GENERAL TERMS AND CONDITIONS OF „Shelly.Cloud” WEBSITE
(in force as of 24 November 2021)


TABLE OF CONTENTS:
I. SUBJECT MATTER
II. DATA CONCERNING THE SELLER
III. DEFINITIONS
IV. GENERAL TERMS AND CONDITIONS
V. DEVICE (Shelly)
VI. ORDER, DELIVERY and PAYMENT
VII. ORDER CANCELATION. RETURNING OF DEVICE.
VIII. LEGAL GUARANTEES AND WARRANTIES
IX. RIGHTS AND OBLIGATIONS OF THE CLIENT
X. WEBSITE USE POLICY
XI. PERSONAL DATA
XII. INTELLECTUAL PROPERTY
XIII. MISCELLANEOUS


I. SUBJECT MATTER
1. These General Terms and Conditions govern the relations between the SELLER and each CLIENT accessing the website https://shelly.cloud/ and-or any of its sub-pages https://shop.shelly.cloud/ https://shopusa.shelly.cloud/ and https://shopasia.shelly.cloud/ about:
(i) The conclusion of distance sales contracts for the purchasing of products and services branded Shelly through the website https://shelly.cloud/ and its sub-pages https://shop.shelly.cloud/ https://shopusa.shelly.cloud/ and https://shopasia.shelly.cloud/, all together referred to thereafter as the Website „Shelly.Cloud”,
(ii) The access to information published on the Website „Shelly.Cloud”, the use of its functionalities, including the submission of Orders for purchasing of Goods and Services.


II. DATA CONCERNING THE SELLER
2. The website https://shelly.cloud/ and its sub-pages https://shop.shelly.cloud/ https://shopusa.shelly.cloud/ and https://shopasia.shelly.cloud/ and the distance sales made through these are administered by the ALLTERCO ROBOTICS EOOD registered with the Commercial Register at the Register Agency with a seat and managing address in the city of Sofia, No 103 Cherni Vrah Blvd., UIC 202320104,
3. Contact details of ALLTERCO ROBOTICS EOOD on business days from 09:00 a.m. till 6:00 p.m. EEST +3 часа / EET+2
• tel: +359 2 957 12 47
• e-mail: support@Shelly.cloud


III. DEFINITIONS
4. The following words and expressions when commencing with a capital letter (including when used with a definitive article and/or used in plural) shall have the meaning and content stated herein unless the context requires otherwise:
• CLIENT - any person, who is visiting the Website, has ordered or purchased a Device through the Website. Each person having access to the Website with or without registration of an Account regardless whether he/she has made an Order for purchasing of goods and services or not;
• Website – the website shelly.cloud and/or any of its sub-pages https://shop.shelly.cloud/, https://shopusa.shelly.cloud/ and https://shopasia.shelly.cloud/ (including all its versions and re-works);
• Products / Devices – smart devices for home automation branded Shelly™” from any of the production series “Relays”, “Sensors”, “Plug and Play” offered through the website Shelly.Cloud. in all models and modifications, including accessories accessible through the Website;
• Services – services related to the Products offered on the Website;
• Account – a section of the Website consisting of an email address and a password, which contains CLIENT’s details and history of his/her activities in the Website (orders, payments, delivery and billing addresses etc.), enabling the CLIENT to make Orders, follow their status and manage them;
• Order – electronically submitted through the Website request for purchasing of Products with obligation for payment;
• Specifications – all specifications and/or descriptions of the Products as stated in their description on the Website and in the documentation provided with the original packaging;
• Review – published on the Website evaluation, critical remark or some other comment based on the personal experience and skills of the evaluating person to make quality comments and to express an opinion as to whether a product corresponds or not to his/her expectations and the characteristics stated by the Website;
• Support Request – questions and requests addressed to the SELLER as regards a purchase or a Product already purchased and which are submitted through the contact form in the Website;
• Product Replacement Voucher - is a free of charge voucher that is issued to a CLIENT by the SELLER to replace Products, which are subject to a legitimate CLIENT’s complaint, in case repair services upon the product cannot be carried out;
• SELLER – The owner and administrator of the Website, as specified under Art. 2 hereof.


IV. GENERAL TERMS AND CONDITIONS

5. (1) These General Terms and Conditions are mandatory for all CLIENTS of the Website.

