TERMS OF SERVICE
These e-store sales conditions (hereinafter referred to as "Terms") apply to Est-Tac OÜ (registration code: 16550719, address: Harju maakond, Tallinn, Kesklinna district, Toompuiestee 21, 10137, hereinafter referred to as "ESTTAC") and located on the domain esttac.eu -store (hereinafter referred to as "E-store") for submitting orders and executing sales transactions through it.
By using the e-store and placing orders through it, the user of the e-store (hereinafter the "User") confirms his acceptance of these Terms.
To the user with whom ESTTAC has entered into a separate agreement regarding the submission of orders through the E shop (hereinafter referred to as the "Business Client"), the conditions set forth in the respective agreement shall additionally apply. The User with whom ESTTAC has not entered into such a separate agreement, as well as the consumer User, are also referred to in these Terms as a private customer User (hereinafter "Private Customer").
1. GENERAL PROVISIONS
1.1. Products (hereinafter "Product" or "Products") are sold to the User through the e-store. Products are sold in accordance with the Terms and Conditions valid at the time of placing the order.
1.2. The terms and conditions apply as standard terms and general additional contract terms governing purchase and sale to the one-time sales contracts concluded between the User and ESTTAC. The terms and conditions become an integral part of the sales contract with the conclusion of the sales contract.
1.3. ESTTAC has the right to change the Terms and Conditions if such a need is brought about by changes in current legislation or practices, market development or the need to specify circumstances or business risks related to the sale of Products. Changes to the Terms of Use will take effect when they are published on the ESTTAC website at www.esttac.eu. If the User has completed his order before the changes or additions take effect, the Terms and Conditions valid at the time of placing the order apply to the relevant transaction.
2. PRICES
2.1. All prices shown in the E-shop are in euros and include VAT. The price includes a fee for the delivery of the Products according to the current price list, which is displayed before making the purchase.
2.2. ESTTAC has the right to change the prices in the E-shop at any time. If the prices have been changed in the E-shop after the User has completed the order and paid for it, ESTTAC undertakes to deliver the corresponding Products to the User at the prices valid at the time of ordering. The user has no right to demand compensation for the price difference.
2.3. ESTTAC reserves the right to withdraw from the sales contract concluded through the E-shop and not to deliver the ordered Products to the User if the price, description or quality of the Products were incorrectly presented in the E-shop or the final price of the shopping cart was incorrectly presented due to a technical or other error. ESTTAC will notify the User immediately of finding an error. Please report any errors discovered by the user to info@esttac.ee. If ESTTAC exercises the right to withdraw from the sales contract in the case described above, the User has the option to purchase the same Products at the correct price indicated in the relevant ESTTAC notification by re-ordering the selected goods from the E-shop. In the event of withdrawal from the sales contract in the previously described case, the User does not have the right to demand compensation for any damage that may arise from the withdrawal.
3. ORDER FORMATION AND PAYMENT
3.1. The User's order is created the moment the User presses the "Add to cart" button next to the Product. The number of Products in the order can be changed by the User at any time until the order is completed, and Products can be added or removed. The User's order is finalized when the User presses the "Finish purchase" button
3.2. Payment for a completed order is made on the basis of an advance payment invoice for a Private customer or an invoice with a payment term of up to 7 calendar days for a Business customer. If it is displayed accordingly in the E-shop before making the purchase, payment is also possible via a bank link or other payment options.
3.3. If the User has selected "Payment by invoice" as the payment method, the payment for the Products will be made as follows. The user completes the order in the E-shop. After completing the order, an order confirmation will be sent to the User's e-mail address, which, in addition to other data, will include the order number and a reference (link) to these Terms and Conditions. An advance payment invoice is sent to the private customer. An invoice with a payment deadline of up to 7 calendar days is forwarded to the business customer. The forwarded advance invoice or invoice with a later due date must be paid according to the conditions stated in it.
3.4. If the User has selected "Payment with Bank Linking" or another payment option as the payment method, the payment for the Products will be made as follows. The User places an order in the E-shop and pays for the Products immediately via the bank link of the User's chosen bank or another payment option. After payment, an order confirmation will be sent to the User's e-mail address, which, in addition to other data, will include the order number and a reference (link) to these Terms and Conditions.
