Terms of Sales

Customer: any Individual Customer, any natural person or legal person who acts for purposes which do not fall within the scope of his/her commercial, industrial, craft or professional activity.

Distance contract: any commercial contract concluded between AeroAutofactoria Group SA and a Customer, within the framework of the organised distance selling system (transmission of all the documentation by electronic means from the order to the payment of the vehicle(s), i.e. the conclusion of the Distance Selling Contract), i.e. without the simultaneous physical presence of AeroAutofactoria Group SA and the Customer.

Vehicle: Used Vehicle offered for sale by AeroAutofactoria Group SA.

Order form: Order Form corresponding to the technical description of the vehicle.

The Vehicle being sold is described on the Order Form sent by AeroAutofactoria Group SA to the Customer. This Vehicle was previously chosen by the Customer via the advertisement sites or directly in one of the branches of AeroAutofactoria Group SA

The photographs illustrating the products on the AeroAutofactoria Group SA website are indicative and are not contractually binding on AeroAutofactoria Group SA.

Any Order Form sent by AeroAutofactoria Group SA to the Customer, returned signed by the Customer to AeroAutofactoria Group SA, implies his/her full and entire acceptance of these General Terms and Conditions.

The Customer is informed and accepts that AeroAutofactoria Group SA negotiates with independent distributors of the make of the Vehicle or any other undertaking in France or abroad for the purchase of the Vehicle designated in the Order Form.

4.1 Price stipulated in the Order Form

The price of the Vehicle as set out on the AeroAutofactoria Group SA Order Form sent to the Customer is inclusive of VAT and includes in detail

• The price of the Vehicle described with its standard equipment,
• The options described on the Order Form,
• The formalities costs amounting to €475, including in particular the management of administrative procedures, the preparation of the vehicle, the provisional registration document (if applicable), the provisional number plates and the provision of the vehicle as well as the engraving of the chassis.

It is expressly agreed between the contracting parties that it is the Customer’s responsibility to pay all taxes and in particular the carbon taxes relating to the Vehicle.

AeroAutofactoria Group SA cannot be held responsible for the removal or modification of the provisions relating to the said taxes, in particular in the context of the Sale of Vehicles ordered in one year and delivered the following year.

4.2 Cost of the final vehicle registration document

The cost of the final vehicle registration document depends on the fiscal power of the Vehicle, the level of CO² emissions of the Vehicle and the Customer’s place of residence.

The Customer must pay this amount in addition to the Price stipulated in Article 4.1.

Upon acceptance of the Order Form, the Customer undertakes to pay to AeroAutofactoria Group SA, in accordance with the terms and conditions stipulated in the said Order Form, a deposit of €1,000, payable by credit card in situ or via the autofactoria.lu web platform, or by bank transfer or by cheque.

Payment of the outstanding balance shall be made exclusively either by certified banker’s draft made out to AeroAutofactoria Group SA when the Vehicle is made available only if it is delivered to the place of sale or to a dealership, or by bank transfer, which must appear on the bank account of AeroAutofactoria Group SA at the latest on the day before the Vehicle is delivered to the Customer.

6.1 Delivery of the Vehicle shall take place at the place of sale or at one of the AeroAutofactoria Group SA dealerships.

The delivery date of the Vehicle is indicated in the Order Form, and only this date is binding on AeroAutofactoria Group SA.

6.2 Home delivery. AeroAutofactoria Group SA may propose to put the Customer in touch with transport partners for the home delivery of the vehicle(s).  The Customer shall manage the organisation, planning, payment and delivery of the said vehicle with the chosen transport company.  AeroAutofactoria Group SA cannot be held responsible for any problem connected with these delivery

operations.  The Customer undertakes to inform AeroAutofactoria Group SA of the date and time of the collection of the vehicle(s) from its premises.

Notwithstanding the foregoing,

(i)         AeroAutofactoria Group SA may have to postpone the delivery of the Vehicle(s) depending on the proper receipt by AeroAutofactoria Group SA’s supplier of all the documents necessary for the completion of the transaction.

