1.1Seller – ELKOR (Lahedate Asjade OÜ), company established and operating in accordance with laws of the Republic of Estonia, registration number 14611049, VAT code EE102125100. 1.2Buyer – a natural person or legal entity purchasing goods and services at the Web Web store or using the Web store who has reached the age of 18, is planning to purchase goods or services from ELKOR. 1.3Web Store – electronic ELKOR Web store accessible online at www.elkor.ee. 1.4Purchase – Sale Agreement – agreement on the purchase – sale of goods concluded by the Buyer and the Seller in accordance with the Rules of Purchase – Sale of Goods of the Web store. 1.5Pickup point – point of issue (pick-up) of goods owned by ELKOR. 1.6Rules – these rules on distant purchase – sale of goods laying down the rights and duties of the Buyer and the Seller, conditions of purchase of goods and services offered by the Seller and of payment therefor, procedure of delivery and return of goods and services, liability of the parties and other provisions related to the purchase – sale of goods and services at the Web store.
2.1 These Rules shall be a binding legal document establishing mutual rights, obligations and liability of the Buyer and the Seller, as well as other provisions related to the sale - purchase of goods and services offered by the Seller, when purchasing goods or services at the Web store. 2.2 The Buyer may purchase goods and services at the Web store only having accepted the Rules. After the Buyer confirms having read the Rules, he/she undertakes to comply therewith and to execute them. By purchasing goods and services at the Web store, the Buyer agrees with the application of the Rules and confirms that he/she has understood them. If the Buyer did not read and / or understand the Rules or disagreed with them, he/she cannot purchase goods and services at the Web store. 2.3 Goods shall be sold at the Web store from the territory of the Republic of Estonia. 2.4 The Seller shall have the right to amend the Rules. Amendments to the Rules shall take effect after they are published at the Web store. If the Buyer uses the Web store in any way after the publication of amendments to the Rules, he/she shall be considered to have agreed with all amendments to the Rules. 2.5 The term “Goods” used hereinafter in the Rules shall cover both goods and services, unless explicitly stated or the context dictates otherwise.
ENTERING INTO THE PURCHASE – SALE AGREEMENT
• submits an order and forms a basket of goods following the instructions of the Seller, and specifies his/her delivery address or the method of collection of the goods;
• confirms that he/she has read the Rules, chooses the method of payment and pays for the order;
• the Seller confirms the Buyer’s order by displaying and / or sending order information, a confirmation message (by e-mail and / or by phone) and / or a VAT invoice.
In cases where the Buyer disagrees with all or some of the Rules, he/she shall not be able to order goods. 3.6 Before concluding Purchase – Sale Agreement, the Seller may also send to the Buyer other intermediate approvals, for example confirmation of the received payment, etc. 3.7 The Purchase – Sale Agreement shall be valid until fulfilment of the obligations under this agreement. The Purchase – Sale Agreement shall be considered fulfilled after the goods are transferred to the Buyer in accordance with the procedure laid down in the Rules and laws of the Republic of Estonia. 3.8 Having confirmed a Buyer’s order, the Buyer undertakes to pay the price of goods and to accept the goods ordered at the Web store. 3.9 The Seller may not confirm a Buyer’s order, if the Buyer fails to fulfil all the conditions of the order of goods, the Seller does not have the product, which the Buyer wants to buy, the Buyer failed to confirm his/her agreement with the Rules, the Seller believes that the Buyer is engaged in wholesale purchases, and / or for other reasons which can be disclosed to the Buyer individually.
RIGHTS AND DUTIES OF THE BUYER
4.1 The Buyer shall have the right:
4.1.1 to buy at the Web store in accordance with the Rules, other instructions of the Seller and legal acts of the Republic of Estonia; 4.1.2 the Buyer – Consumer shall have the right to refuse the Purchase – Sale Agreement concluded at the Store by notifying the Seller thereof in writing no later than within 14 (fourteen) days in accordance with the procedure laid down in the Civil Code and the Rules; 4.1.3 to return and/ or exchange goods of inappropriate quality or assembly, and take advantage of warranties; 4.1.4 other rights provided for by Rules and/ or legal acts of the Republic of Estonia.