3.5. Payment methods through Maksekeskus AS:
3.5.1. Estonia: Swedbank, SEB, Luminor, LHV, Coop Pank, Citadele (with payment initiation service), Pocopay
3.5.2. Latvia: Swedbank, SEB, Citadele and Luminor
3.5.3. Lithuania: Swedbank, SEB, Luminor and Siauliu Bankas (with payment initiation service).
3.5.4. Finland: Aktia, Ålandsbanken, Danske, Handelsbanken, Nordea, Oma Säästöpankki, OP, POP Pankki, S-Pankki, Säästopankki
4. CONCLUSION OF SALE AGREEMENT
4.1. Display of the product description in the E-shop is treated as an offer to conclude a sales contract. Product name, unit price and main features are highlighted in the product description. The images displayed in the product section are illustrative. ESTTAC has the right to determine the minimum and maximum quantity of Products to be purchased or to impose other specific restrictions or special conditions on the purchase.
4.2. The sales contract is concluded through the E-shop, if the User submits a completed order to ESTTAC after selecting the Products by pressing the button "Format purchase". In the case of a private customer, the sales contract is considered concluded and entered into force upon payment for the order. In the case of a business customer, the sales contract is deemed to have been concluded and entered into force when confirmation of the acceptance of the order reaches the business customer's e-mail address.
4.3. If the Private Client selects "Payment by invoice" as the payment method when placing an order and pays for the order late (i.e. after the payment deadline specified in the advance invoice), the payment is considered a new offer and ESTTAC must either agree to conclude a sales contract by sending a sales contract confirmation to the User, or refuse to conclude a sales contract. This is a separate confirmation of the conclusion of the sales contract, which is issued to the User within 7 calendar days of receipt of payment from the User. If ESTTAC refuses to conclude a sales contract, it will notify the User of this within 7 calendar days of receipt of payment from the User. In the latter case, the purchase price will be returned to the User within 14 calendar days of receipt of the User's payment at the latest.
4.4. The user undertakes to provide accurate and correct data when concluding a sales contract. The user must identify and correct any input errors before placing the order. If the User discovers an input error after completing the order, it is possible to correct the submitted data by notifying ESTTAC of such a need as soon as possible at info@esttac.ee.
4.5. After concluding the sales contract, the User can change the sales contract (for example, cancel the purchase of some Products, change the delivery method or payment terms) only in agreement with ESTTAC.
4.6. The official time of concluding the sales contract is calculated according to the ESTTAC server clock, which may not always correspond to the time of the User's web browser or computer.
4.7. ESTTAC may refuse to conclude a sales contract with the User if the User violates or has violated any of the sales contracts previously concluded with ESTTAC. ESTTAC checks the occurrence of circumstances that may prevent the conclusion of the sales contract based on the data provided by the User and, if necessary, refuses to sell the Products to the User. The User will be notified of the refusal to conclude a sales contract by means of an e-mail, in which the reason for the refusal to conclude a sales contract is indicated. If ESTTAC discovers a basis for refusing to conclude a sales contract after the conclusion of the sales contract, ESTTAC may withdraw from the sales contract without any sanctions (see point 9.1.).
5. DELIVERY OF PRODUCTS
5.1. A sales contract for the purchase of Products can be concluded for the delivery of Products to the following countries: Republic of Estonia. Delivery to other countries is also possible by separate written agreement. Products are delivered to the address specified by the User according to the chosen delivery method, with the delivery options displayed in the E-shop before the purchase is made.
5.2. Upon receipt of the Products, the User undertakes to inspect the Product packaging and, in the event of any external damage, to notify ESTTAC immediately by e-mail at info@esttac.ee.
5.3. ESTTAC assumes that the Products will be received by the User at the delivery address of the Products. ESTTAC or a transport service provider authorized by it has the right to hand over the Products at the delivery address to another person who can reasonably be considered a representative of the User (for example, a family member in the case of a natural person, a security desk employee in the case of an institution).
