The terms and conditions of warranty practiced by PilotShop.ro are in accordance with the legal provisions: Government ordinance no. 21/1992 on consumer protection, law no. 449/2003 regarding the sale of products and the guarantees associated with them. The warranty period is mentioned in the certificate issued by the manufacturer / importer / distributor and starts to run from the date written in the purchase invoice; also this period is confirmed by the warranty certificate related to the fiscal invoice issued by PilotShop.ro.
All products sold by the PilotShop.ro store come directly from manufacturers or from sources authorized by manufacturers and benefit from a national and international warranty.
For aviation certified products, the Certificate of Compliance or Airworthiness such as the EASA Form-1 Athorised Released Certificate or FAA-8130-Airworthiness Approval Tag is also issued with the warranty certificate.
In the case of warranty certificates issued by the manufacturer / importer, the products benefit from warranty in their service networks, in the centers explicitly mentioned in the certificates; the defective product can be presented directly to the nearest service center provided in the certificate. This service unit will take full responsibility for resolving the warranty;
The conditions for granting warranty, in this case, may vary depending on the manufacturer and are established in their commercial policies, at national or international level.
PilotShop.ro is responsible for the legal warranty of conformity, as a seller according to the legal provisions. If the average duration of use of a product is less than 2 years, the warranty of conformity is reduced to that period. In the case of legal entities (they do not have the quality of Consumer), the warranty period is 12 months for durable products and between 0-12 months for the rest.
Durable products (those complex products, made of parts and subassemblies, designed and constructed for use during the average period of use and on which repairs or maintenance activities may be carried out) defective within the term of the legal warranty of conformity, when they cannot be repaired or when the cumulative duration of non-functioning due to deficiencies in the legal warranty period exceeds 10% of the duration of this period, at the consumer's request, they will be replaced by the seller or he will return the value of the product. The rights conferred on the basis of the commercial warranty are in accordance with the legal provisions. These legal rights are not affected by the commercial warranty offered.
The duration of the warranty period is extended by the time elapsed from the date on which the non-conformity was notified to the seller or the product was handed over to the person designated by him until the date of bringing the product in normal use, respectively the date of written notification for collection. the product or the actual delivery of the product to the consumer.
The operations performed by the service during the warranty period will be mentioned on separate documents; these documents become an integral part of the warranty certificate.
The maximum settlement term is 15 calendar days from the date on which the buyer handed over the product to the seller or to the person designated by him based on a handover document. After bringing the product to conformity, it can be picked up directly from the Service or Showroom or you can request its shipment by courier.
Repairs during the post warranty period can take between 10 - 90 days. The customer must give his agreement in writing, unequivocally, within 48 hours from the communication of the repair cost.
Compliance can be done by:
- troubleshooting / repairing the product;
- partial or complete replacement of the product;
- replacement with products with performances at least similar / equal to those of the product that cannot be repaired or replaced with the same model;
- return the value of the product in case the repair or replacement is not possible;
The warranty conditions do not apply to problems or damage caused by the customer or in circumstances such as, but not limited to, the following:
- the product has been intervened, repaired and / or modified by unauthorized personnel;
- the serial number of the product (S/N - "serial number", IMEI, etc.), components or accessories have been modified, canceled or eliminated;
- warranty seals have been broken or replaced;
- the product has physical defects: blows, cracks, shards, rust or shows traces of use in inappropriate conditions: improper supply voltages, exposure to large variations in temperature and pressure, incorrect handling, incorrect settings and installations, viruses, software rewriting, penetration liquids, metals or other substances inside equipment, etc .;
- inability to use due to forgotten or lost passwords / security measures.
I. COMMERCIAL WARRANTY
In accordance with the provisions of art. 2 pt. a of Law 449/2003 regarding the sale of products and their associated warranties, completed by Ordinance no. 9/2016 for the amendment and completion of Law no. 449/2003 on the sale of products and their associated warranties as well as art.2 point 2 of Ordinance 21/1992 on consumer protection, these specifications and conditions related to warranty apply only to consumers individuals or groups of individuals who buy, acquire, use or consume products outside their professional or commercial activity.
