1 INTRODUCTION
Present general conditions form a document that determines the main principles of relationships between EEK-Trade AS and the Buyer, the procedure and general terms and conditions in transactions.
2 DEFINITIONS
2.1 The Seller is EEK-Trade AS.
2.2 The Buyer is a physical or legal person who purchases or wishes to purchase goods sold by the Seller.
2.3 Product is a thing that the Seller sells to the Buyer.
2.4 Service is a service that the Seller provides to the Buyer.
2.5 Goods denote either Products and/or Services.
2.6 User manual is a document which contains instructions on how to use the goods and is approved by the Seller.
2.7 Product description is a document which describes the properties of goods and is approved by the Seller.
2.8 Conditions are the purchase and sales conditions of the goods.
2.9 Inquiry is an inquiry made by the Buyer to the Seller about the conditions.
2.10 Price offer is a written offer made by the Seller to the Buyer about the conditions.
2.11 Request is an offer made by the Buyer to the Seller for placing an order.
2.12 Order confirmation is a written confirmation made by the Seller to the Buyer about the conditions.
2.13 Order is an agreement between the Buyer and the Seller on conditions, which the Seller undertakes to perform.
2.14 Order performance term is the time when goods must be ready to be handed over to the Buyer.
2.15 Consent is the Buyer’s consent for placing an order. The Buyer’s consent is indicated by: signing the price offer or order confirmation, agreeing to a price offer or order confirmation in a form that enables written reproduction or commencing the performance of obligations listed in the abovementioned documents.
2.16 The Contract is a written agreement between the Seller and the Buyer for selling and purchasing goods.
2.17 Legal relationships are legal relationships that are created between the Buyer and the Seller, if the Buyer buys the Seller’s goods.
3 GENERAL PROVISIONS
3.1 The present general conditions apply to all legal relationships.
3.2 Besides the present general conditions, legal relationships are also regulated by legal norms of the Republic of Estonia and the order and the Contract, if applicable.
3.3 The general conditions are available at the sales representatives’ of the Seller: Pärnu Plaadi 8, Tallinn Lasetkodu 41, Tartu Turu 32b or on the Seller’s website: www.eektrade.ee
3.4 If there is a contradiction between the general conditions and the order, the provisions of the order prevail. If there is a contradiction between the general conditions or the order and the Contract, the provisions of the Contract prevail.
3.5 The words in singular in the general conditions may denote plural, if the context so requires, and vice versa.
3.6 Every clause of the general conditions is interpreted in connection with other clauses of the general conditions, relying on the meaning and aim of the general conditions.
4 ORDERING GOODS
4.1 If the Buyer sends an inquiry to the Seller, the Seller sends the Buyer a price offer. The price offer is only valid during the period indicated in the offer, if no term is indicated, the offer is valid for 14 (fourteen) days since the date it was presented to the Buyer.
If the Buyer and the Seller have reached agreement in conditions, the Buyer sends the Seller the consent. The Seller’s price offer or order confirmation and the Buyer’s consent shall be considered as an order concluded between the Buyer and the Seller.
4.2 If the Buyer sends a request to the Seller, the Seller sends the Buyer an order confirmation. The Buyer’s request and the Seller’s order confirmation shall be considered as an order concluded between the Buyer and the Seller.
4.3 Documents added to the price offer or order confirmation form an inseparable part of the order.
5 CORRESPONDENCE OF GOODS TO THE ORDER
5.1 The properties of goods correspond to the product description.
5.2 Properties of goods that are not determined in clause 5.1 are not assessed from the aspect of correspondence.
5.3 In order to ensure correspondence, the Buyer must store, transport, process, handle, use and maintain the goods with due diligence and according to the user manual.
6 ORDER PERFORMANCE TERM
6.1 Order performance term is stipulated in the order.
6.2 If the Buyer has not performed its obligations deriving from the order, the Seller is entitled to unilaterally change the order performance term. The Seller informs the Buyer about the new order performance term after the Buyer has performed its obligations deriving from the order.
6.3 If the Buyer withdraws from the order based on clause 6.2, the Buyer undertakes to indemnify to the Seller all damages related to the withdrawal of the Order.
7 PRICES
7.1 Prices that apply to the goods are determined in the Seller’s Price offer.
8 PAYMENT TERMS
8.1 Before the Seller commences the performance of the order, the Buyer undertakes to pay to the Seller a prepayment in the extent required by the Seller.
