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General terms and conditions of Sportkid e-shop

1. General provisions

1.1 General Terms and Conditions (hereinafter: Terms) apply to all legal relations arising between all persons (hereinafter: the Buyer) and e-shop www.test1.eu, belonging to test1.eu OÜ, reg. code 12421770, (hereinafter: the Seller) as a result of  purchase of goods in Sportkid e-shop.

1.2 Upon the arising, fulfilment and termination of of legal relations as a result of  purchase of goods in the Seller´s e-shop and upon the interpretation of them and upon settling any disputes arising from them the provisions of the Terms shall be applied,  in case of absence of relevant provisions in the Terms the law of the Republic of Estonia shall be applied.

1.3 The Seller has the right to change or add the Terms and price list. Changes and additions to the Terms and price list shall take effect from the date of publication on the website www.test1.eu. In case an order placed before the entry into force of the new Terms, the Terms valid at the time of placing the order will be applied, except in cases where the law or the Terms provide otherwise.

1.4. Pictures of goods in the e-shop are illustrative. In connection with the possible lack of data from manufacturers information on the goods in the Seller´s e-shop may contain inaccuracies. In this case, the Seller´s e-shop is not responsible for the accuracy of the information about the goods.

1.5. Stock status of the goods can be changed with no prior notice. In this case, the Seller reserves the right to refuse to sell the goods and repay the money received from the Buyer onto his banking account within 14 days.

1.6. The Seller reserves the right to refuse to sell the goods due to human error occurred in the publication of prices or technical fault in the system.

1.7. By ordering in the Seller´s e-shop and making payment the Buyer confirms that he is familiar with the General terms and conditions of sale and accepts them.

1.8. By using the Seller´s website the Buyer gives to the Seller his clear and deliberate consent to the processing of his personal data. 

2. Prices

2.1. Prices in e-shop are valid in case of timely payment of invoice in accordance with the Terms.

2.2. All prices include value added tax.

2.3. The Seller reserves the right to change prices. If the Buyer placed the order before the Seller changed the price, the new price for the Buyer in this case does not apply and for him the price is valid that was listed on the site at the time of ordering. The Buyer has no right to claim for compensation of such price difference.

3. Shopping and order placement

3.1. Quantity of the goods in the basket can be changed. To accept the changes it is necessary to click the button "Update the basket“. To continue the checkout it is necessary to click the button "Continue". You will be redirected to the page with Buyer's data.   

3.2. On the page with Buyer's data fill in the required fields and click "Continue shopping". You will be redirected to the page with order confirmation and selection of a payment method.

3.3. Be careful when filling the fields with Buyer's data, contact details and order confirmation to avoid delays and confusions during delivery. The Seller (or its authorized courier company) is not responsible for delays in delivery and other misunderstandings in the event that they are caused by inaccurate or incorrect input data by the Buyer.

3.4. The Seller will send to the Buyer confirmation of acceptance of the order.

3.5. Sales Contract (hereinafter: the Contract) shall be deemed concluded (in force) from receipt of full sum for the order to the account of the Seller after order confirmation.

4. Methods of payment for goods

.1. For payment it is necessary to choose on the checkout page the suitable payment method.

4.2. There are foloowing payment methods:

1) via internet bank (through bank links) or via system Pay Pal;

2) on the basis of the invoice - on the order confirmation page by clicking on "pay on the basis of the invoice," and then the invoice will be sent to the e-mail. Order confirmation will be sent by e-mail after the payment of the invoice in full;

3) by credit card.

4.3. The order and the invoice will be canceled if the money for the order has not been received within 3 days from placement of the order/sending the invoice.

5. Delivery and transfer of goods

5.1. After the Contract has entered into force in accordance with the Terms the goods with the documents will be delivered to the Buyer to the address stipulated in the order and on  time agreed in advance by the contact phone numbers. The Buyer is obliged to accept the goods at the specified place and time. Delivery address can not be changed. The Seller is not responsible for the delay and confusion encountered in the delivery of the goods in case where the delay and confusion caused by inaccurate or incorrect input data by the Buyer during placementthe order.

5.2. If the ordered goods are out of stock and subject to special order from the supplier, and cannot be possibly delivered in time period specified in the product card, as well as other situations where the timely delivery is not possible due to circumstances which the Seller cannot be held responsible for, the Seller informs about delay by the contact phone number or e-mail specified in the order within 2 working days from the date of entry into force of the Contract, and also indicates a new delivery term of the ordered goods.   

If due to the extension of delivery the Buyer will no longer be interested in the goods, the Buyer has the right to cancel the order in accordance with the Terms, and the amount paid by the Buyer for the goods will be refunded. In the case of the purchase of goods on order, an invoice for prepayment of 100% will be send.

5.3. The goods will be transfered with the way bill. Before signing the way bill, it is necessary to inspect the package condition, and in case of external damages specify it in the way bill. In case of damaged package, please send an e-mail info@test1.eu, or contact the Seller by phone +372 6417001.  

5.4. The ownership to the goods will be transferred to the Buyer by transfer of the goods to the Buyer and by payment for the goods in full.

5.5. The risk of accidental loss or damage to the goods passes to the Buyer by transfer of the goods. The risk of accidental loss or damage to the goods passes to the Buyer also at the time when the Buyer is in delay with the performance of the action which should facilitate the transfer of the goods, especially if he does not accept the goods.

