Terms & Conditions

1. Scope and application

These Terms and Conditions of Sale (the “Terms”) govern the sale of goods and services by Falconclaw OÜ (“Falconclaw”, “we”, “us”) to consumers via the falconclaw.eu online shop and any related distance or off-premises sales channels.

A “consumer” is any natural person who is acting for purposes outside their trade, business, craft or profession. Where the purchaser is acting for business purposes, our separate Business (B2B) Terms and Conditions apply instead.

These Terms do not affect any mandatory statutory rights you have as a consumer under Estonian law (in particular the Law of Obligations Act and the Consumer Protection Act) and European Union consumer law.

2. Definitions

• “Goods” means the products offered for sale by Falconclaw, including night-vision and thermal-imaging devices, accessories and related equipment.
• “Controlled goods” means dual-use items subject to export controls under Regulation (EU) 2021/821 and the Estonian Strategic Goods Act, including certain night-vision and thermal-imaging devices.
• “Made-to-order goods” means goods that are not part of our standard offering and are produced, configured or specified on the basis of an individual decision or specification of the customer.
• “Contract” means the contract of sale concluded between you and Falconclaw in accordance with section 3.
• “Durable medium” means any medium that allows information to be stored and reproduced unchanged for future reference (for example email or a downloadable PDF).

3. How a contract is formed

Information and prices presented in the falconclaw.eu shop constitute an invitation to treat, not a binding offer.

By submitting an order, you make a binding offer to purchase the selected goods or services on these Terms. We may accept or decline your order. A binding Contract is concluded only when we confirm acceptance of your order, and at the latest upon delivery of the goods.

We will provide confirmation of the concluded Contract on a durable medium within a reasonable time and at the latest upon delivery. We are entitled to conclude contracts by electronic means.

For controlled goods shipped to destinations outside the European Union and outside the scope of our standing general export authorisation, no standard price is offered through the shop and the Contract is concluded only by separate written order confirmation issued by us after screening and any required export authorisation have been resolved (see section 13). This does not remove your statutory consumer rights where they apply.

4. Prices and VAT

All prices shown to consumers are inclusive of applicable Value Added Tax (VAT). The applicable VAT rate depends on the destination country within the EU and the type of goods, and the final price including VAT is shown before you complete your order.

Any delivery, packaging or similar charges are shown separately before you complete your order and are included in the total payable. VAT is not applied to orders shipped to destinations outside the EU; such orders may instead be subject to import duties and taxes in the destination country, payable by you.

While we take care to display prices accurately, errors may occasionally occur. If we discover a pricing error affecting your order, we will contact you before dispatch; you may then confirm the order at the corrected price or cancel it for a full refund.

5. Payment

Accepted payment methods are those displayed at checkout. Payment is processed through our payment service provider, and card payments are subject to Strong Customer Authentication (SCA) as required by applicable law.

Unless otherwise agreed, full payment is required before goods are dispatched. We do not store or process your full card details ourselves; these are handled by the payment service provider.

6. Delivery and delivery times

We deliver to the destinations made available at checkout. We commit to dispatching goods within the handling time indicated for the relevant product.

Delivery time estimates shown at checkout are generated automatically from the carrier and are indicative only. They do not form a guaranteed delivery date, and we are not liable for ordinary delays in transit that are within the carrier's responsibility.

Where we have not agreed a specific delivery time with you, we will deliver without undue delay and in any event within 30 days of conclusion of the Contract, in accordance with your statutory rights. If we fail to deliver within the agreed time or that period, you may grant us an additional reasonable period; if we still fail to deliver, you are entitled to terminate the Contract and receive a full refund. This backstop applies only where goods ultimately fail to arrive within a reasonable time; it is not affected by ordinary fluctuations in carrier transit times.

Force majeure affecting delivery

Delivery and other obligations may be affected by events beyond our reasonable control, including armed conflict, sanctions and embargoes, border or airspace closures, customs holds, and disruption to carrier and logistics networks across the EU and elsewhere.

Where such an event delays or prevents delivery, we are not in breach, and the delivery timeline is suspended and extended for the duration of the disruption, without liability on either side for losses caused by the delay. If a force majeure event continues for more than three months, either you or we may withdraw from the Contract. In all cases, your right to cancel an undelivered order and receive a full refund within a reasonable time remains unaffected.

7. Passing of risk

Where we dispatch the goods to you, the risk of loss of or damage to the goods passes to you only when you (or a person you have indicated, other than the carrier) take physical possession of the goods.

If goods are lost or damaged in transit before you receive them, we will, at your option and as appropriate, re-ship the goods or provide a full refund. This does not apply where you have arranged a carrier of your own choosing that we did not offer, in which case risk passes when the goods are handed to that carrier (without prejudice to your rights against that carrier).

8. Your right of withdrawal 

Our products are specialist items, and we encourage you to choose carefully before ordering — please review the product specifications and contact us with any questions before you buy, so that your purchase is right for your needs. The statutory right of withdrawal below is intended as a safeguard, not as a substitute for trying out goods you do not intend to keep.

