Conditions d’utilisation

JHEARS AERO - TERMS OF SERVICE

These Terms of Service ("Terms") apply to your use of the Jhears Aero website, online store and any products or services supplied by Jhears Aero.

Jhears Aero ("Jhears Aero", "we", "us" or "our") sells physical products and may also provide services to customers.

For the purposes of these Terms:

  • "Products" means physical goods, equipment, accessories and other tangible items offered for sale by Jhears Aero.

  • "Services" means any service provided by Jhears Aero, including installation, fitting, consultation, inspection, maintenance, repair, customisation or any other service we agree to provide.

  • "Customer", "you" or "your" means the person or business purchasing or using our Products or Services.

  • "Services", when used to describe our website or online platform, means the website, online store and related digital services operated by Jhears Aero.

These Terms apply whether you purchase Products, Services, or both.

Nothing in these Terms excludes or limits any legal right or liability that cannot lawfully be excluded or limited.

1. PRODUCTS

We aim to ensure that all Products are accurately described on our website.

Product photographs, colours, dimensions, specifications and other information are provided for information and identification purposes. Actual appearance may vary depending on your device, display settings, manufacturing tolerances, lighting and other factors.

We may update product specifications, descriptions, packaging or availability from time to time.

Where a Product is supplied with manufacturer's instructions, warnings, specifications or limitations, you must read and follow them before using the Product.

You are responsible for ensuring that a Product is suitable for your intended use where you have selected the Product yourself, except where the law provides otherwise.

Nothing in this section limits your statutory rights concerning Products that are defective, faulty, unsafe, not as described or otherwise fail to comply with applicable law.

2. SERVICES

Where we agree to provide Services, the scope of those Services will be based on the description provided at the time of purchase or otherwise agreed between Jhears Aero and the Customer.

Unless expressly agreed in writing, our Services do not include work, materials, equipment or services outside the agreed scope.

We may rely on information, measurements, specifications, photographs, instructions and other information provided by you.

You are responsible for ensuring that information you provide to us is accurate, complete and up to date.

Where the Services require access to premises, equipment, vehicles, property or other locations or items, you must provide reasonable and safe access at the agreed time.

We may delay, suspend or refuse to carry out Services where:

  • the required access is unavailable;

  • the working environment is unsafe;

  • information supplied by you is materially inaccurate or incomplete;

  • required equipment or materials are unavailable;

  • the condition of the relevant property, equipment or Product makes the work unsafe or impractical;

  • carrying out the Services would require work outside the agreed scope;

  • you have not obtained permissions, approvals or consents that are your responsibility to obtain; or

  • circumstances outside our reasonable control prevent us from carrying out the Services.

Where additional work is required outside the agreed scope, we may provide a separate quotation or charge for the additional work where permitted by law.

We will not be responsible for defects, damage or problems caused by pre-existing conditions, defective equipment supplied by you, inaccurate information supplied by you, unauthorised modifications, or work performed by third parties, except to the extent that applicable law provides otherwise.

3. SERVICE APPOINTMENTS

Where a Service requires an appointment, you are responsible for ensuring that you are available at the agreed time and that we have reasonable access to the location where the Service is to be provided.

If you need to cancel or rearrange an appointment, you should provide as much notice as reasonably possible.

We reserve the right to charge reasonable cancellation, missed-appointment or additional attendance costs where:

  • you cancel at short notice;

  • you are unavailable at the agreed time;

  • we attend but cannot reasonably perform the Service because of circumstances attributable to you; or

  • additional attendance is required because you did not provide the information, access, equipment or preparation reasonably required.

Any such charge will be subject to applicable consumer cancellation rights and other mandatory legal requirements.

4. CUSTOMER RESPONSIBILITIES FOR SERVICES

You agree to:

  • provide accurate information;

  • provide safe and reasonable access where required;

  • disclose relevant defects, hazards or restrictions known to you;

  • obtain permissions or approvals that are your responsibility;

  • follow reasonable instructions provided by Jhears Aero;

  • provide suitable facilities, equipment or materials where expressly agreed to be your responsibility; and

  • use Products and completed Services in accordance with applicable instructions and warnings.

You must not ask us to perform work that would require us to breach applicable law, safety requirements or the rights of another person.

To the fullest extent permitted by law, we will not be responsible for problems arising from your failure to comply with these responsibilities.

5. PRODUCT AND SERVICE COMBINATIONS

Where Products and Services are supplied together, each component will be treated according to its nature.

For example, the sale of a Product together with installation does not automatically mean that the Product and installation constitute a single inseparable supply.

Where separate Products or Services are identifiable, the relevant terms and legal rights applicable to each will apply.

If a Product is supplied as part of a Service, we will make clear where reasonably practicable whether the Product is being sold to you separately or supplied as part of the Service.

6. QUOTATIONS AND ESTIMATES

Any quotation, estimate or price indication we provide is based on the information available to us at the time.

