Terms and Conditions

Version 2.1 – last updated 22 July 2026

1. Who we are

These Terms and Conditions of Sale (the “Terms”) govern orders placed through вибромера.eu (the “Website”) with:

Николай Шелковенко, sole trader (empresário em nome individual) established in Portugal, trading as вибромера Address: R. Nova da Madorninha 152, 4460-376 Senhora da Hora, Portugal NIF / VAT number: PT314539760 EORI: PT314539760 German packaging register (LUCID / VerpackG): DE4462352769937 Email: [email protected] Phone / WhatsApp: +372 5836 4849 (an international call to an Estonian mobile number; charges depend on your operator’s tariff)

References to “we”, “us” and “our” mean the trader identified above. “You” and “your” mean the customer placing an order.

2. Scope and customer categories

We sell to both business customers (“Business Customers” or “B2B”) and consumers (“Consumers” or “B2C”).

A Consumer is a natural person acting for purposes outside that person’s trade, business, craft or profession. A Business Customer is a person or organisation purchasing wholly or mainly for professional or business purposes.

If you order for business purposes, you must indicate this at checkout and provide accurate business and tax details. Supplying a VAT number is evidence of a business purchase, but it is not conclusive by itself. The actual purpose of the purchase determines whether mandatory consumer rights apply.

Mandatory rights granted to Consumers by applicable law are not excluded or reduced by these Terms.

3. Order process and formation of the contract

3.1 Ordering process

Product listings on the Website are invitations to place an order and are not binding offers by us.

To order, you select the goods, add them to the cart, enter the requested billing, delivery and payment information, and review the order summary. Before submitting the order, you can change quantities, remove products and correct the information entered using the cart and checkout controls.

The final checkout screen shows the products, quantities, delivery address, applicable taxes, shipping charges and total amount payable. By selecting the final order button, you submit a binding offer to purchase the goods and acknowledge that the order entails an obligation to pay if we accept it.

3.2 Acceptance

An automatically generated order-confirmation email only acknowledges receipt of your order. It does not by itself mean that we have accepted the order.

A contract is concluded when the first of the following occurs:

• we expressly accept your order in writing;
• we receive and retain full payment for the order; or
• we dispatch the goods.

If you select Request invoice, your checkout submission is an offer to purchase. A proforma invoice is a request for payment and is not acceptance unless it expressly says otherwise. The contract is concluded when we expressly accept the order, receive and retain full payment, or dispatch the goods, whichever occurs first.

We may decline an order before acceptance, including where goods are unavailable, the displayed price contains an obvious error, export or sanctions restrictions apply, or payment or identity verification fails. If we decline an order after receiving funds, we will refund the amount received without undue delay, using the original payment method where reasonably possible and within any period required by mandatory law.

3.3 Language and contract record

The contract is concluded in English unless another contract language is expressly indicated during checkout. We retain the order information for legal, accounting and customer-service purposes and send the essential order information to the email address you provide. You may request a copy by contacting [email protected].

These Terms are made available in a form that can be stored and reproduced. The version in force when you place the order applies to that order.

4. Prices, VAT and other taxes

Prices are stated in euro (EUR). Product pages may display a net price where VAT depends on the customer’s status and delivery destination. Before you submit an order, checkout displays the total amount payable, including applicable VAT and shipping charges.

VAT is applied according to the delivery destination, customer status and applicable tax law:

• Portugal: Portuguese VAT is charged at the applicable rate.
• Other EU Member States – Business Customers: an intra-Community supply may be VAT-exempt only if you provide a VAT number valid in VIES, the goods are dispatched to another EU Member State and all other legal conditions are met. You are responsible for accounting for VAT in the destination country where required. If the VAT number is invalid or the conditions for exemption are not met, we may charge the applicable VAT.
• Other EU Member States – Consumers: VAT is charged at the rate required under the applicable destination-country and EU distance-selling rules.
• За пределами ЕС: a supply may be treated as a VAT-exempt export where the legal requirements and export evidence are satisfied. Import VAT, customs duties, brokerage fees, clearance charges and other destination-country charges are not included and are payable by you unless checkout expressly states otherwise.

You must provide complete and accurate tax and delivery information. We may correct taxes where required by law.

5. Payment and ownership

We accept the payment methods shown at checkout, which may include:

• credit and debit cards, including Visa, Mastercard and American Express, processed by Stripe;
• PayPal; and
• SEPA or SWIFT bank transfer against a proforma invoice.