5.4. The User agrees that if the User is unable to receive the Products at the time agreed with ESTTAC (includes both shipping to the User and the User's collection of the Product by separate agreement), ESTTAC is responsible for the destruction, damage or loss of the Products only in the event of intentional or grossly negligent violation by ESTTAC at once. If the User is responsible for the delay in receiving the Products, the User undertakes to compensate ESTTAC for the cost of sending the Products if the Products are sent again.
5.5. Delivery time, depending on the country, from 2 working days (Estonia), 3-4 working days (Finland and the Baltics), the rest of Europe up to 30 days.
5.6. Delivery partners: Omniva, Itella and DHL.
6. THE RIGHT OF THE CONSUMER-USER TO WITHDRAW THE AGREEMENT
6.1. As a consumer, the User has the right to withdraw from the sales contract within 14 calendar days after receiving the Product, by sending a corresponding message with the order number and the account number to the e-mail address info@esttac.ee and by returning the Product to ESTTAC at his own expense. To withdraw from the sales contract, the user can submit a withdrawal statement in a free form or using the standard form for withdrawal from a contract concluded using a communication device and from a contract concluded outside business premises, which can be found at https://www.riigiteataja.ee/akt/103012014001?leiaKehtiv.
6.2. The returned Product must contain all the items included in the Product's packaging and all the documentation that came with the Product.
6.3. The user is obliged to open the original packaging of the Product carefully and without damaging the Product. If the package cannot be opened without damaging it, the User must use a method when opening the package that ensures the least possible damage to the package. In order to make sure of the nature, properties and functioning of the Product, the User must handle and use the Product only as he would normally be allowed to do in the store. If it is necessary to use the Product to determine the suitability of the Product, then the Product is considered an unused Product if the Product is in its original completeness and with the same characteristics as it was when the Product was received. If the above conditions are not met, the User loses the right of withdrawal.
6.4. The right of withdrawal within 14 calendar days does not apply to the following Products:
6.4.1. Products that deteriorate or age quickly;
6.4.2. Products that are made to special order, taking into account the conditions provided by the User;
6.4.3. Products that are not eligible for return for health or hygiene reasons (eg certain items of clothing) and if they have been opened after delivery;
6.4.4. other Products for which the right of withdrawal is excluded according to the legislation in force in the Republic of Estonia.
6.5. The user cannot withdraw from the sales contract in other cases or under conditions not specified in the Terms of Use, except if the corresponding right of withdrawal is stipulated by an imperative provision of the law.
6.6. For returned Products, the purchase price of the corresponding Products will be refunded to the User's invoice within 14 calendar days at the latest from the delivery of the withdrawal statement to ESTTAC, provided that the corresponding Products have been returned to ESTTAC within the same period.
6.7. In the case of the right of withdrawal, the User has the right to exchange the Product for another Product sold by ESTTAC. In this case, the User and ESTTAC will offset the amount paid for the returned Product and the sales price of the new Product to the extent that they overlap. The half claim in excess of the set-off must be met in accordance with the contract of sale.
7. THE RIGHT OF A CONSUMER-USER TO SUBMIT A CLAIM
7.1. Products sold from the consumer to the User through the e-store are subject to a two-year claim submission deadline.
7.2. In the event that the User wishes to submit a claim regarding the non-compliance of the Product with the contractual conditions, it must be submitted to ESTTAC within two months from the day the User became aware that the Product does not comply with the contractual conditions. The claim is submitted to the e-mail address info@esttac.ee with the following information:
7.2.1. User name and contact details;
7.2.2. Description and probable cause of product defects;
7.2.3. order number.
7.3. In the event of a claim regarding non-conformity of the Product, ESTTAC will review the claim within 14 calendar days of receiving it.
7.4. In the event that ESTTAC agrees with what is stated in the claim, ESTTAC has the right to repair the Product or, if this is not possible or practical, ESTTAC will replace the defective Product with a similar non-defective Product. If replacement of the Product is not possible (the Product is not available at ESTTAC or the Product is no longer manufactured), ESTTAC will return the purchase price of the Product to the User's current account for the defective Product within 14 calendar days from ESTTAC's acceptance of the claim.
