TERMS OF USE

Welcome to https://avia.trading/ - the website of Aviaspares. These Terms of Use govern your visit and use of the Platform and form a binding agreement between the Platform and yourself. The Terms of Use must be read in conjunction with the Privacy Policy.  

The following definitions and interpretations apply to the Terms of Use:

By visiting the Platform, you confirm that you are at least eighteen (18) years of age, which is the legal age to form a binding contract, and are not a person or entity barred from entering into contracts under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Use. Please be aware that your current and future use of the Platform is subject to the Terms of Use. We urge you to read this document thoroughly. You may use certain parts of the Platform in accordance with the license we provide you. Should you disagree to be bound by the Terms of Use, please do not use the Platform in any way. 

SITE ACCESS

This Platform provides you with a marketplace to buy and sell any product related to the aviation industry, from spare parts to aircraft. The transaction is eventually concluded between the Buyer and Seller and we merely facilitate the sale and purchase of the Products. 

The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices, and other application program interfaces. 

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable license to:

1. access and use the Platform solely in connection with its indicated use; and
2. access and use any content, information, and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Use is reserved by us.

The license we grant you forbids you to:  

1. download or modify any content, or any portion of it, except with Company’s prior written consent;
2. use any robots, data mining, or similar data gathering and extraction tools; 
3. use any derivative of the Platform or resale the Platform;
4. transfer viruses, trojans o,r other features that may contaminate the Platform; 
5. make any false, fraudulent, or speculative reservation or post or listing, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material or content that may constitute or encourage a criminal or civil offense or otherwise violate any law; 
6. copy, reproduce, duplicate, resell, or transfer the content of the Platform for any commercial purpose without prior written consent from the Platform; 
7. post, list, or upload any product that is restricted or illegal in the UAE, or is against the moral fabric of the UAE. 

You hold the responsibility to be fully aware of the laws that govern your relationship with the Platform. We reserve the right to terminate without notice, suspend or limit any user account that we believe violates or circumvents the license that we grant; cancel any unconfirmed user accounts or accounts unattended for more than three (3) months; and reject your application to register on the Platform. 

REGISTRATION 

You are required to register on the Platform as a Buyer or a Seller. You may use your existing email address for registration. You agree to provide accurate and complete information in the registration form. Impersonation or misappropriation during the registration process shall result in the cancelation of your Client Account at our discretion. We reserve the right, at any time and without reason, advance notice, limitation, or liability, to terminate your Client Account or restrict your access to the Platform, and to decline your registration at our sole discretion. Our commitment to confidentiality is in accordance with our Privacy Policy. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your Client Account.

Restricted Users: The Platform shall not engage with any user that has international sanctions (including but not limited to trade, military, or economic) against them by an international, national, or regulatory authority. We shall not intentionally provide services to any of the United States Office of Foreign Assets Control (OFAC) sanctioned countries, subject always to the laws of the UAE. Kindly refrain from using the Platform if you are sanctioned by OFAC or deal with OFAC-sanctioned persons or entities. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE. The Seller shall be fully liable and responsible for confirming the shipment of Products to any individual or entity on the restricted users’ list as per this paragraph. 

PAYMENTS

You acknowledge and agree that the Company shall charge a commission of 14% on the Purchase price of each Product when the Purchase Price is below three thousand (3000) USD or equivalent in other currency. This commission shall be spread equally between the Buyer and the Seller, with 7% being deducted from the Seller and 7% being deducted from the Buyer. The commission amount shall be calculated based on the final sale price of the Product, excluding any applicable taxes or shipping fees. You provide full consent to this clause and waive all claims against the Company in this respect. 

You acknowledge and agree that the Company shall charge a commission of 5% on the Purchase price of each Product if the Purchase Price is above three thousand (3000) USD or equivalent in other currency. This commission shall be spread equally between the Buyer and the Seller, with 2.5% being deducted from the Seller and 2.5% being deducted from the Buyer. The commission amount shall be calculated based on the final sale price of the Product, excluding any applicable taxes or shipping fees. You provide full consent to this clause and waive all claims against the Company in this respect. 

