Advantech Europe B.V., a subsidiary of Advantech Co., Ltd., provides via its IoTMart to Customers the possibility to purchase online Products and Services in accordance with these Terms and Conditions. When you visit the IoTMart and wish to purchase Products or Services, you must confirm that you have read, understood and agreed to accept the contents of these Terms and Conditions. These Terms and Conditions will apply to all sales of products and services via the IoTMart.

The IoTMart focuses primarily on professional customers. If you are a consumer and order Products and Services in the IoTMart you may not qualify for protection as consumer under applicable laws.

If you are a minor, you should use or continue to use the IoTMart only after your parents (or guardians) have read, understood and agreed to the contents of these Terms and Conditions. When you use or continue to use the IoTMart, Advantech may assume that your parents (or guardians) have accepted the contents of these Terms and Conditions.

Advantech has the right to modify or change the content of these Terms and Conditions at any time, and you are advised to regularly check the IoTMart for such modifications or changes. When you continue to use the IoTMart after any modification or change, you are deemed to have read, understood and agreed to accept such modification or change. The version of these Terms and Conditions accepted by you upon placing an Order by pressing the acceptation button in the IoTMart will remain applicable to that Order.

If you do not agree with the content of these Terms and Conditions, or if your country or region excludes all or part of the content of these Terms and Conditions, you are asked to leave the IoTMart.

When using the IoTMart, you may link to websites operated by other operators, but this does not mean that Advantech has any relationship with these operators; the websites operated by other operators are the responsibility of that operator and are not under the control and responsibility of Advantech.

In these Terms and Conditions the following definitions are used:

1. Advantech: The limited liability company Advantech Europe B.V. with its headquarters in Science Park Eindhoven 5708, 5692 ER Son en Breugel, the Netherlands, registered with the Business Register of the Chambers of Commerce under nr. 24284472, VAT number NL806976809B01.
2. Contract: Any electronical agreement that is concluded through the IoTMart process between Advantech and the Customer after Advantech has confirmed the Order via an Order Confirmation.
3. Customer: Professional customer or consumer on whose account the Products or Services are ordered and delivered by Advantech.
4. IoTMart: The web-based store operated by Advantech Europe B.V. with the URL address: http://iotmart.com/en-eu.
5. Offer(s): All offers/quotations done by Advantech in the IoTMart.
6. Orders: Orders for Products or Services placed by completing the IoTMart order process in the shopping cart menu, pressing the acceptation button to confirm acceptance of the Terms and Conditions, and pressing the button in the shopping cart menu for sending the order to Advantech.
7. Order Confirmation: The digital confirmation by e-mail or other electronic means of any Order by Advantech, always subject to availability of the ordered Products or Services.
8. Parties: Both Advantech and the Customer.
9. Product(s): All hardware and software that Advantech offers to Customers in the IoTMart.
10. Services: The solutions and services that Advantech offers to Customers in the IoTMart.
11. Terms and Conditions: These Advantech terms and conditions and any and all amendments and revisions thereof.

1. These Terms and Conditions apply to all Offers and Orders via the IoTMart. By pressing the acceptation button in the IoTMart you confirm your acceptance of the Terms and Conditions, and these terms and Conditions will govern the legal relationship between the Parties.
2. You are advised to save these Terms and Conditions for later perusal and download a PDF of the Terms and Conditions for that purpose.
3. None of the Terms and Conditions shall be considered waived or altered unless such waiver or alteration is expressly agreed in writing by both Parties.
4. Each term or condition in these Terms and Conditions shall be treated as a separate term or condition and shall be separately enforceable as such and the non-enforceability of any term or condition shall not prejudice the enforceability of any other term or condition in the Terms and Conditions.
5. In the event a term or condition in these Terms and Conditions should prove void or unenforceable, such term and condition will be replaced by a valid term or condition as much as possible similar to the void or unenforceable term of condition.
6. When Advantech refers to other conflicting terms and conditions in its documents and communication, these Terms and Conditions will prevail unless explicitly otherwise agreed.

1. Advantech will inform Customer about the content of the Contract and these Terms and Conditions in the IoTMart order process in an electronic way before Customer accepts the Offer. The Order Confirmation will reflect the content of the Contract. Customer is advised to save the Order Confirmation.
2. Advantech will provide at least the following information in the IoTMart:
   • The most important characteristics of the Products or Services.
   • Relevant product certifications and compliance standards.
   • The price and all taxes.
   • Import duties.
   • Estimated delivery times and delivery place.
   • The way of delivery and payment.
   • Shipping costs.
   • The address where the Customer can file complaints.
3. All general information which Advantech offers through the IoTMart and brochures or following a request through a digital information form, via a chat box or in any other verbal or written way, about its Products or Services, shall not be binding between Advantech and Customer unless confirmed in the Offer Form.

