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These terms and conditions are valid from 01. 01. 2012.
1. GENERAL PROVISIONS
1.1. APSHOP.EU is an online store (e-shop), registered in the register of economic activities of the Republic of Estonia.
1.2. The owner and operator of Internet-shop apshop.eu is the company Eemann Group OÜ with the registration number 11268237 located at Pihlaka 22-25, Tallinn 11211, Estonia, hereinafter referred to as Seller.
1.3. These terms and conditions govern the relationship between the Seller and the Buyer when purchasing by the Buyer of goods distributed via the Internet-shop apshop.eu and their delivery to the Buyer.
1.4. The Buyer, within the meaning of these terms is the natural or legal person which has a legal capacity and sui juris, resident or a non-resident of the Republic of Estonia. For the purchase and delivery of certain categories of products distributed through the Internet-shop, a Seller may also require additional documents, licenses, permits, etc., to acquire, store, or receive and/or send by post for specified categories of goods.
1.5. A consumer is a natural person who concludes a transaction not related to an independent economic or professional activity.
1.6. Order online is the conclusion of the contract of sale. These terms and conditions are the terms of the contract of sale.
1.7. In their relations, the Buyer and the Seller are governed by these terms and conditions, as well as the legislation of the Republic of Estonia.
2. REGISTRATION AND PERSONAL INFORMATION
2.1. To purchase a product that is distributed via the Internet-shop, the Buyer must be registered. During the registration the Buyer provides Seller personal information to the extent necessary to carry out the order and its delivery.
2.2. The Seller undertakes to store and use the personal data supplied by the Buyer in full accordance with the law of the Republic of Estonia "on personal data".
2.3. The Seller undertakes not to disseminate publicly and/or to limited number of persons for charge and/or free of charge personal information received from the Buyer except in cases where the indication of the personal data is necessary for the transfer of the goods to the Buyer (including specifying the delivery address on the packaging of the goods in the consignment note).
2.4. Seller is not responsible for the accuracy of the data provided by the Buyer. The Buyer is responsible for orders that are not executed or executed with delay, unless the supply or delay in supplying the goods occurred due to the fact that the Buyer pointed out incorrect data.
3. ORDERING GOODS
3.1. All prices in our web shop are in Euro including VAT. For customers - legal entities or sole proprietor, non-residents of the Republic of Estonia, but resident in another country of the European Union for the sale of goods without VAT valid VAT number should be provided to the Seller.
3.2. To order, the Buyer adds the selected items in the required amount in the virtual shopping cart. Addition of item in the virtual shopping cart is made by pressing the button "Add to basket" button located on the item description page.
3.3. After filling a virtual shopping cart with selected goods, the Buyer goes to checkout. To place an order Buyer checks delivery address, entered during the registration and if necessary, changes it, select shipping method and pays with any method proposed by the system. An order is deemed made from the date of receipt of the required amount to the Sellers account.
3.4. Goods limited in circulation within the meaning of the Estonian legislation cannot be delivered by mail and can be obtained by the Buyer in Head Office of Internet shop at: Männiku tee 96 g, Tallinn, Estonia. To receive such goods, resident of the Republic of Estonia is obliged to provide a valid permit for its acquisition. To send goods limited in circulation and movement across the State border of the Republic of Estonia, non-residents are required to provide a package of documents authorizing the export, transportation and importation to the territory of the country of residence of the selected item.
3.5. The restrictions stated in section 3.4. of these terms and conditions are stated in the product description in our online store.
3.6. Goods are delivered in the manufacturer's packaging, unless otherwise stated in the product description.
3.7. The Seller reserves the right, within 5 (five) days to inform the Buyer about the impossibility of performance of the order due to the lack of necessary goods or quantities of selected goods in the warehouse of the Seller or manufacturer and offer him the opportunity to choose a product. Order cost is recalculated in line with the new structure of the order. If after adjustment purchase price will be more than previously paid the purchase price, the Buyer shall pay the difference to the Seller. If after adjustment purchase price is less than the previously paid the purchase price, the Seller returns the difference to the Buyer within 14 banking days from the moment of defining a new purchase price.
3.8. Orders are accepted 24 hours.
3.9. At the request of the Buyer, possessing the status of consumers within the meaning of article 34 of the law of obligations of the Republic of Estonia, the Buyer has the right under the legislation of the Republic of Estonia to make 50% deposit of the purchase price until the moment of its receipt. In this case, the Buyer shall picks up product from the Sellers head office and pays the remaining 50% of the purchase price in cash to the Seller upon receipt of the goods. In this case delivery by post is not applicable.
4. ORDER AND PAYMENT METHODS
4.1. Payment is made at the time of placing an order in any proposed method. Payment can be made by credit card or bank transfer.