Unless expressly stated otherwise, quotations do not include work, materials, travel, delivery, installation or other items not specifically identified in the quotation.

A quotation may be subject to change where:

  • the scope of work changes;

  • information supplied by the Customer proves inaccurate or incomplete;

  • unforeseen conditions are discovered;

  • additional materials or labour are reasonably required; or

  • circumstances outside our reasonable control affect the cost of providing the Services.

Where required by law, we will obtain your agreement before carrying out chargeable additional work.

7. PAYMENT FOR PRODUCTS

Payment for Products is due at the time specified during checkout or otherwise agreed with you.

We may use third-party payment providers to process transactions.

We reserve the right to refuse or cancel an order where payment cannot be authorised, fraud is suspected, an obvious pricing error has occurred, or we are otherwise legally entitled to do so.

8. PAYMENT FOR SERVICES

Unless otherwise agreed, payment for Services is due in accordance with the quotation, invoice or checkout terms provided to you.

We may require a deposit or advance payment for certain Services.

Where payment is overdue, we may suspend further Services until outstanding amounts are paid, subject to applicable law.

For business customers, we may charge interest or reasonable recovery costs on overdue amounts where permitted by law and agreed under the applicable contract.

9. WARRANTIES AND GUARANTEES

Where a Product or Service is accompanied by a manufacturer's warranty, supplier warranty or Jhears Aero warranty, the relevant warranty terms will apply.

Any warranty we expressly provide is in addition to, and does not replace, statutory rights that cannot lawfully be excluded.

A warranty may not cover damage or failure resulting from misuse, unauthorised modification, improper installation, accidental damage, normal wear and tear or failure to follow instructions, subject always to applicable law.

10. THIRD-PARTY PRODUCTS AND SERVICES

We may supply Products manufactured by third parties or use third-party contractors, suppliers or service providers.

Where a third party provides a separate service directly to you, that service may be subject to the third party's own terms.

Where we remain responsible for the supply of the relevant Product or Service to you, nothing in this section removes rights or liabilities that cannot legally be excluded.

11. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Subject to that restriction, Jhears Aero will not be liable for indirect or consequential losses, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings or business interruption to the extent such losses may lawfully be excluded.

Where you are a business customer and the law permits limitation of liability, Jhears Aero's total aggregate liability arising from a particular Product or Service will not exceed the amount paid by that business customer to Jhears Aero for the relevant Product or Service.

Where you are a consumer, nothing in these Terms limits your statutory rights or any liability that cannot lawfully be limited.

12. CUSTOMER-PROVIDED PRODUCTS, EQUIPMENT AND MATERIALS

Where we provide Services using equipment, Products or materials supplied by you, you are responsible for ensuring that those items are suitable, safe and fit for the intended purpose unless we have expressly agreed otherwise.

We may refuse to use equipment or materials supplied by you where we reasonably believe that doing so would be unsafe, unsuitable or likely to compromise the Service.

We are not responsible for defects in customer-supplied equipment or materials except to the extent that the law provides otherwise.

13. PRE-EXISTING CONDITIONS

Where we provide installation, repair, fitting, maintenance or other physical Services, existing conditions may affect the outcome.

We are not responsible for damage, defects or failures caused by pre-existing conditions that were not caused by our negligence or breach of contract.

Examples may include defective wiring, plumbing, structures, surfaces, components, equipment, previous installations, modifications or repairs carried out by another person.

Where we discover a pre-existing condition that materially affects the Services, we may suspend the work and discuss the available options with you.

14. AFTERCARE AND MAINTENANCE

Unless expressly included in the Services purchased, Jhears Aero does not provide ongoing maintenance, inspection, monitoring or aftercare.

Where a Product requires periodic maintenance, inspection, servicing or replacement of consumable components, you are responsible for following the manufacturer's or supplier's recommendations unless we have separately agreed to provide those services.

Failure to carry out required maintenance may affect Product performance and any applicable warranty, subject to your statutory rights.

15. STATUTORY RIGHTS

Nothing in these Terms affects any statutory rights available to consumers under applicable law.

Where you purchase Products or Services as a consumer, you may have rights concerning satisfactory quality, conformity with description, fitness for purpose, cancellation, repair, replacement, refunds and other remedies.

Those rights cannot be excluded or restricted by these Terms where the law prohibits such exclusion or restriction.

Where you purchase as a business, different contractual terms may apply to the extent permitted by law.

16. BUSINESS CUSTOMERS

If you purchase Products or Services wholly or mainly for business purposes, you confirm that you are acting in the course of your business rather than as a consumer.

Where permitted by law, additional terms concerning payment, delivery, warranties, liability and dispute resolution may apply to business customers.

Nothing in this section is intended to incorrectly classify an individual as a business customer where they are legally a consumer.

17. GENERAL TERMS

All other provisions of these Terms, including provisions concerning intellectual property, prohibited use, privacy, third-party services, website availability, force majeure, termination, governing law and severability, apply to both Products and Services unless expressly stated otherwise.