E-poe tingimused

Last updated: 26.04.2021

These terms of use (hereinafter “Terms of Use”) govern the use of and placement of orders via the e-shop of Eurosec OÜ (registry code: 11606119, address: Treiali tee 2-7, Peetri alevik, Rae vald 75312, Harjumaa, Estonia, hereinafter “Eurosec”). By using and placing orders through Eurosec’s e-shop, the user (hereinafter “User”) confirms the acceptance of these Terms of Use.

Additional terms of use shall apply to an User with whom Eurosec has entered into separate agreement regarding the placement of orders through Eurosec’s e-shop (hereinafter “Business User”) as per such agreement prescribes. An User with whom Eurosec has not concluded such separate agreement, as well as an User who is a consumer, shall be hereinafter addressed also as a private User (hereinafter “Private User”).

  1. GENERAL PROVISIONS
    1. Eurosec’s e-shop is used for selling products (hereinafter “Product” or “Products”) to User. Sales transactions are subject to the Terms of Use applicable at the time of placing the order.
    2. These Terms of Use apply as standard terms and conditions and general terms and conditions of sale for each sales contract concluded between the User and Eurosec. As of the conclusion of a sales contract, these Terms of Use shall apply as an inseparable part thereof.
    3. Eurosec reserves the right to amend these Terms of Use should this become necessary due to changes in applicable legislation or practices, market developments or if there is a need to further specify the circumstances or business risks relating to the sale of Products. Any changes to the Terms of Use shall enter into force when published on Eurosec’s website www.eurosec.ee. If the User has placed an order prior to entry into force of such changes or updates, the Terms of Use in force at the time of placing the order shall apply.

  2. PRICES
    1. All prices shown in the e-shop are in euros and inclusive of value added tax. Additional delivery fee shall apply pursuant to the valid delivery fee price list displayed before the completion of the purchase.
    2. Eurosec reserves the right to change the prices in the e-shop at any time. If prices are changed in the e-shop after the User has submitted an order and paid for it accordingly, Eurosec shall deliver the relevant Products to the User for the prices valid at the time of submitting the order. The User is not entitled to receive compensation for any price differences.
    3. Eurosec reserves the right to withdraw from the sales contract concluded via the e-shop and refuse to deliver the ordered Products if the price, description or quality of Products were displayed incorrectly in the e-shop or if the final price of the shopping cart was displayed incorrectly due to technical or other reasons. Eurosec shall notify the User of any such errors without delay. Eurosec kindly requests the User to report any errors the User discovers to Eurosec via info@eurosec.ee. If Eurosec exercises the right to withdraw from the sales contract due to the above referred reasons, the User can purchase the same Products for the corrected price indicated in the Eurosec’s respective notice by re-ordering the selected Products from the e-shop. If Eurosec withdraws from the sales contract due to the above referred reasons, the User is not entitled to compensation for any damage incurred in connection thereto.

  3. SUBMITTING ORDER AND PAYMENT
    1. The order is created at the moment the User clicks on the button “Add to cart” next to the Product. The User can change the quantity of Products in the order and add or remove Products from the order at any time before submitting the order. The order is submitted at the moment the User clicks on the button “Submit order”.
    2. Payment of the submitted order takes place, in case of Private User, on the basis of a prepayment invoice, or in case of Business User, on the basis of an invoice with a payment term of up to 7 calendar days. If displayed accordingly in the e-shop before completion of the purchase, the payment can also be made via bank link or other payment methods.
    3. If the User selects “Payment via invoice” as the payment option, then the payment for the Products takes place in the following manner. The User submits the order in the e-shop. After the order is submitted, a confirmation is sent to the User’s e-mail address containing, among others, the order number and a reference (link) to these Terms of Use. Private User is provided with a prepayment invoice. Busines User is provided with an invoice establishing a payment term of up to 7 calendar days. The prepayment invoice or the invoice with the later payment term needs to be paid in accordance with the conditions set out therein.
    4. If the User selects “Payment via bank link” or other payment method as the payment option, then the  payment for the Products takes place in the following manner. The User submits the order in the e-shop and pays for the Products promptly via the bank link or other payment method selected by the User. After the payment is received, an order confirmation is sent to the User’s e-mail address containing, among others, the order number and a reference (link) to these Terms of Use.

