AS Sunorek General Terms and Conditions of Sale
1.1. These general terms and conditions of sale (hereinafter the terms) apply between AS Sunorek (hereinafter the seller or party) and the buyer (hereinafter the party). If the parties enter into a separate written sales contract, the terms apply insofar as they do not contradict what has been agreed to in the separate sales contract.
1.2. Nothing in these terms is intended to restrict the legal rights of the buyer.
1.3. Upon entry into force of the order the buyer agrees to these terms.
1.4. The seller has the right to unilaterally alter the terms.
2. Entry into force of the order, cancellation and withdrawal
2.1. The offer is valid for the indicated period or for 14 days after the submission of the order.
2.2. The basis for the obligation between the seller and the buyer is the buyer’s acceptance of the offer submitted by the seller and the order that has been placed and entered into force.
2.3. If the order is not based on the seller’s offer, the order becomes binding after the order has been accepted by the seller.
2.4. The buyer may cancel or change the order free of charge prior to entry into force of the order. Once the order has entered into force, no more changes can be made and a new order is placed for the changes.
2.5. The order enters into force upon receipt of the advance payment or upon confirmation of the order by the buyer if no advance payment is required.
2.6. Cancellation of the order by the buyer is considered, among other things, failure to pay the advance payment within 7 days of the submission of the advance payment request, failure to pay for the product or failure to accept the product within 30 days after the buyer is notified of the completion of the order. If the buyer cancels the order, the advance payment will not be refunded. The buyer agrees that upon their cancellation of the order, the seller has the right to transfer the product to cover the costs, and thus the buyer has no claim against the seller. The buyer is obliged to compensate the seller for any damage suffered by the cancellation of the order.
2.7. The order may be withdrawn only in the cases provided for in the terms or by law.
3. Order price and terms of payment
3.1. The price of the product and the service and the terms of payment are fixed in the order and on the invoice drawn up on the basis of the order. VAT will be added to the price according to the current VAT rate in the Republic of Estonia. The interest on overdue amounts (excluding advance payments) is 0.5% per day.
3.2. The buyer undertakes to pay an advance payment of 50% of the order amount.
3.3. The buyer undertakes to pay the final amount of the order from which the advance payment has been deducted upon receipt of the product. If this is not possible due to the agreed delivery or payment method, the buyer undertakes to pay the final amount of the product 5 days prior to the delivery date and the final amount of the service within 3 days after the provision of the service. Upon contesting the invoice, the buyer shall pay the undisputed part of the invoice by the due date.
3.4. According to the current price list, the seller has the right to demand from the buyer a fee for storing the product in the seller’s warehouse for the period that exceeds the agreed delivery date by more than 14 days.
4. Delivery period, delivery and quality of the product
4.1. The calculation of the delivery period of the product begins from the moment the order enters into force. If further measurements need to be taken after the order has entered into force, the calculation of the delivery period of the product begins from the moment of confirming the results of the measurements.
4.2. The delivery period of the product is fixed in the order. The seller shall notify the buyer of the completion of the product by the contact information provided by the buyer.
4.3. If the seller discovers that the delivery period cannot be met, the seller shall inform the buyer immediately. If the delay is not due to force majeure and causes serious inconvenience to the buyer, the buyer may withdraw from the order in full or in part if the delivery is delayed for more than 30 days compared to the original delivery date. If the buyer agrees to the new delivery period, the seller shall not pay a fine for the delay or compensate the damages and the seller shall not be liable to the buyer for any other damage caused by the delay.
4.4. The transport and installation service ordered by the buyer will be provided after full payment of the products and it will take place at a separate time agreed between the seller and the buyer.
4.5. The buyer undertakes to ensure unobstructed and safe access for the transport and the seller’s employees to the installation location (incl. opening locked gates, making sure domestic animals are secured, removing loose objects, covering delicate materials, ensuring that pathways are accessible and stairs have barriers).
4.6. The product will be installed in a clean, dust-free interior space, the installation location must have access to electricity. In the case of electrically connected products, the electrical wires must be previously installed by the buyer in the area agreed with the seller.
4.7. In case of non-compliance with the conditions specified in clauses 4.5 and 4.6, the seller has the right to refuse to provide the service. However, if the buyer demands the provision of the service and it does not threaten the security of the seller’s employee, the seller provides the service under the full responsibility of the buyer and the buyer waives their right of claim against the seller in case of possible damage.
4.8. The buyer undertakes to ensure the presence of himself or an authorised representative at the delivery of the product and to receive the product and the service.
4.9. The buyer undertakes to verify the conformity of the quantity and the quality of the product with the order at the time of delivery of the product. The seller must be notified immediately of any defects. If the condition of the product cannot be verified at the time of delivery, the buyer undertakes to notify the seller of any visible defects prior to installation of the product but no later than within 7 days (2 months in case of consumer) of the delivery of the product to the buyer. Subsequent claims about the visible defects of the product will not be accepted.
4.10. Samples, descriptions and models are used for the approximate determination of product quality. In the case of products made of natural materials, the natural variation of the material will be taken into account. In the case of products with individual characteristics (e.g. design curtain), a claim can only be made for the technical execution as they do not have clearly defined specific characteristics.
4.11. The risk of accidental loss or damage to the product passes to the buyer at the time of delivery of the product.
4.12. The ownership of the product is transferred from the seller to the buyer after the full payment of the price (incl. any interest).
5. The consumer’s right to file a complaint
5.1. The seller is responsible for any defects in the product at the time of delivery.
5.2. The seller shall not be liable for failure to fulfil the order or for order performance not conforming to the contract if it was caused due to circumstances beyond the control of the seller (force majeure).
5.3. The consumer has the right to file a claim for the product within 2 years of receiving the product.
5.4. The claim may be submitted to the seller’s head office at: Vabaõhumuuseumi tee 97, Tallinn, to the nearest showroom of the seller or by sending an email to the following address email@example.com, the following information must be included: buyer’s name, contact details, order number (if possible), name of the defective product, time of occurrence of defect, description of the defect, claim. In addition, proof of payment of the product and, if possible, photos of the defect must be attached.
5.5. The claim should be submitted to the seller as soon as possible, in the case of consumers no later than within 2 months after the discovery of the defect. Further use of the defective product is prohibited.
5.6. The seller undertakes to review the claim and to respond to the claim within 5 working days from the receipt of the claim. If the claim is justified, the seller undertakes to repair or replace the product at their own expense within a reasonable period.
5.7. All disputes shall be settled through negotiation between the parties.
5.8. If the consumer and the seller do not reach a mutually satisfactory agreement and the consumer believes that their rights have been violated, they may file an application for resolution of the complaint with the alternative dispute resolution entity: the Consumer Disputes Committee of the Estonian Consumer Protection Board located at Pronksi 12, Tallinn 10117, phone 6201707 or firstname.lastname@example.org The rules of procedure of the alternative dispute resolution entity are available for examination at the website of the Consumer Protection Board at www.tarbijakaitseamet.ee.