Terms of Service

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) – Interactive equipment (touchscreens) & related services

Last Updated : 01.01.2026

1. Identité du vendeur – Contact

Société : Arckipel OÜ

Adresse : Luise 4, 10142 Tallinn

Registre / n° d’immatriculation : 14678438

N° TVA : EE102146943

To contact us, use exclusively our contact form here: Contact

Article 1 – Scope of Application

1.1. These general terms and conditions of sale (the “GTCS”) apply to all sales of interactive touchscreen equipment (the “Equipment”) and, where applicable, related services, supplied by Arckipel OÜ (“Arckipel”) to the customer (the “Customer”).

1.2. The GTCS are available on Arckipel’s website and/or may be provided upon request. They are intended to govern any order placed with Arckipel, except for any specific terms agreed in accordance with Article 3.

1.3. Any order implies that the Customer has read and unreservedly accepts the GTCS. Accordingly, the Customer expressly waives the application of its own general terms and conditions, unless Arckipel has given its prior written consent.

1.4. Any derogation from the GTCS must be expressly accepted in writing by Arckipel and shall, in such case, have only a single and isolated effect, without creating any practice or custom.

1.5. These GTCS apply exclusively to sales made to professional customers (B2B).

Article 2 – Definitions

For the purposes of these GTCS:

“Quotation” means a commercial document issued by Arckipel describing the scope, price, indicative timelines and specific terms.

“Purchase Order” means a document issued by the Customer accepting an offer/Quotation.

“Order” means the Customer’s commitment formed in accordance with Article 3.

“SaaS” means the SaaS and, where applicable, the integrated Equipment and related components as described in the Specific Terms.

“Maintenance Services” means the support and maintenance services described in Article 9 and/or the Specific Terms, which may include (depending on scope) incident intake, first-level diagnosis, remote corrective actions, warranty/RMA coordination and, where applicable, on-site intervention planning.

“System”, hosted by or for Arckipel and accessed via the Internet.

“Subscription Service” means the Customer’s right to access and use the SaaS during the subscription term, limited to the features and user seats set out in the Specific Terms. The SaaS may only be used by the Customer’s authorised employees and contractors and may not be sublicensed or made available to third parties without Arckipel’s prior written consent.

“Hardware-Maintenance Linkage” means that where the Subscription Service is used in conjunction with Arckipel-supplied kiosks or other hardware, continuous maintenance is included only for as long as the Subscription Service remains active and fully paid, as further set out in the Specific Terms.

Article 3 – Contractual Documents, Order Formation, Priority

3.1. Arckipel’s supplies and services are strictly limited to those specified:

(i) in the specific terms set out in the Quotation, in the offer issued by Arckipel and/or in the Purchase Order; and/or

(ii) in any written document accepted by Arckipel (including by email).

3.2. Order formation. Any Order submitted to Arckipel must result:

a) either from a written Quotation issued by Arckipel and accepted in writing by the Customer (signature, acceptance email, Purchase Order);

b) or from a Purchase Order issued by the Customer and confirmed in writing by Arckipel.

No order submitted by any other means shall bind Arckipel unless expressly confirmed in writing by Arckipel.

3.3. Priority of documents. In the event of any inconsistency:

(1) specific terms (Quotation/Purchase Order/written agreement); then

(2) these GTCS.

3.4. Any Order accepted in this way is firm and irrevocable for the Customer.

3.5. Any additional service not included in the initial Order must be the subject of a separate order and will be invoiced in addition.

Article 4 – Cancellation

4.1. In the event of cancellation attributable to the Customer, Arckipel may invoice: (i) the actually incurred and non-recoverable costs (supplier order, transport, preparation), and (ii) an additional lump-sum cancellation fee capped at 30% of the net (excl. VAT) amount, only where Arckipel has already committed to the production/purchase of the Equipment or to non-cancellable services, which Arckipel shall substantiate upon request.

4.2. Where a force majeure event within the meaning of Article 12 is duly established, cancellation shall only give rise to reimbursement by the Customer of the costs actually incurred by Arckipel as of the date of the notice of cancellation, upon presentation of supporting documentation.

Article 5 – Lead Times, Delivery, Transport, Insurance

5.1. Delivery lead times are indicative, unless expressly agreed otherwise in the specific terms.

5.2. Unless otherwise agreed in the specific terms, a delay may not justify cancellation or damages unless it is material, attributable to Arckipel, and following a formal notice to remedy that remains without effect within a reasonable period.

5.3. In any event, lead times shall not commence until the Customer has provided Arckipel with all information and documents necessary to perform the Order.

5.4. Delivery and transport arrangements, and where applicable the related costs and logistical conditions, are specified in the Quotation (or in the specific terms).