  4. CONCLUSION OF THE SALES CONTRACT
    1. The Product description displayed in the e-shop is considered to be an offer to conclude a sales contract. The description of a Product includes the name, unit price and main characteristics of the Product. Any images shown in relation to the Product are for illustrative purposes. Eurosec reserves the right to set a minimum or maximum quantity of Products available for purchase or apply other specific restrictions or special conditions to the purchase.
    2. The sales contract is concluded via the e-shop when after selecting the Products and filling in the order details, the User clicks on the button “Submit order”. In case of Private User, the sales contract is deemed to be concluded and in force from the moment the payment for the order is made. In case of Business User, the sales contract is deemed to be concluded and in force from the moment an order conformation reaches the User’s e-mail address.
    3. If Private User selects “Payment via invoice” as the payment option and makes the payment for the order late (after the payment date indicated on the prepayment invoice), such payment shall be considered to be a new offer and Eurosec shall either accept the conclusion of the sales contract by sending the User respective confirmation or refuse from the conclusion of the sales contract. Such acceptance is a separate confirmation of the sales contract and shall be notified to the User within 7 calendar days from receipt of the payment. If Eurosec refuses to conclude the sales contract, Eurosec shall notify the User thereof within 7 calendar days from the receipt of the payment. In the latter case, the purchase price shall be refunded to the User not later than within 14 calendar days after the receipt of the User’s payment.
    4. The User undertakes to submit accurate and correct information upon conclusion of the sales contract. The User shall check for any typing errors and correct these prior to submitting the order. If the User finds a typing error after the order has been submitted, the typing error can be corrected by notifying Eurosec thereof as promptly as possible via info@eurosec.ee.
    5. After the sales contract has been concluded, the User can amend the sales contract (e.g. cancel the purchase of certain Products or change the delivery or payment method) only on the basis of a mutual agreement with Eurosec.
    6. The official time of conclusion of the sales contract shall be calculated based on Eurosec server time which may not always match the time in the User’s browser or computer.
    7. Eurosec may refuse from concluding the sales contract with the User if the User has breached or is in breach of any prior sales contracts with Eurosec. Eurosec shall verify the information submitted by the User to identify any circumstances which may potentially exclude the conclusion of the sales contract and, if appropriate, shall refuse to sell the Products to the User. Such refusal to conclude the sales contract shall be notified to the User by e-mail, indicating the grounds for refusal. If Eurosec identifies any grounds for refusal to conclude the sales contract after the sales contract has been concluded, Eurosec may withdraw from the sales contract without the application of any penalties (please see Clause 9.1.).
  5. DELIVERY OF THE PRODUCTS
    1. A sales contract for purchasing the Products can be concluded for delivery to the following countries: the Republic of Estonia. The Products shall be delivered to the address indicated by the User via the selected delivery method whereas the delivery options shall be displayed in the e-shop before the completion of the purchase. Among other options it is possible to pick up the Products from Eurosec’s service point at Treiali tee 2-7, Peetri alevik, Rae vald 75312, Harjumaa, Estonia.
    2. Upon receipt of the product, the User undertakes to inspect the packaging of the products and in case of any external damages notify Eurosec thereof without any delay via e-mail info@eurosec.ee.
    3. Eurosec assumes that the User shall personally accept the Products at the delivery address. Eurosec or a transport service provider engaged by Eurosec may deliver the Products to another person present at the delivery address who may reasonably be considered to be the User’s representative (e.g. a family member in case of a natural person, a front desk clerk in case of an office).
    4. If Products are to be collected at Eurosec’s service point, such Products will only be available at the opening hours of the service point which can be found on Eurosec’s website www.eurosec.ee.
    5. The User agrees that if the User is unable to accept the Products at a time agreed upon with Eurosec (this includes both delivery of the Products to the User and collection of the Products by the User), then Eurosec is liable for destruction, loss of or damage caused to the Products only in case of intentional or gross negligence breach by Eurosec. If the User is at fault for the delay in acceptance, the User undertakes to compensate to Eurosec the delivery fee if the Products are to be delivered again.

