General Terms & Conditions

The Dutch version prevails in case of conflict, except toward consumers, for whom the reading most favourable to them applies (Art. 19 of the Terms).

GENERAL TERMS OF SALE: INCUTEC BV

Article 1: Identity of the seller

Name	Incutec BV
Registered office	Stapelhuisstraat 15, 3000 Leuven
Company number	1038.934.039 (KBO, RPR Leuven)
VAT number	BE 1038.934.039
Email	contact@opendrone.be
Telephone	+32 491 97 83 61
Website	opendrone.be (webshop) · incutec.eu
IBAN	BE94 7310 7599 3714 (KBC)

Article 2: Scope

2.1. These terms apply to every offer made by Incutec BV and to every distance contract concluded between Incutec BV and the consumer/customer.

2.2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer in a manner that allows the consumer to store it on a durable medium.

Article 3: Offer and prices

3.1. Prices are shown in the currency for the selected delivery destination. The final product price, applicable taxes and shipping charge are disclosed before payment. EU prices include VAT. Article 7ter applies to deliveries to the United States; Article 7quater applies to other destinations outside the EU.

3.2. An offer is valid while stocks last. Manifest errors or mistakes in the offer do not bind Incutec BV.

3.3. Incutec BV reserves the right to change prices. Orders in progress are not affected by price changes.

Article 4: Contract

4.1. The contract is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.

4.2. Incutec BV confirms receipt of the acceptance of the offer electronically without delay. As long as receipt has not been confirmed, the consumer may rescind the contract.

4.3. The final button at checkout states unambiguously that placing the order involves an obligation to pay, in accordance with Art. VI.46 §2 of the Belgian Code of Economic Law (WER).

Article 5: Right of withdrawal

Art. VI.47 WER: 14 calendar days cooling-off period for consumers

5.1. The consumer may rescind a contract for the purchase of a product during a cooling-off period of 14 calendar days without giving any reason (right of withdrawal).

5.2. The cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer that is not the carrier, has received the product. If one order is delivered in several parcels, the period starts on the day after the consumer receives the last item.

5.3. During the cooling-off period the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning.

5.4. The consumer exercises the right of withdrawal by completing the model withdrawal form (annex), via the online form at opendrone.be/herroepingsrecht, or by making any other unambiguous statement to Incutec BV. The consumer returns the product within 14 days of the withdrawal statement.

5.5. The costs of returning the product are borne by the consumer.

5.6. Incutec BV refunds all payments, including standard delivery costs, no later than 14 days after receiving the withdrawal. It may withhold the refund until it has received the product back or the consumer has shown that it was sent back, whichever is earlier.

5.7. Reimbursement is made using the same means of payment as the original transaction, unless the consumer expressly agrees to a different means of payment.

5.8. Diminished value. The consumer is liable for any diminished value of the product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning (Art. VI.51 §2 WER). For electronics components this specifically means: soldering to the product, mounting it in a system, connecting battery power or motors and flight use go beyond that assessment; connecting via USB to check that it works does not. The diminished value is substantiated by Incutec BV, assessed on the actual residual value and deducted from the refund; only where the product has no residual value left can it amount to the full purchase price. The right of withdrawal itself is not lost.

Article 6: Exclusion of the right of withdrawal

6.1. The right of withdrawal does not apply to:

• Products which after delivery are inseparably mixed with other products by their nature
• Products made to the consumer's specifications or clearly intended for a specific person

Article 7: Delivery

7.1. Incutec BV delivers orders within the delivery time stated on the website. Final delivery deadline: 30 days after the order, unless otherwise agreed.

7.2. If delivery is delayed, the consumer is informed as soon as possible.

7.3. The risk of damage and/or loss of products lies with Incutec BV until the moment of delivery to the consumer.

7.4. Consumer delivery is available to the destinations offered at checkout. Deliveries outside the EU are for preorder batches only, under Article 7ter for the United States and Article 7quater for other destinations. Paid EU stock (Batch 1) is delivered within the EU only. The available delivery service and full delivery charge are shown before payment.