Article 6 – Transfer of Risk and Retention of Title

6.1. Transfer of risk

a) Where transport is arranged by Arckipel (directly or via a carrier appointed by Arckipel), the risks of loss, theft or damage to the Equipment are transferred to the Customer at the time of delivery to the location indicated in the specific terms:

– after unloading, where unloading is included in the services set out in the Quotation; or

– when made available at the delivery point, where unloading is not included (in which case the Customer bears the unloading operations and the related risks).

b) Where transport is arranged by the Customer (or by a carrier appointed by the Customer), the risks are transferred when the Equipment is handed over to the carrier at the departure point (Arckipel’s premises or the shipping point).

c) Reservations upon delivery. Without prejudice to Article 7 regarding acceptance and apparent defects, the Customer undertakes, where applicable, to make all appropriate reservations with the carrier at the time of delivery and to notify Arckipel within the applicable time limits.

6.2. Retention of title

Title to the goods sold by Arckipel shall transfer to the Customer only after full payment of the price (principal, accessories, interest and any costs). Until full payment, the Customer is prohibited from selling, assigning, pledging, granting security over, transforming or, more generally, impairing by any legal or factual act Arckipel’s title to the Equipment.

Article 7 – Acceptance, Inspection, Claims (Apparent Defects)

7.1. The Customer shall inspect the apparent condition of the goods upon delivery and, in the event of damage or shortage related to transport, immediately make all appropriate reservations with the carrier.

7.2. The Customer shall notify Arckipel in writing of any claim relating to an apparent defect or an apparent non-conformity within forty-eight (48) business hours following delivery. Failing this, delivery shall be deemed accepted without reservation as regards apparent defects.

7.3. Until expiry of this period, the Customer remains the custodian of the goods and bears all risks of loss, theft or deterioration.

Article 8 – Warranty and Assistance

8.1. Depending on the models, the Equipment benefits from the manufacturer’s warranty, the duration and terms of which are specified in the relevant documentation and/or in the specific terms.

8.2. Warranty assistance. During the manufacturer’s warranty period, Arckipel shall provide reasonable assistance to the Customer for opening and following up warranty claims (first-level diagnosis, information collection, logistics coordination), provided that the Customer cooperates and supplies the requested elements.

8.3. Exclusions. The following are excluded from the warranty and/or may be invoiced: damage resulting from abnormal or non-compliant use, breakage, vandalism, power surge, non-compliant environment, unauthorized intervention or modification, integration carried out without Arckipel’s written validation, or failure to comply with installation prerequisites.

8.4. Replacement, repair or return (RMA) procedures, as well as the associated indicative timeframes, depend on the manufacturer and/or the specific terms.

Article 9 – Maintenance (SaaS/Options)

9.1. Basic support (included). Regardless of any SaaS subscription, Arckipel provides the Customer with a support contact point (email address or portal) enabling: (i) receipt and tracking of reports, (ii) first-level remote diagnosis, and (iii) assistance in opening and following up manufacturer warranty claims in accordance with Article 8. Consumables and operations not covered by the manufacturer’s warranty remain at the Customer’s expense.

9.2. Continuous maintenance during an active SaaS subscription (scope). Unless otherwise stated in the Specific Terms, the initial subscription term of the SaaS is twelve (12) months. Where the Customer holds an active subscription to Arckipel’s SaaS solution, Arckipel provides continuous maintenance of the Equipment for the duration of the subscription, within the scope defined by these GTCS and/or the Specific Terms. Continuous maintenance includes, as a minimum: incident handling, first-level remote diagnosis, reasonable remote corrective actions where feasible, coordination of warranty/RMA procedures in accordance with Article 8, and, where reasonably necessary, the planning and performance of an on-site intervention (or the arrangement of an on-site intervention) to restore the proper operation of the Equipment. On-site interventions are carried out as promptly as reasonably possible, taking into account in particular the severity of the incident, availability of parts, logistical constraints, and site accessibility. Unless otherwise stated in the Specific Terms, such timelines constitute service targets and do not constitute a fixed deadline or a guaranteed response time. Services exceeding the maintenance scope (including, in particular, full replacement of Equipment outside warranty, damage resulting from abnormal use, breakage, vandalism, or unauthorized modifications) may be subject to a separate quotation in accordance with these GTCS and/or the Specific Terms.

9.3. Suspension / termination. In the event of suspension or termination of the SaaS subscription (or maintenance agreement), Arckipel is no longer obliged to provide the maintenance services referred to in Article 9.2. Basic support (Article 9.1) and warranty assistance (Article 8) remain applicable within the limits set out in these GTCS and/or under the manufacturer’s warranty. Any intervention requested after the end of the subscription or maintenance agreement is subject to a written request from the Customer and a specific quotation at the rates then in force.