For bank transfers, goods are dispatched only after cleared funds reach our account. Charges imposed by your bank or correspondent banks are borne by you. Unless the proforma invoice states otherwise, it is valid for 30 days, after which price and availability must be reconfirmed.

Ownership of the goods remains with us until we have received full cleared payment. For Consumers, this retention of ownership does not alter the statutory rules on transfer of risk set out in clause 6.

6. Delivery, risk and customs

Shipping is normally by DHL Express. Available services and charges are shown at checkout before you place the order.

We aim to dispatch stocked goods on the next working day after payment is received. This is a target and not a guaranteed dispatch date. If dispatch is materially delayed, we will inform you without undue delay. You may agree a new date or, where permitted by the contract or applicable law, cancel the affected order and receive a refund for the undelivered goods.

For Consumers, unless another delivery period has been expressly agreed, we will deliver without undue delay and no later than 30 days after conclusion of the contract. If we fail to deliver within the agreed or statutory period, you may require delivery within an appropriate additional period. You may terminate the contract if we still fail to deliver within that period, or immediately where delivery by the agreed date was essential or we have refused to deliver. Mandatory rights that provide a more favourable remedy remain unaffected.

Carrier transit times are estimates and not guaranteed delivery dates unless we expressly agree otherwise in writing.

For Consumers, risk of loss or damage passes when you or a third party designated by you, other than the carrier, takes physical possession of the goods. If you independently appoint a carrier that we did not offer, risk passes when the goods are handed to that carrier.

For Business Customers, risk passes as stated in any agreed Incoterm. If no Incoterm is stated, risk passes when the goods are handed to the carrier.

Unless checkout or the order confirmation states otherwise, deliveries outside the EU are made DAP named destination (Incoterms 2020). We arrange carriage to the named destination; you are responsible for import formalities, import VAT, duties and clearance charges. For Business Customers, risk transfers in accordance with DAP. For Consumers, mandatory consumer risk rules prevail.

If you refuse to pay import charges or refuse delivery, and no mandatory withdrawal or other consumer right applies, we may deduct reasonable, documented costs caused by the refusal, including return freight, storage and charges imposed on us, and refund any remaining balance.

Please inspect the shipment on arrival. Promptly reporting visible transport damage to the carrier and to us helps us pursue the carrier, but failure to do so does not remove any mandatory statutory rights.

7. Legal guarantee and commercial warranty

7.1 Statutory legal guarantee of conformity

Consumers have the mandatory legal rights provided by the law applicable to their purchase. Where Portuguese consumer law applies, Decreto-Lei n.º 84/2021 provides a legal guarantee of conformity for new movable goods for three years from delivery.

A lack of conformity that becomes apparent during the first two years after delivery is presumed to have existed at delivery, unless that presumption is incompatible with the nature of the goods or the lack of conformity. After those first two years, the Consumer bears the burden of proving that the lack of conformity existed at delivery. Special mandatory rules may apply to goods with digital elements and continuous supplies of digital content or services.

In the event of a lack of conformity, the Consumer may choose repair or replacement unless the selected remedy is impossible or, compared with the alternative, would impose disproportionate costs. Repair or replacement must be provided free of charge, within a reasonable time and without serious inconvenience to the Consumer. Under Portuguese law, repair or replacement should normally be completed within 30 days unless the nature or complexity of the goods, the seriousness of the non-conformity or the work required justifies a longer period.

The Consumer may be entitled to a proportionate price reduction or termination of the contract in the circumstances established by law, including where repair or replacement is impossible, refused, not completed properly or within a reasonable time, the lack of conformity recurs, or the lack of conformity is sufficiently serious. Termination is not available where we prove that the lack of conformity is minor.

Where a lack of conformity becomes apparent within 30 days after delivery, Portuguese law allows the Consumer to request immediate replacement of the goods or termination of the contract.

To make a claim, contact [email protected] and provide the order or invoice number, product serial number where available, and a description of the problem. This information helps us assess the claim but does not impose additional conditions on mandatory rights. Goods required for statutory repair or replacement are made available at our expense, including necessary transport costs.

The applicable statutory period is suspended as provided by law while a notified lack of conformity is being remedied. These statutory rights are not limited by our commercial warranty or by any other provision of these Terms.

7.2 Additional two-year commercial warranty

In addition to, and without restricting, mandatory statutory rights, we provide a voluntary two-year commercial warranty from delivery against defects in materials and workmanship.

