ACTinBlack Europe SARL
12 Rue de l’industrie
L-3895 Foetz
Luxembourg
Email: info@actinblack.com

VAT: LU29855751
TAX: 2017 2461 477
RCSL: B219259

Terms and Conditions

All quotations and contracts of sale are exclusively subject to the following Conditions of Sale of ACTinBlack Europe SARL (abbr. ACT) and cannot be altered without ACT’s written agreement.
The language of contract is English.

Contract Conclusion

The product catalogue by ACT is not a binding offer.
The Purchaser makes a binding offer to enter into a contract with ACT by placing an order.
While ordering, the Purchaser has the possibility to review and change all details (e.g. Name, billing address, shipping address, payment method, ordered articles, etc.) during the last step “Buy”. The Purchaser places an order by pressing the button “Buy” in the last step of the order form. Agreements with the Purchaser only become valid and binding on ACT following written order acknowledgment. Subject to written comments of the Purchaser within 10 days following the dispatch of the order acknowledgment, the Purchaser is deemed to have accepted these Conditions of Sale. The general purchase conditions of the Purchaser are hereby excluded. Acceptance of amendments to existing orders will require a new order acknowledgment.
The Purchaser will be informed about the contract conclusion either through a confirmation by ACT or at the latest through delivery of the ordered products.
ACT reserves the right to decline orders.

E – Commerce

ACT is entitled to validly conclude agreements by electronic means with the Purchaser. The parties will agree on separate Conditions of Sale governing these agreements.

Scope of Contract

ACT’s quotation and/or acknowledgment includes only such goods, accessories and work as are specified therein.

Order and Delivery Conditions

If the period for supply of deliveries or services can be proven to have been exceeded because of events of force majeure, such as mobilization, war, riot, strike, lockout, or other unforeseeable circumstances, such period shall be adequately extended, without damages to either party.

However, each party will be entitled to withdraw in whole or in part from the agreement if the force majeure event continues for more than one month.

If the Purchaser does not take physical delivery of the goods within 14 days after the date specified on the order acknowledgment ACT will be entitled either to dispatch the goods to the Purchaser, or to cancel the agreement, or to arrange storage of the goods, either at ACT’s own premises or elsewhere at the Purchaser’s risk and to invoice a storage charge equal to two percent of the price of the goods for each calendar month of storage or part thereof.

The delivery times indicated on the website are without any guarantee. They only count from the moment of full payment of the order. If the Purchaser orders several items, ACT reserves the right to send partial deliveries. Any extra shipping costs are to be paid by ACT.
Most night vision devices are subject to a lead time of approximately 2-16 weeks.

 

Should an item be missing in a delivery ACT is to be notified within 24 hours of receipt of your delivery and we will endeavor to ship the missing piece to you as soon as possible.

Transfer of Risk

Unless otherwise specified in ACT’s order acknowledgment, the goods shall be delivered FCA Foetz, Luxembourg in accordance with INCOTERMS 2000.

Title Retention

Notwithstanding the passing of risk in the goods, property in the goods shall remain vested in ACT until the purchase price in respect thereof has been paid to ACT in full.

Payments received by ACT from the Purchaser shall be applied to discharge the Purchaser’s debts to ACT in the order in which such debts shall have arisen notwithstanding that payments may be made by the Purchaser in purported discharge of a subsequent debt or debts pursuant to ACT’s invoice or invoices therefore.

Until property in the goods passes to the Purchaser any proceeds of the sale of the goods by the Purchaser shall be held in trust for ACT. Prior to this event good may not be pledged or given as security.

ACT is entitled – based on the provisions of local law – in cases of default, delay of payment or insolvency before property passes to the Purchaser to enter the Purchaser’s premises to repossess any of the goods and, in doing so.

ACT will be entitled to dismantle any goods without being liable for any damage caused thereby whereupon the Purchaser’s right to use or deal in the goods shall terminate.