As a consumer, you have the right to withdraw from a distance Contract within 14 days without giving a reason. The withdrawal period expires 14 days from the day on which you (or a person indicated by you, other than the carrier) acquire physical possession of the goods; for a service contract, 14 days from the day the Contract was concluded.

To exercise the right, inform us of your decision to withdraw by a clear statement, using the contact details above. You may use the model withdrawal form in the Annex, but it is not obligatory. To meet the deadline, it is sufficient to send your communication before the 14-day period expires.

Effects of withdrawal

If you withdraw, we will reimburse all payments received from you, including the costs of standard outbound delivery, without undue delay and within 14 days of being informed of your decision. We may withhold reimbursement until we receive the goods back, or until you supply evidence of having sent them back, whichever is earliest.

• We refund only the cheapest standard delivery option we offer; if you chose a more expensive delivery method, the supplementary cost is not refunded.
• You bear the direct cost of returning the goods to us.
• You may inspect and handle the goods only as you reasonably would in a shop. If the goods are returned showing signs of use, wear or handling beyond what is necessary to establish their nature, characteristics and functioning, we are entitled to deduct an amount reflecting that diminished value from your refund, which in cases of significant use may be a substantial part of the price.

We will use the same means of payment you used for the original transaction unless you expressly agree otherwise; you will not incur any fees as a result of the reimbursement.

When the right of withdrawal does not apply

The right of withdrawal does not apply to, among other cases provided by law:

• made-to-order goods, as defined in section 9 (goods that are not part of our standard offering and are produced, configured or specified to your individual specification); and
• service contracts for leisure activities tied to a specific date or period (for example a course on set dates), as set out in section 10.

9. Made-to-order and custom goods

Made-to-order goods are goods that are not part of our standard offering and are produced, configured or built on the basis of your individual specification or decision, such that they are not readily saleable to another customer.

Because such goods are produced specifically for you, they are not eligible for the 14-day right of withdrawal, and we may require a deposit before commencing the order. A reasonable cancellation charge, stated to you before you order, may apply if you cancel a made-to-order item, except where the goods are defective or otherwise not in conformity. Standard catalogue goods that we simply order in for you are not made-to-order goods and retain the full right of withdrawal.

Your statutory rights in respect of defective or non-conforming goods (section 11) apply to made-to-order goods in the same way as to other goods.

10. Services and courses

Where we offer services, including training courses, the specific booking, cancellation and refund terms for that service are stated at the point of sale.

For services relating to leisure activities that are provided on a specific date or during a specific period (such as a course scheduled for set dates), the statutory right of withdrawal does not apply. For these, the cancellation terms stated at booking — which may include tiered cancellation fees or no refund for late cancellation — apply. This does not affect your rights where a service is not provided as agreed.

11. Legal guarantee and commercial warranty

Statutory guarantee of conformity (2 years)

As a consumer, you are entitled by law to a guarantee of conformity for a period of two years from delivery of the goods. If goods do not conform to the Contract, you are entitled to have them brought into conformity (by repair or replacement) or to an appropriate price reduction or termination of the Contract, in accordance with the Law of Obligations Act and Directive (EU) 2019/771. During the first year, a lack of conformity is presumed to have existed at the time of delivery unless proven otherwise. This statutory right is free of charge and exists independently of any commercial warranty.

Falconclaw commercial warranty (12 months)

In addition to your statutory rights, Falconclaw provides a commercial warranty against defects in material and workmanship for parts, for 12 months from the date of shipment, unless a longer period is clearly stated on the relevant product page. This commercial warranty is provided in addition to, and does not limit or replace, your two-year statutory guarantee of conformity.

For goods not manufactured by Falconclaw, we pass on the manufacturer's warranty to the extent it is transferable. The commercial warranty does not cover goods that have a naturally shorter lifespan, or that have been improperly stored, installed, used, maintained or repaired, modified without our approval, misused, or involved in an accident. None of this affects your statutory rights.

12. Defects, claims and returns

If goods are defective or not as described, please contact us at contact@falconclaw.eu so we can resolve the matter and, where appropriate, issue a Return Merchandise Authorisation (RMA). You are not required to inspect or notify us within any fixed short period as a condition of your statutory rights; you may rely on your statutory guarantee of conformity throughout its duration.

We may ask you to return the goods for inspection. Where a claim is valid, we will repair, replace, reduce the price or refund as appropriate and as required by law, and we will bear the reasonable costs of return for valid claims.

13. Export control and dual-use items

Some of our goods are controlled dual-use items under Regulation (EU) 2021/821 and the Estonian Strategic Goods Act. This section applies only to such controlled goods; non-controlled goods are not affected by it.

For controlled goods, we operate as follows:

• Destinations covered by our general authorisation: We hold a standing Union General Export Authorisation (EU001) registration covering listed low-risk destinations (which include Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland and Liechtenstein, the United Kingdom and the United States). For covered items to these destinations we ship under that authorisation, subject to our end-use and customer due-diligence checks.
• Destinations outside the EU and outside EU001: Standard pricing is not offered through the shop for these destinations. You must contact us for an individual quotation. We will apply for any required individual export authorisation ourselves, at no licensing cost to you, and a binding Contract is concluded only once screening and the authorisation are resolved.
• Items outside the scope of the general authorisation: Where a particular item and destination fall outside the scope of our general authorisation, an individual export licence may be required even for an otherwise listed destination; dispatch then follows the grant of that authorisation.
• Prohibited destinations and end-uses: Where export is prohibited, or an authorisation is refused, or a prohibited end-use applies, we cannot ship the goods and will refund any sums you have paid for them in full.

