Terms and Conditions of Sale
1. Introduction
1.1 These Terms and Conditions of Sale (“Terms and Conditions”) govern the sale of products by Iris Innovations Ltd to You. Iris Innovations Ltd. is a company registered in England & Wales and our registered address is Unit 240 Ordnance Business Park, Aerodrome Road, Gosport. Hampshire PO13 0FG. United Kingdom
1.2 Your use of the Site itself is subject to our website TERMS OF USE.
1.3 Our Privacy Policy also governs your use of the Site. Please read the PRIVACY POLICY carefully for important information about our privacy practices.
1.4 Please read these Terms and Conditions carefully before ordering from the Site. By ordering any products from the Site you are indicating your acceptance to be bound by these Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent.
1.5 We reserve the right to change these Terms and Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
2. Ordering
2.1 You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the product you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order.
2.2 After submitting an order to us, you will be sent an order acknowledgement email. Please note, this email is an acknowledgement and is not an acceptance of your order.
2.3 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being shipped to you, unless we have notified you that we do not accept your order or you have already cancelled it.
2.4 You can check the status of an outstanding order at any time by locating the relevant order after logging into the ‘Your Account’ section of the Site, using the username and password which you will have been asked to create to become a registered customer of the Site.
3. Prices and Payment
3.1 The price of the products will be as quoted on our Site from time to time, except in cases of obvious error. Product prices are exclusive of VAT at the prevailing rate. The price quoted on our Site exclude delivery charges which are quoted separately on our Site.
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards by completing the relevant details on the checkout page.
3.4 Despite our best efforts, some of the products listed on our 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 the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price.
3.5 By using a credit/debit card to pay for your order, you warrant and confirm that the card being used is yours or, if not yours, you are authorized to use such card. All credit/debit card transactions are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.6 We recommend that you do not communicate your payment card details to anyone, including us, by email or chat. We cannot be responsible for any losses you may incur in transmitting information to us by internet link, or email or chat. Any such loss will be entirely your responsibility.
3.7 Please note the following with regard to any digital products, services and applications offered by Iris Innovations to be downloaded free of charge via the Iris Innovations Web Shop or any App Store (e.g. Apple App Store and Google Play Store). The data connection between the users’ device and the data server when using mobile online services, digital products or applications is not part of the services provided by Iris Innovations. Any data exchange to download or use digital products, services or applications via the internet may result in additional costs, depending on the users’ respective mobile phone and internet provider plan, especially when operating abroad (e.g. roaming charges). For information on mobile phone and internet plan terms and conditions, users have to contact their mobile carrier or internet provider.
4. Delivery and Returns Information
4.1 Any delivery date stated on the Site or in any document or email is approximate only and shall not constitute any guarantee of delivery on any particular date.
4.2 Title and risk of loss shall pass to you upon delivery of the products by us to the applicable common carrier, unless as otherwise agreed upon in writing by us.
4.3 Delivery charges will be added to the total amount due once you have selected a delivery service from the available options.
4.4 We will deliver to the address specified in your order. You cannot change your shipment address after your order is placed.
4.5 You have the right to cancel your order, return a product or cancel a service contract for any reason, within your statutory rights. To return a product purchased from the Site, please send your intent to return or cancel to us anytime prior to the date 30 days after the date you, or a person indicated by you, acquired physical possession of the product(s) by following the instructions on RETURNS REQUEST page, filling out your order details and requested information to request a refund.
Once you notify us of your intent to return, simply return the product with the original receipt, original packaging and its included accessories to us. You have a further 14 days after indicating your intent to return or cancel a service contract to then return your products. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Please note that you may not return the following, except in case of defect or lack of conformity:
- Electronic software downloads when download has begun with your prior express consent and acknowledgement that you lose your right of withdrawal.
- Services, after the services have been fully performed if performance has begun with your prior express consent and acknowledgement that you lose your right of withdrawal once the services have been fully performed. If services have not been fully performed, and you have requested performance to begin within 14 days from the date of conclusion of the service contract, you will be charged an amount proportional to the services rendered until the time you have informed us of your intent to cancel the service contract.
- Sealed software that was unsealed after delivery.
5. Warranties
5.1 Iris Innovations products purchased by you are subject to the applicable limited warranty terms and exclusions in effect at the time of shipment, as displayed on our website or as found in the product packaging.
5.2 These limited warranty terms do not affect your statutory rights and are in addition to consumer rights provided under UK laws or the laws of the country you reside in if you are a consumer.
5.3 To obtain product support and warranty service, please contact customer service by calling our UK office (+44(0)2392 556509) or US office (+1(754)755 5754) or email: support@boat-cameras.com
6. Product Information
6.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. Since the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product you receive.
6.2 Any information on the Site regarding sizing of products is included as a guide only. If you are uncertain about the size of any product, we recommend that you visit info@boat-cameras.com
7. Our Liability
7.1 Iris Innovations and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
8. Alternative Dispute Resolution
You may access the EU Online Dispute Resolution platform via the following link: http://ec.europa.eu/consumers/odr.
9. Export Control
9.1 This contract is subject to applicable export control laws. You may not export any product purchased from the Store to another country or region if prohibited by export control laws. If you do plan to export a product to another country or region, you must obtain any legally required export licences (or other government approvals) prior to doing so.
9.2 Where goods marketed on this website are subject to export controls, we will contact you after you order is placed in order to obtain the necessary information required for us to make the appropriate export licence application. No controlled goods will be shipped unless the appropriate export licence is granted, regardless of whether payment has been taken.
9.3 It usually takes around two to three weeks to obtain the appropriate export licence assuming all the information we require to do so has been correctly and legitimately provided, we are satisfied with our in house due diligence and the UK Export Control Organisation is satisfied with the information provided and have concluded their own due diligence checks. Any delays in this process our outside of the control and jurisdiction of Iris Innovations Ltd. Iris Innovations Ltd or its subsidiaries cannot be held responsible for any delays involved in the export licence application and awarding process and accept no responsibility whatsoever if the licence application is denied for whatever reason.
9.4 In the very unlikely event an export licence application is denied we will contact you by telephone or email to arrange either a refund or alternative product supply at our discretion.
9.5 Iris Innovations Ltd and its subsidiaries accept absolutely no responsibility or liability for the re-exportation of controlled goods by the customer which contravene export regulations and laws of the territories into which goods were originally supplied under the correct UK Export Licence as obtained by Iris Innovations ltd.
10. General
10.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions. Any failure by us to assert all or any of our rights upon your breach of these Terms and Conditions shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver by us be implied from the acceptance of any payment. Such waiver will arise only from an express written waiver signed by a duly authorized Iris Innovations representative. No waiver of any right shall extend to or affect any other right we may possess, nor shall such waiver extend to any subsequent similar or dissimilar breach.
10.2 The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply.
10.3 If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.
10.4 These Terms & Conditions shall be governed exclusively by English law. Without prejudice to the application of mandatory provisions, you submit to the jurisdiction of the courts of London England to settle any dispute which may arise under these Terms. If you are a consumer and have your habitual residence in the EU, the law of your place of residence shall apply to any dispute under these Terms & Conditions. In such a case, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the EU country in which you live.
Last updated: December 05, 2022