Condizioni di vendita
Selling Conditions
The Conditions of sale shall replace any other term appearing in this document or in a different one, unless otherwise specified in writing by a representative of PAMBIA AEROSPACE S.L. duly authorized. All the descriptions of the Goods appearing in this or other or in any other media of Pambia, are provided by the Manufacturer of the corresponding products, not being Pambia responsible for them.
Prices
Prices offered are in Euros and exclusive of VAT (Value Added Taxes), which shall be indicated apart. Prices are normally set for the term of the offer. The prices in force will be those that prevail when an order is accepted. Nevertheless, Pambia reserves the right to change prices without prior notice, at any time before the order confirmation.
Payment
Payment must be made according to the conditions indicated in the Pambia order acknowledgment sent to customers. Invoices will be sent electronically to the e-mail address provided by the customer in in the purchase process. PayPal payments are accepted.
Orders
The Company reserves the right to cease operations with any company or person. Once accepted, NO order may be cancelled without the prior written agreement of a representative of the Company duly authorized to act on behalf of the Company. Shipping will be made according to agreement between both Companies. Orders for certain Goods may be subject to a minimum order quantity or a minimum order value. The Company will use reasonable efforts to notify these minimums to the Client before accepting the order.
Delivery
When the requested Goods are items without stock, the Company will use all reasonable efforts to notify the delivery times of said Goods, when known. The Company reserves the right to organize the delivery of the Goods directly from the manufacturer or supplier of the Goods at the address specified by the Customer. The Company may use any available delivery method. The Company will make reasonable efforts to meet delivery and / or compliance estimates, but under no circumstances will it be responsible for indemnifying the Client for non-delivery, non-compliance, or late delivery or compliance unless intentionally negligent or gross negligence. The delivery and / or compliance period will not be essential in any case.
Inspection and defects
The Client must imperatively inspect the Supplies as soon as reasonably possible after delivery or, in the case of Services, inspect their due compliance, unless intent or gross fault of the Company. The Company will not be responsible for any defect in the Supplies unless the Company receives a written notification from the Client notifying it of its existence indicating in detail the defect within 10 calendar days following said date. Any liability of the Company for non-delivery or noncompliance or for the fact that it is notified that the Goods were defective upon delivery will be limited, except intentionally or grossly at fault, to the replacement of the Goods, or to the reimbursement of the price paid in relation to such Supplies.
Returns
Before returning any merchandise to the Company for any reason, the Customer must contact the Company to obtain the corresponding return authorization (RMA). All merchandise will be returned at the risk of the Client and at his expense and must not be damaged by the Client and must be packed in its original packaging. The Client is responsible for returning the Goods to the Company and for maintaining proof of delivery of said return. The Company operates based on a 14-day return. In order for the return on these bases to be accepted, the Goods must be returned for receipt by the Company within 14 calendar days of their issue. The Customer must return the Goods to the Company at the address notified in writing, clearly indicating the Customer's details and the order number. If any merchandise is returned after 14 calendar days for any reason, the Company may not accept or accept such return at its sole and absolute discretion. If the return is accepted by the Company, 80% return costs will be charged on the value of the material with a minimum of € 500. The Company will also apply this scale when the return occurs due to an error of the Client, even when it is made before 14 days.
Description
All specifications, drawings, illustrations, descriptions, specifications of weights, dimensions, capacity or other details including, without limitation, any statement in regard to compliance with legislation or regulation, as long as they appear, are intended to give a general idea of the Goods, but will not form part of the Contract. If the description of any Good differs from the manufacturer’s description, the latter shall be deemed to be correct. Pambia shall adopt all reasonable measures to ensure the accuracy of descriptions, but will rely on the information, if any, that may have been provided by its suppliers and will not be liable for any mistake or omission of such descriptions, whether in contract or extra contractually, neither based on other legal norm, regulation or by any circumstance, except fraud or serious faulty by his part.
Risks and ownership
Until ownership passes to the Customer, he must take care of the Goods with due diligence, like an experienced depositary. In the event full payment has not been made due date, or the Customer declares himself bankrupt, or a Court of Justice orders it annulled, or the Customer fails to fulfil its contractual obligations, Pambia shall be entitled to the immediate return of all products, without prior notice, and for this purpose, to enter into any facility own or hold by the Customer.
