Terms of sale in the online store www.rostok.ee
(Obligations of the Parties and Warranty)
1. GENERAL TERMS AND CONDTIONS
1.1. These terms and conditions (hereinafter referred to as the “Purchase Order Terms and Conditions”) shall apply to contracts for the sale of goods ordered at the online store www.rostok.ee concluded between A-Rostok OÜ (hereinafter referred as “the Seller”) and an individual or a legal person ordering goods person (hereinafter referred to as “the Buyer”).
1.2. In addition to these Terms and Conditions, legal relations arising from the purchase of goods through the e-shop of A-Rostok OÜ shall be governed by legal acts of the Republic of Estonia.
1.3. A-Rostok OÜ shall reserve the right to amend these Terms and Conditions and the price list. Amendments and additions to the Terms and Conditions and the price list shall come into force upon their publication on the page of www.rostok.ee. In case an order is submitted prior to the new terms and conditions coming into force, the terms and conditions in force at the time the order has been submitted shall apply, unless otherwise provided by law or these requirements.
1.4. The Buyer shall confirm his/her agreement with the terms and conditions established in this contract by ticking the field “I agree with the terms and conditions of the contract” when placing an order.
2. SHOPPING CART AND PLACING AN ORDER
2.1 The Buyer may place an order at the online store without registration. It is enough to fill in all the necessary paragraphs and fields of the order form.
2.2. The Buyer’s shopping cart will be created after the “Add to Cart” button is clicked.
2.3. The quantity of goods in the cart may be changed. To confirm the changes, click the “Update” button. To continue placing an order, click on the “Continue" button. You will be redirected to the Buyer’s data page.
2.4. On the Buyer’s data page, fill in the required fields and click the “Continue” button. You will be redirected to the page for choosing a delivery method, then to a payment method and to order confirmation.
2.5. Be careful when filling in the data fields. The Buyer is responsible for the correct completion of all paragraphs of the order form. In case of errors or incomplete information in the fields “Name, Surname” and “Delivery Address”, the online store will be fully relieved from the responsibility for completing the order.
2.6. When the delivery method and address is indicated, and the order is paid, the Buyer will see an invoice for the services in the “Order History” section. A copy of the invoice will be automatically sent to the email address specified in the order.
2.7. The contract for the sale of goods shall be considered concluded (come into force) once the payment for the Order is received at the current account of A-Rostok OÜ.
3. PRICE LIST AND PAYMENT
3.1. All prices shown at the online store shall be indicated in euros and contain a valid value added tax of 20%.
3.2. The cost of transportation will be added to the cost of the purchased goods in accordance with the selected delivery method. After the Buyer places the order in the cart, the shipping cost will be added to the cost of the goods in the cart. Shipping costs will be reflected in the invoice.
3.3. The delivery cost will be calculated automatically provided that one order is delivered to one address. In case the Buyer wishes the goods to be delivered to different addresses, it is necessary to place different orders or pay extra for delivery to additional addresses.
3.4. To pay for the goods, select the convenient payment method on the Place an Order page. The order may be paid for in the following ways: * Via the Internet bank (Swedbank, SEB, Danskebank,Nordeabank,LHV-bank, Krediidipank). After the Order is placed and paid for, an invoice will be sent to the Buyer's email address.
3.5. The completion of the Order will start once the payment is received at the current account of A-Rostok OÜ.
3.6. Orders are paid using payment systems provided by Maksekeskus AS.
4. DELIVERY AND RECEIPT OF GOODS
4.1. After the contract came into force in accordance with paragraph 2.8., the goods, received at the A-Rostok OÜ warehouse, will be delivered to the Buyer at the address and by the deadline indicated when the order was being filled in.
4.2. On the Place an Order page, the Buyer shall select the most convenient delivery method. Delivery methods: * courier delivery. The delivery will be provided by the courier service DPD Eesti AS. The goods and accompanying documents will be delivered by the courier by the deadline set and to the address specified in the order. On the day of delivery, a courier service representative will contact the Buyer and coordinate the time of handover of the goods. * customer pick-up from a warehouse of A-Rostok OÜ. The goods will be collected and prepared after receipt of payment. When the goods are ready for handover, we will notify the Buyer at the contact phone number specified in the order or by e-mail.
