Seller – SalesProff OÜ, registry code 12042877, home page ostakohe.ee
Buyer – any person that has concluded an Agreement with the Seller and/or acts with the objective of concluding an Agreement with the Seller (hereinafter also Customer)
Agreement – the Product Sales Agreement concluded between the Buyer and the Seller as containing these terms and conditions
Standard Terms and Conditions – the terms and conditions of the Agreement
Product(s) – product or products offered for sale by the Seller via its website
Order – an order for the purchase of the Products, submitted by the Buyer to the Seller via the Seller’s website
Shipping – making available of a Product under the terms and conditions agreed in the Agreement and delivery of the Product by the Seller to the Buyer.
These Standard Terms and Conditions regulate the procedure for selling and paying for the Products. The Standard Terms and Conditions are binding on the Parties as of consenting thereto.
The Seller has the right to make changes to services offered by the online store at any time.
The Seller has the right to amend the terms and conditions of the User Agreement at any time without having to notify the Customer thereof by e-mail. Such amendments take effect as of publication in the Shopping Environment.
In matters not regulated by the Standard Terms and Conditions, the Parties are guided by legislation in force in the Republic of Estonia.
PRODUCT PROPERTIES AND PRICES
Payment is made in a secure environment via Montonio Finance OÜ. The Buyer can pay for their purchase via a variety of payment methods: payment via bank links (Swedbank, SEB, LHV, Luminor, COOP Pank, Citadele, Revolut, etc.).
Prices on the ostakohe.ee website are given in EUROs as exclusive of shipping costs.
The Products offered for sale by the Seller are published on the Seller’s website as classified into different product categories.
The Seller offers for sale the Products with the properties and prices published on the website. All prices published in the Seller’s online store are inclusive of VAT.
The Seller has the right to amend the Product properties and/or prices at any time, whereat the respective amendments take effect upon publication of the changed Product properties and/or prices on the website. If Product properties and/or prices change after the Buyer has confirmed an Order, yet before the Buyer has paid for the Products, the Product properties and/or prices published on the Seller’s website upon when the Buyer confirmed the order apply with regard to the Buyer.
For the purposes of these Terms and Conditions of Sale, prices are inclusive of VAT. VAT is added to the price of each individual Product in adherence to applicable legislation.
PLACING AND CONFIRMING ORDERS
To purchase Products, the Buyer submits an Order to the Seller via the Seller’s website.
To order goods, the desired Products must be added to the shopping cart. To place an order, required fields must be completed and the appropriate delivery method selected. Thereafter the payable amount that can be paid via a bank link or another payment method is displayed. Relevant Agreement enters into force upon receipt of the payable amount on the online store’s bank account. If ordered goods cannot be shipped due to the goods being out of stock or for any other reason, the Buyer is notified thereof as soon as possible and the money paid (incl. shipping costs) will be refunded immediately, yet not later than within 14 days as of sending the notice.
The Order fulfillment process begins upon full payment by the Buyer of the invoice issued by the Seller. Upon agreement, the Seller may begin the Order fulfillment process when the Buyer has paid at least 50% of the invoice.
All deliverable products are subject to a shipping fee in adherence to relevant price list.
To confirm an Order, the Buyer performs the following actions:
- Via the website, the Buyer provides to the Seller such information (incl. contact details), the provision of which the Seller has requested via the website and which the Seller needs so to submit an invoice and/or contact the Buyer; the Buyer reviews and accepts the Standard Terms and Conditions via the Seller’s website.
- After confirming the Order on the website, the Buyer receives a copy of the Order at their e-mail address.
- The Customer undertakes to check the correctness of the contact information provided before placing an Order so as to prevent delays and misunderstandings upon delivery of the Products. The Seller is not liable for any delay in Product delivery and any misunderstandings if the delay or misunderstanding is caused by the inaccuracy or incorrectness of the information provided by the Customer upon placing the Order.
ORDER FULFILLMENT AND RECEIVING PRODUCTS
The Seller starts the process of fulfilling the Buyer’s Order after full payment for relevant invoice.
Shipping costs are borne by the Buyer and corresponding price information is displayed next to the shipping method. Shipments within Estonia are usually delivered to the Buyer’s specified destination within 2-7 working days as of the entry into force of relevant Sales Agreement.
The Buyer undertakes to receive the Products at the agreed destination at the agreed time.
The risk of accidental destruction and damage of the Products transfers from the Seller to the Buyer upon delivery of the ordered Products to the Buyer. If the Buyer does not accept the Products at the agreed destination at the agreed time, the risk of accidental destruction and damage of the Products transfers to the Buyer as from the day of delay in acceptance
Upon prior agreement, the trader may deliver another item of at least the same quality and price to the consumer instead of the item ordered or provide a service of the same price and quality. However, if the consumer returns the replaced goods, the costs of returning the goods are borne by the trader (Republic of Estonia Law of Obligations Act § 59 (3))
NOTIFICATION OF NONCOMPLIANCE WITH TERMS AND CONDITIONS OF AGREEMENT AND SELLER’S LIABILITY
Upon receipt of the Products, the Buyer undertakes to open the package and immediately inspect the Products and make sure that the contents of the package correspond to what was ordered and that the Products do not exhibit any defects. If the Buyer discovers that the Products do not comply with the terms and conditions of the Agreement (incl. as regarding quantity and/or properties), the Buyer undertakes to record this fact (preferably taking photos of the defects) and to notify the Seller thereof immediately.
