The following terms and conditions of Falconclaw OÜ exclusively govern all quotations, sales orders, invoices, and contracts of sale. Any alterations require the explicit written consent of Falconclaw OÜ. The contract will be conducted in English.
TERMS & CONDITIONS HIGHLIGHTS:
Credit card payments: In order to reduce risk of credit card fraud, we only accept debit and credit card payments via cards that support 3D secure authentication or Strong Customer Authentication. We have the right to ask additional questions and decline any suspicious payments.
Refunds and returns: You may return an unused item in original packaging within 14 days of receiving the item. Items must be returned in the same condition as they arrived. Shipping costs will be not be refunded.
Partial prepayment on backorder and custom order items: Falconclaw has the right to decline credit card payments for custom items and ask for 30% deposit. Custom items that are made to order are not eligible for refund unless there is a quality deficiency that was reported within 7 days from receiving the product.
VAT: From 1st of July 2021 for all purchases within European Union (EU), all marketplaces are required by EU law to collect Value Added Tax (VAT) and remit to the completent tax authority under certain circumstances. The VAT rate may vary depending on the destination country for your order and the type of goods purchased. Final VAT will be calculated in cart after confirming country where goods will be shipped to. VAT is not applied to the orders shipped outside of EU.
Contract Conclusion
Upon submitting a purchase order (PO) or placing an order via Falconclaw.eu, the Purchaser makes a legally binding offer to contract with Falconclaw.
Contracts are valid and binding on Falconclaw only after sales order acknowledgement. By submitting a PO or ordering through Falconclaw.eu, the Purchaser agrees to these Terms and Conditions, thereby excluding their own general purchase conditions. Order amendments require a new order acknowledgement.
The Purchaser will be notified of contract conclusion either by Falconclaw confirmation or, at the latest, upon product delivery. Falconclaw reserves the right to reject orders.
All product Purchasers must provide complete KYC documentation upon Falconclaw’s request. This includes, but is not limited to, a scan of government-issued ID or passport of ultimate beneficial owners (UBOs), and a UBO certificate or company registration extract from a government source showing ownership details.
E-Commerce
Falconclaw is entitled to conclude agreements by electronic means with the Purchaser validly.
Scope of Contract
Falconclaw’s quotation and/or acknowledgement includes only such goods, accessories and work as are specified therein.
Period for Supply of Deliveries or Services
When Issuing PO
The period for the supply of deliveries and services shall be governed by order acknowledgement. It shall begin on the date of the order acknowledgement, provided that all specifications have been given to Falconclaw before that date.
When submitting order via Falconclaw.eu or any other means
The period for the supply of deliveries and services shall be governed by receiving the funds for the order.
General
Timely supply depends on the Purchaser’s prompt provision of all required documents, licenses, approvals, and payment compliance. Failure to meet these conditions extends the supply period. If the Purchaser causes a delivery delay, notification of shipment readiness within the agreed period deems the supply timely. The Purchaser must compensate Falconclaw for damages resulting from delivery delays caused by them.
Delivery and service periods are indicative unless Falconclaw expressly states otherwise in writing, and Falconclaw is not liable for manufacturing or dispatch delays. Force majeure events, such as war or strikes, that delay delivery or services will lead to an extension of the period without either party incurring damages. If a force majeure event lasts over three months, either party may withdraw from the agreement.
Should the Purchaser fail to take delivery within 14 days of dispatch, Falconclaw can cancel the agreement or store the goods at the Purchaser’s risk, charging five percent of the goods’ price per storage month.
Title Retention
Falconclaw retains ownership of the goods until the full purchase price is paid, regardless of risk transfer.
Payments from the Purchaser will be applied to outstanding debts in the order they were incurred, irrespective of any specified allocation on Purchaser invoices.
Proceeds from any sale of the goods by the Purchaser are to be held in trust for Falconclaw until ownership is transferred. Pledging or using the goods as security is prohibited before ownership transfer.
In cases of default, payment delay, or insolvency prior to ownership transfer, Falconclaw reserves the right to enter the Purchaser’s premises and repossess the goods.
Cancellation, Returns, and Refunds
Upon receiving items, the Purchaser must inspect them before accepting delivery. Falconclaw is not liable for damage after delivery or dispatch to the Purchaser’s service. Claims beyond 24 hours of delivery are void, and delivery is then considered as fulfilling the order. Any claims must be reported to info@falconclaw.eu within this period.
