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terms-of-sale

Terms of Sale

Terms of Sale, ver. 4, 26 October 2022

The web portal www.ekwb.com is an array of web pages intended for presentation, advertising, and sale of merchandise by EKWB, d. o. o. The web portal includes a web shop which enables direct entering into distance, i. e. off-premises sales and services contracts via the world wide web between EKWB, d. o. o. as the seller and the web portal visitors as buyers. This service is an “information society service” and EKWB, d. o. o. is the “information society service provider” within the meaning of the Consumer Protection Act (Official Gazette No. 20/1998 with amendments). All sales and services orders are subject to these Terms of Sale, which supplement the Terms of Use. By ordering our Products, you accept and agree with these Terms of Sale.

Definitions:

 “Web Portal” shall mean the entire array of web pages accessible via internet domain www.ekwb.com.

“Web Shop” shall mean the web shop accessible via internet domain www.ekwb.com.

"Operator” shall mean the operator of the Web Portal, i. e. the company EKWB, podjetje za razvoj in proizvodnjo izdelkov za vodno hlajenje računalnikov d.o.o. (abbreviated EKWB, d. o. o., hereinafter also EKWB), Poslovna cona Zeje pri Komendi, Pod lipami 18, 1218 Komenda, Slovenia, registration number 3358151000, tax ID number 30449383, registered with the District court in Ljubljana, share capital 582.776,06 EUR, contact landline number +386 59 096 610, contact electronic mail [email protected]. EKWB is registered for VAT purposes, its VAT ID number is SI 30449383.

"Terms of Sale” shall mean these Terms of Sale.

‘’Product or Products’’ shall mean any EKWB’s products or services available for order via the web shop. 

1.  PAYMENT, PRICING & PROMOTIONS

1.1. Payment terms

Terms of payment are within EKWB sole discretion, unless otherwise agreed to by EKWB. Customer pays for the order at own choice - either after the delivery (only available for Slovenian customers) or when ordering the products. Invoices are due and payable within the time period noted by EKWB based on the purchase, measured from the date of the invoice. EKWB may invoice parts of an order separately. Orders are not binding upon EKWB until accepted by EKWB. Any quotations given by EKWB will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the standard rate allowed by Slovenian law.

1.2. Payment for products

We offer the following payment methods for purchasing EKWB products:

  1. PayPal: You can pay with PayPal as a registered user. PayPal is accepted worldwide, and you are protected by PayPal Buyer Protection.
  2. Credit Card: You can make a purchase using any major credit card company (American Express, Visa, MasterCard, Discover) via Braintree.
  3. T/T Payment: You can pay by arranging a bank wire transfer to the EKWB account given at the checkout. If the payment is not received within 14 (fourteen) days, the order is automatically cancelled.
  4. Google Pay (G-Pay): You can make a purchase using any card or PayPal account associated with your Google Pay account.
  5. Bitcoin:You can pay with digital currency using the BitPay If you are having issues with your BitPay payment, please follow these guidelines: https://bitpay.com/pay-with-bitcoin. Refunds are not possible via BitPay service - we can only refund your payment via PayPal or bank wire transfer.
  6. Cash on Delivery (only available for Slovenian customers): You can pay for the goods with cash at the time of delivery. This service is done through DPD Slovenia. If the customer fails to make the payment at the time of delivery, the package gets returned to EKWB after a certain period of time.

1.2.1. Payment Fraud Prevention

EKWB scans all payments against payment frauds and reserves the right to manually review any payments recognised as potentially suspicious. In case your payment is recognised as a potential threat, you will be notified via submitted email and invited to payment review. The payment review consists of identity verification via a video call where you will be asked to show a photo ID document including your address, e. g. a driver’s license, personal ID card or passport. No document copies are required nor any copies will be retained by EKWB. The order will be processed once your identity is verified. If the payment cannot be verified as non-fraudulent or no reply to the request for identity verification is received within 5 (five) business days, the order will be automatically cancelled and any payment will be fully refunded via the original payment method.

1.3. Pricing

All prices in the EKWB web shop are subject to the Value Added Tax (VAT) or Sales Tax according to the following rules:

VAT/sales taxation
Destination country Consumer (B2C) Business Customer (taxable person) (B2B)
Slovenia Taxed with VAT rate applicable for domestic transactions within Slovenia.
EU + Northern Ireland Taxed with VAT rate applicable for domestic transactions in the recipient’s country. VAT exempt, if: (1) the customer creates a web shop account and (2) provides a valid VAT ID number; Otherwise taxed at the rate applicable for domestic transactions in the recipient’s country
Australia VAT exempt, Australian goods and sales tax applies
Rest of the World VAT exempt

All prices in the EKWB web shop exclude shipping costs, which are calculated separately after the delivery address is determined and charged together with the purchase price (“Grand Total”). Personal pickup (where available) is free of additional charge. Business-to-business customers settling the invoice with a payment via PayPal will be charged an additional 1.9 % PayPal processing fee on the “Grand Total” value of their order during the checkout process.

1.4. Promotions

Occasionally, EKWB offers special promotions which can be redeemed using a coupon code, by adding promotional items to the shopping car manually or are considered automatically at the checkout. If you have a coupon code from EKWB, please enter it at the checkout page in the 'Discount codes' field and press the 'Apply Coupon' button to submit it.