Article 7bis: Pre-orders

7bis.1. Some products are sold as pre-orders. They are disclosed as such, with their ship date, on the product page, at checkout and on the order confirmation. The consumer pays the full price and the shipping costs shown at checkout when the order is placed.

7bis.2. Pre-order products are produced in batches. The offer before payment and the order confirmation state the batch, any funding target and deadline, the ship-by date and the delivery deadline for the order. For the March 2027 batch, provided the funding target is reached by its deadline, items ship by 31 March 2027 and are delivered by 15 April 2027 in the EU or 30 April 2027 in the United States. For other destinations outside the EU and the United States, that funded batch ships by 31 March 2027 and is delivered by 30 April 2027 (Article 7quater). Paid Batch 1 orders ship on the date stated in the offer and are delivered in the EU by 30 November 2026. Delivery means receipt of the goods by the consumer. The consumer and Incutec BV agree that the delivery deadline disclosed before payment and in the order confirmation is the delivery period under Art. VI.43 WER, instead of the 30-day default in Article 7.1. For a combined order under Article 7bis.5, the latest batch's delivery deadline applies only if it was disclosed and agreed as the order's delivery deadline before payment. The target and deadline stated at checkout do not change for that order. This clarification does not extend any previously agreed ship-by or delivery deadline or limit the cancellation rights of consumers who have already ordered.

7bis.3. If a ship date moves, Incutec BV informs the consumer by email and states the new date. This is without prejudice to the consumer's rights under Art. VI.43 §2 WER. A moved ship date does not extend the ship-by date that applies to the order, except where the consumer keeps the order for a new ship date under Article 7bis.3bis. If Incutec BV has not shipped the item by that ship-by date, the consumer may terminate the contract for that item immediately, with a full refund within 14 days.

7bis.3bis. If a funding target is not reached by its deadline, Incutec BV informs every consumer who ordered that product by email. The consumer then chooses either to terminate the contract for that item, with a refund of all amounts paid for it within 14 days, or to keep the order for the new ship date stated in that email. If the consumer does not reply within 30 days of that email, the contract for that item is terminated and Incutec BV refunds all amounts paid for it within 14 days of the end of that period. A consumer who keeps the order may still withdraw at any time until delivery under Article 7bis.4, with a refund of all payments. If the refund leaves no item in the order still to ship, the shipping costs paid for the order are refunded as well.

7bis.4. The right of withdrawal under Article 5 applies to pre-orders. The consumer may also exercise it before delivery, through the online form at opendrone.be/herroepingsrecht or as set out in Article 5.4. If the consumer withdraws before delivery, Incutec BV refunds all payments within 14 days of receiving the withdrawal.

7bis.5. An order that combines items with different ship dates ships as one parcel, once every item is available (one delivery per order). If a funding target for an item in the order is not reached by its deadline, the rest of the order ships as soon as it is available, whichever the consumer chooses under Article 7bis.3bis. If the consumer keeps the order for that item, it ships separately at its new ship date at no extra shipping cost.

7bis.6. A pre-order payment is payment of the purchase price of the product ordered. It is not an investment, carries no interest and confers no share or other right in Incutec BV.

7bis.7. For EU deliveries, the consumer owes no additional import duty, import VAT or customs brokerage charge on delivery. Incutec BV arranges those charges where applicable within the agreed price. For deliveries to the United States, import duties remain included in the price (Article 7ter.6).

7bis.8. The price of a pre-order product rises in steps as paid units are counted. The price shown at checkout is the price of the order; later steps do not change it.

7bis.9. The delivered product matches the characteristics and specifications on the product page when the order was placed. Any material change is emailed before dispatch; the consumer may then terminate the contract for that item free of charge, with a refund within 14 days.

Article 7ter: Consumers with a delivery address in the United States

7ter.1. Scope. This article applies to consumers whose delivery address is in the United States of America. All other articles of these terms apply to them too. Where this article differs from another article, this article prevails for those orders. Belgian law governs the contract as set out in Article 14.1, without prejudice to any mandatory consumer protection of the place where the consumer lives that cannot be waived by contract.