(2) By accessing the Website, purchasing Products and/or Services, the CLIENT declares to be aware, accept and comply with these General Terms and Conditions. The CLIENT shall also be obliged to comply with all other terms as established by the law, even if these are not expressly established in these General Terms and Conditions.

6. (1) The access to the Website means that the CLIENT: (a) has carefully read these General Terms and Conditions and (b) has agreed to comply with them unconditionally.
(2) The SELLER shall not be liable if the CLIENT has not been acquainted with these General Terms and Conditions. The SELLER shall not be liable for any loss or damage related to the omission of the CLIENT to get acquainted with these General Terms and Conditions.
7. These General Terms and Conditions may be amended unilaterally by the SELLER at any time at its own discretion or if the amendments have been imposed by virtue of legal acts entered into force, and without an explicit advance notification of the CLIENT. These amendments shall enter into force immediately and are mandatory for all CLIENTS as of the date of their publishing on the Website. It is possible that the amendments have a retroactive effect as regards orders already delivered and confirmed.

8. All images published on the Website have as their sole purpose to create an idea of the type of Products/Services and not to represent them correctly. Respectively, it is possible that some of the images on the Website (static/dynamic images/multimedia presentations/others) do not correspond to the appearance of the actual Product. The SELLER shall not be liable for any such discrepancies.

9. Given the possible technical errors or omissions in the information published on the Website, the SELLER clarifies that the product images are of informative and guiding nature, respectively the delivered Product might differ from the images.

10. The information on the Website, including but not limited to characteristics and prices might be altered by the SELLER at any time and might contain errors.

11. All Products and Services, including those on discount/sale shall be sold and delivered until stocks are exhausted, even if this is not specifically indicated on the Website. Pre-orders are possible if explicitly stated. Pre-ordered Products are reserved and held until the launch date or expected date of delivery.

12. The Website can contain advertising or promotional information for Products and Services of the SELLER, its affiliates or its partners for a certain period of time, as well as information concerning the stock available.


V. Shelly DEVICE
13. (1) The Devices are offered in a variety of models and accompanied by instruction manual.
(2) The Devices are offered subscription-free open for all mobile operators.
14. The Device has integrated functions, some of which are accessible through the Shelly application, described in a detailed way in the documentation, which is an integral part of the Product’s packaging. These functions may vary with regards to their availability and their specific parameters, depending on the specific model of Device.
15. The technical requirements and compatibility with other devices are described in the documentation provided with the Device or available online at https://shelly.cloud/support/user-manuals/.
Shelly Devices are aimed entirely at ensuring of the safety and interests of its user by providing connectivity of the Device with a limited number of other devices as set by the user.
For security reasons, each Shelly device has an unique ID number (WiFi network of the Device), which can be added only to one profile in the Application. Authorising access to your profile automatically provides access to data for the paired Device. We recommend that you do not share your profile data with third parties. In case you do so, you bear the entire responsibility and risks for such action.
16. Shelly Devices offer various technological solutions for home automation and when making his/her purchasing decision the CLIENT shall inform him/herself in advance about all characteristics of the Device selected by him or her.