ACT will be entitled to maintain an action for the payment of any goods notwithstanding that property in them has not passed to the Purchaser.

Cancellation, Returns and Refunds

The Purchaser has the right to cancel or withdraw from the contract as provided by statutory law of Grand Duchy of Luxembourg.
The Purchaser is obliged to check the delivered items upon receiving. ACT does not accept responsibility for damage of the items after delivery. Further claims that are made later than 24 hours of delivery will not be accepted. After this period, any delivery will be considered as in accordance with the order. Occurring claims have to be announced to “info@actinblack.com” within said period.
The Purchaser has the right to withdraw their contract declaration without giving any reasons in text form (e.g. letter, fax, E-mail) within 14 days, or if he/she received the goods before the deadline by sending back the goods. The term starts with the receipt of these T&C in text form, however not before the goods have been received by the Purchaser.

The revocation has to be sent to:
ACTinBlack Europe SARL
12 Rue de l’industrie
L-3895  Foetz
Luxembourg

In the case of an effective revocation the mutually received benefits are to be returned and if so derived profits (e.g. interest) are to be returned. In case the Purchaser is unable to reimburse ACT either in total or partially for services received as well as any possible benefits gained (e.g. benefits of use) or return the item in a deteriorated condition only, the Purchaser has to offer a compensation of equal value. This only applies when the deterioration of the goods and the benefits gained can be attributed to handling of the goods that exceeds the examination of functions and properties of the goods. Examinations of functions and properties refers to testing and trying out of said goods as it is possible and common in a shop.

All Night Vision Devices are made to order.  Selected goods are not held in stock and are ordered specifically for the Purchaser specified at point of order. Please make sure that special requests and specifications are noted in your order confirmation or invoice.

If for whatever reason the Purchaser cancels an order in whole or in part for a made to order item, and if not otherwise agreed upon in writing, a cancellation charge of 60% of the invoice value shall be paid by the Purchaser or be deducted off any refunds.

If for whatever reason the Purchaser cancels an order in whole or in part for a not made to order item, and if not otherwise agreed upon in writing, a cancellation charge of 15% of the invoice value shall be paid by the Purchaser or be deducted off any refunds.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging, which must be unopened. This is especially the case for order of image intensifier tubes and other sensitive electronics.

Legal Capacity of the Purchaser

The Purchaser declares and confirms that he/she is of legal age and full legal capacity or that he/she has the consent of their legal representative, to place an order via this website.
Furthermore, the Purchaser confirms that he/she will not misuse our goods for criminal purposes.

Limitations of Liability

ACT will indemnify the Purchaser against any direct damage to the Purchaser’s property caused by ACT’s gross negligence or that of ACT’s sub-contractors or agents provided that ACT’s total liability in respect of any incident or series of incidents arising from a common cause shall not exceed the price of the related product manufactured and sold by ACT.

ACT’s liability to the Purchaser arising from or connected with any breach by ACT of any contract for the supply of goods shall not exceed a sum equal to the price of such goods.

If any goods supplied by ACT to the Purchaser are sold or passed into the possession or control of a third party, the Purchaser will indemnify and hold ACT harmless against and from any and all claims whatsoever made by any such third parties connected with or relating to such goods.

Except in the case of gross negligence ACT will not be liable to the Purchaser for any loss of contracts or profit or for any indirect, special, or consequential loss, or, save as expressly stated in these Conditions of Sale, for any loss damage of any kind whatsoever suffered by the Purchaser caused by or resulting from ACT’s breach of any contract for the supply of goods.

The provisions of this paragraph 16 shall survive any termination of any contract for the supply of goods.

Ballistic products and Night-Vision Devices

There are no 100% ballistic protective products. They can be penetrated by special ammunition, entrance angle, etc. ACT does not accept any guarantee or any warranty for the protective effect of the goods and refer to the information supplied by the manufacturer.

