Terms and conditions

Welcome to Droneland.nl

These General Terms and Conditions include both the terms of use and the terms of sale, which govern the use and sale of products by DroneLand to you. When you register or buy a product in the DroneLand webshop, you will be subject to these terms and conditions. Please read them carefully before placing an order.

Definitions

In these General Terms and Conditions, the following terms are defined as set below:

  1. DroneLand: Established in Almere and registered at the Chamber of Commerce, registration number 65677145. DroneLand also trades under the name of Dutch Drone Group B.V.;
  2. Website: the website of DroneLand, which can be visited on www.droneland.nl, and includes all its subdomains;
  3. Customer: natural or legal person who is acting for purposes which are outside that person's trade, business, craft or profession, and who is the opposite party of DroneLand in a (distance) sales agreement;
  4. Sales Agreement: every agreement between DroneLand and the Customer, of which the terms and conditions are an integral part of;
  5. Reflection period: the period in which the Customer can claim the statutory Revocation right;
  6. Revocation rights: the right of a Customer to revoke the distance Sales Agreement within the reflection period;
  7. Terms and Conditions: the present General Terms and Conditions

Article 1 Applicability

  1. These General Terms and Conditions are applicable to all offers and agreements (and/or additions and changes thereto) made by DroneLand, unless explicitly stated otherwise.
  2. In the event of different conditions stated by the Customer, which deviate from, or are not included in the General Terms and Conditions provided by DroneLand in the (distance) Sales Agreement, then these conditions are only able to legally bind DroneLand, when the conditions stated by the Customer are explicitly, and in written form, confirmed and accepted by DroneLand. 
  3. In the event of other specific terms of products and services that, besides the General Terms and Conditions, exist, then these specific terms will also be applicable, but in case of contradictory terms, the Customer will be able to rely on the Terms and Conditions which are the most beneficial to him or her. 

Article 2 Prices and Information

  1. All prices mentioned on the Website and its subdomains, are listed in Euro's, including VAT and, unless stated otherwise on the Website, other governmental imposed levies. 
  2. Payments in other convertible currencies will be made, based on the exchange rate applying on the date of payment, with the exchange rate on the date of the Sales Agreement as a maximum. Conversion costs will be borne by the Customer. 
  3. When there are additional costs for your order, like transportation costs, DroneLand will explicitly state it, before the Customer enters the (distance) Sales Agreement. These additional costs will be shown seperately in the ordering process.
  4. Despite DroneLand best efforts, and carefull selection of products and thereto beloning prices, a small number of the items on the Website might be mispriced. All prices listed on the Website are subject to programming and typing errors.
  5. DroneLand makes all reasonable efforts to accurately display the attributes of our products, including the colour and compositions. The colour the Customer sees, will depend on the Customer's computer system, and therefore DroneLand cannot guarantee that the computer will accurately display such colours

Article 3 Offers and Establishing an Agreement

  1. Any order placed on the Website is regarded as an offer to DroneLand to buy the product(s) in the Customer's order. When an order to purchase a product from DroneLand is placed, DroneLand will send the Customer a message to confirm that the order has been received, which contains a receipt and details about the placed order. This order confirmination is an official acknowledgement that DroneLand has received your order, and therefore not an acceptance of your offer to buy the product(s) from DroneLand. DroneLand will only accept the Customer's order, and thereby conclude the (distance) Sales Agreement, when the product is dispatched to the Customer and the Customer has been notified of the dispatch. 
  2. When the Customer places an order on the Website, he or she consents to receive sales invoices electronically. The electronic sales invoices can be found in pdf format on the Your Account page. 
  3. In case when DroneLand receives wrong information that is provided by the Customer, DroneLand has the right to refrain from completing its obligations stated in the Sales Agreement, until the complete and right information has been provided by the Customer. 
  4. DroneLand has the right, within legal framework, to inform itself whether the Customer will be able to fulfill its full payment obligation, and collect other information, facts and determinants that might effect the draft of the Sales Agreement. In case DroneLand concludes that, based on the information, the Sales Agreement would have not been agreed on, DroneLand is allowed to refuse the Sales Agreement, provided with motivation as to why DroneLand will not agree, or can take additional measures to agree with the Sales Agreement, like a payment in advance. 

