Terms

TERMS AND CONDITIONS

 

Effective Date: 14 October 2016

 

1.Introduction

1.1 This website is owned and operated by AviationMart LLC. Our company information is at the end of this document.

 

1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.

 

1.3 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Sellers.  In the event of any conflict, the Addendum takes priority.

 

2.0 Definitions

2.1Capitalised terms have the following meanings in these terms and conditions:

  1. “Buyer Payment” means any payment we receive from a Buyers.
  2. “Chargeback” means any Buyer Payment that is for any reason cancelled, refunded, reversed, charged back, withdrawn, disputed or otherwise called into question together with any fees, penalties or other charges that are or may be payable in connection therewith.
  3. “Content” - all information of whatever kind published, stored or sent on or in connection with our Service including Listings.
  4. “Buyer” – a User who uses our Service with view to buying goods or services from Sellers
  5. “Listing” – any listing of goods or services on our Service.
  6. “Sales Contract” – a contract for the supply of spare parts, repair services or other goods or services.
  7. “our Service”– our website, the services we offer by means of our website and any related software and services.
  8.  “Seller” - a User who uses our Service for the purpose of supplying goods or services to Buyers.
  9. “Transaction” any Sales Contract entered into in connection with of any Listing.
  10. “User” - a person who uses our Service (whether or not registered with us) including Buyers and Sellers.

 

3. Changes to the terms and conditions

3.1 We may change these terms and conditions by posting the revised version on our website. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

 

4. Use of our Service - general

4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.

 

4.2 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

 

4.3 We are entitled to reject any application to register for our Service without giving reasons.

 

4.4 You agree that you will not in connection with the Service:

  1. breach any applicable law, regulation or code of conduct;
  2. publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
    1. is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, misleading, abusive or deceptive;
    2. infringes any intellectual property or other rights of others;
    3. involves phishing or scamming or similar; or
    4. we otherwise reasonably consider to be inappropriate;
  3. impersonate any person or entity for the purpose of misleading others;
  4. publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
  5. sell access to the Service;
  6. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
  7. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
  8. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  9. do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
  10. do anything which may negatively affect other Users’ enjoyment of the Service;
  11. gain unauthorised access to any part of the Service or equipment used to provide the Service;
  12. use any automated means to interact with our systems excluding public search engines; or
  13. attempt, encourage or assist any of the above.

 

4.5 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.  If so, you must not attempt to re-publish or re-send the relevant Content.

 

4.6 You must not do anything which damages, or might damage, our reputation.

 

4.7 You must comply with any guidelines or requirements on our Service.

 

4.8 You must promptly comply with any reasonable request or instruction by us in connection with the Service.

 

4.9 We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.

 

4.10 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

 

4.11     We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time.

 

4.12     We don't allow our Users to contact each other to make offers to Buy or Sell parts outside of Aviation Mart. Users can't use information obtained via Aviation Mart to contact each other about Buying or Selling outside of Aviation Mart.

 

 

 

5. Sales Contract and related matters

5.1 Our Service constitutes a neutral platform whereby Sellers can arrange to supply goods and/or services to Buyers. While we facilitate such arrangements, the Sales Contract is between the Seller and the Buyer. Notwithstanding anything to the contrary on our website, we are not a party to the Sales Contract itself. We are not involved in the substance of the relationship between the Seller and the Buyer.

 

5.2 Sellers and Buyers acknowledge that any legal recourse arising from breach of the Sales Contract or otherwise in relation to the Sales Contract is against the other party to the Sales Contract and not against us.

 

5.3 We may in our discretion carry out our own investigation into Buyers or Sellers but we do not guarantee to do so. In any event, we do not verify or recommend Buyers or Sellers or Listings. We do not guarantee that Sellers possess any certification claimed. You must make your own suitable enquiries including the taking of any appropriate professional or other advice. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Listings or in connection with any consequent communications or transactions. You enter into a Sales Contract entirely at your own risk.

 

5.4 Sales Contracts are formed as follows:

  1. Buy Now: When the Buyer click acceptance to the Seller’s terms and conditions.
  2. Auction: See our Auction Rules.
  3. Via “Make Offer”: When either party unconditionally accepts an offer made by the other.
  4. Other: When the Buyer and Seller are legally otherwise committed to the Transaction. 