7ter.2. What is sold and at what price. For deliveries to the United States, Incutec BV sells preorder products only. Prices are in US dollars. Shipping is a flat USD 9.95 per order. Items ship from Incutec or its fulfilment partner. The ship date stated on the product page and in the order confirmation applies to the order. For the batch in which the funding target is reached by 15 December 2026, the items ship by 31 March 2027.

7ter.3. Refunds. Incutec BV offers consumers in the United States the same right of withdrawal as consumers in the European Union. The consumer may withdraw from the contract without giving any reason before delivery, or within 14 calendar days after receiving the product, and receives a full refund of the price paid. Article 5 and Article 7bis.4 apply to the exercise of that right, the return of the product and the refund, in US dollars and to the original means of payment.

7ter.4. Shipping dates and delays (16 CFR Part 435). Incutec BV ships by the date stated when the consumer orders. If Incutec BV cannot ship by that date, it notifies the consumer as soon as it becomes aware of the delay and no later than that date, states a revised shipping date, and offers the choice to consent to the delay or to cancel the order for a full refund. If no definite revised shipping date can reasonably be given, the notice explains the reason for the delay and the continuing right to cancel before shipment. Incutec BV issues the required refund within 7 working days after the consumer's right to that refund arises. For credit or debit card payments, it sends refund instructions to the payment provider and confirms the refund amount and the date of those instructions to the consumer within that period. If the delay goes beyond 30 days after the stated date and the consumer has not consented to it, the unshipped order is cancelled automatically and refunded in the same way. If Incutec BV cannot meet a previously agreed revised shipping date, it sends a renewed delay notice as soon as it becomes aware of that and no later than that date. Without the consumer's express consent to a further delay by that date, the unshipped order is cancelled and refunded in the same way.

7ter.5. FCC equipment authorization and import clearance. Some products, such as flight controllers and receivers, are equipment subject to the rules of the Federal Communications Commission (FCC). Delivery of those products to the United States depends on FCC equipment authorization and US import clearance. If we cannot deliver an item to you for that reason, we refund that item in full. The order is therefore conditional on that authorization (47 CFR 2.803(c)(2)). FCC rules do not govern this contract or consumer protection; the consumer's rights are those in these terms and in applicable law.

7ter.6. Import duties and sales tax. Prices include import duties, and the consumer owes no duty, customs brokerage fee or import tax on delivery. Incutec BV does not collect sales tax on these orders unless the law requires it. If it does, the tax is shown before payment.

Article 7quater: Consumers with a delivery address outside the EU and the United States

7quater.1. Scope. This article applies to consumers with a delivery address outside the EU and the United States in a destination offered at checkout. The other articles of these terms also apply. Mandatory consumer protections in the place where the consumer lives remain applicable and cannot be waived by these terms.

7quater.2. Preorder batch and delivery. Only preorder batches are offered for these destinations. Paid EU stock (Batch 1) is not allocated to them. The product offer before payment and the order confirmation identify the batch, funding conditions, ship-by date and delivery deadline for the order. If the funding target for the March 2027 batch is reached by its stated deadline, the goods ship by 31 March 2027 and are delivered by 30 April 2027. Article 7bis applies to missed targets, delays, withdrawal, refunds and combined orders. These dates do not extend a deadline already agreed for an earlier order.

7quater.3. Prices and taxes collected at sale. Prices use the currency for the selected delivery destination. The final price, shipping charge and taxes collected by Incutec BV are disclosed before payment. Where VAT, GST or another sales tax must be accounted for at the time of sale or payment, Incutec BV accounts for it as required by law. It is included in the checkout total and itemised where the law requires. An order confirmation is not a VAT invoice unless it meets the applicable legal requirements.

7quater.4. Import charges. Unless expressly collected before payment, import duties, import VAT or GST, customs-clearance charges and carrier administration fees are payable by the recipient and are not included in the product price or shipping charge. Their amount depends on the destination's rules, the consignment and the carrier. A tax already collected for the same liability must not be charged twice. If the carrier charges an amount already collected at checkout, contact Incutec BV with the assessment so that the duplicate charge can be corrected or refunded. The EU and US import-charge promises in Articles 7bis.7 and 7ter.6 remain unchanged.

