The terms and conditions of all devices labelled with the trademark “Shelly – a series of home automation products (in force from the 1st of November, 2016 onwards).
I. SELLER DATA
III. GENERAL PROVISIONS
IV. THE DEVICES SHELLY
V. MOBILE APPLICATION (Shelly Cloud)
VI. ORDER AND DELIVERY VIA THE WEBSITE
VII. REJECTION OF ORDERS. RETURN POLICY FOR THE DEVICE.
VIII. PERSONAL DATA
IX. RIGHTS AND RESPONSIBILITIES
X. INTELLECTUAL PROPERTY
XI. OTHER PROVISIONS
I. SELLER DATA
Article 1. Shelly represents a series of products, launched by Allterco Robotics Ltd., registered at the Trade Register Office of the Registry Agency with legal seat and management address in the city of Sofia, Bulgaria: 109 Bulgaria Blvd, Floor 8, UIC: 202320104
Article 2. Allterco Robotics Ltd. Is included in the “Register of the data controllers and the led by them registers of the Commission for personal data protection with an identification number: 418975.
Article 3. Allterco Robotics Ltd. is the official distributor of the DEVICES Shelly and the APPLICATION Shelly Cloud, in co-operation with Teracommunications S.A., registered at the Trade Office Register of the Registry Agency with an UIC: 131384920, with legal seat and management address in the city of Sofia, Bulgaria: 113A Tsarigradsko Shose Blvd.
Contact details for Allterco Robotics Ltd. on working days from 09:00 AM to 6:00 PM.
- telephone number: +359 2 988 7435
- e-mail: firstname.lastname@example.org
Article 4. All terms referred to in this very Terms and conditions protocol, regardless of being used in a singular or plural form, shall be overlapping with the following definitions:
1. Shelly/The devices – a series of home automation products which enable the remote management of domestic appliances and installation, provided that the following conditions have been fulfilled: the successful connection to an Internet network and pairing with the mobile device, on which the application Shelly Cloud has been downloaded.
2. Application – an application, available free of charge on the operating systems of Android and iOS, which is accessible for download and installation gratuitously on Google Play and on the App Store, which provides the opportunity to connect to the device. The Application allows for the synchronisation and usage via the applications Google Home and Alexa.
3. End user – the owner of a mobile device, who avails of the services of websites such as shelly.cloud, my.shelly.cloud, or of any of the systems available in Shelly’s portfolio, or of the Application Shelly Cloud.
4. Website– this term will hereinafter correspond to: www.shelly.cloud
III. GENERAL PROVISIONS
Article 5. The present Terms and Conditions serve to shape the relationship between Allterco Robotics Ltd. (hereinafter referred to in short as ALLTERCO) and the END USER with respect to purchasing a DEVICE and the usage of its supplementary Application and services. Further, this document aims to illustrate each party’s rights and responsibilities concerning their use of the website, and its deriving role as an intermediary for the conduct of sales/purchases on a remote basis.
Article 6.(1) The Terms and Conditions must be adhered to by all END USERS of the WEBSITES/DEVICES and the APPLICATION. If the End user approaches the WEBSITE/DEVICES and/or the APPLICATION, it shall be assumed that the End user: a) have carefully acquainted themselves with the present Terms and Conditions and b) would consent to abide unconditionally by the outlined stipulations.
(2) Upon the purchase and activation of the DEVICE, the END USER declares they have been informed, agree with and undertake the obligation to stick to the present TERMS AND CONDITIONS. Whilst harnessing the DEVICE and the APPLICATION, the END USER must fulfill their obligation to adhere to the present TERMS AND CONDITIONS, as well as all other regulations, imposed by the legislation of the Republic of Bulgaria and all international legislative frameworks, even if their provisions have not been explicitly formulated in the present TERMS AND CONDITIONS.