8. WARRANTY CASES
8.1. The warranty applies to the products only if it is explicitly stated in the text introducing the respective Product in the E-shop. The duration and conditions of the warranty are included in the text introducing the Product in the E-shop or in the documents accompanying the Product.
8.2. If the warranty conditions do not state otherwise, the sales warranty entitles the User to demand the repair of the item free of charge during the warranty period, or, if the repair of the item is not successful, its replacement.
8.3. In the case of product repair during the warranty period, the sales warranty is not extended by the duration of the repair time, but is valid until the initially determined warranty period expires;
8.4. When repairing the Product, the warranty applies to the parts replaced in the Product until the end of the warranty period originally granted to the Product; the warranty period of the Product replaced during the warranty period expires at the time when the warranty period originally granted to the purchased Product should have ended.
8.5. Defects caused by mechanical damage to the Product as well as liquid, moisture, temperature and other similar damage, improper use of the Product, use of the Product contrary to the requirements described in the user manual or natural wear and tear are not covered by the warranty.
8.6. In the event of a warranty case, please contact ESTTAC at the e-mail address info@esttac.ee (attaching the relevant Product sales contract to the contact) or directly to the person responsible for warranty issues indicated in the documentation accompanying the Product (for example, the importer of the Product).
9. ESTTAC'S RIGHT OF WITHDRAWAL
9.1. ESTTAC has the right to withdraw from the sales contract concluded with the User without any sanctions for the following reasons:
9.1.1. the ordered Product is not available from ESTTAC's or the supplier's stock and cannot be obtained within a reasonable time and under reasonable conditions;
9.1.2. according to the legislation in force in Estonia and applicable to transactions, the Product may not be sold to the User (for example, due to age restrictions);
9.1.3. performance of the sales contract is prevented by an objective circumstance that ESTTAC could not foresee, prevent or influence (force majeure).
9.1.4. ESTTAC is not reasonably able to fulfill the sales contract for any other reason.
9.2. If ESTTAC has withdrawn from the sales contract, it will return the purchase price paid under the sales contract to the User within 14 calendar days from the date of withdrawal.
9.3. Before withdrawing from the sales contract in clause 9.1. in the event of the stated basis, ESTTAC may offer the User a product equivalent to the ordered Product, and upon receipt of the User's confirmation of the suitability of the equivalent product, the sales contract shall be considered amended and the User shall be supplied with a product equivalent to the ordered Product.
10. LIABILITY AND FORCE MAJEURE
10.1. ESTTAC shall not be liable under any circumstances:
10.1.1. for possible errors caused by third parties that affect the technical solution of the E-store or cause a situation where the money transfer and, as a result, the conclusion of the sales contract may fail. If problems arise in connection with the money transfer, the User is obliged to inform ESTTAC of them immediately;
10.1.2. For damage caused to the User if the User's identity is used by another person;
10.1.3. in other cases in which ESTTAC's liability is excluded according to the legislation in force in the Republic of Estonia.
10.2. A breach of duty is excusable if the party breached the duty due to force majeure. Force majeure is a circumstance that the party could not influence and, based on the principle of reasonableness, he could not be expected to take this circumstance into account or avoid it or to overcome the impeding circumstance or its consequence at the time of concluding the sales contract.
10.3. ESTTAC is not responsible for delays in the delivery of the Product and misunderstandings that have arisen if the delay or misunderstanding is due to the inaccuracy or incorrectness of the data provided by the User when placing the order, or the User's own delay in acceptance, which is, among other things, the lack of a suitable recipient according to the sales contract on the part of the User at the location of the delivery of the Product at the designated time.
10.4. ESTTAC will under no circumstances compensate the User for any non-pecuniary damage or compensation for non-pecuniary damage paid to a third party, as well as any indirect damage (for example, lost income).
10.5. ESTTAC does not compensate the User for damage that occurs because the User assumed any obligations towards third parties in relation to the Product (for example, the obligation to transfer, pledge, transfer the Product to a third party, etc.).
10.6. ESTTAC does not compensate the User for any damage caused as a result of changes in delivery times, prices and other conditions.