Article 4 Account Registration

  1. When the Customer registers a DroneLand account, the Customer is required to provide DroneLand with information about the him or herself, such as email address or other Contact information. The Customers represents and warrants that the information the Customer provides to DroneLand is accurate and that the Customer will keep it accurate and up-to-date at all times
  2. During the registration process, the Customer is asked to provide his or her account with a password. The Customer, and only him or her, is responsible for maintining the confidentiality of the DroneLand account and password, and moreover, the Customers accepts responsibility for all activities that occur under its DroneLand account. 
  3. When the Customer suspects that his or her account details are known by a third party, anyone but the Customer, then the Customer ought to, either change the account details him or herself, or notify DroneLand as soon as possible, in which DroneLand will take appropriate measurements. 

Article 5 Delivery, Delivery Deadlines en Execution of Sales Agreement

  1. When DroneLand has received the order from the Customer, DroneLand will, taking 5.3 into consideration, attempt to deliver the Customer's order as soon as possible. 
  2. DroneLand is entitled to use third parties to fulfill its obligations that are stated in the (distance) Sales Agreement. 
  3. The delivery deadline is, in principle, within 30 days. The means by which the order will be delivered, is up to DroneLand. When DroneLand exceeds the delivery deadline, the Customer has to declare the default of DroneLand. In this case, the Customer is able to set a new delivery date, or the Customer has the option to terminate the (distance) Sales Agreement, without any additional costs. 
  4. DroneLand advises the Customer to inspect the product upon arrival, and report the possible flaws and defects within due time by email. 
  5. The moment the Customer receives the products, the risks, where the products are considered, will change from DroneLand to the Customer. This applies in all cases, unless explicitly specified otherwise. When the Customer collects the products in-store, the risk will pass to Customer at that exact moment. 
  6. The delivery times that are specified and stated on the Websites, are delivery estimates, and just that. These delivery times are not guaranteed delivery times and should not be relied upon as such, therefore, unless stated otherwise and explicitly agreed in an individual sales contract, the delivery times quoted by us, will never be regarded as a deadline. 
  7. When the ordered product has received the status "end of life", and is therefore no longer available, DroneLand is allowed to provide a similar product of same quality and standards, to the product the Customer ordered. Moreover, the Customer is allowed to terminate the Sales Agreement, without any additional costs involved. 

Article 6 International Orders and Customs

  1. When ordering products from the Website for delivery outside of the EU, the products you ordered might be subject to import duties and taxes, which are levied once the package reaches the specified desired country of destination. Any additional fees and charges that result from customs clearance is borne by the Customer; DroneLand has no control over these charges. The policies regarding customs vary widely depending on the country of destination, therefore DroneLand advices our customers, in case of international delivery, to Contact the local customs office for further information. 
  2. When a Customer orders from the Website, he or she is considered to be the importer of the goods and services, and therefore, has to comply with the laws and regulations of the desired country of destination. 
  3. DroneLand highly regards the privacy of the Customers visiting and making use of the Website. DroneLand wants to make the Customer aware that, in case of cross-border trade and deliveries, products are subject to opening and inspection by the customs authorities. 
  4. In case which the customs authorities decide to open and inspect the order of the Customer, DroneLand will not be resposible for possible delays in delivery. 

