Terms and Conditions of Sale

2. Formation of contract

The Goods presentation on the Platform does not represent an offer but shall be understood as a non-binding invitation for the Buyer to place a purchase order.

By confirming a purchase order on the Platform, the Buyer declares that they have reached the age of legal majority, that they have the necessary legal capacity, and that they are legally authorised to enter into purchase contracts. By sending a purchase order, the Buyer sends the Vendor a binding offer for the conclusion of a purchase contract, and the Buyer confirms that they have read, understood, and accepted all these Terms and Conditions.

The Buyer will receive an automatic reply from the Vendor with order confirmation to the email address supplied by the Buyer during the online purchase process on the Platform. The Buyer expressly accepts this form of communication for the exchange of information regarding the formation and fulfillment of the purchase contract. The Vendor may, at its discretion, reject/cancel the purchase order within 7 (seven) calendar days after sending the automatic reply with order confirmation to the Buyer. The rejection/cancellation of the purchase order may be made for various reasons (restrictions to delivery to certain countries, absence of certain Goods etc.) and the Vendor shall not be liable for any direct or indirect damages in this case before the Buyer. In case of purchase on advance payment, the purchase contract is subject to the condition of and shall become binding for Vendor only upon receipt of the respective payment for the purchase.

The Buyer is fully responsible for providing incorrect information, which resulted in the inability of the Vendor to properly fulfil its obligations to the Buyer.

3. Price and terms of payment

The prices for the Goods on sale on the Platform are in USD net, excluding taxes or charges that may apply to the particular case. The delivery and other applicable costs will additionally apply to the Goods at the time of purchase on the Platform. The transport and other applicable costs will be calculated separately, and the Buyer will be notified of them before the order is confirmed.

The Buyer should calculate additional costs related to the state fees (for example, taxes, customs charges, etc.), and such costs are not displayed on the Platform.

The price of the Goods purchased on the Platforms is the price published from time to time on the Platform. These prices may be subject to changes, which will not however affect the orders already accepted by the Vendor when the changes are introduced.

Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of Buyer’s purchase order shall be borne by the Buyer. In the event Vendor is required to pay such charges to any authority, the Buyer shall indemnify and hold harmless Vendor for any such payments.

In the event of obvious errors on the Platform or made in connection with a Buyer’s purchase order, the Vendor reserves the right to correct the error and charge the correct price. In such a situation, the Vendor shall contact the Buyer and offer the Buyer the option of purchasing the Goods at the correct price or canceling the Buyer’s purchase order.

The price is to be paid by PayPal in a single amount in advance as a part of placing a purchase order unless other options are provided by the Vendor. Alternatively, if this option is expressly provided by the Vendor on the Platform or individually the payment may be made using a bank transfer or credit card. Details of the terms of payment that apply at the time the purchase order is made are contained in the “Checkout” page on the Platform. The Vendor reserves the right to exclude or include particular payment methods at any time.

The Goods will remain the property of the Vendor until full payment of all sums due in relation to the sale contract, including, for all Buyers, any interest on arrears and expenses incurred by the Vendor to recover amounts outstanding, unless this is not directly prohibited by the applicable law and cannot be excluded by these Terms and Conditions.

The Buyer may not set off any amounts due whatsoever from the Vendor against amounts due to the Vendor unless expressly allowed and cannot be prohibited by applicable law.

In case of payment by bank transfer or other payment, which was not made in advance, if the prepayment has not been made within 14 days upon receipt of the invoice, the Vendor will have the right to terminate the contract; the right of the Vendor to raise claims for damages on such grounds shall not be affected thereby. In the event of any payment delay, the Vendor shall have the right to charge default interest in the amount of 5% above the base interest rate of the European Central Bank valid at the time. In addition, the Buyer shall be obliged to compensate any reminder costs and collection expenses that have been incurred due to the delayed payment.

4. Promotion and Discounts terms

Unless otherwise directly provided by the certain promotion campaign, the following rules shall be applied for the promotions, discounts, promotional vouchers, and other special approaches for prices (the “Campaign”). The Campaign is:

1. subject to change at any time without prior notification by the Vendor and Vendor reserves the right to at its sole discretion vary, delete or add to any of the terms and conditions contained herein and/or cancel, terminate (including the right to cease the Campaign) or suspend any Campaign, and, in this case, revised Campaign terms (its termination) shall be posted on the emlid.com website in due time;
2. valid for Goods are only available while in stock;
3. valid for a limited time specified in the Campaign and transactions made during this period only (if period is not specified, the Campaign is valid for 24 hours);
4. valid for the limited number of transactions specified in the Campaign (if number is not specified the Campaign shall be applicable for one purchase of one item only);
5. valid for the specified in the Campaign Goods only;
6. valid if the Campaign is published on the emlid.com website only;
7. applicable for the full price Goods only, and
8. applicable on first come first serve basis. The Vendor will only accept transactions that fulfill the Campaign terms.

