Terms of use

GENERAL TERMS AND CONDITIONS

 

These General Terms and Conditions apply to online orders placed with the Red Pitaya online shop located at the following website: https://www.redpitaya.com/Catalog (hereinafter online shop).

 

The General Terms and Conditions represent a legally binding contract concluded between you and Red Pitaya d.d. The General Terms and Conditions are binding for all buyers who buy products via this online shop. By agreeing to these General Terms and Conditions, a contract is concluded between you and Red Pitaya d.d.

 

If you do not agree to these General Terms and Conditions, you WILL NOT be able to purchase any products in the online shop. The buyer shall agree to the General Terms and Conditions IN FULL and without reservation. 

 

By confirming the order, the buyer declares that they have read, understand and agree to these General Terms and Conditions in full.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO THEM AND CONFIRMING THE ORDER.

 

The online shop is owned and operated by Red Pitaya d.d.

 

Company’s contact details:

Red Pitaya d.d.

Velika pot 22

5250 Solkan

VAT ID: SI26833921

Registration number: 6428797000

The company is registered at the Nova Gorica District Court.

 

Basic terms

 

Red Pitaya d.d., hereinafter also the seller, owns and operates the online shop available at https://www.redpitaya.com/Catalog

 

The online shop is a website intended for the online purchasing of Red Pitaya d.d. products, the use of which is subject to these General Terms and Conditions.

 

The buyer or “you” is a natural or legal person who made a purchase in the online shop or is using the online shop.

 

Making a purchase in the online shop

 

The buyer can make a purchase in the online shop at: https://www.redpitaya.com/Catalog.

 

1.      Purchasing process

The buyer makes a purchase in the online shop by following the purchasing steps defined below.

The buyer adds the selected products to a cart. Once they have selected all the products that they wish to purchase, the purchasing process begins. The buyer fills in all the required information and submits their order by confirming the order in the last step of the purchasing process. The buyer is able to review their order before confirming it to check if there are any mistakes in the order or to make changes to their order.

Once the order is confirmed, the order is submitted and can no longer be modified. The order is confirmed once the General Terms and Conditions are accepted and the complete the purchase button is clicked.

An order confirmation is sent to the buyer to the e-mail address provided while submitting the order.

 

The contract between the buyer and the seller is concluded once the buyer confirms the online order and accepts the General Terms and Conditions. The contract is binding for both the seller and the buyer. All contract elements - order content, delivery costs, order costs - are fixed.

 

The buyer receives a paper invoice upon delivery of the ordered products. The contract is concluded in electronic form and a copy of the contract is not available. The seller keeps a record of concluded contracts.

 

2.      Range of products and product availability

The seller determines the range of products available in the online shop and will try their best to ensure availability of these products. The seller does not guarantee the availability of the offered products. The delivery period and availability of a particular product are indicated in the online shop.

 

The seller will try their best to ensure that the information provided in the online shop is accurate and complete. Despite their efforts, the seller recognises that incorrect information regarding the price, the product and stock of a particular product could be stated.

 

3.      User account and registration

The buyer can make a purchase as a guest or by creating a user account on the seller’s website.

In order to be able to create a user account, the seller has to process some of the buyer’s personal data. More information on the processing of personal data is available in our privacy policy.

 

Upon registration, the buyer shall create a password for accessing their user account. The buyer shall do their best to protect their password and not disclose it to anyone else. A user account can only be used by one person, i.e. the person who created it. The buyer undertakes to prevent third parties from accessing or using their user account. The buyer reserves the right to regard all activities taking place through their user account as the buyer’s activities.

 

The seller shall not be liable for any damages suffered by the buyer as a result of their user account being hacked. The seller shall maintain the security of the online shop, but cannot guarantee its operation or the security of user accounts. The online shop and all its functionalities are available as they are, i.e. on “as is“ basis. The seller does not guarantee their smooth operation and reserves the right to disable the online shop temporarily or permanently without prior notice.

 

The buyer is only permitted to use their user account within the purpose of this user account, and shall not exceed this use. A buyer who has already created a user account is not permitted to create additional user accounts. The seller reserves the right to immediately delete such user accounts. As far as this is needed to protect the seller’s rights, the seller reserves the right to initiate any procedures that are necessary to protect their rights and interests.

 

4.      Prices and payments

4.1.           Prices

All prices shown in the online shop are in EUR and include VAT. All prices in the online shop include value added tax.

The prices do not include delivery costs, possible customs duties and other fees that could affect international orders.