Night vision and thermal imaging devices never are a substitute for the naked eye and are only to be regarded as an additional option. Therefore, ACT assumes no liability for any damage of objects or people that may occur through the use of night-vision or thermal imaging devices.

Payment Methods

Payments can be made by bank transfer, PayPal or credit cards (Visa or MasterCard).
Orders will not be processed until the full payment has arrived on the account of ACT.
Any orders that are not paid within 14 days after placing the order may be cancelled without any further formalities.

Price

All prices quoted may be exclusive or inclusive of any local VAT, or any other local revenue taxes as indicated in the order acknowledgement or quotation. The prices may change without prior notice. All prices are understood to be without the costs of processing, packaging and transport which will be added on the invoice of the order.

The prices indicated on the website are in Euro and contain all relevant taxes incurring in Grand Duchy of Luxembourg. In spite of every effort, prices may be incorrect. In this case, ACT will immediately contact the Purchaser indicating the correct price. The Purchaser then has the choice to either cancel his order or to pay the difference or get it refunded.

ACT will be entitled to charge interest to the Purchaser at 3% over current LIBOR interest rate on any sums payable by the Purchaser in respect of the goods which are not paid in due time without prejudice to any other rights and remedies as result of non-payment.

If credit is required, the Purchaser will supply sufficient financial information for ACT to evaluate and assign a credit limit.

ACT’s prices are as quoted at the time of the quotation or based on ACT’s current price list. If ACT agrees to invoice its products in any other currency than quoted, it shall be at an exchange rate determined by ACT. ACT, however, reserves the right to adjust the quote or issue an amended invoice if the spot rate moves more than 5% from the rate which applies on the date of the quotation.

Payments should be made without deduction for set-off or counterclaim and free and clear of bank charges at the bank specified by ACT.

Export/Import and Customs

The sale and disposition of goods and software supplied by ACT shall at all times be subject to the export control laws and regulations of Japan, the United States of America, the European Union, and its Member States and any amendments thereof. The Purchaser will not make any disposition of such goods or software other than into the ultimate country of destination specified by the Purchaser in writing and declared on ACT’s invoice. The Purchaser will not export any such goods or software or any part thereof including any technical data or the direct product in contravention of the applicable regulations of Japan, the United States of America, the European Union or its Member States.

Defects after Delivery and Warranty

Subject to the following provisions, ACT warrants to Purchaser that the goods manufactured by ACT shall be free from defects in material and workmanship. ACT’s obligations, set forth below, shall apply only to failures to meet the foregoing warranties for parts only occurring within twenty-four (24) months for end-users or twelve (12) months for sales to businesses from the date of shipment.  The warranty terms may be modified on the basis of the ruling Warranty Policy of ACT only with written agreement.

ACT warrants non-ACT manufactured products only to the extent that the manufacturer’s warranty allows ACT to transfer such manufacturer’s warranty to Purchaser. ACT will pass through to Purchaser any such warranties. Purchaser’s sole remedy for breach of such warranty shall be the remedy offered by and available from the manufacturer, if any. ACT shall have no liability, whether in contract, tort, negligence, or otherwise, to Purchaser with respect to non-ACT manufactured products.

The Purchaser shall grant ACT such adequate time and opportunity as deemed reasonable to remedy failures to meet the foregoing warranties. To remedy such failures, ACT shall repair or, at its option, replace the defective product.

ACT’s obligation to repair or replace as aforesaid shall not apply to any goods which are normally consumed in operation, or have a normal life inherently shorter that the warranty period specified above, or are not properly stored, installed, used, maintained or repaired or are modified other than pursuant to ACT’s instructions or approval, or have been subjected to any other kind of misuse or detrimental exposure, or have been involved in an accident.

ACT shall have no warranty obligations with respect to defects resulting from inexpert alterations or repairs carried out by the Purchaser or his agent.

Performance

Any performance figures set out or referred to in ACT’s quotation or in ACT’s published technical documentation cannot take account of the conditions under which the Purchaser will use the goods, accessories and work supplied by ACT. Any performance figures are merely indicative.

