NighteyeTECH Notices, Terms, and Conditions (version 10/01/2019)
NighteyeTECH is the online store owned and operated by NighteyeTECH Ltd, a limited liability company under the laws of Canada. NighteyeTECH may update or change the below terms, conditions, policies, and notices at any time and without notice.
UAV Rules and Regulations
The use and operation of Unmanned Aerial Vehicles (UAV’s) or “drone” related electrical equipment in the UK, USA, Canada and many other countries may require a license and some countries may forbid its use entirely. It is your responsibility to ensure that the use of products you purchase from NighteyeTECH meet the requirements imposed by your government’s rules and regulations. Do not purchase products from NighteyeTECH if you are unsure of the government requirements or are not able to comply with them. NighteyeTECH cannot be held responsible for your actions under any circumstance, including but not limited to if you use products purchased from NighteyeTECH in violation of your government’s regulations. We sell our products with no claims for suitability or legality of operation whatsoever.
You acknowledge that you fully understand the inherent danger involved when operating Infrared lighting equipment, UAV’s and other model aircraft or vehicles. Use extreme caution at all times when using any of NighteyeTECH’s merchandise. Never look directly at a powered up IR light. NighteyeTECH cannot be held responsible for any injury resulting from any product it sells. Spinning propellers can cause severe injury. Never work on your models with mounted propellers. Lithium Polymer (LiPo) batteries can be unstable if not used or charged correctly and this can include combustion or spontaneously catching fire. Prevent electrical shock by always working with powered electronic systems safely de-energized. Never short the electrical leads, reverse the leads or place the leads on your body at any time.
NighteyeTECH provides no warranty of any kind for any of the equipment it sells or otherwise distributes. You assume all risks for any products purchased or received from NighteyeTECH. NighteyeTECH or its employees are not liable for any instance of injury to you or others, or damage or destruction of property. Additionally, NighteyeTECH are not liable for any damages consequential or inconsequential resulting from the use or application of any NighteyeTECH provided products. We sell our equipment expressly without warranty or performance for any use or situation. It is up to the user to ensure that the products safely meet the user’s intended purpose.
If an item you received from NighteyeTECH is deemed to be inoperable or faulty (“Faulty Item”) due to a manufacturing defect, NighteyeTECH may replace or repair that item at its sole discretion, if it is deemed by NighteyeTECH that the fault is indeed due to a manufacturing defect and not user misuse including but not limited to incorrect wiring or crash damage. NighteyeTECH will not be liable for equipment that might have been lost and/or damaged as a result of the Faulty Item. As an example, if an IR module you received from NighteyeTECH is faulty and becomes inoperable during flight causing you to lose your airframe, NighteyeTECH may replace the faulty IR module, but not any other equipment such as the airframe that might have been lost and/or damaged due to the faulty IR module.
3.2 Incorrectly Published Product Details
While every attempt is made to have accurate information on our website, NighteyeTECH is not liable for any issues that may result from incorrect product details published on the NighteyeTECH web site. Please note that specifications and prices may change without notice. For confirmation of specifications, pricing or availability; please contact NighteyeTECH customer service directly using the Contact Us form on the website.
Please see NighteyeTECH’s Return policy.
5.0 Shipping Terms and Conditions
5.1 Commercial Carriers
You accept Canada Post, USPS, UPS, FedEx and all other commercial carriers NighteyeTECH offers or chooses to fulfil your order (“Mail Carrier(s)”) as reliable mail carriers and NighteyeTECH’s carriers of choice.
5.2 Shipping Address
We need a complete and valid street address to ship your products. We do not allow orders to be shipped to the following:
- Freight Forwarders – We ship internationally to almost any country in the world ourselves
- Hotel and Convention Center Addresses – We have had a problem with packages getting lost at hotels and convention centers. We require a permanent, verified, residential or established business address.
- PO Boxes, including APO addresses – Shipments to PO Boxes and APO addresses are reviewed on a case by case basis and may be declined. To avoid your order being held for review, use your regular residential or business address.
- COD – We never ship Cash On Delivery. All products must be prepaid.
- Export Compliance – We strive to fully comply to all laws of the USA, including embargo to exports to named countries, companies and individuals.
5.3 Tracking and Lost Shipments
Even mail service types that typically provide full tracking information to your location may sometimes not show any information beyond the provider receiving the package. NighteyeTECH has no influence or control over the internal processes of Mail Carriers or the local postal system of your country. NighteyeTECH cannot be held liable for any mistakes made by a Mail Carrier or your local country’s postal service.
If the tracking information for your package shows receipt by any of NighteyeTECH’s mail carriers, NighteyeTECH is not responsible if your package never arrives at your location. No refunds will be provided if your package is lost in the mail system either in Canada or in your destination country. Almost all packages sent by NighteyeTECH reach their recipient. Please contact the Mail Carrier directly if there is a shipping issue or claim.
5.4 Shipping insurance
When NighteyeTECH sends your order with any Mail Carrier, the delivery is not ‘insured’.
5.5 Signature requirements
Mail services offered by NighteyeTECH require a signature on delivery of your package.
5.6 Customs, Duties, and “Return to Sender” Packages
For orders shipped outside Canada, you are solely responsible for any and all import duties your local customs office may impose on your order. If a package is returned to NighteyeTECH due to the Mail Carrier’s inability to collect customs duties or deliver the package to your provided ship-to address, NighteyeTECH will not refund a) shipping costs from NighteyeTECH to your location and b) the cost of returning the package back to NighteyeTECH, when and if the package is returned to NighteyeTECH. In the event that a package can not be delivered due to the issues listed in this paragraph and the overall value of your order is less than the cost of returning the package back to NighteyeTECH, NighteyeTECH may elect to ‘abandon’ the package. If your package is abandoned, you will not receive a refund.
5.7 Backordered items
If your order contains items that are ‘backordered’ or currently out of stock, your entire order will be held until the backordered item(s) come(s) into stock. All orders ship complete. Partial shipments are only available under certain conditions and in the sole discretion of NighteyeTECH. Items of your order that are not on backorder will be held in reserve for you so that no previously purchased item runs out of stock while we wait on the backordered item(s).
5.8 Canceled Order Refunds
All orders that are declined by us due to a) violation of any of our shipping rules; or b) suspected fraud, are automatically voided with your method of payment and cancelled. In most cases, you will be notified of any order cancellations.
5.9 Shipment Times and Delays
Orders placed with NighteyeTECH usually take 1-2 business day to leave our warehouse from the time your order is placed. In rare cases and depending on your ship to address, it can take much longer than indicated for a package to reach you and independent of the mail service you chose during check-out. The delivery time frames provided are averages for most mail pieces. NighteyeTECH is not responsible if a Mail Carrier or your local country’s postal service delays the arrival of your package due to custom holds or other issues. NighteyeTECH does not provide refunds in case your package is delayed.