Valid from 7 June 2024.
1. GENERAL PROVISIONS
1.1. These terms of sale (“Terms of Sale“) apply to all sales transactions (“Sales Contract“) between OÜ KINTAR TRADING (private limited company; registration code 10231137, address: Harju county, Rae rural municipality, Rae village, Koplipere Road 17, 75310 (Harju maakond, Rae vald, Rae küla, Koplipere tee 17, 75310), e-mail address: info@kintar.ee; “Seller“) and the buyer (“Buyer“). These Terms of Sale govern the legal relationships arising from the sale of products (“Goods“) sold by the Seller to the Buyer (Buyer and Seller separately referred to as “Party” and together as “Parties“).
1.2. The Terms of Sale apply to the Sales Contracts concluded in the environment of the Seller’s online store (available at http://www.kintar.ee/; “Online Store“) and other means of communication (e-mail and telephone). The Terms of Sale also apply to the Sales Contracts concluded in the Seller’s store, except for the part concerning the process of concluding the Sales Contract. If the Parties have concluded a special agreement for the sale of Goods, the terms of such agreement prevail over the Terms of Sale.
1.3. When concluding the Sales Contract, the Buyer confirms that they have thoroughly reviewed the Terms of Sale and the documents referred to in them and agrees with their application to the Sales Contract. Also, when concluding the Sales Contract, the Buyer confirms that they are a natural person of at least 18 years of age who has the legal capacity and authorisations to conclude the Sales Contract.
1.4. The personal data of the Buyer may become known to the Seller within the framework of the Sales Contract. The Seller processes the Buyer’s personal data in accordance with the Seller’s Data Protection Terms, which are an integral part of the Terms of Sale.
2. CONCLUSION OF SALES CONTRACT
2.1. In order to purchase the Goods, the Buyer must submit a relevant order (“Order“) to the Seller. The order can be placed in the Online Store as well as using other means of communication specified in the Terms of Sale.
2.2. Online Store orders
2.2.1. To forward the order, the Buyer shall: (I) add the desired Product to the shopping cart in the Online Store; (II) confirm the shopping cart; (III) enter the data necessary for the delivery of the Goods and payment for the Goods in the fields provided for this purpose; (IV) submit the Order and pay for the Goods (unless payment is made later). By submitting the order, the Buyer expresses their agreement with these Terms of Sale.
2.2.2. The Sales Contract for the relevant Order shall be deemed concluded when the Seller sends the Buyer a confirmation of the successful submission of the Order via e-mail.
2.2.3. The Seller has the right to cancel the Sales Contract due to a mistake, if the price of the Goods or the inventory in the Online Store is inaccurate due to human error or technical problems.
2.3. Orders placed using other means of communication
2.3.1. Orders can also be placed via e-mail (info@kintar.ee), phone (+372 6793 080), or mobile phone (+372 5300 4108). The Order must contain the desired Product (product code), delivery method, delivery location, and customer data. Legally, the Order can be treated as a proposal to make an offer, and the Order does not create any obligations for the Seller.
2.3.2. Upon receipt of the Order, the Seller makes an offer to the Buyer to conclude a Sales Contract (“Offer“) in accordance with the terms specified in the offer. The Offer may be in the form of an invoice. The Offer is valid for 30 days from its submission, unless otherwise stated in the Offer. The Seller has the right to refuse to make an offer at its discretion.
2.3.3. In case of acceptance of the Offer, the Buyer provides the Seller with a corresponding confirmation (“Confirmation“). The Confirmation must be transmitted at least in a form that allows for written reproduction or in another form accepted by the Seller, following the instructions given by the Seller for the transmission of the Confirmation. Payment of the invoice by the Buyer shall also be deemed Confirmation. The Buyer’s proposals to amend the Offer (including additions) are treated as the submission of a new Order.
2.3.4. The Sales Contract for the relevant Order is deemed to have entered into force if the Buyer has forwarded the Confirmation to the Offer. If there are contradictions between the Offer and the Terms of Sale, the relevant part of the Offer’s terms shall apply.
