Client in obtaining his final registration. All the documents inherent to the Vehicle and necessary for its final registration are sent directly to the Customer by the services of AeroAutofactoria SA.
The Customer is informed that his Vehicle is likely to undergo a first registration in his name or in the name of an intermediary. He is informed that he may, if necessary, drive under cover of a provisional registration assigned by AeroAutofactoria SA until the final registration is obtained.
The Customer is informed that during the period of the provisional registration, he will not be able to go abroad.
In accordance with the provisions of article 4.2.2 hereof, the vehicle registration costs are the responsibility of the Customer.
The Customer may terminate the Sale by registered letter with acknowledgment of receipt or in writing on another durable medium if, after having ordered under the same terms, AERO AUTOFACTORIA to make the delivery within a reasonable additional time compared to the time limit. extension of 14 Days, AeroAutofactoria SA has not performed within this period.
The contract is considered terminated on the date of receipt by AeroAutofactoria SA of the letter or writing informing it of this termination, unless AeroAutofactoria SA has complied within this period.
The Customer may request that the Sale be terminated when AeroAutofactoria SA refuses to deliver the Vehicle or when it does not fulfill its obligation to deliver the Vehicle after the expiry of the period provided for in the Contract and this period constitutes a condition for the Customer. essential of the contract. This essential condition results from an express request of the Customer before the conclusion of the Sale.
When the Sale is resolved under the conditions provided for in the previous paragraph, AeroAutofactoria SA will reimburse the Customer for all sums paid, at the latest within seven (7) working days following the date on which the Sale was resolved.
AERO AUTOFACTORIA may request the termination of the Sale
- when the Customer fails to produce the documents and information necessary for the conclusion of the Sale in due form, or
- when the Customer is in default of fulfilling his payment obligations, in particular the payment of the deposit as described in articles 4 and 5 of these GTC. In this case, any sums paid as a deposit can no longer be recovered by the Customer and are definitively acquired by AeroAutofactoria SA.
Vehicles coming from abroad may have a different name. The Customer is notified and agrees to take possession of his Vehicle according to the name determined by the manufacturer in the country of origin.
If the Vehicle ordered by the Customer should be unavailable, AeroAutofactoria SA will be considered to have fulfilled its obligations by supplying the Customer with a Vehicle whose substantial qualities and price are equivalent. The Customer may in this case refuse this Vehicle, within days (8) calendar days, and be reimbursed for its deposits.
The Customer is informed that, for Vehicles presented as being in stock, delivery times and prices are only guaranteed within the limits of available stocks.
In the event that the Customer’s previous vehicle is the subject of a repossession by AeroAutofactoria SA, any repair costs relating to the repossessed vehicle, which would have occurred after the expertise made by AeroAutofactoria, will be deducted from the price of the return. HER.
The vehicle take-back form will be an integral part of the sales file and will be signed by the parties
The gray card of the returned vehicle must be in the name of the Customer, the vehicle must be in working order on the day of delivery (it must be driven by its own means).
To validate the transaction, the Customer must send AeroAutofactoria SA the following information:
- Vehicle maintenance book;
- Duplicate keys
- Vehicle registration card;
- Identity card of its owner any document authorizing the right of transferability of the vehicle signed between a principal and his agent
- Proof of address of the owner of the vehicle less than a month old;
- Certificate of non-pledge (Trade-in of vehicles registered in France)
The Client must sign the cession and non-pledge certificates to validate the transaction.
The Customer undertakes to allow AeroAutofactoria SA to carry out any useful check on the returned vehicle, its complete inspection and a possible road test.
It is expressly agreed that in the event of cancellation or termination of the sales contract, the Customer will be reimbursed the amount of the value of the recovery of the vehicle (s) taken back contractually, the previous vehicle (s) taken back by AeroAutofactoria SA will be definitively acquired by AeroAutofactoria SA.
In the event of sale on credit, AeroAutofactoria SA cannot be held responsible for the decision of the credit institution and / or for the protection and storage of personal data collected during the preparation of the credit file and transmitted for this purpose by AeroAutofactoria SA to the credit institution, except the Customer’s right to ask the credit institution to exercise their rights in terms of protection of personal data as defined in Article 24 of these general conditions.
AeroAutofactoria SA will not carry out any analysis and or verification of the documents and information collected as part of the preparation of the credit file, with the exception of the documents and information validly collected with a view to concluding the Sale.
The Customer undertakes to insure his Vehicle with his insurer from the day of delivery. AeroAutofactoria SA disclaims all liability in the event of a claim occurring after delivery.