VI. ORDER, DELIVERY and PAYMENT
17. This section governs the conditions for placing an order and purchasing of Products through the Website and does not refer to conditions of sale of Shelly Products and Services (independently or together with other products) by other persons, distributors, agents or commercial partners, including mobile operator, on other commercial channels. As regards package sales and promotions organized by third parties jointly with the SELLER and published on the Website, the CLIENT shall get familiar with the general terms and conditions of these merchants, respectively with the conditions of the respective promotion.
18. (1) The CLIENT may make an Order on the Website as a guest or using registered Account.
(2) The Order on the Website contains request for purchasing of a Product and/or Service, expected delivery data and contact details (name and surname of the CLIENT, telephone and email address for contact, delivery address). Adding of a Product and/or Service in the shopping card, without the Order being finalized, does not lead to registration of the Order. In order to be registered, the Order should be finalized upon pressing the button “Buy Now” at the end of the Purchase. By submitting the Order the CLIENT explicitly confirms to be aware that the Order is related to a payment obligation.
(3) The Order made on the Website does not constitute a concluded distance contract, but is rather a request on the part of the CLIENT to receive the Product or the Service against payment under the conditions stated in the Order. The SELLER has the right not to perform in full or in part the Order on various objective grounds, including but not limited to exhaustion of the available stock. In any event, the SELLER shall notify thereof the CLIENT via email or by phone. Under the given circumstances, the SELLER is only liable to return the purchase price if received in advance.
(4) The registration of an Order shall be confirmed via email to the e-mail address stated in the order form, which does not constitute acceptance, confirmation or obligation for its execution on the part of the SELLER. During its processing the CLIENT receives per e-mail notifications about the status of the Order.
(5) The Order shall be deemed confirmed and the distance contract for sale validly concluded at the time of receipt on the part of the CLIENT of an email informing the CLIENT that the Order is dispatched or completed.
(6) The distance contract for sale includes these General Terms and Conditions, and any additional information requested and provided on the Website.
19. (1) The deliveries are made under the following conditions:
i. On the territory of Bulgaria – by a courier by the date stated in the Order under the condition of prepayment or payment upon delivery.
ii. Abroad – by courier by the date sated in the Order under the condition of prepayment only.
(2) The Products are delivered by a courier company selected by the CLIENT in the Order form to address/courier office stated by the CLIENT therein. The choice of a courier company is limited to the options available in the Order form and the SELLER is not obliged to deliver the Order using other courier services, preferred by the CLIENT.
(3) The details concerning the delivery, including but not limited to, those concerning the expected delivery date, do not constitute a contractual obligation on the part of the SELLER for making the respective delivery on the specific date. The delivery date is indicative and depends on the delivery conditions of the respective courier service performing the delivery. The expected date of Devices in “pre-order” shall be indicative and subject to change on the part of the SELLER at any given moment.
(4) The CLIENT shall not have any right whatsoever to claim compensation in cases where the announced expected delivery date is not met. In case of delay in dispatching the order the CLIENT shall have the right, before delivery dispatching, to cancel the Order through its Account on the Website or via email at support@Shelly.cloud, as well as to receive the price paid in advance (if applicable). With the cancellation of the Order, the distance contract for sale will be considered terminated.
(5) The SELLER shall not be liable for any loss or damages suffered by the CLIENT due to delay of dispatching or delivery. Further, the SELLER shall not be liable for non-performed deliveries:
- when this is due to delivery details incorrectly stated by the CLIENT;
- or when the CLIENT or his/her representative may not be found at the stated delivery address several times depending on the courier delivery policy or the access to the address is limited;
- when no contact can be established with the CLIENT or his/her representatives through the contact details provided by the CLIENT with the Order.
The CLIENT may confirm his / her wish to have the Order sent back to him / her, bearing all the costs for the further delivery.
20. The CLIENT may choose for the Service “Plus Warranty”, which is additional (commercial) guarantee beyond the scope of the legal guarantee, providing some of the following: direct free-of-charge replacement of the device with a new one, replacement with a newer version of the same model Device etc. as might be applicable for the respective Product. The option “Plus Warranty”, when available, as well as the “Plus warranty” conditions and its price are defined for each Product specifically.
21. All prices stated on the Website are final but excluding VAT. For customers – individuals the applicable VAT might defer and is calculated depending on the place of taxable transaction, namely – the country of delivery.
22. (1) Upon submitting an Order, the final amount displayed at the moment of sale on the Website includes delivery costs (excluding tax and custom duties) and is displayed separately from the price of the ordered Products. The delivery costs may vary depending on the type and value of the concrete Order and the courier company. THE DELIVERY COSTS SHALL NOT INCLUDE ANY IMPORT TAXES (INCLUDING VAT) OR CUSTOM DUTIES AT THE PLACE OF DELIVERY. THE SELLER SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR TAX AND CUSTOM DUTIES IMPOSED ON THE CLIENT BASED ON THE APPLICABLE TAX AND CUSTOMS LOCAL LAWS IN THE PLACE OF DELIVERY.
(2) Depending on the type of delivery, the CLIENT might choose between cash payment, online payment and PayPal. When payment is made on delivery on the territory of Bulgaria any price in EUR is conversed into BGN by exchange rate 1.95583. THE PRICE OF THE ORDER DOES NOT INCLUDE ANY ADDITIONAL COSTS FOR ONLINE PAYMENTS, BANK TRANSACTIONS, COMMISSIONS ETC. THAT THE CLIENT’S PAYMENT SERVICE PROVIDER MAY IMPOSE AND IF ANY, THESE SHALL BE AT THE EXPENSE OF THE CLIENT. FURTHER FOR PAYMENT IN OTHER CURRENCY THAN EUR OR USD, THE CLIENT MIGHT BE CHARGED A FOREIGN TRANSACTION FEE CHARGED BY HIS/HER BANK OR CARD PROVIDER, A CURRENCY CONVERSION FEE ETC.
(3) In the case of online payments/Pay Pal payments, the SELLER shall not be liable in any way whatsoever for any costs in relation to fees, commissions or other additional payments made by the CLIENT or its bank pertaining to the transaction itself, as well as in the cases of currency exchange rate applied by the bank-issuer of the CLIENT’s card. For Pay Pal payments the conditions of the payment service provider shall apply in their entirety.
23. (1) The price of Products and Services on the Website shall be paid, as follows:
• payment on delivery – ONLY for deliveries on the territory on the Republic of Bulgaria;
• online payment by Pay Pal platform in cases where the CLIENT has a registered profile;
• online payment by credit/debit card;
(2) Payment cards details, as well as the details about the CLIENT’s Profile in Pay Pal, are not accessible for the SELLER, nor will they be stored by it in any form whatsoever. The SELLER only receives the payment from the respective payment services provider and shall not be liable for its actions.
24. The ownership over the Products shall be transferred with their delivery to the CLIENT, following the payment of the price due. Delivery and acceptance of the goods by the CLIENT is certified by the courier executing the delivery.
25. The SELLER shall provide suitable packaging of the Products and send the accompanying documents. If the delivered Product does not contain a document necessarily attached to it, the CLIENT may claim its sending by email to the following address: support@Shelly.cloud. The SELLER shall provide the missing document without additional costs for the CLIENT.


