Terms and Conditions
1. Scope and contracting party
The contracting party and seller is SPS network, seated at Ante Starčevića 14, HR-51000 Rijeka, Croatia (the "Seller"). The Zurich branch is merely an office and not a contracting party. These terms apply to all contracts between the Seller and the customer. The offer is directed exclusively at businesses (B2B) and not at consumers. By placing an order, the customer confirms that they are acting as a business. Conflicting or differing terms of the customer are only recognised if the Seller expressly agrees in writing.
2. Conclusion of contract
The presentation of products in the shop does not constitute a binding offer. By submitting an order, the customer makes a binding offer. The contract is concluded upon order confirmation or dispatch of the goods by the Seller.
3. Range and partner suppliers
Part of the range comes from independent partner suppliers. For these items, the respective supplier is shown on the product page and in the order confirmation. Shipping and complaints for such items may be handled via the partner supplier. SPS network acts as an intermediary in this respect.
The Seller is not liable for delays, delivery failures, defects or unavailability of items provided or shipped by partner suppliers. The respective partner supplier is solely responsible for the condition, availability and timely delivery of these items. Delays within a partner supplier's sphere of responsibility do not give rise to claims for damages against the Seller.
4. Condition of goods
Goods are offered in the following conditions:
- New: in original packaging and unused.
- As new: tested, fully functional, no or minimal signs of use.
- Refurbished: cleaned, repaired and function-tested under power.
- Used: function-tested; signs of use are possible.
Usual signs of use on used or refurbished goods do not constitute a defect.
5. Prices and taxes
All prices are net prices plus statutory VAT. Where a valid VAT ID of a business from another EU member state is provided, delivery is made under the reverse-charge procedure and no VAT is stated.
5a. Promotional and reduced prices
Prices marked as reduced (e.g. "−25%") refer to the price previously charged by the Seller or the customary market reference price for comparable goods; the struck-through price is that reference price. Promotions are limited in time and apply only while stocks last. Reduced prices cannot be combined with further discounts or vouchers.
6. Payment terms
Advance payment/bank transfer and PayPal are available. Goods are delivered only after payment has been received in full.
7. Delivery, delivery times and delays
We ship worldwide. Shipping costs and delivery times are stated in the shop and on the shipping page. Partial deliveries are permitted. For deliveries outside the EU, import duties and customs may apply at the destination. Risk passes to the customer upon handover to the carrier.
Stated delivery and processing times are non-binding approximate figures and do not constitute binding fixed dates unless expressly agreed otherwise in writing. As the goods are predominantly used, refurbished and hard-to-source items, delays in procurement and shipping may occur – also depending on general market availability and the prevailing economic situation. Such delays do not entitle the customer to withdraw or to claim damages, unless the Seller caused the delay intentionally or through gross negligence.
7a. Force majeure
Events of force majeure and other circumstances beyond the Seller's control (including supply shortages, disruptions at upstream or partner suppliers, transport and operational disruptions, strikes, official measures, energy or raw-material shortages, pandemics, war) release the Seller from the obligation to perform for their duration. Agreed delivery times are extended accordingly. Any claim for damages by the customer is excluded in these cases.
8. Retention of title
The goods remain the property of the Seller until full payment.
9. Warranty
For used goods, the warranty period towards businesses is 12 months from the passing of risk. Further claims are excluded to the extent legally permitted.
9a. Exclusions and wear parts
Wear and consumable parts are excluded from the warranty, in particular backup batteries, rechargeable batteries, electrolytic capacitors, fans, memory cards and displays with normal ageing behaviour, insofar as their limited remaining service life is customary and to be expected for used goods. The Seller does not warrant any specific remaining capacity of batteries or capacitors. The customer is solely responsible for using the goods in safety-related or otherwise critical applications; fitness for a particular purpose is owed only upon express written assurance.
10. Returns (RMA)
Returns require prior agreement. Please request an RMA number at info@sps-shop.info before any return.
11. Limitation of liability
The Seller is fully liable for intent and gross negligence and under product liability law. For slight negligence, the Seller is only liable for breach of a material contractual obligation, limited to the foreseeable damage typical of the contract.
12. Trademarks
Trademarks and part numbers stated are used solely for compatibility. There is no manufacturer partnership. See the Imprint.
13. Data protection
Our Privacy Policy applies.
13a. Default, set-off, right of retention
If the customer defaults on payment, the Seller is entitled to charge default interest at the statutory rate. The customer may only set off claims that are undisputed, legally established or acknowledged by the Seller. A right of retention may only be exercised for claims arising from the same contractual relationship.
13b. Export control and re-export
When exporting, transferring or re-exporting the goods, the customer is responsible for complying with the applicable export and import regulations as well as embargo and sanctions rules of the EU, Croatia and any third countries. The customer is responsible for obtaining any required permits. Country-specific restrictions may apply to used automation and control technology.
13c. Electrical and electronic equipment (WEEE)
The equipment offered is electrical and electronic equipment for commercial use. Information on the return and proper disposal of old equipment is available on request.
13d. Purchase of faulty and used devices (buyback)
The Seller purchases faulty, removed and decommissioned automation technology. Buyback amounts stated on the website or on product pages are non-binding indicative figures ("from approx. … depending on condition") and do not constitute a binding offer. A binding buyback offer is made only after assessment of the submitted information and is subject to inspection on arrival. The offeror warrants that they are the owner of the goods offered and entitled to sell them, and that they do not offer counterfeit or unlawfully labelled goods. Handover, transport and payment are governed by separate agreement.
14. Applicable law and jurisdiction
The law of the Republic of Croatia applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is – where legally permissible – Rijeka, Croatia. The Seller is also entitled to bring an action at the customer's general place of jurisdiction. In relation to consumers, the statutory place of jurisdiction applies.
15. Severability
Should any provision of these terms be invalid, the validity of the remaining provisions shall not be affected.