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General Terms and Conditions of Sale

Version of October 20, 2017. Previous versions available upon request.

The mandatory legal notices regarding the site^aircraft.kristal.aero are indicated on this page in accordance with the law for confidence in the digital economy (LCEN) of June 2004.

1. Preamble

The purpose of these General Terms and Conditions of Sale is to establish, in compliance with the provisions of Article L. 441-6 of the Commercial Code, the respective obligations of Kristal aeronautique and its Clients within the framework of their contractual relationships related to the sale of products by Kristal aeronautique. Thus, any order submitted to Kristal aeronautique implies the full and unconditional acceptance and application by the Client, who acknowledges having full knowledge of these GTC, which prevail over any other document, and in particular over all the Client's general purchasing conditions. Only specific sales conditions agreed in writing between Kristal aeronautique and the Client may, if applicable, deviate from these GTC. All provisions of these GTC not expressly modified or repealed by these specific sales conditions remain in full force and effect.

2. Creation of a Client Account

Any order placed with Kristal aeronautics requires the creation of a Customer Account. Access to the Customer Account on the site www.kristal.aero is made possible via the email address and the personal and confidential secret password provided during account creation. If an order is placed by a means other than the website and you do not yet have a Customer Account, the teams at Kristal aeronautics will create one for you and provide you with the information to access it. Do not share your Customer Account credentials with third parties. Kristal aeronautics cannot be held responsible for any actions taken via or on your Customer Account by a third party to whom you have disclosed your credentials or who has gained access to your credentials or your Customer Account due to a fault or negligence on your part.

3. Catalog

The information provided in the catalogs, brochures, prices, diagrams, and throughout the entire website is given for informational purposes by Kristal aeronautics, which reserves the right to make any changes at any time and without notice.

4. Request for quotation

To submit a price request to Kristal aeronautics, you can send the references and desired quantities

  • By phone
  • By email
  • Online
    The quotation request gathers the different references selected by the user during their visit to the site www.aircraft.kristal.aero. Consultation of quotation requests is possible via the Client Account by clicking on "view my request." The request is automatically recorded. To send the request, you need to go to the "details of your request" page, add the various information about your company, the desired delivery method, and click on "request prices." You will automatically receive a summary email, and your quotation request will be accessible on the quotation page. Quotation requests that do not yet have prices have the status "pending."
5. Offer

Once the price request is sent, Kristal aeronautics responds by email within 24 hours to propose an offer including prices and deadlines, or to notify the unavailability of the requested products.

Prices are expressed in EUROS excluding tax, departing from our stores in Lunel (France), and are valid until the date specified in the offer, provided that the products have not been sold in the interval between the issuance of the offer and its acceptance by the Client. Each price offer has a validity period, and the expiration date is indicated in the sent quotation.

All price offers are available online regardless of the request method (phone, email, online). You can access these offers on the quotation page, which includes requests with the status "to be accepted."

The seller does not act as a technical advisor to the buyer or the installer. It is the responsibility of the installer to verify that the part reference or the proposed alternate reference, the part configuration, and the certificates provided by the seller are acceptable for the intended use.

6. Order

To validate an online order, you must go to the quotations page, select the quotation, and click on "Accept." In the window that appears, you must check the box "I accept the terms and conditions" and click "accept" a second time. A confirmation email for the order is then sent to the address provided when creating the Customer Account.

For an order by email, the order is validated as soon as the proposed quotation is agreed upon, with or without a purchase order.

In the absence of a confirmation email, please contact us to clarify the situation.


Any order therefore constitutes acceptance of the price and the description of the products available for sale.

The Customer cannot cancel the order, except with the express prior agreement of Kristal Aeronautique.

Any order will only be considered after receipt (acceptance) of payment, unless there is a prior interprofessional agreement.

Kristal Aeronautics reserves the right to cancel or refuse any customer's order for the following reasons: sale in the meantime, incomplete payment, non-payment of a previous order.

7. Payment
Payment Terms

In accordance with Article L. 441-6 of the Commercial Code, as amended by Law No. 2008-776 of August 4, 2008 (LME), Articles 1226 and 1235 and following of the Civil Code, and subject to any applicable interprofessional agreements:

Payment is made in cash, unless there is a prior interprofessional agreement.

Payment means the collection by Kristal Aeronautics of the full amount of the invoice, and not the delivery of a document imposing an obligation to pay.