(3) The TERMS AND CONDITIONS can be amended unilaterally by ALLTERCO at any time based on its own judgements or if any of the changes have been induced by the enforcement of a legal act or in case of a directive by a regulatory authority, without necessarily informing the END USERS beforehand. These amendments are enacted instantly and are mandatory for all end users, as they are considered valid ever since their data of publication on the website. It is reasonably likely that some of the amendments might influence retroactively already dispatched and confirmed orders.
Article 7. ALLTERCO should not be deemed accountable for an End User who has not made any effort to acquaint themselves with the present TERMS AND CONDITIONS. ALLTERCO does not bear any liability for damages of various magnitudes, incurred losses or infringement of the warranty conditions, triggered by paying scant attention to the present Terms and Conditions, thereby resulting in insufficient compliance.
Article 8. All images incorporated into the website have been sketched to give a general impression of the type of the devices, rather than to illustrate their precise specifications. ALLTERCO concedes the probability of technical errors or omissions in the published on the website information. As ALLTERCO points out, all images should be regarded in the light of their informative and directive character. In reality, respectively delivered DEVICES can potentially diverge at least partially from the images, especially if any changes in their features or design have been adopted.
Article 9. ALLTERCO does not guarantee error-free description of product data in the website such as product features and listed prices although they can be corrected instanteneously.
Article 10. All devices, promoted/discounted items inclusive, are subject to quantity constraints (until depletion of the whole stock) even though it has not been explicitly stated on the website.
Article 11. Advertisement and general promotional content concerning the DEVICES can be published on the website, as well as/or the ongoing promotions by ALLTERCO or its partners, for a given time span. In addition, stock availability data is also suitable for publication.
IV. THE DEVICES SHELLY
Article 12. (1) The product series SHELLY comprises a catalogue of products with distinct technical specifications for independent installations or within domestic appliances. Each device is individually packaged, and is bundled with its Usage Guide, Safety Guide, and warranty card.
Article 13. The DEVICES have varying capacities to control domestic appliances on a remote basis via a mobile phone or a tablet. To perform the central functions of Shelly, its owners can delve for further information into its exhaustively formulated User Guide, bundled with the product itself.
Article 14. Conditions for the smooth functioning of the DEVICES:
1. Installing the respective device in accordance with the manufacturer’s instructions, which are contained in the kit.
2. Downloading and installing the mobile Application so that the DEVICE can be regulated remotely..
3. Setting up an account in the APPLICATION
4. Registering the DEVICE in the APPLICATION or on the website.
5. The existence of coverage of the telecommunication network and connecting the DEVICE to the Internet via WiFi.
V. MOBILE APPLICATION (Shelly Cloud)
Article 15. The APPLICATION provides the opportunity to establish a continuous connection to the DEVICES and the management of their corresponding electric appliances.
Article 16. (1) In order to utilise the functions of the APPLICATION, an essential pre-requisite is to install it on the mobile phone or a tablet, which will be subsequently coupled with the DEVICE. Consequently, the END USER registration can be completed through filling in a registration form on their interface, consisting of the following data:
1. E-mail address;
VI. ORDER AND DELIVERY VIA THE WEBSITE
Article 17. The present section specifies the terms and conditions for ordering, purchasing, and delivering via the Website administered by Allterco Robotics Ltd. Kindly note that this section does not cover the sale of devices (discretely or within a bundle) from third party re-sellers including overseas and domestic (on the territory of the Republic of Bulgaria) mobile carriers – distributors, agents, and trade partners. Regarding the products and conditions for deliveries to re-sellers, mobile carriers inclusive, with respect to bundled sales and promotional activity, conducted jointly with Allterco Robotics Ltd. and published on the Website, the END USER is expected to familiarise themselves with the general terms and conditions of the re-sellers at hand, as well as introducing themselves to the aspects of the given promotional campaign.
Article 18. The DEVICES can be either directly sold at the office of Allterco Robotics Ltd. or remotely sold via the online store on the WEBSITE.