AeroAutofactoria Group SA cannot be liable for any delay in delivery owing to the failure to produce such documents. 

(ii)        In consideration of the prejudice caused by the failure to deliver the Vehicle within the time limits set out in the Order Form, AeroAutofactoria Group SA undertakes to make available to the Customer a replacement vehicle for a maximum period of 14 calendar days and undertakes to carry out all administrative procedures in order to transfer the enjoyment of the Vehicle sold to the Customer.

(iii)       AeroAutofactoria Group SA cannot be held responsible for any delays caused by the European Administrations in the process of registering the vehicle(s), insofar as AeroAutofactoria Group SA shall have delivered to the Customer all the legal documents necessary for the completion of this procedure.

The Customer is hereby informed that the Vehicles may be made available by two means, at the Customer’s choice, as specified on the Order Form, and depending on the Vehicles.

• When AeroAutofactoria Group SA undertakes the delivery itself, the Customer may choose one of the delivery methods offered by AeroAutofactoria Group SA.

• When AeroAutofactoria Group SA does not undertake the delivery, the Customer may choose to:

• Collect the Vehicle(s) directly from the AeroAutofactoria Group SA dealerships or mandate a third party to do so (see Art. 6.2 home delivery)

• Mandate AeroAutofactoria Group SA to deliver the Vehicle(s) to the address indicated by the Customer as the delivery address.

When the Vehicle(s) is (are) ready to be made available to the Customer, AeroAutofactoria Group SA shall inform the Customer by contacting him/her directly by telephone and by sending him/her an e-mail. In this respect, the contact details taken into account for the purposes of notifying the availability of the Vehicle(s) will be those given on the Order Form.

In the absence of a response from the Customer within eight (8) calendar days of the above-mentioned call or e-mail, AeroAutofactoria Group SA shall inform the Customer by registered letter with a form for acknowledgement of receipt sent to the Customer’s address as indicated on the Order Form that the Vehicle(s) has (have) been made available.

Where an Order Form covers several Vehicles whose availability dates are not identical, AeroAutofactoria Group SA shall deliver these Vehicles in a single delivery, when they are all available. No partial shipment of Vehicles may be made.

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:

1)         The Sale shall be cancelled and the deposits paid shall be definitively acquired by AeroAutofactoria Group SA by way of compensation for the cancellation of the contract, without prejudice to the right of AeroAutofactoria Group SA, where appropriate, to claim, by judicial means the enforcement of the Sale or the payment of damages;

2)         AeroAutofactoria Group SA may invoice the Customer for storage costs up to a maximum of €45 (inclusive of tax) per day, as from the receipt by the Customer of the aforementioned registered letter with a form for acknowledgement of receipt informing him/her of the availability of the Vehicle, and until the contract is terminated.

The Vehicles offered by AeroAutofactoria Group SA are Used Vehicles, including in particular “0km” Vehicles.

The Customer is informed that a “0 km” Vehicle is a used Vehicle that has received its 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, with the last paragraph of Article L-212-6 dealing more specifically with second-hand goods, as reproduced below.

Thus, for Vehicles which were first put into circulation more than one year before, the legal guarantee of conformity for a second-hand car is fixed at 1 year and covers the following components: Engine, Gearboxes (automatic and manual) and Axles (transmission).

In any event, after the expiry of the two-year period, the Customer may no longer base a claim on a defect in the Vehicle, not even by way of objection.

AeroAutofactoria Group SA is bound by the warranty for latent defects of the thing sold which render it unfit for its intended use or which so diminish such use that the buyer would not have acquired it, or would have paid a lower price for it, if he/she had known of them.

The action resulting from redhibitory defects must be brought by the Customer within a period of 1 year from the discovery of the defect.