Coupon or Discount Code Terms & Conditions

  • Coupon or Discount Codes are valid for a limited time only. EKWB reserves the right to modify or cancel coupons at any time.
  • Coupon or Discount Codes are only valid until specified expiration date. After expiration date items remaining in cart will no longer qualify for discount offer.
  • Each Coupon or Discount Code can be used only once, unless otherwise specified.
  • Coupon or Discount Code cannot be applied to previously placed orders.
  • Coupon or Discount Code may only be applied to qualifying items or percentage off purchases displaying the coupon offer. The coupon offer will not be valid until it is applied to the qualifying item. Details are specified in the promotion.
  • Coupon or Discount Codes are available to individual consumers for products purchased online in the EKWB web shop (available at: https://www.ekwb.com/shop/)- while stocks last.
  • Promotions are limited to one coupon per customer, unless otherwise specified.
  • Promotional Coupon or Discount Codes may not be combined with other discounts or sales.
  • The promotional Coupon or Discount Code is not transferable, may not be resold or redeemed for cash.
  • Certain products may be excluded from Coupon or Discount Codes. See the specific details of the promotion for excluded products.
  • To apply a Coupon or Discount Code, you must enter it prior to completing the order, at the checkout page in the 'Discount codes' field and press the 'Apply Coupon' button to submit it. Instructions can be found under FAQ section at www.ekwb.com.
  • All offer Coupon or Discount Codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.  
  • We reserve the rights to adjust the value of our Coupon or Discount Code based on the current exchange rates. 

EKWB reserves the right to update these terms and conditions without prior notice.

1.5. Offer of products and their labels

  1. In Stock: The product is in stock and will be shipped out according to the processing time set at the time of the purchase (normally 3 business days; however, may be prolonged during the high season).
  2. Out of Stock: The product is currently out of stock; however, customers are able to order the product anyway. By doing so, they secure a place in the queue for that specific item, though, their order will not be shipped out until all the ordered items are available for shipping.
  3. Pre-Order: The product has not yet been released; however, it is available for pre-order. By ordering a pre-order product, customers reserve their place in the queue and will be amongst the first to receive it once the product is released. Please note pre-ordered products cannot be added to open orders in order to ensure pre-orders are handled in the order of reception.
  4. Available for Order: The product is currently out of stock; however, customers are able to order the product anyway. By doing so, they secure a place in the queue for that specific item, though, their order will not be shipped out until all the ordered items are available for shipping. The product is estimated to become available for shipping within 14 days. The estimated restocking date is shown on the product page above the “Add to cart button”.
  5. Only X pieces left: The product is currently in stock; however, it is only available in limited quantities. The “X” in the status indicates the amount of stock remaining.

You may request the cancellation of your order at any time until the shipment is ready to be shipped out. However, we cannot guarantee your request will be processed in time, i. e. prior to dispatch.

2. DELIVERY AND SHIPPING 

2.1. General

All orders require 1-3 business days processing time before the products are ready for pickup or before they are shipped out. EKWB does not process orders during weekends or public holidays in the Republic of Slovenia. EKWB does not guarantee dispatch of the order on the same day it had been placed.

EKWB retains the right to, at its sole and exclusive discretion, split the orders in partial deliveries. 

2.2. Passing of Title and Risk

The title to the products as well as the risk of accidental loss, damage or destruction shall pass from EKWB to you upon the handover. In case of personal pickup, the handover is effected when the order is collected. In case of delivery via courier, EKWB will assume the responsibility for the shipping until the handover. The handover is effected when the delivery or deemed delivery is completed according to the terms and conditions of the courier in question. Software may be delivered via e-mail or made available for download via web page at EKWB’s sole and exclusive discretion. In such cases, the handover shall be deemed to be completed when the email is received by your information system or the software is collected (downloaded) from the webpage.

2.3. Personal pickup

You will be notified when your order is ready for collection at the designated pickup location. The notice will include the information on the exact pickup address and the regular business hours when the order may be collected. You may collect your order within 7 (seven) days upon notification that your order is ready for pickup. You will be asked to provide the order number and identify yourself either with the security code or with an official identification document featuring your photograph and address. EKWB reserves the right to reject collection of the order if you cannot provide the order number or the security code or an identification document featuring your photograph and address. In case you fail to collect your order within the set term, your order will be automatically cancelled and any payment will be fully refunded via the original payment method.

2.4. Shipping policy

Eligible shipping methods (if any) are displayed during the checkout process. In case no alternate shipping options are available for choice, EKWB reserves the right to ship your order via any of its business partners, depending on availability of services in particular area, their expedience, price, reliability and other factors. EKWB will try to accommodate requests for the engagement of particular logistic services provider, but even if so explicitly requested, EKWB cannot guarantee the engagement of the desired courier.

When EKWB accepts your order in writing, we will also contact you with an estimated delivery time (if available and when available). The stated delivery times are estimates, intended solely for informative purposes and not guaranteed. They may vary significantly depending on the time the order is placed, elected shipping method, individual target delivery destination, customs procedures, etc. EKWB assumes no liability for the delivery of orders within a particular term or by a particular date/time, late delivery or delivery delays.

EKWB will not accept any order cancellations on account of late or delayed delivery. No refunds of shipping charges will be made in case of delays in delivery, irrespective of the reason.

EKWB will notify customers by e-mail when their order leaves its premises with the shipping courier.

Unreasonable delays in delivery or suspected lost shipments may be reported via the form available at the Customer Support Portal accessible at https://meet.ekwb.com/en/contact-support. Pursuant to the logistic services providers’ terms and conditions, EKWB will file any enquiries only after 30 days from the handover of the goods to the courier have lapsed. After the lapse of 6 (six) months from the handover of the goods to the courier, the enquiries are no longer possible and will not be accepted.

Pursuant to the provider’s terms and conditions, with EMS Priority shipping service, charge-back requests will only be accepted within 60 days after the parcel had been shipped out.

Shipping charges are not included in the advertised price of the products and will be charged separately. Shipping charges are based on the delivery destination and cannot be estimated before you provide us with the requested delivery destination information. Guaranteed shipping cost are displayed at the checkout page, before the order is finally and bindingly confirmed.

Shipping rates are automatically calculated by our information system, depending on the shipment weight, dimensions and delivery destination. All rates exclude any import customs duties and associated costs.