Article 19. (1) Claiming requests for purchasing a DEVICE can be performed via the sub-section “Store” on the Website.
(2) Orders via the Website encompass a request for a device acquisition, as well as contact and delivery details (name and surname of the entity initiating the order, phone number and e-mail address for correspondence, and delivery address). The addition of a DEVICE to the shopping cart in case the order has not been finalised, does not automatically lead to registering the order. In order to be registered, the Order must have been performed from start to finish.
(3) An online purchase should not be regarded as a concluded contract for remote sales but as an End User’s consent to acquire the DEVICE upon payments under the provisions stipulated in the Order. Based on the aforementioned arguments, ALLTERCO is not entitled to perform the Order entirely under circumstances of reasonable concern, which may include but are not necessarily confined to running out of stock. Regardless of the circumstances, ALLTERCO notifies its customers via e-mail or by phone, and the sole responsibility ALLTERCO undertakes is to send back the potentially received in advance payment for the DEVICE.
(4) The registration of the Order is confirmed by e-mail or by the means of any of the filled in in the Order form contact details. However, the registration should not be construed as an acceptance, confirmation or commitment of ALLTERCO to the execution of the Order.
(5) The order is validated and the agreement for remote sales/purchase is deemed concluded at the time of receipt of a notification via SMS, e-mail, or by phone call by the ordering entity. More specifically, this message indicates that the order can be fulfilled and that the ordered DEVICE can be delivered.
(6) The sales/purchase agreement on a remote basis involves the present Terms and Conditions and the personal data the end users have disclosed on the website. Each agreement is supplemented with a warranty certificate, issued by Allterco Robotics Ltd.
Article 20.(1) The deliveries are dispatched by courier with a deadline of up to 3 working days from the date of confirmation for the execution of an order. In brief, ALLTERCO delivers products, whose orders have been initiated from the website by the means of a courier firm, to the address typed by the End user in the Order form; or alternatively to a branch of the courier firm, selected at the End user’s discretion.
(2) The details with respect to the delivery of the device include but are not necessarily confined to the delivery date, do not represent a contract liability for ALLTERCO to perform the respective delivery on the very date. The delivery date is approximate and is contingent upon the conditions for delivery, outlined by the courier firm, appointed as a contractor in the process. Respectively, the END USERS has no claim for a compensation in case the announced delivery date has not been complied with. In this case, the END USER is allowed to withdraw from the contract and retrieve the sum they paid for the DEVICE (if applicable).
(3) ALLTERCO does not bear any responsibilities for any instances of unfulfilled deliveries, prolonged delays, or damaged items if the contracted courier firm has been appointed by the END USER.
Article 21 . (1) The device price, shown on the website, is final and not subject to negotiations, converted in BGN, with added VAT and all other legislatively imposed corporate taxation and fees. The final price also involves the delivery price on the territory of the Republic of Bulgaria, calculated in compliance with the present Terms and Conditions. For overseas deliveries the final price is computed depending on the chosen nation state for delivery, and the End User shall be notified for the precise transportation fee not later than the receipt of the confirmation that the delivery can be fully executed.
(2) The device price can be paid in one of the following manners:
•upon required payment at the moment of delivery, executed on the territory of the Republic of Bulgaria
Article 22 . he ownership of the device is transferred when it is handed in to the End user, admittedly after they have made the payment for it. In case of remote orders, the device delivery will be considered verified and valid when the delivery note/protocol, provided by the courier, is signed by the End user or their representative.
VII. REJECTION OF ORDERS. RETURN POLICY FOR THE DEVICE.
Article 23. The right to withdraw from the enforced contract for device sales can be enacted and the delivered device can be returned in a time span of up to 14 days from the delivery date.