In the case of products sold and delivered by S.C. REGIONAL AIR SUPPORT S.R.L. through the PilotShop.ro store specialized in the sale of aviation products, the commercial warranty is offered through the warranty certificates that are either issued directly by the manufacturer, distributor or by PilotShop.ro.
The commercial warranty is any commitment assumed by the seller, the manufacturer or the distributor towards the Consumer, without requesting additional costs, to repair or replace the purchased product, if it does not meet the conditions set out in the warranty statements or related advertising, in accordance with the provisions of Law 449/2003, completed by Ordinance no. 9/2016.
The commercial warranty may be different for various batches of products depending on the existence or not of promotions.
The granting of the commercial warranty does not exclude the legal warranty of conformity.
This type of optional warranty is mandatory for "durable products", as defined by Government Ordinance 21/1992, on consumer protection, modified - the relatively complex product, consisting of parts and subassemblies, designed and built to be used for the average duration of use and on which repairs or maintenance activities can be performed. According to art. 20 of OG 21/1992, such products must be accompanied by the warranty certificate.
All the characteristics of this warranty (application situations, terms, assumed obligations) - are established by the one who grants it (manufacturer / distributor / or seller), and the warranty becomes obligatory as a contract between the parties.
A. The conditions for granting the commercial warranty
The commercial warranty is granted only with the presentation of the following:
• The customer must present the warranty certificate completed correctly, with the date of purchase, stamped and signed together with the invoice or fiscal receipt (in original or in copy).
• Detailed description of the product defect.
• Contact details: name, surname, telephone, email address, in order to be informed about the repair status.
The commercial warranty arises from the moment of purchasing the product.
The commercial warranty period is specified in the Warranty Certificate attached to the fiscal act.
The product benefits from the Warranty if:
1. The measures highlighted in the User Manual or in the Instructions for Use (assembly, operating environment, mode of use, time of use, handling, maintenance and cleaning) have been strictly followed.
2. The product has been kept in good condition, without mechanical defects caused (hit, scratched, broken, cracked, etc.).
3. The product identification labels (eg Part Number P/N, Serial Number S/N, etc.), the manufacturer's marks and seals show erasures, modifications, detachments or other traces of intervention.
Consumables and accessories are not covered by the warranty (according to the Warranty Certificate), they are purchased for a fee from the seller or directly from the manufacturer's authorized service center (according to the Warranty Certificate).
B. Exclusions - Loss of Warranty
The product does not benefit from the commercial warranty if the fiscal document of acquisition (fiscal receipt / fiscal invoice - in original or copy) and the Warranty Certificate - in original - are not presented.
The loss of the commercial guarantee can also be determined by:
- use for purposes other than those specified by the manufacturer;
- improper operation;
- unauthorized assembly / disassembly;
- storage, handling, placement in inappropriate places (moisture, condensation, dust, fire, solar radiation, etc.);
- the use in the cleaning process of temperatures higher than those specified on the label or of some corrosive or impermissible substances;
- exceeding the use time or the specified weight;
- mechanical defects (deformation, scratches, perforations, rupture, etc.);
- external thermal damage (burning, melting, etc.);
- incorrect installation of batteries or accumulators;
- the penetration of liquids or other foreign bodies inside the product;
- performing unauthorized interventions on the device, regardless of their nature.
- any modification to the product for its improvement, without the written approval of the manufacturer or seller
C. Product replacement
According to the new legislative regulations, the number of interventions, during the warranty period, performed on the product is no longer a reason for replacement.
Please note that each manufacturer of products sold by S.C. REGIONAL AIR SUPPORT S.R.L. through PilotShop.ro, can have its own rules for repair, maintenance or replacement of products, rules that the seller is obliged to comply with and are subject to its own return authorization policy (RMA), these being part of the return process of a product to receive a refund, replacement or repair during the product warranty period.
The way of fulfilling the warranty by PilotShop.ro will be explicitly specified on the Warranty Certificate.
Certain product categories may require the issuance of an official replacement document from an authorized service center of the manufacturer or importer. This document is issued following a technical expertise.