8.2 If the goods are handed over to the Buyer in the Seller’s warehouse or sales point, the Buyer undertakes to pay the unpaid amount of the order price to the Seller for the time the goods are handed over.
8.3 If the goods are not handed over in the Seller’s warehouse or sales point, the Buyer undertakes to pay the unpaid amount of the order price to the Seller no later than 1 bank day before the order performance term.
8.4 If the Buyer fails to pay the order price timely, the order performance term shall be postponed according to clause 6.2.
8.5 All sums payable by the Buyer shall be considered properly paid to the Seller, if the respective sum has been transferred on the Seller’s bank account or paid in cash to the Seller’s cash register.
8.6 The Seller is entitled to demand the Buyer to pay fine for delay in the sum of 0.1% (zero point one percent) of the unduly paid sum for every delayed day.
9 HANDOVER OF GOODS
9.1 The handover of goods denotes giving the goods to the disposal of the Buyer in an agreed place.
9.2 At the time of handover, the Seller enables the Buyer to control the correspondence of goods to the order.
9.3 When accepting the goods from the Seller, the Buyer undertakes to control the correspondence of goods with the order.
9.4 Acceptance and correspondence of goods to the order is proven by the Buyer’s signature in the delivery note of goods.
9.5 If goods do not correspond to the order, the Buyer is entitled to waive the acceptance of goods.
9.6 Acceptance of goods that do not correspond to the order may only occur at the knowledge and approval of the Seller.
9.7 When accepting goods that do not correspond to the order, the Buyer undertakes to describe the non-correspondence on the delivery note. The non-correspondence shall be confirmed with the signatures of the Buyer and the Seller or a third person authorized by the Seller.
9.8 If the Buyer does not accept goods from the Seller on the order performance term, the Seller is entitled to demand the Buyer to pay a penalty of 0.1% (zero point one percent) of the order price per each delayed day to compensate the storage expenses of goods.
9.9 If the Buyer does not accept goods from the Seller no later than during 30 (thirty) calendar days since the order performance term and the Seller has performed all its obligations, the Seller is entitled to withdraw from the order, for which the Seller must present a written application to the Buyer. If the Seller has withdrawn from the Order for the abovementioned reason, the Seller is entitled not to return to the Buyer the prepayment paid from the order price.
9.10 If the Seller does not make it possible for the Buyer to receive goods on the order performance term, the Buyer is entitled to demand the Seller for a fine for delay of 0.1% (zero point one percent) of the order price per each delayed day.
9.11 If the Seller has not handed the goods over to the Buyer no later than in 30 (thirty) calendar days since the order performance term and the Buyer has performed all its obligations, the Buyer is entitled to withdraw from the order. The Buyer must present a respective written application to the Seller about the withdrawal from the order. If the Buyer has withdrawn from the Order for the abovementioned reason, the Buyer is entitled to demand the Seller to return the paid prepayment.
10 PASSING OF RISKS
10.1 The risk of accidental loss and deterioration of goods passes to the Buyer at the moment of the handover of goods according to clause 9.1.
10.2 If the goods are transported by the Buyer or third persons authorized by the Buyer, the risk of accidental loss of goods passes to the Buyer from the moment the goods are handed over for transportation to the Buyer.
11 FILING CLAIMS
11.1 In order to perform its right to file a claim, the Buyer must inform the Seller about the occurred deficiencies of the goods in reasonable time after the Buyer got aware of or when the Buyer should have gotten aware of such deficiencies by presenting a complaint to the Seller in a form that allows written reproduction.
11.2 The complaint must indicated the following data: the Buyer’s name, contact data, the Seller’s order number, the date when the deficiency was identified, complaint filing date, parameters of goods (dimensions, surface cover, quantity), description of the deficiency, claim presented to the Seller.
11.3 The Seller sends the Buyer an answer to the complaint in a from that allows written reproduction in 15 (fifteen) calendar days since the receipt of a complaint that corresponds to clause 11.2.
12 SETTLEMENT OF DISPUTES
12.1 The Buyer and the Seller attempt at solving their disputes through negotiations between the Buyer and the Seller.
12.2 If mutual agreement is not reached, the dispute shall be solved in Pärnu County Court.
13 VALIDITY OF GENERAL CONDITIONS
The general conditions take effect since 01.12.2012.