Guarantor: Nikolai Shelkovenko, trading as Vibromera, at the address stated in clause 1. Covered products: Balanset instruments and the sensors, tachometer, interface units, cables and other accessories supplied as part of the purchased kit, subject to the exclusions below. Territory: worldwide. Remedy: after assessment of a valid claim, we will repair the product or replace the defective product or component, at our choice, without charging for parts or labour. Claims: contact [email protected] with proof of purchase, the product serial number where available, a description of the problem and any reasonably requested diagnostic information.

For a claim made only under this voluntary warranty, where no statutory right to free transport applies, you pay the cost of sending the product to us and we pay the cost of returning the repaired or replacement product to you. We will provide return instructions before shipment. Do not send goods without first contacting us.

This commercial warranty does not cover:

• normal wear and tear;
• consumable items that have reached the end of their normal service life;
• damage caused by incorrect installation, misuse, overload, accident, liquid ingress, improper storage or transport by the customer;
• use outside the documented specifications or contrary to the operation manual; or
• unauthorised repair, modification or disassembly where this caused or contributed to the defect.

An exclusion applies only to the extent that the excluded event caused or contributed to the claimed defect. General technical assistance is available to customers by email. Priority response times or extended WhatsApp support may be offered under a separate support plan and are not included solely by this warranty.

For Portuguese Consumers, the commercial guarantee statement will also be supplied in Portuguese on paper or another durable medium no later than delivery, as required by law.

This commercial warranty is additional to statutory rights and does not replace, restrict or shorten them.

8. Withdrawal and returns

8.1 Statutory right of withdrawal

If you are a Consumer and applicable mandatory law gives you a right to withdraw from a distance contract, including under Portuguese Decreto-Lei n.º 24/2014, you may withdraw without giving a reason within 14 calendar days after the day on which you, or a third party designated by you other than the carrier, takes physical possession of the goods.

For an order containing multiple goods delivered separately, the period begins after physical possession of the last good, lot or piece, as applicable under mandatory law.

To exercise the right, send an unequivocal statement before the withdrawal period expires:

• by email to [email protected]; or
• by post to Vibromera / Nikolai Shelkovenko, R. Nova da Madorninha 152, 4460-376 Senhora da Hora, Portugal.

You may use the model form in clause 8.3, but this is not obligatory. It is sufficient to send the withdrawal notice before the deadline.

After notifying us, you must return the goods without undue delay and no later than 14 days after sending the notice. Unless we agree to pay them or applicable law provides otherwise, you bear the direct cost of returning goods that can normally be returned by post or parcel carrier. Contact us before return so that we can provide the correct shipping and customs instructions.

We will reimburse all payments received for the withdrawn contract, including the cost of our least expensive standard delivery method offered for the order. We do not have to reimburse additional delivery costs resulting from your choice of a more expensive delivery method.

The reimbursement will be made without undue delay and no later than 14 days after we are informed of your withdrawal, using the same payment method unless you expressly agree otherwise and without reimbursement fees. Unless we have offered to collect the goods, we may withhold reimbursement until we receive the goods or you provide evidence that they have been sent back, whichever occurs first.

You may inspect and handle the goods only to the extent necessary to establish their nature, characteristics and functioning, as you could reasonably do in a shop. You are responsible only for any diminished value resulting from handling beyond that extent. Missing accessories, damage or excessive use may therefore result in a lawful deduction, but they do not automatically invalidate the statutory right of withdrawal.

8.2 Voluntary 30-day return option

In addition to any statutory withdrawal right, we offer a voluntary commercial return option for up to 30 days after delivery. Its conditions, including product condition, completeness, return costs and any exclusions, are stated in our Политика возврата средств и возврата товаров.

The voluntary return option does not replace or restrict the statutory right described in clause 8.1. If there is a conflict, the following order of precedence applies: mandatory law, any individually agreed order terms, these Terms, and then the voluntary Refund and Returns Policy.

8.3 Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To: Vibromera / Nikolai Shelkovenko, R. Nova da Madorninha 152, 4460-376 Senhora da Hora, Portugal; [email protected]

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:

Goods:

Order number:

Ordered on / received on:

Name of Consumer(s):

Address of Consumer(s):

Signature of Consumer(s), only if submitted on paper:

Date:

9. Software licence and updates

Balanset instruments are supplied with PC software. Ownership of the software and its intellectual property rights is not transferred. You receive a non-exclusive licence to install and use the supplied software with the corresponding instrument for its intended purpose.

The licence may be transferred together with permanent ownership of the corresponding instrument, provided that the transferor stops using the software and deletes copies not transferred with the instrument. You may make one backup copy. You may not redistribute, sublicense, decompile or reverse-engineer the software except to the extent that applicable law expressly permits such acts and does not allow them to be contractually restricted.