If a revocation is effective, all received benefits and profits, such as interest, must be returned. If the Purchaser cannot reimburse Falconclaw for services or benefits received, or if the item is returned in a deteriorated condition beyond normal examination, the Purchaser must compensate with equal value. Normal examination includes testing the goods as commonly done in a shop.
All goods are made or purchased to order and are not stocked. They are specifically ordered for the Purchaser. Ensure all special requests are on the order confirmation.
Order cancellations, whole or partial, for made or purchased to order items incur a 50% cancellation charge on the invoice value, unless agreed otherwise in writing. This charge will be paid by the Purchaser or deducted from refunds.
Legal Capacity of the Purchaser
The Purchaser confirms they are of legal age and capacity or have legal representative consent to place orders.
The Purchaser also confirms they will not misuse the goods for illegal purposes.
Falconclaw Limitations of Liability
Falconclaw will compensate the Purchaser for direct property damage resulting from Falconclaw’s or its subcontractors’/agents’ gross negligence. However, Falconclaw’s total liability for any single incident or series of related incidents will not exceed the price of the relevant Falconclaw product.
Falconclaw’s financial responsibility to the Purchaser for any breach of a goods supply contract is limited to the price of those goods.
Should the Purchaser resell or transfer Falconclaw goods to a third party, the Purchaser agrees to indemnify and protect Falconclaw from all third-party claims related to those goods.
Except in cases of gross negligence, Falconclaw is not liable for lost contracts or profits, indirect, special, or consequential losses. Unless explicitly stated in these Conditions of Sale, Falconclaw is not responsible for any losses or damages incurred by the Purchaser due to a breach of a goods supply contract.
These liability limitations remain in effect even after the termination of any goods supply contract.
Use of Night-Vision and Thermal Devices
Night vision and thermal imaging equipment should always be considered supplemental, never a replacement for natural vision. Consequently, Falconclaw disclaims all responsibility for any harm to individuals or property resulting from the use of such devices.
Accepted Payment Options
Falconclaw accepts payments exclusively through bank transfer or credit card.
Payment Terms
Payment terms are outlined in the Falconclaw order acknowledgement. Should no terms be specified, prepayment is required. Order processing will commence only upon receipt of full payment into Falconclaw’s account.
Order Cancellation
Unless otherwise agreed upon, orders remaining unpaid 14 days post-placement may be cancelled without notice.
Pricing Terms
Unless otherwise stated, all prices are exclusive of VAT and other local taxes, as noted in the order confirmation or quote. Prices are subject to change without prior notice. Costs for processing, packaging, insurance, and transport are not included and will be added to the invoice based on the transaction’s Incoterms.
While every effort is made to ensure accuracy, pricing errors may occur. In such cases, the Purchaser will be promptly notified of the correct price and given the option to pay the difference or receive a refund.
Falconclaw reserves the right to charge an 8% interest on any overdue payments, without affecting any other rights or remedies.
Prices are based on the current quote or Falconclaw’s price list at the time of the quotation. If invoicing in a currency other than the quote, the exchange rate will be determined by Falconclaw. However, Falconclaw may adjust the quote or issue an amended invoice if the spot rate changes by more than 5% from the rate on the quotation date.
Payments must be made in full, without deduction for set-off or counterclaim, and free of bank charges to the bank specified by Falconclaw.
Export/Import and Customs
Sales of Falconclaw’s goods and software are always governed by European Union export control laws and regulations, including any amendments. Purchasers may only direct these goods or software to the final destination they have specified in writing and which is listed on Falconclaw’s invoice.
European Union-based Purchasers ordering export-controlled items must, upon Falconclaw’s request, provide a completed End-User Certificate (EUC) and all other necessary documents for the export permit application. Non-compliance will result in order cancellation by Falconclaw.
Defects after Delivery and Warranty
Falconclaw guarantees that their supplied goods will be free from material and workmanship defects, under the following conditions. This warranty, covering parts only, applies for twelve months from the shipment date.
Changes to these warranty terms are valid only through a written agreement based on Falconclaw’s prevailing Warranty Policy.
For products not manufactured by Falconclaw, the warranty extends only to the degree that the original manufacturer’s warranty allows transfer to the Purchaser. Falconclaw will transfer such warranties; the Purchaser’s only recourse for breach of this warranty lies with the manufacturer. Falconclaw bears no responsibility for non-Falconclaw products, whether under contract, tort, negligence, or otherwise.