A currency converter (to USD) is provided for foreign buyers. Displaying prices in foreign currencies is one of the website’s functionalities that can be selected by the website user. When using the online shop in a language variant that shows prices in foreign currencies, the exchange rate applicable when the payment is made is used for calculating the final price. Minor modifications to the final price (compared to the price shown in the online shop) can occur due to currency fluctuations. 

 

The seller reserves the right to change the prices in the online shop at any time. The buyer is bound by the price applicable at the time the sales contract was concluded, i.e. upon confirming these General Terms and Conditions. The price set when the transaction is concluded is fixed and cannot be changed.

In case of a pricing error regarding the price of the product ordered under these General Terms and Conditions, the seller shall immediately inform the buyer of the error and offer them the following options:

-       withdrawal from the contract and payment reimbursement;

-       order confirmation using the correct price.

 

4.2.           Payment options

The following payment options are available:

-       PayPal;

-       credit or debit card;

-       bank transfer.

 

The seller reserves the right to dispatch the ordered products only once the buyer has completed the payment. The products will be dispatched within three (3) days and in a manner defined in the paragraph below.

 

If the buyer fails to settle the amount owed for a particular order within fourteen (14) working days of concluding the transaction, the seller shall deem such an order as cancelled and send the buyer an order cancellation notice.

 

If the order is cancelled as described above and the buyer has made a partial payment, the seller shall refund the payment. If the buyer is a legal person, the seller reserves the right to deduct administrative costs incurred in the amount of EUR 50.00.

 

4.3.           Promotions and other special offers

As part of their business operations, the seller offers various promotional offers, discounts and other activities (hereinafter “promotions”). The seller provides their promotions at their own free will and can make such promotions conditional upon specific conditions (e.g. only available to new subscribers). The buyer is obliged to read the conditions for each promotion carefully; conditions will be published separately for each promotion.

 

The seller reserves the right to limit a particular promotion in time, or to designate a specific number of products for a particular promotion. The promotions will be visibly marked in the online shop; the promotional price will be stated next to the regular sales price.

 

Special offers are not cumulative. The buyer can only use one promotion of their choice per order. The promotions cannot be redeemed in any other way and cannot be exchanged for cash.

 

5.      Delivery

The seller shall deliver the ordered products to the address provided by the buyer in their order. The seller shall make every effort to deliver the products as soon as possible, but cannot guarantee delivery within a specific time limit. The seller is not bound by the delivery period specified in the order; this only serves as an estimate for the buyer.

The seller cannot exert any influence over factors such as international traffic, customs procedures and other events which may affect the delivery.

 

The delivery costs are defined in the purchasing process. By confirming the order, the buyer also accepts the delivery costs. Delivery costs can be viewed here: https://www.redpitaya.com/171/shipping-costs.

 

If the buyer requests the use of a different carrier to those used by the seller, the risk of destruction passes to the buyer as soon as the products are handed to this carrier.

 

6.      Failure to collect products

The buyer undertakes to collect the ordered products. If the buyer fails to collect the ordered products and the shipment is returned to the seller, the seller may withdraw from the transaction and reimburse the buyer.

 

In case of failure to collect products, the risk of product destruction or damage passes to the buyer at the moment of attempted delivery.

 

7.      Hardware and software suitability

The seller sells hardware and software with certain specifications. The buyer shall study the specifications in detail before making a purchase and shall make sure that the ordered hardware and software is compatible with their equipment. The seller does not accept any returns due to incompatibility issues. Also, the seller is not liable for any damage resulting from using the buyer's incompatible hardware and/or software.

 

The buyer shall ensure suitable hardware or software is used with regard to the intended purpose of the seller’s products. The buyer must also ensure suitable operating conditions, which are defined in the instructions for use of the particular product (e.g. Internet connection).

 

The buyer shall study all the instructions for use and all the specifications for the particular product and/or the particular component of a specific product in detail. The instructions for use should be followed fully and all measures indicated in these instructions should be taken.

Warranty

A one-year warranty applies to all products subject to these General Terms and Conditions. The warranty begins on the day when the product is collected by the buyer. The warranty is defined in greater detail in the warranty document enclosed with the product.

 

The seller undertakes to repair any defective products free of charge during the warranty period. A warranty claim can only be submitted for defects that fall within the warranty cover as defined below. The buyer undertakes to make a warranty claim in accordance with these General Terms and Conditions. 

 

1.      Warranty cover

Warranty cannot be claimed:

-       For defects or malfunctions that occur after the warranty period has expired;

-       If defects or malfunctions are caused by inappropriate use of the product, i.e. any use not defined in the instructions for use of the particular product;

-       If the product was altered or modified in any way;

-       For mechanical damage or damage caused by natural elements (water, sun etc.);

-       For damage caused due to natural disasters (earthquake, lightning, flood etc.) or exceptional circumstances (war, strike, exposure to unsuitable or unstable electric current etc.);

-       If defects or malfunctions are caused by using unsuitable accessories not compatible with the seller’s products. The buyer shall verify the compatibility of third-party products before using such accessories.