System requirements, compatibility information and operating instructions are stated on the relevant product page and in the operation manual. You are responsible for checking those requirements before purchase.

We provide updates, including necessary security updates, for at least the period required by mandatory law for goods with digital elements. We also intend to make released functional updates available while the relevant product line remains supported. Ending general product support does not reduce any mandatory update or conformity obligation.

10. Intended use, safety and liability

Our instruments are professional measurement and balancing tools intended for persons with basic technical competence, the ability to operate a PC and sufficient knowledge to work safely on the relevant machinery. Users must follow the operation manual, workplace safety requirements, applicable standards, lockout procedures and the machine manufacturer’s instructions.

Measurements, calculators, documentation and technical support assist the user but do not replace competent engineering judgement or an assessment of whether a machine can be operated safely. You remain responsible for machine safety, the suitability of correction weights and methods, and the safe execution of balancing work.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, wilful misconduct, gross negligence, mandatory product liability, mandatory consumer rights, or any other liability that cannot lawfully be excluded or limited.

For Business Customers only, and to the maximum extent permitted by applicable law, we are not liable for indirect losses or for loss of profit, revenue, production, use, business opportunity, anticipated savings or data. Subject to the preceding paragraph, our aggregate liability arising from a contract is limited to the amount paid for the goods giving rise to the claim. This limitation does not apply where applying it would be prohibited by law.

Neither party is liable for delay or failure caused by an event beyond its reasonable control, provided that the affected party informs the other party when reasonably possible and takes reasonable steps to reduce the effects. Such events may include carrier disruption, natural disaster, war, government or customs action, widespread telecommunications failure, and failure of third-party payment infrastructure. If such an event prevents delivery for more than 30 days, either party may cancel the undelivered part of the order, and we will refund any amount paid for it. Mandatory consumer rights remain unaffected.

11. Intellectual property

The Website and its content, including text, photographs, graphics, drawings, calculators, documentation, software, and the Vibromera and Balanset names and logos, are owned by us or used under licence and are protected by applicable intellectual property law.

You may use supplied documentation and Website material for your own lawful internal use in connection with our products. Reproduction, republication, distribution or commercial use for another purpose requires our prior written permission, except where applicable law permits the use without permission.

12. Personal data

We process personal data in accordance with our Политика конфиденциальности and applicable data-protection law, including the GDPR. Payment providers, carriers and other service providers process information as described in that policy and their own applicable notices.

Order and transaction records are retained for the periods required by Portuguese accounting, tax and other applicable law.

13. Legal capacity and authority

By placing an order, you confirm that you have legal capacity to enter into the contract. If you order on behalf of a company or another organisation, you confirm that you are authorised to bind it.

14. Governing law, jurisdiction and consumer redress

These Terms and the contract are governed by Portuguese law. For Consumers, this choice of law does not deprive you of mandatory protections granted by the law of your country of habitual residence where those protections would apply in the absence of this choice.

The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna 1980) does not apply.

For Business Customers, the courts of Porto, Portugal have exclusive jurisdiction, unless mandatory law requires otherwise. Consumers may bring proceedings in any court having jurisdiction under applicable consumer and procedural law, including the courts of their place of residence where applicable.

Complaints book

Consumers may submit a complaint through Portugal’s official electronic complaints book at www.livroreclamacoes.pt.

Alternative dispute resolution

Under Lei n.º 144/2015, Consumers may contact the competent accredited alternative dispute resolution entity. For disputes within its competence, the relevant entity is:

CICAP – Centro de Informação de Consumo e Arbitragem do Porto (Tribunal Arbitral do Consumo) Rua Damião de Góis, 31, Loja 6, 4050-225 Porto, Portugal www.cicap.pt [email protected] +351 225 508 349 / +351 225 029 791

Use of an ADR entity is subject to its competence and procedural rules. We participate where required by applicable law or where we agree to do so. A list of accredited Portuguese consumer ADR entities is available at consumidor.gov.pt.

The former European Commission Online Dispute Resolution platform was discontinued on 20 July 2025 and is therefore not referenced as an available complaint channel.

15. Changes, severability, notices and contact

We may amend these Terms for future orders. An amendment does not change a contract already concluded unless the parties expressly agree or the change is required by mandatory law.

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. The invalid provision will be applied only to the maximum extent permitted by law, without reducing mandatory consumer rights.

Legal notices and questions concerning an order may be sent to [email protected] or to the postal address in clause 1. Notices concerning statutory withdrawal may be sent as described in clause 8.