The Campaign is not valid with any other Campaign, in other words, any promotions, discounts, promotional vouchers, and other special approaches for prices cannot be used in conjunction with any other promotions, discounts, promotional vouchers, and other special approaches for prices. If the Campaign is for a specific Buyer only, it cannot be transferred or applied for another Buyer. Any benefits under the Campaign are non-exchangeable and no cash alternative is offered to the Buyer.

Transactions that are incomplete or fail to abide by the Campaign terms will be automatically disqualified without any further notice. The Vendor reserves the right to disqualify any Discount Offer to the Buyer, in the event that the Vendor believes that the Buyer may have contravened, will contravene, or has contravened any of these terms and/or may bring the Vendor into disrepute.

The Vendor will not be liable and/or be required to offer replacement offers, discounts, credits, cash, or otherwise compensate the Buyer for their inability to benefit from the Campaign.

The Buyer agrees to hold harmless, defend and fully indemnify the Vendor from and against all losses (including loss of opportunity and consequential loss arising therewith), damages, expenses, and all third party actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision, the legal cost of each other, personal injuries, death, loss or destruction of property, rights of publicity or privacy, defamation), awards and damages that may arise as a result of the Campaign.

The Buyer shall be personally responsible for all taxes, rates, government fees, or any other charges that may be levied against the Buyer under applicable laws, if any, in relation to this Campaign.

In the event of inconsistency between the terms in this section of Terms and Conditions and other provisions or terms specified in writing in the certain Campaign, terms and provisions of the respective Campaign shall prevail, except the rule that the Campaign is valid only if the Campaign published on the emlid.com website.

5. Delivery and transport

Unless communicated otherwise by the Vendor, the Goods will be delivered at the Buyer’s address at Buyer’s costs and the Buyer must receive the Goods there. The Goods must be delivered to the Buyer’s address mentioned in the purchase order. The Vendor's obligation to deliver the Goods is considered fulfilled and risk of accidental loss or damage to the Goods passes to the Buyer when the Vendor hands the Goods to a delivery service company, which shall hand the Goods to the Buyer or to a third party specified in the purchase order as the recipient. Buyer or a third party specified in the purchase order as the recipient are collectively referred to as the "Recipient".

The shipping cost of Goods is calculated individually based on the following specification of the ordered Goods: the weight of the Goods, the place of delivery and delivery method, etc. The shipping cost is indicated on the Platform during ordering.

The delivery date and delivery period specified by the Vendor are purely indicative and are not of the essence. It is the date/period indicated in the order confirmation or date/period indicated on the Platform, or, if no delivery date/period has been indicated, the delivery will be fulfilled within a reasonable period from the date of contract formation, except in cases of force majeure, and after the Vendor has received all the documents proving that payment has been made.

If the delivery of the Goods is made within the agreed terms, but the Goods were not delivered to the Buyer for reasons that depend on the Buyer, the subsequent delivery is made within the new terms agreed with the Vendor, after the Buyer pays the cost of delivery services again.

The Vendor does not deliver the Goods in the following countries: Afghanistan, Argentina, Brazil, China, India, Iran, Iraq, Lebanon, Libya, North Korea, Russia, Somalia, South Sudan, Syria. Please note, that the Vendor does not deliver to the above countries due to material external circumstances and reasons. The Buyer understands that the list of countries to which the Vendor does not deliver the Goods is approximate and can be changed from time to time by the Vendor without prior notice to Buyers. The Vendor may reject/cancel the automatically confirmed purchase order if the delivery cannot be made to a certain country (as described in the section “Formation of contract”). The Buyer shall always check with the Vendor whether the delivery of the Goods can be made to the specific country.

In order to avoid cases of fraud, as well as to fulfill the obligations assumed, when delivering prepaid Goods, the person delivering the Goods has the right to request a document proving the identity of the Recipient, as well as specify the type and number of the document provided by the Recipient on the purchase order receipt.

The Recipient checks the appearance and completeness of the Goods, as well as the completeness of the entire purchase order at the time of delivery. The Recipient must immediately inform the Vendor of the apparent defects found in the Goods or incompleteness of the purchase order, otherwise, the Buyer cannot refer to such apparent defects or incompleteness.