The Vehicle becomes the property of the Customer only after full payment of the Price and accessories. This retention of title clause was brought to the attention of the Customer when signing the BDC and therefore before delivery of the Vehicle.
Upon receipt of proof of delivery, AeroAutofactoria SA will send the documents giving full enjoyment of the goods sold to the customer.
In the event that the expected draft is declared unpaid, for whatever reason, at its expiry, AeroAutofactoria SA will be entitled to exercise its retention of title clause and may as such proceed with the removal of the vehicles. object of the unpaid at the expense and expense of the customer.
As such, AeroAutofactoria SA will invoice customers a flat rate of € 250 per vehicle to be repatriated.
Neither Party will be held responsible towards the other nor can be considered as having violated the contract if it is prevented or delayed in the performance of its obligations due to force majeure and more particularly fire, flood. or any other accident having caused the partial or complete destruction of the company, the lack of motive power or raw materials resulting from a general cause, natural disasters.
In the event of force majeure, delivery by AeroAutofactoria SA or taking delivery by the Customer will be postponed to a date when the event of force majeure has ceased without the Customer or AeroAutofactoria SA being able to demand any compensation from the other part.
If the force majeure event exceeds a period of 8 weeks, each party will have the option of terminating the contract by registered letter with acknowledgment of receipt. AeroAutofactoria SA will then reimburse the Customer for the amount of the down payments made by him.
These general conditions of sale are governed by Luxembourg law and in particular by the following main texts:
Art. L. 212-3 of the Consumer Code
“The professional is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery, even though he would not have known them.
The professional is liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or carried out under his responsibility.
Without prejudice to article L. 111-1, the professional is also bound by the public declarations emanating from the producer or his representative, unless he demonstrates that he did not know, and was not reasonably in able to know, the declaration in question ”.
Art. L. 212-4 of the Consumer Code
“To be in conformity with the contract, the good must, as the case may be:
- a) present the characteristics that the parties have defined by mutual agreement;
- b) be fit for the purposes for which goods of the same type are ordinarily used;
- c) correspond to the description given by the trader and possess the qualities that he has presented to the consumer in the form of a sample or model;
- d) be suitable for any special use sought by the consumer, which the latter brought to the attention of the trader when concluding the contract, without the latter expressing any reservations;
- e) have the qualities that a consumer can reasonably expect having regard to the public statements made by the trader in the advertising or labeling.
The consumer cannot contest the conformity by invoking a defect which he knew or could not ignore when concluding the contract. The same applies when the defect affects the materials he himself supplied ”.
Art. L. 212-5 of the Consumer Code
“(1) In the event of a lack of conformity, the consumer has the choice of returning the good and having the price returned or keeping the good and having part of the price returned. There is no grounds for rescinding the sale or reducing the price if the professional replaces or repairs the goods. The resolution of the sale cannot be pronounced if the lack of conformity is minor.
(2) Instead of exercising the option opened in paragraph (1), the consumer is entitled to demand from the trader, unless this is impossible or disproportionate, that the goods be brought into conformity. He can choose between repair or replacement, unless one of these solutions constitutes an excessive burden on the professional compared to the other. A compensation method is considered disproportionate if it imposes costs on the professional which, compared to the other method, are unreasonable taking into account:
– the value that the good would have if there were no lack of conformity,
– the significance of the lack of conformity, and
– the question of whether the other mode of compensation can be implemented without major inconvenience for the consumer.
Compliance must take place within one month from the day the consumer has opted for compliance. After this period, the consumer can return the good and have the price returned or keep the good and have part of the price returned.
Compliance takes place without any cost or major inconvenience for the consumer, taking into account the nature of the good and the special use sought by the consumer.
The trader is also liable for all damages towards the consumer ”.
Art. L. 212-6 of the Consumer Code
“To implement the professional’s legal guarantee, the consumer must, by any means, report the lack of conformity to him within two years from the delivery of the goods. No prescription can be acquired before the expiry of this period.
The consumer is forfeited of his warranty action at the expiration of a period of two years from the denunciation provided for in the preceding paragraph, except in the event that he would have been prevented from asserting it as a result of fraud. from the professional.
The forfeiture period is still interrupted by all negotiations between the professional and the consumer. The forfeiture period is further interrupted by an interim summons as well as by any judicial instruction relating to the default.
A new period of one year begins when the professional has notified the consumer, by registered letter, that he is interrupting talks or that the consumer is informed of the closure of the instruction.
After the expiration of the two-year period, the consumer can no longer claim the defect in the good, even by way of exception. The consumer may however, if he has not paid the price and provided he has regularly denounced the default, oppose, as an exception against the demand for payment, a demand for a reduction in price or for damages.
