1. COMMITMENTS
These General Terms and Conditions of Sale (hereinafter the “GTC”) are intended to define the rules applicable to any sale of Products offered by TARMAC through the Platform and formalized by an Order validated online by the Buyer, or any other contractual arrangement concluded via the Platform between TARMAC and the Buyer. Any deviations from these GTC shall only be valid if expressly agreed in writing by both parties. In the event of conflict between these GTC and the specific terms set out in a TARMAC Order, the latter shall prevail.
TARMAC and the Buyer hereby declare that they have received all necessary and relevant information in connection with the sale. The Buyer further declares that it had the opportunity to raise any comments concerning these GTC.
Certain Products are exclusively available on the Platform in limited quantities and may only be returned or exchanged according to our return policy.
TARMAC reserves the right to limit sales of Products to any person based on territory, applicable law, or competent jurisdiction. All information and pricing concerning the Products are subject to change at any time without notice, at TARMAC’s sole discretion. TARMAC reserves the right to remove any Product from the Platform at any time.
TARMAC also reserves the right to refuse sale of Products in case of violation or suspected violation of laws or regulations by the Buyer, including non‑compliance with Articles 10, 11, 12, 13, and 14 of these GTC. This decision may be made at TARMAC’s sole discretion, without needing to demonstrate actual infringement, and without any entitlement of the Buyer to indemnity or compensation on this basis.
It is hereby recalled that the Products sold by TARMAC qualify as non-recoverable aircraft components within the meaning of Article 145.A.42(a)(iii) of Regulation (EU) No. 1321/2014, and as such, may not under any circumstances be placed on the market in any capacity, nor be used for any aeronautical purpose whatsoever.
2. INCOTERMS-RETENTION OF TITLE
General rule: the ICC Incoterms® 2020 apply. The Buyer’s status determines the applicable Incoterm:
- Business Buyer (B2B): FCA – Azereix (LFDT).
- Consumer Buyer (B2C): DAP – delivery address provided by Buyer.
FCA: TARMAC handles export customs formalities at its own expense; the Buyer assumes import formalities and duties.
DAP: TARMAC arranges transport to the delivery address; import duties and taxes remain the responsibility of the Consumer.
Transfer of risks:
- B2B (FCA): Risk and costs transfer to the Buyer upon delivery of the loaded Products to the first carrier at the FCA point.
- B2C (DAP): Risk transfers when the Buyer (or its representative) takes physical possession of the parcel, in accordance with Article L. 216‑4 of the French Consumer Code.
Carrier provided by Buyer: When the Buyer arranges for its own carrier or collects the Products itself, the vehicle presented must be clean, dry, and suitable for transporting said Products. TARMAC reserves the right to refuse loading, without any compensation, if the means of transport are not compliant.
If collection is done onsite by the Buyer or its carrier, risk transfers to the Buyer at the moment of physical possession on site.
Retention of title: Title to the Products remains vested in TARMAC until full payment of the price and any ancillary amounts.
3. DELIVERY
If TARMAC delivers Products, it will use reasonable efforts to meet the scheduled delivery date, which shall be deemed approximate. Products shall be provided by TARMAC at the price in effect on the scheduled delivery date.
4. PRIX
Prices are quoted in euros (€).
The site displays prices excluding VAT by default. Once a delivery country is selected or specified during account creation, the system automatically recalculates the tax‑inclusive price using the applicable VAT rate for the delivery country.
Any legal change in VAT rates or introduction of a new tax between ordering and invoicing will be automatically reflected in the total price. In addition to the Product price, TARMAC may invoice taxes, duties, and other administrative fees, current or future, related to the sale, transport, storage, delivery, use, possession, or disposal of the Product. VAT exemptions, taxes, or excise duties granted at the Buyer’s request under any administrative regulations shall be the sole responsibility of the Buyer, who will indemnify TARMAC for any liability arising from VAT and/or related taxes or duties.
5. RIGHT OF WITHDRAWAL
In accordance with the French Consumer Code, the Buyer shall have a fourteen (14)-day calendar period to withdraw from the Order, starting from the date of Product receipt.
Complaints and disputes shall be handled directly between the Buyer and TARMAC, without justification and without penalties. Professional Buyers are not entitled to withdrawal rights under the law.
The Buyer may exercise its right of withdrawal via the “Contact” page on the Platform, selecting “Order withdrawal” from the dropdown menu.
In any case, the Buyer must provide:
- Full name ;
- Order number.
Upon receipt of the withdrawal request, TARMAC shall promptly send a written acknowledgment (by email).
Costs and Refunds: Any withdrawal carried out in accordance with this article entitles the Buyer, within a maximum period of fourteen (14) days from the effective receipt of the returned Product to a refund of all amounts paid, including the delivery costs corresponding to the standard shipping method offered at the time of Order.
Return Costs: Pursuant to Article L221-23 of the French Consumer Code, the direct costs of returning the Product are borne exclusively by the Buyer, who is free to choose a traceable carrier and assumes the risks associated with transport.
Statutory Exception – Products Not Returnable by Post: Where the nature or weight of the Product does not allow a normal postal return, TARMAC shall arrange collection at its own expense, with no additional cost to the Buyer.
Refunds will be made (at no cost to the Buyer) via the original payment method unless the Buyer expressly consents otherwise.
Customized Products cannot be returned.
6. PAYMENT
Payment of the total amount, including taxes, is due immediately at checkout, in euros (€), by credit card or other secure methods provided on the Platform. No dispatch will occur before full receipt of payment.
