General terms and conditions of the online store and the terms and conditions of placing orders
1. The scope and validity of the terms and conditions
1.1 These general terms and conditions and the terms and conditions of placing orders (hereinafter the Terms and Conditions) of Respo Haagised AS (hereinafter the Seller) are applicable to all persons (hereinafter the Buyer) who use the online store of www.respo.ee (hereinafter the Online Store) to order goods and services (hereinafter the Goods) and therefore entering into Purchase and Sale contract (hereinafter the Sales Contract).
By accepting the terms and conditions, the Buyer confirms that they have familiarised themselves with the terms and conditions of the Sales Contract, agree to and will follow the terms and conditions.
2. Purchasing goods and placing orders in the online store
2.1 The Goods with the link ‘Add to cart’ can be purchased from the online store. The prices of the Goods and the availability of the Goods may change without prior notification. If the Buyer has placed the order before the change in price, the price which was valid at the moment of placing the order, will apply.
2.2 The Seller may withdraw from a Sales Contract entered into via the online store and forego delivering the Goods or providing the service in the following cases: the Goods are out of stock; the status of the Goods in the online store is ‘The goods are being ordered’, which means that the goods are out of stock; the price or features of the Goods have been displayed incorrectly in the online store due to a system error.
2.3 The cart and placing an order
The amounts of the Goods in the cart can be changed. To order Goods, the preferred delivery method should be selected. The delivery method is specified on the page of placing the order. Having read these terms and conditions of placing orders in the online store, please confirm your consent by ticking the box in front of the terms and conditions.
In order to confirm the order, the Buyer is required to click on ‘Next’, after which the Buyer is directed to a page for submitting their details. Next, the delivery method and address should be specified. In the last step of placing an order, the Buyer can select the payment method. Then, the summary required for checking and confirming the order and making the purchase is displayed to the Buyer. The Buyer can pay for the purchase. The Buyer should check all details carefully when placing an order, as the quick and uninterrupted delivery of the products ordered depends on this.
The Sales Contract will be deemed entered into upon receipt of the amount payable (based on the order confirmation) on the bank account of Respo Haagised AS or upon signature of a contract for payment on deferred terms. Orders which remain unpaid are not fulfilled by the Seller.
2.4 Payment for the Goods
The Goods can be paid for via bank links to online banks (Swedbank, SEB, LHV Pank, Citadele, Luminor), Esto installments, LHV installments, Inbank installments or by a credit card.
When the payment has been made, the online store will send an order confirmation and invoice to the Buyer.
All personal data obtained in the course of the customers’ visits to the Respo online store and placing of orders are treated as confidential information. An encrypted data connection channel with banks ensure the security of the Buyer’s personal data and bank details. The representatives of Respo Haagised AS have no access to the encrypted data in question.
2.5 Delivery and handing over of the products
The Goods are delivered to the delivery address specified by the Buyer in the order. If the Buyer selects the ‘Collecting from Tõrvandi/Peetri’ delivery method, the Goods ordered will be received from the respective branch of Respo Haagised AS, either from Tõrvandi in Tartu County or from Rae Parish in Harju County. The Buyer is notified of the delivery time by using the contact details provided upon placing the order. The Goods ordered are delivered based on the terms and conditions of delivery which were applicable when the order was placed.
In order to prevent any delays or misunderstandings in the delivery of the Goods, the Buyer should make sure that they provide accurate contact details when placing their order. Respo Haagised AS and the courier company will not be held liable for any delays or misunderstandings in the delivery process which arise from inaccurate or incorrect data provided by the Buyer when placing the order.
The Goods are handed over only to the Buyer and based on the delivery note. Prior to signing the delivery note, please examine the packaging of the Goods carefully and, in case of finding any damages, add a respective comment to the delivery note. If the packaging is damaged, the Buyer may refuse to accept the shipment and/or immediately notify the customer service of Respo Haagised AS thereof by e-mailing epood@respo.ee.
The Goods can be handed over to a third party on the basis of a power of attorney and if the Buyer has specified in the order that the Goods will be received by a third party. The Seller may authorise third parties to deliver the Goods (incl. use a courier service).
If the Buyer fails to collect the Goods within 14 (fourteen) days after the agreed delivery date of the Goods, the Buyer will be deemed to have violated the Sales Contract and refused to accept the Goods. The Seller may withdraw from the Sales Contract unilaterally, claim compensation for damages (e.g. the expenses of storing or registering the Goods), and set off the damages caused to the Seller against the amounts paid by the Buyer in advance.