9.4. Support process, initial response time, and intervention planning targets.In the event of a malfunction, the Customer shall notify Arckipel without delay via the support address or the dedicated portal. Arckipel will acknowledge receipt and provide initial feedback (preliminary diagnosis or request for additional information) within a maximum of twenty-four (24) business hours from notification. Business hours are 9:00 a.m. to 6:00 p.m., Monday to Friday, excluding Estonian public holidays; any notification received outside these hours is deemed received at the opening of the next business day.

Where an on-site intervention and/or replacement of components is reasonably required, Arckipel will, as a service target, propose an intervention plan (including scheduling options and an estimated timeline) within seventy-two (72) business hours after (i) receipt of the Customer’s complete information reasonably requested by Arckipel and (ii) confirmation that the incident falls within the applicable maintenance scope. The actual execution timeline depends on incident severity, availability of parts, logistics, and site access, and therefore does not constitute a fixed deadline or a guarantee of on-site presence within seventy-two (72) hours. Arckipel will use reasonable efforts to carry out the intervention as soon as practicable.

9.5. Exclusions and suspension for Customer breach. Operations required due to abnormal or non-compliant use of the Equipment, breakage, unauthorized modification, or failure to comply with installation prerequisites are not covered by advanced maintenance and are subject to a specific quotation. Failure by the Customer to comply with its obligations, including payment obligations, may automatically suspend the advanced maintenance services without penalty to Arckipel until the situation is remedied.

9.6. Spare parts and equivalents. Where a failure requires replacement of an Equipment component, Arckipel will endeavor to supply an identical part. However, if that part is unavailable, obsolete, or no longer manufactured, Arckipel may supply a functionally equivalent replacement part even if it differs in appearance, size or brand. The Customer acknowledges that such replacement does not, by itself, constitute non-conformity nor entitle the Customer to any refund or compensation.

9.7. Arckipel may deploy updates or perform maintenance with reasonable notice. Planned maintenance windows will be communicated by email at least forty-eight (48) hours in advance, except where an emergency patch or urgent security measure is required.

Article 10 – Prices, Invoicing, Payment

10.1. Unless otherwise provided in the specific terms, the applicable currency is EUR. Arckipel reserves the right to modify its prices at any time.

10.2. Unless otherwise provided, all Arckipel invoices are payable upon receipt within the payment term stated on the invoice. Payment must be made at Arckipel’s registered office. All costs of any kind, directly or indirectly related to payment of Arckipel invoices (or their collection), are borne by the Customer.

10.3. Payment method. Payment shall be made by bank transfer.

SaaS Invoicing and Payment. Unless otherwise stated in the Specific Terms, SaaS invoices are issued monthly and payable within seven (7) business days from the invoice date by bank transfer.

Suspension for Late Payment (SaaS). If payment is not received within such period, any hardware maintenance linked to the Subscription Service may be suspended until full settlement. If the invoice remains unpaid more than thirty (30) days after the invoice date, Arckipel may suspend access to the SaaS and/or terminate the subscription in accordance with the termination provisions.

10.4. Advance payment for the Equipment. Unless otherwise agreed in the specific terms, the Equipment is subject to payment of up to 100% prior to shipment and/or prior to placing the supplier order, as applicable.

10.5. Late payment. If payment is not made by the due date, Arckipel may send a reminder. If payment is not made within twenty (20) days following that reminder, late-payment interest will be due as of right, calculated daily until full payment, at the rate applicable to commercial transactions in accordance with the applicable regulations. In accordance with the applicable regulations, a fixed compensation of forty euros (40 EUR) may be claimed to cover collection costs.

10.6. Non-payment of an invoice on its due date constitutes a material breach and allows Arckipel in particular:

– to suspend any other Order and/or any ongoing contractual relationship;

– to be released from any delivery timeframe for the remaining Equipment to be supplied.

Arckipel may invoke a right of withholding (exceptio non adimpleti contractus) in the event of serious and legitimate concerns regarding the Customer’s insolvency, even if the payment obligation has not yet fallen due.

10.7. Any claim relating to an invoice must be communicated in writing to Arckipel within fifteen (10) calendar days of the invoice date, failing which it shall be irrevocably deemed accepted without reservation. Filing a claim never entitles the Customer to withhold payment obligations.

Article 11 – Liability

Arckipel’s liability for any non-performance or damage is limited to the total amount invoiced under the relevant Order. In no event shall Arckipel be liable for indirect damages, loss of business, or intangible losses suffered by the Customer or third parties. The Customer remains responsible for the final use of the delivered systems, in particular vis-à-vis users or third-party agents. Arckipel supplies equipment and software “as is”, in accordance with the technical specifications communicated. This limitation does not apply in the event of fraud or gross negligence, bodily injury, a proven infringement of a third party’s intellectual property rights, or mandatory statutory obligations.

Article 12 – Force Majeure

In the event of force majeure, fortuitous event or act of government, Arckipel has the right either to cancel the Order or to suspend its performance, without the Customer being entitled to any compensation whatsoever. Force majeure includes new circumstances that disrupt the economic balance of the Order and make its performance significantly more onerous for Arckipel.

