Terms, Conditions and Policies

TERMS & CONDITIONS

heliguy™

If you're purchasing a product from us - you're buying from:

Colena Ltd

Unit 9, Jupiter Court, Orion Business Park
North Shields
Tyne and Wear
NE29 7SE
United Kingdom
Company Number:  05819252

Terms and Conditions

See Colena Ltd policies for the UK, Europe and the Rest of the world.

Terms & Conditions of Sale

Last updated: July 21 2021

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they are acceptable to you. If you have any queries, please contact us on 0191 296 1024.

Application

  • These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Colena Ltd T/A Heliguy a company registered in England and Wales under number 05819252 whose registered office is at Unit 9, Jupiter court, Tyne and wear, NE29 7SE with email address info@heliguy.com; telephone number 01912961024; (the Supplier or us or we).
  • These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
  • Interpretation

  • Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
  • Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  • Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  • Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • Website means our website www.heliguy.com on which the Goods are advertised.
  • Goods

  • The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  • In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  • All Goods which appear on the Website are subject to availability.
  • We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
  • Personal Information

  • We retain and use all information strictly under the Privacy Policy.
  • We may contact you by email or other electronic communication methods and by pre-paid post and you expressly agree to this.
  • If you are a consumer

    These clauses only apply if you are a consumer (i.e. a person who is buying a Product for their own personal use and not for Commercial Operations).

    • We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
    • As a consumer, you have legal rights in relation to a Product that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

    If you are a business customer

    These clauses only apply if you are a business customer (e.g. a UAV operator business).

    • If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to access a Product.
    • These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms or any document expressly referred to in them.

    Basis of Sale

  • The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  • The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  • A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  • Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
  • No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  • We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
  • Price and Payment

  • The price of the Goods and any additional delivery or other charges is set out on the Website at the date of the Order or such other price as we may agree in writing.
  • Prices and charges include VAT at the rate applicable at the time of the Order.
  • You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
  • Delivery

    • We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
    • In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    • we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    • after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
    • If you treat the Contract as being at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
    • If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
    • If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
    • We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
    • You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
    • If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
    • The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

    Risk and Title

  • Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  • You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
  • Withdrawal, returns and cancellation

    • You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
    • This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
    • digitally activated content, licence keys or activation codes, if they have been activated or the foil cover has been scratched off; physical codes revealed by you; or if expiration period for any codes have passed.
    • goods that are made to your specifications or are clearly personalised;
    • goods which are liable to deteriorate or expire rapidly.
    • Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    • in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;
    • in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

    Right to cancel

  • Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  • The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
  • To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can inform us of your decision to cancel via email at info@heliguy.com. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use a Durable Medium such as email.
  • We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  • Effects of cancellation in the cancellation period

  • Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  • Deduction for Goods supplied

  • We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. Diminished value includes, but is not limited to, damaging packaging, activating, flying. And may also incur drone service fees.
  • Timing of reimbursement

    • If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    • 14 days after the day we receive back from you any Goods supplied, or
    • (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
    • If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
    • We will make the reimbursement using 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 the reimbursement.

    Returning Goods

    • If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at: Unit 9, Jupiter Court, Tyne and Wear, NE29 7SE without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods. You will incur a restocking fee if the goods have been activated and used in any manner.
    • For the purposes of these Cancellation Rights, these words have the following meanings:
    • distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    • sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

    Supply and use of the products

  • Heliguy shall supply and the Customer shall purchase Product(s) in accordance with these Terms.
  • Unless otherwise agreed between the parties in writing Products are intended for a non-military use only.
  • Neither party shall export, directly or indirectly, any technical data acquired from the other party under these Terms (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations, including United States, UK and EU export laws and regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval. The Customer shall ensure that the Products will not be exported, sold, diverted, transferred or otherwise disposed of in violation of any import or export legislation, either in their original form or after being incorporated into other items.
  • Manufacture, quality and packing

