Terms of Sale

(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 www.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 all freight, insurance, and taxes (including import or export duties, sales, use, value add, and excise taxes).

(7) Your warranties

You warrant to us that:

  1. a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms;
  2. b) the information provided in your order is accurate and complete; and
  3. 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 10 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 15 days of the later of receipt of payment and the date of our order confirmation.

(9) Risk and ownership

The products will be at your risk when delivered. Ownership of the products will only pass to you upon the later of:

  1. a) delivery of the products; and
    b) receipt by us of full payment of all sums due in respect of the products.

We will be entitled to recover payment for the products even where ownership has not passed to you.

(10)  Your right to cancel

You may cancel a contract to purchase a product or products at any time within 14 working days after the day you received the relevant product or products (subject to the limitations set out below).

You will not have any such right when any of the products have been unsealed or opened by you.

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this section will be refunded. However, you will be responsible for paying the cost of returning the product to us.

If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(11) Statutory rights

Nothing in these Terms affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(12) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice in writing of cancellation.

(13) 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.

(14) General terms

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

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy; use of our Website will be subject to our Website Terms and Conditions.

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 Slovenian law, and the courts of Slovenia 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., Tržaška 25, 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.

(15) 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