Import customs duties and associated costs (e. g. processing costs by the carrier, postal service provider or freight forwarder, payment provisions and fees, etc.) are not included in Grand Total value of the order and are to be borne by the customer at the designated delivery destination.

International Shipping

EKWB ships orders worldwide. International orders may require some form of identification before processing. If our web shop system does not offer the shipping to your country or the area that you reside in, please contact us via e-mail, so we can check the possibility of adding your country or area into our system. If we may not be able to process your order, we will cancel it and fully refund any possible payments via the original payment method.

Orders placed from countries outside the EU may be subject to import customs procedures. You are solely responsible for carrying out any import procedures and bearing any costs associated therewith (e. g. processing costs by the carrier, postal service provider or freight forwarder, payment provisions and fees, etc.). Furthermore, you are solely responsible for bearing any customs or other duties, VAT, sales or other taxes, levies or additional fees your country may charge, including all transaction costs. EKWB cannot pay such duties, taxes or levies on your behalf and consequently does not collect them.  

Failure to perform the import or have it performed will result in the return of the shipment to EKWB after a certain period of time, determined by the responsible carrier. Except if the inability to import the shipment can be clearly attributed to EKWB’s fault, EKWB will not reimburse any incurred shipping or other associated costs of the failed import and/or delivery. However, the purchase price will be fully refunded via the original payment method.

EKWB will in no case declare the ordered products as 'replacement parts', ‘warranty returns’, 'free samples/gifts' or misstate the value of the orders made in our web shop. At its discretion or at the request, subject to EKWB’s full and sole discretion, EKWB may split the order in several shipments. 

2.5. Inspection and Notification of Defects

You are liable to inspect the goods upon handover for any patent defects, i. e. apparent defects such as visibly damaged transport or secondary packaging, damages on the products or missing parts, or malfunctioning of the products.

Any patent defects must be notified to EKWB within 2 months after the handover if you are a consumer or 8 days if you are a business end-customer. Any latent defects, i. e. concealed defects that are not discoverable by an averagely diligent person during regular inspection, must be notified within 2 months after discovery if you are a consumer or 8 days if you are a business end-customer. EKWB is entitled to reject the defect claim in case of your failure to notify the defect within the periods set forth above.

If the product fails or stops to function faultlessly, you may request rectification. Warranty claims may be placed by the end of the warranty period and EKWB shall not be obliged to accept claims placed thereafter.

All defect, warranty and associated claims must be placed via the EKWB web shop/My Return portal according to the procedure set forth in the following Chapter (3. WARRANTY AND RETURNS).

 

3. WARRANTY AND RETURNS

3.1. Contact Us First Before Sending Anything Back

Before returning anything back to EKWB, please contact our team at EKWB web shop/My Returns and obtain the Return Merchandise Authorisation (RMA). When our team determines that your problem qualifies or it does not qualify for return, you will be informed and granted the RMA or the RMA will be rejected. If you return anything to EKWB without prior Return Merchandise Authorisation, this will be considered an unauthorised return, no service will be provided, you will not receive any credit for the Product(s) and EKWB will not ship the Product(s) back to you. EKWB reserves the right to dispose of the Products returned without the return merchandise authorisation at its own discretion. We may, in our sole discretion, arrange for fulfilment of our warranty obligations through an EKWB affiliate, authorized distributor, or an authorized warranty service provider. If you cancel your order before we return it, we will reimburse all payments received from you, including the costs of shipping and delivery. Product(s) must be returned to us as defined in this Terms of Sale. 

3.2. Returns for Convenience (30-Day Money Back Guarantee for Unwanted Items - EKWB Webstore Purchases)

3.2.1. Right to Withdrawal

For all purchases from the Web Shop at www.ekwb.com, the customer has the right to withdraw from the purchase for convenience and return the products against the refund of purchase price without stating the reason. The withdrawal must be communicated to EKWB within 30 days after receiving the ordered products pursuant to the Return Merchandise Authorisation (RMA) procedure (see Art. 3.1.). In case the order contains multiple products and the delivery is split, the 30-day notice period shall start to run upon reception of the last product from the same order. The notice shall be deemed to be submitted timely if sent off before the lapse of the aforementioned 30-day notice period.

For avoidance of doubt, if the returned products are inspected, handled or used by the customer in a way beyond the way comparable with the inspection possible in a brick-and-mortar shop, EKWB reserves the right to refund the customer a diminished value of the Products (see Art. 3.2.4.).

3.2.2. Return of Products

The products must be returned to EKWB within 14 days after the Return Merchandise Authorisation (RMA) is granted (see chapter 3.1). The customer may return the products either personally at the pickup location or ship them back via courier. In the latter case, the customer shall inform EKWB of the tracking number immediately. The return shall be deemed timely if the products are returned to the pickup location by the end of business hours on the last day of the 14-day notice period or dispatched via courier before the lapse of the aforementioned 14-day notice period.

The products must be returned to the address stated on the RMA.

If possible, the products must be returned in the original primary and secondary packaging. The products need to be appropriately packaged, protected against damages during transport (e. g. by air cushions, bubble foil, styrofoam), the packet must be labelled with the RMA code and “fragile” pictogram visible on the outer side, and enclosed with the RMA form.

The costs associated with the return to the pickup location or shipping costs shall be entirely borne by the customer. The height of the costs depends on the location of the customer, the chosen courier service provider, the selected courier service expedience and other courier service parameters, bulikness and weight of the returned items. The anticipated shipping costs will not exceed 300 EUR.

3.2.3. Rejection of Returns for Convenience

EKWB has the right to reject returns for convenience not announced or returned timely, returns without a Return Merchandise Authorisation (RMA), returns dispatched to the wrong address, returns not packed and labelled, or enclosed with all required documentation as stipulated herein, or returns containing products not meeting the required condition. EKWB may, at its sole and exclusive discretion, accept returns not meeting the conditions above and refund the purchase price after deduction of the diminished value of the products (see Art. 3.2.4.)

