These terms and conditions of sale (“Terms”) govern the
purchase of any products (“Products”) from Wiral Technologies
AS, Wiral Technologies US Inc. or any of their respective
subsidiaries (“Wiral”, “Wiralcam” or “we”) unless where there
is a separate executed written agreement with customer
(“Customer” or “you”) that specifically supersedes the Terms.
Assumption of risk
You agree to comply with all applicable local, state and
national laws in connection with your use of the Product.
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. Wiral 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 Wiral’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
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in combination with any third party device not provided
or recommended by Wiral, and axing anything to the
Product;
• repairs, modifications, adjustments or repairs to the
Product made by a party not authorized by Wiral;
• 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 Wiral is held
responsible, including your failure to properly operate or
understand the functionalities of the Product;
• improper use such as allowing the Product to block trac
or interfere with anything that might crash into the line,
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 Wiral;
• 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 aer you detect any
material defect, including erratic responses to user input;
• 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
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instructions or the functionality of Product, you may view the
FAQ on our webpages or contact us at hello@wiralcam.com.
Limite 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.
Warranty exclusions
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. Wiral
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
WIRAL OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Some
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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.
Shipment and Delivery
Customer understands that all estimated and scheduled
shipment dates are estimates only. Wiral will make reasonable
eorts 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.
The product must be delivered to the delivery address
specified by the Customer in the order form. The Customer is
responsible for ensuring that the correct address is registered
at all times, and Wiral shall not be liable for any loss resulting
from the Customer’s failure to update his delivery address.
Delivery has occurred when the Customer, or his
representative, has taken possession of the Product. The
risk of the Product passes to the Customer when he or his
representative has received the Product. If the Product is not
collected or received on time, and if this is due to the Customer
or circumstances related to the Customer, the risk passes to
the Customer when the item is at his disposal and the failure to
take possession of the Product constitutes a breach of contract
by the Customer. Wiral reserves the right to charge the
Customer for extra shipment costs due to Customer’s failure to
collect the Products in time.
Return of Defective and Nonconforming Products
In the event of a defective delivery or a delayed delivery in
accordance with clause 5 above, the Customer may claim the
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remedies available in accordance with applicable consumer
purchasing legislation, including (if and as provided for by
applicable laws) fulfillment of the contract, rectification,
delivery of substitute goods or price reduction, termination
or compensation. If there is a defect in the delivered Product,
the consumer must, within a reasonable time aer he or she
discovered or should have discovered such defect, inform
the seller that he or she will make a claim. Claims relating to
defective Products must be made no later than two years aer
the consumer took possession of the Product.
To the extent permitted by applicable laws, Wiral excludes its
liability for any indirect or consequential damages caused by
any defect or delay, except for damages caused intentionally or
by gross negligence.
You must obtain a Return Materials Authorization (“RMA”)
number from us prior to returning any Products to us under
this warranty or the Right to Cancel. You agree to pack the
Product that you are returning, either under the Right to Cancel
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 Right to Cancel 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 nondefective Product to you.
Whether through our Right to Cancel Guarantee or through our
Warranty, both described above, you can only make returns as
follows:
• Before requesting an RMA, please contact our customer
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