Terms & Conditions2018-07-28T00:06:13+00:00

Terms & Conditions

1. Scope

1.1 These General Terms & Conditions (hereinafter “GTC”), of the Riverdi sp. z o. o. Sp. k (hereinafter “Riverdi”), are the basis of any and all offers, deliveries and services of Riverdi. Riverdi concludes any and all contracts solely on the basis of these GTC. Contradicting terms of conditions of other parties (business partners) are only relevant if Riverdi has so accepted in writing beforehand.

1.2 The valid version of these GTC is currently published on Riverdi’ website www.riverdi.com, where it can be read and printed.

1.3 This GTC are valid towards all contractual partners of Riverdi (“customers”), hence towards enterprises as well as towards consumers. An enterprise is he who runs a business (sec. 1 Polish Commercial Code). For the scope of these GTC, an enterprise is any permanent organization of economic activity, even if not focused on making a profit.  Public law entities, educational institutions, and universities are always considered as enterprises. He to whom this does not apply is a consumer by definition of the Polish Consumer Protection Act (”KSchG”). A consumer is any natural person who enters into a transaction for a purpose which is neither commercial nor connected to a self-employed business activity.

1.4 Riverdi concludes contracts exclusively with fully contractually capable natural persons or respective legal entities.

1.5 If an order has been placed by a person who does not meet these prerequisites (1.4), Riverdi is entitled to call the contract void within a reasonable time period after the said defect has been perceived by Riverdi.

2. Offer and Conclusion of the Contract

2.1 All offers of Riverdi are non-binding. A contract binding for Riverdi is only concluded by the following actions and/or declarations by Riverdi:

  • dispatch of the written order confirmation, or
  • dispatch of the ordered goods, or
  • providing the ordered service.

2.2 Riverdi reserves the right to refuse acceptance of any order without reasons to be given.

2.3  In case Riverdi cannot accept an order from a customer, for example, because the ordered product or service is not available, Riverdi is obliged to both inform the customer without any delay and return any payments already made. Same applies if the offer of a customer is not accepted by Riverdi (sec. 5i Polish Consumer Protection Act). This obligation does not apply if the processing of the order is obstructed by a technical defect (such as mail server crash etc.).

3. Right of Withdrawal and Return Policy (Consumers Only)

3.1 A consumer can call a contract entered into over distance (“distance contract”) and/or a declaration regarding distance contract void within seven working days – whereby Saturday does not count as a working day. Regarding contracts for the supply of goods, the avoidance period starts on the date of receipt by the consumer. Regarding service-contracts, the avoidance period starts on the date the contract has been signed. It is sufficient if the declaration of avoidance is sent within the avoidance period (date of postmark). The avoidance of the contract must be executed by sending a written notice of avoidance as well as in compliance with the process of returning goods (set forth in sec. 3.6 below). Such notices of avoidance must be sent to:

Riverdi sp. z o. o. Sp. k
Customers Service
Nowy Swiat 36
80299 Gdansk
Poland

Telephone: +48 58 7703116
Email: [email protected]

3.2 The risks of return and the return delivery costs (postage, packing etc.) shall be borne by the consumer.

3.3 If the consumer calls a contract void in accordance with these regulations (sec. 5e Consumer Protection Act), then (a) Riverdi has to refund the payments made by the consumer and to compensate for the necessary and useful expenses made by the consumer as and when (b) the consumer fulfills his obligation to return the services received and to pay the seller (Riverdi) a reasonable fee for the use, including a compensation for the meanwhile occurred reduction of the value of the goods and services. Obligations to reimburse payments must be fulfilled within thirty days. For the consumer this period starts with the dispatch of the goods or the demand of return, for the seller (Riverdi) this period starts upon receipt. A deterioration of the goods due to damage caused during the return shipment can be avoided by the consumer by using packaging suitable for transportation (e.g. the original shipment packaging or equally durable alternate shipment packaging). A deterioration of the goods may also result if the original product packaging is no longer available. In the case of loss of the original product packaging, the seller (Riverdi) reserves the right to compensation for the depreciation caused by the loss of the original product packaging. These costs can be avoided by using original product packaging and original shipment packaging in case of return shipment.

