Terms and Conditions of Use
1. GENERAL CONDITIONS
These Terms and Conditions of Use regulate the legal relationships arising between GEW elekter OÜ, registry code 11988753, VAT code EE101418397 , Madara 22, Tallinn (Company) and the person who made the purchase (Customer) when buying and selling products and accessories in the karuspot.com sales environment (E-shop).
In addition to these Terms and Conditions, the laws of the Republic of Estonia regulate the legal relationships arising from the distribution of products through the E-shop.
The selection of products, prices and discounts may differ from the product selection, prices and discounts found in the Company’s retail shops.
The prices of the products are given on the product page and the prices include VAT of 20% applicable in the Republic of Estonia.
The corresponding delivery fee for the method of delivery selected by the Customer is added to the price of the products during the ordering process. The delivery method is selected, and the delivery fee is calculated in the shopping cart.
3. PLACING AN ORDER
The Customer adds the product to the shopping cart after selecting the product and, if necessary, the size, and pressing the ‘Add to Cart’ button on the product page.
It is possible to change the quantities in the shopping cart and remove products from the shopping cart until the product is paid for.
To complete the order, you must enter the necessary data in the shopping cart and select the payment method.
The order is considered finalised after pressing the payment button.
The Company sends an order confirmation notification to the Customer’s e-mail address.
If the Product ordered by the Customer is unavailable, the Company cancels the order and refunds the money if no similar product can be offered. The order can be cancelled either partially or completely. The Customer is immediately informed of the cancelled order. In case of partial cancellation, the Company may ask the Customer how he or she wishes to proceed in dealing with the rest of the order – whether to send it or cancel it as well.
The Customer pays 100% in advance for purchases made in the online environment (E-shop).
Orders can be paid for via credit card (Visa, MasterCard), Estonian, Latvian and Finnish bank links, and in the PayPal environment.
The payment is made outside the E-shop in the secure environment of Maksekesus AS (http://maksekeskus.ee/), and in the case of PayPal payments in the secure PayPal environment. The Company does not have access to the customer’s bank and credit card data.
After placing the order and completing payment, the Customer will receive an order confirmation by e-mail, an invoice will be added to the shipment when the goods are delivered.
5. DELIVERY OF PRODUCTS TO THE CUSTOMER
The E-shop delivers products to all Member States of the European Union. Deliveries outside the European Union will be specified separately with the Customer.
Within Estonia, goods are delivered to the Omniva parcel machine, with larger goods being delivered by the Jet Express courier service.
More detailed methods of transport are presented on the separate delivery methods page.
Orders are filled and posted no later than three working days after order confirmation. Product delivery depends on postal services.
6. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE OF PRODUCTS
The Customer has the right to withdraw from the transaction without disclosing the reason within 14 calendar days of receiving the product, by submitting an application in writing (by mail or digital signature), or in a format which can be reproduced in writing
(e-mail), to the Company.
The Company confirms receipt of the application for withdrawal with a notification sent to the Customer.
The Customer is obligated to return the product within 14 calendar days from the submission of the application for withdrawal. The withdrawal period starts from the day when the Customer or a third party named by it, who is not the carrier of the goods, has acquired possession of the product. If the order consists of more than one shipment, the withdrawal period starts from the day the last package was received by the Customer.
In case of withdrawal from the transaction, the Company shall return to the Customer the sums paid by the Customer, by transferring the amount to be refunded to the Customer’s bank account within 14 days from the receipt of the cancellation request by the Company, at the latest. The Company has the right to delay the return of the paid amounts until the Customer has returned the product or submitted a certificate confirming the handing over of the product to the post office for return. When using the right of withdrawal, the Customer bears all direct costs related to returning the product.
In the event that the Customer wishes to exchange, repair or replace the product, the Customer shall give notice of this via e-mail within 14 days after the purchase. In case of exchange or replacement of the product, the Customer shall bear all direct costs relating to the return of the product, unless the returned product does not correspond to the one ordered.