7quater.5. Lawful delivery and refunds. Offering products, accepting orders and delivery require compliance with the applicable product and import rules. A preorder does not replace a required authorization or state that a radio product already holds every required authorization. If Incutec BV cannot lawfully deliver an item, it cancels that item and refunds all amounts paid for it within 14 days. If the whole order is cancelled, all payments, including the shipping charge, are refunded. Any mandatory rule giving the consumer greater protection remains applicable.

Article 8: Payment

8.1. Payment is made by one of the payment methods shown at checkout before the order is placed. Payment is due in full when the order is placed.

8.2. The consumer has the duty to notify Incutec BV without delay of any inaccuracies in the payment details provided.

Article 9: Warranty

9.1. Incutec BV warrants that its products conform to the contract, the specifications stated in the offer, and reasonable requirements of soundness.

9.2. Legal warranty: 2 years in accordance with Directive (EU) 2019/771 (transposed into Belgian law by the Act of 20 March 2022). Where a lack of conformity becomes apparent within 2 years of delivery, the defect is presumed to have existed at the time of delivery (reversal of the burden of proof). Belgium applies the full 2-year reversal of the burden of proof, not the EU minimum of 1 year.

9.2bis. Goods with digital elements: Incutec BV's products contain firmware (digital elements) which is necessary for their functioning, within the meaning of Directive (EU) 2019/771 Art. 2(5b). Incutec BV ensures that the consumer is informed of available firmware updates necessary to maintain the product's conformity during the 2-year warranty period. Firmware updates are made available through the Open Source projects on which the products are based (Betaflight, AM32, ExpressLRS). Incutec BV maintains the hardware-specific support (board target definitions) needed to install these updates.

9.2ter. Hierarchy of remedies: In the event of a lack of conformity the consumer has the right to request, at their choice, repair or replacement of the product. The consumer may request a price reduction or termination of the contract where repair or replacement is impossible or disproportionate, where Incutec BV has not carried out or has refused the repair or replacement, or has not done so free of charge, within a reasonable time or without significant inconvenience, where the defect reappears despite an attempted remedy, or where the defect is so serious that an immediate price reduction or termination is justified (Art. 1649quinquies old Civil Code; Directive (EU) 2019/771 Art. 13(4)).

9.3. The legal warranty does not cover a defect caused by:

• Improper use or installation (deviation from the user manual), to the extent the defect was caused by it
• Normal wear and tear
• Modifications or reprogramming by the consumer, to the extent the defect was caused by them. Modifying Open Source firmware or hardware does not void the warranty for defects unrelated to the modification (see the warranty page)
• External causes (water damage, lightning, voltage or current outside specifications), to the extent the defect was caused by them

9.4. Inspection on a warranty claim. On a claim, Incutec BV examines the returned product and shares its findings with the consumer (photos and measurements where relevant). Traces of causes outside conformity, such as soldering damage to pads or connectors, reversed or excessive supply voltage, mechanical damage or water damage, can serve as proof to the contrary that the defect did not exist at delivery, or show that the legal presumption is incompatible with the nature of the defect (Art. 1649quater §4 old Civil Code). Return shipping, repair and replacement under the legal warranty are free of charge for the consumer. Before desoldering a product for a claim, the consumer is asked to send photos of it as mounted, so the cause can be assessed. This article does not limit the legal warranty; it describes how claims are assessed.

9.5. No commercial guarantee. Incutec BV offers no commercial guarantee on top of the legal conformity warranty. Any reference to "warranty" on the website or in product documentation refers to the legal warranty of Art. 9.2.

Article 10: Liability

10.1. Except for intent or gross negligence of Incutec BV or its agents, and except for non-performance of an essential obligation other than through force majeure, Incutec BV's liability for indirect or consequential damage is limited to the invoice amount of the order in question, without prejudice to the legal warranty (Art. 9) and product liability. This limitation does not affect the consumer's rights under the legal warranty or any other mandatory legal provision.

10.2. The limitation in Art. 10.1 does not affect the manufacturer's statutory product liability (Act of 25 February 1991; after transposition, Directive (EU) 2024/2853) nor the consumer's rights under the legal warranty (Directive (EU) 2019/771). Liability for death or personal injury cannot be excluded or limited (Art. VI.83, 25° WER).