VII. ORDER CANCELLATION. RETURNING OF DEVICE.
26. (1) The CLIENT is entitled to cancel the Order before its dispatching as informed by e-mail on the site of the SELLER.
(2) The CLIENT is entitled to withdraw from the distance contract and to return the Order within 14 days as of the delivery, for any reason and without a justification. This right vests only with this CLIENT who has the capacity of “consumer” within the meaning of Directive 2011/83/EC and Directive 2019/770 /EC on certain aspects concerning contracts for the supply of digital content and digital services.
(3) The right of withdrawal from the contract may be exercised and the delivered Product may be returned within 14 days as of the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods.
(4) The CLIENT shall notify the SELLER of his/her wish to withdraw from the contact by sending a withdrawal statement to e-mail support@shelly.cloud or by sending a filled withdrawal form prior to the expiry of the stated time limits, in the original, at the following address: the city of Sofia, 103 Cherni Vrah Blvd. or by explicitly stating the withdrawal on the contact form on the Website by mandatory stating: name and family name, address, number and date of the order, type of device, delivery date.
(5) Any costs related to a rejected delivery (if charged by the delivery courier) or return of Products upon withdraw are at expense of the CLIENT.
27. (1) Upon exercised right of withdrawal on the part of the CLIENT the Product shall be returned at the following address: the city of Sofia, 103 Cherni Vrah Blvd. where the return expenses shall be borne entirely by the CLIENT.
(2) The returned Product shall not have been used, the package shall be intact and in the state in which it had been delivered – in the original package in its entirety together with the accompanying documentation, without any damage or removal of foil and stickers placed by the manufacturer, without any changed software configuration (without installed or removed applications, nor personal information uploaded).
(3) Until the date of receipt of the retuned Product by the SELLER the risk of accidental perishing or damage shall be borne entirely by the CLIENT. The SELLER shall not be obliged to return any paid amounts in cases of loss, perishing or damages to the Product, including those occurred during transport by the return.
(4) Upon withdrawal on the part of the CLIENT the SELLER shall reimburse all payments received from the consumer within 14 (fourteen) days as day on which he is informed of the consumer’s decision to withdraw from the contract. The SELLER may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
(5) The amounts subject to reimbursement shall be paid as follows:
(i) For payments on delivery - by bank transfer on the bank account stated by the Client in the withdrawal form