Where an export authorisation process applies, the period for supply runs from the grant of that authorisation. You agree to provide accurate end-user, end-use and destination information and any End-User Certificate we reasonably request, and you undertake not to re-export, divert or use the goods in breach of applicable EU, Estonian or other applicable export-control laws. If you do not provide the required information, the order cannot proceed and will be refunded.

14. Legal capacity, age and lawful use

By placing an order, you confirm that you are at least 18 years old and have full legal capacity to enter into the Contract, or that you have the consent of your legal representative. For controlled night-vision and thermal-imaging devices, orders are restricted to customers aged 18 or over, and we may decline or cancel any order where this is not satisfied.

You undertake that you will not use the goods for any unlawful purpose and will comply with all laws applicable to the possession, use and (where relevant) export of the goods.

15. Our liability to you

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud, or for any of your mandatory statutory rights as a consumer (including the statutory guarantee of conformity).

Subject to the above, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not liable for losses that are not foreseeable, or for losses arising from your own failure to follow reasonable instructions for the use, storage or maintenance of the goods. This section does not affect the passing-of-risk and delivery provisions in sections 6 and 7.

16. Use of night-vision and thermal devices

Night-vision and thermal-imaging equipment should always be treated as supplemental and never as a replacement for natural vision. You are responsible for using such devices safely and lawfully. Subject to section 15, we are not responsible for harm to persons or property resulting from use of the devices contrary to this guidance or to the manufacturer's instructions.

17. Data protection (GDPR)

Falconclaw OÜ is the controller of your personal data under Regulation (EU) 2016/679 (GDPR). You can contact us about data protection at contact@falconclaw.eu.

What we process and why

We process identification and contact details, order and delivery information, and payment-related information in order to take and fulfil your order, provide support, handle warranty claims and recalls, prevent fraud, and meet our legal obligations. For controlled goods we also process end-user, end-use and identity/KYC information and carry out sanctions screening.

Legal bases

• Performance of the Contract with you (Article 6(1)(b)) — to take, process and deliver your order and handle related support and warranty matters.
• Compliance with a legal obligation (Article 6(1)(c)) — including tax, accounting, and export-control / KYC and sanctions-screening obligations for controlled goods.
• Our legitimate interests (Article 6(1)(f)) — including fraud prevention and network and information security, balanced against your rights.

We do not rely on consent to process the data needed to fulfil your order. Where we ask for any optional or sensitive data, we will tell you why and on what basis.

Recipients and processors

We share personal data with service providers acting on our behalf, including our e-commerce platform and hosting provider (Shopify), our payment service provider, shipping and fulfilment partners, and our sanctions/KYC-screening provider (for controlled goods). Some of these providers may process data outside the EEA; where they do, we rely on an appropriate transfer mechanism such as an adequacy decision or the European Commission's Standard Contractual Clauses.

A current list of our processors and the applicable transfer safeguards is available on request.

Retention

We keep personal data only as long as necessary for the purposes above and to meet legal retention requirements (for example, accounting records are retained for seven years under Estonian law, and export-control records for the period required by law).Your rights

You have the right to access, rectify, erase or restrict processing of your personal data, to object to processing based on legitimate interests, and to data portability, in each case subject to the conditions in the GDPR. To exercise these rights, contact us at contact@falconclaw.eu.

You also have the right to lodge a complaint with the Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon), https://www.aki.ee.

18. Complaints and dispute resolution

If you have a complaint, please contact us first at contact@falconclaw.eu so we can try to resolve it.

If we cannot resolve the matter, you may refer the dispute to the Consumer Disputes Committee (Tarbijavaidluste komisjon), an independent body operating under the Estonian Consumer Protection and Technical Regulatory Authority (TTJA), Endla 10a, 10142 Tallinn; web: https://ttja.ee/en/consumer-disputes-committee. Proceedings before the Committee are free of charge for consumers. We are not obliged to participate in the Committee's proceedings; the Committee may nonetheless propose a solution, which becomes binding only if both parties accept it.

19. Governing law and jurisdiction

These Terms and any Contract are governed by the laws of Estonia. However, as a consumer, you continue to benefit from any mandatory protections that cannot be derogated from under the law of your country of habitual residence within the EU; nothing in these Terms deprives you of those protections.

Disputes may be brought before the competent Estonian courts. As a consumer, you may also bring proceedings in, and may only be sued in, the courts of your country of habitual residence, in accordance with applicable EU rules on jurisdiction.

20. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full effect.

We may update these Terms from time to time. The version applicable to your order is the one in force when you place it. We will make the current version available on falconclaw.eu.

You may not transfer your rights or obligations under a Contract without our prior written consent. You are responsible for the proper disposal of packaging and transport materials.