The Purchaser must allow Falconclaw reasonable time and opportunity to fix warranty failures. Falconclaw will either repair or replace the defective product at their discretion.
Falconclaw’s obligation to repair or replace does not extend to goods consumed during operation, those with a naturally shorter lifespan than the warranty period, those improperly stored, installed, used, maintained, or repaired, those modified without Falconclaw’s approval, those subjected to misuse or detrimental exposure, or those involved in accidents.
Falconclaw holds no warranty obligations for defects arising from unauthorized alterations or repairs by the Purchaser or their representative.
Performance
Falconclaw’s performance figures, whether stated in a quotation or published technical documentation, serve as estimates only and do not account for the Purchaser’s specific usage conditions.
Advice or assistance provided by Falconclaw or its agents regarding supplied products or installation systems, beyond the scope of this agreement, does not incur any liability for Falconclaw, regardless of the legal basis.
Therefore, Falconclaw bears no liability for the failure of goods, accessories, or work to meet performance figures, unless a specific written agreement guaranteeing those figures is established prior to delivery, subject to the Sales Conditions outlined in that agreement.
Place of Jurisdiction
The business relationship between Falconclaw and the Purchaser is governed by the laws of Estonia. Estonian courts shall have jurisdiction over any legal disputes arising between Falconclaw and the Purchaser. Order processing may be suspended pending the resolution of such legal disputes.
Data Privacy
In accordance with the General Data Protection Regulation (GDPR,) Regulation (EU) 2016/679, Falconclaw hereby informs our Purchasers and prospective Purchasers of the following:
Personal Data
I) The personal data collected by Falconclaw, will be used for the following purposes:
To process Purchaser orders.
For this purpose, Falconclaw collects the following information:
Purchaser account number
Purchaser type (Business/Individual)
Purchaser name
Company/Organisation
Purchaser e-mail address
VAT/Tax no. (if provided)
Purchaser billing address and shipping address including postcode(s,) town(s), country/countries
Purchaser phone number(s)
Other Ultimate Beneficial Ownership and Company registration data.
Furthermore, the information listed above is then used for the following:
To e-mail an order confirmation
To ship the ordered items to the correct address
To contact the Purchaser if there are any issues regarding the order/shipment
To prevent fraudulent behavior
To meet KYC processes
To process warranty claims. To this end, the information listed in I.1 above is used for the following:
To identify the specific order
To identify the products to be returned for inspection
To issue a Return Merchandise Authorization (RMA)
To identify the specific payment to be refunded (if Purchaser opts for a refund rather than a replacement)
To process product recalls. To this end, the information listed in I.1 above is used for the following:
To identify the specific orders affected
To identify and alert the affected Purchasers
To issue Return Merchandise Authorizations (RMA)
To identify the specific payment(s) to be refunded (if Purchaser opts for a refund rather than a replacement)
II) Our legal basis for processing for the personal data:
Processing is necessary for the performance of a contract to which the data subject is party (Article 6(1)(b))
No special categories of personal data are collected.
Consent
By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for Falconclaw to process personal data, but it must be explicitly given. Where we are asking for your sensitive personal data we will always tell you why and how the information will be used.
You may withdraw consent at any time by contacting info@falconclaw.eu
General
These Terms and Conditions, along with any order and acceptance, constitute the complete agreement between Falconclaw and the Purchaser concerning any goods supply contract. They override all prior agreements or representations related to such contracts.
Any alterations or waivers to a goods supply contract are valid only if documented in writing and signed by authorized representatives of both Falconclaw and the Purchaser. Neither the parties’ conduct nor trade customs can change the contract provisions. If the Purchaser provides a purchase order or related documents, their standard terms will be void.
The Purchaser cannot transfer their rights or obligations under a goods supply contract without Falconclaw’s prior written approval.
Should the Purchaser make arrangements with creditors, face legal action, or have their affairs controlled due to debt issues, Falconclaw can immediately terminate any goods supply contract.
Neither Falconclaw nor the Purchaser is liable for failure to meet contract obligations due to force majeure, including industrial disputes or circumstances beyond their reasonable control.
The Purchaser is responsible for properly disposing of all packing and transport materials for Falconclaw’s supplied products.
Validity of Contract
Should any section of these Terms and Conditions be deemed invalid, the rest of the agreement will still be considered in full effect.