3.2.4. Refund of the Purchase Price, Deduction of the Diminished Value

For products eligible for return, EKWB will refund the purchase price and the initial delivery costs (including all extra tax, import, customs clearance and other associated costs, if applicable) within 14 days upon reception of the products, or after the reception of proof of dispatch of the products back to EKWB, whatever is earlier. In case the customer opted for a premium delivery option when placing the order, only the standard delivery costs will be reimbursed. In case only some Products from the order are returned, only the delivery costs pertaining to the returned Products will be reimbursed. If the delivery costs pertaining to the returned Products cannot be separated or would be the same even if the initial delivery did not include the returned Products, no delivery costs will be reimbursed.

The refund will be effected at the cost of EKWB via the same means of payment as used when the order had been placed, unless mutually agreed otherwise.

The customer is responsible and liable for the diminished value of the products in the following cases:

  • The product arrives to EKWB damaged and the damage was incurred after the initial delivery to the customer, irrespective of the reason (i. e. caused by the customer or during the transportation back to EKWB).
  • Opened primary packaging or wrappings of individual parts within the primary packaging.
  •  Signs of installation, use, filling with cooling or cleaning medium of the product (as applicable).
  • Any other state of the primary packaging, the product or its individual parts caused by the conduct of the customer exceeding the necessary inspection to establish the nature, properties or functioning of the product in a way comparable with the inspection possible in a brick-and-mortar shop.

EKWB is entitled to set-off, withhold and deduct from the refund amount reasonable costs incurred due to the diminished value of the products as set forth above. Such costs include e. g. the costs of substituting any missing product parts, repairs, cleaning, repackaging. Please note that the efforts needed to restore the used Products to factory state or the objective inability to do so may render the returned products unfit for further merchantability. In such cases, the diminished value may in the worst scenario represent the entire purchase price of the Product.

EKWB will inform the customer of the deduction amount and the reasons for the deduction before the refund is made.

3.3. STANDARD - EKWB product Warranty

3.3.1. EKWB product Two-Year Limited Warranty

You must send good quality photos or video, where the damage or faulty function is clearly visible/audible.

EKWB products are guaranteed against manufacturing defects two (2) years from the original delivery date. EKWB will rectify the defect free of charge if your device has a manufacturing defect that is covered by the warranty. During the warranty period, EKWB will make the choice whether to replace, repair or, if replacement and repair are not possible, return the purchase price, or in agreement with your otherwise correct for any EKWB product subject to the warranty which we determine as non-conforming after we check it out. Unless: (i) it falls under the limited warranty included with a EKWB product; or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties we warrant to you, and only to you, as applicable, that our EKWB products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 2 years from the original delivery date.

3.3.2. Extended Warranty

EKWB may offer an extension of warranty period for individual products, e. g. to customers who register their products with EKWB, subscribe to newsletters as part of purchase or advertising promotions or in other cases (Promotions). Extension of warranty under such Promotions is possible only for a limited period, only once for each individual product and is subject to terms and conditions of such Promotions.

3.3.3. Warranty Replacement for EKWB product Service Instructions

EKWB will repair or replace the EKWB product free of charge if your device has a manufacturing defect that is covered by the Warranty. EKWB will cover the shipping cost for your return of defect Products to EKWB, possible costs from EKWB to EKWB’s service center and back to EKWB, as well as the shipping costs for the delivery of repaired or replaced products back to you. For details see Section RMA PROCEDURE below.

3.3.4. Cases when EKWB product Warranty does not Apply

The EKWB product Warranty does not apply if the EKWB product has been installed and/or used in a manner that does not comply with user instructions, or has been fitted on unsuitable materials.

  1. Normal wear and tear
  2. If the EKWB product has been modified or repaired by personnel other than EKWB’s
  3. If the defect or damage has been caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB product specifications); or exposure to environmental conditions for which the EKWB product is not intended
  4. where the EKWB product is damaged as a result of abuse, accident, or other causes beyond our reasonable control

This limited warranty also does not apply to, and we are not responsible for, defects or performance problems resulting from: (i) the combination or use of the EKWB product with hardware or Software, information, data, systems, interfaces, or devices not made, supplied or specified by us; (ii) operating the EKWB product under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair, or use of EKWB products; (iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB product specifications); or exposure to environmental conditions for which the EKWB product is not intended; (v) normal wear and tear on consumable parts, or (vi) cosmetic damage and (vii) in contrary with these Terms of Sale. We do not warrant or guarantee the results obtained through the use of the EKWB product.

If any EKWB product stops working during the warranty period for reasons covered by our limited warranty, and you notify us of such a failure during the warranty period, we will at our option repair the defect, replace a nonconforming EKWB product with a new, equivalent to new, or reconditioned parts for the EKWB product or, if it doesn’t make financial sense in our determination, we will refund the EKWB product purchase price you paid (excluding separate costs of installation and shipping and/or any other handling costs, if any) upon your return of the EKWB product in accordance with our EKWB product return procedures as referenced above. In case of product replacement or significant product repair, the warranty period starts to run anew..

The Licensed Technology includes Third-Party Software and Hardware components. By entering into this Agreement and using Third-Party Software and Hardware, you are accepting the terms of respective licenses.  In this case, the Third-Party Software and Hardware terms will govern your use of the Third-Party Software and Hardware, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third-Party Software and Hardware.  You agree that the owners of the Third-Party Software and Hardware are intended third party beneficiaries to this Agreement in relation to your uses of Third-Party Software and Hardware.