2.4. When concluding the Sales Contract, the Buyer confirms that the information provided by them to the Seller is accurate, complete, and correct. The Buyer is responsible for any consequences resulting from inaccurate information provided by the Buyer.
2.5. The Buyer, who has entered into a Sales Contract within the framework of economic or professional activity, confirms upon entering into the Sales Contract that: (I) they know what they are ordering and do not have any claims against the Seller in connection with the Goods ordered by mistake or unsuitable for the Buyer; (II) they can fully assess the suitability of the ordered Goods for their needs; (III) they understand that if the Seller has made recommendations regarding the Goods, these are recommendations that the Buyer evaluates every time, taking into account the professional knowledge in the field and suitability for the desired purpose; (IV) they acknowledge that any assessment by the Seller of the assortment, quantity, or other parameters of the necessary Goods shall not be binding in relation to the Buyer or the Seller, insofar as the Seller does not perform an analysis of the Seller’s needs and does not give binding assessments of the needs of the Buyer or his end customer; (V) they understand that the Seller does not give any assurances and is not responsible for the fact that the Goods are suitable for the desired purpose and actual needs of the Buyer.
2.6. The Seller assumes and the Buyer undertakes to ensure that the persons presenting themselves as the Buyer’s representatives within the framework of the conclusion and execution of the Sales Contract have all the necessary authorisations to perform the relevant actions on behalf of the Buyer (including the conclusion of the Sales Contract, acceptance of the Goods, etc.). The Buyer is responsible for the actions and inactions of their representatives as well as for their own actions and inactions.
3. RIGHT OF OWNERSHIP
3.1. The right of ownership of the Goods is transferred from the Seller to the Buyer upon full payment for the Goods and their delivery.
4. PRICES AND PAYMENT TERMS
4.1. The Buyer is obliged to pay for the Goods the sales price according to the terms of the Sales Contract together with the additional VAT (“Sales Price“). The Sales Prices published in the Online Store at the time of submitting the Order apply to the Goods purchased through the Online Store (prices are in euros and include VAT).
4.2. The Sales Price is paid in advance. In the case of Online Store purchases, payment is made using the payment methods available in the Online Store when placing the order, and in the case of purchases outside of the Online Store, according to the invoice provided by the Seller, in which the payment term is indicated together with the Seller’s details, while the Buyer can also pay the Sales Price in cash or by bank card in the Seller’s store during its opening hours.
4.3. The Sales Price does not include the charge for the delivery of the Goods or other additional services. The goods are delivered for an additional fee according to the delivery prices established by the Seller, depending on the selected mode of transport, the dimensions, and weight of the Goods. The delivery of the Goods is paid in advance together with the Sales Price. In the case of Online Store purchases, the delivery price and possible delivery methods are displayed to the Buyer before submitting the Order.
4.4. In case of any delay in payment, the Seller has the right to demand from the Buyer a delay penalty of 0.2% of the unpaid amount for each day the payment is delayed. In addition to paying the delay penalty, the Seller has the right to use other legal remedies stipulated in the Sales Contract and the law, including demanding compensation from the Buyer for the expenses incurred in collecting the debt.
4.5. If the Buyer is in debt, the Seller has the right to refuse to perform the obligations stipulated in the Sales Contract until the debt is properly paid. If the payment for the Sales Price or delivery is delayed for more than 5 days, the Seller has the right to withdraw from the Sales Contract without prior notice.
5. DELIVERY
5.1. The Goods will be delivered to the Buyer at the time agreed in the Sales Contract according to the delivery method chosen by the Buyer, while the Goods in the warehouse will be prepared for handover to the carrier (or for handover to the Buyer at the Seller’s place of business) within 1 to 3 working days of receipt of the Sales Price and delivery fee. In the case of Online Store purchases, the delivery time of the Goods is displayed immediately before the Order is placed. More detailed delivery terms and prices can be found here.
5.2. The Seller informs the Buyer via e-mail or telephone about the extension of the delivery time, including if it turns out that the Goods are not in the Seller’s warehouse.