 

The warranty is defined in greater detail in the warranty document enclosed with the specific product upon purchase.

The seller will review every warranty claim and make a decision regarding the claim based on this.

 

2.      Return procedure

The buyer can invoke the warranty by sending a warranty claim to the seller; the invoice received at the time of the purchase must be enclosed as proof of purchase. In order to invoke the warranty, the buyer shall fill in the RMA form available here. The form can also be found in the buyer’s user account (if they have one). The RMA form, i.e. the warranty claim shall be sent to support@redpitaya.com.

 

After a review of the warranty claim, the seller will send the buyer technical instructions on preparing the package (if the return is approved). The buyer shall prepare the return package in accordance with these instructions and enclose a copy of the invoice. The products to be returned have to be packed in the original or suitable packaging. The package shall be addressed to the address stated in the technical instructions.

 

The buyer shall bear the costs of sending the package, including any additional costs which may result from transport (customs duties and other fees). The seller will not accept any packages with underpaid or unpaid postage.

 

The repaired products will be sent to the buyer by mail to the address stated in the warranty claim. The costs of sending the repaired products shall be borne by the seller.

 

If the seller fails to repair the product within 45 days, the buyer has the right to demand a new product. A new product can also be sent to the buyer if it is not possible to repair the returned product.  

 

Products damaged due to inadequate packaging will be returned to the buyer without repairs made. The shipping costs of such returns shall be borne by the buyer.

 

3.      Rejecting a claim     

If the product defect is not covered by the warranty, the seller shall inform the buyer and offer them the option of a paid repair. If the buyer refuses a paid repair, the seller shall return the products to the buyer. The shipping costs shall be borne by the buyer.

30-day return policy

New and unopened products ordered from Red Pitaya can be returned within 30 days after the purchase. This applies only to products that have not yet been used (new products). The buyer is entitled to a full refund if the ordered products are returned in the original packaging. The original packaging includes safety elements that prevent shocks to the products during shipping.

 

The return shall be carried out in accordance with the procedure for invoking the warranty described above.

 

The shipping costs and any customs duties or other fees related to the shipment shall be borne by the buyer.

 

If the shipment meets the conditions specified above, the buyer will be refunded within 5 to 10 working days after the seller receives the shipment. If the shipment does not meet the requirements, the seller shall return it to the buyer at their expense and reject the request for a refund.

Warranty

The seller excludes a material defect warranty. If it turns out that excluding the warranty is not fully possible, the seller sets a material defect warranty period of 6 months after the product was delivered. With regard to the procedure and time limits for pursuing guarantee claims, the provisions of the Obligations Code shall apply. This applies to purchases made by legal persons; if the buyer is a natural person (hereinafter also buyer - consumer), the warranty rules defined here shall apply.

 

The seller shall bear the risk of product destruction or damage until the products are collected by the buyer. If the products are not collected, the risk of accidental destruction passes to the buyer once the delay starts.

Disclaimer

The online shop is available “as is”. The seller does not guarantee its operation and is not responsible for any damage that may result from using the online shop.

 

The seller does not guarantee that the products are suitable for the purpose pursued by the buyer. The buyer must check by themselves if the seller’s products are suitable for the purpose pursued, and if they are compatible with the hardware and software used by or intended to be used by the buyer. The seller accepts no responsibility for damage that may arise from inappropriate use, product incompatibility or any other damage arising from or connected to using the seller’s products. Prior to using the products, the buyer must check the suitability of the products and ensure they are used in accordance with their intended purpose.

 

The seller shall not be liable for any damages suffered by the buyer as a result of altering the product. If the product is altered and certain components or the operation of the product are modified, the buyer is responsible for all consequences resulting from this.

 

The seller shall not be liable for any damages suffered by the buyer as a result of inappropriate use of the product. The buyer shall ensure that they have sufficient knowledge to enable them to use the product correctly and in accordance with the instructions for use. All consequences resulting from incorrect use shall be borne by the buyer. 

Complaint procedure

The following complaint procedure shall apply mutatis mutandis for all claims available to the buyer within these General Terms and Conditions.

The complaint procedure generally involves the following four steps:

 

  1. Fill in the RMA form and send it to support@redpitaya.com. The RMA form can be found in the buyer’s user account and is also available here. In the RMA form, stipulate which claim you are pursuing and describe the reason for your complaint in detail.
  2. Wait for authorisation by the seller and technical instructions for returning the products.
  3. Prepare the package according to the technical instructions. Protect the package using the original packaging (or other suitable packaging) and enclose a copy of the invoice.
  4. Send the package to the address provided in the technical instructions.