 

5.5 You promise to us that you will:

  1. comply with your obligations to the other party under the Sales Contract; and
  2. notify us promptly of any complaint which you make about, or receive from, another User and deal promptly and professionally with any complaints against you.

 

5.6 Buyers and Sellers agree to communicate exclusively through the Service in connection with any Listing.

 

5.7 Seller must provide regular progress updates and respond within one (1) working day to all messages from the Buyer, in the My Account page.  Equally the Buyer must respond quickly to questions from the Seller so that the purchased part can be shipped on time.

 

5.8 If the Buyer opts to pay the Seller for goods or services via the Service, the Buyer authorises us and our third party payment provider to use the Buyer’s payment details to take such payment on behalf of the Seller.

 

5.9 We may in our discretion mediate or otherwise assist in resolving disputes between Buyers and Sellers but we do not guarantee to do so.

 

6. Auctions

6.1 If you participate in an auction, whether as a Seller or a Buyer, you agree to be bound by and comply with our Auction Rules.

AUCTION RULES

 

  1. These are the rules which apply when you place or bid for goods in auction on our website. Please read them carefully before you participate in an auction.
  2. Sellers can’t cancel auctions or auction listings once the first bid has been placed. However, where there is a combined “buy now” and auction, the auction automatically terminates if a buy now purchase is made.
  3. Sellers are entitled to set a reserve price if they wish. This price will not be shown on the auction listing.
  4. The starting price or highest existing bid is shown on the auction listing. Buyers can bid over this by whatever increment they wish.  
  5. Bidders can’t cancel a bid once it has been placed unless the seller has since made an important change to the description of the goods. If you win, you are legally required to purchase the goods. So don’t place a bid unless you are sure you wish to buy the goods for the price you are bidding.
  6. Note that, unless stated otherwise, the price shown in auction excludes tax and delivery charges, which must be paid in addition by the winning bidder.
  7. Buyers and sellers must not engage in inappropriate auction practices. For example, sellers must not arrange “shill” or artificial bidding (e.g. arranging for someone else to bid in order to inflate the price).
  8. Once the auction has ended, and assuming that the reserve price has been met, there is a binding contract of sale between the seller and the highest bidder at the highest bid price.  If the reserve price has not been met, then no one has won the auction and there is no contract of sale.
  9. The winning bidder must pay the price plus tax and delivery charges within the timescale specified by the seller in the auction listing. If the winning bidder doesn’t pay by the deadline, or any extended deadline agreed by the seller, then the highest bidder is in breach of contract and it is up to the seller to decide how to proceed next.
  10. We are entitled to cancel or suspend any auction at any time and for any reason and whether with or without notice.

 

7.0 Cancellation / suspension

7.1 We are entitled to cancel or suspend our Service or any part of our Service at any time and for any reason and whether with or without notice.

 

7.2 You are entitled to cancel this agreement at any time by email.

 

7.3 Following cancellation of this agreement: Your right to use our Service is terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.

 

8. Third party services / advertising / websites

8.1 We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services.  You use them at your own risk.   

 

9 Guidance by us

9.1 Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

 

10. Your account

10.1 Your account on our Service is for your personal use only and is non-transferable. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity.

 

11. Functioning of our Service

11.1 We do not guarantee that the Service will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.

 

11.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.  

 

11.3 We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.

 

12. Liability

12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

 

12.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

 

12.3 If you are a Seller or a Buyer, our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the amount of commission (on transactions to which you were a party) paid to us in the 12 months before the event(s) complained of.

 

12.4 In no event (including our own negligence) will we be liable for any:

  • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data
  • (even if we have been advised of the possibility of such losses).

 

12.5 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

 

12.6 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

 

12.7 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

 

13. Intellectual property rights

13.1 All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy.  You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

 

13.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

 

13.3 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content in accordance with these terms and conditions.

 

14. Privacy

14.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy and Cookies Policy which is subject to change from time to time.

 

15. Events outside our control

15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

 

16. Transfer

16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

 

17. English law

17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the English courts.

 

18. General

18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

 

19. Complaints

19.1 If you have any complaints, please contact us via the contact details shown below.

 

Company information

Company name: AviationMart, LLC

Place of incorporation: State of Florida, United States

Registered number: L15000104636

Principal address: 100 Rialto Place, Suite 700, Melbourne, FL 32901, US.