  • Heliguy shall manufacture, pack and supply the Product with reasonable skill and care in accordance with generally accepted industry standards and practices.
  • We recommend you carry out full flight checks and tests before flying a Product. Our website forums include postings on procedures you may choose to follow. If you believe the Product is faulty you must inform us immediately and before flying the Product.
  • Refund and/or exchange cannot be claimed for any crash or burning caused by non-manufacturing defects, as well as any damage caused by unauthorised modification, entry of foreign body (water, oil, sand, etc.), improper installation or operation.
  • Any faults must be reported before the Product is flown. If you attempt to fly the Product then your Product will not be classed as faulty and as such no refunds or returns will be accepted.
    • Magnetic interference can affect the compass on an autopilot and cause failure, particularly if it is placed near power transformers, high voltage cables or similar electrical devices. We expressly disclaim all warranties in relation to damage or failure due to magnetic interference. If you suspect failure due to magnetic interference, please contact us to establish this and resolve the issue.
    • Subject to clause 57, save for any defects which result from ordinary wear and tear or any handling (e.g. incorrect use, service or storage) of the Product by the Customer or third parties contrary to the Specifications or any other written recommendations regarding its use, Heliguy warrant that the Products supplied to the Customer by Heliguy under these Terms shall, for a period of 21 days after Delivery:
    • materially conform to the Specification;
    • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and materially fit for any purpose held out by Heliguy; and
    • comply with all applicable statutory and regulatory requirements in the United Kingdom.
    • To claim the benefit of the warranty set out in this clauses 55-64, you must inform us of the defect as soon as reasonably possible but in any event not later than 3 days after discovery. When notifying a defect, you should provide us with a documented example of the defect and allow us reasonable access to your premises, facilities and relevant personnel to resolve the relevant issues.
    • If you are a consumer, this warranty is in addition to your legal rights in relation to a Product that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
    • When requested, Heliguy shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition.
    • We recommend you employ a maintenance routine as taught on operator training courses such as BNUC-S and RPQ-S but we shall have no liability for any maintenance of the Product you conduct.

    Acceptance and defective products

    • Subject to clause 58, the Customer may reject any Products delivered to it that do not materially comply with the Specification, provided that notice of rejection is given to Heliguy:
    • in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery; and
    • in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 10 Business Days.
    • If the Customer fails to give notice of rejection in accordance with clause 65, it shall be deemed to have accepted such Products.
    • If the Customer rejects Products under clause 65 then the Customer shall be entitled to:
    • require Heliguy to repair or replace the rejected Products; or
    • require Heliguy to repay the price of the rejected Products in full.
    • Once Heliguy has complied with the Customer's request, it shall have no further liability to the Customer in respect of the rejected Products' failure to comply with this clause or the Specification.

    Lithium Polymer batteries (LiPo, Li-Poly)

  • You agree to use any Lithium Polymer batteries supplier in accordance with the manufacturer’s instruction. You must regularly check any Lithium Polymer batteries and store them in conditions consistent with the manufacturer’s instructions. We recommend that Lithium Polymer batteries are replaced after 250 cycles and they must be disposed of in accordance with WEEE (Waste Electrical and Electronic Equipment) regulations.
  • Fire can be caused by overcharging Lithium Polymer batteries (including the use of the wrong charger or charger setting, unbalanced battery load, charger fouled by poor power supply), charging a damaged cell or pack and short circuit (including crash damage).
  • Cells or packs can be damaged by over-discharging (including running too flat and/or too hot, discharging an unbalanced battery load), short circuit and crash damage.
  • Many airlines do not permit carriage of Lithium Polymer batteries. You must check airline policies and rules before attempting to fly with Lithium Polymer batteries on commercial airline flights.
  • Misuse, abuse, incorrect charging and discharging and all other inappropriate use of Lithium Polymer batteries is not covered under the warranty set out in clauses 55-64.
  • Our liability if you are a business

    • We only supply a Product for internal use by your business, and you agree not to use a Product for any resale purposes.
    • Nothing in these Terms limit or exclude our liability for:
    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation.
    • Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    • any loss of profits, sales, future sales, business, or revenue;
    • loss or corruption of data, information or software;
    • loss of business opportunity;
    • loss of anticipated savings;
    • loss of goodwill;
    • any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product;
    • any indirect or consequential loss; and
    • any modification to the Product made by the Customer, including but not limited to changes to default settings on autopilot, autopilot software and firmware (including upgrades), radio, ESC, prop changes, battery changes, weight changes that may affect flight or for damage caused by magnetic interference.
    • Subject to the events listed above in this section, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price you have paid for the Product to which the claim relates.
    • Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to a Product. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that a Product is suitable for your purposes.

    Conformity and Guarantee

    • We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
    • Upon delivery, the Goods will:
    • be of satisfactory quality;
    • be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    • conform to their description.
    • It is not a failure to conform if the failure has its origin in your materials.
    • We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
    • We will provide the following after-sales service: The seller will support the customer with aftersales phone and email support, We also provide an out of warranty service centre.

    Successors and our subcontractors

  • Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any subcontractors who it chooses to help perform its duties.
  • Circumstances beyond the control of either party

    • In the event of any failure by a party because of something beyond its reasonable control:
    • the party will advise the other party as soon as reasonably practicable; and
    • the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel.

