General Terms and Conditions

General Terms and Conditions for Innovatrics Online Store

The following General Terms and Conditions (GTC) are issued by Innovatrics, s.r.o. and apply to any and all orders and purchases of Products and/or Services placed through the Innovatrics Online Store at https://shop.innovatrics.com/. Please read these GTC carefully before placing your Order.

These GTC shall be applied to Orders made through Innovatrics Online Store regardless of any different general terms and conditions which may be applied by the Purchaser.

By placing your order, you confirm that you read, understand, accept and are bound to the following General Terms and Conditions:

1. Introduction

 

„Innovatrics“ or “We” means Innovatrics, s.r.o. with its registered seat at Pri vinohradoch 82, Bratislava 831 06, Slovakia. „Purchaser“ or “You” means any person or legal entity who placed an order through the Innovatrics Online Store. “Hardware” means computer hardware, related devices and other accessories including all embedded components (excluding software). “Biometric Software” means any Innovatrics’software, library, utility, tool, or other computer or program code, in object (binary) form including any documentation. “Products” means Hardware, Biometric Software, or both. “Services” means technical support provided by Innovatrics under the terms and conditions stipulated in each Support Package purchased by the Purchaser. „Drivers“ means third-party software to be downloaded by Purchaser, which may be necessary for operation of Hardware.

By agreeing to these GTC, you as a Purchaser represent that:

  • You have full legal capacity and you are fully authorized to place the Order on behalf of the Purchaser which is a legal entity (if the Order is place on behalf a legal entity);
  • by delivery of the ordered Product or Service We will not breach the prohibitions on dealings with sanctioned individuals and entities as defined by the European Union, and that Purchaser is not the subject (or target of), economic or other sanctions of the European Union
  • you are aware that presentation of the products in Innovatrics Online Store is directed to and intended for entrepreneurs and legal entities (B2B) and it is not directed to consumers, who may be protected by EU Consumer Rights Directives and/or by the Slovak Consumer Protection Act No. 250/2007 Col. as amended. In case you are a consumer, please contact us directly at shop@innovatrics.com.

 

2. Presentation of goods and Ordering

     

    Any offer for any Product or Service made on this site is void where prohibited. 

    All descriptions of Products, Services and/or pricing are subject to change at any time without notice, at the sole discretion of Innovatrics. We reserve the right to discontinue any Product or offer of any Service at any time (even after the Order is placed before the shipment), without any liability towards the Purchaser or any third party.

    Innovatrics is not responsible for pricing, typographical, or other errors in any offer, and may cancel Orders affected by such errors; in such a case, We shall inform You thereof without undue delay.

    “Order” means an order made by the Purchaser by means of using Innovatrics Online Store. Each Order is subject to review and acceptance by Innovatrics. Innovatrics reserves the right (but is not obliged) to limit the sales of his Products or Services to any person, geographic region or jurisdiction. Innovatrics may exercise this right on a case-by-case basis. Innovatrics reserves the right to limit the quantities of any Products or Services that Innovatrics offers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order (these restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address). Innovatrics reserves the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide your current, complete and accurate information in all Orders made at our Innovatrics Online Store and to promptly update them if necessary so that we may complete your Order as needed. You are responsible for any consequences, inconvenience and losses if any information provided by You is incorrect, incomplete or outdated.

    You acknowledge that the Biometric Software and the Products are subject to the export jurisdiction of the European Union.  Innovatrics has to comply with all applicable international regulations that apply to the Biometric Software and/or Products, including all applicable export regulations, end user, end-use and destination restrictions issued by applicable governmental authorities (including the EU Dual Use Regulations 428/2009). Therefore, it may not be possible to deliver the Biometric Software and/or the Products to certain states or countries.

     

    3. Prices, Taxes

     

    Products and Services are sold at the prices valid at the time when the complete Order is placed through Innovatrics Online Store. Prices may be subject to change without notice. Prices are always paid in advance (i.e. before the shipment of the Product or provision of Service). The price is considered as paid at the moment when it is credited to Innovatrics’s account.

    All prices are quoted in EUROs as net prices and do not include VAT, taxes, withholdings, customs, or any similar duties. VAT shall be added to prices if required by the applicable law. Purchaser is responsible for any taxes and similar payments applicable in his country. Purchaser shall pay and bear at his own costs all freight, insurance and taxes (including but not limited to import or export duties, sales, use, value add, if applicable).

    If Purchaser is required by law to make a withholding or any deduction from payment of the purchase price for any reason, Purchaser is obliged to notify Innovatrics before the payment is made and arrange with Innovatrics further steps regarding the payment and pricing; in any case, Innovatrics reserves the right to cancel such Order.  

    Following methods of payment are available:

    • Credit card payment;
    • PayPal™. The secure online payment processing will be done by PayPal;
    • Bank transfer; a pro-forma invoice will be send to the Purchaser after the Order is confirmed by Us.

