Terms of sale

Welcome to EKWB (hereinafter also ‘’we’’, ‘’us’’ and ‘’our’’). These are our Terms of Sale. With EKWB you can buy EKWB products and EKWB AIO products (together or separately also ‘’Product or Products’’) and since we want this process to be as smooth as possible, we would like you to fully understand our terms in order to be fully satisfied with our Products and our service. These terms will help you understand our shipping and delivery policy, warranties and returns, which are the cases when Products warranty does not apply and our RMA procedure. By ordering our Products you accept and agree with these Terms of Sale.

1.  PAYMENT, PRICING & PROMOTIONS

1.1. Payment terms

Terms of payment are within EKWB sole discretion, unless otherwise agreed to by EKWB. Customer pays for the order at own choice - either after the delivery (only available for Slovenian customers) or when ordering the products. Invoices are due and payable within the time period noted by EKWB based on the purchase, measured from the date of the invoice. EKWB may invoice parts of an order separately (option valid for orders larger than 2.000 EUR). Orders are not binding upon EKWB until accepted by EKWB. Any quotations given by EKWB will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the standard rate allowed by Slovenian law.

1.2. Payment for products

We offer the following payment methods for purchasing of EKWB products:

  1. PayPal: You can pay with PayPal as a registered user. PayPal is accepted worldwide and you are protected by PayPal Buyer Protection.
  2. Credit Card: You can make a purchase by using any major credit card company (American Express, Visa, MasterCard, Discover) via the Braintree
  3. T/T Payment: You can pay by arranging a bank wire transfer to the EKWB account given at the checkout.
  4. Bitcoin: You can pay with digital currency by using the BitPay If you are having issues with your BitPay payment, please follow these guidelines: https://bitpay.com/pay-with-bitcoin. Refunds are not possible via the BitPay service, we can only refund your payment via PayPal or bank wire transfer.
  5. Cash on delivery (only available for Slovenian customers): You can pay for the goods with cash at the time of delivery. This service is done through DPD Slovenia. If the customer fails to make the payment at the time of delivery, the package gets returned to EKWB after a certain period of time.
  6. Splitit: You can use your credit card (Visa or MasterCard) to pay over time with no interest. You can split the purchase amount of 500 EUR/AUD/USD or more in up to 3 interest-free monthly payments. How Splitit payment works:
    1. The first monthly payment is charged on your credit card (note that debit cards are not valid for the Splitit payment option and please ensure that your credit limit is sufficient, otherwise your order will not be successful) when you purchase the order. Splitit will authorize the full amount on your existing credit card. After every payment, the hold on your credit card is reduced until the purchase is fully paid.   The instalments appear on your statement as individual payments. If you are having issues with your Splitit payment, please visit Splitit website: https://www.splitit.com/faq/shoppers/ 

1.3. Pricing

All prices in EKWB web shop include 22% Slovenian VAT (value-added tax) that is applicable for all Slovenian and EU customers. All other international customers will be invoiced the price without VAT. International B2B customers from EU with a valid VATIN (value-added tax identification number) don’t need to pay the VAT if they create web shop account and if a valid VATIN is provided. All prices in EKWB web shop exclude shipping costs which are payable separately after the delivery address is determined. B2B customers, choosing to pay the invoice through PayPal, will be charged additional 1,9% PayPal processing fee on the 'Grand Total' value of their order during the checkout process.

1.4. Promotions

Occasionally, EKWB offers special promotions which can be redeemed using a coupon code. This coupon code is usually given to you, the customer, via e-mail, if you are registered to receive EKWB newsletters. If you have a coupon code from EKWB, please enter it at the checkout page in the 'Discount codes' field and press the 'Apply Coupon' button to submit it.

