Legal
General Terms & Conditions
GENERAL TERMS OF SALE: INCUTEC BV
Article 1: Identity of the seller
| Name | Incutec BV |
| Registered office | Stapelhuisstraat 15, 3000 Leuven |
| Company number | Published after incorporation (KBO) |
| VAT number | Published after incorporation |
| contact@opendrone.be | |
| Phone | Published after incorporation |
| Website | incutec.eu |
| IBAN | Published after incorporation |
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. All prices on the website are in euro, inclusive of VAT, exclusive of shipping costs (unless stated otherwise).
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 order button displays the words "order with 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.
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) or by making any other unambiguous statement to Incutec BV.
5.5. The costs of returning the product are borne by the consumer.
5.6. Incutec BV reimburses all payments made by the consumer, including any delivery costs, no later than 14 days after Incutec BV has received the product back, or after the consumer has demonstrated that the product has been returned.
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.
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
Note: Drone electronics are standard products: the right of withdrawal applies in practically all cases.
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. Incutec BV offers at least two delivery methods (Art. VI.45/2 WER: Act of 9 February 2024, applicable since 21 September 2024 for all Belgian webshops). The two methods must be substantially different (e.g., home delivery + parcel point; using two carriers that both offer only home delivery is not sufficient).
Article 8: Payment
8.1. Payment is made via the payment methods offered on the website (credit card, Bancontact, iDEAL, bank transfer, etc.).
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. Only where repair and replacement are impossible or disproportionate may the consumer request a price reduction or rescission of the contract (Art. 1649quinquies of the old Civil Code, as inserted by the Act of 20 March 2022 transposing Directive (EU) 2019/771).
9.3. The warranty does not cover damage caused by:
- Improper use or installation (deviation from the user manual)
- Normal wear and tear
- Modifications made by the consumer
- External causes (water damage, lightning, power surges outside specifications)
Article 10: Liability
10.1. 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 (Directive (EU) 2024/2853) nor the consumer's rights under the legal warranty (Directive (EU) 2019/771). Liability for bodily injury cannot be contractually limited (Art. VI.83, 32° 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 11: Intellectual property
11.1. Incutec BV's hardware designs are licensed under CERN-OHL-S-2.0. 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 is requested to notify Incutec BV as soon as possible of any lack of conformity. The consumer may exercise their rights under the legal warranty throughout the entire 2-year warranty period.
13.2. Incutec BV responds to complaints 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. Incutec BV reserves the right to amend these terms. Amended terms take effect 30 days after publication on the website. Contracts already in progress remain subject to the previous terms.
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.
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.
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.
Article 19: Language
19.1. The Dutch-language version of these terms is the authentic text. Translations into French, English or other languages are informative and not binding.
Version: 2.0