The END USER is bound to inform ALLTERCO for their rejection before the deadline expiration through sending a rejection form, scanned by e-mail to: email@example.com or direct the original to the headquarters of ALLTERCO in the city of Sofia: 109 Bulgaria Blvd, Floor 8, or explicitly formulating its rejection in an online form on https://sHYPERLINK “https://shelly.cloud/contact/”hHYPERLINK “https://shelly.cloud/contact/”elly.cloud/contact/. Once the END USER embarks on availing of their rejection right on the online link, they should fill in three names and an address, number and order date, type of the device, and finally a delivery date.
Article 24 (1) If the END USER have exercised their rejection right, the device can be dispatched to the following address: 109 Bulgaria Blvd, 8 Floor, Sofia, Bulgaria, as the END USER is fully liable to cover the return expenses.
(2) The Device is expected to be kept in its production state, with its package intact, and with its looks preserved to match its features as brand new upon delivery. The entire kit and supporting documentation should be kept in full, whilst ensuring that the foil and stickers placed on the frame of the device are not removed. Finally, the End users should refrain from altering the software configuration (in other words, it is advisable that the users have not tinkered with the apps already installed on Shelly and avoid installing applications of their choice. Further, the END USERS should evade incorporating personal information, contacts, or messages, into the default settings of the device.)
(3) By the return date of the device to ALLTERCO, any accidental breakdowns and damages should be solely ascribed to the END USERS. ALLTERCO shall not be held liable for any outstanding sums to return for devices with blatant imperfections such as deterioration of their functionalities, damages, or most severely the loss of the device itself until the device is returned and restored in an immaculate condition.
(4) In case of an exercised rejection right by the END USER, ALLTERCO shall return the price of the device within 14 days from the date of the rejection announcement, but not earlier than the date of receipt of the returned device or providing evidence to return the device (whichever comes sooner). The sums are recovered into the bank account specified by the END USER. The sum will be recovered at no additional expense for the END USER.
Article 25.In cases of the incongruence of the device with the sales contract, the END USER is entitled to make a complaint within 2 (two) years from the delivery date, in accordance with the warranty terms and conditions, comprised in the auxiliary documentation and the contingencies in the Consumer Protection Act.
(2) Repairs of devices with an expired warranty are paid by the END USERS in a mutually agreed by the two side time frame.
VIII. PERSONAL DATA
Article 26. In the process of purchase and the subsequent usage of the device, including downloading, installing, and using the Application, personal identification data can be potentially accumulated.
Article 27.. Through activating the device in conjunction with pairing the device with a mobile phone, on which the application is installed, and conducting an order from the website, the END USER divulges their personal data and declares their willingness to share their personal data for processing and accumulation electronically for the means of the utmost functioning of the device and processing orders and deliveries.
Article 28. ALLTERCO ROBOTICS LTD. is allowed to disclose information corresponding to article 26 and article 27 to third parties – its distributors, agents, subcontractors, and partner mobile carriers under the conditions of confidential agreements – for the means of processing and executing orders, delivery of ordered items, data analysis, surveys, and sales analysis. These third parties have been granted access to the End user’s personal data in order to perform their obligations effectively.
Article 29. ALLTERCO ROBOTICS LTD. does not hold responsibility for the accumulation and processing of personal data, conducted by the mobile carriers or Internet providers, to whom the END USER has subscribed in the process of conveyance of their telecommunication service.
Article 30.. The personal data subject to processing and recording comprise but are not necessarily confined to data concerning a name (username inclusive), address, telephone number, location, e-mail, MSISDN of the mobile phone, on which the Application is harnessed., plus other information of confidential nature, typed by the END USER themselves in the Application. Publicly available details with regard to the END USER’s identity, which have been openly proclaimed in online forums, or incorporated into a comment left on the website. Hence, ALLTERCO shall not be deemed accountable if it exploits the data.