The Vendor shall transfer the Goods to the Buyer with the relevant accessories, as well as documents related to the Goods (user manual, etc.).

The Goods may be subject to customs, export control, and other public laws, regulations, and procedures. The Buyer is obliged to comply with the regulations and obligations resulting from these export or import control and other public laws. The Vendor shall not be liable for any and all limitations with regard to the delivery of the Goods resulting from such regulations and reserves the right to withdraw from the purchase contract based on these grounds. The Buyer shall provide the Vendor and delivery service company with all necessary assistance required for customs procedures, export control, and other applicable procedures that may occur, including (but not limited to) provision of necessary documents and information by the Buyer. The Vendor shall not be liable for any delays or unsuccessful results of customs, export control, or other similar proceedings, even if they caused that the Buyer cannot receive the Goods.

6. Warranty and support for Goods.
Limitations and forfeiture. Safety instructions

For Buyers the Vendor's warranty is strictly limited to the replacement or repair, at the sole discretion of the Vendor, of components of the Goods that have material or manufacturing defects and the Buyer thus waives all action for termination or reduction of the price. The warranty on new Goods is 60 days for Navio2 and Reach M+/M2, and 1 year for Reach RS+/RS2 from the date of delivery. Only the parts will be provided free of charge, with the exception in any case of parts subject to wear.

The foregoing is in lieu of any other warranty express, implied or statutory, including the implied warranties or merchant ability and fitness for a particular purpose, all of which other warranties are hereby expressly disclaimed.

In no event shall the Vendor be liable to the Buyer for loss of profits, loss of use, or damages of any kind based upon a claim for breach of warranty.

Warranty applies for Goods that become defective or fail to meet the specifications during the warranty period, provided that the Vendor will not be liable under this warranty unless: (i) the Vendor is promptly notified in writing by the Buyer upon discovery of defects or failure to meet specification within the warranty period, (ii) the Vendor examination of such unit (including remote examination or testing) shall disclose, to its satisfaction, that such defects or failures have not been caused by misuse, neglect, improper installation, repair, alteration, or accident. Examination of Goods may take up to one month. After that, the Vendor provides the Buyer with the answer whether the Goods are subject to warranty or not and instructions in this regard.

If the Goods are subject to warranty and the Vendor decides to replace the Goods, a new unit will be sent by the Vendor within 1 month after the end of the examination free of charge. The time period within which the new unit will be received by the Buyer depends on the delivery service company. The type of delivery will be the same as the Buyer specified when they ordered initial Goods. The type of delivery can be improved by the Buyer for additional fees paid by the Buyer. Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of Buyer’s purchase order shall be borne by the Buyer. In the event Vendor is required to pay such charges to any authority, the Buyer shall indemnify and hold harmless Vendor for any such payments.

If the Goods are subject to warranty and the Vendor decides to return the money for the Goods (if replacement is not possible), the money will be sent by the Vendor within 1 month after the end of the examination. The time period within which the money will be credited to the Buyer’s account depends on the Buyer’s bank.

Upon the request of the Vendor, the defective unit shall be returned to the Vendor, transportation prepaid by the Buyer. In such case, the defective units shall be sent by the Buyer to the Vendor no later than four (4) weeks following the day of the Vendor’s request to return the defective Goods. The Buyer must pay themselves for delivery to the Vendor and arrange the shipping process in relation to the return of the Goods received by the Buyer. The Vendor shall not be obliged to compensate any costs and expenses that have been incurred due to such a shipping process.

If the Goods are subject to warranty and the Vendor decides to repair it, it may take up to 1 month. The warranty period will be extended for the period during which the repair was carried out by the Vendor.

At the sole discretion of the Vendor, it may provide other instructions in writing to the Buyer in such warranty case to follow.

The Goods are shipped with a manual containing instructions for their correct use and maintenance unless the specific of the product does not require such manuals. Additional instructions can be found at docs.emlid.com and must be read carefully by the Buyer, too. The warranty provided in this Section will be invalidated in the event of faults, failures, or deficiencies in the Goods that result from the use and/or maintenance that is improper and/or does not conform to the instructions in the manual.

If the Goods are directly installed by the Buyer or by third parties that are not authorized by the Vendor, the Vendor is not liable for damages arising from the incorrect installation of the Goods or installation which does not conform to indications in the user and installation manual or in any other document sent with the Goods or placed at docs.emlid.com.

