These terms and conditions of sale (“Terms”) govern the purchase of any products (“Products”) from The Staaker Company AS, The Staaker company USA Inc. or any of their subsidiaries (“Staaker” or “we”) unless where there is a separate written agreement with customer (“Customer” or “you”) that specifically supersedes the Terms.
Customers that want to purchase Products may do so by clicking on the “order now” (or similar) button on the Staaker
website and follow the instructions. Once an order is placed Staaker will confirm it by sending an order confirmation (“Order Confirmation”) to Customer’s email address. Staaker is not bound to sell any Product until an
Order Confirmation has issued and payment has been processed. The Order Confirmation will contain information regarding the ordered quantity, their price, and the estimated shipment date.
Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms. We do
not accept any changes to or rejections of the Terms that you communicate to us in any form, all will be null and of no effect.
Customer may cancel an order any time before the purchased Product ships and, if payment has already been processed, receive a full refund.
Shipment and delivery
Customer is responsible for all freight, packing, insurance and shipping-related costs that are noted or
referenced on Customer’s screen before a purchase is made. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to Customer. Staaker may provide a single or multiple shipping
methods and carriers for Product delivery at its discretion.
Customer understands that all estimated and scheduled shipment dates are estimates only. Staaker will make reasonable
efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If Customer purchases
multiple Products, we may fulfill the order in installments and charge Customer separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit.
If we’re not able to charge your chosen payment method or you otherwise fail to pay for your purchase, we have the right to delay or suspend shipment of Products.
Product price and tax
The prices for the Products will be as specified during the online order process and the order confirmation you
will receive. Prices are in US dollars with separate subtotal for all applicable sales taxes that you agree to pay by ordering the Product. Customer is responsible also for any other taxes applicable to the purchase, including
import taxes and fees in the country where Customer asks Staaker to ship the Products.
Assumption of risks
You agree to comply with all applicable local, state and national laws in connection with your use of the
Product, including Federal Aviation Administration (or similar authorities in other countries) regulations and advisories. You understand and agree that the Product is not made or intended for use in any application or hazardous
environment that requires fail-safe performance, where the failure or inaccuracy of the Product or its use might result in or cause death, personal injury, collision, or significant environmental damages (“High-Risk Activities”). High-Risk Activities include without limitation operation near any animal, power line, cellular or other radiofrequency tower, mining area, any other electromagnetic interference environment, obstacle, airport, airfield or industrial facility or area. The Products are not toys and improper operation may cause serious injury and property damage. You agree to use precautions when using your Product.
Staaker accepts no risk, obligation or liability whatsoever to you or any third party for any of the following (“Disclaimed Activities”) performed or caused, by act or omission, by you or a third party with access to your Product:
· use of the Product contrary to Staaker’s published information, specifications and instructions, including, but not
limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product in direct sunlight for long periods, use of the Product for High-Risk Activities, use of the Product in
combination with any third party device not provided or recommended by Staaker, and affixing anything to the Product;
· repairs, modifications, adjustments or repairs to the Product made by a party not authorized by Staaker;
· damage from any external cause, including, but not limited to, sand, dirt, improper usage of any electrical source, battery
leakage, or local power surges;
· any damage to property or persons caused by your Product that is not caused by material defect for which Staaker is held
responsible, including your failure to properly operate or understand the functionalities of the Product;
· improper use such as allowing the Product to land on unstable surfaces or dangerous terrain, using the Product in inclement weather or low light, failure to maintain line-of-sight with the Product when using it, attempting to charge the Product with chargers not provided by Staaker;
· failure to purchase any insurance required by law to operate the Product in your area;
· failure to determine the suitability of the Product for your intended use;
· failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
· any continued use of the Product after you detect any material defect, including erratic responses to user input;
· failure to adhere to Federal Aviation Administration (or similar authorities in other countries) regulations and
advisories, as well as any other relevant laws and applicable rules; and
· any other use of the Product that must reasonably be considered improper.
Product warranty and return
You agree to read, and abide by any written instructions shipped with your Product and all safety precautions
contained therein. If you do not understand any part of any of these instructions or the functionality of Product, you may view the FAQ on our webpages or contact us at firstname.lastname@example.org.
30-Day Worry Free Guarantee
If you purchased your Product directly from our webpage www.staaker.com and you are unsatisfied with your purchase for any reason (which is unrelated to the Warranty Exclusions which is and would not be not covered by this 30-Day
Worry Free Guarantee), you may return the Product to us for a full refund or exchange within the 30 days following delivery to you. If you request a refund under this section, your payment method will be credited upon our receipt of
the returned Product. If you request an exchange, Staaker will pay for shipping of the new Product sent to you.