Article 31. (1) All data submitted by the END USER is processed and archived by ALLTERCO ROBOTICS LTD. in accordance with the local legislative idosyncrasies. ALLTERCO ROBOTICS LTD. reserves the right to analyse the END USER’s data in order to reveal their identity in case the law needs to be enforced, when reacting to a demand originating from a regulatory authority, for the means of investigation and preventing potential crime commitment, or simply to ensure the present Terms and Conditions have been diligently adhered to.
(2) Even though ALLTERCO guarantees supreme confidentiality since personal data is treated in accordance with the highest standards for data security, still ALLTERCO cannot eradicate any risk associated with the APPLICATION and the Internet connectivity of the DEVICE. Thus, potential security breaches by third parties are possible. ALLTERCO would presume that the END USER affirms they have acquainted themselves with risks derived from third party violations if the END USER has visited the Website on a regular basis, or has downloaded the complementary to the device APPLICATION. ALLTERCO is obliged to notify the END USER of any instances when their personal data has been invaded malevolently. Perhaps more importantly, ALLTERCO shall take timely and adequate measures to counter-act and restore the protection of personal data, as well as reporting the violation to the respective regulatory authorities. ALLTERCO should not be deemed liable for data security breaches if the infringement has not been induced by its employees and sub-contractors.
(3) When registering the order, installing the Application and setting up the latter’s inbuilt registration, the END USER opts in to receive by e-mail or by SMS advertisements and corporate messages with respect to the product portfolio of ALLTERCO ROBOTICS LTD., any kind of marketing communication conceived independly by ALLTERCO ROBOTICS LTD. or in collaboration with its business partners (mobile carriers, Internet providers, distributors, agents, retail chains and so forth). The END USER may decide to opt out at any time, thereby discontinuing the receipt of such messages by sending an e-mail to: support@shelly.Cloud.
IX. RIGHTS AND RESPONSIBILITIES
Article 32. When using the Website, the DEVICES and the APPLICATION, the END USER is forced to comply with the present Terms and Conditions, in addition to the universal provisions, stipulated by the legislation of the Republic of Bulgaria and the international legislation, even if they are not concretely stipulated in the present Terms and Conditions.
Article 33.(1) The END USER undertakes to respond to all provided data regarding DEVICE purchases and registration of the APPLICATION – in other words, all personal data should be as accurate and exhaustive as feasible on the date of sending the Order and registering.
(2) ALLTERCO may decline to perform (to cancel) an already made Order provided that it informs the END USER. Cancellation of an Order does not trigger any responsibility or forthcoming liabilities of any party to the counter-party, and respectively neither party is entitled to seek compensation for cancellation or one of the following scenarios: incomplete information, insufficient stock, market exits, and finaly any detected by ALLTERCO instances of End users abusing the terms and conditions with regard to the order or the usage of the DEVICE and/or the Website.
(3) ALLTERCO shall not be deemed accountable for the immaculate functioning of the DEVICES and/or the APPLICATION if the data of a respective device has been erroneously or partially typed. The same provision applies to false details when pairing the mobile device upon the installation of the APPLICATION.
Article 34. (1) The END USER is responsible for reaching a consensus with a mobile carrier and/or an Internet provider so that an Internet connection between the DEVICE and the APPLICATION is secured, which will ultimately guarantee the smooth functioning of the DEVICE/APPLICATION.
(2) The END USER is obliged to inform themselves beforehand whether the mobile device, on which the APPLICATION will be installed, respectively an electric appliance, which the DEVICE will be connected to, matches the technical specifications, required for the normal functioning and connectivity to the DEVICE.
(3) ALLTERCO does not bear responsibility for faulty or unfeasible functioning of the DEVICE when the END USER has not performed their responsibility to ensure the minimum technical conditions have been met and surpassed.
Article 35. The END USER is authorized to decline the Sales and return contract of the product, as it has been outlined in the present Terms and Conditions.
Article 36. ALLTERCO is not responsible in case of any slumps in performance of the program and technical equipment of operators on the Internet in the domestic market or abroad if the END USER is unable to avail partially or entirely of the functionalities of the services in the APPLICATION.
