Legal information
Warranty Disclaimer
The information included on this website is provided without charge to the user and is for informational purposes only. While we have attempted to provide accurate and timely information, we are not responsible for any inadvertent technical or factual inaccuracies and typographical errors. In addition, we reserve the right to make changes and corrections at any time without notice. Iskra does not warrant the accuracy or completeness of the information, text, graphics or links available on or
through this website and expressly disclaims liability for errors or omissions.
Links
Iskra provides a number of links to provide our website users with other internet websites/resources. Iskra is not responsible for the content, development or maintenance of such websites. The inclusion of such links does not imply endorsement, authorization, sponsorship or affiliation by Iskra with respect to such websites, their owners or providers.
Trademarks
The Iskra name, logo, service names, and slogans are service marks and registered trademarks of Iskra. Iskra prohibits the use of our registered trademarks and service marks without the prior written consent of Iskra. Other trademarks and service marks are trademarks of their respective owners.
Use of Website Information
Iskra provides authorization for users to copy and display the content of this website for personal, noncommercial use only provided any such copy includes our copyright notice as displayed at the bottom of this page.
Privacy statement
Iskra wants to demonstrate our firm commitment to privacy by providing you this privacy policy statement.
Cookies
Iskra's site uses cookies for the sole purpose of session identification. Information about you is not stored in the cookie; your browser randomly issues a number that assists you to sign in and place items in your order pad for purchase. For added protection, Iskra's cookie session will time out after two hours of detected site inactivity.
Information Collected
Iskra collects information for statistical purposes and improving the site's overall operational quality. Iskra will not disclose your personal data to potential advertisers, research firms, or business partners.
Security
Iskra makes commercially reasonable efforts to protect the confidentiality of your information and to protect against unauthorized access. Our website has security measures in place to protect the loss, misuse and alteration of sensitive information under our control.
Contact Us
For any questions pertaining to our privacy policy, the practices of this site, or your dealings with this website, e-mail us at info@iskra.eu.
Terms & conditions of purchase and sale
We are a professional business-to-business equipment and services provider. The following terms and conditions apply to all business-to-business sales. We do not sell products or services to consumers.
- “Professional” means any individual or legal entity who buys or agrees to buy products and/or services from us in his commercial or professional capacity. The term Customer shall apply to professionals buying from this site.
- “Consumer" means any natural person who wants to buy products and/or services for purposes which are outside his business, trade or profession.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Orders
Customer will initiate offers to purchase products by the submission of a Purchase Order to Iskra. Purchase Orders will identify the products, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. All Purchase Orders are subject to Iskra's acceptance, in its sole discretion, according to product availability and these governing Terms and Conditions.
No terms and conditions of Purchase Orders that are different from these Terms and Conditions will become part of any sales agreement, purchase order, or other document unless specifically approved in writing by Iskra.
Information provided by the Customer
The Customers declares that any and all information provided by the Customer to the Seller are true and that the Customer shall be solely responsible for any inaccuracies that may have occurred when providing the information to the Seller.
Prices
All prices are set forth in EUR. All quoted prices are subject to change without notice. Prices charged are those in effect at the time of shipment and Customer agrees to pay such prices, subject to any Customer specific pricing and transaction related charges. Prices may increase before shipment in the event Iskra's costs increase.
Taxes
Any applicable sales, excise, use or other taxes, duties or fees which Iskra may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any products covered hereby, shall be for the account of the Customer, and Customer agrees to pay such amount to Iskra upon request in addition to the quoted purchase price.
Terms of Payment
Customers may pay by wire transfer of funds or major credit card (MasterCard, Visa, and American Express).
Customer will pay the total amount of each invoice from Iskra pursuant to the terms of such invoice without offset or deduction. Customer will the pay the total amount in advance, before the shipment of the Order.
Any payment received from Customer may be applied by Iskra against any obligation owing by Customer to Iskra under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to Iskra. The acceptance by Iskra of such amounts will not constitute a waiver or settlement of Iskra's right to pursue the collection of any remaining unpaid balance.
Delivery & Title
All orders are shipped EXW point of shipment from Iskra's facility. Products will be shipped via regular mail or UPS (or other like carrier when necessary). For priority or overnight deliveries, please so indicate when ordering. Iskra will make commercially reasonable efforts to deliver products in accordance with delivery date(s) indicated by the carriers. Customer acknowledges that delivery dates provided by Iskra are estimates only - not a warranty or guarantee -- and that Iskra will not be liable for failure to deliver product on such dates.
Subject to Iskra's right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and all risk of loss will thereupon pass to Customer; title in and to all products shall pass to the Customer when payment is made in full by Customer and received by Iskra.
Any claims for shortages and/or damage to delivered products must be made to the carrier in accordance with the carrier's claims policy, but not more than ten (10) days after delivery of the product to the carrier.
Inspection and Acceptance
All products delivered shall be examined by Customer promptly upon receipt. Customer shall be deemed to have accepted the products unless a valid written notice of rejection, due to defect in the goods or non-conformance to the order, is received by Iskra within 15 calendar days of Customer's receipt of goods. No such claims made after such period need be considered by Iskra. Products purchased on the basis of weight are subject to customary quantity variations recognized by trade practice.
Return Policy
Unfaulty products and products that are defective for no fault of Iskra may not be returned to Iskra.