3.3.5. Determination of Warranty Applicability

We can refuse warranty services if the EKWB product or Software date of purchase cannot be proven, if a claim is made outside the warranty period, or if a claim is excluded. Following our examination of your claim, we will notify you of your warranty status and the repair cost of any out-of-warranty EKWB product. At such a time you must issue a valid purchase order to cover the cost of the non-warranted EKWB product repair and return shipping or authorize return shipment of the EKWB product at your expense as is.

3.4. STANDARD - EKWB AIO product Warranty

3.4.1. EKWB AIO product Five-Year Limited Warranty

EKWB AIO products are guaranteed against manufacturing defects five (5) years from the original delivery date. EKWB will rectify the defect free of charge if your device has a manufacturing defect that is covered by the warranty.

During the warranty period, EKWB will make the choice whether to replace, repair or, if replacement and repair are not possible, return the purchase price, or in agreement with your otherwise correct for any EKWB AIO product subject to the warranty which we determine as non-conforming after we check it out. Unless: (i) it falls under the limited warranty included with a EKWB AIO product; or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties we warrant to you, and only to you, as applicable, that our EKWB AIO products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 5 years from the original delivery date.

3.4.2. Warranty Replacement for EKWB AIO product Service Instructions

EKWB will repair or replace the EKWB AIO product free of charge if your device has a manufacturing defect that is covered by the Warranty. EKWB will cover the shipping cost for your return of defect Products to EKWB, possible costs from EKWB to EKWB’s service center and back to EKWB, as well as the shipping costs for the delivery of repaired or replaced products back to you. For details see Section RMA PROCEDURE below. For details see Section RMA PROCEDURE below.

3.4.3. Cases when EKWB AIO product Warranty does not Apply

The EKWB AIO product Warranty does not apply if the AIO product has been installed and/or used in a mfanner that does not comply with user instructions, or has been fitted on unsuitable materials.

  1. Normal wear and tear
  2. If the EKWB AIO product has been modified or repaired by personnel other than EKWB’s
  3. If the defect or damage has been caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB AIO product specifications); or exposure to environmental conditions for which the EKWB AIO product is not intended
  4. where the EKWB AIO product is damaged as a result of abuse, accident, or other causes beyond our reasonable control

This limited warranty also does not apply to, and we are not responsible for, defects or performance problems resulting from: (i) the combination or use of the EKWB AIO product with hardware or Software, information, data, systems, interfaces, or devices not made, supplied or specified by us; (ii) operating the EKWB AIO product under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair, or use of EKWB AIO products; (iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB AIO product specifications); or exposure to environmental conditions for which the EKWB AIO product is not intended; (v) normal wear and tear on consumable parts, or (vi) cosmetic damage and (vii) in contrary with these Terms of Sale. We do not warrant or guarantee the results obtained through the use of the EKWB AIO product.

If any EKWB AIO product stops working during the warranty period for reasons covered by our limited warranty, and you notify us of such a failure during the warranty period, we will at our option repair the defect or replace a nonconforming EKWB AIO product with a new, equivalent to new, or reconditioned parts for the EKWB AIO product or, if it doesn’t make financial sense in our determination, we will refund the EKWB AIO product purchase price you paid (excluding separate costs of installation and shipping and/or any other handling costs, if any) upon your return of the EKWB AIO product in accordance with our EKWB AIO product return procedures as referenced above. Any repaired or replaced EKWB AIO product will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer.

The Licensed Technology includes Third-Party Software and Hardware components. By entering into this Agreement and using Third-Party Software and Hardware, you are accepting the terms of respective licenses.  In this case, the Third-Party Software and Hardware terms will govern your use of the Third-Party Software and Hardware, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third-Party Software and Hardware.  You agree that the owners of the Third-Party Software and Hardware are intended third party beneficiaries to this Agreement in relation to your uses of Third-Party Software and Hardware.

3.4.4. Determination of Warranty Applicability for AIO product

We can refuse warranty services if the EKWB AIO product date of purchase cannot be proven, if a claim is made outside the warranty period, or if a claim is excluded. Following our examination of your claim, we will notify you of your warranty status and the repair cost of any out-of-warranty EKWB AIO product. At such a time you must issue a valid purchase order to cover the cost of the non-warranted EKWB AIO product repair and return shipping or authorize return shipment of the EKWB AIO product at your expense as is.

3.5. Software

The Software is made available ‟as is.” EKWB makes no warranties, conditions, accompanying documentation as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality, or fitness for any particular purpose. EKWB provides no warranty regarding, and will have no responsibility for, any claim arising out of:

(i) using the Software in any way not covered by these terms and conditions or its purpose

(ii) the modification of Software made by anyone other than EKWB unless EKWB authorized such a modification (

iii) damages due to improper or sloppy use

(iv) the use of Software in combination with any operating system, or any Software or/and hardware not authorized or forbidden by EKWB.

EKWB provides no warranty and will have no responsibility for:

(i) operation of Software being uninterrupted

(ii) operation of Software being error-free

(iii) that the functions contained in the Software will meet distributor requirements

(iv) that the Software will be compatible with any Software or hardware, except Software and firmware authorized by EKWB EKWB is not responsible for any damages or loss resulting from the use or inability to use the Software.