Coupon or Discount Code Terms & Conditions

  • Coupon or Discount Codes are valid for a limited time only. EKWB reserves the right to modify or cancel coupons at any time.
  • Coupon or Discount Codes are only valid until specified expiration date. After expiration date items remaining in cart will no longer qualify for discount offer.
  • Each Coupon or Discount Code can be used only once, unless otherwise specified.
  • Coupon or Discount Code cannot be applied to previously placed orders.
  • Coupon or Discount Code may only be applied to qualifying items or percentage off purchases displaying the coupon offer. The coupon offer will not be valid until it is applied to the qualifying item. Details are specified in the promotion.
  • Coupon or Discount Codes are available to individual consumers for products purchased online in the EKWB web shop (available at: https://www.ekwb.com/shop/)- while stocks last.
  • Promotions are limited to one coupon per customer, unless otherwise specified.
  • Promotional Coupon or Discount Codes may not be combined with other discounts or sales.
  • The promotional Coupon or Discount Code is not transferable, may not be resold or redeemed for cash.
  • Certain products may be excluded from Coupon or Discount Codes. See the specific details of the promotion for excluded products.
  • To apply a Coupon or Discount Code, you must enter it prior to completing the order, at the checkout page in the 'Discount codes' field and press the 'Apply Coupon' button to submit it.
  • All offer Coupon or Discount Codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.  
  • We reserve the rights to adjust the value of our Coupon or Discount Code based on the current exchange rates. 

EKWB reserves the right to update these terms and conditions without prior notice.

2. SHIPPING AND DELIVERY

2.1. Shipping policy

You can read about our here.

2.2. Delivery time for online purchases

When EKWB accepts your order in writing, we will also contact you with an estimated delivery time. We try hard to meet your requested delivery dates, unless you are in default under these Terms of Sale, or our performance is otherwise excused. We are not liable for late or delayed delivery. Late delivery is not a basis for cancellation of any order. Shipping and delivery dates are estimates only. The time it takes to receive your order depends on the shipping method you choose during checkout, and the time of day you place your order.

2.3. Delivery terms

When you receive a Product, you own it, as well as the risk of loss or damage. We have the right to make partial deliveries. EKWB can deliver the Software via e-mail if it so chooses. EKWB or its licensors still own the Title to the Software. You accept the terms of the Software when it is activated or otherwise made available for your access or use, whichever date is earlier. You are responsible for letting us know in writing of any identified missing, wrongly delivered or non-conformance of a Product within 8 days of receiving it. Read more about   here. Don’t forget to also review our Terms of Use. Our Privacy Policy is published here and incorporated herein by this reference.

3. WARRANTY AND RETURNS

3.1. Contact Us First Before Sending Anything Back

You may return Product(s) that were bought through EKWB website. Before sending anything to EKWB, please contact our team at EKWB web shop/My Returns. Our friendly team will help you solve any problems quickly and efficiently. If you return anything to EKWB without prior authorization, this will be considered an unauthorized return, and you will not receive credit for the Product(s), and EKWB will not ship the Product(s) back to you. So, make sure you contact us before sending anything back. We may, in our sole discretion, arrange for fulfillment of our warranty obligations through an EKWB affiliate, authorized distributor, or an authorized warranty service center. Returns may be subject to shipping, handling, replacement and/or restocking fees. If you cancel your order before we ship it, we will reimburse all payments received from you, including the costs of shipping and delivery. If there have been some issues related to delivery, you are responsible for letting us know in writing of any identified damage or nonconformance of Product(s) within 8 days of receiving them. Product(s) must be returned to us as defined in this Terms of Sale. Product(s) may be returned within 30 calendar days after receiving the device. Read our 30-Day Money Back Guarantee below.

3.2. 30-Day Money Back Guarantee (EKWB Webstore Purchases)

We want you to be completely satisfied with your Product purchase from our online store. If at any time within 30 days of receiving, your Product from our Webstore at www.ekwb.com, you are not 100% satisfied, you may return it to us (with respect to below-stated conditions) for a refund. No questions asked.  You can return items for a refund within 30 days from purchase if:

  1. they are unused and in mint condition.
  2. undamaged (i.e. no signs of installation or use such as liquid present in the item)
  3. all costs are being covered by the customer.

Opened packages can be accepted, however, we reserve a right to refuse items if we do not find them proper for further sale. Up to 15% restocking fee may be charged. NOTE: this guarantee applies only to orders placed on EKWB’s webstore at www.ekwb.com.