3.4 It is a prerequisite for the refunding of the purchase price that the returned goods are undamaged and that the returned shipment has been fully paid for. The packaging and shipment cost will not be refunded.

3.5 The following goods are excluded from the right of avoidance stipulated above:

  1. Goods produced according to consumer specifications, goods tailored to specific individual consumer preferences and goods which are of such nature that they are not suitable for return (e.g. single electronic components, such as microcontrollers and chips),
  2. goods previously marked as not reversible/not returnable, quickly perishable goods and goods with an expiration date about to expire (sec. 5e Polish Consumer Protection Act);
  3. Unsealed software and/or already activated software (the latter especially if delivered without data carrier), audio- and video records;
  4. Services, for which the implementation starts within seven working days (sec. 5e para. 2 first sentence of the Polish Consumer Protection Act) from the signing date (sec. 5f subsec. 1 Polish Consumer Protection Act);
  5. Goods or services whose price is subject to the developments on the financial markets, over which the company has no influence, (sec. 5 f no. 2  Consumer Protection Act);

4.0 RMA, Return Material Approval

The customer is obliged to apply for an RMA number in writing before returning a product purchased from Riverdi. Said RMA number must be stated on the package in a legibly and prominent way. Unannounced or not adequately labeled return shipments will – without exception – not be accepted. Any costs incurred thereby shall be borne by the sender.

5. Precondition of Availability

If a service or good already ordered from Riverdi turns out not to be available any longer for any reason whatsoever, Riverdi shall be entitled, to either offer goods or services of equivalent quality and price or to call the contract void. Riverdi’ offer of a replacement or a withdrawal will be issued without undue delay, at the latest within three working days after receipt of order. Said offers shall be issued without undue delay, at the latest within three days after receipt of such order. In case of said avoidance of a contract, Riverdi will refund the payment immediately.

6. Price

6.1 Unless explicitly stated otherwise, any and all prices listed by Riverdi exclude applicable taxes and fees.

6.2 In case of essentially erroneous or essentially incomplete information on products or prices issued by Riverdi, Riverdi will notify the customer immediately after recognizing such error or incompleteness. Subsequently, both contracting parties have the right to reaffirm or void the contract within fourteen days. In case of said avoidance of a contract, the last sentence of sec 4. above applies.

7. Terms of Payment

7.1 If not stated otherwise in the description of a certain product, Riverdi offers the following advance payment options: wire transfer and credit card.

7.2 Payments are only considered made at the time of receipt (value date) on the bank account of Riverdi and have to be carried out without any deductions for Riverdi. The ordered goods or services will not be provided before receipt of full payment by Riverdi.

7.3 Additional costs, such as taxes, fees, duties etc. might incur for deliveries to countries outside the European Union.

7.4 If payment by cash advance was stipulated, payment is due upon conclusion of the contract.

7.5 If payment by credit card was stipulated, the credit card account will be charged as the purchase order is finished.

8. Supply, Transport, Delay of Acceptance

8.1 The goods will be delivered to the delivery address specified by the customer (see section 11.2).

8.2 With handing over the goods to the carrier, costs, and risk are transferred to the customer. Delivery dates stated by Riverdi are not binding. All shipments are insured against damage or loss.

8.3 If the customer has not accepted the goods as agreed upon (delayed acceptance), and a reasonable respite has elapsed without orderly acceptance, Riverdi is entitled to charge any cost caused thereby to the customer. Furthermore, in such case Riverdi has the choice (i) either to insist on the fulfillment of the contract, or (ii) to call the contract void subject to a period of grace of at least two weeks and to then use the goods otherwise.

9. Retention of Title

Delivered goods remain property of Riverdi until full payment has been received. Same applies to goods replaced by Riverdi in the context of warranty fulfillment.