Article 7 Revocation Rights

  1. The Customer has the right to revoke the (distance) Sales Agreement within 14 days and without further explanation. The right of revocation comprehends a time period of 14 days starting from the day on which the Customer, or a third party named by the Customer, but not the deliverer, has taken possession of the goods. Concerning the delivery in parts, the right of revocation comprehends a time period of 14 days starting from the day on which the Customer or a third party named by the Customer, but not the deliverer, has taken possession of the last part of the delivery or last partial delivery.
  2. The (distance) Sales Agreements that concern repeated deliveries over a defined period of time, can be revoked within 14 days, starting from the day in which the Customer or a third party named by the Customer, but not the deliverer, has taken possession of the first incoming goods.
  3. If the Customer revokes the (distance) Sales Agreement, then Droneland is obliged to refund all payments including shipping costs (with exception of the costs generated by a way of delivery other than the cost-effective standard delivery offered by us) immediately and latest within 14 days starting from the day on which DroneLand receives the revocation declaration. For the refunding DroneLand uses the same means of payment that has been originally used by the Customer, in case no other agreement has been made; yet, no further fees will be charged for this repayment.
  4. The Customer has to return or turn in the goods immediately, and in any case within 14 days starting from your declaration of revocation of the (distance) Sales Agreement to:
    DroneLand
    Annie M.G. Schmidtweg 134
    1321NB Almere
    The Netherlands
  5. The Customer bears all direct costs caused by the return of goods. 
  6. Within the period that is mentioned in 6.1 and 6.2, the Customer will carefully handle the product(s) and the thereto beloning packaging, as long as the products are within the consideration period. The Customer is only allowed to open the packaging and use the products that to test the corresponding nature of the product(s), its properties and its use. The ruling principle in the consideration period is that the inspection and use of the product, is constrained to the way that, the Customer would be able to test and use the product(s) in DroneLand's physical store. 
  7. The Customer is responsible for the depreciation of the ordered products that is a result of the way of handeling with the product that is more extensive, than the handling of the product in the aformentioned paragraph. 
  8. The Customer can terminate the (distance) Sales Agreement in line with the in 7.1 mentioned period, by sending the revocation form, which can be found at returns & service page, digitally to DroneLand. DroneLand will confirm it has received the revocation form, after which the Customer has 14 days to return the products the Customer received. 
  9. DroneLand has the right to refrain from refunding the order, either until DroneLand has received the product(s), or when DroneLand has received evidence from the Customer that he or she returned the product(s). This does not apply when DroneLand proposes to collect the product(s) from the Customer themselves.

Article 8 Payment

  1. The Customer is required to fulfill its payment to DroneLand, by the payment methods offered by DroneLand. DroneLand is in no way obligated to offer certain payments methods, and therefore, the payment methods may vary from time to time. When the Customer decides to pay after delivery, the payment of the Customer to DroneLand is due within 14 days of the invoice date. 
  2. The payment to DroneLand must be made in Euros, unless otherwise agreed, and within 14 days of the invoice date. When using a bank transfer to pay for an order, the day the financial institution DroneLand uses, receives the crediting, is seen as the date of payment. 
  3. If the due date of the payment is exceeded by the Customer, he or she will be legally in default, without any written reminder or notice of default being required. Then DroneLand has to right to suspend the fulfillment of its own obligations towards the Customer, without prejudice to our rights under the Dutch common law. Moreover, the Customer will be charged with collection fees and a daily interest rate of 4%, calculated over the unpaid amount, until the payment is completed. The collection fees include: 15% on payments due worth €2.500,=; 10% on the following  €2.500,=. and 5% on the thereafter following €5.000,= with a minimal charge of €40,=. DroneLand is allowed to deviate from these interest rates, only if, its beneficial to the Customer. 

Article 9 Warranty and Conformity

  1. Article 9 only applies to Customers, who are natural or legal persons and, whose purposes are outside that person's trade, business, craft or profession. In the cases in which DroneLand has offered its own warranty on a specific product, then the applies warranty to any type of Customer. 
  2. DroneLand guarantees that the product(s) sold are in line with the promises made in the (distance) Sales Agreement, mentioned specifications, apply to the expectation of reliability and usefulness, and are in line with the Dutch governmental rules and regulations. 
  3. The warranty provided by DroneLand, manufacturer or importer, does not change the rights the Customer has, based on the (distance) Sales Agreement. 
  4. In case the delivered product does not meet the requirements of the (distance) Sales Agreement, the Customer has the right to Contact DroneLand within a reasonable period of time, to let DroneLand know the failure in the (distance) Sales Agreement. When DroneLand agrees with the failure in the (distance) Sales Agreement, the product(s) will be recovered, replaced or refunded, in consultation with the Customer. The maximum refund is the price paid for the product(s). 