If ACT or ACT’s agent furnishes the Purchaser with advice or other assistance which concerns any product supplied hereunder or any system or equipment in which any such product may be installed and which is not required pursuant to this agreement, the furnishing of such advice or assistance will not subject ACT to any liability, whether in contract, warranty, tort (including negligence) or otherwise.

Accordingly, ACT will have no liability to the Purchaser whatsoever for the failure of goods, accessories or work to attain any performance figures as aforesaid unless prior to delivery, ACT has entered into a specific written agreement with the Purchaser, guaranteeing such performance figures subject to the Conditions of Sale set out in such agreement.

Place of Jurisdiction
The laws of the Grand Duchy of Luxembourg apply for the business relationships between ACT and the Purchaser. The courts of the Grand Duchy of Luxembourg will be responsible in any legal dispute between the Purchaser and us. If necessary, the processing of orders will be suspended until the result of the legal dispute is announced.

Copyright

The works and matters of the website operator presented on this website are subject to the copyright of Grand Duchy of Luxembourg. Reproduction, processing, dissemination and any type of use beyond what is permitted under copyright requires written authorization from the respective author and/or the manufacturer. Copies and downloads of this website are only allowed to be used in a private and non-commercial way. Insofar as contents from this website are not created from the operator, all copyrights from third parties will be noted. In particular, contents of third parties are marked as such.

Patents

ACT warrants that any goods or part thereof furnished hereunder shall be free of any rightful claim of any third party for infringement of any patent copyright or trade secret in the country in which the Purchaser’s office to which ACT’s quotation is made or from which the Purchaser’s order is placed is located. If the Purchaser notifies ACT promptly of the receipt of any claim that such goods infringe such a patent copyright or trade secret and provide ACT all necessary assistance information and exclusive authority to settle and defend such claim, ACT will, at ACT’s own expense and option, either settle or defend such claim and any action or proceedings arising there from and pay all damages and cost awarded therein against the Purchaser. In the event of any claim as aforesaid ACT reserves the right to

Procure for the Purchaser the right to continue using the goods, or Modify the goods so that they become non-infringing, or

Replace the goods with non-infringing goods or remove the goods and refund the purchase price less reasonable depreciation.

The foregoing states ACT’s entire liability for patent copyright or trade secret infringement relating to any goods.

Data Privacy

In accordance with the General Data Protection Regulation (GDPR,) Regulation (EU) 2016/679, ACT hereby informs our Purchasers and prospective Purchasers of the following:

Personal Data

1) The personal data collected by ACT, will be used for the following purposes:

  1. Purchaser registry for Purchasers and prospective Purchasers who choose to register an account in the web shop.
    For this purpose, ACT collects the following information (data marked with an asterix is not visible to ACT):
    • Purchaser account number
    • Purchaser type (Business/Individual)
    • Purchaser name (if provided – not required)
    • Company/Organisation (if provided – not required)
    • Purchaser e-mail address
    • Nat. ID. no. / org. no. (if provided – not required)
    • VAT no. (if provided – not required)
    • Purchaser billing address (and shipping address) including postcode(s,) town(s), country/countries (if provided – not required)
    • Purchaser phone number(s) (if provided – not required)
    • Username
    • Password *
    • Want to receive newsletters (if provided – not required)
    • Available payment methods (if provided – not required)
    • Purchaser group (if provided – not required)
    • Shop notes (if provided – not required)
    • Date/time of Purchaser account creation
  1. To process Purchaser orders.
    For this purpose, ACT collects the following information:
    • IP-address
    • Purchaser account number
    • Purchaser type (Business/Individual)
    • Purchaser name
    • Company/Organisation
    • Purchaser e-mail address
    • Nat. ID. no. / org. no. (if provided – not required)
    • VAT no. (if provided – not required)
    • Purchaser billing address (and shipping address) including postcode(s,) town(s), country/countries
    • Purchaser phone number(s)