10.3. Incutec BV is not liable for damage arising from the use of the product in breach of the user manual or outside the specifications.

10.4. Incutec BV's products are components intended to be integrated into systems assembled by the customer. Incutec BV is not liable for the customer's end product.

Article 10bis: Self-builds, drones and user responsibility

10bis.1. Self-built drones. Incutec BV's products are individual components and are not an unmanned aircraft system (UAS) within the meaning of Regulation (EU) 2019/945; they carry no class label (C0-C6). The products are sold individually and not as a ready-to-assemble kit for a complete aircraft. Anyone who assembles individually purchased components into a drone for their own use builds a "privately built UAS" within the meaning of Regulation (EU) 2019/947 Art. 2(16) and is themselves the builder and operator of that aircraft. All obligations arising from this, including operator registration, compliance with the category and subcategory rules (for self-builds: subcategory A1 only below 250 g, otherwise A3 or the specific category), airworthiness of the assembled aircraft and legally required insurance, rest on the customer, not on Incutec BV.

10bis.2. Radio configuration. Products with a radio transmitter are delivered with firmware whose adjustable transmission parameters stay within EU limits; as delivered, the product complies with the applicable regulations. Changing the regulatory domain, exceeding the EU transmit-power limits, or using EU settings outside the EU is a modification by the user (Art. 9.3); the customer is responsible for compliance with the regulations of the country where the product is used.

10bis.3. No safety-critical use. The products are designed for unmanned recreational and professional multirotors and model aviation. They are not designed, tested or approved for manned aviation, medical applications, nuclear installations, military applications, or any other application in which the failure of a component could reasonably lead to personal injury or significant damage. Such use is expressly outside the intended use.

10bis.4. Open Source firmware. The products run Open Source firmware (including AM32, Betaflight, ExpressLRS). Reflashing or modifying firmware by the customer is technically possible and anticipated by the open nature of the products; the behaviour and regulatory conformity of the product with modified firmware are the customer's responsibility (see also Art. 9.3 and the warranty page). The software licences (GPL, MIT) concern the firmware as software and do not affect the consumer's statutory rights in respect of the purchased product.

10bis.5. Not a toy. The products are not toys and are not intended for persons under 14 years of age. Assembly and use by minors only under adult supervision. LiPo batteries, spinning propellers and soldering carry real risks; the safety information supplied with the product must be read before use.

Article 11: Intellectual property

11.1. Incutec BV's published hardware designs are licensed under CERN-OHL-S-2.0 (see product page). The firmware is licensed under MIT or GPL (see product page).

11.2. The "Incutec" brand, the logo and product brand names are owned by Incutec BV. The use of Open Source licences does not grant any right to use Incutec BV's brand names.

Article 12: Personal data

12.1. Incutec BV processes personal data in accordance with the General Data Protection Regulation (GDPR). See the Privacy Policy at opendrone.be/privacy.

Article 13: Complaints

13.1. The consumer notifies Incutec BV within two months of discovering a lack of conformity (Art. 1649quater §2 old Civil Code). The legal warranty runs for 2 years from delivery.

13.2. Incutec BV acknowledges receipt of a complaint within 5 business days and responds substantively within 14 days.

13.3. If the consumer considers that a product constitutes a safety risk, this can be reported to contact@opendrone.be. Incutec BV investigates every safety report and takes corrective measures where necessary.

Article 14: Disputes

14.1. Belgian law applies to contracts between Incutec BV and the consumer, without prejudice to the mandatory provisions of the law of the country of the consumer's habitual residence (Art. 6(2) Regulation (EC) No 593/2008, Rome I).

14.2. The consumer may file a complaint with the Consumer Mediation Service / Consumentenombudsdienst (https://consumentenombudsdienst.be).

14.3. In disputes with consumers, the court of the consumer's place of residence has jurisdiction (Art. 17–18 of Regulation (EU) 1215/2012, Brussels I bis; Art. 624 of the Belgian Judicial Code). In disputes with businesses, the Leuven Enterprise Court has jurisdiction.

