Terms of service

 

SALES – TERMS & CONDITIONS- FOR CONSUMER PURCHASE 

The following Terms and Conditions  governs the purchase of  any sales and delivery of Dropracks roof -racks, equipment’s, or spare parts  (hereinafter as the "Product") from Dropracks AS, business register number 916 082 487, to any consumers or/ and end users (hereinafter referred to as the "Customer"), unless where there is a separate signed written agreement with you that expressly states the intention to supersede this Terms and Conditions.

The Terms and Conditions ( Terms) apply to all orders, and the Terms are subject to changes from time to time. By placing an order, you acknowledge you have read, understood, and accepted this Terms. Please note that local regulations may apply, depending on your jurisdiction. 

Any information given by Dropracks in commercials, on Dropracks homepage or in other promotional material, shall only be deemed indicative.

1. Ordering and Payment

1.1 Customers intending to purchase Products may do so by clicking on the "order now" (or similar) button on the Dropracks website and follow the instructions provided therein.

1.2 Once an order is placed and to the extent Dropracks confirms the order, Dropracks will send an order confirmation ("Order Confirmation") along with a copy of the Terms to the Customer's email address. Dropracks is not bound to sell any Product until an Order Confirmation has been issued and payment has been received by us in full. The Order Confirmation will contain information regarding the ordered quantity, applicable pricing, and the estimated shipment date.

1.3 Our acceptance of your order is expressly conditioned upon your unconditional acceptance of these Terms.  We do not accept any modifications to or exclusions of the Terms (in whole or in part) regardless of how you communicate any change request to us. Any attempt to modify or exclude the Term(s) will be null and void—therefore having no legal effect.

1.4 You must make payment for the Product in full at the time of submitting your order. Payment is tendered by supplying us with your debit or credit card details from a debit or credit card company honoured by us, or by any other payment method we make available on the Dropracks website.

1.5 When placing your order on the Dropracks website, you agree your order is subject to the then current version of the Terms (subject to change from time to time by us). You are responsible for maintaining compliance with the Terms and any updated versions thereof. 

2. Description of the Product

2.1 Dropracks strives to provide a complete and accurate description of the Products. Nevertheless, Dropracks  cannot guarantee a full and complete resemblance between the illustration material, such as pictures, videos, and written descriptions, and the actual products.

2.2 In the event a Product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Dropracks suppliers, Dropracks shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Dropracks shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Dropracks shall immediately issue a credit to your credit/debit card account for the amount of the charge.

3. Price and Taxes

3.1 The total purchase price for the Product is displayed during the ordering process. Prices include VAT. Payments are required to be made in accordance with the payment method chosen by the Customer during the ordering process. Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

3.2  The web site contains a number of Products, and it is always possible that, despite our best efforts, some of the Products listed on the site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

3.3 You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

4. Shipment and Delivery

4.1 If not otherwise agreed in writing,  delivery term will be "DDP”, Delivered Duty Paid, (Incoterms 2020 ).  Dropracks bears the costs and risks associated with transporting the Product, and shall clear the goods not only for export, but also for import, pay all customs duties for export and import and fulfil all customs formalities. 

4.2. The Product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring the correct address is registered. Once the Product is received by the Customer, ownership of the Product and the risk of loss pass to Customer. 

4.3 Estimated time for shipping is stated in the order confirmation. Please note the estimated time for shipping is only an estimate and may change. Dropracks will keep you duly informed of any changes affecting the delivery of your Product. 

4.4 Dropracks is not liable for any delays due to export/import control or required export licenses regardless of which countries the Products or spare parts hereto are shipped from or delivered to, including but not limited to Europe, USA, or Canada, and any estimated date shall be postponed by such delay.

4.5 Dropracks 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.

4.6 If Customer purchases multiple Products, we may fulfil the order in instalments and charge Customer separately for each instalment. Dropracks have the right to allocate our available inventory of the Products among other purchasers in such manner as we deem appropriate under the circumstances – and at our sole and absolute discretion.