 

Making a purchase as a natural person

This section only applies to purchases made by natural persons (consumers). This part of the General Terms and Conditions does not apply to purchases made by legal persons, which includes purchases made by sole proprietors.

 

1.      Withdrawal from the contract

The buyer - consumer has the right to withdraw from this contract according to the Consumer Protection Act (ZvPot) under the conditions defined in this chapter.

 

The buyer - consumer can withdraw from the contract without stating a reason within 14 days after receiving the product. The buyer does not have to state the reasons for the withdrawal.

The buyer - consumer must inform the seller of their withdrawal from the contract within the deadline stipulated above and in a manner stipulated here. The buyer shall state their withdrawal using the RMA form that can be found in their user account or here.

 

The buyer - consumer shall return the products within 14 days after submitting their withdrawal statement. The seller shall reimburse the buyer - consumer within 14 days after receiving the products that are the subject of the withdrawal.

 

The buyer - consumer shall bear the shipping costs for the returned products. The shipping costs will not be reimbursed.

 

If the products returned by the buyer - consumer are damaged or worn to an extent exceeding the use necessary for establishing the nature, characteristics and operation of the product, the value of the products is reduced. The buyer - consumer shall be responsible for the reduction in product value; the seller shall inform the buyer of the estimated reduction in value.  The seller reserves the right to offset the reduced product value with the sales sum refund.

 

2.      Out-of-court resolution of consumer disputes

The seller does not recognise any providers of out-of-court resolution of consumer disputes as competent for resolving a consumer dispute that the consumer instituted in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

 

The seller provides an electronic link to the online consumer dispute resolution platform in accordance with the applicable legislation. The platform can be accessed here.

 

3.      Warranty claims

The buyer - consumer has the right to submit a warranty claim for a material defect.

A material defect examples include:

-       The product does not have the characteristics required for its normal use;

-       The product does not have the characteristics required for a specific use pursued by the buyer - consumer that the seller is or should be aware of;

-       The product does not have the characteristics or merits that were agreed or prescribed explicitly or impliedly.

 

The buyer - consumer can submit a claim regarding a material defect by informing the seller about it within two (2) months after discovering the defect. The buyer - consumer must define the defect in detail and enable the seller to inspect the product. A request for remedying a material defect that appears in the product more than two (2) years after the product was delivered may not be submitted.

The buyer - consumer has the right to request that the seller remedy the defect, reimburse part of the sales sum proportionate with the defect, replace the defected product with a new one or to reimburse the full sales sum.

The seller shall reply to the buyer - consumer’s claim within eight (8) days after receiving it.

The provisions of the Return procedure chapter, found here, apply to claims regarding material defects.

Support

Buyers and online shop users can contact the seller at the following e-mail address: support@redpitaya.com.     

Protection of intellectual property

 

1.      Licences

The seller allows the buyer to use its software. Using the software represents the right-of-use obtained by purchasing the product. The buyer does not obtain proprietary rights, copyrights, intellectual property rights or any other rights regarding the seller’s software. The software provided by the seller is an open-source software that can be freely used by the buyer. Open-source software can be used free-of-charge and is not subject to licensing restrictions. The use of open-source software is subject to all general rules on open-source programmes and those stipulated in Red Pitaya’s official programme repository (https://github.com/RedPitaya). Buyers who incorporate the software in their own software must follow the BSD licence rules (to which Red Pitaya software belongs) and the rules of using recognisable signs stated below.

 

2.      Website

On its website, the seller manages various content owned by them.

Data, photographic and text materials, and any other material (e.g. video content, graphics, sketches etc.) in the seller’s online shop and website constitute copyright works and are as such protected by copyright and/or intellectual property law.

 

By using the online shop the buyer does not obtain any copyrights, proprietary rights or intellectual property rights. The buyer does not have the right to use materials found in the online shop without the seller's explicit prior consent.

 

3.      Use of recognisable signs

In its business operation, the seller uses various recognisable signs, including the words Red Pitaya in all its variations. A recognisable sign is also every logo (in all variations) that the seller uses in its business operations and when presenting their products.

 

The use of the seller’s recognisable signs is limited and governed by the rules stipulated in this chapter.

 

The buyer is permitted to use the seller’s products as part of their own design and to incorporate them freely in other products, semi-products or components (hereinafter “buyer’s product”). If the buyer incorporates the seller’s products in the buyer’s product, such a product must be marketed under their own recognisable signs and in their own name. The use of the seller’s recognisable signs for the purpose of marketing the buyer’s products is expressly prohibited.

