Terms and conditions
TERMS AND CONDITIONS
Nørre Allé 70A, 1.
8000 Aarhus, Denmark
VAT Identification Number (CVR): DK39462419
In the Agreement, the stated terms will have the following meaning:
Agreement: These terms and conditions.
Device: A Device, including packaging, manuals and any accessories made available by Wedio to you under the Subscription, for use by you in accordance with the Agreement.
Services: Any and all Services offered by Wedio under this Agreement.
Subscription: The agreement between you and Wedio regarding subscription to our Services.
Subscription Period: The term in which you have taken out a Subscription.
Order: The confirmed order for a Device according to the Subscription.
Partner: Wedio’s partners that provided a Device that are available for Subscription on the Website.
2.1 Wedio offers a subscription-based service that allows you to subscribe to any Device we make available through our website subscription.wedio.com.
2.2 At any time during your Subscription, you can opt to buy a Device at the terms set forth in this Agreement.
3. THESE TERMS
3.1 This Agreement govern your use and enjoyment of the services (“Services”) provided by Wedio, mentioned in the Agreement. By proceeding to checkout, you hereby acknowledge that you have read the Agreement and understand and agree all the terms and conditions herein. You further agree that the Agreement supersedes any proposal or prior agreement, both oral and/or written, and any other communications between the parties relating to the subject matter of this Agreement.
3.2 Arrangements between Wedio and you varying from or supplementary to this Agreement will be valid only if they have been explicitly confirmed in writing via e-mail by Wedio.
4.1 For and in consideration of payment of the required Subscription fees you will have the chosen Device and Services at your disposal during the Subscription period.
4.2 Under the Subscription, you are free to swap your Device for another Device provided that you pay any increased fees due to a higher subscription price for the new/additional Device.
4.3 A Device may come with accessories either as default or because of your choices. Any accessories are considered a part of the Subscription for a Device and should be treated with the same care as the Device.
5.1 You may only use a Device for its intended purpose and in a normal manner. You are expected to take due care of the Device and take any necessary precautions to prevent damage to or theft of a Device, including proper maintenance and secure storage of the Device.
5.2 All Devices are covered by our insurance. You are however liable to pay the deductible for any damages. The applicable deductible is set at 10% of the Device’s retail price with a minimum deductible of DKK 2.000 and a maximum cap of DKK 5.000.
5.3 You are responsible for all loss, destruction or damage to a Device due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear, including, but not limited to, any alteration or modification made to the Device while in your care and disregard for special care or maintenance required for the Device, provided that our insurance does not cover the incident.
5.4 The Device will at all times remain the property of Wedio or its suppliers/partners. You are not allowed to take any actions that are inconsistent with such ownership (selling or lending via any other platforms than Wedio) or create or grant any security interest or other right in respect of the Device for a third party’s benefit.
6.1 Wedio or its Partners will deliver the Device to you via the shipping option confirmed in the Order. You bear full responsibility for the delivery in accordance with your instructions. In the event that you are not present to physically receive the Device, you agree to bear all liability for loss, theft or disappearance of said Device.
6.2 Upon delivery we encourage you to inspect the Device and to immediately notify Wedio of any damage or issues, including missing accessories. In case of damages, Wedio will provide you with new a Device as soon as reasonably possible.
6.3 If Wedio cannot deliver the Devices you request due to stock shortage or any other issue Wedio can cancel your Subscription at its discretion. In case of such cancellation your only remedy is a refund of already paid fees.
7. DAMAGES AND THEFT
7.1 You must report all damages to a Device to Wedio within 48 hours. Wedio will assess the condition of the Device and inform you of any needed actions, eg. Maintenance, repairs or substitution with a new Device. You shall cooperate with any necessary demands from Wedio regarding servicing, maintenance or repair of the Device and assist Wedio or an appointed third party with performing such tasks.
