Terms of sales

TERMS AND CONDITIONS OF SALES

TERMS AND CONDITIONS OF SALES

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These terms and conditions apply to your purchase from us via this Website (actuate.systems). You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for any products, you agree to be bound by and accept these terms and conditions.

1. Definition
(i) “Customer” means a person who orders Product(s) via this Website;

(ii) “Product(s)” means any products listed as shopping items on this Website;

(iii) “Seller” means actuate doo;

(iv) “Website” or “this Website” means actuate.systems

2. Placing an Order
2.1.
By placing an order via this Website, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. Seller may or may not accept the Customer’s offer at the Seller’s absolute discretion.
2.2.
Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s credit card or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s) and sent an order confirmation to the Customer by email.
3. Supply of Product(s)
3.1.
Subject to these terms and conditions, Seller may agree to supply the Customer with the Product(s) as specified in the Customer’s order form submitted to Seller via this Website.
3.2.
When Product(s) have been shipped pursuant to the Customer’s order, Seller will email the Customer to confirm shipment.
4. Price and Payment
4.1.
Pricing of Product(s) shall be the price as stipulated on this Website at the time when the Customer places an order with Seller.
4.2.
All prices are shown in European EURO exclusive of value added tax (VAT) and shipping costs and European EURO are the only acceptable payment currency. Other currencies are listed for reference purposes only.
4.3.
Upon placing an order with Seller, the Customer shall provide to Seller his or her valid credit card number and other billing information as requested by the Website. Seller will charge the credit card on shipment of the Product(s).
4.4.
Seller will take all reasonable precautions to keep the details of Customer’s order and payment secure but Seller cannot be held liable for any losses caused as a result of unauthorised access to information provided by the Customer.
5. Delivery
5.1.
Product(s) will be delivered to the delivery address provided by the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery.
5.2.
Risk of loss and damage of Product(s) passes to the Customer on the date when the Product(s) is/are dispatched by Seller to the carrier.
5.3.
Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
5.4.
Seller will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside Bosnia-Herzegovina. It is the responsibility of Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s).
5.5.
If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or re-deliver the returned Product(s) to the Customer.
6. Returns and Refunds
6.1.
Subject to Clause 6.4 below, no Product(s) shall be returned to the Seller unless :-
(a) the Product(s) in question is defective;

(b) the Customer has completed and filed a Request for Return Form (showing the order ID and other identifying numbers) with the Seller;

(c) the Product(s) sought to be returned by the Customer was ordered by the Customer via this Website, within 6 months prior to the date the Customer submitted a Request for Return Form;

(d) the Seller has notified the Customer by email that the Customer may return the Product(s) to the Seller;

(e) the Product(s) is returned in a clean and well packaged condition; and

(f) the Customer returns the Product(s) at his/her own expense which will include any custom duties or taxes.
6.2.
Upon satisfactory return of the Product(s) to the Seller, replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned by the Customer is defective after suitable tests and inspections by the Seller. If replacement Product(s) is not available, a refund of product price only will be made to the Customer.
6.3.
If the Seller is not satisfied that the returned Product(s) is defective, the Seller will deliver the returned Product(s) to the Customer at the Customer’s own cost.
6.4.
Software, and KNX Products that have already been opened are excluded from any return unless they are faulty. The Seller shall have no responsibility regarding compatibility issues and it is for the Customer to ensure that his/her computer, video/audio player is compatible with the software and KNX Components ordered.
7. Changes

Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she uses this Website and the Customer’s continued use of the Website shall signify his/her acceptance to be bound by the latest terms and conditions.

8. Force Majeure

Seller shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Seller. Quantities are subject to availability. In the event of shortage, Seller may allocate sales and deliveries at its sole discretion.

9. Intellectual Property
9.1.
The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Customer’s use of this Website shall remain at all times vested in Seller or its licensors. The Customer is permitted to use this material only as expressly authorised by Seller or its licensors.
9.2.
The Customer acknowledges and agrees that the material and content contained within this Website is made available for their personal non-commercial use only and that they may only download such material and content for the purpose of using this Website. The Customer further acknowledges that any other use of the material and content of this Website is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9.3.
The prices of the Product(s) paid by the Customer are for the Product(s) and the services described herein and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Product(s) or their packaging.
10. Liability
10.1.
All Product(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
10.2.
To the full extent permissible by applicable law, Seller disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.
10.3.
Subject to this Clause, Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
10.4.
Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.
11. Waiver/Invalidity

Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.

12. Headings

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

13. Entire Agreement

These terms and conditions of sales including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between the Customer and Seller relating to the sale and purchase of the Product(s) ordered by the Customer.

14. Governing Law

These terms and conditions shall be governed by and construed under the laws of Bosnia- Herzegovina. The parties submit to the exclusive jurisdiction of the courts of Bosnia- Herzegovina, being the place where the Customer’s order/offer has been received/accepted.