Other contact information: See our website.

 

 

 

Version 1.02

 

 

 

ADDENDUM APPLICABLE ONLY TO SELLERS

 

 

21. Your Listing

21.1 You promise us that the Listing will:

  1. be accurate;
  2. comply with all applicable laws and regulations; and
  3. comply with any requirements stated on our Service including as to which kinds of products can be listed for sale.

 

21.2 You will ensure that you have the goods identified in the Listing in stock and that you will immediately cancel the Listing if the goods become unavailable.

 

21.3 You are responsible for ensuring that the Buyer is legally committed to any terms and conditions which you may wish to apply to any Transaction.

 

21.4 You will only use any contact information supplied by Users in response to Listings strictly in accordance with applicable data protection and other laws.

 

21.5 We do not guarantee that your Listing will generate any particular level of revenues or suitable enquiries.

 

21.6 Your Listing must not include any of your contact details not specifically requested by us and it must not include a link to another website without our specific prior written consent.

 

21.7 You must deliver parts within the delivery times as defined in Buyers PO, or as agreed with the Buyer. 

 

21.8 We reserve the right to place advertisements adjacent to or within your Listing. We retain all revenue from such advertisements.

 

21.9 We reserve the right to irretrievably delete your Listing and all other Content following cancellation of this agreement or if your account on our Service has been inactive for at least 6 months.

 

22. Payment 

22.1 We are entitled to charge you our commission fee, which shall be the percentage specified by us when you signed up for the Service applied to the price payable by the Buyer (excluding tax and delivery fees) in connection with any Transaction (whether or not the Transaction is formed via our Service or offsite). Commission is payable within 30 days of the relevant Transaction irrespective of whether the Transaction has been cancelled or payment has been received from the Buyer.

 

22.2 We may at any time change the amount of our commission. We will give you notice by email at least 14 days before any price change takes effect. If you do not accept the new fee, you should cancel this agreement. Otherwise any commission charged after expiry of 14 days’ notice will be at the new price.

 

22.3 You are responsible for checking that any invoices generated by our Service are suitable for your purposes and for accounting for tax or any other applicable tax. We do not offer tax-related advice.

 

22.4 The following applies to Transactions where the Buyer makes payment in advance via our Service:

 

  1. Subject to this agreement, we shall use reasonable commercial endeavours to pay you the Buyer Payment (less the deductions referred to below) within such payment period as is specified on our Service. 

 

  1. We are entitled to deduct from any fees due to you the amount of our fees as well as any payment service provider fees together with any applicable tax.

 

  1. We are entitled in our discretion to refund to the Buyer on your behalf all or part of the Buyer Payment if the Buyer cancels the Contract or makes a complaint or we otherwise consider it appropriate to make such a refund in our discretion. We are entitled to deduct the amount of such refund from any fees due to you and you are liable to repay to the Buyer any shortfall in the event that the relevant Buyer Payment has already been paid to you.

 

  1. We are entitled to deduct from any fees due to you the amount of any Chargeback which has arisen or which we consider is likely to occur (irrespective of whether the Chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any Chargeback relating to a payment which we have transmitted to you.

 

  1. You are responsible for making up any shortfall arising from charges levied by your bank.

 

  1. We shall pay interest on overdue sums at 2% over the base rate for the time being of HSBC.

 

22.5 The following applies to Transactions where the Buyer does not make payment in advance via our Service:

 

  1. You are responsible for ensuring that our commission plus tax is paid within the time limit mentioned above.

 

  1. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.

 

  1. If any amount due to us is unpaid, without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; and (2) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

 

22.6 You agree to maintain accounts and records in accordance with applicable generally acceptable accounting principles which are sufficient to enable us to verify any payments due to us (“Records”).  We shall have the right at our expense (except as provided below) during normal working hours and upon reasonable notice in writing (including email) to arrange for an independent auditor to examine the Records in order to verify payments due to us. You shall provide reasonable assistance in relation to any such audit and audits will be conducted in a manner that does not unreasonably interfere with your business activities. If any such audit reveals an underpayment of the amounts due, you shall within seven days pay the amount of such underpayment. This clause continues for 12 months following cancellation of this agreement.