General Terms & Conditions

IMPORTANT

Who you are contracting with:

  • www.microdrone.co.za (the "Website") is owned and operated by microdrone.co.za, a division of B Volume (Pty) Ltd, registration number: 2014/106460/07 (hereinafter referred to as "Micro Drone").
  • Visitors to the Website ("Users" or "you"), including those Users who purchase any products on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.

Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:

Part 1: Purchases from Micro Drone - terms and conditions applying to purchases from Micro Drone

Part 3: General - terms and conditions applying to your use of the Website and any purchases made by you on the Website. Please take note of the Disclaimer clause in particular.

PART 1: PURCHASES FROM MICRO DRONE

Micro Drone Products & Availability

Stock availability: Stocks of all goods on offer are limited. Micro Drone shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Micro Drone be unable to fulfill any order placed by you at the advertised price due to stock having sold out, Micro Drone will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy")

Errors: Please note that although Micro Drone endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Micro Drone for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).

Agreements of Sale

Placing a product in a shopping basket or adding it to a wish list without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, Micro Drone may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Micro Drone liable if such product is not available when the purchase cycle is completed at a later stage. An agreement of sale only comes into effect if and when: (a) you electronically submit a properly completed order for one or more products in your shopping basket; and (b) payment is either authorised, or received by Micro Drone in its bank account.

Termination of Sales & Cancellation of Orders

  • By Micro Done: Micro Drone reserves the right, for purposes of preventing suspected fraud to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Micro Drone, in whole or in part, on notice to you. Micro Drone shall only be liable to refund monies already paid by you (see Micro Drone's Refund Policy in this regard), and accepts no other liability, which may arise as a result of such refusal to process any order/sale.
  • By You: Save for certain exceptions, and subject to certain charges, you are entitled to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.

Amounts payable by You

  1. Prices: The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed. However, note the following for pre-order products (being products pre-ordered in advance of their public release dates): if the price of that product upon its release is lower than the price you paid for your pre-order, then your account will be credited with the difference.
  2. Delivery Charges: Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Please see details of Micro Drone's delivery charges here: http://www.microdrone.co.za/deliverycharges/
  3. Value Added Tax: Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
  4. Import Duties: Import duties may be payable by recipients of goods in foreign countries. Micro Drone does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.

Errors: Micro Drone shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Micro Drone will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

Payment Methods

Subject to any exceptions expressly mentioned below, your payment for any products ordered from Micro Drone must be made to us in any one of the following ways:

1. Credit card payments.

At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank's authorisation is not obtained, the order will be cancelled. Micro Drone may carry out certain fraud checks with the cardholder or the cardholder's bank, should Micro Drone be unable to verify the validity of the transaction the order will be cancelled.

Storing credit card details : Note that the Website may enable you to store your credit card details for easy usage later. However, Micro Drone is not the one collecting, storing or otherwise processing your credit card details. Instead it is PayU Payment Solutions (Pty) Ltd ("PayU"), a Payment Card Industry ("PCI") compliant payment service provider, who will collect, store and process your credit card details for you, and display them to you later on the payment page of the Website and/or other external websites, which support this PayU facility. More specifically, by selecting to have your credit card details stored, you will be doing the following:

  • Contracting with PayU who will collect, store and process your credit card details for you on its systems in an encrypted format in PayU's secure PCI compliant environment (which is why you will be clicking to agree to its standard terms of service that are applicable to you);
  • Agreeing that Micro Drone may disclose (by means of a link between the Website and the systems of PayU) to PayU such of your information that Micro Drone has on record as is necessary to enable PayU i) to verify your identity and determine whether you are already a registered PayU user or not; ii) to create a profile for you and store your credit card details with reference to that profile; and iii) to check against your profile and pre-populate your credit card details on the Website, whenever you log into your account (without you having to actively call upon PayU to do so each time).

2. Bank deposits & Electronic Funds Transfer

If you select to pay via this method, instructions will be given on how to deposit monies into Micro Drone's bank account and it would be subject to the following rules:

  • The exact amount must be paid.
  • The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
  • No transfers may be made from ATM's.
  • Cheque deposits are subject to a clearing period.
  • No bank deposits are accepted from outside the borders of South Africa.
  • your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.