All Vehicles are guaranteed by the manufacturer’s warranty, where this is still valid and for which we have been subrogated, i.e.:

(i)         Within a period of two years or more, running from the first registration of the Vehicle (the exact duration of the manufacturer’s warranty is specified on the Order Form), and

(ii)        In any event for all “0 km” Vehicles.

The content, scope and rules for the implementation of the warranty are specified either in the manufacturer’s warranty booklet supplied with the Vehicle(s) delivered by AeroAutofactoria Group SA, or on the manufacturer’s website or in the maintenance log or via the data collected on the Vehicle’s on-board computer or in its network.

The Customer is hereby informed that he/she will also benefit by recall actions during safety operations at the dealer for the make of vehicle nearest to him/her.

In no case may the Customer claim recourse against AeroAutofactoria Group 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 conditional on the performance of repair and maintenance services not covered by this warranty by a repairer in the network approved by the manufacturer.

When the Customer requests, during the course of the manufacturer’s warranty, a repair covered by one of these warranties, any period of immobilisation of at least seven days shall be added to the duration of the warranty remaining to run.

This period shall run from the date of the Customer’s request for service or from the date the Vehicle in question is made available for repair, if this is later than the request for service.

AeroAutofactoria Group SA shall assist the Customer in obtaining his/her final registration. All the documents inherent to the Vehicle and necessary for its definitive registration shall be transmitted directly to the Customer by the services of AeroAutofactoria Group SA.

The Customer is informed that his/her Vehicle may be registered for the first time in his/her name or in the name of an intermediary. The Customer is informed that he/she may, if necessary, drive under a provisional registration assigned by AeroAutofactoria Group SA until the final registration is obtained.

The Customer is informed that during the period of the provisional registration, he/she may not travel abroad.

In accordance with the provisions of Article 4.2.2 hereof, the costs of registering the Vehicle shall be borne by the Customer.

The Customer may terminate the Sale by registered letter with a form for acknowledgement of receipt or in writing on another durable medium if, after having requested AeroAutofactoria Group SA by the same means to deliver the Vehicle within a reasonable additional period of time in relation to the extension period of 14 Days, AeroAutofactoria Group SA has not done so within this period.

The contract shall be deemed to have been terminated on the date of receipt by AeroAutofactoria Group SA of the letter or writing informing it of such termination, unless AeroAutofactoria Group SA has complied within such period.

The Customer may request the termination of the Sale if AeroAutofactoria Group SA refuses to deliver the Vehicle or if it does not fulfil its obligation to deliver the Vehicle on the expiry of the period provided for in the Contract and this period constitutes an essential condition of the Contract for the Customer. This essential condition is the result of an express request by the Customer before the conclusion of the Sale.

When the Sale is cancelled under the conditions set out in the preceding paragraph, AeroAutofactoria Group SA shall reimburse the Customer the totality of the sums paid, not later than within seven (7) working days following the date on which the Sale was cancelled.

AeroAutofactoria Group SA may request the cancellation of the Sale

(i)         Where the Customer fails to produce the documents and information necessary to conclude the Sale in due form, or

(ii)        Where the Customer fails to fulfil his/her payment obligations, in particular the payment of the deposit as described in Articles 4 and 5 of these General Terms and Conditions.  In this case, any sums paid by way of deposit may no longer be recovered by the Customer and are definitively acquired by AeroAutofactoria Group SA.

Vehicles coming from abroad may have a different name. The Customer is advised and agrees to take possession of the Vehicle according to the name determined by the manufacturer in the country of origin.

Should the Vehicle ordered by the Customer be unavailable, AeroAutofactoria Group SA shall be deemed to have fulfilled its obligations if it provides the Customer with a Vehicle of equivalent substantial quality and price. In this case, the Customer may refuse the Vehicle within a period of eight (8) calendar days and receive a refund of the deposit.

The Customer is informed that, for Vehicles shown as being in stock, the delivery times and prices are guaranteed only within the limits of the available stocks.