1. Advantech will inform Customer about the content of the Contract and these Terms and Conditions in the IoTMart order process in an electronic way before Customer accepts the Offer. The Order Confirmation will reflect the content of the Contract. Customer is advised to save the Order Confirmation.
2. Advantech will provide at least the following information in the IoTMart:
   • The most important characteristics of the Products or Services.
   • Relevant product certifications and compliance standards.
   • The price and all taxes.
   • Import duties.
   • Estimated delivery times and delivery place.
   • The way of delivery and payment.
   • Shipping costs.
   • The address where the Customer can file complaints.
3. All general information which Advantech offers through the IoTMart and brochures or following a request through a digital information form, via a chat box or in any other verbal or written way, about its Products or Services, shall not be binding between Advantech and Customer unless confirmed in the Offer Form.

1. Offers are always free and non-binding and subject to availability and can be withdrawn until confirmed by the Order Confirmation.
2. Documentation about the specifications of Products and Services is made available to the Customer electronically through publication on the IoTMart. The Customer acknowledges and agrees that it has consulted this documentation by the time of placing an Order and that it understands and accepts it.
3. Unless otherwise agreed in writing, Advantech will never be bound to do more than deliver/make available Products or Services in accordance with its own specifications contained in its documentation. Advice given by Advantech (verbally, through a chat box or otherwise) – including if Advantech gives advice on how to use its Products or Services – is not intended, under any circumstances to make Advantech bound by specifications other than those found in the documentation about the Products and Services.
4. Advantech accepts no liability for the suitability for any particular purpose of the Products and Services in the IoTMart, except where the suitability of a Product or Service for a specific purpose explicitly appears from the documentation meant in Article 4.2. In the event of questions about the purpose of Products and Services, the Customer is encouraged to contact Advantech before placing an Order.

1. An Order is considered placed once the Customer has gone through the entire IoTMart order process in the shopping cart menu, has pressed the acceptation button to confirm acceptance of the Terms and Conditions, and has pressed the button in the shopping cart menu which shall send the Offer Form to Advantech.
2. Advantech will accept Orders subject to availability of the ordered Products or Services, as evidenced by the Order Confirmation. Advantech is only bound to the Order and a Contract is only deemed concluded once Advantech has accepted the Order by sending the Order Confirmation.
3. If the Order Confirmation does not correspond with the data on the Offer Form about the ordered Products or Services, prices, delivery time, delivery address or other important data, the Customer shall notify Advantech within 24 hours after the Order Confirmation was sent. Advantech shall only adjust the Order if the adjustments are due to its own mistakes.

1. Electronic communication will be considered received on the day of dispatch, unless the contrary is proven by the receiver. If the communication is not received as a result of delivery and entry problems in relation with the e-mailbox of the receiver, then this will be at the risk of the receiver.
2. Advantech will not retain chat records unless specifically required for customer service purposes or agreed upon with the Customer.
3. Advantech recommends Customers to check their spam or junk email folders to ensure receipt of important communications.

1. The Customer declares to have read the privacy declaration of Advantech and agrees with the described processing of any personal data. URL https://www.advantech.com/en/legal/privacy
2. The Customer is aware that the personal data of the Customer are processed, including its activities on the IoTMart such as the visited pages, the time that spent on each page, the internet address from the website from where the Customer has been brought to the IoTMart and the Products or Services that Customer has ordered. Advantech collects this data in a data bank that is used for the execution of the Contract, which implies also the improvement of the service to the Customer as well as for providing more suitable information about special offers for the Customer.
3. Advantech will process personal data always in compliance with the EU General Data Protection Regulation and other applicable data protection rules. For your rights as data subject, you are referred to the privacy declaration of Advantech that you can access via the link in Article 7.1.