Unless proven otherwise, any lack of conformity which appears within six months from the delivery of the goods are presumed to exist at the time of delivery.
For second-hand goods, the professional and the consumer may agree, through an individually negotiated written contractual clause, a warranty period shorter than the legal warranty of two years without this period being less than one year. In the automobile sector, such a reduction is only valid if the first entry into service took place more than one year ago ”.
Art. L. 212-7 of the Consumer Code
“Agreements concluded before the consumer has formulated his complaint, which exclude or limit directly or indirectly the provisions of this section are prohibited and deemed null and unwritten. However, an agreement by which the consumer declares to have been aware of the lack of conformity at the time of the conclusion of the contract, specifying the nature of these, is valid ”.
Art. L. 212-8 of the Consumer Code
“The foregoing provisions do not deprive the consumer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extra-contractual nature which is recognized by him by the law “
Art. L. 212-9 of the Consumer Code
“The rules relating to the guarantee against hidden defects in sales contracts between professional and consumer are laid down by articles 1641 to 1649 of the Civil Code”.
Art. 1641 of the Civil Code
“The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them ”.
Art. 1648 of the Civil Code
“The buyer is forfeited the right to claim a defect in the thing if he has not reported it to the seller within a short time from the moment he noticed it or should have noticed it.
The buyer is forfeited from his action at the expiration of a period of one year from the denunciation provided for in the preceding paragraph, except in the event that he would have been prevented from asserting it as a result of fraud. of the seller.
The forfeiture period is interrupted by all negotiations between the seller and the buyer. The forfeiture period is further interrupted by an interim summons as well as by any judicial instruction relating to the defect.
A new period of one year begins when the seller has notified the buyer, by registered letter, that he is breaking off negotiations or that the buyer is informed of the closing of the investigation.
After the expiration of the one-year period, the buyer can no longer claim the defect in the item, even by way of exception. The buyer may however, if he has not paid the price and provided he has duly denounced the defect within the short period provided for in the first paragraph, oppose, as an exception against the demand for payment, a request for price reduction or damages ”.
Customer Service is at the Customer’s disposal for any complaint and will do everything in its power to respond to them.
The contact details for AeroAutofactoria SA are: AeroAutofactoria SA, Service Client 1, rue du Commerce, L-3844 Schifflange / Foetz.
The Client and AeroAutofactoria SA undertake to use their best efforts to settle amicably any dispute arising from the formation, interpretation and execution of the contract.
It is recalled that recourse to an amicable procedure is optional, the Client and AeroAutofactoria SA being able in any case to submit their dispute to the competent court in the Grand Duchy of Luxembourg.
The personal information (name, first name, email, telephone, postal code and any other data allowing identification of the Customer) communicated by the Customer is essential for processing his request. The data collected is not marketed.
AeroAutofactoria SA collects the Customer’s personal data in particular in the context of the use of its services, partnerships, offers, coming to our premises during a promotional process, when visiting our sites and web pages as well as for the use of its online services.
Declarative personal data are those that the Customer provides via forms, whether they are dematerialized on websites, in paper format or in response to questions put to you in any medium, including by email or directly on our site. Internet.
AeroAutofactoria SA takes into account the principles of data minimization, data protection by design and data protection by default.
As a result, relevant, adequate and limited information is collected that is necessary for the purposes for which it is processed in the context of the use of our services.
Mandatory declarative personal data is indicated by a “*” sign on the collection medium.
the Customer is free to provide or not all or part of his personal data.
However, such a decision could have the consequence of limiting access to certain services or products offered by AeroAutofactoria SA, or other functionality offered by its websites and mobile applications.
24.1. On what basis are the data collected?
Personal data is processed by AeroAutofactoria SA in the cases permitted by applicable regulations, and in particular under the following conditions:
- when the Customer has given free, specific, informed and unequivocal consent concerning the processing of his personal data (eg: request for information, subscription to information, registration for a marketing event, etc.)
- for compliance with the legal or regulatory obligations of AeroAutofactoria SA (eg: fight against fraud and anti-money laundering);
- when the legitimate interests of AeroAutofactoria SA may be such as to justify processing by it (eg: IT security measures).
Informative notices in accordance with applicable law are provided in each case.