Deliveries

Micro Drone delivers to addresses both within and beyond the borders of South Africa.

The following types of products which will only be delivered to addresses within the Republic of South Africa:

  • Items that weigh 10kg or more.

Delivery charges are calculated automatically on the total value and weight of all products included in an order, when the order is created. Please read our Delivery Charges page for further details.

Delivery Periods:

  • Delivery periods are only regarded as having commenced upon payment confirmation being received by Micro Drone. If paying with a specific credit card for the first time on the Website, or if Micro Drone regards the transaction to be large and/or unusual, Micro Drone may carry out certain fraud checks with the cardholder's bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
  • Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for eg, if you order something over the weekend, the delivery period will only start running on the next business day.
  • If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. So, if you want to order various products where some have a shorter delivery period than others (including so-called '24 hour dispatch products'), Micro Drone recommends that you order such products separately from the products requiring longer delivery times.
  • Micro Drone makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.

Outside the borders of South Africa

Goods to the following international destinations are sent as follows:

African countries - delivery to a post office in such African country or via courier;

  • All other countries - via airmail parcel post or via courier (the costs of courier delivery usually being very high and determined on an ad hoc basis).
  • Delivery usually takes place within 2 or 3 weeks after dispatch, however, seasonal peaks and delays at customs is outside the control of Micro Drone and deliveries may take up to 12 weeks.

Pre-order products

Pre-order products (being products you can order in advance of their public release date) will be handled separately, and will be shipped when ready. If you have any pre-orders in your basket together with other products, the basket will be split into a different orders, and you may choose different delivery addresses for each order.

Vouchers & Coupons

Micro Drone may make physical and/or electronic gift vouchers ("Vouchers"), as well as electronic promotional coupons ("Coupons") available on the Website from time to time. Vouchers and Coupons can only be redeemed while they are valid (their expiry dates being unable to be extended), and on the Website towards the purchase of Micro Drone products. More specifically:

Gift Vouchers

Physical Vouchers can be purchased and will be delivered in the same way that Micro Drone products are, either on their own or together with other products. However, if you place any electronic Vouchers in your shopping basket with other goods, the system will split the basket contents into two orders (one for the goods, and one for the electronic Voucher/s). Payment for the electronic Voucher/s will also be obtained from the bank immediately.

Vouchers cannot be:

  • Used to purchase other Vouchers or Coupons.
  • Exchanged for cash or
  • Transferred or assigned to any other person once already partially redeemed towards a purchase.

Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Micro Drone products listed on the Website.

Promotional Coupons

Coupons are issued electronically at Micro Drone own discretion. Users do not have a right to Coupons and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself:

  • A Coupon can only be used with promotional offers on the Website.
  • Only one Coupon can be used per shopping basket; and
  • The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the products in your shopping basket have qualified for 'Free Delivery', but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you.

Note that Coupons cannot be:

  • Used to purchase other Vouchers or Coupons.
  • Exchanged for cash; or
  • Transferred or assigned to any other person.

PART 2 - GENERAL

Note that this Part 2 applies to all purchases made on the Website

Restrictions on Sales

Age restrictions:

The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such and that these restrictions are observed. Accordingly you indemnify Micro Drone from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.

Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy.

Sales Records

A full record of every sale and related transaction between you and Micro Drone shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer

Save for MicroDone being liable to you:

  • Under the Consumer Protection Act 68 of 2008 ("CPA") in relation to any products sold by Micro Drone to you via the Website; and
  • Under sections 43(5) and 43(6) of the ECT Act in relation to Micro Drone's payment systems not being sufficiently secure,neither Micro Drone nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Micro Drone makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to support@microdrone.co.za

Although the products sold via the Website may be under warranty, the Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Micro Drone and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of these T&C, you and Micro Drone submit to the non-exclusive jurisdiction of the South African courts.