In the event that the Customer’s previous vehicle is traded in to AeroAutofactoria Group SA, any repair costs relating to the vehicle traded in which occurred after the inspection carried out by AeroAutofactoria Group SA shall be deducted from the trade-in price.

The trade-in form of the vehicle shall form an integral part of the sales file and shall be signed by the parties.

The registration document of the vehicle traded in 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).

In order to validate the transaction, the Customer must send to AeroAutofactoria Group SA the following items:

– Maintenance booklet of the vehicle;

– Duplicate of the keys

– Vehicle registration document;

– Identity card of its owner, any document authorising the right to transfer the vehicle signed between a principal and his agent

– Proof of residence of the owner where the vehicle is less than one month old;

– Certificate of non-pledge (Trade-in of vehicles registered in France)

The Customer must sign the certificates of transfer and non-pledge in order to validate the transaction.

The Customer undertakes to allow AeroAutofactoria Group SA to carry out any useful check on the vehicle trade in, to carry out a complete inspection and a possible test drive.

It is expressly agreed that in case of cancellation or termination of the Sales contract, the Customer shall be reimbursed the amount of the value of the trade-in of the vehicle(s) taken back contractually fixed and the previous vehicle(s) taken back by AeroAutofactoria Group SA shall be definitively acquired by AeroAutofactoria Group SA.

In case of a credit sale, AeroAutofactoria Group SA cannot be held responsible for the decision of the credit institution and/or for the protection and conservation of the personal data collected during the compilation of the credit file and transmitted for this purpose by AeroAutofactoria Group SA to the credit institution, except for the right of the Customer to ask the credit institution to enforce his/her rights as regards protection of personal data as defined in Article 24 of these General Terms and Conditions.

AeroAutofactoria Group SA will not analyse or verify the documents and information collected in connection with the compilation of the credit file, except for the documents and information validly collected in order to conclude the Sale.

The Customer undertakes to insure his/her Vehicle with his/her insurer as from the date of delivery. AeroAutofactoria Group SA declines all liability for any claim occurring after delivery.

The Vehicle shall become the property of the Customer only after full payment of the Price and ancillary amounts. This retention-of-title clause was brought to the Customer’s attention when the Order Form was signed and therefore before the Vehicle was delivered.

Neither Party shall be held liable to the other nor may be deemed to have breached the contract if it is prevented from or delayed in performing its obligations by reason of force majeure and more particularly fire, flood or any other accident causing the partial or complete destruction of the undertaking, lack of motive power or raw materials resulting from a general cause, natural disasters.

In case of force majeure, the delivery by AeroAutofactoria Group SA or the taking of delivery by the Customer shall be postponed to a date when the event of force majeure has ceased, without the Customer or AeroAutofactoria Group SA being able to demand any compensation from the other party.

If the force majeure event exceeds 8 weeks in duration, either Party shall have the right to terminate the contract by registered letter with a form for the acknowledgement of receipt. AeroAutofactoria Group SA shall then reimburse the Customer the amount of the advance payments made by him/her.

These general terms and conditions of sale are governed by Luxembourg law and in particular by the following main texts:

Article L. 212-3 of the Consumer Code

“The trader 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 if he was not aware of them. The trader shall be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the trader is made responsible for the latter by the contract or it is carried out under his responsibility.

Without prejudice to Article L. 111-1, the trader shall also be bound by public statements made by the producer or his representative unless he can show that he did not know, and was not reasonably able to know, of the statement in question.”

Article L. 212-4 of the Consumer Code

“To be in conformity with the contract, the goods must, as the case may be

1. a) have the characteristics that the parties have defined by mutual agreement;
2. b) be fit for the purposes for which goods of the same type are habitually used;

(c) correspond to the description given by the trader and possess the qualities which the trader has presented to the consumer in the form of a sample or model;

(d) be fit for any special purpose which the consumer has made known to the trader at the time of the conclusion of the contract, without the trader having expressed any reservations;

(e) possess the qualities which a consumer may reasonably expect having regard to the public statements made by the trader in advertising or on labelling.