24.2. Why is personal data collected?
The Customer’s personal data are collected for specific, explicit and legitimate purposes. Depending on the case, this personal data may be used for the purpose of:
- participate in satisfaction surveys, analyzes and statistics in order to improve the products and services of AeroAutofactoria SA, as well as the knowledge of our customers and prospects;
- request, obtain or receive information about AeroAutofactoria SA or one of its entities or affiliates, or about the products and services offered by them or their partners;
- subscribe to and receive thematic information (documentation, invitations, activity reports, etc.);
- improve the customer experience;
- AeroAutofactoria SA is also likely to use your personal data for administrative purposes or for any other purpose imposed by the legislation in force.
24.3. Who are the recipients of personal data?
As your personal data is confidential, only persons duly authorized by AeroAutofactoria SA can access your personal data, without prejudice to their possible transmission to the bodies responsible for a control or inspection mission in accordance with the applicable regulations.
All persons having access to your personal data are bound by an obligation of confidentiality. These people include authorized staff (support, administrative staff, IT) within the company and its affiliates. Our service providers may also be required to process personal data strictly necessary for the performance of the services that we entrust to them (assignment, electronic and postal distribution, logistics, etc.).
In the event of use of affiliates or service providers located outside the European Union, AeroAutofactoria SA undertakes to verify that appropriate measures have been put in place to ensure that the personal data of Customers benefit from an adequate level of protection (in particular thanks to standard contractual clauses of the European Commission, internal company rules or the Privacy Shield set up between the European Union and the United States).
24.4. How is the security of your personal data preserved?
AeroAutofactoria SA takes care to protect and secure the Customer’s personal data in order to ensure their confidentiality and to prevent them from being distorted, damaged, destroyed or disclosed to unauthorized third parties.
When disclosure of data to third parties is necessary and authorized, AeroAutofactoria SA ensures that these third parties guarantee the data concerned the same level of protection as that offered to them by AeroAutofactoria SA, and requires contractual guarantees so that, in particular, the data are processed exclusively for the purposes that the Customer has previously accepted, with the required confidentiality and security.
AeroAutofactoria SA implements technical and organizational measures to ensure that personal data is stored securely for the time necessary for the exercise of the purposes pursued in accordance with applicable law. Although AeroAutofactoria SA takes reasonable measures to protect your personal data, no transmission or storage technology is completely foolproof.
In accordance with applicable European regulations, in the event of a proven breach of Personal Data likely to create a high risk for the rights and freedoms of the persons concerned, AeroAutofactoria SA undertakes to communicate this breach to the competent supervisory authority and, when required by said regulation, to the persons concerned (individually or generally, depending on the case).
Without prejudice to the foregoing, it is the Customer’s responsibility to exercise caution to prevent unauthorized access to his personal data.
In addition, the websites of AeroAutofactoria SA may offer links to websites of third parties that may be of interest to You. AeroAutofactoria SA has no control over the content of these third-party sites or the practices of these third parties in terms of the protection of personal data that they may collect. Consequently, AeroAutofactoria SA declines any responsibility concerning the processing by these third parties of your Personal Data, not subject to this Charter. It is the Customer’s responsibility to find out about the personal data protection policies of these third parties.
24.5. How long are personal data kept?
AeroAutofactoria SA keeps the Customer’s personal data for the time necessary to accomplish the purposes pursued, subject to legal archiving possibilities, obligations to store certain data, and / or anonymization.
24.6. What are your rights over your personal data and how can you exercise them?
Subject to the limits provided for by the regulations in force, the Customer has the following rights with regard to his personal data:
- Right to information on the processing of personal data
- Right of access, rectification and erasure (or “right to be forgotten”) of personal data
- Right to limit the processing of personal data
- Right to portability of personal data
- Right to withdraw consent to the processing of personal data
- Right to lodge a complaint with the supervisory authority
- Right to decide the fate of your personal data after your death
Procedures for exercising your rights
For any question relating to the exercise of the Client’s rights as described above and described more precisely in our charter relating to the processing of personal data, you can contact AeroAutofactoria SA, by electronic means or by post, by sending a letter accompanied by a copy of any identity document to: firstname.lastname@example.org or
Personal Data Management Service AeroAutofactoria SA – 1, rue du Commerce, L-3844 Schifflange / Foetz.
AeroAutofactoria SA undertakes to respond as soon as possible, and in any event, within one month of receipt of the request.
If necessary, this period may be extended by two months, taking into account the complexity and the number of requests addressed to AeroAutofactoria SA. In this case, the Customer will be informed of this extension and the reasons for the postponement.
If the request is made in electronic form, the information will also be provided electronically where possible, unless the Customer expressly requests otherwise.
If AeroAutofactoria SA does not respond to the request, it will inform the Client of the reasons for its inaction and the Client has the possibility to lodge a complaint with a supervisory authority.