5.3. The Buyer is obliged to ensure the possibility of delivery of the Goods at the time specified in the Sales Contract, including being available to the Seller to coordinate the details of the delivery of the Goods and to ensure access to the delivery location specified in the Sales Contract. If the Buyer has chosen the self-pickup of the Goods as the delivery method, the Goods must be accepted within 10 days of receiving the relevant notification from the Seller at the latest.
5.4. If the Seller (including the person providing transport services to the Seller) is not reasonably able to hand over the Goods to the Buyer at the agreed time due to a reason attributable to the Buyer, it is considered that the Buyer is in delay in acceptance. In the event of a delay in acceptance by the Buyer, the Seller has the right to: (I) demand compensation from the Buyer for the costs related to the delay in acceptance, including compensation for the costs related to repeated delivery according to the initial delivery price; and/or (II) withdraw from the Sales Contract without prior notice if the delay in acceptance has lasted more than 10 days.
5.5. Upon acceptance of the Goods, the Buyer undertakes to inspect the Goods and make sure of the quantity, quality, and compliance of the Goods with the terms of the Sales Contract, including the availability of relevant instructions, drawings, and other documentation. Notes regarding the goods must be written on the form (delivery note, return form, etc.) provided to the Buyer upon handover in accordance with the formatting instructions provided therein. If, upon inspection of the Goods, the Buyer does not record comments on the Goods in writing on the appropriate form, the Goods shall, to the relevant extent, be deemed to conform with the terms of the Sales Contract.
5.6. The Seller has the right to refuse the delivery of the Goods if the recipient of the Goods is a person other than the Buyer which is not authorised in writing by the Buyer. The Seller has the right to require the Buyer to present an identity document in order to confirm their identity.
6. GOODS QUALITY AND CLAIMS
6.1. The Goods must meet the characteristics agreed in the Sales Contract. The characteristics of the Goods are specified in the Online Store and in the documentation delivered with the Goods (manual instructions, drawings, etc.). The characteristics of the Goods sold in the Online Store may in certain cases differ from the actual characteristics of the Goods (e.g. in terms of color, shape, and size).
6.2. The Buyer is obliged to inform the Seller if the Goods do not meet the terms of the Sales Contract, i.e. the Goods have deficiencies. The Seller must be notified of the defect within a reasonable time, which is (I) in the case of a consumer Buyer, no later than 2 months after learning of the deficiency; and (II) in the case of a non-consumer Buyer, no later than 14 days after learning of the deficiency.
6.3. Claims and complaints related to the Sales Contract (including notifications of deficiencies) must be submitted to the Seller’s e-mail address info@kintar.ee. In the claim, the nature of the deficiency must be described in detail, and evidence confirming the deficiency must be attached (e.g. photos) together with data from the Sales Contract (e.g. order code, etc.). The Seller has the right to ignore claims that do not meet the above requirements.
6.4. The Seller is not responsible for the deficiency:
6.4.1. which has arisen as a result of the normal use of the Goods or due to a circumstance arising from the Buyer, including non-purposeful or improper use of the Goods;
6.4.2. which arose after the transfer of the risk of accidental destruction and damage to the Goods to the Buyer, except if the deficiency of the Goods occurred due to the Seller’s violation. The risk of accidental destruction or damage to the Goods is transferred to the Buyer at the moment when the Seller or a person designated by the Seller has given the Goods to the possession of: (I) the Buyer, (II) a person authorised by the Buyer, or (III) the carrier named by the Buyer, except if the Seller knew or should have known that the Goods were destroyed or damaged, but did not notify the Buyer of this. If the Buyer experiences a delay in acceptance, the risk of accidental destruction and damage passes to the Buyer from the moment of the delay in acceptance;
6.4.3. if it occurred more than 6 months or, in the case of consumer sales, 2 years after the Equipment was handed over to the Buyer. In the case of consumer sales, it is assumed that a deficiency that appeared within 1 year from the handover of the Goods to the consumer was present at the time of handing over the Goods, if such an assumption does not contradict the nature of the Goods or the deficiency;
6.4.4. if the Buyer knew or should have known about the deficiency in the Goods when concluding the Sales Contract. In the case of consumer sales, the Seller is released from liability only if the consumer has expressly agreed to such a deficiency;
6.4.5. if the non-consumer Buyer has not notified the Seller of the deficiency within a reasonable time in accordance with Clause 6.2 of the Terms of Sale, unless the deficiency is caused by the Seller’s intent or gross negligence, or if the Seller knew or should have known of the deficiency and failed to notify the Buyer.