3.3. EKWB Webstore Return Instructions

If you bought your Product from our Webstore at www.ekwb.com, and you are not satisfied with your purchase within 30 days of receipt, you can return it following the procedure described in Warranty Replacement Service Instructions below. Your card will be credited or you will be reimbursed upon receipt of the return of the Product, however we reduce the payment for shipping fees and any other handling and/or installation fees. If the returned Product is defective by EWKB’s fault, you will not be charged with restocking fee. Returns that don’t qualify for warranty coverage will be returned to customers. It is vital that you communicate with our team at EKWB web shop/My Returns before sending in your return.

3.4. STANDARD - EKWB product Warranty

3.4.1. EKWB product Two-Year Limited Warranty

EKWB products are guaranteed against manufacturing defects two (2) years from the original delivery date. EKWB’s sole obligation in the event of such defects during this period is to replace the EKWB product with a comparable device at EKWB’s sole discretion. During the warranty period, EKWB will make the choice whether to replace, repair or otherwise correct for any EKWB product subject to the warranty which we determine as non-conforming after we check it out. Unless: (i) it falls under the limited warranty included with a EKWB product; or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties we warrant to you, and only to you, as applicable, that our EKWB products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 2 years from the original delivery date.

3.4.2. Warranty Replacement for EKWB product Service Instructions

EKWB will replace the EKWB product free of charge if your device has a manufacturing defect that is covered by the Warranty. At EKWB’s discretion, EKWB will cover the shipping cost. For details see Section RMA PROCEDURE below.

3.4.3. Cases when EKWB product Warranty does not Apply

The EKWB product Warranty does not apply if the EKWB product has been installed and/or used in a manner that does not comply with user instructions, or has been fitted on unsuitable materials.

  1. Normal wear and tear
  2. If the EKWB product has been modified or repaired by personnel other than EKWB’s
  3. If the defect or damage has been caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB product specifications); or exposure to environmental conditions for which the EKWB product is not intended
  4. where the EKWB product is damaged as a result of abuse, accident, or other causes beyond our reasonable control

This limited warranty also does not apply to, and we are not responsible for, defects or performance problems resulting from: (i) the combination or use of the EKWB product with hardware or Software, information, data, systems, interfaces, or devices not made, supplied or specified by us; (ii) operating the EKWB product under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair, or use of EKWB products; (iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB product specifications); or exposure to environmental conditions for which the EKWB product is not intended; (v) normal wear and tear on consumable parts, or (vi) cosmetic damage and (vii) in contrary with these Terms of Sale. We do not warrant or guarantee the results obtained through the use of the EKWB product.

If any EKWB product stops working during the warranty period for reasons covered by our limited warranty, and you notify us of such a failure during the warranty period, we will at our option replace a nonconforming EKWB product with a new, equivalent to new, or reconditioned parts for the EKWB product or, if it doesn’t make financial sense in our determination, we will refund the EKWB product purchase price you paid (excluding separate costs of installation and shipping and/or any other handling costs, if any) upon your return of the EKWB product in accordance with our EKWB product return procedures as referenced above. Any repaired or replaced EKWB product will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer.

The Licensed Technology includes Third-Party Software and Hardware components. By entering into this Agreement and using Third-Party Software and Hardware, you are accepting the terms of respective licenses.  In this case, the Third-Party Software and Hardware terms will govern your use of the Third-Party Software and Hardware, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third-Party Software and Hardware.  You agree that the owners of the Third-Party Software and Hardware are intended third party beneficiaries to this Agreement in relation to your uses of Third-Party Software and Hardware.

3.4.4. Determination of Warranty Applicability

We can refuse warranty services if the EKWB product or Software date of purchase cannot be proven, if a claim is made outside the warranty period, or if a claim is excluded. Following our examination of your claim, we will notify you of your warranty status and the repair cost of any out-of-warranty EKWB product. At such a time you must issue a valid purchase order to cover the cost of the non-warranted EKWB product repair and return shipping or authorize return shipment of the EKWB product at your expense as is.

3.5. STANDARD - EKWB AIO product Warranty

3.5.1. EKWB AIO product Five-Year Limited Warranty

EKWB AIO products are guaranteed against manufacturing defects five (5) years from the original delivery date. EKWB’s sole obligation in event of such defects during this period is to replace the EKWB AIO product with a comparable device at EKWB’s sole discretion.