4.3. If timely delivery of goods is not possible for reasons beyond the control of A-Rostok OÜ, we will notify of the delay at the contact phone number or email specified in the order within 2 days from the date the contract came into force on the basis of clause 2.8, as well as indicate a new delivery deadline of the ordered goods. If, due to the extension of a delivery deadline, the Buyer is no longer interested in the purchase, the Buyer shall have the right to cancel the order, and the amount paid (including shipping costs) will be refunded. To withdraw from the order, the Buyer shall notify A-Rostok OÜ. Payment will be refunded to the Buyer’s account within 7 business days after receipt of the relevant request from the Buyer. A-Rostok OÜ shall not be obligated to indemnify the Buyer for damage incurred in connection with his/her withdrawal from the order.
4.4. Please ensure that the contact details are correct in order to avoid delays and misunderstandings during delivery. A-Rostok OÜ and the courier company shall not be responsible for delivery delays and other misunderstandings if they are caused by inaccuracy or incorrectness of the data entered by the Buyer.
4.5. The goods will be delivered to the address indicated in the order. In case of a change in the delivery address, the Buyer shall undertake to notify A-Rostok OÜ prior to the delivery deadline. Late change of a delivery address may be associated with certain difficulties or additional costs.
4.6. Based on the accompanying documents, the goods will be handed over only to the person indicated in the order upon presentation of his/her identity document. Before accepting the goods and confirming receipt of the goods with a signature on the accompanying documents, it is recommended to carefully inspect the goods. If there is visible damage, it is recommended not to accept the goods. By putting his/her signature on the accompanying document, the Buyer will confirm that at the time of receipt the goods have not been damaged.
4.7. The standard delivery time within the European Union is 1-7 days. In some cases, the delivery time can be up to 14 days.
4.8. We currently ship to the following countries:
5. CANCELLATION OF THE ORDER AND RETURN OF THE GOODS
5.1. The Buyer, after payment for the goods but prior to their delivery, shall have the right to cancel his/her order by sending a respective request to the email address email@example.com or by calling A-Rostok OÜ at 6 555 089. He/she shall indicate the reason for the refusal, order number and his/her current account.
5.2. After receiving the goods, the Buyer will have 14 days to examine the goods. If the goods do not suit, the Buyer may return them within 14 days from the receipt of the goods, according to instructions for returning the goods given in clause 9 hereof. In this case, it is necessary to indicate the order number, the reason for return, the current account and the address where the goods being returned are located. The 14-day right to refuse to purchase will not apply to the following goods: goods ordered based on the buyer’s individual needs or special conditions; goods specially ordered for the Buyer from foreign suppliers or at the factory.
5.3. Upon cancellation of the order in accordance with clause 5.1, or in case of refusal from the goods in accordance with clause 5.2, the Buyer will be refunded with the amount paid for the goods in full, of which the buyer shall pay transportation costs in the amount of up to 10 EUR (see clause 5.5). Money for the goods being returned will be transferred to the Buyer’s current account no later than 14 days from the date we receive a message about return, provided that the Buyer has returned the goods by the same deadline, with the exception of cases specified in clause 5.6.
5.4. A-Rostok OÜ shall incur additional costs for the transportation of goods if the goods were damaged during transportation, if shortcomings or defects were impossible to detect during visual inspection of the goods, or if the goods do not comply with the order due to the fault of A-Rostok OÜ. If the goods are damaged, A-Rostok OÜ shall undertake to exchange the goods as soon as possible. If, due to the extension of a delivery deadline, the Buyer is no longer interested in the purchase, the Buyer shall have the right to cancel the order, and the amount paid by the Buyer (including shipping costs) will be refunded. Payment shall be refunded to the Buyer’s current account within 7 business days after receipt of the respective request.
5.5. Upon returning the goods, A-Rostok OÜ shall reserve the right to demand from the Buyer to pay for transportation costs in the amount of up to 10 euros and to deduct transportation costs from the amount being refunded, except as otherwise specified in clauses 5.4 and 5.8.