    Privacy

  • Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
    • These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://www.heliguy.com/pages/terms-conditions-policies) and Cookies Policy (https://www.heliguy.com/pages/terms-conditions-policies).
    • For the purposes of these Terms and Conditions:
    • 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    • 'GDPR' means the UK General Data Protection Regulation.
    • 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
    • We are a Data Controller of the Personal Data we Process in providing Goods to you.
    • Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    • Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    • We will only Process Personal Data for the purposes identified;
    • We will respect your rights in relation to your Personal Data; and
    • We will implement technical and organisational measures to ensure your Personal Data is secure.
    • For any enquiries or complaints regarding data privacy, you can email: info@heliguy.com.

    Excluding liability

  • The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
  • Governing law, jurisdiction and complaints

  • The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days. Please call us on 0191 296 1024 or email info@heliguy.com.
  • Terms of Website Use

    These are our website Terms of Use, if you are looing for information regarding our sales policies, please see our Purchase Terms and Conditions of Sale.
     

    1. Terms Outline

    1.1 These terms and conditions govern your use of our website.

    1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

    1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

    1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy

     

    2. Copyright notice

    2.1 Copyright (c) 2014 heliguy.com.

    2.2 Subject to the express provisions of these terms and conditions:

    ( a ) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

    ( b ) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

     

    3. Licence to use website

    3.1 You may:

    ( a ) view pages from our website in a web browser;

    ( b ) download pages from our website for caching in a web browser;

    ( c ) print pages from our website;

    ( d ) stream audio and video files from our website; and

    ( e ) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

     

    3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

    3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

    3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

    3.5 Unless you own or control the relevant rights in the material, you must not:

    ( a ) republish material from our website (including republication on another website);

    ( b ) sell, rent or sub-license material from our website;

    ( c ) show any material from our website in public;

    ( d ) exploit material from our website for a commercial purpose; or

    ( e ) redistribute material from our website.

     

    3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

     

    4. Acceptable use

     

    4.1 You must not:

     

    ( a ) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

    ( b )use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    ( c ) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    ( d ) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

    ( e ) access or otherwise interact with our website using any robot, spider or other automated means;

    ( f ) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

     

    4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

     

    4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

     

    5. Products

     

    5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

     

    5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

     

    5.3 Prices stated on our website may be stated incorrectly.

     

    5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

     

    5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

     

    6. Registration and accounts

     

    6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

     

    6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

     

    6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

     

    6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

     

    7. User IDs and passwords

     

    7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

     

    7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

     

    7.3 You must keep your password confidential.

     

    7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

     

    7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

    8. Cancellation and suspension of account

     8.1 We may:

     

    ( a ) suspend your account;

    ( b ) cancel your account; and/or

    ( c ) edit your account details, at any time in our sole discretion without notice or explanation.

     

    8.2 You may cancel your account on our website using your account control panel on the website.

     

    9. Your content: licence

     

    9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

     

    9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

     

    9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

     

    9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

     

    9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

     

    9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

     

    9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

     

    10. Your content: rules

     

    10.1 You warrant and represent that your content will comply with these terms and conditions.

     

    10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

     

    10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

     

    ( a ) be libellous or maliciously false;

    ( b ) be obscene or indecent;

    ( c ) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

    ( d ) infringe any right of confidence, right of privacy or right under data protection legislation;

    ( e ) constitute negligent advice or contain any negligent statement;

    ( f ) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

    ( g ) be in contempt of any court, or in breach of any court order;

    ( h ) be in breach of racial or religious hatred or discrimination legislation;

    ( i ) be blasphemous;

    ( j ) be in breach of official secrets legislation;

    ( k ) be in breach of any contractual obligation owed to any person;

    ( l ) depict violence;

    ( m ) be pornographic, lewd, suggestive or sexually explicit;

    ( n ) be untrue, false, inaccurate or misleading;

    ( o ) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

    ( p ) constitute spam;

    ( q ) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

    ( r ) cause annoyance, inconvenience or needless anxiety to any person.

     

    11. Report abuse

     

    11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

     

    11.2 You can let us know by email or by using our abuse reporting form.

     

    12. Limited warranties

     

    12.1 We do not warrant or represent:

     

    ( a ) the completeness or accuracy of the information published on our website;

    ( b ) that the material on the website is up to date; or

    ( c ) that the website or any service on the website will remain available.

     

    12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

     

    12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

     

    13. Limitations and exclusions of liability

     

    13.1 Nothing in these terms and conditions will:

     

    ( a ) limit or exclude any liability for death or personal injury resulting from negligence;

    ( b ) limit or exclude any liability for fraud or fraudulent misrepresentation;

    ( c ) limit any liabilities in any way that is not permitted under applicable law; or

    ( d ) exclude any liabilities that may not be excluded under applicable law.