  6. CONSUMER’s RIGHT TO WITHDRAW FROM CONTRACT
    1. The User who is a consumer may withdraw from the sales contract within 14 calendar days after receipt of the Product by sending a corresponding notice together with the order number and the User’s bank account number by e-mail to info@eurosec.ee and returning the Products at the User’s own expense to Eurosec’s service point at Treiali tee 2-7, Peetri alevik, Rae vald 75312, Harjumaa, Estonia. The User who is a consumer may exercise the right to withdraw from the sales contract in free format or by using the template of an application for withdrawal from a distance contract or off-premises contract, available at https://www.riigiteataja.ee/akt/103012014001.
    2. The returned Product must include all the items and documents contained in the Product’s packaging.
    3. The User undertakes to unseal a Product’s original packaging carefully so as to avoid any damage thereto. If the packaging cannot be unsealed without damaging it, the User undertakes to unseal the packaging by the least damaging means. In order to establish the nature, characteristics and functioning of a Product, the User shall only handle and use the Product in the same manner as a customer would customarily be allowed to do in a shop. If the functioning of a Product cannot be determined without using the Product, such Product shall be deemed to be unused if the Product has the original composition and characteristics which it had upon receipt of the Product. If the abovementioned requirements are not met, the User shall lose the right of withdrawal.
    4. The following Products are not subject to a right of withdrawal within 14 calendar days:
      1. Products which deteriorate or expire rapidly;
      2. custom-made Products prepared according to the User’s specifications;
      3. Products which are not suitable for return due to health protection or hygiene reasons (e.g. certain items of clothing) and have been unsealed after delivery;
      4. Products for which the right of withdrawal is excluded by legislation applicable in the Republic of Estonia.
    5. The User cannot withdraw from the sales contract in cases or circumstances not expressly provided in the Terms of Use, except where such right of withdrawal is imperatively provided by the law.
    6. Purchase price for the returned Products shall be refunded to the User’s bank account not later than within 14 calendar days after the withdrawal application is delivered to Eurosec provided that the Products are returned within the same time period to Eurosec’s service point at Treiali tee 2-7, Peetri alevik, Rae vald 75312, Harjumaa, Estonia.
    7. In case of the right of withdrawal specified in Clause 6.1., the User may exchange the Product for any other Product sold by Eurosec. In such case, the User and Eurosec shall offset the amount paid for the returned Product against a corresponding amount of the purchase price of the new Product. Any claims exceeding such offset amount shall be satisfied in accordance with the sales contract.

  7. CONSUMER’S RIGHT TO LODGE COMPLAINTS
    1. Complaints regarding the Products sold to the User who is a consumer via the e-shop may be lodged within a period of two years.
    2. If the User wishes to lodge a complaint relating to a non-conformity of a Product with the contract, such complaint must be submitted to Eurosec within two months as of the date when the User became aware that the Product does not conform to the contract. The complaint needs to be submitted by e-mail to info@eurosec.ee together with the following information:
      1. name and contact details of the User;
      2. description and possible cause of the Product’s non-conformity;
      3. number of the order.
    3. Eurosec shall review the complaint relating to a non-conformity of a Product within 14 calendar days from the receipt thereof.
    4. If Eurosec agrees with the complaint, Eurosec shall be entitled to repair the Product or, if this is not possible or practical, Eurosec shall replace the non-conforming Product with an equivalent conforming Product. If the Product cannot be replaced (Eurosec does not have the product or the Product is out of production), Eurosec shall refund the purchase price of the non-conforming Product to the User’s bank account within 14 calendar days as of the moment Eurosec agreed with the complaint.