10. Warranty & Compensation for Damages

10.1 If a purchased good is defective, statutory Polish provisions apply subject to the following deviations:

10.1.1 With regard to transactions concluded with enterprises:

  1. Any and all liability of Riverdi (compensation for damages, warranty etc.) for minor defects and/or shortcomings is excluded.
  2. In case of warranty to be fulfilled, Riverdi has the right to choose the remedies of warranty (repair, replacement, price reduction, conversion, etc.).
  3. For new goods, the warranty period is one year at the most.
  4. The goods delivered are deemed approved by the customer if the customer does not issue a written notice of the defect within fourteen days from the delivery (Examination and Notice of Non-Conformity pursuant to sec. 377 Polish Commercial Code);
  5. in case of delivery of used goods, any and all liability of Riverdi (warranty and/or compensation for damages) for defects and consequential damages are excluded;
  6. Riverdi offers used goods only as is;
  7. the statute of limitations for warranty claims and/or claims for damages by compensation, deliveries, improvement or improvement efforts will not be interrupted by correction or correction attempts;
  8. regarding single electronic components or products in phase out, warranty of any kind is excluded.

10.1.2  If the customer is a consumer,

  1. the warranty period for new goods is two years from dispatch of the goods at the most;
  2. the warranty period for used goods is one year from dispatch of the goods at the most;
  3. in case the goods show any obvious transport damages, the consumer is obliged to note these immediately to the delivery agent and to Riverdi.

10.2 Possible repairs are carried out directly by the manufacturer. Any communication regarding repairs or replacement has to be conducted solely via Riverdi.

10.3 Only deviations from the delivered to the stipulated in the moment of delivery are considered defects or shortcomings. Damages, malfunctions, and defects etc. of the delivered goods, caused due to improper use, above average use, attempts of repair by the consumer or normal wear and tear due to normal use, do not fall within the scope of warranty; for such damages, faults and defects etc. of the delivered goods all liability of Riverdi is excluded.

10.4 The consumer is obliged to adequately secure the already existing data on the computer systems before installing any software whatsoever purchased from Riverdi. Riverdi is not liable for any loss of data.

11. Liability

11.1 Liability under the Product Liability Act (“Produkthaftungsgesetz”) remains unaffected.

11.2 With regard to property damage (damage of things), any possible liability of Riverdi for infringement of essential contractual obligations (cardinal duty) is limited to the foreseeable typical and average damage.

11.3 As far as Riverdi violates non-essential contractual obligations only with slight negligence, the obligation to pay compensation is limited to the contract value.

12. Data Protection and Change of Address

12.1 The customer agrees that the personal data included in the purchase agreement is stored and processed by Riverdi in fulfillment of the contract within the borders of data protection law.

12.2 As long as the contractual transaction is not fulfilled by both parties, the customer is obliged to inform Riverdi immediately about any changes of his core data (address, etc.). In case of omission of such information, the data recently provided to Riverdi by the customer is deemed valid. Riverdi is not liable for damages or losses caused by the customer’s omission to the timely inform Riverdi about a data change.

13. Choice of Law and Forum, Contract Language, Place of Fulfillment and Final Provisions

13.1 The law of the Republic of Poland, excluding the rules on the conflict of laws, is applicable for all legal relationships between the contracting parties. The UN Convention on Contracts for the International Sale of Goods (UNCITRAL) is not applicable and is expressly excluded.

13.2 The contract language for contracts with (i) customers seated in German-speaking countries and/or (ii) German-speaking customers is German. Regarding all other contracts, the contract language is English.

13.3 Unless stipulated otherwise by mandatory law, Riverdi’ headquarter office in Poland is both, place of delivery and legal venue regarding any and all claims in connection with contracts concluded by Riverdi including legal disputes on whether such contract has been validly concluded at all.

13.4 If any provision of the contract between the customer and Riverdi including these terms and conditions are or will be completely or partially invalid or should contain void provisions, the validity of the remaining provisions shall not be affected.

14. Customer Information

Contractual partner is:

Riverdi sp. z o. o. Sp. k
Customers Service
Nowy Swiat 36
80299 Gdansk
Poland

Telephone: +48 58 7703116
Email: [email protected]

CEO: Radosław Fularczyk
KRS: 0000715225
VAT: PL6040163846

Privacy Policy

1.0 – Our core beliefs regarding user privacy and data protection

  • User privacy and data protection are human rights
  • We have a duty of care to the people within our data
  • Data is a liability, it should only be collected and processed when absolutely necessary
  • We don’t like spam as much as you do.
  • We will never sell, rent, or otherwise distribute or make public your personal information

2.0 – Relevant legislation

Along with our business and internal computer systems, this website is designed to comply with the following national and international legislation with regards to data protection and user privacy:

This site’s compliance with the above legislation, all of which are stringent in nature, means that this site is likely compliant with the data protection and user privacy legislation set out by many other countries and territories as well. If you are unsure about whether this site is compliant with your own country of residences’ specific data protection and user privacy legislation you should contact our data protection officer (details of whom can be found in section 9.0) for clarification.