     

    13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

     

    ( a ) are subject to Section 13.1; and

    ( b ) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

     

    13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

     

    13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

     

    13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

     

    13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

     

    13. 7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

     

    13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

     

    14. Breaches of these terms and conditions

     

    14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

     

    ( a ) send you one or more formal warnings;

    ( b ) temporarily suspend your access to our website;

    ( c ) permanently prohibit you from accessing our website;

    ( d ) block computers using your IP address from accessing our website;

    ( e ) contact any or all your internet service providers and request that they block your access to our website;

    ( f ) commence legal action against you, whether for breach of contract or otherwise; and/or

    ( g ) suspend or delete your account on our website.

     

    14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

     

    15. Third party websites

     

    15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

     

    15.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

     

    16. Variation

     

    16.1 We may revise these terms and conditions from time to time.

     

    16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

     

    17. Assignment

     

    17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

     

    17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

     

    18. Severability

     

    18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

     

    18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

     

    19. Third party rights

     

    19.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

     

    19.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

     

    20. Entire agreement

     

    20.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

     

    21. Law and jurisdiction

     

    21.1 These terms and conditions shall be governed by and construed in accordance with English law.

     

    21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

     

    22. Statutory and regulatory disclosures

     

    22.1 We are registered in the Information Commissioner's Office; you can find the online version of the register at http://ico.org.uk/ as Colena Ltd.

     

    22.2 Our VAT number is 875 0932 02.

     

    23. Our details

     

    23.1 This website is owned and operated by Colena Ltd.

     

    23.2 We are registered in England and Wales under registration number , and our registered office is at Unit 9, Jupiter Court, Orion Business Park, North Shields, Tyne and Wear NE29 7SE.

     

    23.3 Our principal place of business is at Unit 9, Jupiter Court, Orion Business Park, North Shields, Tyne and Wear NE29 7SE.

     

    23.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone on 0845 8388652.

    Privacy Policy

    If you have questions or complaints regarding our Data Use Policy or Privacy Policy, Please contact us by provided details at the bottom of the page.

    At Colena Ltd, we are committed to safeguarding and preserving the privacy of our visitors. This Website Privacy Policy has been provided by the legal resource www.diylegals.co.uk and reviewed and approved by their solicitors.

    This Privacy Policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit our site.

    We do update this Policy from time to time so please do review this Policy regularly.

     

    • Information We Collect

      In running and maintaining our website we may collect and process the following data about you:

    1. Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
    2. Information provided voluntarily by you. For example, when you register for information or make a purchase.
    3. Information that you provide when you communicate with us by any means.
    4. Basic Information on transactions like transaction id, payment deducted, payment details, payer id etc... but NO information about your credit card.
  • Use of Cookies

    Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer fin order to assist us in improving our website.

    We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer's hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.

    You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.

    Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.

  • Klarna

    In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

    General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.

    • Use of Your Information

      We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:

      1. To provide information to you that you request from us relating to our products or services.
      2. To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
      3. To inform you of any changes to our website, services or goods and products.

      If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.

      Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you. Where such consent has been provided it can be withdrawn by you at any time.

    •  

    • Storing Your Personal Data

      In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated stored securely.

      Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, Sending such information is entirely at your own risk.

    •  

    • Disclosing Your Information

      We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:

    1. In the event that we sell any or all of our business to the buyer.
    2. Where we are legally required by law to disclose your personal information.
    3. To further fraud protection and reduce the risk of fraud.
  • Third Party Links

    On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site's policy towards visitor privacy. You should review their privacy policy before sending them any personal data.

  •  

  • Access to Information

    In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.

  • .

    Contacting Us

    Please do not hesitate to contact us regarding any matter relating to this Privacy Policy.

    Email:
    info@heliguy.com

    Phone:
    UK: 0845 838 8652
    International: +44 (0)191 296 1024

  • Security Policy

    Heliguy does not store credit card details

    Heliguy does not store or transmit credit card details.

    PayPal servers loaded as an iframe on checkout

    Payments are processed by 3rd parties such as PayPal and Shopify, on their servers.

    Cookie Policy

    Cookie Policy for HELIGUY.com™

    This is the Cookie Policy for HELIGUY.com™, accessible from https://www.heliguy.com/terms-and-policies-i87.

    What Are Cookies

    As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

    For more general information on cookies, please read "What Are Cookies".

    How We Use Cookies

    We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

    Disabling Cookies

    You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

    The Cookies We Set

    • Account related cookies

      If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

    • Login related cookies

      We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

    • Email newsletters related cookies

      This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

    • Orders processing related cookies

      This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

    • Surveys related cookies

      From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

    • Forms related cookies

      When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

    • Site preferences cookies

      In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

    Third Party Cookies

    In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

    • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

      For more information on Google Analytics cookies, see the official Google Analytics page.

    • Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

    • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

    • As we sell products it's important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

    • Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.

    More Information

    Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

    However if you are still looking for more information then you can contact us through one of our preferred contact methods:

    Rental Contract

    Heliguy Rental Contract

    Terms and conditions for hire of drone equipment and related accessories.
    1. Information About Us
    1. We are Colena Ltd (trading as Heliguy), Unit 9, Jupiter Court, Orion Business Park, North Shields, Tyne and Wear, NE29 7SE with VAT Number 875 0932 02 (Heliguy, we, us, our).
    2. To contact us, please see our Contact Us page (https://www.heliguy.com/pages/contact-us
    3. Your use of our site is governed by our terms of website (https://www.heliguy.com/pages/terms-conditions-policies)
    4. We only use your personal information in accordance with our Privacy Policy (https://www.heliguy.com/pages/terms-conditions-policies
    1. How a contract is formed between you and us
      1. You can make an inquiry to hire Equipment online, by email or by phone, in response to which we will send you a quotation for hire. All quotations are valid for 14 Business Days from issue. After you submit an Order and agree to our quotation, including these Conditions, we will confirm acceptance of your Order by sending you a confirmation email specifying
        1. the type and quantity of Equipment to be hired;
        2. the Rental Period and Rental Payment; and
        3. an Order number

    PLEASE NOTE: We will not confirm acceptance of your Order until such time as you have provided evidence of insurance (as detailed in clause 6) and where you are a new customer, until you have completed the identification verification process (as detailed in clause 3.a)

