Terms and Conditions

1 General Terms

1.1 These are the terms and conditions on which we supply products to you.

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2 Information about us and how to contact us

2.1 We are Amofon s.r.o., a Limited Liability Company company registered in Slovakia. Our company registration VAT number is SK2023730731 and our registered office is at Bullova 11, 84101 Bratislava, Slovakia

2.2 Our extended sales office is located at Myspectral Ltd., Memorial Drive, Cambridge, MA 02139

2.3 You can contact us by e mail contact -at-] myspectral.com

2.4 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3 Our contact with you

3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description.

3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4 Our products

4.1 Products may vary from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and properties accurately, we cannot guarantee that a device’s image accurately reflects the properties of the products. Your product may vary from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5 Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).

6 Our rights to make changes

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat or advances in technology or components. These changes will not affect your use of the product or its functionality.

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

6.2.1 changes to the specification of the products; and

6.2.2 changes to the pricing of the products.

7 Providing the products

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as is reasonably possible and in any event within 6 weeks after the date on which we accept your order, unless stated otherwise.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products.

7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6 When you become responsible for the products. International express carrier is insured for damages at pickup from factory, during transfer to the point when you sign the receipt or take the delivery parcel by other means.

7.7 When you own products. You own a product once we have received payment in full in advance and the carrier delivered the package. Undelivered packages, or packages in transport are still property of Amofon s.r.o.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.9.1 deal with technical problems or make minor technical changes;

7.9.2 update the product to reflect changes in relevant laws and regulatory requirements or advances in technology or components; or

7.9.3 make changes to the product as requested by you or notified by us to you (see clause 6).

7.9.4 can not manufacture your device in time due to third party subcontractors, manufacturers of parts or electronic components not being available.

7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the supply we will adjust the price so that you do not pay for products which have not been dispatched. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

8 Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on the nature of the products, whether there is anything wrong with them, how we are performing and when you decide to end the contract:

8.1.1 if the product is faulty or misdescribed in functionality you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

8.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3 if you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products; or

8.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month;

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

8.4.1 You have 14 days after the day you (or someone you nominate) receives the products, unless:

1. a) Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products; or
2. b) Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
3. c) You reside outside the territory of European Union member states. This is due to customs processing and our inability to assess the requirements of your local laws.

8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable compensation for the net costs we will incur as a result of your ending the contract.

9 How to end the contract with us

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 Email. Email us at contact -at ] myspectral.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Amofon s.r.o., Bullova 11, 84101, Bratislava via a registered carrier service with a certified insurance for loss, damage and theft. If we do not receive the package due to loss or theft, or receive a damaged package, you are responsible to handling insurance damage

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1 if the products are faulty or misdescribed;

9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

9.3.3 if you are exercising your right to change your mind, subject to clause any deductions in accordance with clause 9.5.

In all other circumstances you must pay the costs of return.

9.4 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2 The maximum refund for delivery costs, if applicable, will be the costs of delivery by the least expensive delivery method we offer.

9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.6.1 your refund will be made within 30 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2; and

9.6.2 in all other cases, your refund will be made within 30 days of your telling us you have changed your mind.

10 Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within three days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

10.1.3 you do not, within a reasonable time, allow us to deliver the products to you;

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11 If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by email.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage.

12 Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

12.4 When you must pay and how you must pay. We accept payment with major credit or debit card, by bank transfer or via PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Slovak commercial bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

13 Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011.

13.3 We are not liable for business losses. We only supply the products for laboratory use, experimental and R&D. Our products are not intended for home or office use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14 How we may use your personal information

14.1 How we will use your personal information. We will use the personal information you provide to us:

14.1.1 to supply the products to you;

14.1.2 to process your payment for the products; and

14.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.2 We may pass your personal information to our affiliate partners strictly for the purposes of order processing, order shipping, payment services and damage claim.

14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.

15 Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Slovak law and you can bring legal proceedings in respect of the products in the Slovak courts.

Valid from the 24th of February 2018.

Last revision: 4th January 2020