3.6. Your Representations and Warranties

By making a purchasing of Product(s) and accepting these Terms of Sale, you hereby represent and warrant that:

  1. you have read and understood these Terms of Sale;
  1. you have the necessary authority and consent to accept these Terms of Sale, to enter into a binding agreement with EKWB and/or its Affiliates and to perform the obligations set out herein;
  1. if you are an individual (i.e. a natural person), you are at least 16 years of age, you have sufficient legal capacity according to your residency country laws to accept these Terms of Sale and to enter into a binding agreement with the EKWB on the terms set out herein;
  1. if you are buying our Product(s) as a corporate entity including, without limitation, any company or partnership (or other type of legal entity that is not a natural person), such entity is duly incorporated, registered and validly existing under the applicable laws of the jurisdiction in which the entity is established;
  1. if you are buying Product(s) for or on behalf of an entity or person, you are authorized to accept these Terms of Sale and enter into a binding agreement with EKWB on such entity’s or person’s behalf (and in such circumstances, references in these Terms of Sale “your” or “you” will be a reference to the entity or person on whose behalf you are authorised to make a contribution);
  1. you will not use Product(s) to finance, engage in, or otherwise support any unlawful activities;
  1. all of the above representations and warranties are true, complete, accurate and non-misleading from the time of your access to and/or acceptance of possession of these Terms of Sale.

3.7. Limitation of Liability

EKWB is not responsible for any modification or damage to, or loss of any programs, data, or other information stored on any media or any part of any Product(s) serviced by EKWB, or stored or hosted by EKWB in connection with a Software service EKWB provides, or for the seeking of Software support. Any Product(s) or Software sent to EKWB for support may be returned to you configured as originally provided to you by EKWB.

EKWB’s entire liability for any and all claims arising out of, or in connection with, these Terms of Sale is limited to the amounts you actually paid to us under the Terms of Sale. Further, neither EKWB nor EKWB employees are liable for any incidental, consequential, punitive damages, or other damages, or loss of profits, loss of revenue, loss or corruption of data or information, loss of use of the EKWB product or Software, or any associated equipment, costs of cover, downtime and user time, or for breach of any express or implied warranty or conditions, breach of contract, negligence, strict liability, or any other legal theory related to Products or the Software. Except to the extent prohibited by applicable law, any implied warranty of satisfactory quality or fitness for a particular purpose applying to Products or Software is limited in duration to the duration of the warranty specified above. Some countries do not allow the exclusion or limitation of incidental, consequential, or specified other damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply, or may not fully apply to you.

3.8. RMA Procedure

You can start RMA procedure through your web shop account under My returns, where you can choose the Product(s) you want to return and the reasons for return in the drop-down menu. In case you placed an order without creating a web shop account (as a guest), you will have to create a web shop account before starting RMA procedure and manually enter the Product(s) to which your claim is related.

In case the EK-Care Package was ordered at the time of purchase, you can only take avail of the service if the email address under which the web shop account is registered matches the email address submitted during the ordering process.

Please follow the RMA instructions below:

  1. Print out the RMA document.
  2. Scan or take a photo of the filled-out RMA document and attach it to the portal as requested.
  3. Securely pack the device(s), preferably in original packing and mark the package with the provided RMA number. Include the RMA document in the package.
  4. Print out and affix the shipping label to the package.
  5. Bring the package to the agreed pickup location or send the package to the address stated on the shipping label.

 

Please note personal deliveries of returns to the pickup location will only be accepted if the return merchandise authorisation has been granted and the RMA procedure above is duly followed. EKWB reserves the right to reject returns not requested timely, returns without a Return Merchandise Authorisation (RMA), returns to the wrong address, returns not packed and labelled, or enclosed with all required documentation as stipulated herein, or returns containing products not meeting the required condition.

3.8.1. Returns

All returns must be returned to the address indicated on the RMA form or shipping label. Returns that don’t qualify for defect liability or warranty coverage will be repaired and/or returned to customers at their own costs. Your purchase of any Product is governed by the limited warranty provided with that Product. Product needs to be returned in 14 days after RMA is approved by EKWB. In contrary EKWB is not obliged to fulfil its obligations under RMA Procedure.

3.8.2. Shipping of Returned Products to EKWB

The costs associated with the return shipping in case of returns for convenience shall be entirely borne by the customer.

The costs associated with the return shipping in case of justified returns due to defects shall be entirely borne by EKWB. EKWB will cover the shipping cost for your return of defect Products to EKWB, possible costs from EKWB to EKWB’s service center and back to EKWB, as well as the shipping costs for the delivery of repaired or replaced products back to you.

In case of unjustified returns due to defects, EKWB shall not be liable to reimburse the costs of shipping defect Products to EKWB.

All shipped packages from EKWB are fully insured. If you receive a damaged package, you must notify us immediately by e-mail (link: [email protected]). Sending back damaged merchandise voids the shipping insurance and no credit will therefore be given. Damaged packages must be held for seven calendar days with original packaging for courier's company inspection. We will send you new Products free of any expenses.

Please ship the return package using a carrier that provides a tracking number and proof of delivery. We recommend DHL, UPS, GLS or FedEx. EKWB will not be responsible for items lost by the carrier, but will help you resolve the issue with the delivery courier. Valid proof of delivery must include the receipt signature of an authorized EKWB employee.

3.9. EK-Care Package

3.9.1. General

“EK-Care Package” is a service ensuring faster and priority treatment of incorrect delivery claims, defect liability and warranty claims, and granting the customers greater choice of rectification methods as compared to other customers who do not order EK-Care Package service. The detailed contents of the service are described in Art. 3.10.6. (Contents of the Service).

EK-Care Package service is subject to these terms and conditions, which apply in addition to the Terms of Sale.

While EK-Care Package grants several rights reserved exclusively to the customers who have signed-up for EK-Care Package, failure of the customer to order EK-Care Package does not in any way adversely affect the customer’s rights granted under the liability for defects and warranty, which remain unaffected and subject to the Terms of Sale.

EK-Care Package does not guarantee positive resolution of claims in any way nor does it contribute to the claims success rate in any way.

EK-Care Package does not guarantee priority of particular claims above the other claims. EK-Care Package service claims will be prioritised according to the time of reception of full and complete RMA request form and the accompanying evidence, as well as any further information or evidence requested by EKWB’s staff, necessary to process the claim. All EK-Care Package service claims, particularly regarding the committed time of processing the claims, are subject to customer’s prompt, full and constructive cooperation. 