The replacement time will be established by mutual agreement between the seller and the consumer, without exceeding 15 calendar days from the receipt of the defective product by the seller. The replacement of the defective or non-compliant product will be made with an identical product, equivalent or with another product that has at least the same technical characteristics as the purchased product, at the customer's choice (paying the price difference if required). If the defective product cannot be replaced, the value of the product will be paid within a maximum of 15 working days.
To replace the defective product, the following are required:
- The defective product, completed with the original accessories purchased and with all the documents that accompanied it;
- Fiscal receipt or fiscal purchase invoice - in original or copy;
- Original Warranty Certificate.
D. Conditions for packaging the returned products within the insurance of the repair / replacement process under warranty
The products can be brought in person at the PilotShop showroom or can be sent by courier, at the Consumer's cost, in compliance with the following conditions:
• Products are shipped packaged so as to be protected against mechanical damage during transport, which may affect the condition of the product. It is recommended to pack in protective foil, cardboard box and other materials to protect the product as well as possible.
• The package must mention: RMA application number - if applicable, to the attention of the Service Department.
• The warranty certificate must be included in the package, with the correct identification data of the product, accompanied by a copy of the fiscal document.
II LEGAL TECHNICAL WARRANTY
It is granted based on the Warranty Certificate issued according to the terms and conditions of the Commercial Warranty, which must specify the identification elements of the product (Part Number P/N, Serial Number S/N and other / or identification codes), the warranty term, the average duration of use, the ways of ensuring the warranty - maintenance, repair, replacement and the term of their realization, the name and address of the seller or of the specialized service unit. In the case of Warranty Certificates issued by the manufacturer or importer in which the service units are explicitly specified, defective products may be sent or handed over by the customer to the service center indicated in the warranty certificate.
III. LEGAL WARRANTY OF CONFORMITY
A. Legal warranty of conformity.
In accordance with Ordinance no. 9/2016 for the amendment and completion of Law no. 449/2003 on the sale of products and their associated warranties, the legal warranty of conformity is the legal protection of the consumer resulting from the effect of the law in relation to the lack of conformity, representing the legal obligation of the seller to the consumer to bring the product without additional costs to compliance, including refund of the price paid by the consumer, repair or replacement of the product, if it does not meet the conditions set forth in the warranty statements or related advertising.
Its main features are:
1. It is mandatory, and must be granted by the seller of a product to its consumer. The seller means any authorized individual or legal person who, within his activity, sells products under the conditions of a contract concluded with the consumer. The product means any good movable material whose final destination is the consumption or individual or collective use. Consumer means any natural person or group of individuals who buys, acquires, uses or consumes products outside the professional / commercial activity.
2. The warranty period is 2 years except for products whose average duration of use is less than 2 years. In this case, the duration of the warranty is equal to the average duration of use.
3. This warranty is independent of the legal warranty (technical, commercial) and is not subject to technical defects.
4. It applies only to non-conformity, ie if the products are, at the time of delivery to the consumer, in one or more of the following situations:
a). do not correspond to the description made by the manufacturer / seller and do not have the same qualities as the products that the seller presented to the consumer as a sample or model;
b). do not correspond to any specific purpose requested by the consumer, purpose made known to the seller and accepted by him at the conclusion of the sale-purchase contract;
c). do not correspond to the purposes for which products of the same type are normally used;
d). being of the same type, it does not present normal quality and performance parameters, which the consumer can reasonably expect, given the nature of the product and the public statements regarding its concrete characteristics, made by the seller, the manufacturer or his representative, in particular by advertising or by inscribing on the product label.
5. Non-compliance is not considered to exist if at the time of concluding the sale-purchase contract, the consumer knew or could not, reasonably, not know the lack of conformity or if the lack of conformity is caused by the materials provided by the consumer. For example. if the Consumer buys a product with a different part (P/N) than the one necessary for installation on an aircraft or if the product is NOT intended / certified for installation on a certain type of aircraft; or if the purchased product is not recommended / specified by the aircraft manufacturer in the aircraft user manual, it will be considered that there is no lack of conformity, as the responsibility for knowing the lack of conformity falls on the Consumer.
