Orders placed after April 2st, 2020, by legal entities
TERMS AND CONDITIONS FOR PURCHASE OF JOAN PRODUCTS
Version: April 2020 (see older versions)
These Terms and Conditions for the Purchase of Joan Products (the “Terms”) are the basis for purchasing Joan devices as well as all accessories (cumulatively referred to as the “Products”) sold with the device or separately in our on-line shop available on our website.
Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Visionect d.o.o. By accepting these Terms you acknowledge to have read and understood the Terms, so please read them carefully.
NOTE: These Terms do not govern the terms and conditions for purchase of the Joan Service (subscription). If you are interested in those, please follow this link.
We suggest that you print a copy of the Terms and keep them in your records.
When accepted through the ordering process, subject to confirmation by Visionect as mentioned in clause 2 below, the Terms constitute a binding agreement.
Before buying any of our Product You acknowledge that in order to use the Joan device for it’s predicted use – that is Joan room booking and management solution, you require a valid Subscription Account. A basic subscription to the Service (“Basic Subscription”) is provided to You free of charge upon the purchase of the tablet and acceptance of the applicable Terms of service. Visionect also offers to its customers an upgraded Joan Service with additional features (“Standard Subscription” and “Premium Subscription”). Should You wish to upgrade your Basic Subscription to a Standard or Premium Subscription, Visionect will charge You a subscription fee. Any such subscription fee will be paid for by You in addition to the purchase price of the tablet in accordance with the Subscription Agreement applicable to such payable Subscriptions. You can see the applicable terms and conditions and pricing information for the Joan Service here.
1. Terms of Sale
Basically put, this section describes the who’s and what’s in our easy on-line buying process. You choose the products you want on the website, decide how many you’d like for your office, input your payment method, and voila, you have bought Joan device(s) and/or its accessories, great products that will make office life much easier and more organized. Oh, and it also says you can’t use Joan products to do destructive things, etc. Really. Please don’t.
Buying a Joan product is quick and easy, and we’re here to help. If the language in these terms gets too complicated or if you have any questions about how to buy the Joan products, please contact our Joan Team at firstname.lastname@example.org (or email@example.com), and they’ll walk you through the process.
2. What is a Joan device?
A Joan device is a digital door display (technical data and details are provided on getjoan.com), supported by a meeting room booking solution (Joan service) developed by Visionect, who owns all intellectual property rights within and regulates the shopping process for your convenience and safe use of the Joan products. We offer two different devices: Joan 6 which is a 6 inch ultra-low consumption e-paper table and Joan 13, a 13 inch ultra-low consumption e-paper tablet.
3. Who can buy Joan?
Under these Terms we only sell Joan devices to legally organized and incorporated legal entities that comply with the local law of the country of delivery. B2B (business-to-business) means a transaction in which the supplier and the customer are legal entities.
By placing an order on the Website, you confirm that you are:
- legally capable of entering into binding contracts;
- duly authorised to enter into binding contracts on your or your companies or organisations behalf;
- if in the EU, able to provide your VAT number, when applicable;
- not a person barred from buying the Products under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Products; for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and that
- you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
Since we need to know who we are working with, you also agree not to omit or misrepresent any data for the creation and further use of your account, and you agree to update such data to ensure that such data is current, complete and accurate.
By accepting these Terms, you represent that you understand and agree to the foregoing.
The Terms become binding on You when You complete the order at Visionect’s website. The purchase becomes binding upon us once we have sent You an order confirmation after having received the order and your payment.
We need to receive your payment before we can accept your order. You can pay with a credit card, PayPal, or any other prearranged payment method.
We can cancel your order if we deem it necessary. In case we have already received any of your payment, all funds will be returned.
Regardless of the foregoing, an agreement will not be binding on either party if the offer from Visionect provided to You in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if You have provided incorrect payment or delivery information.
5. Pricing & Payment Terms
The total purchase price for the chosen product(s) is displayed in the ordering process. The product is paid in advance and otherwise in accordance with the payment option chosen by You in the ordering process.
All prices are quoted in EURO or applicable local currency and include shipping and other fees. However, additional local VAT, customs and other duties may apply in your jurisdiction (see below). You can pay using Visa®, MasterCard®, American Express®, PayPal, or another option defined by Visionect. Your order is considered as accepted when your card is debited or when Visionect receives payment of invoice.
You are liable for any costs incurred by us if you change or cancel any order, and for all costs of collection of past due amounts (including attorneys’ fees).