Specific Terms of Use for Buyers 

You may choose to notify the Seller of your interest in any of the listed Products by navigating through the following features on the Seller’s Client Account: 

1. Buy now
2. Make a bid
3. Add to wishlist 

Buy now:

This feature allows you to buy the desired Product instantly for its Purchase Price. Your use of this feature shall represent your full understanding of and consent to all the terms and conditions of the desired Product, including but not limited to shipping details, as disclosed by and displayed on the Seller’s Client Account. You agree to all the terms and conditions pertaining to shipping, returns, and refunds as specified in these Terms of Use. 

Once you click on the ‘buy now’ feature, the Platform sends a Purchase Request to the Seller, which the Seller may accept or reject based on the availability of the Product and the Seller’s readiness to ship to your designated location/ address. We shall send you a notification via email that your order is being processed. You shall not use the ‘buy-now’ feature if you are uncertain, unsure, or unclear about your purchase. The ‘buy-now’ feature represents your readiness to instantly purchase the Product and is not an invitation to treat or a counter-offer. Your consistent use of the ‘buy-now’ feature that does not result in a purchase, for no reason attributable to the Seller, shall be grounds for termination of your Client Account. You understand that when you use the ‘buy-now’ feature, the Seller may temporarily hold the desired Product on standby and it may not be visible to other users to purchase. 

Once the Seller accepts your purchase request, we shall send you a notification via email to initiate payment for the Product at its Purchase Price. You agree and confirm to make payments to the Company directly, using the payment methods available on the Platform. You shall not make any direct payments to the Seller. Please note that your purchase shall conclude only when we are in receipt of the Purchase Price, in accordance with these Terms of Use. 

Make a bid:

This feature allows you to make an offer to the Seller and quote a price of your choice (“Bid”) to purchase the desired Product. Your use of this feature shall represent your full understanding of and consent to all the terms and conditions of the desired Product, including but not limited to shipping details, as disclosed by and displayed on the Seller’s Client Account. You agree to all the terms and conditions pertaining to shipping, returns, and refunds as specified in these Terms of Use. 

You shall submit your Bid of your own volition and at your own risk, without direct engagement, contact, or advice from the Seller. You agree and confirm that your offer does not represent a confirmation of purchase, nor does it confirm or guarantee instant purchase of the desired Product, and that it may take up to several months to confirm the purchase of the Product. You agree and acknowledge that at any given point in time, several users of the Platform may submit a Bid for the same Product, at the same time or over a period of time, which will not be visible to you, and that it is upon the Seller’s sole discretion to accept one Bid, at any point in time. You shall not, in any manner, coerce or influence (whether directly or indirectly) the Seller’s decision in your favor. Neither the Company (or any of its associates, subsidiaries, affiliates, employees, or staff) nor the Platform are involved in any manner, including offering guidance, advice, support, or opinion, in the Seller’s decision to accept or reject a Bid. 

Once the Seller accepts your Bid, we shall send you a notification via email to initiate payment for the Product at its Purchase Price. You agree and confirm to make payments to the Company directly, using the payment methods available on the Platform. You shall not make any direct payments to the Seller. Please note that your purchase shall conclude only when we receive the Purchase Price, per these Terms of Use. 

Add to wishlist: 

Your Client Account includes a ‘wishlist’, which is a designated space for all the desired Products that you wish to purchase in the future. You may use this feature when you are uncertain, unsure, or unclear about a purchase. There is no limitation to the number of Products that you may add to the wishlist. This feature allows you to instantly review the Product details and information, at any given time. 

You agree and acknowledge that this feature, in no manner, confirms the purchase of a Product, nor does it substitute the ‘buy now’ or ‘make a bid’ features. When you use this feature, the Platform registers your desire to purchase and shall notify you of changes to the Purchase Price of the Product or changes to the availability status of the Product. This feature does not obligate the Seller to engage with you in any manner. You may, of your own volition, at any given time, decide to purchase, make a Bid, or remove a Product from the wishlist. 

Payments: 

You shall make all payments to the nominated bank account of the Company, without any deductions, set-offs, charges, or fees, using one of the payment methods available on the Platform. Payments shall be made in the currency of Arab Emirate Dirham (AED), United States Dollar (USD), or Euro (EUR) unless agreed otherwise by the Buyer and Seller in writing. All bank transfer charges and foreign currency exchange rates shall be borne by the Buyer and the Buyer shall ensure that the Company receives the Purchase Price in cleared funds. The source of funds for all payments made to the Company shall be legitimate. We urge you to read and thoroughly understand the payment terms in the section ‘Specific Terms of Use for Sellers’, prior to making any payments to the Company. 