For return of faulty and defective products, Customer must fill in the Warranty claim form. Special order products may not be returned for any reason if non-defective. If returned products are claimed to be defective, Customer must notify a Customer Service Representative of the nature of the defect prior to returning the product. All items not eligible for return will be returned to customer, transportation costs collect. All returned products must be in factory-original shipping cartons and must be complete with all packing materials.
Cancellation of Orders
Orders placed cannot be cancelled.
Limited Warranty & Limitations of Liability
Iskra gives a 12 month warranty to products, starting from the date of purchase. Iskra warrants to customer that the products delivered will conform substantially to the description set forth in the purchase order. With the exception of the foregoing warranty, Iskra makes no other warranty, express or implied with regard to the purchase of products, and hereby expressly disclaims any and all implied warranties of merchantability, suitability or fitness for any particular purpose or use, or non-infringement. No action, regardless of form, arising out of the purchase of product under this contract may be brought by customer more than one year after the purchase of the Product.
In no event shall Iskra be liable to customer for any indirect, special, incidental, punitive or consequential damages of any kind (regardless of how stated) arising out of or related to this agreement, the use of electronic means to carry out a purchase transaction, or the purchase of any product hereunder, including but not limited to, loss of profit, loss of promotional or manufacturing expense, overhead, injury to reputation, loss of goodwill, loss of customers, injury to computers, networks or telecommunications equipment, whether or not Iskra has been advised of the possibility of such damages.
In no event shall customer's recovery from Iskra for any claim exceed customer's purchase price for the product(s) giving rise to the claim irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise.
With respect to products that do not meet applicable manufacturer's specifications, Customer's sole remedy and Iskra's total liability is limited to a refund of Customer's purchase price for such products or replacement of such products; provided, however, that such products are returned, transportation charges prepaid, to Iskra along with acceptable evidence of purchase of such products from Iskra, within twenty (20) days from the date of delivery to Customer.
Force Majeure
Iskra will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, terrorists acts, or war. Iskra's time for delivery or performance will be automatically extended by the period of such delay or Iskra may, at its option, cancel any order, in whole in part, without liability by giving notice to Customer.
Software
All purchases of computer software are subject to the terms and conditions of the license agreement accompanying the software.
Export Controls
Customer acknowledges that the products ordered and delivered may be subject to the export control laws and regulations of the EU and the country in which Customer is located. Customer shall be solely responsible for the determination of and adherence to the export control laws and regulations applicable to the products ordered by Customer. Customer agrees not to export or re-export products in violation of such laws and regulations. Moreover, Customer agrees not to export products or any documentation or information related thereto (i) to any country in which the EU has embargoed or restricted the export of goods and services or to any national of any such country or other person or entity, wherever located, who intends to transmit, transport or deliver products to such a country; (ii) to any end-user who Customer knows or has reason to know will utilize the products in the design, development or production of weapons of mass destruction, including but not limited to nuclear, chemical and biological weapons; or (iii) to any end user who has been prohibited from participating in export transactions by a governmental agency. These restrictions may change from time to time.
Indemnification
Customer agrees to indemnify and hold harmless Iskra and its directors and employees from and against any and all claims, liabilities, damages, charges, costs and expenses (including reasonable attorneys' fees and litigation expenses) arising from or related to (i) the purchase, use and/or distribution of products supplied by Iskra in violation of the terms and conditions of this Agreement, (ii) the negligence or lack of due care by Customer, Customer's customers, agents, employees or invitees, in whole or in part, and (iii) infringements of third party intellectual property or other proprietary rights arising from the use or distribution of supplied products by Customer, Customer's customers, agents, employees.
Governing Law
This Agreement shall be construed and controlled by the laws of the Republic of Slovenia, without application of its conflict of laws provisions. Customer consents to jurisdiction and venue in the state courts sitting in Ljubljana, Republic of Slovenia. The United Nations Convention on the International Sale of Goods shall not apply and its application is hereby expressly excluded.
Relationship of Parties
The parties to this Agreement are independent contractors and neither this Agreement, nor any terms or conditions herein, shall be construed as creating a joint venture, partnership, agency or franchise relationship.
Consent to Electronic Agreement, Records & Signatures
This Agreement or any purchase transaction (or any signature, writing, or record pertaining thereto) shall not be denied legal effect, validity, or enforcement solely because it is in electronic form and/or because an electronic signature or electronic record was used in its formation. Customer expressly consents to Iskra's use of electronic documents and records to provide purchase transaction information. Upon reasonable request, Customer may obtain a printed copy of electronic documents and records pertaining to Customer's purchase transaction(s) at Iskra's cost of preparation and mailing of such copies.
Entire Agreement
This Agreement shall constitute the entire agreement between the parties with respect to the purchase of products and supersedes all prior or contemporaneous communications, both oral or written. Neither this Agreement nor any Purchase Order shall be modified except in writing signed by a duly authorized representative of each party. No waiver, failure or delay by Iskra to enforce any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same of any other provision hereof, and no waiver shall be effective unless made in writing and signed by a duly authorized representative of the waiving party.
Severability
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid and/or unenforceable, the remaining provisions shall remain in full force and effect.
Section Headings
The section headings used in this Agreement are for convenience only and shall not be deemed to supersede or modify any provision.