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 | 1038.934.039 (KBO, RPR Leuven) |
| VAT number | BE 1038.934.039 |
| contact@opendrone.be | |
| 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. 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), 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 reimburses all payments made by the consumer, including the standard delivery costs (not the surcharge for a more expensive delivery method chosen by the consumer), 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.
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, flashing other firmware 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
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 substantially different delivery methods (Art. VI.45/2 WER).
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. 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. 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 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 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. 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. 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.
18.2. No re-export to Russia or Belarus. The Customer undertakes not to sell, export or re-export the goods, directly or indirectly, to the Russian Federation or Belarus, or for use there (Art. 12g Regulation (EU) 833/2014; Art. 8g Regulation (EC) 765/2006). This undertaking constitutes an essential element of the contract. The Customer shall inform Incutec BV immediately of any breach; on breach, Incutec BV may terminate the contract and claim damages. Incutec BV refuses delivery where there are indications of circumvention 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.
Version: 2.1, last updated 2026-08-15