4.2 The Buyer undertakes:
4.2.1 to pay the price of ordered goods and their delivery, also to make other payments (if specified when entering into the Purchase-Sale Agreement) and to accept the goods ordered; 4.2.2 to inspect and to check goods when accepting them, also to inform the Seller about the damage of a shipment, obvious defects, model or assembly of goods that was different from that ordered by the Buyer in accordance with the procedure established by the Rules; 4.2.3 to check the quality of the purchased goods and to inform the Seller by phone +372 6346498 or e-mail: [email protected] about any quality defects of the goods that could not be noticed when handing over the goods; 4.2.4 having chosen the method of pick-up of goods, to pick them up not later than 7 (seven) days after being informed that the goods are ready for pick-up; 4.2.5 having chosen the delivery service or other services offered by the Seller, to create conditions for their provision, also to properly pay for such services; 4.2.6 to cover expenses of the return of goods, if they are borne by the Buyer. 4.2.7 to immediately update information, if the Buyer Registration Data or data of delivery of goods have changed; 4.2.8 not to use the Web store in such a manner as to endanger proper functioning, security, integrity of the Web store or restrict the possibility of others to access the Web store; 4.2.9 to comply with the requirements specified in other Rules and legal acts of the Republic of Estonia.
RIGHTS AND DUTIES OF THE SELLER
5.1 The Seller shall have the right:
5.1.1 to restrict or suspend the Buyer’s access to the Web store without a prior warning, also to cancel the Buyer’s registration, if the Buyer has attempted to damage the operation or stable work of the Web store, and / or violated his/her duties; the Seller shall not be liable for any losses incurred by the Buyer; 5.1.2 to terminate the operation of the Web store temporarily or altogether, to modify the Web store or its separate parts, all and any of its contents, to restrict purchases made at the Web store, to change the website address of the Web store, to limit the number of registered Buyers without a prior notice to the Buyer thereof; the Seller shall not be liable for any adverse consequences on the Buyer caused by such actions; 5.1.3 to change the Rules, the prices of goods, purchase terms and conditions or any other Web store-related instructions, publishing such changes at the Web store.
5.2 The Seller undertakes:
PRICES AND PAYMENT FOR GOODS
6.1 The prices of goods shall be indicated in the Web store and / or the order in the euro inclusive of value added tax. 6.2 Goods shall be sold to the Buyer at the prices valid at the time of placing the order at the Web store. The specific price of the goods and the amount payable for the goods shall be displayed to the Buyer having formed a basket of goods. If the Buyer disagrees with the specified price, he/she cannot continue ordering goods and placing the order. 6.3 The price of goods shall not include the price of delivery of the goods and the price of services, which the Buyer may order from the Seller. Unless specified otherwise, the service of delivery of goods and other services shall be paid by the Buyer separately. 6.4 Goods can be purchased at the Web store only after making an advance payment. When purchasing goods at the Web store, methods of payment listed at the Web store may be used to pay for goods. 6.5 Purchase documents - order information and VAT invoices shall be presented to the Buyer electronically in the Buyer’s account, which the Buyer can use to download and / or print them. Electronic purchase documents are valid without signature. 6.6 After the Seller has confirmed the order, the price of the goods may change only in exceptional cases, when the price of the goods has changed due to technical errors in information systems, correction of obvious (negligence) errors or other objective reasons beyond the Seller's control. If in such a case the Buyer does not agree to purchase the product at the new price, the Buyer can cancel the order by informing the Seller (by calling the phone number +372 6346498 or writing to the e-mail address: [email protected]). After the cancellation of the order in accordance with the procedure specified in this clause, the Seller undertakes to refund to the Buyer all amounts paid by him for the canceled order. The Buyer, if he wants to buy the same Product at the new correctly indicated price, must order it again.