(ii)       For online payments – by bank transfer on the bank account from which the Client has made the initial payment;

(iii)      For payments through PayPal – within Client's profile in PayPal.
The amount shall be reimbursed without this leading to any additional expenses for the CLIENT.
Additional taxes and custom duties, as well as any transaction charges (including exchange rate fees) imposed by the payment service provider are not subject to reimbursement by the SELLER.
28. The time of delivery depends on the courier service and the specific place of delivery. Therefore, any information about the delivery date shall be considered indicative and the SELLER shall not be bound thereto. The latest term for delivery is up to 25 business days, presuming there are no logistic limitations related to COVID-19 measures. If the Order is not delivered within this
term, the CLIENT shall contact the SELLER at support@shelly.cloud. If the SELLER confirms the delay, the CLIENT might be offered to choose one of the following options:
• new Order at SELLER‘s expense;
• cancellation of the Order and reimbursement of the amount paid by the CLIENT to the SELLER;
In any case, following the shipping, the SELLER shall not be held liable for any loss or damage suffered by the CLIENT due to the delay of the delivery for any reason whatsoever.


VIII. LEGAL GUARANTIES AND WARRANTIES
29. (1) The legal guarantee of the Shelly Devices is 2 (two) years. The legal guarantee covers only the hardware (corpus, mechanics and display (if any)) and does not cover consumables (battery) and accessories insofar as these are subject to exhaustion (decrease of their useful life) depending on the intensity of their use.
(2) The legal guarantee of Products purchased through the Website shall apply as of the date of purchasing according as of the date of delivery certified in a transport document by the respective courier.
(3) The SELLER may provide commercial guaranty if the CLIENT has purchased the service “Plus Warranty” and within the limits applicable for the relevant product. Otherwise, the SELLER is not obliged to provide additional guarantee except the legal one.
30. Upon discrepancy of the Product with the sales contract the CLIENT has the right to make a claim by requesting from the SELLER to put the Product in compliance with the sales contract. In this case the CLIENT may choose between having the goods repaired or replacement with a new one when the repair is impossible. Upon a legitimate claim, the SELLER shall carry out the repair works, and in case this is impossible – replace it with a new Product. Making the Product compliant with the sales contract is free of charge for the CLIENT.
31. (1) In case a product that is subject of complaint is not repairable, the CLIENT is provided the opportunity to receive a new device by the issuance of a Product Replacement Voucher. The Product Replacement Voucher is issued free of charge and provides the CLIENT with the opportunity to purchase a replacement Product from the Website under the condition of free shipping.
(2) Product Replacement Vouchers are intended particularly for the replacement of Devices which are subject to a legitimate CLIENT’s complaint. Product replacement vouchers are limited to a replacement by a similar or alternative Device(s) at similar cost. Only one replacement voucher can be issued at a time for the same Device.
(3) One Replacement Voucher can be used only for one purchase order. If the voucher it not used for its full value, the difference cannot be refunded. If the value of the order is greater than the value of the voucher, then it is necessary for the CLIENT to pay the difference. The SELLER shall not be held liable in case the CLIENT has not used the Product Replacement Voucher in full.
(4) Product Replacement Vouchers will be valid for one month from the issue date. SELLER shall not be held liable in case the CLIENT has not used the Product Replacement Voucher within the validity period
(5) Product replacement vouchers: are not transferable; are not redeemable for cash in part or full; and cannot be combined with any other vouchers. Product replacement vouchers are restricted during promotional campaigns, as well as in respect of purchasing certain promotional products,
even if not explicitly stated in the terms of the relevant discount / promotion /promotion campaign. When applicable, the validity of the voucher is automatically extended with the period of the promotional campaign.
(6) The replacement of a product claimed to the defective could be subject of an obligation for return by the CLIENT. If the CLIENT is requested to return the device claimed to be defective, the Product Replacement Voucher is issued upon a receipt of the tracking number of the returned device. The Product Replacement Voucher shall include also the shipping costs made by the CLIENT for return of the device upon the presentation of a relevant payment document.
(7) Repaired Products will continue to be warranted for the remaining time of the initial legal guarantee period. Moreover, the time taken for repair and in transit whether under the guarantee or otherwise shall be excluded from the warranty period.
32. (1) Any consumer’s claim shall be considered by the SELLER and satisfied or rejected within a month as of the receipt of the claim by the SELLER.