6.5. Upon discovery of a deficiency, the Buyer is obliged to take reasonable measures to preserve and protect the item.
7. WITHDRAWAL AND RETURNS
7.1. Withdrawal from the Sales Contract is allowed only on the grounds provided in the Terms of Sale and applicable legislation.
7.2. The consumer Buyer may withdraw from the Sales Contract without reason within 14 days from the delivery of the Goods to the Buyer or their representative, by notifying the Seller of this in accordance with Clause 7.4 of the Terms of Sale. The right of withdrawal does not extend to items that are mentioned in subsection § 53 (4) of the Law of Obligations Act. If several products are sold to the Buyer on the basis of the Sales Contract and are handed over at different times, the withdrawal period starts from the handover of the last product. In case of deterioration of the Goods to be returned, the Buyer is responsible for the decrease in value due to the use of the Goods, if they have used the Goods in a way other than this is reasonably necessary to make sure of the nature, characteristics, and functioning of the Goods. In order to make sure of the nature, characteristics, and functioning of the Goods, the Buyer must handle and use the Goods only as they would normally be allowed to do so in the store. The Seller has the right to deduct the decrease in the value of the Goods from the Sales Price to be returned.
7.3. In the event of withdrawal from the Sales Contract, each Party shall return to the other all that was received under the Contract.
7.3.1. The Buyer is obliged to return the Goods to the Seller within 14 days from sending the withdrawal statement to the Seller, while the Seller is responsible for the proper packaging of the Goods and bears the direct costs related to the return of the Goods, unless the withdrawal is based on the deficiency of the Goods, for which the Seller is responsible. Unless the Parties agree otherwise, the Goods must be returned to the Seller’s place of business at Koplipere Road 17, Rae village, Rae rural municipality, Harju county (Koplipere tee 17, Rae küla, Rae vald, Harjumaa).
7.3.2. The Seller is obliged to return the Sales Price and the fees paid for the delivery to the Seller within 14 days from the receipt of the withdrawal statement, provided the Buyer has returned the Goods or provided proof of the Goods being returned. Unless the Parties agree otherwise, the refund shall be made using the same payment method used by the Buyer to make the payment. In any case, the Seller shall not reimburse the Buyer for additional costs due to the fact that the Buyer has chosen a different method for the delivery of the Goods than the usual most favourable delivery method offered by the Seller.
7.4. The Buyer’s withdrawal statement must be submitted to the Seller’s e-mail address info@kintar.ee, and the withdrawal statement must show a clear and unequivocal intention to withdraw from the Sales Contract. To withdraw from the Sales Contract, the Buyer can use the standard withdrawal statement form, which is available here.
7.5. Exchange of the Goods is possible only with the consent of the Seller according to the terms agreed by the Parties.
8. WARRANTY
8.1. The Seller’s warranty (sales warranty) is provided for the Goods only if the Parties have agreed to this in the Sales Contract. The warranty does not exclude the Buyer’s right to file other claims against the Seller arising from the Sales Contract or the law.
8.2. The Goods are subject to a manufacturer’s warranty in accordance with the terms of the manufacturer’s warranty. The terms of the manufacturer’s warranty are stipulated by the manufacturer of the Goods, and the Seller is not responsible for fulfilling the terms of the manufacturer’s warranty. The Seller is obliged to hand over the terms of the manufacturer’s warranty to the Buyer when handing over the Goods.
9. LIMITATION OF LIABILITY
9.1. The Seller’s liability is limited. The Seller is only responsible for direct property damage caused by an intentional or negligent breach. The Seller is not responsible for non-property damage and loss of income that may occur as a result of the violation. The Seller’s liability based on each Sales Contract is limited to the amount of payments made by the Buyer to the Seller based on the respective Sales Contract.