2.6 The right of withdrawal
This procedure of withdrawal is not applicable to withdrawal from a consumer credit contract. Consumer credit contracts can be withdrawn from pursuant to the procedure laid down in the contract.
2.6.1 The Buyer may withdraw form a Sales Contract entered into in the online store within 14 days without specifying a reason.
2.6.2 The period of withdrawal will expire 14 days after the date on which the possession of the Goods is physically taken over by the Buyer or a third party specified by the Buyer.
2.6.3 In order to use the right of withdrawal, please notify the Seller of the decision to withdraw from the Sales Contract by submitting a written application at the Seller’s branch or by e-mail.
The contact details:
Respo Haagised AS
Tamme 21, Tõrvandi, Kambja vald, 61715, Tartumaa
epood@respo.ee
tel. 730 1841
2.6.4 Inapplicability of the right of withdrawal
The right of withdrawal is not applicable if:
a. The object of the Sales Contract is a gift card and the unique code in the card has already been used.
2.6.5 Withdrawal from a Sales Contract
a. In the case of withdrawal from a Contract, Respo Haagised AS will refund to the Buyer all payments received based on the Sales Contract, incl. the delivery cost (except any further costs which arise from the delivery method selected by the Buyer which is different from the cheapest regular delivery method provided by Respo Haagised AS), immediately, but not later than 14 days after the date on which the Seller is notified of the Buyer’s decision to withdraw from the Sales Contract.
b. Respo Haagised AS will make the above-mentioned payments by using the same payment method which was used by the Buyer to make the payment, unless the Buyer has asked for another method to be used. There are no service fees or other expenses charged from the Buyer in connection with such refunds.
c. The Buyer should return the Goods to Respo Haagised AS immediately, but not later than 14 days after the date on which they notified Respo Haagised AS of withdrawal from the Sales Contract. The Goods may be returned to the factory of Respo Haagised AS in Tõrvandi or to the Peetri branch in Rae Parish. The Buyer will be deemed to have returned the Goods within the required period of time if the Goods which form the object of the Sales Contract are returned before the expiry of the 14-day period.
d. The Seller may refuse to refund the Goods until the Seller has received the Goods which form the object of the Sales Contract or the Buyer has provided proof of having returned the Goods to the Seller, depending on which occurs first.
e. If the Buyer would like to prevent being required to compensate for any deterioration in the value of the Goods, they should use and test the Goods in a manner in which they would be able to do this in a regular store and the Goods should be returned in the original packaging and state of completion (include all items, as well as any gifts received with the Sales Contract).
f. The direct costs of returning the Goods are incurred by the Buyer.
g. Respo Haagised AS may submit claims to the Buyer arising from deterioration of the value of the Goods within one month after returning of the Goods.
h. If the Buyer has used or tested the Goods returned in a manner which differs from the manner which would be normally permitted in a store or used the Goods more than required to check the nature, features, and functioning of the Goods, the Buyer will be held liable for deterioration in the value of the Goods and the Seller may set off this amount against the purchase price to be refunded. If the Buyer does not agree with the deterioration in the value determined by the Seller, they may contact an independent expert for a second opinion. The party whose position will turn out to be ungrounded will cover the costs of the independent expert. If it is impossible to determine such party, the costs of the expert assessment will be split in half between the Buyer and the Seller.
2.7 Cancellation of a Sales Contract
The Buyer may cancel their order after payment for the Goods and prior to delivery of the Goods without incurring any further costs. In order to cancel a Sales Contract/an Order, the Buyer should e-mail the respective notice including the number of the Sales Contract to epood@respo.ee. The Buyer will receive confirmation of the cancellation of the Sales Contract.
3. Data protection and the principles of data processing
3.1 The Seller will ensure protection of the Buyer’s data, incl. personal data, and use thereof pursuant to the procedure laid down in the privacy policy. The Buyer is required to confirm having read and consenting to the terms and conditions of the privacy policy. Based on the legislation in force and the provisions of the privacy policy, the Seller may process the data (incl. personal data) without the Buyer’s consent in the extent to which this is required for using the online store, fulfilling the Sales Contract, or ensuring fulfilling the Sales Contract. Based on the above, the Seller may, among other things, without separate consent: send the Buyer notices related to using the online store, incl. notices which are sent to ensure the security of the online store user; retain the details of the orders placed by a logged in Buyer in order to provide better service to the Buyer and to prove that the transactions are completed, incl. the details of the orders which were not finalised by the Buyer in the course of a specific session, for a reasonable period of time.