Article 37. In case of misuse of the DEVICE on a regular basis, including inappropriate battery re-charging, incompliance with the warranty conditions, and improper storage, ALLTERCO cannot guarantee that the DEVICE will operate at its finest.
Article 38. ALLTERCO can distance itself from the consequences, including harms invoked by or related in any means to the access, usage, and the inability to enter the APPLICATION. The APPLICATION is created in accordance with the existing Bulgarian legislation. Also, TERACOMM cannot assure its customers of inviolability and peerless protection against malevolent breaches by third parties.
Article 39. In addition to all rights and safeguard tools available at the disposal of ALLTERCO, provided by the power of law and the present Terms and Conditions, ALLTERCO is empowered to terminate the access of the END USER to the APPLICATION, including the access to their account on a temporary or permanent basis at ALLTERCO’s discretion when: 1) The END USER transgresses the present Terms and Conditions and the existing legislation; 2) The latter may serve as a precautionary measure to minimize the abuse of third parties’ rights; 3)The regulatory authorities have mandated the termination whilst exercising their lawful prerogatives.
X. INTELLECTUAL PROPERTY
Article 40.. The entire information on the Website, as well as the entire data related to the DEVICE and/or the APPLICATION available via an Internet connection, and/or other forms of corporate communication, including but not limited to logos, graphic images and labels, trademarks, dynamic symbols, texts and/or multimedia content (“the Content”), are an exclusive property of ALLTERCO.
Article 41. ALLTERCO reserves its intellectual property rights in reference at least to some extent to the Website, the DEVICES and/or the APPLICATION, regardless of whether they are proprietary or acquired through contract licenses or acquired through any other legitimate manner from third parties.
Article 42. No provision in the concluded in compliance with the present Terms and Conditions remote agreement shall be considered a consent by ALLTERCO to permit the END USER to copy, disseminate, publish, disclose to third parties, distort in any means whatsoever parts of the items and the Content, including but not limited to the content of the trademarks, logos, multimedia content or the device description in any way typing arbitrarily content derived outside of the Website, the removal of signs indicating the property rights of ALLTERCO over the Content. The END USER is banned from transferring, selling and distributing materials, conceived by reporducing (copying), altering or publishing the content except when ALLTERCO has given its explicit consent.
Article 43. Any content, to which the End User has been provided access, regardless of the resources needed, is subject ot the regulations of the present Terms and Conditions, as well as to the monitoring and enforcement mechanisms of the Bulgarian legislation and the European Union acts.
Article 44. The End User is allowed to copy, transfer and/or exploit for their private non-commercial purposes, and solely in cases when dealing with the Content does not contradict the provisions elaborated in the present Terms and Conditions, as well as the law directives.
Article 45. The END USER is entitled to harness the Content for commercial purposes if and only if they have been granted the written permission of ALLTERCO. It is worth pointing out that the usage of Content is constraint to a specific part and confined to a given timeframe, which has been explicitly mandated by ALLTERCO. Every subsequent or different usage of the Content shall be regarded as an infringement of the present Terms and Conditions, and a breach of the intellectual property of ALLTERCO.
Article 46. Sending content to the END USER or its partial or entire referencing by ALLTERCO shall not be perceived as a consent by ALLTERCO to allow the END USER to leverage the Content in full or in parts for their own purposes other than their personal needs, irrespective of the communication means utilised by ALLTERCO.
Article 47. Harnessing the Content for means other than the permissible in the present Terms and Conditions or in any otherwritten consent by ALLTERCO, is strictly outlawed.
XI. OTHER PROVISIONS
Article 48. ALLTERCO is allowed to introduce innovations with respect to the technological components of Shelly or tweak the Website/APPLICATION/DEVICE design without the need to notify its END USERS beforehand.
Article 49. For all unsettled by the present Terms and Conditions queries, the existing Bulgarian legislation will apply.