 

The buyer has the right to use the seller’s recognisable signs within the following extent:

-       When mentioning components that make up the buyer’s product and the seller’s products;

-       When mentioning the software that is part of the buyer’s product;

-       When mentioning the compatibility of the buyer’s product with the seller’s products whereby the buyer must specifically use the phrase “compatible with Red Pitaya” and/or “powered by Red Pitaya”. Not using the phrases mentioned above, or other phrases specifically agreed with the seller, when stating compatibility shall be deemed as using recognisable signs beyond the scope permitted.

 

The use of the seller’s recognisable signs is expressly forbidden (and constitutes use beyond the scope permitted) if:

-       The buyer’s product is marketed under the seller’s recognisable signs;

-       The buyer uses the seller’s recognisable signs in addition to their own recognisable signs for marketing the buyer’s product;

-       The buyer uses the seller’s recognisable signs for the buyer’s product in a manner that creates confusion as to the ownership of the buyer’s product;

-       The buyer uses the seller’s recognisable signs for the buyer’s product in a manner that creates the impression that the buyer’s company is part of the seller’s company or is established under the aegis of the seller;

-       The buyer uses the seller’s recognisable signs for the buyer’s product in a manner that creates the impression that the buyer’s product is related to the seller in any way;

-       The buyer uses the seller’s recognisable signs in their own marketing activities (e.g. own social networks, websites and other publications issued by the buyer) without the seller’s permission;

-       The buyer uses the seller’s recognisable signs at events without the seller’s permission.

 

The seller reserves the right to direct all legal proceedings available, including claims for compensation, against a buyer who markets and sells the buyer’s product by using the seller’s recognisable signs beyond the permitted scope, in order to ensure the termination of the infringement. If it is difficult to assess the amount of a suitable compensation for such an infringement or the assessment is too costly, the seller reserves the right to demand a flat-rate compensation in the amount of EUR 50,000.00 for every infringement, irrespective of the actual damage caused. If it is established that the damage caused exceeds the flat-rate compensation, the seller has the right to request the difference up to the total amount.

 

Content

All information on the website and the online shop is informative. The seller reserves the right to mistakes in the website content. The seller is not bound by anything written on the website or the online shop. The seller provides instructions on using the website for information purposes only.

Protection of personal data

The seller shall protect the buyer’s personal data and shall process it according to the privacy policy available here.

Final provisions

Concluded contract The General Terms and Conditions together with the ordered services of the online shop constitute a contract concluded between the buyer and the seller.

Independence of the provisions If any of the provisions of these General Terms and Conditions (wholly or in part) are found illegal, void or invalid in any other way, they shall be deemed deleted (partly or wholly), and the rest of the General Terms and Conditions shall remain valid.

Full legal capacity The buyer guarantees to have full legal capacity for concluding a valid legal transaction in this online shop. If the buyer is a legal person, they guarantee that they have the capacity to represent the legal person for concluding a valid transaction, or that they have obtained an appropriate authorisation from the legal person’s representative for concluding a valid legal transaction. If a person with a partial legal capacity wishes to make the purchase, they guarantee that they have sufficient legal capacity for the transaction, or that the transaction will be concluded with the appropriate consent of the representative. 

Awareness of the conditions The buyer confirms that they have read the conditions before accepting them and are fully aware of them, especially regarding the limitations of liability.

Governing law These General Terms and Conditions are governed by the law of the Republic of Slovenia. The courts in the Republic of Slovenia shall have jurisdiction for all disputes arising from these General Terms and Conditions.

Changes to conditions The buyer does not have the right to change or renounce, partly or in whole, the validity of any provision from these General Terms and Conditions. The seller has the right to change these conditions at any time. Every change will be published in the online shop. Respective changes shall enter into force on the day of publication unless otherwise provided in the General Terms and Conditions. Every purchase is subject to the General Terms and Conditions applicable at the time of the purchase. The current version of the General Terms and Conditions is always available here: [Insert website]. The seller does not undertake to save the versions that are no longer valid, and therefore calls on the buyer to save the General Terms and Conditions valid at the time of the order on their local device or to make a printed copy.

Complete agreement These General Terms and Conditions constitute a complete agreement between the two parties. Any prior agreements or negotiations, written or oral, are replaced by these conditions.

Language variants These conditions are established in Slovene. The seller provides the translation of the conditions in order to ensure a higher efficiency of the online shop; the Slovene version of the General Terms and Conditions supersedes all other language variants.

 

These General Terms and Conditions were adopted on DD.MM.YYYY.