Article 13 – Prohibition of Assignment

The Customer may not assign its rights and obligations arising from an Order concluded with Arckipel without Arckipel’s prior written consent.

Article 14 – Waiver

Failure by Arckipel to exercise one or more of its rights under these GTCS shall never be deemed a waiver. Arckipel shall never be presumed to have waived a right unless it has expressly waived it in writing. Waiver of a remedy or right does not imply waiver of any other right.

Article 15 – Severability

The invalidity of any clause of these GTCS shall not invalidate the GTCS as a whole. The invalid clause shall be deemed unwritten only to the extent of its unlawfulness, and the parties undertake to replace it, where applicable, with an economically equivalent clause.

Article 16 – Joint and Several Liability

Where there are multiple Customers for the same Order, they undertake to be jointly and severally liable vis-à-vis Arckipel for full performance of their obligations.

Article 17 – Confidentiality

Each party undertakes to keep confidential all commercial, technical or organizational information exchanged in the course of performing the Order. This obligation shall survive for three (3) years after expiry or termination of the relationship.

Article 18 – Intellectual Property Rights

All intellectual property rights relating to embedded software, firmware, diagrams, designs and documentation remain the exclusive property of Arckipel. The Customer is granted a non-exclusive, non-transferable and revocable license limited to internal use of the Equipment.

Any reproduction, reverse engineering, decompilation or disclosure to third parties is prohibited without Arckipel’s prior written consent.

Upon expiry or termination of the relationship, this license shall automatically terminate, without prejudice to Arckipel’s right to compensation for any unauthorized use.

Article 19 – Regulatory Compliance and Product Safety

The delivered Equipment is supplied in accordance with the applicable product documentation and the warranties specified in the Specific Terms and/or manufacturer documentation. In the event of a conformity defect duly notified in writing within twelve (12) months following delivery, Arckipel undertakes, within the framework of the applicable warranties and the specific terms, to proceed, at its option, with the repair or replacement of the equipment concerned.

Any modification, integration or installation carried out by the Customer or a third party without Arckipel’s written validation results in loss of warranty and transfers full responsibility for the related risks to the Customer.

Article 20 – Data Protection (GDPR) and Accessibility

20.1. Data protection roles – DPA. To the extent Arckipel processes personal data on behalf of the Customer in connection with the SaaS and/or related services, the Customer acts as data controller and Arckipel acts as data processor within the meaning of Regulation (EU) 2016/679 (GDPR). The parties shall enter into a data processing agreement (“DPA”) where required, which shall form part of the contractual framework.

20.2. Customer responsibility for configuration and use. The Customer remains responsible for (i) determining the purposes and means of processing, (ii) configuring and using the systems in compliance with applicable laws, and (iii) providing any required notices and obtaining any required consents from end users, unless expressly agreed otherwise in the Specific Terms.

20.3. Sub-processors. Arckipel may use sub-processors to provide the services, subject to appropriate confidentiality and security obligations. Where applicable, the conditions governing sub-processors (including notification and objection rights, if any) are set out in the DPA.

20.4. Security and incident notification. Arckipel implements appropriate technical and organisational measures intended to protect personal data processed on behalf of the Customer. In the event Arckipel becomes aware of a personal data breach affecting such data, Arckipel will notify the Customer without undue delay and in accordance with the GDPR and the DPA (where applicable).

20.5. Regulatory compliance. Each party shall comply with the laws and regulations applicable to it in connection with the performance of the Order and the use of the systems. Any specific compliance, certification, accessibility or regulatory requirements requested by the Customer must be expressly agreed in the Specific Terms and may be subject to a separate quotation.

Article 21 – End-of-Life and Take-Back

In accordance with Directive 2012/19/EU on waste electrical and electronic equipment (WEEE), the Customer is responsible, at its expense, for the collection, take-back and disposal of delivered end-of-life equipment, as well as for maintaining the related regulatory records, unless mandatory law requires free take-back by the manufacturer or distributor. In that case, Arckipel will arrange take-back in accordance with the applicable regulations, at no additional cost to the Customer.

Article 22 – Governing Law, Jurisdiction, Amicable Settlement

These GTCS and the Orders are governed by Estonian law, subject to mandatory provisions applicable to public authorities and/or public procurement.

In the event of a dispute relating to the interpretation, validity or performance of the GTCS and/or an Order, the parties shall endeavor to resolve their dispute amicably within thirty (30) days from written notice of the dispute by either party.

Failing amicable resolution, any dispute shall be submitted to the competent courts of Tallinn, Estonia. As a public authority, the Customer is nevertheless entitled to propose a prior mediation or conciliation mechanism, which Arckipel undertakes to consider in good faith.