Terms of sale for evaluation kits
Version of 29 October 2026. This is a translation: the Spanish version prevails if they differ.
1. Scope
These general terms of sale (the "Terms") govern the sale of evaluation kits and products (the "Products") by KLISKATEK, S.L., registered office at Paseo Miramón 170, 20014 Donostia / San Sebastián (Gipuzkoa), Spain, tax ID B-44817310, registered in the Commercial Registry of Gipuzkoa, volume 3092, folio 217, sheet SS-45666, entry 1 ("Kliskatek"), to customers who are not consumers (the "Customer").
2. Companies and institutions only
Kliskatek sells the Products only to companies, professionals, universities, research centres and other institutions, for their business or professional activity. The Customer states its company name and its tax ID or VAT number in its order. A professional may also buy in their own name to use the Products in their work, for example to claim it back as an expense from their employer; in that case the order states the company or organisation they will use them for. Kliskatek may refuse any order from a consumer or without those details.
By placing an order, the Customer declares (i) that it has the capacity to contract, (ii) that it is not acting as a consumer under any legislation, and (iii) that it has read and accepts these Terms.
3. Acceptance of the Terms
These Terms apply to every order for Products and exclude any other terms or conditions, including the Customer's general terms of purchase even if they have been sent to Kliskatek. They can only be changed by written agreement between the parties.
4. The Products: features and use
WARNING: the Products are evaluation products. Their only purpose is to let the Customer check their basic technical functions with a view to a possible future development. They are not a finished product, they are not fit for any other use or for resale, and they are not type-approved or certified in any way. The Customer will not place them on the market or put them into service as a final product.
The Customer knows the features and purpose of the Products and will hold Kliskatek harmless from any damage or loss, including loss of profit and indirect damage, arising from a use other than the intended one or from incorrect use.
The specifications of the Products (design, performance, weight, etc.) are approximate and within the tolerances usual in the industry. Kliskatek may make non-essential changes to the design, materials or shape of the Products until delivery.
The Customer alone is responsible for choosing the Product and for the use it makes of it. Kliskatek does not guarantee that the Product is suitable for the application the Customer has in mind or that it will meet the Customer's goals.
Software and documentation. The software and documentation supplied with the Products are governed by their own licence where they have one (the SenseID SDK, for example, is published under the MIT licence). Anything without its own licence, such as KL-Osiris, is provided under a free, non-exclusive and non-transferable licence to use it with the Products, to evaluate them and to develop the Customer's own applications, as is and without warranty.
5. Orders
The Customer places its order in writing at sales@kliskatek.com. Kliskatek will send a quotation or a pro forma invoice with the price, the shipping costs and the expected lead time. The contract is formed when Kliskatek confirms the order in writing.
Availability of the Products may vary. If, once the order has been confirmed, a Product is not available, Kliskatek will tell the Customer and refund what it paid for it.
6. Cancellation
Once confirmed, the Customer may not cancel the order, in whole or in part, unless Kliskatek agrees in writing.
Kliskatek may cancel an order if it cannot fulfil it for reasons not solely attributable to it (for example, being unable to obtain components on reasonable or usual terms). It will tell the Customer as soon as possible, and the cancellation will only entitle the Customer to a refund of the price paid, with no compensation or damages of any kind.
7. Price and payment
The price of each Product is the one in the quotation or pro forma invoice. Prices do not include VAT or other taxes, which will be added to the invoice where applicable, nor shipping costs unless stated otherwise.
Payment is made in euros, by bank transfer to the account shown in the pro forma invoice, before shipment. If the Customer prefers to pay by card, Kliskatek may send a PayPal payment link. Bank and currency exchange charges are borne by the Customer.
8. Shipping
Kliskatek will ship the Products as soon as possible and in any case within ten working days of receiving payment, from Spain, to the address given in the order and with the carrier Kliskatek chooses.
Delivery times are indicative and not binding: they depend on the destination and on transport, and Kliskatek makes no commitment on them. Kliskatek may make partial shipments; in that case, only the costs of the first shipment will be charged.
For shipments outside the European Union, customs duties, import taxes and customs formalities are borne by the Customer.
Risk in the Products passes to the Customer on delivery.
9. Receipt. Apparent defects
The Customer will check the Products as soon as it receives them (type, quantity and absence of transport damage).
Apparent defects must be reported in writing to sales@kliskatek.com within seven calendar days of delivery, with the information needed to assess the claim. After that period without notice, the shipment is deemed to conform and no claim about it will be accepted.
If the claim is justified and received in time, Kliskatek's only obligation will be to make a new delivery that corrects the defect, without liability for any damage arising from the delay or failure to deliver.
10. Warranty and liability
As they are evaluation products, Kliskatek gives no warranty on the Products and accepts no liability other than for apparent defects under the previous clause.
If for any reason Kliskatek were liable in connection with the Products: (i) it will in no case be liable for incidental, indirect or consequential damage, loss of profit, or loss of production or earnings of the Customer or third parties; and (ii) its liability for a Product will not exceed the price paid for it, except in case of wilful misconduct.
Any statutory liability regime is excluded, including the warranty against hidden defects of the Spanish Civil Code and of Article 342 of the Spanish Commercial Code, except in case of wilful misconduct.
11. Industrial and intellectual property
Buying a Product gives the Customer no industrial or intellectual property right over it, registered or not, which remain Kliskatek's. The Customer will not register or apply for, in its own name or a third party's, any industrial or intellectual property right over the Products or their components.
12. Data protection
Kliskatek processes the data of the Customer and its contact persons to handle, ship and invoice the order, as explained in its privacy policy.
13. Force majeure
The obligation to fulfil an order is suspended in case of force majeure (including problems with production, transport or shipping, strikes or stoppages, war, shortage of raw materials or components, or acts of authority), and Kliskatek may postpone delivery while it lasts, for up to four months. If it lasts longer, Kliskatek may terminate the sale, with no obligation other than refunding what the Customer paid for that order.
14. Partial invalidity, waiver and entire agreement
If a clause is declared invalid, it will be removed or replaced by one with the closest possible technical and economic effect, without affecting the rest. Kliskatek not enforcing a right at a given time does not mean it waives it. These Terms, together with the confirmed quotation or pro forma invoice, contain the entire agreement between the parties on the sale of the Products and replace any earlier agreement, written or oral.
15. Governing law and jurisdiction
These Terms are governed by Spanish law, in particular the Spanish Commercial Code, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980).
The parties, waiving any other jurisdiction, submit to the courts of Donostia / San Sebastián (Gipuzkoa), Spain, for any dispute about these Terms, including non-contractual obligations arising from or related to them.
16. Languages
These Terms are published in Spanish, English, Basque and Chinese. If the versions differ, the Spanish version prevails.