10.7. ESTTAC is not responsible for any damage incurred by the User due to the fact that ESTTAC has exercised the right to withdraw from the sales contract.
10.8. The limitations and exclusions of liability listed in this section do not apply to the extent that such liability is not permitted to be limited or excluded in accordance with legislation.
11. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
11.1. The user undertakes:
11.1.1. provide completely true personal data in the purchase process of the Products, including placing the order under your correct and full name and using a valid e-mail address;
11.1.2. be fully responsible for all activities conducted under his/her identity or from an IP address located at his/her residence or location;
11.1.3. not to use the ESTTAC e-shop for illegal or unethical activities (including illegal use of another person's identity);
11.1.4. not to allow minors and other persons who are prohibited or restricted from making transactions or certain types of transactions to carry out transactions under their own identity in the ESTTAC E-shop.
11.2. The user confirms that he:
11.2.1. is a person with legal and legal capacity who has the right to make transactions enabled in the ESTTAC E-shop;
11.2.2. is aware and agrees that placing an order in the ESTTAC E-shop and paying for the order leads to the conclusion of a binding sales contract;
11.2.3. is aware and agrees that ESTTAC has the right to store the User's personal data and process the User's personal data in accordance with current legislation, these Terms and the personal data processing notice referred to in clause 14.1;
11.2.4. fully and without difficulty understands all the conditions contained in the Terms of Use and fully understands that the use of the ESTTAC E-shop may entail legally binding obligations for him.
11.3. ESTTAC confirms that:
11.3.1. The Products correspond to the descriptions provided in the E-shop and to the expressed characteristics and quality, or in the absence of the above, at least to the average quality typical of such Products;
11.3.2. The data provided about the Products, including the labeling etc. on the Product or its sales packaging or on the label attached to the Product, are correct and correct;
11.3.3. The products are mostly new, i.e. they are sold for first use, unless it is a sale of used goods, which is referred to in the Product description of the E-shop.
12. TRANSMISSION OF NOTICES
12.1. The exchange of information related to e-store notices and sales contracts between the User and ESTTAC takes place in electronic form via e-mail addresses published to each other in the E-store. A notice is considered received by a party when it is sent to the other party's e-mail address or published in the E-shop system. Notifications can also be delivered to the User in writing at the address published in the sales contract.
13. INTELLECTUAL PROPERTY
13.1. ESTTAC's e-shop and all its content, including all used software, website graphics, design, texts, images, trademarks, etc., are the intellectual property of ESTTAC or the intellectual property used by it under license. All of the above is the subject of separate intellectual property rights protection, which the User has no right to use without ESTTAC's written permission.
13.2. With the aim of offering their Products through the E-shop, the manufacturers and suppliers of the Products have granted ESTTAC the right to use their brand, Product descriptions, photos and other property that can be considered as the intellectual property of the said persons.
14. PERSONAL DATA PROCESSING
14.1. ESTTAC processes the User's personal data, which is collected through the ESTTAC website. More detailed information on the processing of personal data is provided in ESTTAC's privacy policy, which can be found on ESTTAC's website.
14.2. ESTTAC is the responsible processor of personal data and transfers the personal data necessary for making payments to the authorized processor Maksekeskus AS.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1. Both the Terms and the Product sales contracts are subject to Estonian law. All disputes that cannot be resolved through negotiations will be resolved in Harju County Court. As a consumer, the User also has the right to appeal to the court of his place of residence.
15.2. About the consumer The user has the right to submit a complaint to the Consumer Disputes Commission through the Consumer Protection Board or to the court. Appealing to the Commission is free of charge for the User, and the User can file a complaint himself or through a representative. The information of the Consumer Disputes Commission is provided on the website of the Consumer Protection Board http://tarbijakaitseamet.ee. If the consumer User is located in another member state of the European Union, the consumer User has the opportunity to file a complaint through the European Commission's online dispute resolution platform located at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main .home2.show&lng=EN.
15.3. Should any provision of these Terms of Use be found to be void, invalid or otherwise inconsistent, this shall not affect the validity of the remaining terms.
These Terms are valid from 28.06.2023.