4.7 Dropracks reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Product(s) in time.

5. Warranty

5.1 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 the Product, you may view our webpages, or/and contact us on our webpages.

5.2 The limited warranty covers Dropracks Products for the benefit of the Customer for the period specified below. 

5.3 Dropracks warrants that the Product shall be free from original defects in material and workmanship, (except consumable items, such as, without limitation,rubber and plastic wear strips, stickers, ), for a period of twenty-four (24) months commencing from the date of the delivery.

5.4 Our sole obligation in the event of such defect during this period is to repair or replace the defective part, or the Product with a comparable part or Product. How we replace or repair the Product is at our sole and absolute discretion. Replaced or repaired Products will have a warranty period equal to the remainder of the original warranty period, or thirty (30) calendar days from the date of delivery of the replaced or repaired Product to you, whichever is longer.

5.5 This warranty does not cover problems caused by normal wear and tear (including, but not limited to, scratches, dents, tears, or aesthetic oxidation of surfaces, or natural breakdown of colours and materials over extended time and use), accidental damages, unlawful vehicle operation, or modifications or repairs not performed or authorized by Dropracks.

5.6 In addition, this warranty does not cover problems resulting from conditions beyond Dropracks control including, but not limited to, theft, misuse, overloading, or failure to assemble, mount or use the Product in accordance with Dropracks’ s written instructions or guidelines included with the Product or made available to the Customer. 

5.7 Unless specifically stated in writing, Dropracks does not warrant that the Products are fit for certain purposes, and it is entirely Customer's obligation to evaluate whether the Products fulfil the Customer's needs and ability to operate in connection with Customer's other equipment and operational environment

5.8  In order to exercise this warranty, the Customer must provide a written warranty claim promptly after a defect has been established, and in any event before the expiry of the warranty period, specifying the details of the defect. Failure to do so will result in a repair charge being levied based on cost and time to repair the defective Products.    

5.9 In event of a warranty claim, Dropracks will carry out any required remedial action within a reasonable period. Notwithstanding the foregoing, Dropracks shall bear no responsibility for any incidental costs, such as decommissioning, detachment, retrieval, reattachment, and recommissioning costs.

5.10 Dropracks is not responsible for defects, which were not inherent in the Products at the time of delivery. Dropracks is not liable for defects which arise from poor maintenance, incorrect installation by the Customer, or modifications or repairs conducted by the Customer. 

5.11  The responsibility and cost of shipping the Products to Dropracks will be on the Customer’s account, and the responsibility and cost of shipping to the Customer’s office address is on Dropracks ’s account. If for practical reasons remedy has been agreed to take place on site, all additional costs relative to Dropracks personnel, including but not limited to travel expenses, waiting time on site and other time spent, will be invoiced to the Customer at cost plus a surcharge of 10 % to cover general and administrative costs.

5.12 THIS LIMITED WARRANTY ONLY APPLIES TO ORDERS PLACED ON OUR WEBSITE (OR OTHERWISE DIRECTLY WITH US) AND ONLY TO THE ORIGINAL PURCHASER. All Products returned to us become our property.

5.13 SECTION 5 OF THE TERMS PROVIDES THE SOLE WARRANTY UNDER THE TERMS. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED.

5.14 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DROPRACKS OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

5.15 You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us under the limited Warranty. You agree to carefully pack the Product that you are returning, 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 opt to repair or replace your Product under the Limited Warranty, we will pay the return costs for ground shipping. If we reasonably determine the Product, you returned is not defective or does not fall within the right to cancel pre-orders, we will contact you and will arrange for reshipment to you at your cost. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.

Through our limited warranty, you can only make returns as follows:

• Contact customer support through our website and give a detailed description of the problem with your product.
• If we are unable to solve your problem via email, please request an RMA number. If our customer support determines you are within your warranty coverage you will be issued an RMA number together with an RMA form.
• Package Products with the required care along with a copy of the RMA form.