1. Unless expressly stated otherwise by Advantech, the prices quoted in the IoTMart:
   • are based on Advantech’s price lists that are valid at the time the Order is placed in the IoTMart.
   • are based on the conditions of delivery as mentioned in the IoTMart.
   • exclude transportation costs, unless otherwise indicated.
   • exclude VAT, import/export duties and other taxes, levies and duties, unless otherwise indicated.
2. Advantech may alter the prices mentioned in the IoTMart without advance notice.
3. Orders via IoTMart, generated via http://iotmart.com/en-eu, require payment in advance via one of the payment options provided in the IoTMart.
4. All payments must be made in full and without deductions for charges incurred. Discount deductions will not be accepted. The Customer cannot use rights of set-off or suspension of performance to pay under any circumstances.
5. Advantech retains title to ordered Products until full payment of the price has been received.
6. In the event Services are purchased on a subscription bases, Advantech is entitled to interrupt or end delivery of the Services in the event of late payment of the subscription price.
7. In case of refunds, any amounts paid by the Customer to Advantech will be refunded using the same payment method used by the Customer to make the purchase. Refunds will be processed in the time and manner provided by the operator of that payment method. If the payment was made by bank transfer, it will be the Customer's responsibility to promptly provide the bank details on which to obtain the refund to Advantech’s customer service at: aeu.service.iotmart@advantech.com

1. Products purchased in the IoTMart are delivered to the shipping address indicated by the Customer in the Order Form by the courier service provided by Advantech. In this regard, Advantech ships products throughout the territory of Europe.
2. An estimate of the delivery time for each Product will be reported in the IoTMart. Following shipment, the Customer will receive a confirmation email from the courier in charge, indicating the estimated delivery date.
3. Product shipments are made by the roadside only.
4. Upon delivery of the Products, the Customer is required to check that the packaging is intact and without any signs of damage, tampering, or alteration. If this check is not successful, the Customer must immediately complain about the damage, tampering, or alteration to the courier, refusing the product or accepting it with written notice on the transport document. In addition, the Customer must promptly inform Advantech of the incident by contacting Advantech’s customer service at telephone 00800 2426 8080 or email: aeu.service.iotmart@advantech.com.
5. In case of non-delivery of the Products due to the absence of the Customer during the attempts provided by the procedure applied by the courier, the courier will keep the products at its warehouse until their collection by the Customer and, in any case, within the period indicated in the notice of attempted delivery left to the Customer. If the Products are not collected within this period, the courier will return the products to Advantech.
6. In the event of force majeure, fortuitous events, and events beyond Advantech's control, such as strikes, floods, earthquakes, epidemics, or measures by national or local authorities, the date of delivery of the order may be postponed by providing appropriate notice by e-mail to the Customer. In such case, Advantech shall not be held liable for any delays in the delivery of the Order resulting from the events referred to in this article.

1. The Customer has the right to withdraw from the Contract within 14 (fourteen) days, even without reasons. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party designated by the Customer, other than the carrier, acquires physical possession of the purchased Products. If the Customer has purchased multiple products in a single Order, the withdrawal period shall expire after 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last of the Products purchased.
2. The right of withdrawal may not be exercised for Products made to measure and/or customized specifically for the Customer.
3. To exercise the right of withdrawal, the Customer must clearly state its intention to withdraw from the Contract, informing Advantech. To this end, the Customer may make use of the withdrawal form available in the IoTMart, to be completed and sent to Advantech's Customer Service by e-mail, to aeu.service.iotmart@advantech.com.
4. To comply with the withdrawal period, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal, before the expiration of the withdrawal period referred to in Article 10.1 above. Upon receipt of the above, Advantech will promptly send the Customer a return merchandise authorization by e-mail, which is necessary for the proper return of the Products to Advantech. The Customer is responsible for arranging shipment of the Products to Advantech.
5. In case of withdrawal, Advantech will fully refund the Customer only the price of the returned Products. Shipping costs for the return of the Products will be borne by the Customer.
6. In case of exercise of the right of withdrawal, the Customer is required to return to Advantech the Products purchased within a period of 14 (fourteen) days, starting from the day on which he/she communicated to Advantech his decision to withdraw from the Contract. For the purpose of returning the Products, the Customer will have the option of using the courier service chosen by Advantech. In this case, the Customer will not have to make the payment of the costs of the return himself/herself, as Advantech will pay them on behalf of the Customer, withholding them from the refund due to the Customer. If the Customer avails of this service, he/she must indicate this in the form referred to in Article 10.3 above, through which he/she declares to Advantech his/her intention to withdraw from the Contract and will then be required to book the date of collection or select a collection point from those made available by the courier. If, on the other hand, the Customer engages another courier company than the one indicated by Advantech, the Customer shall bear the relevant shipping costs directly. In this case, the Customer must also carefully select the forwarding agent, taking into account the nature of the products to be returned and the reliability and professionalism of the courier itself. Any damage that may be caused to the Products prior to their return to Advantech will be borne by the Customer.
7. Upon return, the Products will be analyzed to assess any damage. Advantech will refund the Customer the amounts indicated in Article 10.6 above, without undue delay and in any case no later than 14 (fourteen) days from the day Advantech received the Products from the Customer. Said refunds will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer agrees with Advantech on a different method, in accordance with the provisions of Article 8.7 above.
8. The Customer must return the goods without having used them, in an intact state of preservation and without having removed original labels. Each product to be returned must be properly placed inside the original packaging, i.e., the packaging in which it was delivered by Advantech. If the Customer no longer has the original packaging or the original packaging is in an unsuitable condition to support further shipment because it has deteriorated, the Customer is required to provide equal or superior packaging suitable to support the return of the product to Advantech and adequately protect it. Product packaging must be accurate to safeguard the original wrappings and the product itself from damage, affixing of writing or labels during shipment. If these conditions are not met, Advantech will return the products to the Customer at the Customer's expense.
9. For the purpose of returning the Products to Advantech, the Customer is required to print the withdrawal form previously filled out and sent to Advantech's Customer Service. This form must then be placed inside the packaging of the Products, so that the return of the same to Advantech is successful. Should the Customer have any doubts about the procedure to be followed for the exercise of the right of withdrawal, he/she may contact Advantech’s Customer Service, telephone 00800 2426 8080 or email aeu.service.iotmart@advantech.com, to receive all necessary clarifications.
10. In case the right of withdrawal is exercised in relation to Services, Advantech shall discontinue the Services within 24 hours after receipt of the communication regarding the exercise of the right of withdrawal.