EK-Care Package service does not relieve the customer of its burden of proof with respect to any claims placed, particularly the duty to present EKWB with all required information and evidence required under the applicable laws and the Terms of Sale necessary for processing the claim and establishing its justification. Likewise, EK-Care Package service does not imply any waiver of EKWB’s right to reject unfounded claims.

3.9.2. Eligibility

EK-Care Package is available optionally against additional remuneration with the purchase of any Products from the Web Shop.

EK-Care Package is only available to end-customers, whether natural persons or legal entities.

EK-Care Package can be ordered during the placement of the order via the Web Shop after the items are added to the cart and before the final checkout step (binding order placement).

EK-Care Package only applies to the Products from the order with which the service has been booked and does not apply retrospectively or to any other orders. Subsequent orders of EK-Care Package after the order has been placed are not possible. EK-Care Package service is not available for Products purchased with our resellers or on other webshops.

3.9.3. Service price

EK-Care Package service price is set at 3 % of the Grand Total order value (including the actually charged price of Products and services – considering any possible discounts, including shipping costs, including VAT or other sales tax, excise and customs duties, which are applied to the total order value pursuant to applicable legislation requirements).

The total EK-Care Package service price and the applicable VAT or other sales tax rate and value is displayed in the ordering process step where the service can be ordered.

3.9.4. Cancellation

Cancellation of EK-Care Package order is possible within 30 days after purchase, provided EK-Care Package services have not been used nor any claims have been placed under the EK-Care Package. The conditions of Art. 3.1. (Contact Us First Before Sending Anything Back) and 3.9 (RMA procedure) apply mutatis mutandis. The cancellation, once the cancellation notice is received, is final and non-revokable.

3.9.5. Applicability

EK-Care Package can be taken avail of only with respect to incorrect delivery claims, defect liability and warranty claims. Incorrect delivery claims include: lost shipments, incomplete shipments (missing parts), shipments of wrong products, damaged shipments wrapping, irrespective of the courier service provider.

The service cannot be taken avail of in connection with returns for convenience, which are subject to the terms of Art. 3.2. (30-Day Money Back Guarantee (EKWB Webstore Purchases) of the Terms of Sale.

3.9.6. Contents of the Service

While EKWB strives for the fastest possible processing of incorrect delivery, defect liability and warranty claims in order to achieve maximum customer satisfaction, inquiries and the inspection of defect Products typically consume few weeks of time.

With EK-Care Package, subscribers’ claims will be treated with priority. In case of:

a)     Incomplete shipments (missing parts): EKWB will dispatch the missing parts within 7 (seven) days upon receiving the full and complete claim.

b)     Shipments of wrong products: EKWB will reship the order within 7 (seven) days upon receiving the full and complete claim.

c)     Lost shipments: EKWB will not wait for the outcome of shipment whereabout inquiries and the resolution of the mis-delivery claims with the courier service provider past 7 (seven) days. Instead, shipments will be automatically replaced and Products immediately reshipped if the delivery fails to take place within 7 (seven) days after the full and complete EK-Care Package service claim is placed. If the initial shipment eventually arrives, the customer shall, at its option, either a) retain the Product and pay EKWB the purchase price, or, b) return the redundant Product at EKWB’s costs. EKWB will organise the pick-up of the later delivery. The customer shall be liable for any costs, expenses or damages incurred by EKWB due to his/her failure to pay or return the redundant Product.

d)     Damaged shipment wrapping: EKWB will not wait for the outcome of the inquiry with the courier service provider. Instead, shipments will be reshipped within 7 (seven) days upon receiving the full and complete claim.

e)     Defect or warranty claims: Even though under mandatory statutory defect liability and warranty provisions and these Terms of Sale the customer is not entitled to withdrawal and the return of purchase price, unless the seller is unable to repair or replace the defect product, under EK-Care Package, the customer may choose either to have the defect product replaced or withdraw from the purchase against the refund of purchase price and associated costs. EKWB will refund the purchase price and associated costs or replace the defect Products within 7 (seven) days after receiving full and complete defect liability or warranty claim, prior to conducting a full inspection of the defects and irrespective if EKWB would otherwise prefer the repair as the better rectification option. General defect liability and warranty rules apply in case the replacement with the exactly same product version is not possible (see Chapters 3.4. and 3.5.). EKWB will refund the purchase price and the initial delivery costs (including all extra tax, import, customs clearance and other associated costs, if applicable) at its own cost via the same means of payment as used when the order had been placed, unless mutually agreed otherwise. For avoidance of doubt, the costs of the EK-Care Package service will not be reimbursed.

All costs of the supplement/replacement delivery will be borne by EK according to general rules on the allocation of shipping costs (see Articles 3.4.3. and 3.5.2).

For avoidance of doubt, the EK-Care Package service does not mean the regular inquiry and inspection procedures will be waived, but rather the customer claims will be resolved prior to their completion. For cases where the service can be temporary or permanently denied, stopped and expenses reclaimed, please see Art. 3.10.9.

3.9.6. Business Hours

EK-Care Package service is available and operational during business Hours at Regular Working Days. Regular Working Days include Monday to Friday, excluding public holidays that are statutory non-working days. Business Hours are the time between 6.00 and 14.00 CET during Regular Working Days.

3.9.7. Conditions of the Service

You can only take avail of the service provided you have an active web shop account at www.ekwb.com, and provided the email address under which the web shop account is registered matches the email address submitted during the ordering process.

The service can only be utilised once for every order, but may embrace one or more Products from the same order. Notwithstanding the foregoing, multiple different claims pertaining to the same order will be allowed if filed within the total span of 5 (five) days between the first and the last claim.

The aforementioned shall apply also in cases where the EK-Care Package service claim is rejected or not justified.

