TERMS & CONDITIONS

This page, together with our Privacy Policy and Terms of Use, explains about The Bionic Eye (us, we) and legal Terms and Conditions on which we sell all the products (Products) listed on our website. These terms apply to any contract between us for the sale of Products to the customer or site user (you).

Please read these terms carefully to ensure you understand them, before ordering any Products from our site. Pease be advised that you will be asked to agree to these Terms and Conditions, otherwise you will not be able to order any Products from our website.

You may wish to print a copy of these Terms for future reference. Please note that these Terms and Conditions may be altered from time to time, so please check these Terms on our website each time you wish to order Products.

 

About Us

• 1.1. We are The Bionic Eye Ltd, and operating the website www.TheBionicEye.co.uk, and sub domains. We are a company registered in the UK under number 9053005 with our registered office at 22 Wycombe End, Beaconsfield, Bucks HP9 1NB
• 1.2. Contacting us if you are consumer or a business:
• 1.2.1. If you wish to cancel a contract in accordance with your legal rights, you can let us know by contacting us on 01753 65 3456, e-mail us at Info@TheBionicEye.co.uk or by post to the registered address as per Section 1.1. You can also contact us via Contact Page on our website.

 

Our Products

• 2.1. Every effort has been made to display the pictures of our products true to life, however your product may vary slightly from the displayed images.
• 2.2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only.

 

Website Use

• Your use of our website is governed by our Terms of Use Policy. Please read this Policy to ensure you are aware of some important terms applicable to you.

 

How We Use Personal Information

We only use your personal information in accordance with our Privacy Policy.  Please read this Policy to ensure you are aware of some important terms applicable to you.

 

Consumer Customers

(This clause only applies if you are a consumer i.e. a person who is buying a Product for their own personal use and not for commercial operations).

• 5.1. If you are a consumer, you must be at least 18 years old to purchase products from our site.
• 5.2. Some products may only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these products if you do not meet these age requirements.
• 5.3. As a consumer, you have legal rights in relation to a Product that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

Business Customers

(This clause only applies if you are a business customer e.g. a UAV operator business).

• 6.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
• 6.2. These Terms and Conditions, Privacy Policy, Terms of Use constitutes the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us (written or oral) relating to its subject matter.
• 6.3. You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or our Privacy Policy, Terms of Use Policy.

 

The Contract Between Us

• 7.1. To make a purchase, browse through our Products and select those which you wish to purchase by adding them to your shopping basket. Once you have completed your selection(s) click on the ‘Checkout’ button and our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
• 7.2. After you place an order, you will receive an order confirmation e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted and dispatched.
• 7.3. We will confirm the dispatching of the product in a separate email. The contract between us will form when we send such dispatch email.
• 7.4. If we are unable to supply you with a product for whatever reason, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the product(s), we could suggest an alternative product (if appropriate) or will refund you the full amount (including any delivery costs charged) as soon as possible.
• 7.5. For drone airframes and parts, many are custom made to order and therefore delivery times are only shown as a guide a the actual delivery time are outside our control.

 

Product Supply & Use

• 8.1. We shall supply and the Customer shall purchase Product(s) in accordance with these Terms.
• 8.2. Neither party shall export, directly or indirectly, any technical data acquired from the other party under these Terms (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations, including United States, UK and EU export laws and regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval. The Customer shall ensure that the Products will not be exported, sold, diverted, transferred or otherwise disposed of in violation of any import or export legislation, either in their original form or after being incorporated into other items.

 

Our Right To Vary These Terms

• 9.1. We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated.
• 9.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
• 9.3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
• 9.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

 

Consumer Right Of Return / Refund

(This clause only applies if you are a consumer i.e. a person who is buying a Product for their own personal use and not for commercial operations).

• 10.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
• 10.2. However, this cancellation right does not apply in the case of any Products that are made to your specification or are clearly personalised, such as Gryphon Dynamics parts as these are all custom manufactured.
• 10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
• 10.4. Your legal right to cancel a Contract: 
• 10.4.1. You have a period of 14 (fourteen) working days in which you may cancel. The cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of the consumer, or a person, other than the carrier, identified by the consumer to take possession of them.
• 10.4.2. Working days means that Saturdays, Sundays or public holidays are not included in this period.
• 10.4.3. If you have ordered multiple products which are delivered on separate days, then the end date is 14 days after the day on which you receive the last of the separate Products ordered.
• 10.5. To cancel a Contract, you must contact us in writing by sending an e-mail to Info@TheBionicEye.co.uk or by sending a letter to The Bionic Eye Ltd, The Atrium, 1 Harefield Road, Uxbridge UB8 1HB. You may wish to keep a copy of your cancellation notification for your own records.
• 10.6. If you cancel your Contract, we will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be acceptable.
• 10.7. As a consumer, you will always have legal rights in relation to a Product that are faulty or not as described. These legal rights are not affected by the returns policy in this section or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
• 10.8. Please see our Returns Policy for more information on how to return a product.