The consumer may not contest the conformity by invoking a defect which he knew or could not have been unaware of at the time of the conclusion of the contract. The same applies where the defect affects materials which he himself supplied.”

Article L. 212-5 of the Consumer Code

“(1) In the event of a lack of conformity, the consumer may choose to return the goods and have the price refunded or to keep the goods and have part of the price refunded. There is no need to rescind the sale or reduce the price if the trader replaces or repairs the goods. The sale may not be rescinded if the lack of conformity is minor.

(2) Instead of exercising the option provided for in paragraph (1), the consumer shall be entitled to require the trader, unless this is impossible or disproportionate, to bring the goods into conformity. He may choose between repair or replacement, unless one of these remedies would be unduly burdensome for the trader compared with the other. A remedy shall be regarded as disproportionate if it imposes costs on the trader which, compared to the other remedy, are unreasonable taking into account:

– the value the goods would have if there was no lack of conformity,

– the significance of the lack of conformity, and

– whether the alternative remedy can be implemented without significant inconvenience to the consumer.

The remedy must be provided within one month from the day on which the consumer opted for the remedy. After this period, the consumer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

Conformity shall be achieved without any cost or major inconvenience to the consumer, taking into account the nature of the goods and the specific purpose for which they were intended by the consumer.

The trader shall, moreover, be liable to the consumer for all damages.”

Article L. 212-6 of the Consumer Code

“In order to invoke the trader’s legal guarantee, the consumer must, by any means, notify the trader of the lack of conformity within two years from the date of delivery of the goods. No limitation period may be acquired before the expiry of this period.

The consumer’s warranty claim shall lapse upon expiry of a period of two years from the notification referred to in the previous paragraph, except where he has been prevented from asserting it as a result of fraud by the trader.

The period of limitation shall be further interrupted by any negotiations between the trader and the consumer. The period of limitation shall be further interrupted by a writ of summons in summary proceedings as well as by any judicial investigation relating to the defect.

A new period of one year shall begin when the trader has notified the consumer by registered letter that he is discontinuing the negotiations or when the consumer has been informed that the investigation has been completed.

After the expiry of the two-year period, the consumer may no longer rely on the defect in the goods, even by way of exception. The consumer may, however, if he has not paid the price and provided he has duly notified the defect, raise a claim for a price reduction or damages by way of an objection to the claim for payment.

In the absence of proof to the contrary, defects in conformity which appear within six months of delivery of the goods shall be presumed to have existed at the time of delivery. For second-hand goods, the trader and the consumer may agree, by means of an individually negotiated written contractual clause, on a shorter guarantee period than the legal guarantee of two years, but this period may not be less than one year. In the case of cars, such a reduction shall be valid only if the car was first put into circulation more than one year before.”

Article L. 212-7 of the Consumer Code

“Agreements concluded before the consumer has made his complaint which directly or indirectly set aside or limit the provisions of this section are prohibited and deemed null and void. However, an agreement by which the consumer declares that he was aware of the lack of conformity at the time of the conclusion of the contract, specifying the nature of the lack of conformity, is valid.”

Article L. 212-8 of the Consumer Code

“The preceding provisions do not deprive the consumer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extra-contractual nature which he is recognised as having by law.”

Article L. 212-9 of the Consumer Code

“The rules relating to the guarantee of latent defects in contracts of sale between a professional and a consumer are set out in Articles 1641 to 1649 of the Civil Code.”

Article 1641 of the Civil Code

“A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

Art. 1648 of the Civil Code

“The buyer is deprived of the right to rely on a defect in the thing if he fails to notify it to the seller within a short period of time from the moment when he noticed it or should have noticed it. The buyer’s action shall be forfeited at the end of a period of one year from the notification provided for in the preceding paragraph, except where he has been prevented from asserting it as a result of fraud by the seller.