5.6. The goods being returned shall be complete (contain all items that were present in the packaging). If the goods being returned are damaged and/or their packaging is damaged or have deteriorated characteristics, which was caused by circumstances not related to A-Rostok OÜ but due to inappropriate use, alteration, improper installation and dismantling of the goods, as well as due to neglect for the goods, by the Buyer, A-Rostok OÜ will reserve the right to revise and recalculate the value of the returned goods, based on the degree of damage caused. In this case, the difference between the amount paid for the goods and reduced value of the damaged goods will be calculated. If the Buyer does not agree with the recalculation related to reduction in the value of the goods, then he/she shall have the right to use the opinion of an independent expert. The costs associated with expert examination will be equally divided between the Buyer and A-Rostok OÜ, unless the position of one of the parties is clearly unfounded. In this case, all costs of the expert examination shall be borne by the party whose claims are obviously unfounded.
5.7. A-Rostok OÜ shall reserve the right to cancel the order if the Buyer has not paid the invoice issued on the basis of the order within 3 days upon receipt of the order.
5.8. If the ordered goods have run out at the supplier’s warehouse, and the Buyer does not agree to the replacement goods proposed by A-Rostok OÜ, the Buyer shall have the right to cancel the order, and the amount paid by the Buyer (including shipping costs) will be refunded. Payment shall be refunded to the Buyer’s current account within 7 business days after receipt of the respective request.
5.9. When returning or exchanging the goods, the Buyer shall provide a purchase receipt and, if required, a manufacturer’s warranty card.
5.10. A-Rostok OÜ shall have the right to refuse to complete the order if, for reasons beyond its control, it is impossible to complete the order. A-Rostok OÜ will immediately notify the Buyer of the refusal to complete the order by e-mail or by phone. At the Buyer’s request, A-Rostok OÜ will undertake to justify in writing the refusal to complete the order. In case of refusal to complete the order, A-Rostok OÜ shall undertake to refund the amount paid to the Buyer within 3 business days. In case of refusal to complete the order, A-Rostok OÜ shall not be responsible to the Buyer or third parties for damage caused by the refusal to complete the order.
6. WARRANTY, RETURN OF DEFECTIVE GOODS AND CLAIMS PROCEDURE
6.1. The warranty for new vehicle parts shall be valid for 12 months or 20,000 kilometers (mileage shall be recorded in a service book or an invoice when the goods were installed). The warranty for goods, for which the manufacturer has set a specific service life, shall be valid for such a service life.
6.2. The warranty shall apply only to the goods purchased at A-Rostok OÜ. The warranty period shall start once the goods are handed over from A-Rostok OÜ to the Buyer. The warranty shall be valid for the first user of the goods. When replacing the goods or their part, the original period will not be extended.
6.3. If it is about a manufacturing defect, then the Buyer shall have the right to demand replacement of the goods. The Buyer shall have the right to demand refund of the full cost of the goods only if, in the absence of a suitable goods, replacement cannot be made within a reasonable time. (VOS, 11.ptk., paragrahv 222(1)). In case of return of defective goods, the Buyer shall be refunded with the amount paid (together with the cost of transportation) to the indicated bank account no later than 14 days upon return of the defective goods.
6.4 If defects are detected in the goods, the Buyer shall undertake to report the problem by e-mail to firstname.lastname@example.org and return the goods according to the instruction for returning goods. In this case, it is necessary to indicate: the defective goods, an order number and a date of purchase of the goods, a start date of operation of the goods, operation of the goods in days and kilometers, a date of detection of the defect, data of the vehicle on which the goods were operated (make, model, year of manufacture, registration number), exact defect description (explanations such as “not working”, “broken”, etc. will not be accepted), the Buyer’s current account, contact details of a third party providing additional information! The Buyer shall undertake to report the detected defect no later than 2 weeks after its detection and provide the defective goods. After this period, the Buyer shall not have the right to demand replacement of the goods from A-Rostok OÜ. When returning or exchanging the goods, the Buyer shall provide a purchase receipt and, if required, a manufacturer's warranty card.