Our stated prices for Joan products do not include applicable sales taxes, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes or similar charges – all of which are your responsibility to pay. You need to pay us all taxes and governmental fees we are required to collect or pay upon sale or delivery of the Joan products unless you provide us with direct payment authority or an exemption certificate valid in the jurisdiction the Joan products will be delivered.
Our price quotes are non-binding unless we let you know in writing. An order is valid and binding only after we confirm it in writing via an order confirmation pursuant to Section 4. Visionect is not responsible for any pricing, typographical, or other errors in our communications. We may process payment and ship parts of an order separately.
Basic Order Terms: All orders must include the following information: (i) which and how many Joan products you would like, (ii) prices, and (iii) delivery instructions, (collectively, the “Basic Order Terms”).
We can cancel or indefinitely suspend an accepted order, and refuse additional orders if: (i) you don’t do what you’re supposed to do according to these Terms, (ii) you stop doing business or enter into any bankruptcy, insolvency, receivership or similar proceeding that lasts more than 30 days, or assign your assets for the benefit of creditors, or (iii) if third-party financing in connection with your Joan products purchase(s) aren’t fast enough for us.
You may cancel your order prior to shipping. In this case, we will reimburse all payments received from you, including the costs of shipping and delivery.
6. Shipping, Delivery
When Visionect accepts your order in writing via an order confirmation pursuant to Section 4, 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, or our performance is otherwise excused. You acknowledge that we are not liable for late or delayed delivery and that 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.
The product must be delivered to the delivery address specified by You in the order form. You are responsible for ensuring that the correct address is registered at all times, and Visionect shall not be liable for any loss resulting from Your failure to update your delivery address.
Delivery has occurred when You, or your representative, has taken possession of the Product. You now own the Product. The risk of the Product passes to You when You or your representative have received the Product. If the Product is not collected or received on time, and if this is due to You or circumstances related to You, the risk passes to You when the item is at your disposal and the failure to take possession of the Product constitutes a breach of contract by You. Visionect reserves the right to charge You for extra shipment costs due to your failure to collect the Products in time.
In order to expedite the deliveries to You, we reserve the right to make partial deliveries.
Visionect can deliver the Software via e-mail if it so chooses.
You are responsible for letting us know in writing of any identified damage or nonconformance of the JOAN device within 8 days of receiving the JOAN device. To find out more please see Clause 10 of these Terms.
7. 30 Day Money Back Guarantee (JOAN Webstore Purchases only)
We want You to be completely satisfied with your Joan product purchase from our online store. If at any time within 30 days of receiving your Joan device (Cancelation period) from our Webstore at getjoan.com (joanassistant.com), You are not 100% satisfied, You may return it to us for a refund. No questions asked. Your card will be credited, or you will be reimbursed upon receipt of the return of the Joan device(s).
Please note that any items damaged due to reasons not covered under Warranty cannot be accepted back for refund under our 30 Day Money Back Guarantee. Also, associated shipping fees are not refundable.
A cancellation notice received after the Cancellation period is not eligible for a refund.
NOTE: this guarantee applies only to orders placed on Joan’s webstore at getjoan.com, a proof of the original purchase of the Product from Visionect webstore must be provided.
8. Limited Warranty
JOAN One-Year Limited Warranty
All Joan devices are guaranteed against manufacturing defects one (1) year from the original delivery date (“Warranty period”). During this Warranty period Visionect warrants to you, and only to you, that our Joan devices are designed and manufactured to conform to our specifications published on getjoan.com and will be free from defects in material and workmanship for a period of the Warranty period from the original delivery date.
Visionect’s sole obligation in the event of such defects during the Warranty period is to replace the product with a comparable device, repair, correct, or issue credit for any Joan device subject to the warranty which we determine as non-conforming after we check it out. It is in Visionect’s sole discretion to choose the type of remedy it sees fit.
Joan Plus – Extended Warranty
The Joan Plus – Extended 2-Year Warranty and Joan Plus – Extended 3-Year Warranty products are subject to the same terms as the Joan One-Year Limited Warranty.
Joan Plus – Extended 2-Year Warranty extends the Warranty period for an additional one (1) year to a total of two (2) years from the original delivery date.
Joan Plus – Extended 3-Year Warranty extends the Warranty period for an additional two (2) years to a total of three (3) years from the original delivery date.
During the lifetime of the device, the battery may lose some of its capacity, for which Visionect is not responsible. This may be accelerated if the device is not in use. To avoid this, please follow the following requirements:
- If the device is left unused for more than six (6) months, please re-charge it every six (6) months from the date of its last use, to preserve maximum battery life;
- Never stop using, store or leave the device unused for more than one (1) month with a completely empty battery.