Write the RMA number on the outside of the box and send it to the address stated in the RMA form

6. Complains

6.1 If there is a deficiency or loss in the Product, the Customer must notify Dropracks within a reasonable time  after he or she discovered, or should have discovered it, notify Dropracks that he or she will invoke a defect (complaint). This deadline for making a claim may never be shorter than two (2) months from the time when the Customer discovered the defect.

6.2 Complaints must take place no later than two (2) years  after the Customer took over the Product .          This does not apply to the extent that Dropracks has assumed responsibility ( guarantee) for a longer time. 

6.3 Instead, a complaint can be made to the person who, by agreement with Dropracks, has undertaken to remedy defects.

6.4 If the Customer does not complain on time, the right to make the defect is lost. This does not apply if Dropracks has acted grossly negligently or otherwise in violation of integrity and good faith. The right to make the defect or loss applicable may also be lost under the rules of the statutes of limitations ( foreldelsesloven).

6.5 The Customer can choose between requiring Dropracks to correct the defect or deliver similar Products      (re-delivery).  This does not apply if the execution of the claim is impossible or if Dropracks incurs unreasonable costs.

6.6  Otherwise, refences is made to the provisions of the Norwegian Consumer Purchases Act                                 ( Forbrukerkjøpsloven), which shall apply for consumers.

7. Withdrawal (for European economic area (“EEA”) and for consumers only)

7.1 You as a consumer have  the right to withdrawal from the agreement (right of withdrawal) by notifying Dropracks before the expiry of the withdrawal period according to Norwegian law of withdrawal for consumers ( Lov om opplysningsplikt og angrerett ved fjernsalg og salg utenom faste forretningslokaler (angrerettloven).

7.2 The withdrawal period expires 14 calendar days from the day  the day the Customer receives the Product in physical possession.  The form of withdrawal can be downloaded from:   https://www.regjeringen.no/no/dokument/dep/bld/skjema/skjema-2/skjema-om-angrerett/id614564/

7.3 If you are a consumer within the EEA, you may return any ordered Product by notice to Dropracks within the earlier of 14 calendar days after you became in physical possession of the Product or otherwise could have become in physical possession pursuant to collection at the point of delivery. You are not required to state any reason for the return. 

7.4 The Product shall be shipped back to Dropracks within 14 calendar days after the notice has been given. The purchase price and all other costs connected to the order will be reimbursed by Dropracks, but Dropracks may charge you delivery costs if you specifically requested non-standard delivery (such as express delivery). However, you are responsible for covering the return shipment costs to Dropracks.

7.5 To exercise the right to withdrawal under this provision, we ask you to use the standard form for withdrawal according to clause 7.2.

If not using the standard form, please indicate the transaction number, contact information (name and address) and reason for withdrawal (optional). All communications are sent electronically via the request form on our webpages.

7.6  The Product should be returned to Dropracks address : Vikelvfaret 4, 7054 Ranheim , Norway.               Please contact customer support for help with shipping. If not using the right to withdrawal as a consumer, you may only return Products that are defective or non-conforming in accordance with Section 5 of the Terms.

8. Limitation of Liability and Indemnification

8.1  The Customer shall indemnify and hold Dropracks harmless from any claims asserted against Dropracks by any third party if the basis of such claim is the use and operation of the Product.

8.2 SUBJECT TO OUR WARRANTY PROGRAM AS EXPRESSLY PROVIDED IN THE TERMS, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, DROPRACKS EXCLUDES ITS LIABILITY FOR ANY INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE CAUSED BY ANY DEFECT OR DELAY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,  EXCEPT FOR DAMAGES CAUSED BY US INTENTIONALLY OR BY GROSS NEGLIGENCE, AND THIS EXCLUSION OF LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN INFORMED OF SUCH POTENTIAL LOSSES BY YOU.

