Terms & Conditions - Sky Tech Store

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they are acceptable to you. If you have any queries, please contact us on 0345 017 5592.

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Drone Site Surveys Ltd a company registered in England and Wales under number 12318909 whose registered office is at Liverpool Science Park, 131 Mount Pleasant, Liverpool, L3 5TF with email address info@dronesitesurveys.co.uk; telephone number 0345 017 5592; (the Supplier or us or we). These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; Contract means the legally-binding agreement between you and us for the supply of the Goods; Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order; Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored; Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order; Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website; Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website; Website means our website dronesitesurveys.co.uk on which the Goods are advertised.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. All Goods which appear on the Website are subject to availability. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

We retain and use all information strictly under the Privacy Policy. We may contact you by email or other electronic communication methods and by pre-paid post and you expressly agree to this.

If you are a consumer

These clauses only apply if you are a consumer (i.e. a person who is buying a Product for their own personal use and not for Commercial Operations).

We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
As a consumer, you have legal rights in relation to a Product that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

If you are a business customer

These clauses only apply if you are a business customer (e.g. a UAV operator business).

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to access a Product.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms or any document expressly referred to in them.

Basis of Sale

The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract. Any quotation is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.No variation of the Contract, whether about description of the Goods, Fees or otherwise can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is set out on the Website at the date of the Order or such other price as we may agree in writing. Prices and charges include VAT at the rate applicable at the time of the Order. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract as being at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
digitally activated content, licence keys or activation codes, if they have been activated or the foil cover has been scratched off; physical codes revealed by you; or if expiration period for any codes have passed.
goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can inform us of your decision to cancel via email at info@dronesitesurveys.co.uk. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use a Durable Medium such as email. We will communicate to you an acknowledgment of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. Diminished value includes, but is not limited to, damaging packaging, activating, flying. And may also incur drone service fees.

Timing of reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at: Drone Site Surveys, Liverpool Science Park, 131 Mount Pleasant, L3 5TF without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. You will incur a restocking fee if the goods have been activated and used in any manner.
For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Supply and use of the products

Drone Site Surveys shall supply and the Customer shall purchase Product(s) in accordance with these Terms. Unless otherwise agreed between the parties in writing Products are intended for a non-military use only. Neither party shall export, directly or indirectly, any technical data acquired from the other party under these Terms (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations, including United States, UK and EU export laws and regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval. The Customer shall ensure that the Products will not be exported, sold, diverted, transferred or otherwise disposed of in violation of any import or export legislation, either in their original form or after being incorporated into other items.

Manufacture, quality and packing

Drone Site Surveys shall manufacture, pack and supply the Product with reasonable skill and care in accordance with generally accepted industry standards and practices.

We recommend you carry out full flight checks and tests before flying a Product. Our website forums include postings on procedures you may choose to follow. If you believe the Product is faulty you must inform us immediately and before flying the Product.
Refund and/or exchange cannot be claimed for any crash or burning caused by non-manufacturing defects, as well as any damage caused by unauthorised modification, entry of foreign body (water, oil, sand, etc.), improper installation or operation.
Any faults must be reported before the Product is flown. If you attempt to fly the Product then your Product will not be classed as faulty and as such no refunds or returns will be accepted.
Magnetic interference can affect the compass on an autopilot and cause failure, particularly if it is placed near power transformers, high voltage cables or similar electrical devices. We expressly disclaim all warranties in relation to damage or failure due to magnetic interference. If you suspect failure due to magnetic interference, please contact us to establish this and resolve the issue.
Subject to clause 57, save for any defects which result from ordinary wear and tear or any handling (e.g. incorrect use, service or storage) of the Product by the Customer or third parties contrary to the Specifications or any other written recommendations regarding its use, Drone Site Surveys warrant that the Products supplied to the Customer by Drone Site Surveys under these Terms shall, for a period of 21 days after Delivery:
materially conform to the Specification;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and materially fit for any purpose held out by Drone Site Surveys; and
comply with all applicable statutory and regulatory requirements in the United Kingdom.
To claim the benefit of the warranty set out in this clauses 55-64, you must inform us of the defect as soon as reasonably possible but in any event not later than 3 days after discovery. When notifying a defect, you should provide us with a documented example of the defect and allow us reasonable access to your premises, facilities and relevant personnel to resolve the relevant issues.
If you are a consumer, this warranty is in addition to your legal rights in relation to a Product that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
When requested, Drone Site Surveys shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition.
We recommend you employ a maintenance routine as taught on operator training courses such as BNUC-S and RPQ-S but we shall have no liability for any maintenance of the Product you conduct.

Acceptance and defective products

Subject to clause 58, the Customer may reject any Products delivered to it that do not materially comply with the Specification, provided that notice of rejection is given to Drone Site Surveys:
in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery; and
in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 10 Business Days.
If the Customer fails to give notice of rejection in accordance with clause 65, it shall be deemed to have accepted such Products.
If the Customer rejects Products under clause 65 then the Customer shall be entitled to:

require Drone Site Surveys to repair or replace the rejected Products; or
require Drone Site Surveys to repay the price of the rejected Products in full.
Once Drone Site Surveys has complied with the Customer’s request, it shall have no further liability to the Customer in respect of the rejected Products’ failure to comply with this clause or the Specification.

Lithium Polymer batteries (LiPo, Li-Poly)

You agree to use any Lithium Polymer batteries supplier in accordance with the manufacturer’s instruction. You must regularly check any Lithium Polymer batteries and store them in conditions consistent with the manufacturer’s instructions. We recommend that Lithium Polymer batteries are replaced after 250 cycles and they must be disposed of in accordance with WEEE (Waste Electrical and Electronic Equipment) regulations. Fire can be caused by overcharging Lithium Polymer batteries (including the use of the wrong charger or charger setting, unbalanced battery load, charger fouled by poor power supply), charging a damaged cell or pack and short circuit (including crash damage). Cells or packs can be damaged by over-discharging (including running too flat and/or too hot, discharging an unbalanced battery load), short circuit and crash damage. Many airlines do not permit carriage of Lithium Polymer batteries. You must check airline policies and rules before attempting to fly with Lithium Polymer batteries on commercial airline flights. Misuse, abuse, incorrect charging and discharging and all other inappropriate use of Lithium Polymer batteries is not covered under the warranty set out in clauses 55-64.

Our liability if you are a business

We only supply a Product for internal use by your business, and you agree not to use a Product for any resale purposes.
Nothing in these Terms limit or exclude our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation.
Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

any loss of profits, sales, future sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill;
any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product;
any indirect or consequential loss; and
any modification to the Product made by the Customer, including but not limited to changes to default settings on autopilot, autopilot software and firmware (including upgrades), radio, ESC, prop changes, battery changes, weight changes that may affect flight or for damage caused by magnetic interference.
Subject to the events listed above in this section, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price you have paid for the Product to which the claim relates.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to a Product. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that a Product is suitable for your purposes.

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
We will provide the following after-sales service: The seller will support the customer with aftersales phone and email support, We also provide an out of warranty service centre.

Successors and our subcontractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days. Please call us on 0345 017 5592 or email info@dronesitesurveys.co.uk