Delivery, Inspection, and Returns: 

Delivery is deemed to have concluded when the Product reaches the port of arrival. Thus, you are fully responsible for the cost and liability of unloading, customs, taxes, and transportation to your designated location. The title and risk in the Product are transferred to you at the time the Product reaches the port of arrival. 

We grant you a period of fourteen (14) days, unless otherwise specified by the Seller, to inspect and examine the Product from the date of receipt of shipment, for any visible defects and discrepancies in the Product, that have not been prior notified to you by the Seller at the time of purchase. You shall immediately notify us by opening a Case in relation to the purchased Product if you are dissatisfied with it. 

You agree and confirm to resolve the Case with the Seller directly, however, all communication pertaining to the Case, with the exclusion of any legal claims or disputes, shall be conducted through the Platform, via in-Platform notifications. We shall merely act as an intermediary to enable smooth and effective communication between the Buyer and the Seller. Any legal claims and disputes shall be directly settled between the Buyer and the Seller. 

If the Buyer and Seller mutually agree to a solution, without taking any legal recourse, and notify us of their mutual decision and solution, we shall close the Case and transfer the Purchase Price to the Seller. 

In the event that the Buyer and Seller do not reach a mutually agreeable solution, the Buyer shall initiate a return shipment of the Product to the Seller’s designated address, at no additional cost or liability to the Seller, the Company, or the Platform, in the same condition that the Product was first received by the Buyer. The Buyer shall be responsible for the safety and security of the Product in transit being returned to the Seller and any claims or disputes arising out of or in connection to the returned Product shall be directly settled between the Buyer and the Seller. 

In case of a return, the Buyer shall be responsible for the following costs: 

1. cost of packaging;
2. cost of export licenses, permits, and customs at the departure port; 
3. cost of pre-carriage and delivery to the departure port; 
4. cost of loading at the departure port; 
5. cost of pre-shipment inspection; 
6. cost of carriage; 
7. all applicable taxes. 

You agree and confirm that upon return of the Product, the title and risk in the Product shall transfer to the Seller at the time the shipment reaches the port of arrival. Any claims or disputes arising from or in connection to damages to the Product in transit shall be settled directly between the Seller and the Buyer. 

In the event of the Product return, the Buyer shall be entitled to the Purchase Price, excluding the bank transfer fees or any other fees that the Company may have to pay on your behalf.

Purchasing conditions for the Buyer:

The Buyer warrants the following conditions: 

1. You are fully responsible for thoroughly reading and understanding these Terms of Use and your rights and duties as a Buyer;
2. You are fully responsible for understanding and assessing the Product based on the product description, including but not limited to the quality, condition, design, warranty (if any), features, maintenance, and usage;
3. You shall enter into a binding contract with the Seller when the Seller confirms and accepts your purchase request or Bid, as applicable; 
4. You agree and acknowledge that at no point does the legal title and risk of a Product rest with the Platform; 
5. All purchases are subject to availability. 

Specific Terms of Use for Sellers 

Listing of Products: 

You shall list the Products and Product details on your Client Account and shall be fully responsible for managing the Product inventory on a real-time basis. You shall upload the following Product details for each Product and shall regularly update these details: 

1. high-resolution photographs, 
2. concise description of the Product, 
3. condition of the Product at the time of sale, including all known defects, 
4. clear scanned copies of all relevant documents and certifications pertaining to the Product, 
5. shipping countries and approximate shipping time,
6. warranty on the Product. 

You may retract a Product from the inventory list at any time, at your sole discretion, if the Product is not sold. 

However, you shall ensure that the details and photographs of the Product reflect the current condition of the Product, from time to time.  We reserve the right to review all the content that you upload, and we may reject, retract or report any content, at our sole discretion. You are fully liable and responsible for the legality and validity of the Product certificates. 