(2) If the SELLER has not taken any action on the claim the CLIENT has the right to terminate the contract and to have the amounts paid reimbursed or to request decrease of the price of the Product in accordance with the applicable law.
(3) Upon discrepancy of the Product with the sales contract and when the Product was not repaired or replaced, the same defect appears for the third time after repair or the SELLER has unreasonably rejected to repair it, the CLIENT may have a right to choose between one of the following options in compliance with the applicable law:
1. termination of the contract and reimbursement of the amount paid by him/her;
2. decrease of the price.
(4) The consumer may not claim reimbursement or decrease of the price paid when the SELLER agrees to replace the Product with a new one or to repair the Product within a month as of the claim by the consumer.
(5) The consumer may not claim termination and reimbursement of the contract if the discrepancy of the Product with the contract is insignificant.
33. The CLIENT is entitled to submit a guarantee claim against the SELLER only with respect to Products purchased on the Website. With respect to Products purchased from other SELLERs, the conditions of sale of the respective merchant shall apply and the CLIENT should direct its claims against the respective merchant.
34. (1) Content and scope of the guarantees:
The legal guarantee covers only the hardware of the Device and does not cover the consumables (battery) and accessories (ties, cords, stickers and others).
1. The legal guarantee is valid only where the Product has shown some defect within the guarantee term which is due to the qualities of the Product and is not caused by actions of the Consumer (including improper handling not corresponding to the specifications of the manufacturer, contained in the documentation and/or intentional damage), incorrect storage/transportation and/or other activities of third persons beyond the SELLER’s control.
2. The guarantee applies when there is a good faith use and in accordance with the purpose of the Product and the prescriptions of the manufacturer.
3. Product under “Plus Warranty” is subject to replacement (including free shipping) with a new one within 12 months of purchase, even if it is damaged due to improper wiring, incorrect usage, a problem in the electrical installation or any other circumstance.
(2) Essential elements of the guarantee:
1. The guarantee of the Devices purchased through the Website shall be provided by the SELLER, registered in the Commercial Register at the Registry Agency with a seat and registered address in the city of Sofia, No 103 Cherni Vrah Blvd.
2. The guarantee service is carried out by the SELLER or its authorized partners.
3. Claims against the SELLER for non-compliance of the Product with the sales contract are asserted in the office premises of SELLER at the following address: the city of Sofia, No 103 Cherni Vrah Blvd., or by e-mail at support@shelly.cloud.
4. The guarantee service shall be carried out within 30 (thirty) days as of the date of the claim but no earlier than 10 (ten) business days as of the date of receipt of the Device in the guarantee service of the SELLER.
5. The SELLER is not responsible and does not provide guarantee services regarding repairs to Devices performed by unauthorized repairers or persons.
35. The repair of out-of-warranty products (where the guarantee has expired or there is a breach of guarantee) shall be paid by the CLIENT and shall be made within time limits agreed between the parties.


IX. RIGHTS AND OBLIGATIONS OF THE CLIENT
36. Upon use of the Website, the CLIENT shall be obliged to comply with these General Terms and Conditions, as well as with all other conditions imposed by the law, even if not mentioned in these General Terms and Conditions.
37. (1) The CLIENT shall be obliged to and is liable for all provided data in connection to the purchase of the Device to be true, complete and accurate at the date of sending of the Order or the registration (when applicable).
(2) The SELLER shall have the right to refuse to perform (to cancel) an Order at any time and for any reason for which it has to notify the CLIENT. The cancelation of the Order does not lead to any liability or subsequent obligation on the part of SELLER and the CLIENT is not entitled to any compensation or damages.
(3) The SELLER shall not be liable for the improper functioning of the Device and/or the Mobile Application when the CLIENT has inaccurately or incompletely entered data for the Device and the mobile device which is paired when installing the mobile application and making the registration for its use.
38. (1) The CLIENT shall be obliged to settle his/her relations with a provider of Internet service and to make the network settings necessary for the operation of the Device. For the normal functioning of the Device a stable Internet connectivity shall be available.
(2) The CLIENT shall be obliged to inform himself/herself in advance of whether the mobile device on which the Mobile Application will be installed complies with the technical characteristics necessary for the correct functioning and pairing with the Device.
(3) The SELLER shall not be liable for the incorrect or impossible functioning of the Device, when the CONSUMER has not complied with his/her obligations for ensuring the minimal technical conditions for its use.