Visionect is not responsible for any partial or total battery capacity reduction due to your failure to comply with the above mentioned procedures.
NOTE: Returns that don’t qualify for warranty coverage (see below) will be returned to customers.
9. Your Right to Cancel
NOTE: These terms govern and outline the procedure of order cancelling, replacing or returning a Joan product and/or its accessories. The cancelation of these Terms DOES NOT automatically cancel or in any way change/alter your subscription Agreement to our Joan Service, if you already have one in place with us. If you wish to cancel your Subscription Agreement as well, please see our Terms of Service.
Before sending anything to Visionect, please contact our JOAN Team at firstname.lastname@example.org (or email@example.com). We can usually solve the problem quickly via email. If not, and if you are considered under warranty, you will receive an authorization number.
Right to Order Cancelation
If you changed your mind you may cancel your order before we ship it and we will reimburse all payments received from you, including the costs of shipping and delivery.
10. DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS
In the event of a defective delivery or a delayed delivery, You may claim the remedies available in accordance with applicable purchasing legislation, including (if and as provided for by applicable laws) fulfillment of the contract, delivery of substitute goods or price reduction or compensation. Defective Products may be refurbished or replaced with new Products at Visionect’s discretion.
If there have been some issues related to delivery or if there is a defect in the delivered Product, You are responsible for letting us know in writing of any identified damage or nonconformance of Joan product within 8 days of receiving the Joan product. Claims relating to defective Products must be made in accordance with the applicable Limited Warranty option (see below).
To the extent permitted by applicable laws, Visionect excludes its liability for any indirect or consequential damages caused by any defect or delay, except for damages caused intentionally or by gross negligence.
11. Returns and Refunds Policy
Contact Us First, Before Sending Anything Back
Before sending anything to Visionect, please contact our Joan Team at firstname.lastname@example.org. Our friendly team will try to help you solve any Joan problems quickly and efficiently. If you return anything to Visionect without prior authorization, this will be considered an unauthorized return, and you will not receive credit for the Joan device(s), and Visionect will not ship the Joan device(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 a Visionect affiliate, authorized distributor, or an authorized warranty service center. Returns may be subject to shipping, handling, replacement and/or restocking fees.
The Joan device must be returned to us in its original or equivalent packaging, at your risk and cost. The Joan device may be returned within 30 calendar days after receiving the Joan device.
Joan Webstore Return Instructions and Process
The process of returning any of our Products is the same, regardless of the reason and legal grounds for your decision to return the Product.
Returns that don’t qualify for warranty coverage (see below) will be returned to customers.
To send any of our Products back to us please use the following procedure:
- Contact our Joan Team at email@example.com.
- If our Joan Team determines that your problem qualifies for warranty coverage, you will be issued an RMA (Return Merchandise Authorization) number. You can then prepare the package to return it to Visionect. Note: Please do not hand deliver your products 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:
- Print and fill out the RMA document. (Please find the document here.)
- Include the RMA document in the package. (Instructions on how to fill out the document can be found on the document itself.)
- Scan or take a photo of the filled-out RMA document and attach it to your email.
- Securely pack the device(s) in original packing and mark the package with the RMA number provided by the Joan Support Team at firstname.lastname@example.org. When filling out documents for the shipping courier please provide the correct price of the Joan unit(s). (Example: If you bought 5 devices and are returning 2, please specify the corresponding price for those two devices without tax and shipping.)
- Send to address: Joan Returns
Cesta v Gorice 30, 1000 Ljubljana
Returns that don’t qualify for warranty coverage will be returned to customers. It is vital that you communicate with the Joan Team at email@example.com before sending in your return.
In Which Cases the Joan Warranty does not Apply
The Joan Warranty does not apply if the product has been installed and/or used in a manner that does not comply with user instructions or has been fitted on unsuitable materials.
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 Joan device with hardware or software, information, data, systems, interfaces, or devices not made, supplied or specified by us; (ii) operating the Joan device under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair, or use of the Joan; (iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside Joan specifications); or exposure to environmental conditions for which the Joan device is not intended; (v) normal wear and tear on consumable parts (including, but not limited to, battery life), (vi) partial or complete failure of the battery, due to your failure to comply with the above mentioned procedure, (vii) cosmetic damage and/or (viii) your use in contrary with these Terms. We do not warrant or guarantee the results obtained through the use of the Joan device.