Details on sale:

You may be notified about a Buyer’s intention to purchase a Product through the following features on your Client Account, and you shall ensure that these features are made available simultaneously, at all times, to all the Products offered for sale – 

1. Buy now
2. Make a bid
3. Add to wishlist 

Buy now: 

This feature pertains to Products that have a designated Purchase Price which is visible to all users of the Platform. The Purchase Price shall be displayed against the Product on your Client Account. 

We shall immediately notify you when a Buyer uses this feature on the Platform. You agree and acknowledge that the use of this feature represents the Buyer’s intention to instantly purchase a Product and thus, time is of the essence here. Immediately upon being notified by us, you shall temporarily make the Product unavailable for sale to any other users. The Buyer’s purchase request shall contain its shipping location. You may accept or reject the purchase request based on the availability of the Product and/or readiness to ship to the Buyer’s designated location. The Purchase Price of the Product shall not be changed. You confirm that the Product shall not be sold or confirmed to another user/ potential Buyer prior to sending us a rejection notification on the Platform. You shall not encourage any direct communication with a Buyer outside of the Platform or emails when permitted. 

Make a Bid: 

You may receive Bids on the same Product from several potential Buyers and it is at your sole discretion to accept or reject a Bid. You may provide one, a few, or all of your Products available for bidding on the Platform. The bidding period will commence on the date that a Product is uploaded to the Client Account or is made available for bidding, for a duration determined by the Seller. You shall not be permitted to extend the bidding period. You shall ensure that the bidding process is conducted in a professional manner, in compliance with all applicable laws and regulations, and as per industry standards applicable at the time. You agree and acknowledge that the bidding process is in no manner similar to, or connected with, or replicates gambling, or other illegal and immoral activities or sports as per the laws of the UAE. You confirm that the Product shall not be sold or confirmed to another user/ potential Buyer prior to sending us a rejection notification on the Platform. You shall not encourage any direct communication with a Buyer outside of the Platform or emails when permitted.

Add to wishlist: 

This feature does not create a specific obligation for you. 

Listing conditions for the Seller: 

The Seller shall: 

1. be fully responsible and liable for the accuracy of the content posted on the Platform; 
2. be fully responsible for the payment of all taxes associated with the sale of a Product in the Seller’s country of residence; 
3. not infringe on any third-party rights by virtue of accepting these Terms of Use.

Purchase Price, Sale and Shipment: 

The sale of a Product is concluded only when the Company is in receipt of the Purchase Price. 

Once a Product was sold, you shall immediately update the Product inventory list and exclude the purchased Product, such that it is no longer visible to other users on the Platform. You shall not be permitted to sell a purchased Product to another Customer. You shall be fully liable for all claims and disputes that arise out of a breach of this obligation. Neither the Company nor the Platform shall entertain or respond to any grievances, claims, or disputes pertaining to this obligation.

You will ship the purchased Product to the Buyer’s nominated location/address, in accordance with the shipping conditions promised to the Buyer at the time of purchase. You shall share with the Buyer all details pertaining to the shipment, including but not limited to, the carrier company, the tracking ID/number, date and time of arrival, port of arrival. The Company will not be responsible or liable for any costs or damages to the Product in transit and all claims and disputes arising out of or in connection with the Product in transit being shipped to the Buyer shall be directly settled between the Buyer and the Seller. The title and risk of the Product shall be transferred from you to the Buyer at the time the shipment reaches the port of arrival. 

Inspection and returns: 

The Buyer may inspect and physically examine the Product for any visible defects or discrepancy in the quality, features, or working condition of the Product, that should have been reasonably foreseeable by you prior to the sale, and have been intentionally or negligently misappropriated, misrepresented, or hidden from the Buyer at the time of the purchase. Inspection and return of a Product shall be subject to the conditions in these Terms of Use. 

In the event that the Buyer is dissatisfied with the Product, the Buyer shall open a Case pertaining to the distressed Product. 

It is in the interest of the Seller to accompany the shipped Product with an official document listing all existing defects in the Product being shipped. The Seller may also include photographs of the defects and of the seal, if any, to document the same. In the event of a Case dispute, the document shall be considered as evidence in favor of the Seller. The Company reserves the right to compare the Product and the document to arrive at a reasonable resolution in the event of a Case dispute. The Buyer and Seller shall endeavor to amicably resolve any grievances pertaining to the distressed Product and arrive at a mutually agreeable solution, to either accept the Product in its existing condition or have the product returned to the Seller. The Seller shall not be permitted to change its designated address. 