During the warranty period, EKWB will make the choice whether to replace, repair or otherwise correct for any EKWB AIO product subject to the warranty which we determine as non-conforming after we check it out. Unless: (i) it falls under the limited warranty included with a EKWB AIO product; or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties we warrant to you, and only to you, as applicable, that our EKWB AIO products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 5 years from the original delivery date.

3.5.2. Warranty Replacement for EKWB AIO product Service Instructions

EKWB will replace the EKWB AIO product free of charge if your device has a manufacturing defect that is covered by the Warranty. At EKWB’s discretion, EKWB will cover the shipping cost. For details see Section RMA PROCEDURE below.

3.5.3. Cases when EKWB AIO product Warranty does not Apply

The EKWB AIO product Warranty does not apply if the AIO product has been installed and/or used in a mfanner that does not comply with user instructions, or has been fitted on unsuitable materials.

  1. Normal wear and tear
  2. If the EKWB AIO product has been modified or repaired by personnel other than EKWB’s
  3. If the defect or damage has been caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB AIO product specifications); or exposure to environmental conditions for which the EKWB AIO product is not intended
  4. where the EKWB AIO product is damaged as a result of abuse, accident, or other causes beyond our reasonable control

This limited warranty also does not apply to, and we are not responsible for, defects or performance problems resulting from: (i) the combination or use of the EKWB AIO product with hardware or Software, information, data, systems, interfaces, or devices not made, supplied or specified by us; (ii) operating the EKWB AIO product under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair, or use of EKWB AIO products; (iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EKWB AIO product specifications); or exposure to environmental conditions for which the EKWB AIO product is not intended; (v) normal wear and tear on consumable parts, or (vi) cosmetic damage and (vii) in contrary with these Terms of Sale. We do not warrant or guarantee the results obtained through the use of the EKWB AIO product.

If any EKWB AIO product stops working during the warranty period for reasons covered by our limited warranty, and you notify us of such a failure during the warranty period, we will at our option replace a nonconforming EKWB AIO product with a new, equivalent to new, or reconditioned parts for the EKWB AIO product or, if it doesn’t make financial sense in our determination, we will refund the EKWB AIO product purchase price you paid (excluding separate costs of installation and shipping and/or any other handling costs, if any) upon your return of the EKWB AIO product in accordance with our EKWB AIO product return procedures as referenced above. Any repaired or replaced EKWB AIO product will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer.

The Licensed Technology includes Third-Party Software and Hardware components. By entering into this Agreement and using Third-Party Software and Hardware, you are accepting the terms of respective licenses.  In this case, the Third-Party Software and Hardware terms will govern your use of the Third-Party Software and Hardware, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third-Party Software and Hardware.  You agree that the owners of the Third-Party Software and Hardware are intended third party beneficiaries to this Agreement in relation to your uses of Third-Party Software and Hardware.

3.5.4. Determination of Warranty Applicability for AIO product

We can refuse warranty services if the EKWB AIO product date of purchase cannot be proven, if a claim is made outside the warranty period, or if a claim is excluded. Following our examination of your claim, we will notify you of your warranty status and the repair cost of any out-of-warranty EKWB AIO product. At such a time you must issue a valid purchase order to cover the cost of the non-warranted EKWB AIO product repair and return shipping or authorize return shipment of the EKWB AIO product at your expense as is.

3.6. Software

The Software is made available ‟as is.” EKWB makes no warranties, conditions, accompanying documentation as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality, or fitness for any particular purpose. EKWB provides no warranty regarding, and will have no responsibility for, any claim arising out of:

(i) using the Software in any way not covered by these terms and conditions or its purpose

(ii) the modification of Software made by anyone other than EKWB unless EKWB authorized such a modification (

iii) damages due to improper or sloppy use

(iv) the use of Software in combination with any operating system, or any Software or/and hardware not authorized or forbidden by EKWB.

EKWB provides no warranty and will have no responsibility for:

(i) operation of Software being uninterrupted

(ii) operation of Software being error-free

(iii) that the functions contained in the Software will meet distributor requirements

(iv) that the Software will be compatible with any Software or hardware, except Software and firmware authorized by EKWB EKWB is not responsible for any damages or loss resulting from the use or inability to use the Software.