DELIVERY OF GOODS
7.1 The possible methods of delivery of goods to the Buyer shall be listed after the Buyer forms his/her basket of goods and enters his/her delivery address.. 7.2 Delivery of Goods shall be a paid service. 7.3 Where the Buyer chooses a delivery service, the delivery price shall be displayed to the Buyer at the end of the order process, before choosing the payment method and / or making a payment. The price of delivery of goods shall be paid in advance, along with the payment for goods. 7.4 The Buyer undertakes to indicate the exact place of delivery of the goods. 7.5 The goods are delivered by the Seller or its authorized representative. 7.6 Payment for home delivery does not include service for bringing upstairs the ordered goods – this service Buyer should order as an additional option. 7.7 The Buyer shall be informed by e-mail and / or phone of the date and time of delivery of the Goods. The Buyer can be individually informed about the different delivery time of the Goods. The Seller cannot guarantee that the Goods will in all cases be delivered in accordance with the Terms and / or other conditions found in the Web Store and that they will be delivered in accordance with the delivery conditions individually specified by the Buyer, especially if the ordered Goods are not in the Seller's warehouse. The Seller undertakes to ensure, as far as possible, that the Goods are delivered as soon as possible. 7.8 Before delivery of goods, the representative of the Seller shall contact the Buyer and coordinate all details of delivery. 7.9 When ordering a delivery service, the Buyer shall specify the exact place of delivery of goods and create suitable conditions for unloading the goods (unlock gates, lift a boom barrier, open the door, etc.). Delivered goods shall be carried through the door only; a balcony or windows may not be used to deliver goods. 7.10 If the Buyer does not provide the Seller's representative with access to the address for unloading the Goods specified in the Buyer's order, at the agreed delivery time of the Goods and 20 (twenty) minutes after this time, it is considered that delivery was not possible due to the Buyer's fault. In this case, the Goods purchased by the Buyer are returned to the Seller's warehouse, and the Seller's representative agrees with the Buyer on the nearest possible delivery date of the Goods. If the Buyer wants the Seller to deliver the ordered Goods repeatedly, the Buyer pays the Seller for the repeated delivery of the Goods by repeatedly agreeing on the delivery time, according to the tariff that was valid for the first delivery of the Goods. 7.11 When accepting goods, the Buyer shall check the condition of the shipment, the quantity, quality and assortment of goods. Having noticed that shipment packaging is damaged, but there are no discrepancies in the quantity, quality or assortment of goods, the Buyer shall mark the packaging damage in the delivery confirmation form or the forms presented by the person having delivered the shipment. In such a case goods shall be considered delivered in a damaged packaging, but their quantity, quality and assortment shall be considered in line with conditions of the Purchase – Sale Agreement, and goods shall be deemed to have been delivered properly. 7.12 Having determined that there are discrepancies in the quality and / or assortment of goods, the Buyer cannot accept the good which fails to meet the quality and/or assortment of goods. The Buyer shall indicate his/her refusal to accept the good and list the discrepancies found in the shipment delivery confirmation form and / or by completing the forms submitted by the person having delivered the shipment. Should any discrepancy in quantity of the goods be determined, the Buyer shall also indicate this in the shipment delivery confirmation form and / or by completing the forms submitted by the person having delivered the shipment. 7.13 If the Buyer accepts a shipment without making any comments, goods shall be considered delivered in an undamaged packaging, the quantity, quality and assortment of goods shall be considered to be in line with the terms of the Purchase – Sale Agreement and additional services related to the sale and delivery of goods shall be considered to have been carried out properly. 7.14 The Buyer undertakes to accept goods himself/herself. When handing over goods, the Buyer may be asked to furnish his/her personal identity document and order information sent to the Buyer by the Seller. 7.15 Having delivered goods to the address indicated by the Buyer, goods shall be considered transferred to the Buyer, regardless of whether or not the goods were actually accepted by the Buyer or any other person, who accepted the goods at the specified address. If the Buyer could not pick up goods himself/herself, and the goods were delivered to the specified address, the Buyer shall not have the right to file any claims with the Seller regarding the delivery of goods to a wrong person. If goods are not delivered on the planned delivery date, the Buyer shall inform the Seller thereof immediately, but no later than on the day following the scheduled date of delivery of goods. Otherwise, the Buyer shall lose his/her right to file claims with the Seller related to delayed delivery and / or non-delivery of goods. 7.16 The delivery conditions indicated in the product description are preliminary. The terms of delivery of goods are not applicable in cases when the required goods are not in the Seller's warehouse and the Buyer is informed about the absence of the ordered goods. By approving these Terms, the Buyer agrees that in exceptional cases the delivery of goods may be delayed due to unforeseen circumstances beyond the control of the Seller. In this case, the Seller undertakes to contact the Buyer immediately and agree on the delivery term and other conditions. If the Seller does not deliver the goods within the term specified in the order and the Parties do not agree on an additional term for delivery of the goods, the Buyer may use Clause 4.1.2. the right specified in paragraph - to withdraw from the contract for the purchase of goods or services. 7.17 The Seller shall be released from liability for violation of terms of delivery of goods, if goods were not delivered to the Buyer or were delivered late at the fault of the Buyer or for circumstances within the Buyer’s control.