The period of forfeiture shall be interrupted by any negotiations between the seller and the buyer. The period of forfeiture shall be further interrupted by a writ of summons in summary proceedings as well as by any judicial investigation of the defect.

A new period of one year shall begin when the seller notifies the buyer by registered letter that he has broken off the negotiations or the buyer is informed of the conclusion of the investigation.

After the expiry of the one-year period, the buyer may no longer base a claim on the defect in the thing, even by way of objection. The buyer may, however, if he has not paid the price and provided that he has duly notified the defect within the short period provided for in the first paragraph, raise a claim for a price reduction or damages by way of objection to the demand for payment.”

The Customer Service Department is at the disposal of the Customer for any complaint and will do its utmost to respond to it.

The contact details of AEROAUTOFACTORIA GROUP SA are: AEROAUTOFACTORIA GROUP SA, Service Client, 1, rue du Commerce, L-3844 Schifflange/Foetz.

The Customer and AEROAUTOFACTORIA GROUP SA undertake to use their best efforts to settle amicably any dispute arising from the formation, interpretation and performance of the contract.

It is recalled that recourse to an amicable procedure is optional, and the Customer and AEROAUTOFACTORIA GROUP SA may in any event submit their dispute to the court having jurisdiction in the Grand Duchy of Luxembourg.

Personal information (surname, forename, e-mail, telephone, post code and any other data enabling the Customer to be identified) communicated by the Customer is essential for the processing of his request. The data collected are not sold.

AEROAUTOFACTORIA GROUP SA comes to collect the Customer’s personal data in particular in connection with the use of its services, partnerships, offers, visits to our premises during a promotional approach, when visiting our web sites and web pages as well as the use of its online services.

Declarative personal data are those that the Customer provides via forms, whether dematerialised on the websites, in paper format or in response to questions asked of you on any medium, including by e-mail or directly on our website.

AEROAUTOFACTORIA GROUP SA takes into account the principles of data minimisation, data protection by design and data protection by default.

Consequently, information is collected which is relevant, appropriate and limited to what is necessary having regard to the purposes for which it is processed when using our services.

Mandatory personal data are indicated by an asterisk (“*”) on the collection medium.

The Customer is free to provide or not to provide all or some of his/her personal data.

However, such a decision could result in limiting access to certain services or products offered by AEROAUTOFACTORIA GROUP SA, or to other functionalities offered by its websites and mobile applications.

24.1. On what basis are the data collected?

Personal data are processed by AeroAutofactoria Group SA in the cases permitted by the applicable regulations, and in particular under the following conditions:

• When the Customer has manifested́ free, specific, informed and unambiguous consent regarding the processing of his/her personal data (e.g.: request for information, subscription to information, registration to a marketing event…)

• To comply with the legal or regulatory obligations of AeroAutofactoria Group SA (e.g. combating fraud and money laundering);

• When the legitimate interests of AeroAutofactoria Group SA may be such as to justify processing by it (e.g.: IT security measures).

Informative details in accordance with the applicable law are provided in each case[1].

24.2. Why are the personal data collected?

The Customer’s personal data are collected for specific, explicit and legitimate purposes. Depending on the case, such personal data may be used for the following purposes:

• Participating in satisfaction surveys, analyses and statistics in order to improve the products and services of AeroAutofactoria Group SA, as well as knowledge of our customers and prospects;

[1] It is hereby specified that for minors under the age of 18, this consent must be given or authorised by the holder of parental responsibility. If the latter discovers that Personal Data of the minor concerned have been entrusted to AEROAUTOFACTORIA GROUP SA without his/her consent, he/she may request AEROAUTOFACTORIA GROUP SA to delete such Personal Data by following the procedure described in point … of this chapter.

• Requesting, obtaining or receiving information about AeroAutofactoria Group SA or any of its entities or affiliates, or about the products and services offered by them or their partners;

• Subscribing to and receiving thematic information (documentation, invitations, activity reports etc.);

• To improve the customer experience;

• AeroAutofactoria Group SA may also use your personal data for administrative purposes or for any other purpose required by applicable law.