You shall not be entitled to the Purchase Price if the Product is returned to you, as per the conditions of these Terms of Use. 

The Buyer shall be responsible for the shipment of the returned Product to the arrival port, in accordance with these Terms of Use. The Seller shall be responsible for the following costs: 

1. cost of unloading at the arrival port; 
2. custom duties applicable at the arrival port;
3. cost of import clearance pre-shipment inspection; 
4. cost of onward carriage and transportation to the Seller’s nominated address. 

Ratings and review: 

Your service, Products, and overall performance may be reviewed by the Buyers through a customer experience rating system, available on the Platform. Positive ratings shall amplify your credibility; however, consistently negative ratings may become grounds for expulsion from the Platform. You shall endeavor to provide high-quality service and quality Products at all times, such that we are not compelled to terminate your user account. 

Online communication

The Platform engages with you via notices, emails in the nature of receipts, advertisements, responses to feedback, details relevant to registration, and your user profile. You consent to all electronic communication between us. The Platform has the discretion to delete any comment, post, or message uploaded by you on the Platform, or delete any email exchanged between the Platform and you; any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, uploaded by you. 

Limitation of liability

You understand all aspects of all details provided on the Platform are not intended to be legal, financial, technical, medical, economic, or professional advice of any kind, each of which is subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully. The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental, or consequential damages, including but not limited to, software glitches, inaccurate pricing due to human or technical errors; damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform. 

Indemnity 

Every registered user shall fully indemnify the Company and the Platform for all actions and omissions, arising out of or in connection to the rights and obligations provided under these Terms of Use, Privacy Policy, and Disclaimer, including all discussions, negotiations, successful and unsuccessful transactions between a Buyer and Seller, and against all third-party liability in relation to these Terms of Use. 

Third-party sites

The Platform may include advertisements or banners or options with external links to Third-party Sites. Once you click or access these Third-party Sites, you will leave the Platform. We do not investigate, review, endorse, represent, or control the content of any Third-party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third-party Sites. You will access and use these Third-party Sites at your sole risk and liability. You also agree not to link any other site or Third-party Sites to the Platform without our express prior written consent and approval. 

The Third-party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers, and audience segment providers. These third-party sites may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to your advertisements that are tailored to your interests. We do not have access to, or control over, the information that Third-party Sites may collect. The information practices of these third parties or Third-party Sites are not covered in these Terms of Use or Privacy Policy. 

Submissions on the Platform

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments, or suggestions through our email address [email protected]. 

Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments, or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by you on the Platform does not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor. We do not ascertain the validity of posts or ratings submitted by you. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.

Intellectual property

The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, software, logos, arrangements, and layouts are our sole and exclusive property or are licensed to us and all rights are reserved and are protected by international copyright laws. All trademarks and trade names and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorized by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish, or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent. 

Survivability

If a court in the UAE or in any other applicable jurisdiction finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws.

Amendment

We reserve the right to change any content on the Platform including the Terms of Use, Privacy Policy, and Disclaimer without any prior notice. The most recent version of the Terms of Use, Privacy Policy, and Disclaimer will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.

Notices or communication

Any notices or communication under the Terms of Use, Privacy Policy, or Disclaimer may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at [email protected].

Governing law and jurisdiction

By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use, and any dispute over the content of the Platform shall be subject to the exclusive jurisdiction of 3 (three) arbitrators under the rules of the Dubai International Financial Centre-London Court of International Arbitration (DIFC-LCIA) with the seat in Dubai, UAE irrespective of your geographical location, in the English language. 

Termination

We reserve the right to cancel or block access to this Platform in respect of any user at any time without notice. We also reserve the right at any time, and for any reason to terminate this agreement in respect of any user upon written notice by email. You may terminate your agreement with us by sending us written notice and discontinuing your use of the Platform or by only discontinuing your use of the Platform. Termination of the agreement between us in these Terms of Use does not affect either party’s accrued rights or liabilities prior to the date of termination.

Last updated in July 2023