Payment Methods

Kristal Aeronautics offers you several payment methods: credit card, bank transfer, and check.

  • Credit Card

    • By phone / by email
      You provide us with your bank details by phone or email and we proceed with the payment of your order.
      Simple and quick, your order is validated on the same day.
      Only VISA and MASTERCARD cards are accepted.
      Zone Fees
      Zone € $0
      Outside zone € 2.7%*
      USA 2.7%*
      * % of the total amount due: products, services, and taxes (excluding payment fees).


  • Other payment methods

    • Bank transfer
      The bank transfer is quick and efficient.
      Upon receipt of your payment in our account, we will validate your order.
      Zone € $
      Zone € $0 N/A
      USA €25 $25
      Outside zone € €25 N/A

    • Check
      Your order is validated after the cashing of your check.
      Please indicate the order number and send your payment to "Kristal Aéronautique" at the following address:
      Kristal Aéronautique
      61, rue Frédéric Mistral
      34400 Lunel
      France

    • SEPA INTERCOMPANY Direct Debit
      Kristal Aéronautique can grant payment by SEPA INTERCOMPANY Direct Debit to the Client. This involves the Client signing the mandate and sending it to the bank. In case of bank rejection, all bank fees are the responsibility of the client.
8. Delivery
Pickup
  • Use of Kristal Aeronautics' carrier account
    By default, Kristal Aeronautics handles packaging, insurance, and delivery and uses its carrier account: TNT, DHL, Fedex, France Express. The incoterm used is DDP: Delivered Duty Paid: Kristal Aeronautics does not assume the risks associated with the transportation of parts. Any customs fees are the responsibility of the customer.

  • Use of the customer's carrier account
    At the request and expense of the customer, Kristal Aeronautics can use the customer's carrier account: TNT, Fedex, DHL, France Express, UPS, Chronopost, Geodis. All transportation and insurance costs as well as any customs duties are the responsibility of the customer.
    In the case of using the customer's DHL and UPS account, Kristal Aeronautics only indicates the packaging (dimensions and weight of the package(s)). The customer is responsible for preparing the pickup and issuing the Airway Bill.
    The incoterm used is ExWorks: The customer is responsible for the risks from the "warehouse departure."
Delivery times

Delivery times are understood to start from the handover of the packages to the carrier.

Order preparations and shipments take place from Monday to Friday. The delivery times for products are accepted by the Customer at the time of the price request.

For next-day delivery in mainland France (excluding Corsica) via TNT, the package must not exceed the following dimensions: Length + Width + Height = 220 cm with a maximum dimension of 150 cm and a maximum weight of 30 kg.

For next-day delivery in Europe via FedEx, the package must not exceed the following dimensions: Length + Width + Height = 330 cm with a maximum dimension of 274 cm and the shipment must have a maximum taxable weight of 68 kg.

It must also not contain hazardous materials.

Carriers impose different order registration cut-off times for same-day departures. Here is a summary for your information:


TNT 4:00 PM FRANCE EXPRESS 2:00 PM
FEDEX 2:00 PM CHRONOPOST 12:00 PM
DHL 11:30 AM UPS 12:00 PM

Delivery fees
  • Mainland France
    • Weight Fees
    Less than 15 kg €15 *
    Between 15 and 30 kg €30 *
    More than 30 kg Contact us

    * Per package


  • Europe
    • Weight Fees
    Less than 5 kg €25 *
    Between 5 and 15 kg €40 *
    More than 15 kg Contact us

    * Per package


  • International (Outside Europe)
    • Zone Fees
    USA, Asia rates calculated based on the public FEDEX rate
    Africa rates calculated based on the public DHL rate
    Rest of the world rates calculated based on the public FEDEX, DHL, DIMOTRANS rates

  • Free shipping for orders over €1500 under the following conditions:

    • Order amount equal to or greater than €1500 (excluding taxes, services and cores)
    • Package weight less than 15kg for Metropolitan France
    • Package weight less than 5kg for Europe
    • Transport via TNT
    • Free first delivery in the case of multiple deliveries
9. Claims

The Client acknowledges that delivery times are provided as indicative and that Kristal Aeronautics is committed to making every effort to deliver the products within the desired timeframes. Consequently, the Client recognizes and accepts that in the event of non-compliance with these deadlines, they waive any claims. The Client has 72 hours to notify Kristal Aeronautics of the non-receipt of a package. Upon receipt of the package(s), the Client must ensure their good condition and make the usual reservations with the carrier in accordance with the forms and legal deadlines provided in Article L. 133-3 of the Commercial Code.

