Terms of Service
ORDERS PLACED ON AND AFTER FEBRUARY 1ST, 2021
TERMS AND CONDITIONS FOR PURCHASE OF ORCA MOBILE KIT, ORCA DISPLAY KIT, AND SERVICES
Last updated: February 1st, 2021.
These general terms and conditions for purchase (“Terms”) apply to all purchases made by End Consumers, B2C (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through Orca’s web store (“Store”) at https://getorca.com/store.
1. DESCRIPTION OF PRODUCT(S) AND SERVICES
Orca Technologies develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications.
The Mobile Kit
The Orca Mobile Kit (“Product(s)”) is a wireless navigation device, also known as the marine co-pilot, a tool for planning, navigating, and reviewing your trips at sea. The Product is described and portrayed at www.getorca.com.
The Product may be combined with a Subscription. A Subscription runs for 12 months and the first 12 months are included with the purchase of the Product.
The Orca Display Kit
The Orca Display Kit (“Product(s)”) extends the Orca Mobile Kit with a rugged display and mounting system allowing a full chartplotter experience. The same terms as for the Orca Mobile Kit are applicable to the Orca Display Kit.
The combination of Product(s) and/or accessories in an Order is always subject to availability and Orca may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.
The Products operate on Orca Software, which is covered by separate Terms and Conditions. These terms and conditions can be found at https://getorca.com/legal/terms-of-service-software/. Orca reserves the right to update the software of Products.
2. ORDER PROCESS (CONTRACT FORMATION)
These Terms, together with the Order Confirmation, form the Contract between the Customer and Orca and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order in the Store Checkout. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with Orca when clicking the button “Place Order” in the Checkout.
The presentation of Product(s) and/or accessories in the Store does not constitute any binding offer by Orca for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with Orca (“Order”). Before the Customer submits the Order he/she will be able to view the details input and correct any mistakes in the information provided.
On receipt of the Order Orca will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by Orca at its discretion. If Orca refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted. If the Order is refused, Orca is not responsible for any loss or delay arising out of such refusal. Orca will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.
Regardless of the foregoing, an agreement will not be binding on either party if the offer from Orca provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed. An agreement will not be binding on Orca if the Customer has provided incorrect payment or delivery information.
Orca stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to Orca by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.
The latest version of the Terms of Purchase is always available on https://getorca.com/legal/terms-of-service/. You may also request a copy of the Terms applicable to your Purchase by contacting Orca through this support e-mail.
For the avoidance of doubt, any Subscription is subject to its own terms and separate from this Contract with the exception of termination. Any withdrawal of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.
3. PRICE AND PAYMENT TERMS
The price per unit of the Product and accessories is displayed in the Store. The total purchase price for the Product(s) and/or accessories is displayed in the Store Checkout.
The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€), and where applicable include custom duties and value-added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.
Orca is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or any other payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.
The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process. The estimated dispatch and delivery date will be stated in the ordering process.
The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. Orca will keep you duly noted of any changes impacting the delivery of your ordered Product(s) and/or accessories. Orca shall not be held liable for delays in the estimated delivery date for the order.
The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. Orca shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.
Upon acceptance of Orca’s logistics partner’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with the logistic partner. Orca is not liable for the Customer’s failure to comply with the logistic partner’s terms.
Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at the first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.
The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. Orca reserves the right to charge the Customer for extra shipment, storage and handling costs due to the Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.
Once the Customer has ordered the Product(s), Orca strives to deliver as soon as possible. If Product(s) are estimated to ship in less than 7 days from the Order date, cancellation under this clause is not possible.
In periods of high demand and extended delivery times, the Customer may request cancellation of the Order to Orca by sending an inquiry using this support e-mail. Orca will send a confirmation to the Customer if the cancellation was successful. If no confirmation is received prior to shipment, the Customer must instead make use of their right to withdrawal, cf. section 6.
If the cancellation is confirmed by Orca, the Customer is entitled to a full refund of the purchase price. Orca will process refunds within a reasonable amount of time.
Orca reserves the right to cancel your Order before the shipment date at Orca’s own discretion. In the event of such cancellation, Orca will refund the full purchase price.
6. THE RIGHT OF WITHDRAWAL (For European Economic Area consumers only)
The Customer may withdraw from this Contract within 14 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.
You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at Orca’s sole discretion be deducted from the amount of Customer’s refund. Damage covered by the Limited Warranty is not subject to such reduction.