Warranty
Pambia shall not be liable for the warranty of the products purchased by the Customer, since the Company will transfer the warranty provided by the manufacturers.
In the event the Goods purchased through the Website had any manufacturing or operational faulty, the sole responsible shall be the Manufacturer of those items. Pambia shall offer the Customer the mediation services in order to contact the manufacturer, being in this way the Warranty effective according to the terms of such warranty.
The warranty shall not apply to any defect which arises from improper use, any repair or modification made by the Customer without the written consent of Pambia; failure to follow the manufacturer’s instructions in regards to storage, use, installation or maintenance of the Goods; if the Customer has failed to notify Pambia of any defect in accordance with the conditions established in the herein Conditions of Sale, when the fault has been detected.
The warranty shall not be valid in case of external factors to the normal use of the product, such as voltage increases and drops, use of unsuitable or forbidden accessories by the manufacturer, falls, water, fire, mishandling or abusive use by the Customer or third people, nor for materials subjected to normal wear and tear. The Customer shall be responsible for the shipping charges resulted by processing the warranty.
Exclusion of Liability
The herein Conditions of Sale establish all obligations and liabilities from Pambia with regard to the supply of Goods.
There are no binding warranties or other terms for Pambia except those specifically mentioned in the Conditions of Sale.
The liability of Pambia, either in contract or extra contractual, because of breach of a statutory duty, inaccurate statements or otherwise, shall be limited to repairing or replacing Goods, or Pambia, at its own choice, refunding money already paid in regard to the Goods.
In no event, whatever the case it be: breach of the contract, warranty, condition, objective responsibility, law or otherwise, Pambia shall be liable for any special, resulting, incidental or indirect damage.
Intellectual Property Rights
Intellectual and industrial property rights upon works, trademarks, logos or any other element susceptible to be protected, contained in the Website, belongs exclusively to Pambia unless a different ownership is stated. Unauthorized reproduction, distribution, commercialization or modification of such works, trademarks, logos, etc… constitute infringement of the intellectual and industrial property rights of Pambia or of its owner and may cause the execution of legal or extrajudicial actions in the exercise of its rights. Likewise, the information accessible for the Customer through the Website may be protected by intellectual, industrial or other kind of property rights. Pambia shall not be liable whatsoever for any infringement of such rights that may incur as a user.
Use of Personal Data
Related to any Customer or Representative of a Customer, being a living person (in any case), “Personal Data” refers to any data (alone or combined with other information hold by Pambia) allowing Pambia to identify such Customer or its Representative, regardless of the way or moment the data has been provided. Pambia may process Personal Data for all intents and purposes established in the herein Conditions of Sale or arising from the context of the relationship between the Company and the Customer.
Pursuant to the Spanish Organic Law 15/1999 of 13th December, of Protection of Personal Data (LOPD), Pambia informs the Customers that personal data rendered when purchasing Goods, will be included in a data file property of Pambia for the purposes of sorting out a right management of the commercial relationship, as well as inform the Customer about news, products/services either in writing or electronically.
If the Customer or its Representatives do not want their Personal Data are used in the context abovementioned, they shall communicate either in writing to Pambia Aerospace S.L. c/ Valdelaguna 2A, 28925 Alcorcón (Madrid), or by email at info@pambia.com, being able to exercise the rights of access, correction, disagreement and cancellation.
The information received by Pambia through the Website will be handled confidentiality.
Force Majeure
In no event, Pambia shall be liable to the Customer or be deemed to be in breach of these Conditions for delays or for failure to perform any of its obligations under these Conditions, if the delay or failure are due to any cause beyond its reasonable control, including, but not limited to Governmental acts, war, fire, explosion, floods, import and export rules, seizures, labour disputes, strikes, inability or difficulty to obtain supply of goods, services or work, or delays in getting goods supply, services or work, unforeseeable circumstances or force majeure.
Pambia, at its own choice, may delay fulfilment or cancel a contract total or partially due to any of the abovementioned causes.