Terms of sale

Welcome to Redpitaya.com! Red Pitaya company provides website features and other products and services to you when you visit or shop at Redpitaya.com subject to the following conditions:

(1) Introduction

Please read these terms of sale carefully. It is important that you read and understand these terms of sale that will apply to this contract before agreeing to them (the “Terms”).

(2) Interpretation

In these Terms, “we” means Red Pitaya d.d. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on our website http://www.redpitaya.com (the “Website”) constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you  may create an account with us and log in; if you are an existing customer, you may enter your login details; if you do not wish to create an account with us you will be required to enter details in the required fields (iii) once you are logged in or have entered the required details, you must confirm your order and agree to these Terms; (iv) you will then be asked to enter your payment details; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these Terms specifically in relation to your order. We may update the version of these Terms on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms for your records.

The only language in which we provide these Terms is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking your order. You may correct those input errors before placing your order.

(4) The products

The use of the products is subject to the terms of use. The terms of use of the products are found on http://blog.redpitaya.com/tou/. By accepting these Terms you accept that you will comply with these terms of use.

(5) Price and payment

Prices for products are quoted on our Website in EUR and USD. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the payment is not received from you in full in cleared funds.

Payment for all products must be made by PayPal, debit/credit card or by bank transfer.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Taxes

You are responsible for sales tax and any other taxes or governmental fees associated with your Order. If you qualify for a tax exemption, you must provide Red Pitaya with a valid certificate of exemption or other appropriate proof of exemption. Customer shall also pay insurance, and taxes (including import or export duties, sales, use, value add, and excise taxes).

(7) Your warranties

You warrant to us that:

a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms;

b) the information provided in your order is accurate and complete; and

c) you will be able to accept delivery of the products.

(8) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

We will use reasonable endeavours to deliver products, within 3 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date for international shippments (package may get held up in customs). We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 3 days of the later of receipt of payment and the date of our order confirmation.

(9) Risk of loss

All purchases of physical items from Amazon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

(10)  What can I return?

You can return all new, unopened items sold by Red Pitaya at any time within 30 days after the day you received the relevant product for a full refund. Returns process is easy: Fill the RMA you find on this link and send it to support@redpitaya.com Once received the authorisation, prepare the package, attach the RMA and a copy of the invoice and ship it to the address provided by our support team.

 (11) When I will get my refund?

Most refunds are fully refunded in 5-10 business days after we receive and process your return.

(12) Warranty

All products purchased through Redpitaya.com have 1 year warranty starting from date of purchase. The warranty applies only if the products are used accordingly to the terms of use (TOU)set forth here . If you have any issues with your product please contact our Red Pitaya support team at support@redpitaya.com. They will come back to you with a solution as soon as possible.

(13) Privacy notice

Redpitaya.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.

What personal information about Customers does Redpitaya.com gather?

- Information you give us:

We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

- Automatic Information: 

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Redpitaya.com or advertisements and other content served by or on behalf of Redpitaya.com on other Web sites. 

The information we get from you (customers) helps us personalize and continually improve your Redpitaya.com experience.

 (14) Limitations of liability

The products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

You must follow any advice we give you on how to use and store the products we supply. We will not be liable for any damage or injury which is caused by your failure to follow this advice or any misuse of the product.

(15) General terms

Images of products on our Website are for illustrative purposes; actual products may differ from such images.

Contracts under these Terms may only be varied by an instrument in writing signed by both you and us. We may revise these Terms from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these Terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms, at any time – providing such action does not serve to reduce the guarantees benefiting you under these Terms.

Each contract under these Terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the last paragraph of section 12, these Terms contain the entire agreement and understanding of the parties in relation to the purchase of products from our Website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our Website; and each party acknowledges that no representations not expressly contained in these Terms have been made by or on behalf of the other party in relation to the purchase of products from our Website.

These Terms will be governed by and construed in accordance with German law, and the courts of Germany will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Terms. We will not be liable or responsible for any failure to perform, or delay in performing any of our obligations under these Terms which is caused by events outside our reasonable control.  If a party is unable to perform any of its obligations for a period of more than 90 days after the commencement of such failure or delay then the other party may terminate a contract by giving the other party 7 days’ written notice of termination. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given to Red Pitaya d.d., Vojkova 65, 1000 Ljubljana or info@redpitaya.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(16) About us

Our full name is Red Pitaya d.d.
Our registered office and principal trading address is:

Red Pitaya d.d..
Velika pot 22,

5250 Solkan

Our email address is info@redpitaya.com
Our VAT number is SI 26833921