1. Advantech warrants that its Products have no defects in materials and workmanship.
2. For its Products, Advantech employs a standard warranty period of 2 years, starting from the delivery date.
3. Advantech shall, within the above-mentioned warranty period, remedy defective Products at its discretion as follows:
   • Deliver any item (or part of an item) which is missing at no extra cost; or
   • Implement remedial action at no extra cost, which implies that the parts will be replaced or repaired, at the discretion of Advantech. The recalled parts will become the property of Advantech; or
   • Reimburse the purchase price paid.
4. If Advantech acts within a reasonable time after the Customer has made the complaint, Advantech’s obligations under the Contract shall be deemed to have been fulfilled correctly, and the Customer shall not be entitled to compensation. If Advantech decides to reimburse the purchase price, this shall constitute the termination of the agreement.
5. All non-Advantech products will be covered by the third-party manufacturers’ warranty and shall not exceed one year of coverage through Advantech. After one year, Advantech does not take responsibility for warranty or repair for third-party non-Advantech products. The Customer may contact third-party manufacturers for warranty service and provide model numbers and serial numbers of the third-party item. Third-party items may include, but are not limited to, CPUs, RAM, Hard Drives, Floppy Drives, CD-ROMs, Ethernet Cards, Non-Advantech Video cards, etc.
6. Warranties shall not apply to defects of Products resulting from:
   • Improper or inadequate maintenance
   • Unauthorized disassembly, modification, or misuse
   • Operation outside the environmental specifications of the Product
   • Improper site preparation and maintenance
   • Improper storage or handling
   • Third-party supplied software, hardware, or interfacing
7. All warranty is voided if Advantech’s warranty label or serial number is removed, illegible, or missing.

1. Advantech’s liability is limited, regardless of the nature thereof, to a maximum of the agreed price for the Product or Service in question (excluding VAT). This limitation is not applicable in the case of Product Liability as mentioned in the Dutch Civil Code that protects private parties from deficient Products against the following damage: death, personal injury or damage to their property when the Product is used in private.
2. For avoidance of doubt, Advantech shall not be liable for any incidental or punitive loss or consequential loss, including but not limited to: indirect or direct loss of profits, anticipated profit, loss of business or business interruption, loss of revenue or turnover, loss of production or other economic advantage, goodwill, contracts, opportunity or loss of or corruption of data or for any consequential loss or damage; whatsoever and howsoever arising and irrespective of the cause of such loss or damage, including amongst other things where such loss or damage is caused by or contributed to by the negligence on the part of the Customer.
3. Advantech will not be liable in any way for free consultancy about its Products or Services given by Advantech on toll-free numbers, in chat boxes, or by e-mail.
4. The limitations of liability as mentioned in this article also apply to defaults in the performance of repairing shortcomings in the Products.
5. Advantech is not liable for damage arising as a result of normal wear and tear of the Products it has supplied.
6. Advantech is not liable in the event of a shortcoming due to force majeure, such as but not limited to war, riots and/or clashes, weather conditions, floods, closed shipping traffic, other transport congestion, stagnation in, or otherwise limitation or ceasing of the supply by public utilities companies, shortage of products for generating energy, fire, machine defect and other accidents, strikes/work stoppage, lock-outs, union actions, export customs limitations or difficulties, other state-imposed measures, non-delivery or wrong delivery of necessary (raw) materials and semi-manufactures by third parties, shortages in materials, or shortages in certain doses or quantities of raw materials, intent or gross fault of assistants, illness of employees of Advantech, and other similar circumstances which will be considered as non-imputable to Advantech.