Article 10 Complaint procedure

  1. When the Customer wants to make a complaint about a product (in accordance with the Article about Warranty and Conformity) and/or other aspects of services offered by DroneLand, then the Customer is able to submit his or her complaint by e-mail, post, or phone call. The Contact details can be found at the bottom of this page. 
  2. DroneLand will process the complaint as fast as possible, but in any case, DroneLand will respond within 5 business days after receiving the complaint. When it is not possible to respond with a substantive and definitive answer within the 5 business days, DroneLand will give an indication within which the Customer can expect a substantive and definitive answer. 

Article 11 Liability

  1. Article 11 only applies to a natural person who is acting for purposes which are not outside that person's trade, business, craft or profession.
  2. The liability of DroneLand to the Customer regarding an accountable short-coming, when adhering to the Sales Agreement, is limited to the maximum paid amount mentioned in the (distance) Sales Agreement. 
  3. The Liability of DroneLand to the Customer for indirect damage, including, in any event -expressly but not exclusively- is understood as loss of profits, missed savings, loss of data and damage due to company stagnation is excluded. 
  4. In addition to the cases mentioned in the previous two paragraphs of this Article, DroneLand shall not be liable to Customer for any damages. However, the restrictions mentioned in this Article shall be discarded when, and in so far as, the damage is the result of intentional or negligence by DroneLand
  5. The Customer is eligible for a damage refund by DroneLand, when the Customer makes the damage known to DroneLand, in a written format, and within 30 days of the event that caused the damage. 
  6. In case of Force Majeure, DroneLand cannot be held responsible for damages that occur at the side of the Customer. 
  7. DroneLand's liability to the Customer due to failure to comply with the Sales Agreement,  arises only if Customer defaults DroneLand immediately, and in writing form, and provides a reasonable period for rectifying the defect within which DroneLand has to comply with the mentioned deadline. The notice of default must contain as detailed a description of the shortcoming, so that DroneLand is able to respond adequately.

Article 12 Title of Retention

  1. All the goods and services that are delivered to the Customer, remain property of DroneLand, regardless as to whether they have already been used or processed by the Customer, until all the sums that the Customers owes DroneLand, under the terms of the sales agreement, have been paid. 
  2. The Customer is obliged to insure its products against the risk of fire and theft.

Article 13 Force Majeure

  1. Force Majeure is understood to mean that, in the event of DroneLand being unable to execute or complete a (distance) Sales Agreement temporarily or permanently, as a result of force majeure, or if after concluding the Sales Agreement circumstances arise that could not have been reaosnably foreseen, which are of such nature that by standards or reasonableness and fairness, then, the Customer cannot demand of DroneLand that the (distance) Sales Agreement is maintained unchanged. In this case, DroneLand is entitled, without legal intervention and without being obliged itself to pay any compensation for loss or damage, to dissolve the agreement either in its entirety or in part. 

Article 14 Applicable Law, Disputes and Jurisdiction

  1. These General Terms and Conditions are governmed by and construed in accordance with the Laws in the Netherlands. The offers made by and (distance) Sales Agreements with DroneLand are exclusively governed by the Dutch Law. 
  2. A dispute will be deemted to exist, only if one party has informed the other in writing
  3. In the event of a dispute for which an amicable solution has proved to be impossible, a competent court in the Netherlands will have the exclusive jurisdiction, unless, in advance, both parties have expressed a preference for arbitration or mediation.

Article 15 Privacy

  1. DroneLand highly regards the security of your personal details and therefore your privacy. DroneLand processes all of your personal details in line with the on the Website published privacy statement. 

Article 16 Final Provisions

  1. In the case of conflict between the Dutch and the English version of these General Terms and Conditions, the Dutch version will prevail. 
  2. The term "In written form", as mentioned in the Genetal Terms and Conditions, is defined by DroneLand in the following manner: any communication per e-mail or fax, of which the identitiy of the sender and the integrity of the e-mail is reasonably sufficient established. 

Our Contact Details

DroneLand
Annie M.G. Schmidtweg 134
1321 NB Almere, Flevoland
The Netherlands

Tel. 085-2017421
Mail: [email protected]
C.C.: 65677145 registered in Amersfoort
VAT number: NL856210596B01

Thus, as submitted by 04-08-2017

Almere