24.3. Who are the recipients of the personal data?

Since your personal data is confidential, only persons duly authorised by AeroAutofactoria Group SA may access your personal data, without prejudice to their possible transmission to the bodies in charge of 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 persons include authorised personnel (support, administrative, IT staff) within the company and its affiliates. Our service providers may also be called on to process personal data strictly necessary for the performance of the services we entrust to them (assignments, electronic and postal distribution, logistics, etc.).

In the event of recourse to affiliates or̀ service providers located outside the European Union, AEROAUTOFACTORIA GROUP SA undertakes to verify that appropriate measures have been put in place in order to ensure that Customers’ personal data benefit from an adequate level of protection (in particular thanks to standard contractual clauses of the European Commission, internal company rules or the Data Protection Shield set up between the European Union and the United States).

24.4 How is the security of your personal data maintained?

AEROAUTOFACTORIA GROUP 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 unauthorised third parties.

When the disclosure of data to third parties is necessary and authorised, AeroAutofactoria Group SA ensures that these third parties guarantee the same level of protection to the data concerned as that offered by AeroAutofactoria Group 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 Group SA implements technical and organisational measures to ensure that personal data are kept securely for the time necessary to fulfil the purposes pursued in accordance with the applicable law. Although AeroAutofactoria Group SA takes reasonable steps to protect your personal data, no transmission or storage technology is completely infallible.

In accordance with̀ the applicable European regulations, in the event of a proven infringement of Personal Data which may give rise to a high risk to the rights and freedoms of the persons concerned, AeroAutofactoria Group SA undertakes to communicate such infringement to the competent supervisory authority and, where required by the said regulations, to the persons concerned (individually or in general as the case may be).

Without prejudice to the foregoing, it is the Customer’s responsibility to exercise caution to prevent unauthorised access to their personal data.

In addition, AeroAutofactoria Group SA websites may contain links to third party websites that may be of interest to you. AeroAutofactoria Group SA has no control over the content of these third-party websites or over the practices of these third parties in terms of protection of the personal data they may collect. Consequently, AeroAutofactoria Group SA declines any responsibility concerning the processing by these third parties of your Personal Data, not subject to the present Charter. It is the Customer’s responsibility to inform himself/herself about the personal data protection policies of these third parties.

24.5. How long are personal data kept?

AEROAUTOFACTORIA GROUP SA keeps the Customer’s personal data for the time necessary for the attainment of the purposes pursued, subject to the legal possibilities of archiving, obligations to keep certain data, and/or anonymisation.

24.6. What are your rights to your personal data and how to exercise them?

Your rights

Subject to the limits provided for by the regulations in force, the Customer has the following rights with regard to his/her personal data:

• Right to information on the processing of personal data
• Right of access, rectification and deletion (or “right to oblivion”) in respect 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 what happens to your personal data after your death

How to exercise your rights

If you have any questions regarding the exercise of the Customer’s rights as described above and more precisely in our charter on the processing of personal data www.autofactoria.lu, you may contact̀ AeroAutofactoria Group SA electronically or by post, by sending a letter together with a copy of any identification document to: dataprotection@aafgroup.eu or

Personal Data Management Department AEROAUTOFACTORIA GROUP SA- 1, rue du Commerce, L-3844 Schifflange/Foetz.

AeroAutofactoria Group 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, having regard to the complexity and the number of requests addressed tò AeroAutofactoria Group SA. In this case, the Customer will be informed of this extension and the reasons for the postponement.

If the request is submitted in electronic form, the information will also be provided electronically where possible, unless the Customer expressly requests otherwise.

If AeroAutofactoria Group SA does not comply with the request, it will inform the Customer of the reasons for its inaction and the Customer will have the possibility to lodge a complaint with a supervisory authority.