3.0 – Personal information that this website collects and why we collect it

This website collects and uses personal information for the following reasons:

3.1 – Site visitation tracking

Like most websites, this site uses Google Analytics (GA) to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the website.

Although GA records data such as your geographical location, device, internet browser and operating system, none of this information personally identifies you to us. GA also records your computer’s IP address which could be used to personally identify you but Google does not grant us access to this. We consider Google to be a third party data processor (see section 5.0 below).

GA makes use of cookies, details of which can be found on Google’s developer guides. FYI our website uses the analytics.js implementation of GA.

Disabling cookies on your internet browser will stop GA from tracking any part of your visit to pages on this website.

3.2 Contact forms and email links

Should you choose to contact us using the contact form on our Contact us page or an email link like this one, none of the data that you supply will be stored by this website or passed to / be processed by any of the third party data processors defined in section 5.0. Instead, the data will be collated into an email and sent to us over the Simple Mail Transfer Protocol (SMTP). Our own SMTP servers are protected by TLS (sometimes known as SSL) meaning that the email content is encrypted using SHA-2, 256-bit cryptography before being sent across the internet. The email content is then decrypted by our local computers and devices. However, not all mail servers are secured in such a way. Therefore, we would suggest that you always consider email as an insecure medium and not include personal, confidential or otherwise sensitive information within an email.

3.3 Email newsletter

If you choose to join our email newsletter, the email address that you submit to us will be forwarded to MailChimp who provide us with email marketing services. We consider MailChimp to be a third party data processor (see section 5.0 below). The email address that you submit will not be stored within this website’s own database or in any of our internal computer systems.

Your email address will remain within MailChimp’s database for as long as we continue to use MailChimp’s services for email marketing or until you specifically request removal from the list. You can do this by unsubscribing using the unsubscribe links contained in any email newsletters that we send you or by requesting removal via email. When requesting removal via email, please send your email to us using the email account that is subscribed to the mailing list.

If you are under 16 years of age you MUST obtain parental consent before joining our email newsletter.

While your email address remains within the MailChimp database, you will receive periodic (approximately one per month) newsletter-style emails from us.

4.0 – How we store your personal information

If you submit an order on this website some personal information will be stored in this website’s database. This is currently the only occasion where personal data will be stored on this website. This data is currently stored in an identifiable fashion; a limitation of the content management system that this website is built on (WordPress). In the near future, we aim to change the storage of this data to a pseudonymous fashion meaning that the data would require additional processing using a separately stored ‘key’ before it could be used to identify an individual.

Pseudonymisation is a recent requirement of the GDPR which many web application developers are currently working to fully implement. We are committed to keeping it as a high priority and will implement it on this website as soon as we are able to.

5.0 – Our third-party data processors

We use a number of third parties to process personal data on our behalf. These third parties have been carefully chosen and all of them comply with the legislation set out in section 2.0. All 3 of these third parties are based in the USA and are EU-U.S Privacy Shield compliant.

6.0 – Data Breaches

We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.

7.0 – Data controller

The data controller of this website is: Riverdi sp. z o. o. Sp. k, a Polish private limited company with company number: KRS 0000715225

The whose registered office is: Nowy Swiat 36, 80299 Gdansk, Poland.

8.0 Data protection officer

Mr. Radosław Fularczyk
CEO, Riverdi sp. z o. o. Sp. k

Telephone: +48 58 7703116
Email: [email protected]

9.0 Changes to our privacy policy

This privacy policy may change from time to time in line with legislation or industry developments. We will not explicitly inform our clients or website users of these changes. Instead, we recommend that you check this page occasionally for any policy changes. Specific policy changes and updates are mentioned in the changelog below.

9.1 Changelog

15/06/2018 – version 1.0

  • Privacy policy instigated