X. WEBSITE USE POLICY
39. The Website is accessible at the following address: shelly.cloud and its sub-pages https://shop.shelly.cloud/, https://shopusa.shelly.cloud/, https://shopasia.shelly.cloud/ and provides information for the products of the SELLER bearing the commercial name Shelly and enables their online purchase through the functionalities of the Website.
40. (1) The access of the information on the Website, as well as the order of Products and Services, does not require a mandatory registration of Account.
(2) Each CLIENT shall have the right on its own to choose for registration on the Website by creating a personal Account where the CLIENT can manage its Orders and follow their status, as well as make lists of chosen products, publish opinions and reviews for Products offered through the Website. The CLIENT shall be liable that the entire information in the Account be correct, complete and up-to-date.
(3) The SELLER shall keep the right at its sole discretion to limit the access to the Website and/or some of its functionalities, including to limit or restrict the possibility for submission of orders, the access of an individual CLIENT or to a specific Account, in cases of doubt or establishment of any abuse or violation and in order to protect its rights and those of third parties, which might be affected, as well as in cases of unusually high traffic and for other technical grounds. The SELLER shall not bear responsibility for the eventual damage sustained by the CLIENT or might sustain as a result of such actions.
41. Each registered CLIENT shall have the right to publish on the Website Review for a concrete Product or Service. The feedback shall reflect the personal opinion and impressions of a given CLIENT stemming from the Product or the Service, shall be published on personal behalf and shall be publicly accessible following their approval by the Website administrator. The feedback might be both - positive or negative and shall refer to the characteristics and the manner of use of a given Product or Service offered through the Website.
42. Upon publishing a Review the CLIENT confer with the SELLER the right to use, reproduce, alter, adapt, publish, translate, transfer and display its content including for marketing purposes without any compensation. Each registered CLIENT whose Review has been published shall have the right to remove this by deleting it from its Account or through making a written request to the SELLER through the contact form.
43. Each CLIENT, at the time of publishing a Review, shall be obliged to comply with the following rules:
1. To refer only to the characteristics and/or the manner of use of a concrete Product or Service avoiding information related to aspects which might change (e.g. price or promotional offers);
2. To use suitable language which shall not contain uncensored words, offensive expressions or words violating rights and interests of third parties, as well as such words which contradict the applicable laws;
3. To publish only such information which is correct, true, non-misleading and in accordance with the applicable laws, and complying also with the rights of other persons – for instance
copyright, intellectual property rights, license rights or other rights of ownership, advertising rights or confidential rights;
4. To not publish content of advertising nature regarding any products or services whatsoever offered by third parties without the explicit written consent of the Administrator of the Website;
5. In the event that the published Review contains files or pictures, these shall not violate the copyrights of third parties, shall not contain violence, content not suitable for children, uncensored language or any other content offending another person/a group of people based on race or ethnic origin, religion, disability, gender, age, military service, sexual or political orientation or contains any form of discrimination whatsoever, shall not contain URLs or water signs to other websites that are not administered by the SELLER.
44. The SELLER shall have the right at its sole discretion to remove from the Website a Review when the latter does not comply to the conditions stated herein.
45. Upon submitting a purchase Order, the CLIENT agrees to receive system commercial messages regarding the status of the Order to the email address stated by the CLIENT in the order form, as well as to be contacted by phone or e-mail provided by the CLIENT with the Order.