If any Joan device 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 Joan device with a new, equivalent to new, or reconditioned parts for the Joan device or, if it doesn’t make financial sense in our determination, we will refund the JOAN purchase price you paid (excluding separate costs of installation, if any) upon your return of the Joan device in accordance with our Joan device return procedures as referenced above. Any repaired or replaced Joan devices will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer.
Determination of Warranty Applicability
We can refuse warranty services if the Joan device 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 Joan devices. At such a time you must issue a valid purchase order to cover the cost of the non-warranted Joan device repair and return shipping or authorize return shipment of the Joan device at your expense as is.
12. Proprietary Rights
You acknowledge and agree that Visionect and/or its licensors own all legal right, title and interest in and to the Products, including but not limited to graphics, user interface, the scripts, and software used to run the Products, and any software provided to you as a part of and/or in connection with the Products (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Products (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Products in compliance with this Agreement. No portion of the Products may be reproduced in any form or by any means, except as expressly permitted in these terms.
The Software is made available ‟as is.” Visionect 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 except for the use of our Joan Services.
VISIONECT PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR, ANY CLAIM ARISING OUT OF:
- USING THE SOFTWARE IN ANY WAY NOT COVERED BY THESE TERMS AND CONDITIONS OR ITS PURPOSE
- THE MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN VISIONECT UNLESS VISIONECT AUTHORIZED SUCH A MODIFICATION
- DAMAGES DUE TO IMPROPER OR SLOPPY USE
- THE USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM, OR ANY SOFTWARE OR/AND HARDWARE NOT AUTHORISED OR FORBIDDEN BY VISIONECT.
VISIONECT PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR:
- OPERATION OF SOFTWARE BEING UNINTERRUPTED;
- OPERATION OF SOFTWARE BEING ERROR-FREE;
- THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OTHER THAN THOSE SPECIFICALLY REPRESENTED AT GETJONE.COM;
- THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FIRMWARE AUTHORIZED BY VISIONECT.
VISIONECT IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSS RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE.
Updates. From time to time, Visionect may update the Software used by the Products. In order to continue your use of the Products and Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
14. Limitation of liability
EXCEPT AS PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISIONECT IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH VISIONECT PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON VISIONECT PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. VISIONECT DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY VISIONECT PRODUCT UNDER THESE TERMS OR REPLACE VISIONECT PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN VISIONECT PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Visionect, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Products; (b) your use of the Products outside proper use of the Products; (c) any violation by you of this Agreement; (d) any action taken by Visionect as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Visionect, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, or to take any other action during the investigation of a suspected violation or as a result of Visionect’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision apply to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Products. You acknowledge that you are responsible for all use of the Products, and that this Agreement applies to any and all usage of Products owned by you. You agree to comply with this Agreement and to defend, indemnify and hold harmless Visionect from and against any and all claims and demands arising from the usage of Products owned by you, whether or not such usage is expressly authorized by you.
16. Personal data
Visionect is responsible for processing the personal data you provided in relation to the purchase of the Product. The data is processed only to allow Visionect to fulfill its obligations pursuant to these Terms and national legal requirements.
17. End-User customers only
Under these Terms Visionect sells and ships Products to end-user Customers only. You may not purchase Products from Visionect for resale, and Visionect reserves the right to refuse, cancel or delay your order if there are reasonable grounds to believe the Product is not being purchased for end use.
Further, any rights pertaining to Customer under these Terms may only be invoked by You, and not by any entity or individual acquiring the Product by resale or otherwise from You or other third parties.
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with Slovenian law, with the exclusion of international conflict of law’s principles thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The parties agree in good faith to use reasonable efforts to resolve any and all conflicts and controversies between them relating to these Terms informally and amicably between themselves before submitting any such matter for judicial resolution. Each party irrevocably consents to the exclusive jurisdiction of the federal and state courts located in Slovenia for any disputes directly or indirectly arising out of these Terms.
Should any of the clauses of these Terms and Conditions be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.
Visionect may provide you with notices regarding the Products, including changes to these Terms, by email you provided in your payment contact information or by postings on our website.
21. Electronic contracting
Your use of the Product includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
These Terms govern the terms and conditions for purchase of the Joan Products and constitute the entire agreement between you and completely replaces any prior agreements between you and Visionect.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The parties agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
You can contact us at any time at firstname.lastname@example.org. If you have any questions, just send us an email in English.
Last revised: 1. 4. 2020
Review archive of previous terms here.