3.2 If the Buyer has, by entry into the Customer Contract or in another manner, given their consent by expressing their interest (e.g. over self-service) for using the data for marketing purposes, the Seller will use the data under the terms and conditions and for the purposes specified in the privacy policy, incl. for sending personalised direct marketing, campaign and discount information concerning services and goods to the Buyer electronically (e.g. by e-mail or text messages).
3.3 The Buyer may, at any time, withdraw the consent given for using their data for marketing purposes by sending a respective e-mail to the Seller or by following the instructions in the direct marketing offers e-mailed to them to reject further messages.
4. Liability and settling of disputes
4.1 In the case of having received Goods which are not compliant with the terms and conditions of the contract (defective Goods), the Buyer may submit claims to the Seller within 2 (two) years after the date of handing over the Goods. The claims should be submitted immediately, but not later than 2 (two) months after detecting the defect. Having detected a defect, the Buyer should implement reasonable measures to ensure the preservation of the Goods and to protect the Goods, including refrain from using defective Goods if using the Goods would deteriorate the condition of the Goods further.
4.2 If the Goods are not compliant with the terms and conditions of the contract, the Buyer may use the legal remedies established in the legislation, incl. request repairing or replacement of the Goods or withdraw from the Sales Contract and return the non-compliant Goods.
4.3 Respo Haagised AS will not be held liable for deterioration of/damages to the Goods caused by the Buyer, for any deficiencies caused by using the Goods in a manner which differs from the using the Goods for the intended purpose thereof, or for normal wear and tear of the goods caused by regular use.
4.4 If the Seller or the manufacturer has provided a sales warranty for the Goods, the terms and conditions of the warranty are handed over to the Buyer in writing with the Goods and/or are made available electronically in the online store.
4.5 For settling any future claims, the Buyer should retain the purchase documents (invoice, contract, etc.) which prove that the Goods were purchased from the Seller’s online store. The Seller / customer attendant may refuse to settle a claim if the Buyer cannot present a document which proves the sales transaction.
4.6 Any claims concerning the Goods purchased from the online store can be sent to AS Respo Haagised online store, Tamme 21, Tõrvandi, Kambja vald, 61715 Tartumaa; or e-mailed to epood@respo.ee .
4.7 The defective Goods should be presented with the claim. If expert assessment of the Goods is required to determine the nature and the reason of the deficiency of the Goods, the Seller and the Buyer will enter into a contract for maintenance and repair works of the goods.
4.8 Settling claims of defective goods will be done according to the Respo Haagised AS submission of claims, which form an integral part of the Sales Contract and current Terms and Conditions and are approved by the Buyer prior to entry into the Sales Contract.
4.9 The Seller ensures compliance of the Goods sold in the online store with the standards applicable in the European Union. The circumstances specified in these standards will not be deemed deficiencies of the Goods.
4.10 Further information about orders can be obtained by calling +372 730 1841 from Monday to Friday or by e-mailing epood@respo.ee .
4.11. The Buyer may contact the competent supervision authority, i.e. the Consumer Protection and Technical Regulatory Authority: Sõle 23A, 10614 Tallinn, e-mail: info@ttja.ee. For settling a dispute, the Buyer may contact the Consumer Disputes Committee. The Consumer Disputes Committee can settle the disputes arising from the contract entered into by the Buyer and the Seller which the parties have not been able to settle by reaching an agreement. Further information about settling of claims can be found at: http://ec.europa.eu/consumers/odr/.
5. Other terms and conditions
5.1 The product pictures provided are for illustrative purposes.
5.2 The prices and availability of the Goods may change without prior notice. In this case, Respo Haagised AS reserves the right to withdraw from the sales transaction and refund the amount paid by the Buyer to the Buyer’s bank account within a reasonable period of time.
5.3 The online store of Respo reserves the right to cancel a sales transaction if the following or similar issues have occurred with the Goods: a human mistake or technical error in the system in entering the price (e.g. if a trailer which costs 1,200 euros has been sold for 120 euros, a mistake has clearly been made. In this case, we presume that the Buyer should understand that a mistake has been made and that the product is not sold for this price).
5.4 The product information of the products is regularly checked and complemented. The details may have been updated after the Buyer’s last visit. The product information displayed in the online store of Respo may include inaccuracies due to insufficient information in the manufacturers’ data sheets. In such cases, the online store of Respo will not be held liable for the accuracy of the product information. If possible, we advise the Buyer to check the accuracy of the product information prior to placing an order by calling the customer service of Respo Haagised AS on 730 1841.
6. Validity of the terms and conditions
6.1 These terms and conditions of the online store are valid as of 1 January 2019.