3.7. Your Representations and Warranties

By making a purchasing of Product(s) and accepting these Terms of Sale, you hereby represent and warrant that:

  1. you have read and understood these Terms of Sale;
  1. you have the necessary authority and consent to accept these Terms of Sale, to enter into a binding agreement with EKWB and/or its Affiliates and to perform the obligations set out herein;
  1. if you are an individual (i.e. a natural person), you are at least 16 years of age, you have sufficient legal capacity according to your residency country laws to accept these Terms of Sale and to enter into a binding agreement with the EKWB on the terms set out herein;
  1. if you are buying our Product(s) as a corporate entity including, without limitation, any company or partnership (or other type of legal entity that is not a natural person), such entity is duly incorporated, registered and validly existing under the applicable laws of the jurisdiction in which the entity is established;
  1. if you are buying Product(s) for or on behalf of an entity or person, you are authorized to accept these Terms of Sale and enter into a binding agreement with EKWB on such entity’s or person’s behalf (and in such circumstances, references in these Terms of Sale “your” or “you” will be a reference to the entity or person on whose behalf you are authorised to make a contribution);
  1. you will not use Product(s) to finance, engage in, or otherwise support any unlawful activities;
  1. all of the above representations and warranties are true, complete, accurate and non-misleading from the time of your access to and/or acceptance of possession of these Terms of Sale.

3.8. Limitation of Liability

EKWB is not responsible for any modification or damage to, or loss of any programs, data, or other information stored on any media or any part of any Product(s) serviced by EKWB, or stored or hosted by EKWB in connection with a Software service EKWB provides, or for the seeking of Software support. Any Product(s) or Software sent to EKWB for support may be returned to you configured as originally provided to you by EKWB.

EKWB’s entire liability for any and all claims arising out of, or in connection with, these Terms of Sale is limited to the amounts you actually paid to us under the Terms of Sale. Further, neither EKWB nor EKWB employees are liable for any incidental, consequential, punitive damages, or other damages, or loss of profits, loss of revenue, loss or corruption of data or information, loss of use of the EKWB product or Software, or any associated equipment, costs of cover, downtime and user time, or for breach of any express or implied warranty or conditions, breach of contract, negligence, strict liability, or any other legal theory related to Products or the Software. Except to the extent prohibited by applicable law, any implied warranty of satisfactory quality or fitness for a particular purpose applying to Products or Software is limited in duration to the duration of the warranty specified above. Some countries do not allow the exclusion or limitation of incidental, consequential, or specified other damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply, or may not fully apply to you.

3.9. RMA PROCEDURE

EKWB will replace Product(s) free of charge if your device has a manufacturing defect that is covered by the warranty. You must send good quality photos or video, where the damage or faulty function is clearly visible/audible.

Before sending anything to us, please contact our team at EKWB web shop/My Returns. When our team determines that your problem qualifies or it does not qualify for warranty coverage, you will be informed.

You can start RMA procedure through your web shop account under My returns, where you can choose the Product(s) you want to have replaced in drop-down menu. In case you placed an order without creating a web shop account (as a guest), you will have to create a web shop account before starting RMA procedure and manually enter the Product(s) you want to have replaced due to defect covered by the warranty.

Note: Please do not hand deliver your Product(s) to the RMA facility, even if you are local. These locations are not set up to receive visitors. Thanks!

Please follow the RMA instructions below:

  1. Print and fill out the RMA document.
  2. Include the RMA document in the package. (Instructions on how to fill out the document can be found on the document itself.)
  3. Scan or take a photo of the filled-out RMA document and attach it to the portal as requested.
  4. Securely pack the device(s) in original packing and mark the package with the RMA number provided by the EKWB Team at EKWB web shop/My Returns.
  5. When filling out documents for the shipping courier please provide the correct price of the unit(s) purchased. (Example: If you bought 5 devices and are returning 2, please specify the corresponding price for those two devices without tax and shipping.)
  6. Send to address listed under 2.9.1.

