Terms & Conditions

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

VAT ID: LU26539687
TAX ID: 2013 2456 659
RCS Luxembourg: B182452

Terms and Conditions

Recognition of the T&C

Actinblack.com is a service provided by ACTinBlack SARL (abbreviated “ACT”).
The following terms and conditions regulate the contractual relationship between ACTinBlack SARL and consumers and companies that buy products in our shop. We do not recognize any conditions that conflict with or deviate from our terms and conditions. The language of contract is English.

Contract Conclusion

The product catalogue by ACTinBlack SARL is not a binding offer.
You make a binding offer to enter into a contract with us by placing your order.
While ordering, you have 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”. You place an order by pressing the button “Buy” in the last step of the order form. After that, you will receive an order confirmation. You will be informed about the contract conclusion either through a confirmation by ACTinBlack SARL or at the latest through delivery of the ordered products.
ACT reserves the right to decline orders.

Order and Delivery Conditions

The delivery times indicated on the website are without any guarantee. They only count from the moment of full payment of the order. If you order several items, we reserve the right to send them in partial deliveries. Any extra shipping costs are paid by the seller.
Most night vision devices are subject to a lead time of approximately  2-16 weeks.
On cancellation of an order a restocking fee of 15% of the invoice value will be deducted of any refunds.

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 will be automatically cancelled without any further formalities.

Title Retention

Until full payment the item purchased remains property of ACT.

Revocation and Return

The customer has the right to cancel or withdraw from the contract as provided by statutory law of Grand Duchy of Luxembourg.
The customer is obliged to check the delivered items upon receiving. We do 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 customer 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 customer.

The revocation has to be sent to:
ACTinBlack S.à.r.l.
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 customer is unable to reimburse us 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 customer 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.

Legal Capacity of the Customer

The customer 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 customer confirms that he/she will not misuse our goods for criminal purposes.
Special Features concerning Ballistic Panels and Night-Vision Devices
There are no 100% bulletproof vests or other 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.

Price

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

Export/Import and Customs

We accept orders from all over the world. Exceptions to this are countries that are subject to embargos and countries that do not allow the import of these goods for other reasons.
However, for orders outside of the Grand Duchy of Luxembourg, additional import fees such as customs or taxes may be incurred. It is solely the customer’s responsibility to provide all import fees and deeds necessary.
The seller pays any costs associated with the export.
It is the customer’s responsibility to inform him/herself about the laws in his country and he/she must ensure that it is allowed to import/own the ordered goods. ACT is not liable for any possible violations.
The customer agrees to not export any image intensification or thermal imaging equipment outside of the European Union or his country of residence/end-use (if outside of the EU) without approval of ACTinBlack. Upon request of reexport by the customer, will ACTinBlack request a change or request a new export license for the customer.

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 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 customer. The courts of the Grand Duchy of Luxembourg will be responsible in any legal dispute between the customer 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.

Data Privacy

We would like to call attention to the fact that all personal data you submit to us is solely stored for purposes of contract processing. By placing an order, the buyer (customer) agrees to the storage of the data for purposes of contract processing. This consent may be revoked at any time with effect for the future. On request by the customer, we provide information about his/her stored information at any time. This information may also be provided electronically when required by the customer.

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.