PICK UP, STORAGE AND WAREHOUSING OF GOODS
8.1 If the Buyer does not order the goods delivery service, the Buyer can pick up the ordered goods free of charge at the Pickup point. When placing an order, the Buyer shall choose the Pickup point for picking up the ordered goods. 8.2 When the ordered Goods are ready for receipt, the Buyer receives a confirmation message that it is possible to pick up these Goods. Upon arrival to pick up the ordered Goods at the Pickup Point, the Buyer must present to the Seller's representative a valid identity document (ID card or passport), as well as an order confirmation message sent electronically by the Seller to the Buyer. Before receiving the order, the representative of the legal entity must present an identity document. The trustee of a legal person must present a valid power of attorney issued by the legal person and an identity document. If the Buyer is unable to present the said documents, the Seller's representative has the right to refuse to issue the goods to the Buyer. 8.3 The Buyer receives the ordered Goods not later than 7 (seven) days after the Seller electronically informs the Buyer that the Goods are ready for pick up. 8.4 After the Buyer picks up the Goods, they shall be considered to have been handed over (delivered) to the Buyer. 8.5 If the Buyer does not pick up the ordered Goods within 7 days after being informed about the readiness of the ordered Goods for pickup or in the case described in Clause 7.10 , the Buyer is obliged to cover the Seller's storage costs of 1.5 € for each calendar day for al remaining goods. 8.6 The Buyer is obliged to pay the fee for storing the goods before receiving from the Pickup Point.
QUALITY AND WARRANTY OF GOODS
9.1 The general characteristics of each Product purchased are indicated in the description of this Product. The specifications and descriptions provided may differ from the actual specifications and descriptions of the product. 9.2 The colour, shape or other parameters of goods in the Web store may differ from the actual size, shape and colour of goods due to the features of electronic devices used by the Buyer or for other technical reasons, also taking into account reasonable discrepancies in appearance. 9.3 Unless indicated otherwise in the Web store, goods purchased by the Buyer shall be subject to a standard 2-year warranty for the quality of goods. 9.4 If goods are of poor quality, the Buyer shall have the right to keep defective goods and to recover a part of the price paid for such goods having agreed with the Seller thereon or return the goods and receive purchase price repayment or request the Seller to replace the damaged good with another of good quality. 9.5 The Seller itself does not provide warranty service for the goods.