7.2 If there is any damage caused by the contributory fault or fault of a third party, you are obliged to provide Wedio with the contact details of this third party as well as any relevant documentation. You are also obliged to take pictures of/at the scene and provide Wedio with a detailed summary of the incident.
7.3 In the event of the loss or theft of Device you are obliged to report this to Wedio and the police within 48 hours. In that event, you will owe a deductible, which is different for each type of Subscription.
7.4 If loss or theft of Device is not reported to Wedio within 48 hours you owe Wedio a compensation in the amount of 200 EUR.
7.5 If the Device is stored in an unsafe or negligent manner and an incident occurs, including vandalism, loss or theft, you will be liable for any damages not covered by our insurance.
7.6 If a missing or stolen Device is recovered, you will be credited no more than the deductible paid. Wedio will determine the credit based upon the condition of the Device, the cost of repair and service and any other costs.
8.1 Before returning a Device, you must take care to reset the Device to factory settings and delete all your data stored on the Device.
8.2 You must take care to package the Device properly to avoid shipping damages. We recommend that Devices are shipped with track and trace so you can document that the Device has been sent. You are liable for the return of Devices to Wedio.
8.3 If you return a Device with damage exceeding normal wear and tear, as determined by Wedio, you are responsible for repair or replacement, whichever is the cheapest option, of the damaged Device. The amount of the repair/replacement fee will vary depending on the extent of damage and/or the replacement cost of the damaged Device.
8.4 Upon returns, device(s) shall be returned in their original packages. If you fail to return the device(s) in their original packages, you will be charged DKK 750 incl. VAT.
9.1 Within your Subscription period you can freely opt to swap your Device(s) for another Device. Your Subscription fee will be changed accordingly. To initiate a swap, you order a new Device and return the current Device. When we receive the current Device, we will ship the new Device to you.
10. PURCHASING A DEVICE
10.1 At any time during your Subscription period, you can opt to buy the Device. The purchase price is the retail price for the Device, as stated in the Order, less Subscription fees for that specific Device(s) that you have paid during your Subscription period. If you buy a Device its simply yours to keep. All Devices are sold on an “as is” basis, as you are familiar with the condition of the Device, and without warranty of any kind. There is a minimum buyout fee of €7.
11.1 The minimum Subscription Period is agreed upon in the order process.
11.2 You may cancel the Subsciption for any reason within 14 days from receiving the Device. You must pay the Subscription fee for the period you have the Device.
11.3 After an initial non-terminable period, as stated in the Order, the Subscription Period is one month and automatically extends on a month-by-month basis, unless terminated with a notice period of one month to the end of a month.
11.4 The Subscription ends i) the last day of the month in the month after Wedio has received your written cancellation of the Agreement, ii) at the date on which the Subscription automatically ends iii) the day you purchase a Device or iv) any other date on which the Subscription ends due to cancelation or termination (“End Date”).
11.5 You have the right to use a Device until the End Date provided you meet the costs of Subscription. You must however ensure that the Device and the original packaging is returned to Wedio no later than on the End Date.
11.6 If you return a Device before the End Date, this will end all your rights under the Subscription. Regardless you are obligated to pay the full Subscription costs until the End Date.
11.7 If a Device is not returned to Wedio within seven days of the End Date and you cannot provide proof that the Device has been shipped to Wedio, there may be filed a police report for theft of the Device.
11.8 You will also be obliged to compensate Wedio for the loss suffered as stated in the Order, without prejudice of the right of Wedio to request full compensation of the loss suffered, provided that loss exceeds the compensation.
12.1 When taking out a Subscription, you will be obliged to provide payment details and authorization for the Subscription fees and other costs owed.
12.2 If you are obligated to pay any additional charges, such as the deductible, Wedio are entitled to require payment thereof before providing you with a new/replacement Device.
12.3 Before completing a swap, Wedio also requires payments of outstanding fees and additional charges, including charges due to damages to the returned Device.