    1. The Contract between us will only be formed when we send you the Confirmation and your payment has been received.
    2. The Order number should be quoted on all subsequent correspondence relating to the Order.
    3. These Conditions and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Conditions or any document expressly referred to in them.
    4. Any drawings, descriptions or advertising produced by us and contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Equipment referred to in them. They shall not form part of the Contract nor have any contractual force.
    5. These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    1. Equipment Hire and Rental Period
    1. If you are a new Customer then we will require you, at our discretion, to complete an identification verification process to safeguard our interests. All information you disclose to us will be kept confidential by us and subject to the terms of our Privacy Policy.
    2. It is a condition of our hire to you that you declare to us the purpose(s) for which you are hiring the Equipment and where it will be used. This is to prevent unacceptable risks being taken with the Equipment. Any intended use of the Equipment outside of the UK will be subject to our prior written consent provided before or at the time of acceptance of the Order and may be declined by us. In addition, we reserve the right to decline a request to hire if we are not satisfied with the declared purpose of the hire.
    3. Other than when we are exercising our rights under the Contract we shall not interfere with your quiet possession of the Equipment during the Rental Period.
    4. The Rental Period starts on the commencement date stated in the Order and shall continue for the agreed period stated in the Order unless terminated earlier in accordance with its terms.
    5. We warrant that the Equipment shall be of satisfactory quality.
    1. Delivery and Acceptance
    1. We shall arrange for Delivery of the Equipment to the Delivery Location. Acceptance of any change to the Delivery Location requested by you shall be at our sole discretion and you shall be liable for any additional expenses incurred by us as a result of such change. We shall arrange for suitable transportation to the Delivery Location.
    2. We will use all reasonable endeavours to effect Delivery by the date and time agreed by us but time is not of the essence for Delivery of the Equipment.
    3. You shall accept delivery of the Equipment on the day that we first attempt Delivery. We shall have no liability for any failure or delay in delivering any Equipment to the extent that such failure or delay is caused by your failure to comply with your obligations under these Conditions.
    4. Where our carrier has made an attempt to deliver the Equipment but you have not been present to accept delivery, the Rental Period shall remain as shown on the Order confirmation, unless we otherwise agree.
    5. If any Equipment is damaged or missing, then you shall immediately inform us (excluding any latent defects not reasonably apparent on inspection). We may require you or your duly authorised representative to sign a receipt confirming acceptance.
    1. Deposit and Rental Payments
    1. If we require you to pay a security deposit before we will dispatch any Equipment then the amount of the deposit will be included in our quotation. The security deposit is a deposit against any loss of or damage caused to the Equipment. If you cause any loss or damage to the Equipment (in whole or in part), we shall be entitled to apply the security deposit against such default, loss or damage. If the security deposit is not sufficient to cover the entire cost of the default, loss or damage then you will be liable to us for the shortfall. We will release the deposit within 5 Business Days at the end of the Rental Period provided we are happy that all Equipment is complete and undamaged.
    2. Unless we agree to provide you with credit terms (which is for business customers only and will be detailed in our quotation), then we require you to pay the full Rental Payment to us prior to the dispatch of the Equipment.
    3. The Rental Payment is inclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by you at the rate and in the manner from time to time prescribed by law.
    4. All amounts due under the Contract shall be paid in full by you without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    5. All invoices must be paid in full and in cleared funds by you within 14 days of receipt of an invoice.
    6. The Rental term is for a minimum period of 7 calendar days from the contract start date.
    7. The Customer shall pay the rental cost in advance to Colena Ltd T/A Heliguy via a credit/debit card, accelerated payment method available on our website or via BACS transfer. No payment shall be deemed to have been received until Colena Ltd T/A Heliguy has received cash or cleared funds.
    1. Title, Risk and Insurance
    1. The Equipment shall at all times remain our property, and you shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Conditions).
    2. The risk of loss, theft, damage or destruction of the Equipment becomes your responsibility at the point of Delivery. The Equipment shall remain at your sole risk during the Rental Period and any further term during which the Equipment is in your possession, custody or control (Risk Period) until such time as the Equipment is returned to us. During the Rental Period and the Risk Period (where applicable), you shall, at your own expense, obtain and maintain the following insurances:
      1. insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as we may from time to time nominate in writing;
      2. insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as we may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and
      3. aviation insurance that complies with EC Regulation 785/2004 together with such other insurance as we may from time to time consider reasonably necessary and advise you.
    3. All insurance policies obtained by you shall be endorsed to provide us with at least 20 Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon our request name us as a loss payee in relation to any claim relating to the Equipment. You shall be responsible for paying any deductibles due on any claims under such insurance policies.
    4. You shall give us immediate written notice in the event of any loss, accident or damage to the Equipment and you shall be liable to us for:
      1. any loss or damage to the Equipment during the Rental Period however caused; and
      2. any loss of rental payments that we suffer until such time as the Equipment is repaired and ready for hire to another customer.
    5. If you fail to effect or maintain any of the insurances required under the Contract, we shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from you.
    6. You shall supply to us copies of the relevant insurance policies or other insurance confirmation acceptable to us and proof of premium payment.
    1. Customer Responsibilities
      1. During the term of the Contract you have the following responsibilities:
        1. to ensure the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent individuals in accordance with any operating instructions (including the use and storage of lithium polymer batteries in accordance with the manufacturer’s instruction);
        2. not to make any alteration or repair to the Equipment nor carry out any maintenance to the Equipment without our prior written consent;
        3. to permit us or our duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection.
        4. to maintain operating records of the Equipment and make copies of such records readily available to us, together with such additional information as we may reasonably require;
        5. not without our prior written consent, part with control of (including for the purposes of repair or maintenance) sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
        6. not without our prior written consent, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and you shall indemnify us against all losses, costs or expenses incurred as a result of such affixation or removal;
        7. not do or permit to be done any act or thing which will or may jeopardise our right, title and/or interest in the Equipment and, where the Equipment has become affixed to any land or building, you must take all necessary steps to ensure that we may enter such land or building and recover the Equipment both during the term of the Contract and for a reasonable period thereafter, including by obtaining from any person having an interest in such land or building, a waiver in writing and in favour of us of any rights such person may have or acquire in the Equipment and a right for us to enter onto such land or building to remove the Equipment;
        8. not suffer or permit the Equipment to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify us and you shall at your sole expense use your best endeavours to procure an immediate release of the Equipment and shall indemnify us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
        9. not use the Equipment for any unlawful purpose;
        10. to ensure that at all times the Equipment remains identifiable as being our property and not remove any labels attached to the Equipment;
        11. return the Equipment at the end of the Rental Period or on earlier termination of the Contract at such address as we require or allow us or our representatives access to the Customer’s premises to remove the Equipment;
        12. not do or permit to be done anything which could invalidate the insurances referred to in Clause 6; and
        13. immediately advise us of any loss, accident or damage to the Equipment and follow our reasonable instructions with regard to any associated reporting requirements.