If the Customer wishes to withdraw from the Contract, the Customer must notify Orca by e-mail to firstname.lastname@example.org within 14 days of delivery. Orca will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by Orca. Orca’s return process is described on www.getorca.com. After the Customer has notified Orca of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 30 days in safe and satisfactory packaging, in accordance with Orca’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. Orca reserves the right to charge the Customer a shipping and handling fee for the return.
Any request to withdraw from the Contract received after 14 days is automatically rejected and will not qualify for a refund.
If the Customer withdraws from this Contract in full, any Subscription Agreement between Orca and the Customer will automatically be terminated.
If you received any promotional or other discounts when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.
7. LIMITED WARRANTY
The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, Orca warrants that each Product will be free from material and workmanship defects under normal use in accordance with Orca’s published user manuals and safety information. Orca reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from Orca.
To make a warranty claim, the Customer must within a reasonable time from the date on which they discovered, or should have discovered, a defect, notify Orca’s Support through the support e-mail. The Customer must also include a description of the defect. However, warranty claims must be made no later than one year after the Customer took possession of the Product(s). Orca will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.
If Orca finds that the defect is covered by the limited warranty of this clause 7, Orca may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At Orca’s sole discretion, refurbished Product(s) may be used as replacements. Orca warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.
Orca may, at its discretion, offer a partial or full refund for the defective Product(s).
There is no warranty for Product(s) that have been (i) modified, altered, or adapted without Orca’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by Orca, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect is attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.
This limited warranty is extended to and applied to all accessories developed and sold by Orca on www.getorca.com.
Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. According to the Norwegian consumer purchase act of 2002, you must notify Orca of defect claims within a reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying the seller of defects is five years from the consumer took possession of the relevant product.
If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address, and order reference.
8. END-USER CUSTOMERS ONLY
Orca sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from Orca for resale, and Orca reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end-use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.
9. SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH BY THE CUSTOMER
In the case of non-payment under clause 3 or other breaches by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., Orca will retain the goods until payment is completed.
Orca may cancel the purchase due to late payment or other breaches of the contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.
In the event that a Customer receives the Product(s) and/or accessories before payment has occurred, Orca may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, Orca may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.
Orca may also claim compensation for any direct loss Orca suffers as a result of a breach on the part of the Customer.
10. DISCLAIMERS AND LIABILITY LIMITATIONS
“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”. The use of this product for the planning and execution of passages will not meet the requirements of SOLAS.
Orca products, based on official data as well as on other sources, provide assistance for navigation and are designed to facilitate the use of official nautical charts and not to replace them. Only official nautical charts and notices for navigators contain all the information necessary for safe navigation and, as always, the captain is responsible for proper use of the same.
Orca provides the service and content included therein for use on an “as is” and “as available” basis. They cannot be customized to fulfill the needs of each and every user. We hereby disclaim all warranties and representations, either express or implied, with respect to the service, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security, or accuracy.
This includes, but is not limited to; any guarantee of accuracy, title, merchantability, reliability, the fitness of purpose, or any other warranty, either oral or written. Orca does not supply and warrant for the accuracy with regard to the correctness, completeness, or even usefulness of the information contained in the Service or the data upon which such information is based.
You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including maritime laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON ANY ACTUAL SIGNS OR FORMS OF NOTICE.
Orca exerts efforts to provide you with a high-quality, satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Orca’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures, and software communication failures, originating either in Orca or any of its providers.
Orca, including its officers, directors, shareholders, employees, sub-contractors, and agents will not be liable for any direct, indirect, incidental, or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses, and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the service, or from any failure, error, or breakdown in the function of the service, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the service, including, without limitation, content originating from third parties, or from any communication with the service, or with other users on or through the service, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on the service. In any event, your sole remedy will be limited to correcting such errors, or malfunctions, and in light of the relevant circumstances.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing through our support e-mail. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
Orca reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on https://getorca.com/legal/terms-of-service/.
12. PERSONAL DATA
Orca is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.
13. COMPLAINTS, DISPUTE RESOLUTION, AND APPLICABLE LAW
These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Norway.
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, Orca’s Support may be reached through the use of our support e-mail.
If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, Orca will submit this to the Customer upon request.
The customer may further submit a complaint to the Norwegian Consumer Council. For more information, please see forbrukerradet.no.
The customer may also raise a claim for the ordinary Norwegian courts.
Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at https://ec.europa.eu/consumers/odr.
The seller and supplier of the Product(s) and accessories is Orca Technologies AS, incorporated in Norway under organization number 924 636 750. Orca Technologies is registered in the Register of Business Enterprises in Norway.
Orca Technologies AS
Tordenskiold gate 3