 

Delivery

• 11.1. We aim to deliver all Products in accordance with the delivery times stated on our Delivery page depending on the delivery option you choose. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
• 11.2. For the first time orders placed with a credit/debit card, delivery will only be made to the cardholder’s registered address or the cardholder’s place of work which may need to be verified before dispatch. We will not, under any circumstances, dispatch a first-time credit/debit card order to any other address. Once you have successfully completed an order with us, we will be happy to dispatch to an address of your choice.
• 11.3. Delivery of the Products shall take place at the Delivery Location. Acceptance of any change to the Delivery Location requested by you shall be at our sole discretion and you shall be liable for any additional expenses incurred by us as a result of such change. We shall arrange for suitable transport to the Delivery Location. We may affect delivery in one or more instalments.
• 11.4. Delays in the delivery of an Order shall not entitle you to:
• 11.4.1. refuse to take delivery of the Order; or
• 11.4.2. claim damages; or
• 11.4.3. terminate these Terms.
• 11.5. The Bionic Eye shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by your failure to comply with its obligations under these Terms.
• 11.6. Delivery of an order shall be completed when we or our courier deliver the Products to the address you gave us, and the Products will be your responsibility from that time. Please note that if you opt for the Products to be delivered to a safe place or to be left with a neighbour (or other third party) you are responsible for such Products once we or our courier deliver the Products to that safe place, neighbour or other third party and delivery of the Products shall be completed when we do so.
• 11.7. You own the Products once we have received payment in full, including all applicable delivery charges.

 

International Delivery

• 12.1. We deliver to the countries outside of the UK. Delivery charges for International Delivery Destinations vary and please see our shipping rates page for more details.
• 12.2. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
• 12.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
• 12.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
• 12.5. We do not deliver to the following countries Russia, Belarus, North Korea, Sierra, South Sudan and Venezuela.

 

Lithium Polymer Batteries

• 13.1. You agree to use any Lithium Polymer batteries supplier in accordance with the manufacturer’s instruction. You must regularly check any Lithium Polymer batteries and store them in conditions consistent with the manufacturer’s instructions.
• 13.2. Fire can be caused by overcharging Lithium Polymer batteries (including the uses of the wrong charger or charger setting, unbalanced battery load, charger fouled by poor power supply), charging a damaged cell or pack and short circuit (including crash damage).
• 13.3. Cells or packs can be damaged by over discharging (including running too flat and/or too hot, discharging an unbalanced battery load), short circuit and crash damage.
• 13.4. Many airlines do not permit carriage of Lithium Polymer batteries. You must check airline policies and rules before attempting to fly with Lithium Polymer batteries on commercial airline flights.
• 13.5. Misuse, abuse incorrect charging and discharging and all other inappropriate use of Lithium Polymer batteries is not covered under the warranty.

 

Product & Delivery Charges

• 14.1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
• 14.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
• 14.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
• 14.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
• 14.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

Payments

• 15.1. You can pay for Products using a debit card or credit card (we accept the following – Visa, Mastercard, Maestro), BACs/Wire Transfer, Paypal or any other method as available through our site, or we agree to, from time to time.

 

Our Liability (Business Clients)

(This clause only applies if you are a business customer e.g. a UAV operator business).

• 16.1. We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
• 16.2. Nothing in these Terms limits or excludes our liability for:
• 16.2.1. death or personal injury caused by our negligence;
• 16.2.2. fraud or fraudulent misrepresentation;
• 16.3. Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
• 16.3.1. any loss of profits, sales, business, or revenue;
• 16.3.2. loss or corruption of data, information or software;
• 16.3.3.  loss of business opportunity;
• 16.3.4. loss of anticipated savings;
• 16.3.5. loss of goodwill;
• 16.3.6. any indirect or consequential loss;
• 16.3.7. any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product;
• 16.3.8. any modification to the Product made by the Customer, including but not limited to changes to default settings on autopilot, autopilot software and firmware (including upgrades), radio, ESC, prop changes, battery changes, weight changes that may affect flight or for damage caused by magnetic interference.
• 16.4. Subject to the events listed above in this Section, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
• 16.5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

Our Liability (Consumer Clients)

(This clause only applies if you are a consumer i.e. a person who is buying a Product for their own personal use and not for commercial operations).

• 17.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable (including but not limited to any modification to the Product made by the Customer, including but not limited to changes to default settings on autopilot, autopilot software and firmware (including upgrades), radio, ESC, prop changes, battery changes, weight changes that may affect flight and magnetic interference). Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
• 17.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• 17.3. We do not in any way exclude or limit our liability for:
• 17.3.1. death or personal injury caused by our negligence;
• 17.3.2. fraud or fraudulent misrepresentation;
• 17.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 
• 17.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
• 17.3.5. defective products under the Consumer Protection Act 1987.

 

Events Outside Our Control

• 18.1 External Events
• 18.1.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
• 18.1.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• 18.1.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
• 18.1.3.1. we will contact you as soon as reasonably possible to notify you; and
• 18.1.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

Communications

• 19.1. When we refer, in these Terms, to "in writing", this will include e-mail.
• 19.2. If you are a consumer you may contact us as described in Section 1.2.
• 19.3. If you are a business:
• 19.3.1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
• 19.3.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
• 19.3.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
• 19.3.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

Other Important Details

• 20.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
• 20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.  
• 20.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
• 20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• 20.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• 20.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
• 20.7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
• 20.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

Date August 2024