In the event of a claim recognized as justified by Kristal Aeronautics, its liability is limited to the replacement of the recognized defective part, without any compensation being claimed for any reason whatsoever. The merchandise subject to replacement must be returned in its entirety, along with its original certification documents.

10. Retention of Title

Kristal Aeronautics retains ownership of the goods sold until full and effective payment of the principal and accessory price. Consequently, failure to pay any of the installments may result in Kristal Aeronautics reclaiming these goods.

In the event of non-performance by the Client of any of its obligations, Kristal Aeronautique reserves the right to terminate the sale by operation of law after a simple formal notice that remains ineffective, sent to the Client by registered letter with acknowledgment of receipt, or to pursue its execution.

The Client must inform Kristal Aeronautique of any threat, action, seizure, requisition, confiscation, or any other measure that may affect its ownership rights over the products.

11. Sale in exchange for a core

In a sale in exchange for a core, the Client pays the price of the sale in exchange for a core and the value of the used part (if after "the core"). Cores are due within 15 days from the invoice date. Any core not returned within this timeframe will result in the non-reimbursement of its value.

The returned core must be accompanied by its "return of material for exchange for a core" form, duly completed. This form is provided by Kristal Aeronautique. The core is then sent for analysis to a FAA/EASA approved workshop, which will decide whether or not to validate the core's compliance. The cores must be of the same P/N and manufacturer as the delivered material. The cores must be in "end of potential" condition, in other words, "Run out". If the cost of refurbishment ("OH" or "SV") exceeds that of a standard general overhaul, the difference will be charged in addition, as will non-systematic parts.

12. Return of Goods

All returns must be accompanied by a Return Merchandise Authorization (RMA) number, which you will obtain by contacting us. Any goods received by Kristal Aeronautics without prior return authorization will be returned to the sender at their expense.

The following information is required to request a return authorization, which must be communicated no later than 5 business days after receipt of the goods:

  • Invoice or order number
  • Product reference and quantity of products to be returned
  • Reason for return

Kristal Aeronautics reserves the right to refuse a return of goods without justification.

Authorized returns must be received within 5 business days following the date the return number is communicated and must be accompanied by this number. Shipping costs, as well as any other costs related to the return of the goods, are the responsibility of the sender.

The amount of credit issued by Kristal Aeronautics will be calculated based on the following cases:

  • non-installed item, returned with its original certificates and packaging: a 20% restocking fee will be deducted along with any potential costs for returning the goods to their original stock.
  • installed item or opened security packaging: in addition to the above fees, the cost of restoration or certification will be added as applicable.
13. Certification of Parts

Kristal Aeronautics guarantees that the parts sold comply with current regulations and have the appropriate certifications. The different conditions of parts offered are:

  • Factory New: The part is new from the factory and comes with a COC MFR or a FAA or EASA release certificate.
  • New: New part accompanied by its original release certificate.
  • New surplus: New part, without certification, and the manufacturing date may be old.
  • Serviceable: Used part that has been repaired, tested, and certified by an approved organization, delivered with a FAA or EASA release certificate.
  • Overhauled: Used part, fully overhauled according to the manufacturer's specifications, delivered with a FAA or EASA release certificate.
  • Repaired: Used part that has been repaired, tested, and certified by an approved organization, delivered with a FAA or EASA release certificate.
  • As Removed: Used part, as removed from the aircraft, without certification or guarantee of functionality.
14. Warranty

In addition to the commercial warranty, Kristal Aeronautics guarantees its products against all manufacturing, material, and design defects. If the customer believes that the delivered products are affected by material defects or hidden defects, they must notify Kristal Aeronautics without delay, specifying the nature and extent of the alleged defects, and providing all necessary documentation. The buyer must provide all necessary access to Kristal Aeronautics to carry out, or have carried out by a third party, any inspections that it deems necessary, and Kristal Aeronautics may request the return of the disputed products from the customer for analysis.

If, after these analyses, checks, or verifications, it turns out that the products are defective, Kristal Aeronautics commits to and limits itself to refunding, replacing, or repairing at its own expense any product recognized as defective. Kristal Aeronautics shall not be liable for any compensation of any kind to the customer for any damage of any kind and shall not be liable for any payment of any costs, penalties, indemnities, or damages resulting from the defects or flaws affecting the products sold by it.