  8. WARRANTY CASES
    1. The Products have a warranty only if expressly provided so in the Product description shown in the e-shop. The duration and terms of warranty are provided in the Product description shown in the e-shop or in documents accompanying the Product.
    2. Unless otherwise specified in the terms of warranty:
      1. the sales warranty grants the User the right to demand the repair of the Product, or in case the Product cannot be repaired, substitution of the Product free of charge during the warranty period;
      2. if the Product is repaired during the warranty period, the sales warranty shall not be automatically extended by the length of the period of repair and shall be only valid until the end of the initial term of warranty of the Product;
      3. the warranty of any components of the Product which are replaced upon repairing the Product shall be valid until the end of the initial term of warranty of the Product;
      4. the warranty of the Product substituted during the warranty period shall be valid until the end of the initial term of warranty of the Product.
    3. Warranty does not cover faults caused by mechanical damage to the Product or any damage caused by liquids, moisture, temperature or other such factors, use of the Product for any other purpose than its intended purpose, use of the Product contrary to its instructions of use, or normal wear and tear.
    4. If case of a warranty claim, please submit the claim to Eurosec via e-mail info@eurosec.ee (by attaching the sales contract of the Product in question) or contact the party responsible for warranty issues (e.g. importer) as indicated in the documents accompanying the Product.

  9. RIGHT OF WITHDRAWAL BY EUROSEC
    1. Eurosec may withdraw from the sales contract concluded with the User without the application of any penalties if:
      1. the Product ordered is out of Eurosec or its supplier’s stock and cannot be obtained within a reasonable time and on reasonable terms;
      2. the Product cannot be sold to the User due to legislation applicable to transactions in Estonia (e.g. age restrictions);
      3. the sales contract cannot be performed due to objective circumstances which Eurosec could not have foreseen, prevented or overcome (force majeure);
      4. Eurosec is unable to perform the contract due to any other reasonable cause.
    2. If Eurosec withdraws from the sales contract, it shall refund the purchase price received under the sales contract to the User within 14 calendar days after submitting the withdrawal application.
    3. Before withdrawing from the sales contract on the grounds provided in Clause 9.1., Eurosec may offer the User an alternative Product equivalent to the ordered Product and if the User confirms the acceptability of such equivalent product, the sales contract shall be deemed amended and the product equivalent to the ordered Product shall be delivered to the User.

  10. LIABILITY AND FORCE MAJEURE
    1. Under no circumstances shall Eurosec be liable for:
      1. any faults by third parties which may affect the technical solution of the e-shop or cause a situation where a money transfer fails and the sales contract cannot therefore be concluded. The User undertakes to immediately notify Eurosec of any issues relating to money transfers;
      2. damage incurred by the User in cases where another person uses the User’s identity;'
      3. other claims for which the liability of Eurosec is excluded by legislation applicable in the Republic of Estonia.
    2. Non-performance shall be justifiable if a party’s non-performance is caused by force majeure. Force majeure shall be deemed to include circumstances which are beyond the control of a party and which, at the time the sales contract was entered into, the party could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof.
    3. Eurosec is not liable for any delivery delays and misunderstandings relating to the Products if such delay or misunderstanding is caused by the inaccuracy or incorrectness of information provided by the User upon submitting the order or if the User themselves causes a delivery delay, including by the lack of an appropriate recipient at the time and location of delivery of the Products under the contract.
    4. Under no circumstances shall Eurosec compensate the User for any non-proprietary damage or compensation paid for non-proprietary damage to third persons, or any indirect damages (such as lost revenue).
    5. Eurosec shall not compensate the User for any damages incurred with relation to the Products due to obligations assumed by the User towards third parties (e.g. any obligation to transfer, pledge or deliver the Products to third parties etc.).
    6. Eurosec shall not compensate the User for any damages incurred due to changes in delivery times, prices or other terms and conditions.
    7. Eurosec shall not be liable for any damages incurred by the User as a result of Eurosec exercising its right of withdrawal from a sales contract.
    8. The limitations and exclusions of liability listed in this Clause do not apply to the extent that such liability is not permitted to be limited or excluded by law.