8.3  Dropracks’s liability for any loss or damage attributable to Products delivered by Dropracks - including Dropracks's cost of repair and/or replacement and including any liability and cost of fulfilment of obligations   shall in any event be limited to the 100 % of the purchase price for the Product in question.   

8.4  YOU AGREE TO INDEMNIFY AND HOLD DROPRACKS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISORS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO DAMAGES, LEGAL FEES, COSTS, AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE ORDER AND/OR YOUR USE OR MISUSE OF THE PRODUCT(S).

10. Ownership and assumption of risks

10.1 Dropracks retains sole and exclusive ownership to all Products until the price has been paid in full. According to the Norwegian mortgage law paragraph § 3-14  and § 3-22 its sales pledge on the delivered Products until the price inclusive any interests and costs has been paid in full.

10.2 You agree to comply with all applicable local, state, and national laws in connection with your use of the Product. You understand and agree 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 environmental damages ("High-Risk Activities").   You agree to take reasonable precautions when using your Product.

10.3 Dropracks 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 Dropracks published information, specifications, and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, use of the Product for High-Risk Activities, use of the Product in combination with any third-party device not provided or recommended by Dropracks, and affixing anything to the Product;
• Repairs, modifications or adjustments to the Product made by a party not authorized by Dropracks;
• Damage from any external cause, including, but not limited to, sand, dirt, water, 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 Dropracks is responsible, including your failure to properly operate the functionalities of the Product;
• Improper use such as allowing the Product to block traffic or interfere with anything that may crash into the line, failure to maintain line-of-sight with the Product when using it, attempting to charge the Product with chargers not provided by Dropracks;
• 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 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 detects any defect, including erratic responses to user input;
• Any other use of the Product that is reasonably construed as improper.

11. Force majeure

Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party including but not limited to any Act of God, act of terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, fire, storm, power outage, strike, flood or any other natural or manmade eventuality outside of our control, which causes the termination of the contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable efforts to comply with these terms and conditions.

12. Intellectual property rights

12.1Dropracks shall retain any and all intellectual property rights (including acquiring any and all derivative rights) related to the Product, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design, copyrights, trade secrets, and trademarks. No intellectual property rights are transferred from Dropracks to the Customer under this Terms. All rights not expressly granted are reserved by Dropracks.

12.2 Dropracks will not be liable in any way for claim of infringement arising from; i) modifications not made by Dropracks, ii) compliance of Dropracks Products with third party or Customer designs, instructions, specifications, or technical information, iii) Customer's use of the Product with products that are not delivered by Dropracks, or iv) Customer's non-conformities in any way regarding specifications provided by Dropracks.

13. Default by the Customer

In the event of Customer breach of any of the Terms, Dropracks may suspend delivery of any Product(s) and may cancel any outstanding order(s) at our sole and absolute discretion. These rights are in addition to any other rights available to Dropracks at law or in equity.

14. Personal Data

Dropracks  is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. For further information on Dropracks processing of personal data, including information about your rights, please refer to Dropracks Privacy Policy Statement, which is available at our website.

15. Severability

15.1 These Terms constitute the entire and exclusive understanding and agreement between you and Dropracks regarding the purchase of  Products, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase. The United Nations Convention on the International Sale of Goods is disclaimed.

15.2 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.

15.3 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.

15.4 Dropracks'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 Dropracks.

15.5 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.

16. Disputes

16.1 For any dispute, claim or controversy with Dropracks arising out of or relating to these Terms or the use of the Product, you agree to first contact us and attempt to resolve the dispute with us.

16.2 Any dispute or claim arising out of or in connection with this Terms shall be governed by and construed in accordance with the laws of Norway.

16.3 Any dispute arising out of or in connection with this Agreement shall be settled by Trøndelag Court as the court of first instance.

16.4 If you are a consumer within the European Economic Area (EEA), you may in lieu of a lawsuit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal. In all other respects, however, the Terms shall apply to the fullest extent permitted under applicable law.