The Vendor does not carry out the services under warranty in the following countries: Afghanistan, Argentina, Brazil, China, India, Iran, Iraq, Lebanon, Libya, North Korea, Russia, Somalia, South Sudan, Syria. Please note, that the Vendor does not carry out the services in the above countries due to material external circumstances and reasons. The Buyer understands that the list of countries in which the Vendor does not carry out the services under warranty is approximate and can be changed from time to time by the Vendor without prior notice to Buyers. The Buyer shall always check with the Vendor whether the warranty service can be provided in the specific country.

Warranty services only extend to the restoration of the functionality of the Goods, except where the Vendor, at its sole discretion, considers it more convenient to fully replace the Goods or return the money if replacement is not possible.

The Buyers should use the following contacts for warranty and quality issues: email at info@emlid.com or use the contact form at store.emlid.com/contacts/.

7. Vendor’s responsibility

The Vendor guarantees the conformity of the Goods to all the mandatory safety standards imposed by laws, provisions, and regulations in force in Hong Kong.

The Vendor declines all liability for any damage to property and/or injury to persons arising from any use of the Goods that do not conform to the indications in the user manual, instructions, or any other document or notice attached to the Goods/published at docs.emlid.com, as well as damage to property and/or injury to persons arising from the fulfillment of the delivery and/or other services provided by third parties, even if carried out by subcontractors of the Vendor (in such case third parties are liable for any damage in this regard). The Buyer or any other user is expressly asked to read the user manual of the Goods carefully before use, to ensure that it is used correctly, and to strictly comply with the safety regulations displayed.

The Vendor shall not be liable for any indirect damage caused by the Goods (including loss of profits or goodwill). Limitations on the liability of the Vendor do not apply: (a) in the event of the death of or harm to the person caused by gross negligence of the Vendor; (b) in the case of wilful misconduct or gross negligence by the Vendor; (c) in any other circumstance which, according to law, does not allow for limitations on liability.

The Buyer must carefully read the description of the Goods and ask additional questions (if any) before the purchase. The Vendor is not responsible for any discrepancy between the provided Goods and the Buyer's expectations and/or subjective evaluation. The mismatch of the Buyer’s expectations and/or negative subjective evaluation is not grounds to consider Goods as inappropriate or defective and not subject to warranty terms.

The Vendor does not oblige to pay for any of the costs or arrange any part of the shipping process in relation to the return of the Goods received by the Buyer, including cases subject to warranty.

In case of any disputes regarding the Goods or their quality, such Goods are subject to expert evaluation.

To the maximum extent permitted by applicable law, the aggregate liability of the Vendor and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Goods will be limited to an amount of the purchase order, but in any way, the aggregate liability may not be greater than 500 (five hundred) dollars.

8. Right of cancellation of Buyers

Money will be refunded by the Vendor and the purchase contract terminated if the Buyer cancels its purchase order during the first 2 hours after it was made. Such cancellation can be made by the Buyer for no reason. In other cases, the Buyer cannot cancel the purchase order or terminate the purchase agreement.

9. Forces beyond the Vendor's control

The Vendor is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of Buyer, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or Goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or Goods through regular sources).

10. Applicable law. Competent Court

These Terms and Conditions are governed by the laws of England and Wales. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. In the event of any inconsistency between these Terms and Conditions and the applicable local laws, that cannot be excluded (for example, in case of regulation as know as “public order clauses”) compliance with the local laws prevails to the extent which is obligatory and cannot be excluded by these Terms and Conditions.

The Court of Arbitration of the Hungarian Chamber of Commerce shall have sole jurisdiction in respect of any dispute between the Buyer and the Vendor in relation to these Terms and Conditions or to any contract made between said parties.

11. Communications

For more information, or to make a complaint, the Buyer may send an email to the following address: info@emlid.com or contact the Vendor at store.emlid.com/contacts/. Alternatively, the Buyer can write by ordinary post to: Emlid Tech Kft., Esztergomi út 31-39. HUB3. ép. 5. em., 1138, Budapest, Hungary.

12. Miscellaneous

The Vendor may assign, transfer or otherwise dispose of its rights and obligations under the purchase contract with the Buyer, in whole or in part, at any time without notice to the Buyer. The Buyer may not assign the purchase contract or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

The Vendor reserves the right to amend these Terms and Conditions at any time, effective upon posting of an updated version of these Terms and Conditions on the emlid.com website. Changes shall apply to new purchase contracts only concluded after such changes.