6. Withdrawal from the Contract

6.1. After receipt of the goods, the Buyer may return them (the right to withdraw from the Conract) or exchange for another goods within 14 days of receipt of the goods by sending unequivocal application for withdrawal to the Seller´s e-mail info@test1.eu or by using a standard form of application for withdrawal (standard forms are available: https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa1.pdf# ja https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa2 .pdf #) and returning the goods by post to the address Villardi 22 -18, Tallinn 10136. The Buyer immediately, but not later than within 14 days from the sending of the application for withdrawal, has to send the goods back to the Seller.

6.2. The Buyer shall bear all costs related to return of the goods.

6.3. In case of return of the goods with signs of use, the Seller has the right to refuse to accept the goods. In case the Buyer does not agree with non-acceptance of the returned goods shall have the right to engage an independent expert assessment of the goods. The costs of an independent examination shall be borne by the Party against whom the decision is made ​​by the expert.

6.4. In case of withdrawal from the Contract, the total amount paid by the Buyer will be refunded onto the banking account of the Buyer not later than withing 14 days from the date of receipt by the Seller of application for withdrawal and receipt of the goods by the Seller. Delivery cost is not refundable.

6.5. The returned goods must not be used and must be in original packaging. The returned goods must be complete (contain packages and all the items that were in the package). If the goods were purchased during the campaign, where the goods were attached with other items, the full set (i.e. all goods) will be returned.

6.6. Ordered goods are not refundable in the event that it is made according to the individual requirements of the Buyer, or on request, or under the terms of the Buyer. In addition, the goods cannot be returned in a sealed bag, non-refundable for health and hygiene reasons, and if it is opened after delivery.

6.7. The Buyer can rely, upon non-compliance of the object of Contract with the terms and conditions of the Contract, on the legal remedies provided by law.

7. Guarantee

7.1. The Seller is responsible for the defects discovered within 1 year from the date of transfer of the goods to the Buyer.

7.2. In case of a defect of the goods, the Buyer is entitled to demand repair of the goods, by sending to the Seller´s e-mail info@test1.eu a message, which should indicate the name of the Buyer, contact telephone number, order number and a precise description of the of non-conformity or defects of the goods with pictures. If the repair of the goods is not possible or is not reasonable, then the Buyer has the right to demand the replacement of the goods with without defects one.

7.3. During the guarantee period claims can only be presented based on the original document certifying the purchase.

7.4. Guarantee does not apply to training in using of the goods, goods adjustment, maintenance, cleaning, marketable condition recovery, as well as the elimination of defects caused by failure to observe the rules of use or caused during transportation after the transfer to the Buyer.

7.5. During the guarantee period the Seller does not provide free repair of the defects, in the event that they are caused by:

1) derating/damage of the goods caused by the fault of the Buyer;

2) defects caused by improper use of the goods;

3) normal physical wear of the goods in the course of normal use;

4) improper use or maintenance of the goods (also if the goods have been repaired or serviced by a person not authorized by the manufacturer);

5) damage, replacement or removal of the serial number, the reference mark or label of the goods and/or parts;

6) defects about which the Seller infroms the Buyer before purchasing the goods;

7) external factors (including humidity, ingress of liquids, mechanical damage, etc.);

8) the goods can not be used due to the fault of the Buyer as a result of improper use, failure to follow instructions for the use or negligent treatment, maintenance or overload.

7.6. Defining responsibility the Seller referes to the examination carried out by an authorized representative of the manufacturer. If the examination reveals that the defects were caused by the factors mentioned in paragraph 7.5., and defects could be repaired, then the Buyer has the opportunity to order a chargeable repair. The goods damaged due to humidity or liquids and/or mechanical damage can be repaired only for a fee.

7.7. The Buyer pays for expertise of goods the expertise fee in the event that the Seller is not be liable for any defects of the goods and if the repair of the goods is not possible. The Buyer also pays the expertise fee in case if in th goods was not found defects and the goods can be used according to the technical and other requirements of the manufacturer.

7.8. The Buyer - a private person shall not pay the expertise fee during the first 6 months from the date of delivery of the goods.

7.9. If the Buyer does not agree with the expertise the Buyer has to prove and confirm that:

 - there is the defect (non-compliance with the Contract);

- defect or its cause was present at the time of delivery of the goods;

- the Seller is responsible for the defect.

7.10. In addition to the rights arising from the guarantee the Buyer also has other rights arising from law.

8. Responsibility

8.1. Party shall bear responsibility for the damage caused to the other party by breach of the Terms in cases and to the extent prescribed by the legislation of the Republic of Estonia.

8.2. The Seller is not responsible for damage caused to the Buyer, or delay in delivery of the goods if the damage or delay in delivery caused by circumstances which the Seller can not affect, and the occurrence of which the Seller did not foresee and could not have foreseen.

9. Miscellaneous

9.1. All personal data of the Buyer, which became known during a visit of the Seller´s e-shop and making a purchase, is treated as confidential. The Buyer upon entry into force of the Contract gives its consent and the Seller shall have the right to disclose the Buyer´s information to third parties providing services to the Seller (business partners, whose obligations include the delivery of goods or the provision of financial services, etc.) or in other cases provided by law. Encrypted data transmission channel ensures the security of personal data and banking details. The Seller does not have access to this data.

9.2. The Seller has the right to assign to third parties or pledge claims arising from the Contract, including under factoring contracts.

9.3. Disputes arising between the Buyer and the Seller in connection with orders and purchases via the Seller´s e-shop will be resolved by negotiations. In default of amicable resolution, any dispute arising from or related to the Contract shall be settled by Harju County Court (Harju Maakohus).