However, a non-compliance is considered to be the one resulting from the incorrect installation of the products if: (i) the installation was made by the seller or under his responsibility, as part of the contract for the sale of products; or (ii) if the installation was made by the consumer incorrectly due to deficiencies in the product installation instructions.
6. The seller's liability for the legal warranty of conformity is engaged if the lack of conformity occurs within 2 years, calculated from the delivery of the product, except for products whose average duration of use is less than 2 years, in which case the seller's liability will be equal to that of the average duration of use. For the used products, the parties may agree on a shorter term, but not less than one year. For the first 6 months, the presumption of non-compliance at the date of delivery applies; after the first 6 months, the consumer must prove that the lack of conformity existed at the time of delivery. The consumer must inform the seller about the lack of conformity within 2 months from its finding. The sanction of non-compliance with this obligation consists in the forfeiture of the consumer's right to be able to request the remedy of the lack of conformity.
7. The way of granting the legal warranty of conformity is to bring the product to conformity, without payment, by repair or replacement, depending on the consumer's option. The consumer can freely choose between repair and replacement, provided that the method chosen for compliance is not disproportionate or impossible. A remedial measure is considered disproportionate if it imposes unreasonable costs on the seller compared to the other remedial measure, according to the criteria in the law, and is considered impossible if the seller does not have an identical product for replacement. Alternatively, the consumer may request either the corresponding reduction of the price of the product or the termination of the sale-purchase contract, with the consequence of returning the product to the seller and the price paid to him by the consumer. The consumer may request one of these two measures (i) if he benefits neither from the repair nor from the replacement of the product; (ii) if the repair or replacement measure has not been completed within a reasonable time; or (iii) if the seller has not taken steps to repair or replace without significant inconvenience to the consumer. In no case, the consumer can request the reduction of the price or the termination of the contract if the lack of conformity is minor.
8. Any repair or replacement of the products will be made within a period of time, established by mutual agreement, in writing, between the seller and the consumer, taking into account the nature of the products and the purpose for which he requested the products. The established time period may not exceed 15 calendar days from the date on which the buyer handed over the product to the seller or to the person designated by him based on a handover document.
9. The time of non-functioning due to the lack of conformity appeared within the warranty term prolongs the term of legal warranty of conformity and that of the commercial warranty and runs from the moment of presenting the product to the seller / service unit until bringing the product in normal use and, respectively, of the written notification in order to pick up the product or to effectively deliver the product to the consumer.
10. Durable products that replace defective products within the warranty period will benefit from a new warranty period that runs from the date of exchange of the product.
11. The warranty term runs from the date of entry of the respective good in the possession of the consumer.
12. The legal warranty of conformity is not excluded by granting the technical or commercial legal warranty.
IV. TERMS AND CONDITIONS REGARDING POST-WARRANTY SERVICES
Clients requesting post-warranty services assume and undertake to comply with the terms and conditions provided for contracting these services, according to art. 1270 Civil Code on the binding force of contracts, as follows:
• the cost of transporting the products, from the customer to the service / showroom unit and from this to the customer, both if the customer accepts the repair estimate or if he refuses it, is borne by the customer;
• from the date on which the customer accepts the repair estimate, he undertakes to pay their equivalent value, to pick up the repaired product on time and to bear the cost of returning the product;
• if the customer is more than 12 days late in picking up / taking over the product after the date on which it was announced that the repaired / unrepaired product can be picked up, the customer will pay a storage fee of 5 lei / day, until the pickup date / effective takeover.
• if the customer is more than 30 days late in picking up / taking over the product (repaired or unrepaired) from the date it was announced that he can pick it up, the product is considered abandoned and automatically becomes the property of PilotShop.ro, or it can be handed over to the recycling companies, depending on the PilotShop.ro decision, without the client having any right to compensation or refund;
• the clients from the legal category of consumers do not have the right to withdraw from the contract after they have given their consent for the repairs, considering that after this moment the services will be executed immediately and in full.