Custom orders by quote: For Products subject to a Buyer-accepted quote, once the request is made and the account is created, a payment link will be generated in the Buyer’s account for payment.
Currency: Unless specifically agreed otherwise in writing, all invoices, receivables, and settlements shall be denominated in euros (€).
7. FORCE MAJEURE
TARMAC shall not be liable for delays or failures in fulfilling its obligations under these GTC if caused by events beyond its reasonable control, including, without limitation: fires, floods, natural disasters, pandemics or epidemics, hostilities, war, riots or civil unrest, acts or omissions by government or competent authorities, breakdowns, blockages, social conflicts, system failures, or any similar or dissimilar events beyond TARMAC’s reasonable control.
8. WARRANTIES
TARMAC represents and warrants that, as of the Order date, the Products shall be free from liens, encumbrances, pledges or charges, and shall conform to the specifications set out in the Order, properly packaged and free from defects or hidden faults, in accordance with Articles L.217‑3 et seq. of the French Consumer Code, without prejudice to any other mandatory legal guarantee.
During the warranty period, upon notification by the Buyer, TARMAC undertakes to repair, replace, or reimburse the defective Product, at its sole discretion and without undue delay.
9. LIMITATION OF GUARANTEES
TARMAC gives no explicit or implied warranty regarding merchantability, fitness for a particular purpose, or suitability of the Products beyond compliance with the Order and these GTC, and any agreed specifications at time of dispatch.
TARMAC makes no representation or warranty, whether express or implied, that the Products sold do not infringe any intellectual property rights, patents, or trademarks.
The Buyer agrees to inform TARMAC promptly of any claims or proceedings alleging intellectual property infringement and authorizes TARMAC, at its own discretion and expense, to manage the defense or settlement of such claims.
TARMAC makes every effort to accurately display Products on the Platform but offers no guarantee that display quality or details are exact.
10. LIABILITY
TARMAC’s maximum liability for any claim, regardless of cause, shall be limited to the sale price of the relevant Product paid by the Buyer. TARMAC shall not be liable for indirect or consequential damages. Buyer claims are only valid if made in writing timely following (non-)delivery. The Buyer shall indemnify TARMAC against any damage or claims for which TARMAC is not responsible.
12. DATA PROTECTION
Each party agrees to comply with applicable national and EU data protection regulations, and in particular to:(i) use personal data only for contract purposes; (ii) implement appropriate security and confidentiality measures; (iii) ensure compliance in case of transfers outside the EU; (iv) delete data at the end of the retention period; and(v) respond to requests from data subjects. Each party also commits to notify the other of any data breach affecting personal data.
12. ETHICS & COMPLIANCE – EXPORT CONTROL
Each party declares and warrants compliance with all applicable laws, regulations, and rules.
Social responsibility: Each party shall comply with applicable laws and regulations concerning fundamental rights, labor, environment, competition law, and business ethics.
Anti‑corruption: Each party warrants adherence to applicable anti‑corruption laws, codes, and sanctions. The Buyer specifically warrants it will not offer or solicit improper advantages related to this contractual relationship.
Each party also declares it is not subject to commercial, economic, or financial sanctions imposed by national, EU, or international authorities.
Export Control: Each party must comply with export control, sanctions, and embargo laws of the U.S., EU, UK, Canada, and any other applicable national legislation, and acknowledges that deviation from such regulations is prohibited.
13. AMENDMENT OF TERMS
These GTC are effective as of the date the Order is validated by the Buyer. Any new version posted on the Platform applies only to Orders placed after its implementation. TARMAC may update the GTC at any time, including for legal, regulatory, or technical reasons. Material changes will be notified to Buyers at least fifteen (15) days before they take effect by a notice banner on the Platform.
Previous versions of the GTC are dated, versioned, and retained by TARMAC for five (5) years from their expiration. Buyers may request a copy at any time.
Buyers with an account may reject updated GTC before they take effect; in that case they must stop using the Platform and may close their account at no cost.
14. APPLICABLE LAW
These GTC shall be governed by and construed in accordance with French law.
15. AMICABLE RESOLUTION
In case of dispute regarding the formation, execution, interpretation, or validity of these GTC, the Buyer and TARMAC shall endeavor in good faith to reach an amicable resolution.
16. JURIDICTION
In the event amicable resolution fails:
- Professional Buyer: exclusive jurisdiction of the courts of Tarbes (France), notwithstanding multiple defendants or guarantees.
- Consumer Buyer: the Consumer may bring proceedings either before the courts of their habitual residence or those of Tarbes. Moreover, TARMAC may only sue a Consumer before the courts of the Consumer’s country of residence.
17. DEFINITIONS
For the purposes of these GTC, capitalized terms shall have the following meanings unless the context otherwise requires:
- “Buyer”: the individual or legal entity purchasing a Product.
- “Professional Buyer”: a Buyer purchasing a Product for professional or economic purposes.
- “Order”: means any order of Products placed by the Buyer, either via the Platform or following a quotation, and accepted by TARMAC electronically or in writing.
- “Products“: include, without limitation: aircraft and engine parts, equipment, accessories, and related products, whether listed on the Platform or not, and sold by TARMAC.
- “Platform”: refers to the Platform accessible at www.tarmaclegacy.com.
- “TARMAC”: refers to TARMAC AEROSAVE, a French simplified joint‑stock company (SAS) with a capital of €500,000, headquartered at l’Aérodrome – 65380 Azereix, France, registered with the Tarbes Trade and Companies Register under number 399 307 560.