6.5 A-Rostok OÜ shall not be responsible for:
* Deterioration of characteristics / damage to the goods due to the fault or negligence of the Buyer;
* Defects due to careless operation of the goods;
* Defects due to improper use of the goods;
* Normal wear and tear of the goods in the course of normal use.
6.6. The warranty on electrical parts shall be considered only on the basis of a diagnostic certificate.
6.7 The warranty shall not apply to electronic devices in the following cases: electronic devices were not installed in a specialist company, a device was installed in a workshop having no appropriate tools, a device was installed by a person who is not qualified in electronics.
6.8 A-Rostok OÜ shall not reimburse additional costs associated with the replacement of goods that have become faulty during the warranty period (installation costs, transportation, postage, etc.).
6.9. A-Rostok OÜ shall have the right to disassemble the damaged goods in order to determine the causes of failure.
6.10. As a rule, warranty expert examination shall be carried out at the expense of A-Rostok OÜ.
In order to ascertain the reasons of defects detected in the goods, A-Rostok OÜ, at the Buyer’s request, shall undertake to conduct an expert examination or, if necessary, order an independent expert examination. If the expert examination shows that the part is in order or the warranty does not apply to the defect, then the Buyer shall bear the costs associated with the expert examination.
6.11 The defective goods for which reimbursement has been paid will not be refunded. If the defective goods are not subject to replacement under the warranty procedure, A-Rostok OÜ shall have the right to destroy the goods after 30 days, if the person submitted the warranty claim does not demand returning the goods.
6.12. In addition to the rights arising from the warranty conditions, the Buyer shall also have other rights under the law.
7. RESPONSIBILITY OF THE PARTIES AND FORCE MAJEURE
7.1. A-Rostok OÜ shall be responsible to the Buyer, and the Buyer shall be responsible to A-Rostok OÜ for damage caused to the other party by violation of these Terms and Conditions in cases and to the extent established by the legislation of the Republic of Estonia.
7.2. A-Rostok OÜ will not indemnify for moral damages and unimproved opportunities that, in the Buyer’s opinion, may arise if delivery deadlines, prices and other conditions under these General Terms and Conditions have changed.
7.3. The Buyer shall not be responsible for all transactions made using his/her username and password on the website of A-Rostok OÜ.
7.4. A-Rostok OÜ shall not be responsible for damage to or delay in delivery of goods to the Buyer, if the damage or delay in delivery was due to circumstances that A-Rostok OÜ could not affect, and the occurrence of which A-Rostok OÜ did not and could not foresee (force majeure).
8. OTHER CONDITIONS
8.1. All the Buyer’s personal data published during the purchase shall be considered confidential information. An encrypted data transmission channel to banks shall ensure the security of the Buyer’s personal data and bank details. A-Rostok OÜ will not have access to this data as well.
8.2. For matters not covered by these Terms and Conditions, the parties shall be governed by the applicable laws of the Republic of Estonia.
8.3. Disputes arising between the Buyer and A-Rostok OÜ in connection with orders and purchases made through the online store shall be resolved by the parties through negotiations. In case of failure to reach an agreement, the Buyer shall have the right to apply to the Department of Consumer Protection or to court in order to protect his/her rights. When resolving disagreements, the parties shall proceed from the current legislation of the Republic of Estonia.
8.4. Our company is the chief processor of personal data, our company forwards the personal data necessary for making payments to the authorized processor Maksekeskus AS.
9. RETURN OF GOODS
Return of goods (withdrawal from contract, presentation of claim):
To return the goods, you shall fill in the form below, where you shall indicate the reason for return and the desired solution (exchange of goods).
Put the completed request form in the package with the goods. An original packaging of the goods shall be placed in the transportation packaging (a box, a plastic wrap), so that the original packaging is not damaged upon delivery.
Methods of returning goods:
1. We ask you to send the goods being returned by the DPD courier.
2. You can bring the goods yourself to the following address. (Punane 38a, Tallinn Harjumaa) Opening hours: Mon - Fri 09:00 - 18:00.
Address for returning goods: A-Rostok OÜ, Punane 38a, 13619 Tallinn.