RIGHT TO REFUSE THE AGREEMENT. RETURN OF GOODS
10.1 The Buyer-Consumer shall have the right to refuse the Purchase – Sale Agreement concluded by electronic means of communication without giving a reason therefor within 14 (fourteen) days from the date of delivery (receipt) of goods, or if the Buyer-Consumer has ordered more than one product in a single order and products are delivered separately - from the day of delivery (date of receipt) of the last product, or if goods are delivered in different batches or in parts, - from the date of delivery (receipt) of the last batch or part, except for the agreements listed § 53 (4) of Law of Obligations Act. The Buyer may refuse the Purchase – Sale Agreement by returning goods to the Pickup point or by filling out a notice of cancellation of the Sale and Purchase Agreement in the "Return" section, or by sending a notice of cancellation of the Sale and Purchase Agreement by e-mail: [email protected] The Buyer’s notice shall clearly indicate the Buyer's refusal of the Agreement. The Buyer shall also provide a purchase document (invoice, receipt, etc.), presenting this document to the Goods Distribution Point or by sending its copy together with the notice of the refusal of the Agreement, evidencing that the goods were purchased from the Seller. When purchasing several goods under a single Agreement, his right of refusal shall be valid in respect of both all the goods and one or more products. Conditions laid down in clauses 10.2 – 10.13 below shall apply when goods are returned by a Buyer-Consumer. 10.2 Goods shall be returned to the Seller not later than within 14 (fourteen) calendar days from the day of sending a message on refusal of the Purchase – Sale Agreement to the Seller. The Buyer shall be responsible for properly packaging goods for return. The Buyer shall bear direct expenses of the return of goods, unless the Seller instructs the Buyer otherwise having received a notice on the refusal of the Purchase – Sale Agreement. 10.3 Goods may be returned to the Pickup point or the Buyer may return goods through intermediaries (couriers) at his/her own choice who must deliver them to the Pickup point. Before returning goods, through intermediaries (couriers) the Buyer shall contact the Seller (by phone: +372 6346498 or by e-mail: [email protected]) and agree on the return of goods. 10.4 Buyer will receive money for the goods and for the paid delivery after the goods are returned to the Seller. If Buyer returns only part of the purchased Goods, the shipping charges will not be refunded. The money will be refunded to the bank account from which the purchase was made. If the payment for the Goods was made by a payment card, the money will be returned to the same card the payment was made from. 10.5 The Seller shall not be considered to have violated conditions of return of money, if he/she is unable make a transfer at the fault of the Buyer (delayed return of goods, inaccurate data, etc.). 10.6 In any case of return, the Seller shall not compensate additional expenses of the Buyer having formed due to the Buyer having chosen another method of delivery of goods than the conventional least expensive method offered by the Seller. 10.7 When the Buyer does not like the shape, size, colour, model or assembly of goods, in cases other than the refusal of the Agreement, he may return the goods in accordance with the procedure laid down in the Rules and legal acts of the Republic of Estonia. Some quality goods, such as electrical appliances, hygiene products, properly provided services and goods listed § 53 (4) of Law of Obligations Act, cannot be returned. 10.8 Having purchased goods of poor quality, the Buyer may ask to exchange goods of inappropriate quality with appropriate goods, to reduce the price of goods or to return goods and recover the amount paid therefor. Goods of poor quality shall be exchanged or returned in accordance with the procedure of these Rules and legal acts of the Republic of Estonia. 10.9 The Buyer shall act in accordance with the following conditions when returning goods:
10.9.1 The Buyer shall act in accordance with the following conditions when returning goods; 10.9.2 goods shall not be damaged by the Buyer; 10.9.3 goods shall not be damaged by the Buyer; 10.9.4 the goods returned shall come in the same assembly as received by the Buyer; 10.9.5 when returning goods, presenting a VAT invoice evidencing their purchase and completing an application for the return of goods shall be necessary.
10.10 Before returning or exchanging goods of poor quality, also in cases where quality goods are returned for reasons other than the refusal of the Agreement, the Buyer shall contact the Seller (by phone: +372 6346498 or by e-mail: [email protected] and agree on the conditions for the return or exchange of goods. The Buyer may also return goods of poor quality to the Pickup point. 10.11 If the goods returned do not come in a complete assembly, are damaged, disorderly and/or inappropriately packaged, the Seller shall have the right to refuse to accept the goods returned and to return the money paid by the Buyer for the goods being returned. 10.12 The Buyer cannot return such goods that cannot be returned in accordance with legal acts of the Republic of Estonia. 10.13 In case of the provision of services of poor quality, the Buyer shall have the right to request to eliminate deficiencies in the provision of the services, to return the price paid for the services or to reduce the service price.
DISCOUNT AND PROMOTIONS
11.1 The Seller may initiate various promotions or apply discounts at the Web store at its own initiative. Discounts and promotions at the Web store shall not have to necessarily be the same as those applied in the physical store of the Seller. 11.2 Detailed information related to discounts or promotions shall be available at the Web store during a specific promotion or discount period. 11.3 When the Buyer purchases goods for which the Seller offers a certain discount or a gift, and then takes advantage of his right to return goods, the Buyer shall be returned solely the amount of money, which he actually paid for the goods. 11.4 The Seller shall have the right to unilaterally, without a separate notice, change conditions of promotions or discounts, or to cancel them altogether. Any changes or cancellations in the procedure of application of promotions and discounts shall be valid from the moment of their publication.