The prerequisite for the returning and exchanging of the product is a completely unused product that still has all the labels and other documents that came with the shipment, including the invoice issued to the Customer.
It is possible to exchange the product within 14 days after the Customer has received the product, if the size of the ordered product was not suitable.
If the product returned to the Company for exchange cannot be exchanged due to the lack of the size desired by the Customer, the Company will contact the Customer.
7. SUBMITTING A CLAIM
The Company is responsible for non-compliance and any defects in the products for a period of two (2) years from the date of acceptance of the products by the Customer.
Upon discovery of the non-conformity of the product or product defects, the Customer undertakes to notify the Company immediately, but no later than within 2 months of becoming aware of the non-conformity, by sending the relevant information to the e-mail address firstname.lastname@example.org.
In the case of a product that fails to conform to the contract or is defective, the Customer has the right to demand the fulfilment of the obligation from the Company, withdraw from the contract, or cancel the contract and demand compensation for damages, a reduction in price, or a fine in the case of a delay in performing the monetary obligation.
In case of the non-compliance of or defect in the product, the Customer has the right to first demand the free repair or replacement of the product with one that meets the requirements and is free of defects, or return the product at the expense of the Company.
The Customer has the right to demand a reduction in the purchase price of the product or termination of the contract and the refunding of the sums paid for the product, if:
• the Company is unable to repair or replace the product
• the repair or replacement of the product fails
• the Company has failed to eliminate the defect in the product within a reasonable period of time
When returning a product that does not meet the requirements, the Customer shall be refunded the amount paid for the product, plus the shipping cost, to the bank account indicated by the Customer, within 14 days, at the latest. The Company has the right to delay refunding the paid amounts until the Customer has returned the product in his or her possession, or provided proof of delivery of the product to the post office for the purposes of being returned.
The Company is not responsible and shall not reimburse the expenses incurred by the Customer in the case of the non-compliance or defects in the product, if:
The product has deteriorated/suffered damage due to the fault of the Customer;
Defects have arisen as a result of the failure to use the product according to its designated purpose, including as a result of the failure to follow the maintenance instructions;
The product has changed due to natural wear and tear from normal use;
There is no document proving the purchase.
In the event of disagreements between the Customer and the Company regarding the defects in the product, the Customer has the right to submit a claim to the Company, stating in writing or in a format which can be reproduced in writing (e-mail) his or her name and contact details, the date of filing the complaint, the defect in the product, and the desired solution. The Company responds to the Customer’s complaint in writing or in a format which can be reproduced in writing (e-mail) within 14 days.
In the event that the Customer and the Company fail to reach an agreement regarding the dispute and if the value of the disputed product is at least EUR 20, the Customer has the right to turn to the Consumer Disputes Committee of the Consumer Protection and Technical Regulatory Authority for an out-of-court settlement of the dispute. The reviewing of a complaint by the Consumer Dispute Committee is free of charge for the Parties. Disputes are resolved based on the laws of the Republic of Estonia.
In case of disagreement with the decision reached by the Committee, the Parties have the right to appeal to the county court where the Company is located.
8. PROCESSING OF PERSONAL DATA
Data stored in the E-shop order environment about the Customer and his or her orders are treated as confidential information. The Company shall not disclose information it has become aware of to third parties.
Data communication between the Customer and banks and the card payment centre is encrypted and takes place in a separate environment outside the online shop, which ensures the security of the Customer’s personal data and bank details. The Company does not have access to the Customer’s confidential bank and payment card details.
The personal data provided by the Customer, which the Company received when the Customer made a purchase, are protected and processed in accordance with the requirements of the Personal Data Protection Act.
Personal data is collected and processed for the following purposes: to make purchase analyses and summaries, to make offers to the Customer, as well as to organise Customer satisfaction surveys.
The Customer’s personal data is processed by GEW elekter OÜ (registry code 11988753, Madara 22, 10613, Tallinn).