    Shipping and handling charges are not included in prices (unless expressly stated otherwise) and Purchaser has to pay them in addition to the purchase price. Generally, shipping and handling costs are calculated based on the size and weight of the item, as well as buyer’s location.

     

    4. Transfer of Risk and Title, Shipping, Delivery, Returns

     

    Title to Hardware passes from Innovatrics to the Purchaser upon shipment of the Product.

    Loss or damage that occurs during shipping (including returns) is the responsibility of the party which selected the carrier. For more information regarding the Shipping, please click here (Shipping). Please note that shipping and delivery dates are estimates only.

    In some cases, Innovatrics offers the possibility of returning the Product, if the Product does not meet Your needs or requirements. More information regarding the Return and Refund policy you can find here (Returns and Refunds).

     

    5. Warranty, Liability

     

    You expressly agree that your use of (or inability to use), our website, any part thereof, Drivers, the Product and/or Services is at your sole risk. The Products and Services delivered to You through Innovatrics Online Store are provided “as is” and “as available”, without any representation, warranties or conditions of any kind, either express or implied.

    WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY REGARDING ANY PRODUCT, SERVICES, INFORMATION, DRIVER OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU. WE NEITHER GUARANTEE THAT THE PRODUCT OR SERVICES PURCHASED THROUGH INNOVATRICS ONLINE STORE WILL MEET YOUR SPECIFIC EXPECTATIONS OR WILL BE FIT FOR USE INTENDED BY YOU. INNOVATRICS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE PRODUCTS, DRIVERS OR SERVICES, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, DURABILITY, TITLE OR NON-INFRINGEMENT.

     

    IN NO CASE SHALL INNOVATRICS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,  INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST INCOME, LOST SAVINGS, LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES ARISING FROM YOUR USE OF ANY OF THE PRODUCTS AND/OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT, DRIVERS AND/OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THEIR POSSIBILITY.

     

    Should Innovatrics be, despite the aforementioned, liable (for any reason) to the Purchaser, then Innovatrics’ total liability for any and all claims shall not exceed the total amount received by Innovatrics from the Purchaser for the specific Product and/or Service the use of which gave rise to such claim(s), during previous 12 months before the claim was raised.

    These limitations, exclusions, and disclaimers apply to all claims for damages, whether based in contract, warranty, strict liability, negligence, tort, or otherwise.

     

    6. Special Provisions related to Biometric Software

       

      Licencing conditions are stated in the applicable Software License Agreement embodied in each Biometric Software purchased through our Innovatrics Online Store. Please note that without agreeing with the licencing conditions, You will not be allowed to install and use our Biometric Software. We are prepared to provide you with the licensing terms and conditions in advance upon your request.

      For our Biometric Software products always check the Technical parameters (Operating system requested on Your side), which are defined in the Product description. Please note that certain Products (especially Runtime Licenses) cannot be purchased without purchasing the Development Package first.

      In case the Services are purchased along with our certain Biometric Software Products (or are included in the package), the provisions of these GTC fully apply to these Services.

      Purchased Biometric Software cannot be returned and refunded.

       

      7. Prohibition of use

       

      The Products and Services are solely for your internal use and may not be resold.  You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).

       

      8. Drivers, Third Party Tools, Third-party links

         

        We may provide you with access to Drivers or third-party tools, over which we neither monitor nor have any control or input. You acknowledge and agree that We provide access to such Drivers and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Drivers and third-party tools. Any downloads or use by You of Drivers or third party tools are entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which the Drivers and/or tools are provided by the relevant third-party provider(s).

         

        9. Indemnification

         

        You agree to indemnify, defend and hold harmless Innovatrics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these GTC, or the documents they incorporate by reference, breach of Software License Agreement, or your violation of any law or the rights of a third-party.

         

        10. Miscellaneous, Governing Law, Dispute Resolution

         

        The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation on behalf of the other party.

         These GTC supersede any prior versions of the GTC. Any ambiguities in the interpretation of these GTC shall not be construed against the drafting party.

         All relationships between Innovatrics and Purchaser arising out of these GTC will be governed by the laws of the Slovak Republic (mainly by the Commercial Code), without regard to conflicts of law. The UN Convention for the International Sale of Goods will not apply.

        The Parties will try to resolve any dispute firstly through negotiation. Negotiations will be treated as confidential. If the parties are unable to reach a resolution within 60 days, the dispute shall be submitted for decision to the relevant Slovak court(s).  

         

        11. Changes and Amendments

         

        We may, at our sole discretion update, change or replace any part of these GTC by posting updates and changes to our website https://www.innovatrics.com/. It is your responsibility to check our website periodically for changes. The version of GTC published on our website at the moment of posting your Order shall apply to your Order.

         

        12. Contact Information

         

          Any questions related to these GTC or any of our Products or Services should be sent to shop@innovatrics.com.