9.2. The Seller shall not be liable to the Buyer or any third party for damage resulting from the Goods or for claims made by third parties in connection with the Goods.
9.3. These limitations and exclusions of liability do not apply in cases and to the extent where limiting or excluding liability is not permitted under applicable legislation, including provisions governing consumer sales.
10. FORCE MAJEURE
10.1. The Party is not responsible for the violation of its obligations to the extent that the Party violated the obligation due to a circumstance that the Parties could not foresee or avoid with reasonable efforts, including fire, explosion, natural disasters, pandemic, war, strike, work stoppage, legislation of the country of the manufacturer’s factory (including temporary legislation), such a change, as a result of which the execution of the Sales Contract turns out to be impossible, declaration of a state of emergency, establishment of an emergency situation, etc. (force majeure). The Parties consider it force majeure if the Seller fails to perform its obligations because a cooperation partner (manufacturer, supplier, etc.) fails to perform its obligations to the Seller due to force majeure. Failure to perform a financial obligation is not excusable due to force majeure.
11. COMMUNICATION
11.1. Unless otherwise stipulated, notices and declarations of intent exchanged between the Parties are deemed to have been duly submitted if they have been drafted in Estonian and delivered in a reproducible written format to the contact address (including e-mail address) provided by the Parties.
11.2. Unless otherwise stipulated in the Terms of Sale, a notice sent via e-mail to the other Party is deemed to have been delivered on the first working day following the sending of the notice (i.e., every day that is not a weekend or a national or state holiday in Estonia).
12. TRANSFER
12.1. The Buyer may not transfer or otherwise assign the rights and/or obligations arising from the Sales Contract without the prior written consent of the Seller. The Seller may assign the claims arising from the Sales Contract to third parties without the Buyer’s consent.
13. AMENDMENTS
13.1. The Seller may amend the Terms of Sale and the price list of the Goods at any time by notifying the Buyer via e-mail and/or by publishing the updated Terms of Sale and/or the price list in the Online Store. The Terms of Sale and price list valid at the time the Sales Contract comes into force shall apply to the Sales Contract.
14. WAIVER
14.1. Any delay by a Party in exercising its rights against the other Party for the precise performance of an obligation arising from the Sales Contract shall not be considered as a waiver of such rights, nor shall it prevent the Party from demanding performance of such obligation or any other obligations arising from the Sales Contract.
15. INVALIDITY
15.1. If any provision or part of the Sales Contract turns out to be invalid or void, this does not result in the invalidity or nullity of the entire Sales Contract.
16. SETTLEMENT OF DISPUTES
16.1. The Parties shall attempt to resolve all disputes, disagreements, or claims arising from or related to the Sales Contract through negotiations. If no agreement is reached during the negotiations, disputes shall be resolved by the Harju County Court, unless the legislation stipulates a different mandatory jurisdiction.
16.2. If there is a dispute between the Parties regarding the quality of the Goods, the Parties shall submit the Goods to an expert jointly appointed by them for assessment. In the case of a Sales Contract concluded with a non-consumer, the Seller shall bear the costs related to the examination only if, in the opinion of the expert, the Goods had the deficiency claimed by the Buyer. In other cases, the costs related to the expert assessment shall be borne by the Buyer. In the event of a dispute arising from the Sales Contract concluded with the Consumer, both Parties shall bear 50% of the expert’s costs, or in the event that, according to the expert’s opinion, the Goods had the deficiency claimed by the Buyer, the Seller shall bear all the expert’s costs.
16.3. Claims submitted by the Buyer shall be settled by the Seller in accordance with the applicable law within a reasonable time. Obviously unfounded claims can be ignored by the Seller.
16.4. The consumer has the right to contact the Consumer Disputes Committee operating at the Consumer Protection and Technical Regulatory Authority to resolve the dispute. Review of the complaint by the committee is free of charge for the Parties. The Buyer also has the right to contact the Consumer Advisory Centre of the European Union at https://ec.europa.eu/consumers/odr.