Article 15: Amendments

15.1. The version of these terms supplied and accepted before payment governs the order. Incutec BV may publish a new version for new orders from the effective date stated in that version. A later version does not change the terms, prices, ship-by dates or delivery deadlines already agreed for an existing order. Mandatory consumer rights apply from their statutory effective dates and are not postponed by publication of a new version. Version 2.8 applies to new orders from its publication on 1 October 2026; earlier orders retain their accepted terms and all mandatory rights. The delivery and refund clarifications in Articles 7bis.2, 7bis.7 and 7ter.4 do not withdraw any earlier promise or reduce a consumer's rights.

Article 16: Professional customers (B2B)

16.1. For transactions with businesses (professional customers acting within the scope of their professional activity), Articles 5, 6, 9 and 13 of these terms do not apply. In that case the provisions of the Civil Code apply. A customer who provides a company number or VAT number when ordering is deemed to act as a business.

16.2. For B2B transactions the Leuven Enterprise Court has exclusive jurisdiction.

16.3. Invoices to professional customers are issued through the legally required structured electronic invoicing channels where Belgian law so requires. In other cases, Incutec BV may use any other legally permitted invoice form.

16.4. B2B liability. Except for intent or gross negligence of Incutec BV, and except for damage from injury to life or physical integrity, Incutec BV's liability toward professional customers is limited per event and in aggregate to the invoice amount of the order concerned, and liability for indirect and consequential damage, including loss of profit, loss of production and damage to other equipment, is excluded. Visible defects and non-conforming delivery must be reported in writing within 8 days of delivery on pain of forfeiture; hidden defects within 14 days of discovery and no later than 12 months after delivery (Art. 1648 old Civil Code). Repair or replacement is at Incutec BV's option.

16.5. B2B evidence. Between Incutec BV and professional customers, electronic records (order data, log files, production and test records) serve as evidence, subject to proof to the contrary.

Article 17: Force majeure

17.1. Incutec BV is not liable for delay or non-performance caused by circumstances beyond its reasonable control, including but not limited to: factory disruptions, shortages of raw materials or components, governmental measures, import or export restrictions, natural disasters, epidemics or pandemics.

17.2. In the event of force majeure, Incutec BV notifies the customer as soon as possible and offers, at the customer's choice, an alternative delivery date or full reimbursement.

Article 18: Acceptable End-Use

18.1. By placing an order, the customer accepts the Incutec End-Use Policy published at /end-use, and warrants that the goods will not be used for any of the excluded end-uses set out in §3 of that policy. Breach of this warranty constitutes a material breach of contract and entitles Incutec BV to cancel the order, refuse delivery, and pursue any remedy available under Belgian law and applicable EU regulations. On cancellation or refusal of delivery, Incutec BV refunds a consumer all payments within 14 days.

18.2. No re-export to Russia or Belarus. The customer undertakes not to sell, export or re-export, directly or indirectly, to the Russian Federation or Belarus, or for use in the Russian Federation or Belarus, any goods supplied under this contract, including goods that fall under Article 12g of Regulation (EU) 833/2014, such as common high priority items (Art. 12g Regulation (EU) 833/2014; Art. 8g Regulation (EC) 765/2006). This undertaking constitutes an essential element of the contract, and its breach is an essential breach of contract. On breach, Incutec BV may terminate the contract and claim damages. Where there are grounds to suspect circumvention of this provision, Incutec BV refuses delivery and may cancel the order; it then refunds all payments for that order within 14 days. The customer shall inform Incutec BV immediately of any breach and of any activity by third parties, including possible resellers, that could frustrate the purpose of this provision.

Article 19: Language

19.1. In the event of a conflict between the language versions of these terms, the Dutch text prevails, except toward consumers, for whom the reading most favourable to them applies (Art. VI.37 §2 WER).

Article 20: Severability

20.1. If any provision of these terms proves wholly or partly void or unenforceable, the remaining provisions remain in full force. Between businesses, the void provision is replaced by a valid provision that approximates the original intent as closely as possible.

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Version: 2.8, published 2026-10-01; applies to new orders from publication. Earlier orders retain their accepted terms.