EKWB shall have the sole and exclusive choice of the courier service provider who will be picking up the defect Products and/or delivering the missing parts or replacement products (as applicable).

3.9.8. Mandatory Requirements

EK-Care Package service can only be requested on the Web Shop RMA portal available within the customer's account at EKWB web shop (www.ekwb.com) under My Returns via the Return Merchandise Authorisation procedure as set forth in Art. 3.1. and 3.9.

The claims under the service can only be processed if and once full details as required within the RMA request form and supporting documentation are submitted to EKWB pursuant to the provisions below. The terms from Art. 3.10.6. (Contents of the Service) only commence to run once the service request is fully completed and all required documentation is submitted to EKWB. EKWB reserves the right not to render any services under EK-Care Package in case of missing information or documentation.

Key information without which the service cannot be rendered at all include, among other required data:

  1. Shipping address for pickup and possible delivery of replacement Products in the syntax “Name Surname, Street address, Postcode, City, Area/State, Country”
  2. Contact information (email or telephone number)
  3. Description of the problem.
  4. Claim contents (withdrawal with refund or delivery of replacement Products – if applicable).
  5. Evidence demonstrating the claim is justified, such as photo, audio or video recordings.

All submitted photos, audio or video recordings must be clear, adequately zoomed, taken under adequate lighting conditions, of sufficient quality and resolution that the facts they intend to support/prove can be clearly visible/audible or otherwise perceptible.

EKWB reserves the right to request additional information or documentation as a condition for resolution of the claims under EK-Care Package service.

3.9.9. Exclusions of the Service

EKWB reserves the right to reject the EK-Care Package service claims, temporarily or permanently deny the service performance or stop its performance in the following cases:

a)     EK-Care Package service has been cancelled.

b)     EK-Care Package service claim is placed with respect to a case where the service is not applicable.

c)     A claim is placed that is not covered by the EK-Care Package service.

d)     The customer fails to provide full details as required within the RMA request form and supporting documentation.

e)     The submitted evidence apparently does not support the claim.

f)      Other failure of the customer to comply with mandatory requirements from the previous Art. 3.10.8.

g)     The customer fails to cooperate properly and provide additional

 

EKWB reserves the right to reclaim all expenses, losses and damages incurred with or as a consequence of performance of EK-Care Package services in the following cases where claims turn out not to be justified:

a)     Fraud, misrepresentation

b)     Infliction of defects due to wilful misconduct or gross negligence by the customer

c)     The customer fails to return the (defect) Products at EKWB’s request.

The reclaimable expenses and losses include, by example, all shipping costs from the customer to EKWB and back, the costs of replacement Products to which the customer was not entitled, internal administrative and case handling costs, etc.

3.9.10. Reclaiming of Expenses

For avoidance of doubt, EKWB shall be entitled to the reimbursement of the costs, expenses and damages incurred with the EK-Care Package service performance if it can be clearly demonstrated that the defect is a consequence of the failure of the customer to follow common-sense or any key user, operational, maintenance or service manual instructions or recommendations for Product handling. EKWB shall not be entitled to the foregoing if the root cause of the defect cannot be proven with reasonable reliability, is a consequence of poor design, defect in material or workmanship, poor instructions, coincidence or alike. 

4. GENERAL PROVISIONS

4.1. Not for Resale or Export, Anti-Corruption Clause

Products thereof supplied by EKWB under these Terms of Sale are subject to export controls under the laws and regulations of the Republic of Slovenia (“Slovenia”) and any other applicable countries’ laws and regulations.

You shall comply with such laws and regulations governing export, re-export, import, transfer and use of Products and will obtain all required local authorizations, permits, or licenses. EKWB and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

You shall not export Products without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom EKWB is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Products to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any Products with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of an Product. You shall defend, indemnify, and hold EKWB harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

You also represent and warrant that your officers, employees and agents shall comply with the anti-corruption laws of your resident country and the Laws of the Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

4.2. Notices

Any notice or other communication given by either party to the other regarding these Terms of Sale will be deemed given and served.

4.3. Prices and Taxes

Prices will be as quoted in writing by EKWB or, in the absence of a written quote, as set out on our website, customer-specific portal, or EKWB published list price at the time an order is submitted to EKWB. Prices are inclusive of taxes, duties, and fees (including shipping and handling) unless provided otherwise by EKWB.

4.4. Force Majeure

Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

4.5. Intellectual Property

No transfer of ownership of any intellectual property will occur under these Terms of Sale. You may not sublicense, assign, transfer, rent or lease the Software or Software license except as permitted by EKWB.

4.6. Electronic communications

When you use any EKWB service, or send e-mails, text messages, and other communications from your desktop or mobile device to EKWB, you are communicating with EKWB electronically. You consent to receive communications from EKWB electronically. You agree that all agreements, notices, disclosures, and other communications that EKWB provides to you electronically satisfy any legal requirement that such communications be in writing.

4.7. Business integrity & Severability

You shall comply with all relevant laws and international agreements to secure lawful business with highest integrity standards as they are required in industry.

In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

4.8. Governing Law and Jurisdiction

Place of fulfilment and performance for any obligation arising in context with our deliveries is Ljubljana, Slovenia.

The place of jurisdiction shall be Ljubljana, Slovenia and its competent courts. Governing Law shall be the law of Slovenia with the exclusion of international conflict of law’s provisions thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

4.9. Entire Agreement

The failure of EKWB to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. These Terms of Sale and any related terms and policies operating rules posted by EKWB on this site constitutes the entire agreement and understanding between you and EKWB and govern your use of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale). Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.

4.10. Changes to Terms of Sale

You can review the most current version of the Terms of Sale at any time at this page. EKWB reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to EKWB website. It is your responsibility to check website periodically for changes. Your continued use of or access to EKWB website or the Service following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.