CANCELATIONS AND RETURNS

RIGHT TO CHANGE YOUR MIND
In addition to your other legal rights, you have the right to cancel the Contract (other than in relation to personalised or other products which we have specified as non-returnable, such as unsealed products) and receive a refund – administration fees and consultation fees from us. Your right to cancel a Contract starts from the date of your Confirmation Documentation relating to the Contract and ends 14 days after signing a contract  with us.

Following delivery you have 3 days to return products, unless they are sale or outlet products in which case they must be returned within 3 days of delivery.

You must inform us in writing at Actuate Building, Customer Services, 15d Grmacka Banja Luka RS Bosnia Hertzegovina, by registered mail if you wish to cancel. It would help us if you provide the date of Order and Order number, as well as your name and address to ensure we identify the Order correctly.

If you choose to cancel, then you must return the Product(s) to us either by returning to our warehouse or you may take the Product(s) to one of our stores as detailed in our Returning Goods page. You must ensure that you take reasonable care of the Product(s).

DAMAGED OR DEFECTIVE PRODUCTS
We are under a legal duty to supply products in conformity with the Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These rights are not affected by anything else in these Terms of Sale.

You should inspect the product(s) when you receive them for defects or damage. Once received, goods, which are not of satisfactory quality, not as described or which have been damaged, may be returned for a full refund. Simply return the items in their original condition and undamaged packaging within 3 days of receipt. You must ensure that you take reasonable care of the Product(s).

If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Product(s) or refund the price paid by you, including any shipping charges you paid, provided that you have not worn or used and damaged the Product(s).

RETURNS POLICY
We regret that it is not currently possible to exchange an item on our Website, however it may be possible to do this in studio by appointment only.

All bridal dresses, bedding, lighting, cushions, curtains and Boutique home wares must be returned to our returns warehouse address. Our stores are unable to process refunds or exchanges for these products.

In addition, some online specials and exclusives cannot be returned to our stores. We will indicate on the product information page where this is the case. See our Restrictions for more details.

You can return goods to actuate.doo store within Bosnia Herzegovina  Republica Srpska

Please note, Only actuate.doo products may be returned to actuate.doo..

Customers with goods shipped outside of the Bosnia Herzegovina  Republica Srpska are no longer able to return in store and should use the postal option detailed above for all returns.

We will refund you via the method that you used to pay:

Where you paid for Products by payment card, we will re-credit the account that card is associated with. If we are unable to do this, we will contact you.
If you made your order with PayPal, we will refund your PayPal account.
If you used a gift card to pay for the entirety of your order, we will refund your order onto a replacement gift card. If you used a gift card to part pay for your order, we will refund the amount used on the gift card to a replacement gift card and the rest on to your credit/debit card or PayPal account.
Please note that Reward vouchers are non-refundable.

Please allow up to 14 days for your refund to be processed from the day you return the Product(s). No refunds for delivered products will be made until have received the relevant products.

The address to return the Product(s) to us is our warehouse address which is: 15d Grmacka Banja Luka RS Bosnia Hertzegovina

OUR LIABILITY TO YOU

Our liability to you

Nothing in these Terms of Sale excludes our liability (if any) to you for:

personal injury or death resulting from our negligence;
fraud;
any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We will only be liable to you for direct losses, which you suffer as a result of a breach of these Terms of Sale by us and which are a ‘foreseeable’ consequence of us breaching these Terms of Sale. Losses are ‘foreseeable’ where they could be contemplated by you and us at the time your Order is accepted by us.

We only supply products for domestic and private use. Accordingly, we shall not be liable to you for any loss of data, loss of profit or business interruption or for any business losses that you may incur as a consequence of our failure to comply with the Contract.

We shall not be responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any event beyond our reasonable control. This condition does not affect your legal rights.

If any event beyond our reasonable control takes place that affects our performance of our obligations we will notify you as soon as possible and our obligations under these Terms of Sale will be suspended and the time for performance extended for the duration of the event outside our reasonable control.

Terms of Use

ACTUATE.SYSTEMS TERMS OF USE

https://www.actuate.systems “Website” and its content are owned and operated by ACTUATE.DOO, (“actuate”, “we”, “us” or “our”) a company in Bosnia and Herzegovina Office: 15d Grmacka Road, Banja Luka, 78000, Bosnia and Herzegovina. 

Your use of this Website is subject to these Website Terms of Use (“Terms of Use”), which tell you the basis on which you may make use of our Website.

Your purchase of products, which we supply to you through this Website (whether orders are placed online or over the telephone) (“Products”), is subject to the Website Terms of Sale.

Please read these Terms of Use carefully. Together with our Privacy and Security policy and, if you purchase Products through our Website, our Terms of Sale, they govern our relationship with you in relation to this Website.