Furthermore, the information listed above is then used for the following:

    • To e-mail an order confirmation
    • To ship the ordered items to the correct address
    • To contact the Purchaser if there are any issues regarding the order/shipment
    • To prevent fraudulent behavior
  1. To process cancellations and returns (in accordance with Directive 2011/83/EU). For this purpose, we collect the following information in addition to what is listed for Purchaser orders:
    • Order history

Furthermore, the information listed above is used for the following:

    • To identify the specific order and payment to be cancelled/refunded
    • To identify the products to be returned to stock
  1. To process warranty claims. To this end, the information listed in 1, 2 & 3 above is used for the following:
    • To identify the specific order
    • To identify the products to be returned for inspection
    • To issue a Return Merchandise Authorization (RMA)
    • To identify the specific payment to be refunded (if Purchaser opts for a refund rather than a replacement)
  2. To process product recalls. To this end, the information listed in 1, 2 & 3 above is used for the following:
    • To identify the specific orders affected
    • To identify and alert the affected Purchasers
    • To issue Return Merchandise Authorizations (RMA)
    • To identify the specific payment(s) to be refunded (if Purchaser opts for a refund rather than a replacement)

2) Our legal basis for processing for the personal data:

  • Processing is necessary for the performance of a contract to which the data subject is party (Article 6(1)(b))

No special categories of personal data is collected.

Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for ACT to process personal data, but it must be explicitly given. Where we are asking for your sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting info@actinblack.com.

Request For Information

To take part of the information we have collected about you, to edit the information we have collected about you, or to request the data to be erased, please contact info@actinblack.com.

Disclosure

The following parties will receive your personal data for the following purposes as part of ACT’s processing activities:

Entity Country Purpose
Stripe Payments Europe, Ltd
1 Grand Canal Street Lower, Grand Canal Dock, Dublin
Ireland Payments by Credit Card
PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24, Boulevard Royal,
Luxembourg, L-2449
Luxembourg Payments by PayPal
Bubblestorm Management (Proprietary) Limited trading as WooCommerce
Unit 1, Canal Edge 1, Entrance B, Tyger Waterfront, Carl Cronje Drive, Belville, 7530, Cape Town
South Africa Webshop provider

Disclaimer

Our offer contains links to external web pages of third parties whose contents are not subject to our influence. Therefore, we cannot assume any guarantee for these external contents. The respective provider or operator of the web site is always responsible for the content of these pages.

General

These Conditions of Sale together with any order and acceptance set out the entire agreement and understanding between ACT and the Purchaser in respect of any contract for the supply of goods and shall supersede any prior agreements or representation in respect thereof.
No waiver or modification to any contract for the supply of goods shall take effect unless in writing and signed by authorized representatives of both parties. Neither the course of conduct between both parties nor trade usage shall modify the provisions of any contract for the supply of goods. If the Purchaser issues a purchase order or other documents relating to any contract for the supply of goods, the standard or general Conditions of Sale therein shall be of no force or effect.

The Purchaser’s right and obligations under any contract for the supply of goods shall not be assigned without ACT’s prior written consent.

If the Purchaser will make any composition or arrangement with his creditors or if any legal process is instituted or any person or persons is or are appointed to control his affairs because of his failure to pay his debts, then ACT will be entitled at any time thereafter to terminate any contract for the supply of goods forthwith.

Neither the Purchaser nor ACT will be responsible for non- performance in whole or in part of his obligations under any contract for the supply of goods nor be under any liability to the other in respect thereof due to force majeure, including, without limitation, any industrial dispute or any cause beyond Purchaser’s or ACT’s reasonable control as the case may be.

The Purchaser is responsible for the proper disposition of all material used in packing, protecting and transporting all products supplied by ACT to the Purchaser.

Validity of Contract

If any provision of these Conditions of Sale is void the remaining part of the Conditions of Sale shall remain unaffected.

 

Version October 2020, ACTinBlack Europe SARL