E-Shop Terms of Osaühing Genekas24
Valid from 1 May 2022
1. GENERAL PROVISIONS
1.1. These terms and conditions (terms) of the e-shop of Osaühing Genekas24, registry code 16524219 (seller or party) apply to a (buyer or consumer, collectively buyer) who uses the seller's e-shop at the website www.genekas24.ee (e-shop), orders goods from the e-shop (goods), including entering into a sales agreement for the purchase of goods from the e-shop (agreement).
1.2. The agreement is deemed to have been entered into between the parties upon confirmation of the order.
1.3. The agreement documents are comprised of the terms and the order. If there is a conflict between them, priority is given to the order.
1.4. In matters not regulated in the terms, the parties adhere to the general terms of the seller and provisions of law. The seller's general terms are published at: www.profilegrupp.ee
2. MAKING PURCHASES IN THE E-SHOP
2.1. The buyer can purchase goods from the e-shop by adding the goods to the shopping cart.
2.2. The buyer can change the contents of the shopping cart until the order is confirmed. If the buyer cancels the purchase after confirmation, the goods will be cleared from the shopping cart and the buyer must reselect all goods to proceed with the purchase.
2.3. After adding the goods to the shopping cart, the buyer will be directed to the order confirmation page. On the order confirmation page, the buyer must enter their first and last name, country, street/house number, postal code, city/town/village details, telephone and email details. The buyer may also enter company details if they wish.
2.4. After the order has been confirmed, the buyer must select the desired delivery and payment method. The goods are paid for via the bank links provided in the e-shop. After paying for the goods, you must exit the online banking page by clicking on the ‘Back to Merchant’ link.
2.5. The seller has the right to withdraw from the sales agreement entered into in the e-shop and to not deliver the ordered goods if the price or the characteristics of the goods have been displayed in the e-shop incorrectly due to a system error.
2.6. The selection, price and availability of goods may change from time to time and without notice, including a possible quantity limit per buyer.
3. DELIVERY OF GOODS
3.1. The seller delivers the goods to the buyer by the delivery method indicated in the e-shop, as selected by the buyer.
3.2. The buyer pays for the delivery of the goods. In the case of the use of a parcel machine or courier service, the parties deem the goods to have been delivered to the buyer from the moment the goods were handed over to the carrier (courier service provider), in the case of the consumer, from the moment the goods were received by the consumer.
3.3. If the buyer delays in taking delivery of the goods, the seller has the right to store the goods at the buyer's expense. If the buyer is more than fourteen (14) calendar days late in taking delivery of the goods, the seller is entitled to cancel the agreement extraordinarily and to claim from the buyer reimbursement of all costs (eg storage costs) incurred by the seller with regard to the performance and cancellation of the agreement, if possible, setting off such costs against the amount to be returned to the buyer for the goods.
4. POSSESSION AND OWNERSHIP OF GOODS
4.1. The possession of the goods and the risk of damage and destruction are transferred from the seller to the buyer from the moment the goods are handed over to the buyer or, in the case of delays in acceptance, from the moment the buyer is considered to be delaying the acceptance.
4.2. The ownership of the goods is transferred from the seller to the buyer from the moment the buyer has duly made all payments specified in the agreement.
5. FEES AND TERMS OF PAYMENT
5.1. The buyer will pay the seller a fee (hereinafter referred to as the payment) based on the order in accordance with the agreement. The fee includes the price of the goods and the delivery charge.
5.2. Payment of the order by the buyer is deemed to have been made when the amount of the fee has been received on the seller's bank account.
5.3. In the case of delays in payment, the buyer is obliged to pay the seller interest on arrears of zero point zero seven percent (0.07%) of the delayed amount per day until the debt is paid in full.
6. COMPLIANCE OF THE GOODS WITH AGREEMENT, ELIMINATION OF DEFICIENCIES
6.1. Upon receipt of the goods, the buyer is obliged to immediately inspect the goods and, in the case of deficiencies, notify the seller thereof in a format reproducible in writing. Complaints must be submitted as soon as possible, but no later than two (2) months after the discovery of the defect of the goods.
6.2. If a deficiency is discovered, the consumer must take reasonable steps to preserve and protect the goods,
6.3. In order for the complaint to be resolved, the consumer must still have the purchase documents to prove the purchase of the goods from the seller's e-shop.
6.4. If the goods are deficient and the buyer has notified the seller of this in due time, the buyer may require the seller to repair or replace the goods if this is possible and does not cause the seller disproportionate costs compared to the use of other legal remedies, taking into account all the circumstances, including the value the goods would have had if they were not deficient, the significance of the deficiency and the possibility for the buyer to use another legal remedy without significant inconvenience.
6.5. If the deficiency in the goods must be remedied by repair or replacement, the buyer must make the goods available to the seller.
6.6. The seller bears the costs of repairing or replacing the goods, including transport and material costs.
7. ENTRY INTO FORCE, VALIDITY AND TERMINATION OF THE AGREEMENT
7.1. The agreement enters into force upon being entered into and remains in force until the parties have properly performed their obligations under the agreement. Upon entering into an agreement, the parties consider agreements made prior to entering into the agreement invalid.
7.2. If the agreement is extraordinarily terminated by the buyer, all financial obligations of the buyer before the seller become collectible on the cessation date of the agreement.
7.3. The consumer has the right to withdraw from the agreement within fourteen (14) days from the delivery of the goods to the consumer.
7.4. The consumer does not have the right to withdraw from the agreement concluded by means of distance communication (distance contract) within fourteen (14) days if the order is to be fulfilled taking into account the buyer's personal needs or in accordance with the conditions proposed by the buyer.
7.5. Upon withdrawal from the agreement, the consumer will bear the direct costs of returning the goods.
8. PROCESSING OF PERSONAL DATA
8.2. If the seller processes the consumer's personal data on the basis of consent, the consumer has the right to withdraw their consent at any time.
8.3. When processing personal data, the parties comply with the requirements or applicable legislation.
9. AMENDMENT OF THE TERMS
9.1. The seller has the right to unilaterally amend the terms. Amendments and supplements take effect fourteen (14) days after the new version of the terms has been published on the seller’s website.
10.1. Notices related to the agreement are forwarded by telephone, email or post to the contacts specified in the agreement. Claims arising from a breach of the agreement will be made in writing.
10.2. A written notice sent by post is considered received by the other party after three (3) calendar days of its posting.
11. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
11.1. The valid legislation of the Republic of Estonia is applicable to the agreement.
11.2. The parties aim to resolve disputes arising from the agreement through negotiations.
11.3. If the parties do not reach an agreement through negotiations or the negotiations are interrupted, the parties have the right to turn to the Harju County Court to protect their rights.