Terms of Sale
1. THESE TERMS
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1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
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1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us.
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2. INFORMATION ABOUT US
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2.1 Who we are. We are KD Drones Limited a company registered in England and Wales, with registration number 15379002. Our registered address at 68 Dalling Road, London, England, W6 0JA.
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3. HOW TO CONTACT US
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3.1 How to contact us. Given the nature of our business, you will receive a quicker response to queries from us by contacting us on our website www.kddrones.com or via email. If you do wish to email us, please do so by emailing us at contact@kddrones.com
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3.2 How we may contact you. If we have to contact you, we will do so by writing to you at the email address and/or phone number you provide us with.
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4. ORDERS
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4.1 How you can order. Our products are available to order in one of two ways: (a) by messaging us on Whatsapp through the link provided on our website, or (b) through our commercial partner HobbyRC UK Limited (HobbyRC) via their website - www.hobbyrc.co.uk. When you click to a product on our website, it will be clear which of these options applies to that specific product.
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4.2 Orders from HobbyRC: where you order a product from HobbyRC you will be doing so subject to their contract terms as made available on their website. We therefore accept no liability to you for any such orders and any of your rights and obligations in relation to such orders are solely and exclusively to be exercised as against HobbyRC pursuant to their contract terms. Other than this clause 4.2, these terms and conditions apply therefore only to orders which are raised directly with us (see 4.1(a) above).
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4.3 Orders from us: If you have contacted us and requested a product, we will confirm via Whatsapp whether we are able to accept your order. If we are able to accept your order, we will send you an invoice for the product. Once we have issued the invoice, a contract will come into existence between you and us and you will be considered to have placed an order for the product.
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4.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and we will not charge you for the product.
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5. PRICE AND PAYMENT
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5.1 Where to find the price for the product. The price of the product, excluding delivery costs (which includes VAT), will be the price provided on our website or otherwise supplied to you in writing. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 5.5 for what happens if we discover an error in the price of the product you order. All prices on the website are exclusive of delivery costs (see clause 5.2 below).
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5.2 Delivery costs: when you contact us to make an order, we will ask you for the delivery address details and, based on those details, confirm our delivery costs for the product(s) you are ordering from us. Those costs will be included in our invoice to you.
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5.3 When you must pay (title and risk). You must pay for the products (including delivery costs) before we dispatch them.
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5.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect.
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5.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if there is any discrepancy, we will contact you for your instructions before we accept your order.
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6. OUR PRODUCTS
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6.1 Products and product packaging may vary slightly from their pictures. Any images of the products or the packaging of the product we provide to you are for illustrative purposes only. Your product may vary slightly from those images.
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6.2 Making sure measurements are accurate. You are responsible for ensuring that any measurement requirements of the products you provide are correct.
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7. YOUR RIGHTS TO MAKE CHANGES
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7.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
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8. OUR RIGHTS TO MAKE CHANGES
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8.1 We may change the products at any time:
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8.1.1 to reflect changes in relevant laws and regulatory requirements; and
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8.1.2 to implement minor technical adjustments and improvements, for example to address a safety feature. These changes will not affect your use of the product.
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9. PROVIDING THE PRODUCTS
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9.1 When we will provide the products and delivery costs. During the order process we will let you know when we will provide the products.
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9.2 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
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9.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our logistics provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
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9.4 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.1.1 will apply.
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9.5 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
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9.5.1 we have refused to deliver the products; or
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9.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
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9.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
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9.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 9.5 or 9.6, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
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9.8 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
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9.9 When you own the products and who bears the risk in the products. You only own the products once we have received payment in full. Risk of damage to, or loss of, any products will pass to you when the products are delivered to you.
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9.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
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9.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
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9.11.1 deal with technical problems or make minor technical changes;
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9.11.2 update the product to reflect changes in relevant laws and regulatory requirements;
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9.11.3 make changes to the product as requested by you or notified by us to you (see clause 8).
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10. YOUR RIGHTS TO END THE CONTRACT: CHANGING YOUR MIND
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10.1 You can always end the contract for supply of a product before it has been delivered. You may contact us to end your contract for a product at any time up to 14 days after you receive a product from us, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or misdescribed (see clause 12).
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10.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 10.2.1 to 10.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
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10.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
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10.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
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10.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
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10.2.4 we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons; or
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10.2.5 you have a legal right to end the contract because of something we have done wrong.
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10.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 10.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
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10.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
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11. OUR RIGHTS TO END THE CONTRACT
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11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
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11.1.1 you breach any of these terms;
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11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
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11.1.3 you do not, within a reasonable time, allow us to supply the products.
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11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
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12. IF THERE IS A PROBLEM WITH THE PRODUCT
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12.1 How to tell us about problems. If you have any questions or complaints about the product, please write to us at contact@kddrones.com or contact us via Whatsapp. Our policy on returns is as follows:
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12.1.1 If an item develops a fault within the first 6 months from delivery, we will require further information (pictures, description of the fault etc) to prove that the fault wasn't caused by any faulty installation. Presuming no faults are found, we will arrange to get a replacement or repair (at our election).
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12.1.2 If an item develops a fault after 6 months from delivery, we will need to establish if the fault was present at the point of delivery or developed at some stage afterwards. Further information will be requested (pictures, description of the fault etc). We will work with the manufacturer and you to reach a mutually agreeable resolution.
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12.1.3 Soldered/Modified Items: As the process of soldering/applying heat to a PCB is heavily reliant on the skill of the installer, any warranty is not guaranteed when soldering has taken place. We will, however, upon receiving further information (pictures, description of the fault etc) discuss further with you to try and reach a mutually agreeable resolution.
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12.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
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12.3 Your obligation to return rejected products. Where we have agreed to repair or replace a product, you must post it back to us or (or if they it is not suitable for posting allow us to collect it from you). We will pay the costs of postage or collection.
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13. EXCLUDING LIABILITY
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13.1 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
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13.2 We make no representation or warranty for:
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13.2.1 any implied warranty or condition as to merchantability or fitness of the products for a particular purpose;
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13.2.2 the adequacy or appropriateness of the products for your purpose.
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13.3 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
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13.4 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the products concerned.
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13.5 We shall not be liable to you for any loss or expense which is:
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13.5.1 indirect or consequential loss; or
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13.5.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
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14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
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14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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15. HOW WE MAY USE YOUR PERSONAL INFORMATION
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15.1 We will only use your personal information as set out in our Privacy Policy. A copy of our Privacy Policy can be found at [www.kddrones.com/privacy-policy]
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16. OTHER IMPORTANT TERMS
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16.1 There are no other agreements between us. These terms constitute the entire agreement and understanding between us.
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16.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
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16.3 You need our approval to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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16.4 Nobody else, except for our affiliates, has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms, except for our affiliates, who will be entitled to rely on clause 16.
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16.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
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16.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
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16.7 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes email.
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16.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Contact Us
Send us a message, we're always happy to create a quote for your needs, and talk about FPV or anything to do with drones!
+44 (0) 7857 315535