    Your additional responsibilities with regard to the nature of the Equipment:

      1. to comply with all applicable laws and regulations for the operation of unmanned aircraft and drones;
      2. to obtain and maintain at all times all necessary and appropriate licences, certifications and permits, including a valid and current permission for commercial operations (PFCO) granted by the Civil Aviation Authority (CAA), any relevant exemptions or further permissions granted by the CAA necessary to use the Equipment or;
      3. before any use of the Equipment, obtain and maintain at all times all necessary and appropriate permissions, approvals and consents, including from landowners, Air Traffic Control, local Police, other authorities, air users or other stakeholders and all health and safety rules and regulations, that may be required.
      4. where we have given permission for the Equipment to be used overseas then you shall comply with the requirements set out in (n) – (p) above in respect of the country or countries in which the Equipment is going to be used.
    1. You acknowledge that we shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you or your officers, employees, agents and contractors and you undertake to indemnify us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with the Contract.
    2. Colena Ltd reserve the right to employ the services of debt collection agencies and/or law enforcement in the event that equipment is not returned in the correct condition or within the agreed timeframe.
    1. Cancellation and Termination

    Cancellation provisions where you are a business customer:

    1. If you provide written notice of cancellation of the Order to us:
      1. more than 72 hours prior to the commencement of the Rental Period then we shall refund to you any Rental Payment already paid by you (less any reasonable administrative charges that we have incurred);
      2. less than 72 hours prior to the commencement of the Rental Period or once the Rental Period has started then you shall be liable to pay a cancellation charge equal to the full Rental Payment unless the reason for cancellation is due to the Equipment being defective (and which is verified by us) in which case no cancellation charge will be due.
    2. If we are able to re-hire the Equipment to an alternative customer then we may, in our discretion, refund you part or all of the Rental Payment.

    Cancellation provisions where you are a consumer (pursuant to the Consumer Contracts Regulations 2013):

    1. You have the right to cancel the Contract within 14 days without giving any reason.
    2. the cancellation period will expire after 14 days from the day of the commencement of the Contract.
    3. to exercise the right to cancel you must inform us of your decision to cancel the Contract by a clear statement (e.g a letter sent by post or email). You may also use the model cancellation form as set out in Clause 12, but it is not obligatory.
    4. to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
    5. if you cancel the Contract, we will reimburse you with all payments made to us.
    6. we will reimburse you without undue delay, and not later than 14 days after the day on which you inform us about your decision to cancel the Contract.
    7. if you ask us to begin the Rental Period during the cancellation period, you shall pay us an amount which is in proportion to what has been performed in comparison with the full Rental Period, until you communicate your cancellation.
    1. Termination
    1. Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
      2. you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
      3. where you are an individual, you are the subject of a bankruptcy petition application or order; or
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your; or
      5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Without limiting our other rights or remedies, we may suspend provision of the Equipment under the Contract or any other contract between us if you become subject to any of the events listed in Clause 8.4 (a) to Clause 8.1 (e), or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
    3. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date for payment.
    4. On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
    5. Termination of the Contract shall not affect any of our or your rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
    6. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
    1. Limitation of Liability
    1. Nothing in these Conditions shall limit or exclude either party’s liability for:
      1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 8 of the Supply of Goods (Implied Terms) Act 1973; or
      4. any matter in respect of which it would be unlawful for us or you to exclude or restrict liability.
    2. Subject to Clause 9.1:
      1. we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business or any indirect or consequential loss arising under or in connection with the Contract, however caused, even if foreseeable; and
      2. our maximum aggregate liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Rental Payment.
    1. Force Majure
    1. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this Contract by giving 7 days written notice to the affected party.
    1. Other Important Terms
    1. We may transfer our rights and obligations to another organisation but this will not affect your rights or our obligations under these Conditions. We will notify you in writing or by posting on this webpage if this happens. You may only transfer your rights or your obligations under these Conditions if we agree in writing.
    2. The Contract is between you and us and no other person shall have any rights to enforce any of its terms, whether under the Contracts Rights of Third Parties Act 1999 or otherwise.
    3. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    4. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. No variation of this Contract shall be effective unless it is in writing and signed by both us and you (or by our authorised representatives).
    6. Notices:
      1. if you wish to contact us in writing or any clause in these Conditions requires you to contact us in writing then you can do so by email or pre-paid post to Colena Ltd t/a Heliguy, Unit 9 Jupiter Court, Orion Business Park, North Shields, Tyne and Wear, NE29 7SE or to info@heliguy.com. We will confirm receipt of this by contacting you in writing, normally by email. If you are a consumer and exercising your right to cancel under these Conditions, please follow the directions for informing us above.
      2. if we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide us in your Order.
      3. If you are a business, please note that any notice given by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and in the case of an email that such email was sent to the specified email address of the addressee.
    7. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
    8. We both agree to the exclusive jurisdiction of the courts of England and Wales.
    1. Model Cancellation Form

    (Complete and return this form only if you wish to withdraw from the contract)

    To Colena Limited t/as Heliguy, Unit 9, Jupiter Court, Orion Business Park, North Shields, Tyne & Wear, NE29 7SE (Tel: 0191 296 1024) (Email: info@heliguy.com)