12.4 Should any bill remain delinquent more than a period of ten (10) days, your Subscription will be immediately suspended, and such unpaid amount will incur interest charges of one and one-half percent (1.5%) per month (but shall not exceed the maximum permitted by law).
12.5 Your failure to pay any charges or any other failure to timely make payments due hereunder is grounds for immediate termination or suspension of your Subscription. You agree that Wedio is authorized to charge any outstanding amounts to your credit/debit card or another payment system on file with Wedio.
12.6 In the event a payment is rejected we will notify you of this and will grant you a ten (10) day grace period to resolve the issue prior to termination of the Agreement.
13.1 Wedio are entitled to terminate the Subscription with immediate effect or, in our discretion, cancel the Subscription with a notice of thirty (30) days if you breach the Agreement. The following scenarios shall be considered breach:
- You breach any provision of the Agreement.
- If you come under receivership, suspends your payments, a bankruptcy or a winding-up petition is filed for in respect of you or if you are put into bankruptcy or liquidation, is placed under guardianship or is allowed to participate in a debt restructuring scheme for natural persons.
- If you, in Wedio’s discretion, abuse Wedio’s Services.
13.2 You have the right to terminate the Subscription without notice if Wedio has repeatedly and materially failed to fulfill its obligations under this Agreement and such failure is not remedied within ten (10) days of written notice hereof to Wedio.
14. REPRESENTATIONS AND WARRANTIES
14.1 As a condition of the effectiveness of your Subscription, you represent and warrant that (i) you are at least eighteen (18) years of age and possess the legal authority to create a binding obligation; (b) that any use of a Device will be in accordance with the Agreement; (iii) that you have any necessary licenses to operate the Devices eg. a license to pilot a drone.
15. ASSUMPTIONS AND INDEMNITY
15.1 You assume all risks associated with the use and enjoyment of a Device. Additionally you agree to hold harmless, release, defend, and indemnify Wedio and its affiliates, suppliers, directors, shareholders, employees and agents from any and all loss, cost, damage, liability (including reasonable attorney’s fees) and/or claims asserted, threatened, arising from, related to, or in connection with (i) any injury or death to persons or damage to property arising from your use of a Device; (ii) any violation of laws or rights (including privacy rights) of a third party by you; or (iv) any breach or other act or omission by you in connection with the Agreement.
16.1 All Devices are provided “as is” and any use of a Devise is at your own risk. Wedio makes no representations or warranties of any kind, including that a Device or Service is fit for a particular purpose, with respect to Subscription or the Devices provided or sold by hereunder. Wedio assumes no liability or responsibility for any errors or omissions in providing the Subscription and Devices, any failures, delays, or interruptions in the shipment of Devices, and any losses or damages arising from the use of Devices provided or other Services provided by Wedio.
16.2 Wedio’s liability under this Agreement is limited to direct, objectively measurable damages, which shall not be in excess of your Subscription fees paid over the previous three-month period.
16.3 Wedio will not be held liable for any indirect or speculative damages (including, without limiting the foregoing, consequential, incidental, punitive, exemplary, reliance and special damages) including, but not limited to, loss of use, business interruptions, and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages or for any cause beyond such parties’ reasonable control.
16.4 Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this Agreement between the parties. This allocation is reflected in the pricing offered by Wedio to you and is an essential element of the basis of the bargain between the parties.
17.1 We reserve the right to change the Subscription fee or any other costs under the Agreement, including but not limited to the purchase price of a Device. You will be notified in writing at least 2 months before any changes take effect. You can cancel your Subscription in accordance with clause 11 if you cannot accept the changes.
17.2 You will be notified of any changes in the Agreement at least one month before any changes take effect.
17.3 Wedio can at all times transfer its rights and obligations under the Agreement to third parties.
19. APPLICABLE LAW
19.1 This Agreement and any dispute arising out of or in connection with it, shall be governed by and construed in accordance with Danish law, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Customer and Wedio agree to submit to venue in, the courts in Aarhus, Denmark.