1. Generalities
These Terms of Use govern the access, the use of the Internet Site of A m p h i o s s.p.r.l., a company incorporated under the laws of the Country of Belgium, with registered office at 57, Avenue de l'Eté – 1410 Waterloo, and having the company number BE 0898259194 (hereinafter referred to as the “Seller”).
With the exception of deviations agreed explicitly and in writing between the Seller and the Customer, these conditions apply to all offers, orders, and agreements between the Customer and the Seller, and to all actions taken to execute them.
These conditions are accessible to everyone on our website http://www.altigator.com, they can change without any prior notice.
In case one or more clauses of these conditions is/are void, the other clauses of these conditions will remain valid. The English text of the current document exists for Customer convenience and it is a translation based on its french version, which remains the main reference for our conditions of sales and use of our site.
2. Completion of the agreement
The agreement comes into force only after acceptance of the order by the Seller. By placing the order the Customer accepts these conditions. The Seller reserves the right to refuse orders from Customers with which there is a pending dispute.
All Seller's offers are non-binding. In the event that the Seller can not fill an order for any reason, it will communicate this to the Customer as soon as possible. Under no circumstances is the Customer entitled to any type of indemnification. The period of withdrawal is of fourteen days after the presentation of the shipment by the carrier at the shipping address of the Customer. However the withdrawal period does not apply on sales of any type of aircrafts or systems also called drones or ready to fly radio controlled systems, or on any other article or set of articves that the Buyer ordered customised or on a special order.
3. Ownership
As long as the Customer has not integrally paid the price of the goods as well as any shipment- and payment fees, they remain the property of the Seller.
4. Prices and quotation
All prices are expressed in Euro, including VAT, but excluding shipment and funds transfer fees. In case that the Customer is not residing in the country of the Seller, the Customer is responsible for all the taxes and all the import duties that are claimed in the country of destination.
Any offers and promotions are always performed within the limits of available stocks and have never retroactive effect.
In the transportation fees the term of "weight" provided in our pages and documents, as in your basket etc. represents miscellaneous costs of handling, packaging work and packaging material and also the eventual volumetric weight that may concern some products and that is charged by the carriers. It may also include any eventual fuel surcharges that the transportation companies may require. For this reason the transportation weight always differs from the effective scale weight of a product.
Every request for taxes and/or duties refund after exportation will generate at least a minimum additional fee of 30,00 Euros (excluding taxes) which will be charged to the Customer. This fee may vary following the workload generated by the taxes and duties refund process.
This amount will be due by the Customer, even if the customs authorities do not accept the request.
5. Payment
The buyer is required to pay the net amount that is mentioned on the order confirmation and invoice. This amount includes the sales price of the delivered products, including any shipment fees and/or fees for the collection of payments, and including VAT
The payments can be made via all the credit cards that are accepted by PayPal or via a bank wire transfer. The use of PayPal involves additional fees that will be charged to the buyer at the end of the checkout process.
In case of bank wire transfer, all the bank fees for this operation must be paid by the Customer.
6. Products information
The information as the images provided for all of our products are simply informative and non contractual. Our products are continuously evolving and for that reason some data provided could be different from the specifications of the final product. Images include frequently additional peripherals that are only available as options and must be purchased separately.
The assembly and configuration of the most of the products available on our site requires several specific skills and also the reading of the documentation available on the Internet, regarding these products. The Customer acknowledges that he has all the necessary knowledge and skills to assemble and tune every article that he acquires on our site. The Customer undertakes to obtain the information necessary to perform all these operations on the Internet including the Wiki. The Client agrees to be fully aware of the purpose of the use of the items purchased on the Seller's site as well as about the compatibility between them or with other items, sold by the Seller or not. Otherwise, or in case of doubt regarding the use or the compatibility of these articles, the Customer undertakes to inform himself or to not buy these items.
7. Responsibilities
The Customer undertakes to take all necessary actions to be in good standing with respect to the legislation to his home country that governs the use of products such as those sold on our site. The Customer also undertakes to acquire all the necessary insurances for the use of these products. Some of our products cannot be used for military purposes. The Customer is responsible for all the customs clearance procedures, all the taxes, all the duties and fees related to the importation process – this is not a limiting list. All these expenses are to be paid by the Customer at the country of destination or transit.