  11. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
    1. The User shall:
      1. provide complete and correct personal data during the process of purchasing the Products, including by submitting the order under their correct and full name, providing the correct date of birth and using a valid e-mail address;
      2. assume full liability for any activities performed with their identity or from an IP address in their home or place of business;
      3. not use Eurosec’s e-shop for any activity which is illegal or contrary to good morals (including illegal use of another person’s identity);
      4. not allow their identity to be used in Eurosec e-shop by minors or other persons whose right to conduct transactions or specific types of transactions is excluded or restricted by the law.
    2. The User warrants that:
      1. the User is a person with passive and active legal capacity and has the right to conduct the transactions offered in Eurosec’s e-shop;
      2. the User is aware and agrees that submitting an order in Eurosec’s e-shop and paying for an order results in the conclusion of a legally binding contract;
      3. the User is aware and agrees that Eurosec may retain the User’s personal data and process the User’s personal data in accordance with applicable legislation, these Terms of Use and the Pirvacy Notice referred to in Clause 14.1;
      4. the User fully and easily understands all the terms and conditions provided in these Terms of Use and is fully aware that use of Eurosec’s e-shop may create legally binding obligations for the User.
    3. Eurosec warrants that:
      1. the Products comply with the descriptions provided in the e-shop and have the indicated characteristics and quality or, if lacking the above, have at least the average quality expected for such Products;
      2. the information provided in respect of the Products, including marking and other information on a Product or its sales packaging or label, is true and accurate;
      3. the Products are new, i.e. sold unused, except upon the sale of used goods, in which case a reference thereto is provided in the Product’s description in the e-shop.

  12. NOTIFICATIONS
    1. The User and Eurosec shall exchange information relating to e-shop notifications and sales contracts electronically by using the e-mail addresses mutually disclosed to each other in the e-shop. A notification shall be deemed delivered to the other party if it has been sent to the other party’s e-mail address or disclosed in the e-shop. Notifications may also be sent in writing to the User’s address indicated in the sales contract or to Eurosec at Treiali tee 2-7, Peetri alevik, Rae vald 75312, Harjumaa, Estonia.

  13. INTELLECTUAL PROPERTY
    1. The intellectual property rights to Eurosec e-shop and all of its contents, including any and all incorporated software, website graphics, design, text, images, trademarks etc. belong to Eurosec or have been licenced to it by their respective owners. The intellectual property rights relating to all of the above are reserved and the User may not use any of the above without written permission from Eruosec.
    2. In order to offer the Products in the e-shop, the manufacturers and suppliers of the Products have allowed Eurosec to use their trademarks, Product descriptions, photos and other assets which remain the intellectual property of the said persons.

  14. PROCESSING OF PERSONAL DATA
    1. Eurosec shall process the User’s personal data collected through Eurosec’s website. More details on the processing of personal data are provided in Eurosec’s Privacy Notice, available here: [●]

  15. APPLICABLE LAW AND DISPUTE SETTLEMENT
    1. Both these Terms of Use and the contracts of sale of Products are governed by Estonian law. Any disputes which cannot be resolved by negotiations shall be settled in the Harju County Court. The User who is a consumers is also entitled to file claims with the courts of the User’s place of residence.
    2. The User who is a consumer has the right to lodge a complaint to the consumer dispute committee via the Consumer Protection Board, or to a court. Proceedings in the committee are free of charge for the User and the User may file a complaint personally or through a representative. Information on the consumer dispute committee is available on the Consumer Protection Board’s website: http://tarbijakaitseamet.ee. If the User who is a consumer is residing in another member state of the European Union, the User may lodge a complaint on the European Commission’s online dispute resolution platform which you can access here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
    3. If any of the provisions of these Terms of Use are held to be invalid, illegal or otherwise unenforceable, all other provisions shall continue to apply.
CONTACTS
Eurosec OÜ
Treiali tee 2-7
Peetri alevik, Rae vald 75312
Harjumaa, Estonia
Registry code 11606119
E-mail: info@eurosec.ee