LIABILITY OF THE PARTIES
12.1 The Buyer shall be liable for the correctness of the Registration Data. If the Buyer fails to provide accurate Registration Data and / or to update them in a timely manner, the Seller shall not be liable for resulting consequences. 12.2 The Buyer shall be liable for transferring the Registration Data to third parties. If a third person uses the services provided by the Web store or purchases goods or services at the Web store having logged in to the Web store using the Buyer’s login data, the Seller shall consider this person the Buyer, and the Buyer shall be liable for all the obligations arising therefrom. 12.3 The Seller shall be exempted from any liability in cases where losses arise due to the fact that the Buyer failed to read the Rules and/or the Purchase – Sale Agreement despite the Seller's recommendation and his/her duty to do so, even though he/she was provided with such a possibility. 12.4 The Seller shall be liable for malfunctioning of the Web store and the resulting direct losses or damage incurred by the Buyer or third persons, if they formed by deliberate actions of the Seller. 12.5 If the Seller’s Web store has links to websites of other companies, institutions, organizations or persons, the Seller shall not be liable for information contained therein or activities carried out, it shall not supervise over or control those websites, and shall not represent those companies or individuals. 12.6 In case of damage, the guilty party shall reimburse the other party’s direct losses only. 12.7 The Seller shall not be liable for a default on the Purchase – Sale Agreement and/or a failure to deliver goods or late delivery of goods, where this happened at the fault of third persons, or for circumstances, which the Seller could not control or reasonably foresee at the time of conclusion of the Purchase – Sale Agreement, and could not prevent the occurrence of these circumstances or their consequences (force majeure). Where the said circumstances last longer than 1 (one) month, the parties may terminate the Purchase – Sale Agreement by their mutual agreement.
PROVISION OF INFORMATION
13.1 The Seller shall send all messages and other information to the Buyer to his/her specified e-mail address. This information shall be considered received by the Buyer within 3 (three) hours from the moment of its sending. 13.2 The Seller shall not be liable for any malfunctions in the Internet connection or disruptions in networks of e-mail service providers for which the Buyer was unable to receive e-mails of the Seller. 13.3 The Buyer shall send all notices, claims, applications and questions using the contacts specified in these Rules and the contact details indicated under the "Contact details" section of the Web store.
14.1 All information provided on the Seller’s website, including, but not limited to these Rules, information about the Seller, offered goods and services, and their properties, procedure of implementation of the Buyer’s right to refuse the Purchase – Sale Agreement, warranty services provided by the Seller and warranties (if provided) shall be deemed to have been submitted to the Buyer in writing. 14.2 The Rules and the Purchase – Sale Agreement concluded by the Buyer and the Seller shall be subject to law of the Republic of Estonia. 14.3 The Seller may at any time assign its rights and duties arising out of these Rules to any third persons without obtaining the Buyer’s consent thereto or notifying him thereof. 14.4 All disagreements between the Buyer and the Seller regarding the Rules shall be solved by negotiation. If the parties fail to resolve disputes by negotiations within 15 (fifteen) days, disputes shall be finally settled in accordance with the procedure established by laws of the Republic of Estonia. 14.5 The Buyer may submit requests and / or a complaints regarding the goods or services purchased at the Store with the Consumer Protection and Technical Regulatory Authority (Sõle 23a, 10614 Tallinn, by phone: +372 667 2000 or + 372 620 1707, by fax: +372 667 2001, by e-mail: [email protected], on the website of the Authority at https://www.ttja.ee) or by completing an application form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/. 14.6 These Rules valid from 14th of July, 2020.
CONTACT DETAILS AND REQUISITES
Telephone:+372 6346498E-mail:[email protected]Firm name: Lahedate Asjade OÜ
Registration No.: 14252113
VAT number: EE101969668
Account No.: EE061200001226441552
Bank code: PARXEE22
Bank: AS Citadele banka Eesti filiaal