If you have any questions about them or do not wish to accept them, please contact our Website Customer Service department at cs@actuate.systems or on Live Chat using WeChat/Whatsapp/Viber on +387 66 838 208 or mobile or telephone call: +387 66 838 208

Privacy Policy

YOUR PRIVICY

DATA CONTROLLER
Actuate is the owner of this Website and responsible for any personal data you submit via the Website. 

KEEPING YOU SECURE
When you shop with us we’ll ask you for certain information (such as your email address, name, address, and where you purchase a product, your payment details) to make sure that your order and delivery go smoothly. Any information you hand over reaches us fully encrypted through an SSL – a special security layer added to your account and checkout pages. You can see when you’re on a secure page, because the address in your browser will begin with https instead of http. And you can sleep easy, because your credit card details are processed in the Bosnia and Herzegovina.

SECURE PAYMENTS
PAYPAL
When you choose to pay with Paypal, your financial information isn’t shared with us.

KEEPING YOUR PASSWORD SAFE
Remember to keep your account password safe! We can help you to reset it now and then, but you’ll need to make sure that it stays with you and only you. Giving it out can represent a security risk and Actuate will not be liable for any loss or damage that might arise from this.

HOW WE USE YOUR INFORMATION
Helping to process your orders
Providing admin support for your account
Helping with your enquiries
Crime and fraud prevention (when we might also share it with the police or other authorities if required by law)
Marketing (subject to your account preferences, which you can change in My Account)
Administering promotions or competitions (when we might also need to share the information with third parties in order to deliver you your prize!)
Analysis of our customer base and profiling in order to decide which products or services you might prefer and so these are tailored to you
Except as listed above, or to our other group companies who are involved in processing orders/administrative support, we don’t share your information with any third parties except our suppliers or processors who we’ve checked out first and who we appoint to work with us to provide services to you. These suppliers include the teams delivering products to you and our marketing agencies.

We only keep your information as long as we need to, for the purposes listed above. When we don’t need it any more we delete it securely. Please note if you ask us to stop processing your information for marketing purposes, we may need to actually retain some of it to ensure your details are kept on our marketing suppression lists.

If you’d like to know what information we hold about you or have any queries about the security or our processing of your information, please contact Customer Services

GDPR Access

  1. I am interested in receiving or have already received from “KNX live” information, promotion and commercial communication of products and services by phone, SMS, MMS, FAX, email and internet.
  2. Promotion of my personal data to third parties or groups of third parties such as Contractors, Real Estate companies, End Users in order to promote my services for the execution of works contracts.
  3. Profiling about my behavior for training needs in order to provide a high level of specialized service, ensuring the promptness and quality in the management of my requests as well as the sending of satisfaction and evaluation questionnaires products and services of “KNX live.”
  4. The registration and maintenance of my personal data on the Building Automation Intelligence platforms and the contracts that have been prepared for my account with access only to those responsible for KNX live and, where applicable, the individual partner.
    Also, in accordance with Article 9.2a of EU Regulation 2016/679 (GDPR), and having read the Privacy Statement, I expressly and unconditionally express my permission to the maintenance and processing of the specific categories of personal data (sensitive data).
COOKIES

Cookies
Cookie policy
Most websites use cookies, and we do too, to keep offering you the best service. A cookie is way of transferring little bits of information from our website back to us, which means, for example, that we can see which pages or products are our most popular and then create a better experience for you in future.

There are a few different kinds of cookies and they each do slightly different things.

WEBSITE FUNCTIONALITY COOKIES
These simply enable you to browse our website and use all our functions, like your Shopping Bag or Account pages.

WEBSITE ANALYSIS COOKIES
These help us to understand how our customers are using our website, and we use this information to constantly improve the way we do things.

CUSTOMER PREFERENCE COOKIES
These help us to make sure your online experience is simple, easy and relevant to you.

TARGETING COOKIES
We sometimes run online advertising campaigns, and, if we think you’ll be interested in what we have to say, targeting cookies will help us to deliver that message to you. More importantly, they limit the amount of times you see any of our ads.

To find out more about cookies and how you can manage your cookie preferences please visit DAA https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options/

COOKIES & HOW TO MANAGE YOUR PREFERENCES

WEBSITE FUNCTIONALITY COOKIES
These simply enable you to browse our website and use all our functions, like your Shopping Bag or Account pages.

WEBSITE ANALYSIS COOKIES
These help us to understand how our customers are using our website, and we use this information to constantly improve the way we do things.

CUSTOMER PREFERENCE COOKIES
These help us to make sure your online experience is simple, easy and relevant to you.

TARGETING COOKIES
We sometimes run online advertising campaigns, and, if we think you’ll be interested in what we have to say, targeting cookies will help us to deliver that message to you. More importantly, they limit the amount of times you see any of our ads.

To find out more about cookies and how you can manage your cookie preferences please visit DAA https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options/