3.9.1. Returns

To address:   EKWB Pod Lipami 18, 1218 Komenda Slovenia, Europe Or EK Cooling Solutions LLC attn: RMA 1832 Grandstand Drive San Antonio, TX 78238 United States Depends on your RMA administrator instructions. Returns that don’t qualify for warranty coverage will be returned to customers. It is vital that you communicate with the EKWB Team at EKWB web shop/My Returns before sending in your return. Your purchase of any Product is governed by the limited warranty provided with that Product. Product needs to be returned in 14 days after RMA is approved by EKWB. In contrary EKWB is not obliged to fulfill its obligations under RMA Procedure.

3.9.2. Shipping Charges for Returns

EKWB provides shipping of replacement parts / item to the sender only. Unless otherwise noted, shipping of Products and returns is non-refundable, and returning a Product comes at the expense of the customer.

All shipped packages from EKWB are fully insured. If you receive a damaged package, you must notify us immediately by e-mail (link: orders@ekwb.com). Sending back damaged merchandise voids the shipping insurance and no credit will therefore be given. Damaged packages must be held for seven calendar days with original packaging for courier's company inspection. We will send you new Products free of any expenses.

Customers will be responsible for return shipping charges on merchandise and for shipping the Product back to EKWB. This is analogous to paying for gas to drive a Product back to a store you bought it from to return it. Please ship the return package using a carrier that provides a tracking number and proof of delivery. We recommend DHL, UPS, GLS or FedEx. EKWB will not be responsible for items lost by the carrier, but will help you resolve the issue with the delivery courier. Valid proof of delivery must include the receipt signature of an authorized EKWB employee.

4. GENERAL PROVISIONS

4.1. Not for Resale or Export, Anti-Corruption Clause

Products thereof supplied by EKWB under these Terms of Sale are subject to export controls under the laws and regulations of the Republic of Slovenia (“Slovenia”) and any other applicable countries’ laws and regulations.

You shall comply with such laws and regulations governing export, re-export, import, transfer and use of Products and will obtain all required local authorizations, permits, or licenses. EKWB and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

You shall not export Products without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom EKWB is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Products to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any Products with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of an Product. You shall defend, indemnify, and hold EKWB harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

You also represent and warrant that your officers, employees and agents shall comply with the anti-corruption laws of your resident country and the Laws of the Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

4.2. Notices

Any notice or other communication given by either party to the other regarding these Terms of Sale will be deemed given and served.

4.3. Prices and Taxes

Prices will be as quoted in writing by EKWB or, in the absence of a written quote, as set out on our website, customer-specific portal, or EKWB published list price at the time an order is submitted to EKWB. Prices are inclusive of taxes, duties, and fees (including shipping and handling) unless provided otherwise by EKWB.

4.4. Force Majeure

Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

4.5. Intellectual Property

No transfer of ownership of any intellectual property will occur under these Terms of Sale. You may not sublicense, assign, transfer, rent or lease the Software or Software license except as permitted by EKWB.

4.6. Electronic communications

When you use any EKWB service, or send e-mails, text messages, and other communications from your desktop or mobile device to EKWB, you are communicating with EKWB electronically. You consent to receive communications from EKWB electronically. You agree that all agreements, notices, disclosures, and other communications that EKWB provides to you electronically satisfy any legal requirement that such communications be in writing.

4.7. Business integrity & Severability

You shall comply with all relevant laws and international agreements to secure lawful business with highest integrity standards as they are required in industry.

In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

4.8. Governing Law and Jurisdiction

Place of fulfillment and performance for any obligation arising in context with our deliveries is Ljubljana, Slovenia.

The place of jurisdiction shall be Ljubljana, Slovenia and its competent courts. Governing Law shall be the law of Slovenia with the exclusion of international conflict of law’s provisions thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

4.9. Entire Agreement

The failure of EKWB to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. These Terms of Sale and any related terms and policies operating rules posted by EKWB on this site constitutes the entire agreement and understanding between you and EKWB and govern your use of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale). Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.

4.10. Changes to Terms of Sale

You can review the most current version of the Terms of Sale at any time at this page. EKWB reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to EKWB website. It is your responsibility to check website periodically for changes. Your continued use of or access to EKWB website or the Service following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.