4.2. The product is considered as paid from the moment of receipt of the required amount to the Sellers current account.
4.3. The right of ownership of goods passes from the Seller to the Buyer upon full payment.
4.4. Order, which was not paid within seven (7) days, is canсelled.
5. DELIVERY OF GOODS
5.1. Delivery of goods on the territory of the Republic of Estonia is made by courier or postal organization or the goods can be accepted by the Buyer at the local shop/stock of the Seller, chosen by the Buyer during ordering the selected goods. The risk of accidental loss of or damage of the goods passes to the Buyer upon receipt of the goods by the Buyer.
5.2. Delivery outside of the Republic of Estonia is made by courier or postal organization. The risk of accidental loss of or damage of the goods shall pass from the Seller to the Buyer from the moment of the handing over of the goods to the courier or postal organizations for its delivery.
5.3. The Seller undertakes to properly pack and label the goods. Packing and marking of goods must ensure its safety during transportation.
5.4. If the ordered products are in stock of the Seller in the required amount, shipping will be made within 7 (seven) working days from the date of payment. In case the ordered goods and the necessary quantity of the goods are not in the Seller’s stock, but is present in manufacturer’s stock, the shipment shall be carried out within 30 (thirty) days from the date of payment of the goods by the Buyer, unless otherwise determined by the Seller.
5.5. If the selected delivery method specified by the Buyer in the region or country for any reason is not possible, the Buyer and the Seller determine another shipping method and cost.
5.6. In case of not receiving the goods from the carrier, the Buyer bears the costs for the return of the goods and, where necessary, pays its resubmission to the Buyer.
6. WARRANTY TERMS AND PROCEDURE FOR SUBMISSION OF CLAIMS, THE RIGHT OF REJECTION OF THE CONTRACT
6.1. Buyers-natural persons who are not sole proprietor, and having the status of a consumer within the meaning of article 34 of the law of obligations of the Republic of Estonia have the right to return the goods to the Seller and to terminate the contract of sale, in conformity with art. 56 the law of obligations Act of the Republic of Estonia, if for any reason it is needed.
6.2. When returning the goods in accordance with clause 6.1. of these terms and conditions, this product should not be used and must be packed in the original packaging; original packaging must not be substantially damaged, the Buyer must take all measures to limit damage to the packaging of the goods during the unpacking of goods; the goods should be fully staffed; the product must have the manufacturer's labeling, including the serial numbers of the goods.
6.3. Upon cancellation of the contract of sale in accordance with clause 6.1. of these terms and conditions, the Buyer pays the cost of shipping of the goods to the Seller. The goods must be packaged and labeled in such a way that it has not been damaged during transport.
6.4. The Buyer shall promptly inform the Seller of its wish to withdraw from the contract of sale in accordance with clause 6.1. of these terms and conditions and for no more than within 14 days return the goods to the Seller. Product is deemed returned upon receipt by the Seller.
6.5. The Seller shall, within 30 days of receipt of the goods and their examination return the purchase price paid by the Buyer, unless the Buyer and the Seller agree otherwise.
6.6. The Seller does not fulfill guarantee repair. In the event of a warranty case, the Seller acts as an intermediary between the Buyer and the manufacturer of the product, or warranty repair shop.
6.7. The claim period for Buyers - natural person not sole proprietor, and having the status of a consumer, is 24 months.
6.8. The warranty period for a product is determined by the manufacturer.
6.9. The Seller is not responsible for:
6.9.1. Deterioration/damage to the product due to Buyers fault;
6.9.2. Deficiencies that have arisen in the product as a result of irregular use;
6.9.3. Usual wear and tear of the goods as a result of normal use.
6.10. An invoice or proof of purchase of the goods from the Seller forms the basis for making warranty repair of the product.
6.11. The time during which the goods were on warranty repairs and/or service does not extend the warranty period.
6.12. The warranty period starts to run from the date of receipt of the goods by the Buyer.
6.13. In case of a warranty case, the Buyer must immediately notify the Seller, specify details, and send to the Seller or the Seller's service center a copy of the document confirming the purchase and hand over the goods.
7. ACT OF GOD
7.1. Breach of an obligation is excused if one of the parties has violated an obligation due to force majeure. Force majeure is the circumstances that the party could not influence, and, on the basis of the principle of reasonableness, the party could not be expected to acknowledge or prevented this fact, or either broke circumstance or prevent the consequences.
8. DISPUTE SETTLEMENT PROCEDURE
8.1. All disputes, associated with compliance with these conditions, ordering goods from the online store and delivery of the ordered goods shall be resolved by negotiations. Upon failure to reach agreement on the subject of the dispute by negotiation within 30 calendar days, the dispute shall be submitted for consideration in the Harju County Court of the Republic of Estonia and shall be seen with the Estonian legislation.
Prices are tax included