Terms and Conditions of Use
Magallan Aerospace Supply
CLAUSE 1 – PRELIMINARY PROVISIONS AND ACCEPTANCE
1.1. These General Terms and Conditions of Use and Supply (“Terms”) govern access, browsing, registration, quote requests, product purchases, and other interactions carried out through the Magallan Aerospace Supply digital platform (“Platform”).
1.2. By accessing or using the Platform, the User declares to have read, understood and fully accepted these Terms, and undertakes to comply with them faithfully.
1.3. If the User does not agree with any provision herein, they must immediately cease using the Platform.
CLAUSE 2 – DEFINITIONS
For the purposes of these Terms:
I – Company : Magallan Aerospace Supply;
II – User : any individual or legal entity that accesses the Platform;
III – Buyer : User who purchases products;
IV – Regulated Products : components subject to certification or regulatory requirements;
V – Non-Critical Products : auxiliary items that do not replace regulated components;
VI – Regulatory Authorities : ANAC, FAA, EASA or equivalent.
CLAUSE 3 – OBJECT AND NATURE OF THE ACTIVITY
3.1. The Company acts exclusively as a supplier and technical-commercial intermediary of aeronautical, aerospace and related parts, components and supplies.
3.2. The Company does not act as a certified workshop, approval authority, airworthiness certification body, or provider of technical installation services.
3.3. The Buyer and the qualified professionals hired by them are exclusively responsible for the technical application and installation of the products.
CLAUSE 4 – PRODUCT CLASSIFICATION AND REGULATORY RESPONSIBILITY
4.1. Regulated products may require certification, traceability, and regulatory compliance.
4.2. The Buyer declares that it is solely responsible for:
I – Verify technical compatibility;
II – Comply with regulatory requirements;
III – Ensure installation by a qualified professional;
IV – Maintain required documentation.
4.3. Non-critical products do not replace certified components.
CLAUSE 5 – EXPORT CONTROL AND INTERNATIONAL SANCTIONS
5.1. The Buyer declares that it will not use the products in violation of export control laws, embargoes or international sanctions.
5.2. Resale or transfer to individuals or entities restricted by applicable legislation is prohibited.
5.3. The Company may cancel orders that pose a regulatory risk.
CLAUSE 6 – USER OBLIGATIONS
The User agrees to:
I – To provide truthful information;
II – Use the Platform lawfully;
III – Not to compromise the security of the system;
IV – Use products according to technical specifications.
CLAUSE 7 – PAYMENT AND CONTRACT FORMATION
7.1. The purchase and sale agreement is considered concluded after:
I – Payment confirmation;
II – Product availability;
III – Acceptance of the order by the Company.
7.2. The Company may refuse requests in case of inconsistencies, risk of fraud, or regulatory non-compliance.
CLAUSE 8 – DELIVERY, LOGISTICS AND IMPORTATION
8.1. Shipping begins after payment confirmation.
8.2. In international transactions, taxes, customs duties and local charges are the responsibility of the importer.
8.3. The Company is not responsible for delays caused by customs authorities.
CLAUSE 9 – GUARANTEE
9.1. The legal guarantee provided for in the Consumer Protection Code (Law No. 8.078/1990) applies, with a minimum period of 90 days for durable goods.
9.2. Additional warranties will follow the manufacturer's terms and conditions where applicable.
9.3. Not covered:
I - Incorrect installation;
II - Use outside of specifications;
III – Unauthorized modifications;
IV – Natural wear and tear;
V – Damages caused by third parties.
CLAUSE 10 – EXCHANGES AND RETURNS
10.1. The right of withdrawal may be exercised within the legal period of 7 days, in accordance with applicable legislation.
10.2. Technical or custom-made products may have specific rules that will be communicated in advance.
CLAUSE 11 – LIMITATION OF LIABILITY
11.1. To the maximum extent permitted by law, the Company shall not be liable for:
I – Indirect or consequential damages;
II – Lost profits;
III – Operational interruptions;
IV – Acts of third parties.
11.2. The Company's liability shall be limited to the amount paid for the product.
CLAUSE 12 – COMPENSATION
The Buyer agrees to indemnify the Company for losses arising from:
I – Misuse of the product;
II – Regulatory non-compliance;
III – Incorrect information provided.
CLAUSE 13 – ANTI-CORRUPTION
13.1. The parties declare that they will conduct their activities in accordance with Law No. 12.846/2013 and other applicable anti-corruption regulations.
13.2. Any practice of bribery, improper payment, or illicit obtaining of advantage is prohibited.
CLAUSE 14 – COMPLIANCE AND ESG
14.1. The Company operates in accordance with applicable legislation and good governance practices.
14.2. The Buyer declares that they will not use the products for illicit, illegal purposes or purposes incompatible with environmental and regulatory standards.
CLAUSE 15 – CONFIDENTIALITY
15.1. Technical, commercial, or strategic information exchanged between the parties shall be treated as confidential.
15.2. The obligation of confidentiality remains even after the termination of the business relationship.
CLAUSE 16 – CONTRACTUAL ASSIGNMENT
16.1. The Buyer may not assign or transfer rights and obligations without the Company's express authorization.
16.2. The Company may assign credits or rights arising from commercial transactions.
CLAUSE 17 – INTELLECTUAL PROPERTY
All content on the Platform is protected by applicable law.
CLAUSE 18 – FORCE MAJEURE
The Company will not be liable for events beyond its reasonable control.
CLAUSE 19 – APPLICABLE LAW AND JURISDICTION
These Terms are governed by Brazilian law.
The court of the company's headquarters is chosen as the forum for resolving disputes.