    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of hire of the following goods [*]/for the supply of the following service [*],

    Ordered on [*]/received on [*],

    Name of consumer(s),

    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),

    Date

    1. Definitions
    • Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
    • Conditions: the terms and conditions set out in this document as amended from time to time in accordance with Clause 11.3.
    • Confirmation: our acceptance of the Order sent by email to you.
    • Contract: the contract between us for the hire of the Equipment in accordance with these Conditions.
    • Delivery: the transfer of physical possession of the Equipment to the Customer at the Delivery Location.
    • Delivery Location: your premises or such other location as you specify in the Order and which has been accepted by us in the Confirmation.
    • Equipment: the drone equipment (or any part of it) set out in the Order.
    • Force Majeure Event: an event or circumstance beyond a party’s reasonable control.
    • Order: your order for hire of the Equipment, as set out in your written acceptance of our quotation or your purchase order.
    • Rental Payment: the payment made by or on your behalf for hire of the Equipment.
    • Rental Period: the period of hire as set out in Clause 3.4.
    • Monthly Payments: The payments made by or on behalf of the Customer for hire of the Equipment and Supply of Services as set out in the Schedule.

    Klarna

    In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

    • Pay Later 30
    • Pay in 3 instalments
    • Fixed Sum Credit

    Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

    WEEE And Takeback

    Waste Electrical and Electronic Equipment (WEEE) is taken back free of charge on a one-for one, like-for-like basis. Waste batteries including rechargeable batteries are taken back free of charge. You are not obliged to make any purchase when returning old batteries. Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities. All WEEE and waste batteries must be recycled and should not be placed in any of your household wheelie bins. Make sure you always recycle all your old electrical goods and batteries.

    You can now recycle your old electricals with us.

    If you’re buying a new electrical item, we will recycle your old one for free.

    Why recycle?

    Unwanted electrical equipment is the UKs fastest growing type of waste.

    Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.

    We can help

    We are pleased to offer our customers the chance to recycle their old electrical items when purchasing a new item from us.

    Please speak to a member of staff for details on how to dispose of your WEEE item in store, or at the time of delivery.

    To remind you that old electrical equipment can be recycled, it is now marked with a crossed‐out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.

    Wheelie Bin Recycling Logo

    What is WEEE?

    The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take‐back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like‐for‐like basis.

    Anti-Slavery Policy

    Anti-slavery and human trafficking policy

    Policy Statement

    This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, agents, contractors and suppliers.

    Colena Ltd strictly prohibits the use of modern slavery and human trafficking in our operations and supply chain. We have and will continue to be committed to implementing systems and controls aimed at ensuring that modern slavery is not taking place anywhere within our organisation or in any of our supply chains. We expect that our suppliers will hold their own suppliers to the same high standards.

    Commitments

    Modern Slavery and Human Trafficking

    Modern slavery is a term used to encompass slavery, servitude, forced and compulsory labour, bonded and child labour and human trafficking. Human trafficking is where a person arranges or facilitates the travel of another person with a view to that person being exploited. Modern slavery is a crime and a violation of fundamental human rights.

    Commitments

    We shall be a company that expects everyone working with us or on our behalf to support and uphold the following measures to safeguard against modern slavery:

    • We have a zero-tolerance approach to modern slavery in our organisation and our supply chains.
    • The prevention, detection and reporting of modern slavery in any part of our organisation or supply chain is the responsibility of all those working for us or on our behalf. Workers must not engage in, facilitate or fail to report any activity that might lead to, or suggest, a breach of this policy.
    • We are committed to engaging with our stakeholders and suppliers to address the risk of modern slavery in our operations and supply chain.
    • We take a risk based approach to our contracting processes and keep them under review. We assess whether the circumstances warrant the inclusion of specific prohibitions against the use of modern slavery and trafficked labour in our contracts with third parties. Using our risked based approach we will also assess the merits of writing to suppliers requiring them to comply with our Code of Conduct, which sets out the minimum standards required to combat modern slavery and trafficking.
    • Consistent with our risk based approach we may require:

          1. Employment and recruitment agencies and other third parties supplying workers to our organisation to confirm their compliance with our Code of Conduct
          2. Suppliers engaging workers through a third party to obtain that third parties’ agreement to adhere to the Code
    • As part of our ongoing risk assessment and due diligence processes we will consider whether circumstances warrant us carrying out audits of suppliers for their compliance with our Code of Conduct.
    • If we find that other individuals or organisations working on our behalf have breached this policy we will ensure that we take appropriate action. This may range from considering the possibility of breaches being remediated and whether that might represent the best outcome for those individuals impacted by the breach to terminating such relationships.