If the Buyer fails to notify the Seller of non-compliance of the Products with the terms and conditions of the Agreement in a timely manner or fails to describe the non-compliance of the Products with the terms and conditions of the Agreement in sufficient detail, the Buyer may not rely on the non-compliance of the Products with the terms and conditions of the Agreement, unless otherwise provided by law.
The Seller is liable for non-compliance of the Products with the terms and conditions of the Agreement if the non-compliance existed upon transference of the risk of accidental destruction and damage to the Buyer, even if the non-compliance becomes apparent later
VALIDITY OF AGREEMENT AND WITHDRAWAL FROM AGREEMENT
The Agreement enters into force upon confirmation of the Order by the Buyer and expires:
- if the Buyer has failed to pay for ordered Products within no later than seven (7) days as of confirmation of the Order; or upon immediate performance of the Agreement; or on any other grounds provided for by law.
- The Buyer has the right to withdraw from the Agreement before the Seller delivers the Products to the Buyer by submitting a written statement of withdrawal to the Seller. The statement of withdrawal must contain, among other things, the number of the invoice issued by the Seller to the Buyer and paid by the Buyer as well as the number of the Buyer’s bank account to which the Buyer wishes the Seller to return the amount paid to the Seller for the Products. The Consumer may withdraw from the Agreement within fourteen (14) days of receiving the goods.
- In the event of withdrawal from the Agreement, the Seller returns to the Buyer 100% of the amount paid by the Buyer no later than within thirty (30) days as of receipt of the Buyer’s statement of withdrawal, unless otherwise provided by the Agreement or law.
- If the Buyer is a Consumer, in addition to the provisions of the Standard Terms and Conditions, the Buyer has the right to withdraw from the Agreement within fourteen (14) days as from the time the Buyer received the Products. If the Buyer that is a Consumer withdraws from the Agreement, the Seller returns to the Buyer the amount paid for the Products immediately, yet not later than within thirty (30) days as from when the Buyer returned the returnable goods to the Seller. Costs related to returning the goods are to be borne by the Buyer in the amount of up to 10 EUR. If the Product to be returned does not correspond to the item ordered, the Seller pays the costs of returning the Product.
- In the event of withdrawal from the Agreement, the Buyer must return the Products received from the Seller immediately, but not later than within thirty (30) days of sending the statement of withdrawal. If the Products to be returned have deteriorated, the Buyer undertakes to compensate the Seller for the depreciation of such Products. The Seller has the right to offset the claim for compensation against the Buyer against the Buyer’s claim for free-of-charge return of the Products.
- In order to exercise the right to return the goods, the Buyer must open the Product packaging carefully without damaging it and return the Product together with the original packaging. The principle of reasonableness applies to returning a Product removed from the packaging.
The 14-day right of return does not apply to Products that have been used (unless it is impossible to inspect the Product without using it).
COMPLAINTS HANDLING PROCEDURE
The Seller is liable for non-compliance or defects of the Products that become apparent within 2 (two) years as from the delivery of the Products to the Customer. Any complaints must be submitted immediately, yet not later than within two (2) months from the discovery of the defect in the goods. In order to make it easier to solve later issues, the Consumer should surely retain relevant purchase documents (invoice, agreement, etc.) that prove that the goods were purchased from the online store at ostakohe.ee. The Seller may leave the issue unresolved if documents supporting the purchase are not submitted.
The Seller is not liable for:
- deterioration of or damage to the product due to the Customer’s fault;
- defects caused by improper use of the Product;
- natural physical wear and tear of the Product during normal use.
In case of non-conformity or defect of the product, the Buyer has the right to demand the replacement of the Product with a compliant and non-defective product or to withdraw from the Order and return the non-compliant Product at the Seller’s expense.
In case of returning a non-compliant Product, the amount paid for the Product (including shipping costs) is transferred to the bank account indicated by the Buyer no later than within 30 (thirty) days as of receipt by the Seller of the statement of withdrawal from the Order and notice of returning the Product.
Notices, statements, and complaints sent by one Party to the other Party under the Agreement are submitted in writing or in a format enabling written reproduction (i.e. by e-mail). Notices and statements of informative nature, the sending of which to the other Party has no legal consequences, may also be submitted orally (incl. by telephone).
The Seller has the right to amend the Standard Terms and Conditions at any time, whereat the respective amendments shall take effect upon publication of the Standard Terms and Conditions amended by the Seller on the website. If the Standard Terms and Conditions change after the Buyer has confirmed an Order, yet before the Buyer has paid for the Products, the Standard Terms and Conditions that were published on the Seller’s website upon when the Buyer confirmed the Order apply with regard to the Buyer.
The Seller has the right to amend the prices of the Products provided on the website at any time. Respective amendments take effect upon publication thereof on the website by the Seller. If the prices change after the Buyer has confirmed the Order, yet before the Buyer has paid for the Products, the prices that were published on the Seller’s website upon when the Buyer confirmed the Order apply with regard to the Buyer.
All disputes and disagreements arising from the performance of the Agreement are resolved by way of negotiations between the Parties. If no agreement is reached, the dispute is settled in adherence to the laws of the Republic of Estonia.
The Seller and the Buyer are liable before one other for any damage caused to the other Party by violation of these terms and conditions in cases and to the extent provided for by the legislation in force in the Republic of Estonia.
The Seller is not liable for any damage caused to the Buyer or for any delay in delivery of the Products if the damage occurred due to or the delay in delivery of the Products was caused by a circumstance that the Seller could not have influenced, did not or could not have foreseen.