Privacy

We respect your privacy and will not disclose your personal information to third parties for marketing purposes if you have requested us not to do so (which you are able to do at any time). The manner in which we use your information is regulated in more detail as described in our Privacy Policy ("Privacy Policy"). The Privacy Policy is hereby incorporated by reference into these T&C. So, if you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not agree to these T&C and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the T&C, including the Privacy Policy.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Micro Drone suffers any damage or loss.

You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.

You allow Micro Drone to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are Secure Socket Layers encrypted. Micro Drone registration documents and the Website's registered domain name are checked and verified by Thawte.

Changes to Agreement

Micro Drone may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Between you and Micro Drone: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Micro Drone on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Micro Drone, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. . The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

Address for Notices

Micro Done chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 92 Stella Street, Brooklyn, Pretoria, South Africa with a copy to support@microdrone.co.za   (the sending of such copy being required in order for any notice to be validly delivered to Micro Drone).

Term and Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Micro Drone from time to time (as described above), for so long as the Website exists and is operational, Micro Drone being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Micro Drone).

Copyright & other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these T&C, vests in Micro Drone and all rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this Website support@microdrone.co.za or phone customer support on +27 (0) 10 594 4691 for assistance.

Micro Drone cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Micro Drone of any content that may be offensive or illegal.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Micro Drone and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to Micro Drone, you consent to receiving communications from Micro Drone electronically and agree that all agreements, notices, disclosures and other communications sent by Micro Drone satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".

Hyperlinks, Framing, Spiders & Crawlers

Hyperlinks provided on this Website to non-Micro Drone sites are provided as is and Micro Drone does not necessarily agree with, edit or sponsor the content on such web pages.

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Micro Drone. Such permission could be obtained from support@microdrone.co.za .

Information

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

Full name: Micro Drone, a division of B Bolume (Pty) Ltd, registered in South Africa, registration number 2014/106460/07

Main business: Online retailer

Address for receipt of legal service: 92 Stella Street, Brooklyn, Pretoria, South Africa

Office bearers: Gerhard Stols (Director)

Website: http://www.microdrone.co.za/

Official email address: support@microdrone.co.za

PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.justice.gov.za/legislation/acts/2000-002.pdf

Code of Conduct: not applicable

Here the 12 most important things you need to know about the rules in accordance with part 101 of Civil Aviation regulations.

  1. You need to have a CAA approved and valid remote pilot licence as well as a letter of approval to operate the drone.
  2. The letter of approval will be valid for 12 months. While you do not need to have these documents when buying a drone, the seller will have to make you aware of the requirements as stipulated in the SACAA regulations.
  3. Drones cannot fly more than 400ft or 120m above the ground, nor within in 10km of an aerodrome.
  4. Drones cannot be flown within 50m above or close to a person or crowd of people, structure or building – without prior SACAA approval. Nor can you fly drones adjacent to or above:
  • a nuclear power plant
  • a prison
  • a police station
  • a crime scene
  • a court of law
  • national key points
  1. The rules do apply to toy aircraft or unmanned free balloons or other types of aircraft which cannot be managed on a real-time basis during flight.
  2. You cannot use a public road for the take-off or landing of a drone.
  3. You cannot use a drone in adverse weather conditions, where your view of the drone is obstructed  since visual contact  must be maintained with the RPA by the operator – unless in approved beyond visual line of sight or night operations.
  4. Drones need to give way to all manned aircraft and should avoid passing over, under or in front of manned aircraft, unless it passes well clear and takes into account the effect of aircraft wake turbulence.
  5. RPA pilots will be required to tune into the air traffic services for the controlled airspace they will be flying the drone, reporting co-ordinates to said traffic controllers – all flight activity also needs to be recorded in a logbook.
  6. Drones cannot be used to transport cargo or make deliveries
  7. Drones cannot tow another aircraft, perform aerial or aerobatic displays or be flown in formation or swarm;
  8. All incidents involving an RPA must be reported, especially where there is any injury to a person; damage to property; or destruction of the RPA beyond economical repair.

The full details of the CAA Aviation regulations related to RPAS Part 101 can be found on http://www.caa.co.za/Pages/default.aspx