Some articles may require a special authorization in order to be imported in some countries. It is therefore possible that some of the articles sold on the Seller's site fall under a special regulation category that depends on the destination country. In some countries, it is possible that some articles are restricted or even forbidden. The purchase of any article available on the Seller's site is under the Customer's responsibility. The Customer accepts to undertake all the necessary actions by the relevant authorities of the destination's country, in order to learn if the articles that he wants to purchase on the Seller's site are concerned by any of these restrictions or any other rule, before ordering these articles.
Despite the care taken on selecting components and all controls performed during the construction of our ready to fly aircraft’s, the use of this material is never without risks and many failures could occur during their use especially as they are prone to multiple external factors (like weather conditions, electromagnetic fields, battery status etc.). The Customer undertakes to take an insurance policy for his equipment against these incidents and all the direct and indirect damages and injuries that the use of the equipment purchased from the Seller may cause to itself or to others. Under no circumstances can the Seller be held responsible for any of these damages and injuries, to the aircraft itself, nor to any other material or person. In case that any defective product has been delivered by the Seller, or that have been at the origin of any damage, the Sellers responsibility is limited to the replacement of the refund of the parts delivered defective. The rescue and security systems, like parachutes, fail-safe functionnalities etc. proposed on the Seller's site, are made to increase the security of an aircraft but, like every security system, cannot be considered as 100% secure and the Customer must not reduce his vigilance during the flight, nor substitute insurances to these rescue systems. The Customer undertakes to return at his cost the defective parts to the Seller for inspection before any conclusion. Please see also the section named "Warranty, repairs and return of material". Consumables and security items like fuses etc are not covered by the guaranty.
When an insurance is proposed by our systems during the checkout process, it is the one proposed by the shipping carrier UPS. The coverage and the conditions of this insurance are strictly the ones proposed by UPS s.a. and the Seller just transmits the Customer's request without being involved for anything else than this transmission of request to the shipping carrier. The carrier reserves the right to refuse this insurance.
8. Deliveries and delivery periods
The Seller charges fees for the shipment of the products, unless explicitly mentioned otherwise.
The fees that apply to the Customer's order are displayed during the online checkout procedure.
The risk of damage, loss or theft during transportation is at the expense of the Customer.
The delivery periods shown on our website, during the order's confirmation and with any quotation provided by us are strictly limited to informational purposes only and depend frequently on factors out of our scope of action. The delivery delays are only estimations based on informations provided by the carriers. The delivery delays are estimated in working days, excluding the weekends.
With the exception of items specifically stated on order, Seller will make arrangements so that the products offered on the site are available as quickly as possible. Nevertheless, from time to time it is possible that a product is no longer available. In this case the Seller will inform the Customer as quickly as possible and the Customer has the possibility to cancel his order without any costs.
Under no circumstances can the Seller be held responsible for damages that would result from the fact that the product is out of stock, or for any delivery delay that may occur and this for any reason.
Orders will not ship before their payment arrives to us. If the payment didn't came to us within 7 days after an order was placed, this order will be deleted and the articles that it contains will return to our stock.
If the Customer is absent at the moment when the delivery attempt occurs, he must contact the carrier in order to claim his package and set a new appointment for a new delivery.
If the parcel is finally returned to the Seller due to the fact that the Customer didn't claimed it by the carrier, the cost of re-shipping of the order will be paid by the Customer.
9. Complaints
If the ordered products do not respond to Customer expectations because of breakage, damage, or an incorrect delivery, the Customer needs to inform the Seller within 2 working days after the reception of the products.
If the Seller does not receive any written complaint from the Customer within the terms mentioned above, it is assumed that the delivery was filled in accordance with the order.
10. Warranty, repairs and return of material
Generally, Terms and Conditions presented in this page apply only to parts and components ordered online through our webshop, and do not concern the RPAS (UAVS/drones). A Legal 2-year warranty on manufacturing defects is applied. This warranty will be applied provided that the manufacturer has inspected the concerned equipment and agrees, in order to ensure that the fault occurred is not due to misuse by the customer. Regarding ready-to-fly drones and integrated solutions and systems, the standard warranty period is set for 6 month as starting from delivery date. Extended warranty periods of 6 months or more can be included in the contract, depending on terms negotiated.