Limited One-Year Warranty
Our Products are warrantied against manufacturing defects for a period of one year from the original date
of delivery of the Product to you. Our sole obligation in the event of such defects during this period is to repair or replace the defective part or Product with a comparable part or Product; how we replace or repair the Product is at
our sole discretion. Replaced or repaired Products will be warrantied for the remainder of the original warranty period or thirty (30) days from the date of delivery of the replaced or repaired Product to you, whichever is longer.
Please note that this warranty ONLY applies to orders placed on our website and only to the original purchaser.
You agree to fully read the instructions and guidance we provide and review the Product’s capabilities and
constraints before using the Product. Notwithstanding the limited warranty above, you assume all liability and we have no obligation whatsoever to you or anyone else for any of the Disclaimed Activities mentioned herein.
All Products that are returned to us become our property. Staaker is not responsible for any memory card, content
or information stored in any Product you return to us, whether under warranty or not.
ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION
OF THE EXPRESS WARRANTY ABOVE. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STAAKER OR
ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND
CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
Return of products
You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products
to us under this warranty or the 30-Day Worry Free Guarantee. You agree to pack the Product that you are returning, either under the 30-Day Worry Free Guarantee or the Limited One-Year Warranty, carefully and return it to us,
freight prepaid, together with the RMA. The returned Product must be in the original package and free of any defect or damage caused by shipping. If we determine to repair or replace your Product under the Limited One-Year
Warranty, we will pay the return costs for ground shipping. If we reasonably determine that the Product you returned is not defective or does not fall within the 30-Day Worry Free Guarantee, we will contact you and will arrange
for reshipment to you at your cost, plus a handling fee equal to 15% of the Product purchase price. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.
Whether through our 30-Day Worry-Free Guarantee or through our Warranty, both described above, you can
only make returns as follows:
· Before requesting an RMA, please contact our customer support by clicking on Contact Us on our website.
· If we are unable to solve your problem via email, please request an RMA number. If our customer support determines that you are within your 30-Day Worry Free Guarantee or that your problem qualifies under warranty coverage you will be issued an RMA number.
· Package Products along with a copy of the RMA form.
· Write the RMA number on the outside of the box and send it to the appropriate address based on your specific location. Please do not hand-deliver your product to the addresses provided, even if you are local. These locations are not set up to receive visitors.
You agree to defend, indemnify, and hold Staaker, its subsidiaries and affiliates, and their officers,
directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to
your violation of these Terms and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.
Limitations of Liability
SUBJECT TO OUR WARRANTY PROGRAM, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK, AND IN NO EVENT WILL STAAKER BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING
SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE
TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS,
WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT STAAKER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND STAAKER HAVE
AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL STAAKER’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO STAAKER BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any software installed in the Products (the “Software”) is licensed and not sold to Staaker’s customers. You may only
use this software for its normal, intended use with the Products and in line with these Terms. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with respect to the non-software elements of the
Product. These Terms apply whether or not they are included with the Products sold hereunder.
Subject to your compliance with these Terms, Staaker grants you a limited, non-exclusive, non-transferable,
non-sublicenseable license to use the Software as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. Staaker reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is
protected by U.S. and international copyright law and treaties.
All the Software and any related documentation are “commercial items” as that term is defined in FAR 2.101,
consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. To the extent that the Products are being acquired by or on behalf of
the U.S. Government then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the software and any related documentation will be only those specified in these Terms.
These Terms and any action related thereto will be governed by the laws of the State of California without
regard to its conflict of laws provisions.
For any dispute, claim or controversy with Staaker arising out of or relating to these Terms or the use
of the Product (collectively, “Dispute”), you agree to first contact us and attempt to resolve the Dispute with us informally. In the unlikely event that Staaker has not been able to resolve a Dispute with you after 30 days, you and Staaker agree
that it shall be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing Staaker with
written notice of your desire to do so by email or regular mail within thirty days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Staaker with an Arbitration Opt-out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Staaker with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Staaker with an Arbitration Opt-out Notice, you acknowledge and agree that you and Staaker are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Staaker otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/aaa/faces/rules/searchrules or by calling the AAA at 1-800-778-7879). The U.S. Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written demand for Arbitration
as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/faces/services/fileacase/forms). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Staaker agree otherwise, the arbitration will be conducted in the county where you reside. If your claim
does not exceed 10,000 U.S. dollars, then the arbitration will be conducted solely on the basis of the documents that you and Staaker submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds 10,000 U.S. dollars, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s
decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must
be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Staaker will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in
the AAA Rules. However, if your claim for damages does not exceed 75,000 U.S. dollars, Staaker will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration
was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If Staaker changes this “Dispute Resolution” section after the date on which you placed your order for a
Product, you may reject any such change by sending us written notice within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Staaker in
accordance with the provisions of this Dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between you and Staaker regarding the
purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written
consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding
modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Staaker’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right
or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Staaker. Except as expressly set forth in these Terms, the exercise by either party of any of
its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms were last updated
August 1, 2016