1. The intellectual property rights with regard to Products, documentation specified in Article 4, and other documents supplied by Advantech to the Customer rest solely with Advantech. The Customer agrees that Advantech owns all rights, title, and interest in the Products and in all of Advantech’s patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets relating to the design, manufacture, sale, operation, or service of the Products and the Services. Nothing contained in this agreement shall grant to the Customer any right, title, or interest in Advantech’s intellectual property rights. At no time during or after the term of this agreement shall the Customer challenge or assist others to challenge Advantech’s intellectual property rights or the registration thereof or attempt to register any intellectual property rights similar to those of Advantech.
2. If Advantech sells software or Products containing software – or otherwise makes software available – it is acknowledged and agreed between the Parties that despite the use of words such as “buy” or “sell”, a license is merely being granted for this software, and that the intellectual property of the software is not being sold. This license is non-exclusive, non-transferable, and the software shall be used in unchanged form only for the purpose for which they are offered by Advantech. The licensed software is for internal use only by the Customer and, unless otherwise agreed, only for use on one computer. If Advantech, for its part, has obtained a sub-license for the software from a third party, it is acknowledged and agreed between the Parties that only the third party is the owner of the software and can realize rights of ownership regarding it.
3. The Customer is not permitted to remove or modify any notice in relation to copyright, brand names, trade names, or other intellectual or industrial property rights from the software or from movable goods supplied.
4. Advantech is entitled to adopt technical measures to protect the Products and software it is going to provide.
5. The Customer is not allowed, without the prior written consent of Advantech, to dismantle or decompile, reverse engineer, copy, translate, adapt, introduce variations to, or modify all or part of the software supplied by Advantech, except where permission is granted as a result of the applicable license terms and conditions or in accordance with Dutch law. The Customer is not allowed to remove or go around safety measures or technical limitations of the software. The Customer is, however, allowed to make a backup that is identical to the original as long as it has the same identifications of the rightful owner of the intellectual property rights and warnings of confidentiality.
6. If Advantech supplies drivers to enable the correct operation of hardware Products, and problems arise in relation to the operation of these drivers, the onus is on the Customer to prove that the driver is faulty.
7. If the Customer manufactures applications itself with the help of a software package to be supplied by Advantech, the Customer becomes the owner of these applications. If the applications manufactured by the Customer do not work properly, and it is the Customer’s opinion that this is the result of a fault in the software supplied by Advantech, the onus is on the Customer to prove that this is the case.

1. Advantech gives as much attention as possible to the reliability of the data on its website. However, incorrectness or incompleteness of this data could occur, and Advantech cannot be held liable for damages as a result of this, nor for the damages that will result from problems caused by the distribution of the information through the internet, such as through a breakdown, interruption, mistake, or delay in the provision of information or services by Advantech through the internet or any other electronic means.
2. Advantech will neither accept liability for damage that will be suffered as a result of the use of data, advice, or ideas supplied by or in the name of Advantech through its website.
3. Advantech accepts no responsibility for the content of websites to which it refers on its websites, whether or not through a hyperlink.

1. Advantech especially warrants that all Products will comply with all applicable laws in the EU and with all national laws in the member states based on the directives on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS) and the Directive on waste electrical and electronic equipment (WEEE) in the different member states of the EU.
2. Advantech’s “ROHS and WEEE Policies” are to be found on the IoTMart and will be sent to the Customer upon its request.

1. Dutch law applies to all Contracts concluded by Advantech to which these Terms and Conditions apply. The application of the CISG treaty (1980) is excluded.
2. All disputes arising between Advantech and the Customer, and to which these general Terms and Conditions apply, will, unless prevented by imperative terms of law, be settled by the Court in Breda, the Netherlands, without prejudice to Advantech’s right to bring legal proceedings against the Customer before an otherwise competent court.