The instructions to follow for the return of material are here.
The cost of the transportation for any item or equipment that will be sent to us (or to the repair service of its manufacturer), whether or not under it is under warranty, or for any other reason, will be at the expense and responsibility of the Customer. The risk of damage, loss or theft during transportation is at the expense of the Customer. No material will be accepted without an RMA number. For customs purposes, who remain under the entire responsibility of the customer, the RMA number must be well written on the external part of the returned package.
In case of faulty equipment, or any part thereof, sold by the Seller, the Seller could not be held responsible for any direct or indirect loss or damage that may result.
In any case, the intervention of the Seller will be limited to the repair or replacement the defective part assuming that this intervention is accepted by the manufacturer of the equipment.
To cover all damages and / or loss resulting from such defect, the customer agrees to contract an insurance policy.
No replacement of material will occur before it has been inspected by the manufacturer and its replacement accepted by him (the manufacturer).
In the event that a material pretended defective is returned to us without reason (if that material is not defective), the costs generated by the testing thereof, such as manpower, necessary equipment and transportation costs will be charged to the Customer.
Every attempt to repair an article by the Customer, either in hardware or software (update, change of settings etc.) will automatically result in the cancellation of the warranty of the concerned article.
All returns of goods incur a fee of 15% of the price of the ordered items that will be charged to the Client. In order to be accepted, any material that is returned to the Seller, must be untouched, unused and in it's original packaging. If this is not the case, this material will be refused and sent back to the Customer at his expenses. An eventual refund, after deduction of the administrative fees (please see above), will only be possible under the format of a reduction code to use on a future order on the Seller's site. The batteries cannot be returned and cannot be exchanged.
The Lithium-Polymer batteries proposed on our store are only intended to be used in a radio controlled model. The Seller shall not be liable for the consequences of the use of Lithium-Polymer batteries which must comply with strict instructions of use in order to avoid damage to the product and its environment. The Seller and the manufacturer have no possibility to verify that the Customer or the user respected and will respect the instructions and precautions of use (like the intensities, the charge and discharge capacity and current, the use of a perfectly operating charger made for this type of batteries, the cycles of use and storage precautions). By buying these batteries, the Customer agrees to take the full responsibility for the consequences of their use and not to hold as responsible the Seller nor the manufacturers, distributors or retailers (including their owners and employees) from any accident, injury, death of person or damage to property. The Seller shall not be held responsible for the use of Lithium-Polymer (Li-Po), including the destruction (total or partial) of a model, any damage to the environment and any third parties or persons or any premature wear of electrical or electronic components. The warranty is therefore cancelled from the moment on which the packaging has been opened or the battery has been connected to a charger, discharged or used.
11. Loyalty program
With the AltiGator loyalty program, you earn AltiPoints on every purchase of a participating product.
Points are valid for 1 year and can be redeemed against a discount in a subsequent order of a minimum value of 50 Euros (excluding VAT, freight and transport insurance and possible financial costs), starting from the following order. The amount of the deductible discount can not exceed 20% of the total value of the order before discount.
The AltiPoints can be saved for a later exchange, within the limits of their validity date.
The accumulated points can not be the subject of a request for refund. They only entitle to a discount to be deducted from an order under the conditions described above.
The discount granted due to points exchange cannot be combined with any other form of rebate.
If a credit note is issued, the capital of points will be reduced accordingly.
The Seller reserves the right to determine and modify the criteria and procedures for allocation and redemption of points, as well as suspend or terminate the program at any time without notice. In this case, the unredeemed points will not entitle to any refund, nor discount or compensation of any kind.
This program takes effect from 1 July 2015 and is not retroactive.
12. Personal information
By accessing the Seller's web site, the Customer agrees to the collection and the use of certain personal data by the Seller. The data will be used by the Seller in accordance with the law “Informatics and freedom” of the 6th of January 1978.
The personal data provided by the Customer will be stored in the Seller's databases. These data will be used for the execution of the Customer's order.
13. Governing law and jurisdiction
These general terms and conditions are governed by Belgian law. Any disputes shall be subject to the jurisdiction of the courts of Brussels.