It is expressly stated that damages resulting from the use of products sold by Kristal Aeronautics that do not comply with the user manuals, from the use of products not in accordance with their intended purpose, from external constraints or any other case of force majeure, or from normal wear and tear are excluded from the warranty.

  • For equipment sold in Serviceable (SV) condition, the warranty is 3 months from the date of delivery.
  • For equipment sold in Overhauled (OH) condition, the warranty is 6 months from the date of delivery.
  • For equipment sold in New (NEW) condition, the warranty is 12 months from the date of delivery.
15. BEST OFFER Warranty
Definition

The warranty applies exclusively to quotes marked "BEST OFFER Warranty." Kristal Aeronautics agrees to match its price if you find a better offer from another supplier. The price used for comparison is exclusive of taxes, shipping costs, core value, and payment fees. Kristal Aeronautics reserves the right to accept or reject the request based on the elements below.

Acceptance Conditions

The acceptance of the BEST OFFER warranty is subject to the following conditions:

  • The company presenting a better offer must:
    • Have its headquarters in Europe.
    • Quote your products in EURO from Europe (Ex-works Europe)
  • The compared elements are:
    • Product reference, condition, quantity
    • Type of sale, availability, certificates
    • History and remaining potential (if applicable)
    • Warranty and any other discriminatory sales conditions
  • Deadlines to activate the warranty:
    • For the alignment of a Kristal aeronautics quote, the request must be made before its expiration date.
    • For the refund related to a Kristal aeronautics order, the request must be made within 5 business days following the order date.
  • Validity of the reference quote:
    • For the alignment of a Kristal aeronautics quote, the reference quote and that of Kristal must be valid at the time of the request.
    • For the refund related to an order placed with Kristal aeronautics, the reference quote must be valid at the time of the order OR issued no later than 3 business days after the order.
  • Only one alignment request per order/quote line will be considered.
Implementation terms

Submit your request by email tomeilleureoffre@kristal.aero  .

  • Elements to be provided by the client.
    • The KRISTAL.aero quote indicating the relevant item
    • The reference quotation indicating: Product reference, condition, quantity, type of sale, availability, certificates; History, remaining potential (if applicable); Warranty and any other discriminatory sales condition. The issuing company must be listed on the quotation (contact details).
  • Processing time for requests by KRISTAL aeronautics
    • On the same day for a quotation alignment request made before 4:00 PM
    • Within five (5) business days for a refund request related to an order
  • If your refund request is accepted, you will be refunded in the form of a voucher:
    • Valid for 6 months
    • Applicable for one or more orders
    • Not convertible to cash
16. Discounts, rebates, refunds, allowances

The proposed rates include the discounts and rebates that Kristal aeronautics may grant based on its results or the buyer's assumption of certain services. No discount will be granted in the case of early payment, except under special conditions.

17. Competent court

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Montpellier.

18. Modifications of the GTC

Given the possible changes to the site, Kristal Aeronautics reserves the right to modify these general terms and conditions of sale at any time. Updates to the general terms and conditions of sale will be available online at www.kristal.aero and will apply only to sales made after the modification. It is the customer's responsibility to check for the existence of new clauses in the present General Terms and Conditions of Sale with each new order.

19. Force majeure

In addition to the elements usually recognized by French case law, the Seller's obligations will be automatically suspended in cases of elements beyond its express will preventing the normal execution of the contract, such as:

  • fire
  • storm
  • flood
  • computer failure

The Seller, upon noticing the event, must inform the other party as soon as possible of the impossibility of performing the service. The suspension of obligations cannot in any case be a cause of liability for non-performance of obligations, nor lead to the payment of damages or late penalties. As soon as the cause of the suspension of obligations disappears, the Seller will inform their Client of the resumption of their obligation. The liability of Kristal Aeronautics cannot be enforced if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this regard, force majeure is understood as any external, unpredictable, and irresistible event within the meaning of Article 1148 of the Civil Code.

20. Use of Goods

The goods, technology, and software sold by KRISTAL Aeronautics must be implemented in accordance with the export regulations of the European Union, the United States of America, and the United Kingdom.

Diversion in violation of the export regulations of the European Union, the United States of America, or the United Kingdom is prohibited.

KRISTAL Aeronautics reserves the right to request the final destination of the delivered goods.