XI. PERSONAL DATA
46. (1) Upon accessing the Website, submission of Order and registration of an Account, grounds for collection of CLIENT’s personal data may arise and personal data of the CLIENT might be processed. Upon accessing the Website, the SELLER enables the CLIENT to get acquainted, in an easy and consumer-friendly manner, with the Privacy Policy in accordance with the applicable regulatory requirements, which includes information for the types of personal data, the grounds and ways of their collection, the technical and organizational measures used for their protection, the data subject rights, arising in connection with the collection and processing of personal data, the contact details of the data protection officer; the possible recipients, to whom the personal data can be disclosed and other detailed information.
(2) The CLIENT shall use the Device in good faith and not to use it in a way which might harm or put in danger rights and legitimate interests of third parties. It shall be borne in mind that the tracking devices bearing the commercial name Shelly are targeted to ensure the safety usage of electrical devices to which they are attached and accident prevention as well as protection against property loss. For the purposes of providing for their security and safety, the tracking devices Shelly are in an ongoing regime of processing of data as of the moment when they are switched on. The Shelly devices are developed to guarantee safety and security and are not intended for unlawful purposes and misuse.
(3) Receiving commercial messages of advertising nature regarding Products and Goods offered by the SELLER and its affiliated companies shall be up to the CLIENT’s choice based on explicit consent on its part which may be withdrawn at any given moment by clicking on the unsubscribe link in the content of the advertising message or the Account of the CLIENT. Cancelling the receipt of commercial messages shall not equal cancellation of an Order or distance sales contract.
(4) The SELLER shall execute the Orders with the cooperation of a supplier of courier services selected by the CLIENT from the available options in the Order form. Upon sending of an Order with a choice of courier services through which the Order shall be delivered, the CLIENT agrees that the SELLER provides the data stated by the CLIENT for the delivery effected by the respective
supplier of courier services. By its choice of courier, the CLIENT confirms to be aware of its applicable privacy policies available on the official website of the respective courier and the SELLER shall not be liable for any part of this processing.
Detailed information concerning the processing of personal data provided through the use of the Website and the Shelly Applications shall be contained in the Privacy policy published on the Website.


XII. INTELLECTUAL PROPERTY
47. The entire information on the Website, as well as the entire information related to the Shelly Products and Services, accessible through Internet connection, and/or other forms of commercial communication, including but not limited to logos, graphic images or inscriptions, commercial symbols, dynamic symbols, texts and/or multimedia content, are exclusive ownership of SELLER.
48. The SELLER has and retains all its rights over the intellectual property, related in some way to the Website/the Products and/or the Services Shelly, irrespective of whether these are its own or transferred by way of contractual licenses or in any other legally acceptable manner.
49. Nothing in the distant contract concluded in accordance with these General Terms and Conditions shall be deemed permission on the part of SELLER to the CLIENT to copy, spread, publish, provide to third parties, change in any other manner any part of the Content of the Website whatsoever, including, but not limited to, the content of the commercial brands, logos, multimedia content or the descriptions of the Products and Services in any other manner whatsoever, including by inclusion of any external content on the website, removal of signs marking the right of ownership of SELLER over the Content. The CLIENT shall not have the right to transfer, sell, and spread materials created through reproduction (copying), amendment or publishing of the Content, except with the explicit consent of SELLER.
50. (1) Any Content to which the CLIENT has access, irrespective of the means for this, shall be subject to regulation by these General Terms and Conditions.
(2) The website may contain links to other websites. SELLER shall not bear any responsibility for the privacy policy of any website which SELLER does not administrate, neither for any other information contained on those websites.
51. The CLIENT may copy, transfer and/or use the Content only for personal non-commercial purposes only in the cases in which this does not contravene these General Terms and Conditions.
52. The CLIENT has the right to use the Content for commercial purposes only when he/she has received the written consent of SELLER for that and only for this part of the Content, the manner and extent of its use, as well as within the time limits for which consent has been explicitly given. Each subsequent or different use of the Content shall be considered as a violation of these General Terms and Conditions and a violation of the intellectual property rights of SELLER.
53. Sending to the CLIENT or reference to the Content or other parts thereof on the part of SELLER shall not be considered as a consent on the part of SELLER to allow the CLIENT to use the Content or parts thereof for his/her own purposes, different from his/her personal needs, irrespective of the means of communication used by SELLER.
54. Any use of the Content for other purposes, other than those explicitly permitted in these General Terms and Conditions or in another explicit written permission given by SELLER, is prohibited.


XIII. MISCELLANEOUS
55. ALLTERCO ROBOTICS EOOD shall have the right to change the technology and design of the Website and/or the Device without prior notification thereof.


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ALLTERCO ROBOTICS EOOD