Terms & Conditions
Bestair OÜ GENERAL CONDITIONS
Bestair OÜ (registry code 10878790, contact address Kadaka tee 63, Tallinn 11912, Estonia) (hereinafter referred to as the seller) is an Estonian business entity operating on the KamdoJoe website and in the online store www.kamadojoe.ee (hereinafter referred to as the “online store”).
The seller offers various grills and barbecue accessories in the online store. The general terms and conditions of purchase and sale below (hereinafter referred to as the “Terms of Sale”) apply to any purchase by the buyer (hereinafter referred to as “the buyer”) in an online store, provided that no specific written agreement has been concluded between the seller and the buyer.
For the purposes of the terms of sale, the buyer may be any legal or natural person. If the buyer is a natural person who buys goods under the terms of sale and the transaction is not related to independent economic or commercial activities, the buyer is considered to be consumer consumer law (hereinafter referred to as the consumer).
- ORDERING GOODS
The buyer orders the goods by submitting to the seller an order in the online store stating his name, the quantity of goods and the way of delivery.
1.2. The buyer must be at least 18 years of age and active in performing the obligations laid down in the Terms of Sale. In the case of a person acting on behalf of a legal person, that legal person must have the proper legal status and have full legal capacity. Acting on behalf of the buyer in the name of a legal entity, the agent confirms that he has full power to enter into a legal person in connection with the transaction in relation to the obligations set out in these terms of sale.
1.3. When you familiarize yourself with the terms of sale in the online store and click on the “I have read and agree to the terms” button, the buyer agrees to the terms of sale applicable to the purchase made on the basis of this order. The purchase agreement containing the terms of sale will come into effect between the seller and the buyer from the time when the seller sends a purchase confirmation to the buyer and is valid until half of all obligations are fulfilled.
1.4. The Buyer agrees that the purchase agreement containing these terms of sale is concluded electronically. The seller authorizes the buyer to save the content of the respective order and the terms of sale and make a copy of it.
1.5. By clicking on the “I have read and agree to the terms” button and then proceeding with the purchase, the buyer confirms that he has read all the information about the ordered goods presented in the online store, including the typical basic details of such goods, to the extent necessary for making an informed purchase decision. In case the buyer needs additional information or assistance (for example, consultations regarding installation, activation, etc.), the buyer is able to contact the seller by sending an email to email@example.com by calling to the following phone number +372 56288355 or by contacting the internet-based online customer service channel through.
1.6. The seller shall inform the buyer of the confirmation of the order or its rejection within a reasonable time by e-mail. After the seller has sent confirmation, the buyer has an obligation to pay for the ordered goods in accordance with clause 6 of these Terms of Sale, following the instructions given in the online store. The seller does not place the goods before the full payment is received, unless agreed otherwise. If the full payment has not been made within five (5) days after confirmation of the order by the seller, the order will be deemed to be terminated without any further obligations.
1.7. Upon receipt of the payment made for the order, the seller confirms the payment by e-mail, while specifying the goods and the conditions for their delivery.
1.8. By agreeing to these terms of purchase and sale, the consumer also agrees to the seller to maintain and process his or her personal data in accordance with the Personal Data Protection Act or any other similar regulatory act in order to protect the integrity of the person in the European Union, the European Economic Area or any other country. The consumer confirms that the seller may process the consumer’s personal data in accordance with the terms of the contract, to perform the contract with the consumer according to the consumer’s request, and to provide the above information to the persons who are used by the seller in the performance of the contract with the consumer and who also have an obligation to ensure the protection of the consumer’s personal data.
- REPLACING GOODS
2.1. The seller reserves the right to change the order of the buyer due to available stock or other objective reasons. The seller shall inform the purchaser of any such changes before the goods are issued. The buyer is obliged to confirm or reject the changes by e-mail within two (2) business days from the receipt of the notice from the seller. In the event that the buyer fails to fulfill this obligation, the seller is entitled to terminate the contract and refuse to execute the order, being exempted from any related liability.
- PRODUCT FEATURES
3.1. Prices are shown in the sales offers of the online store. The seller reserves the right to change the prices of goods in the event of changes in exchange rates, bank fees, material or labor costs, but also in relation to government activities and other reasons beyond the control of the seller. Any price changes will not affect the prices of the goods for which the order has been accepted by the seller and paid for.
3.2. The prices shown in the sales offers include the applicable VAT.
3.3. Unless stated otherwise in the offer, prices do not include costs for the delivery, unloading, installation or storage of goods, or any fees, taxes, or other charges related to goods, and such costs are borne by the buyer.
- TERMS AND CONDITIONS OF DISCHARGE
4.1. Goods will be delivered only in the territory of the Republic of Estonia and delivery will be carried out in accordance with the applicable laws of the Republic of Estonia. Delivery time is 2-3 days.
4.2. In case the buyer wants an accelerated delivery, the buyer will be charged for expedited delivery (express delivery service and other services). In other cases, the cost of delivery is borne by the party who is liable for such payment in the online store. In case the costs related to delivery are borne by the buyer, the corresponding price is also indicated on the order of the goods.
4.3. The seller decides alone how the goods are most conveniently delivered.
4.4. If the goods are ready for dispatch, the seller sends the buyer in writing a receipt for the receipt of the goods (by e-mail or SMS), stating the estimated delivery time. The seller has the obligation to deliver the goods within a reasonable time after the receipt of the receipt of the goods to the buyer, taking into account the forecast provided. The buyer is obliged to accept the goods immediately. The buyer is obliged to accept the goods immediately.
4.5. The risk of accidental loss and / or damage to the goods and other related risks will be transferred to the buyer from the moment of delivery of the goods at the point of delivery. If the seller can not transfer the goods for reasons related to the buyer, the risk of accidental loss and / or damage to the goods and other related risks will be transferred to the buyer from the moment the seller has duly fulfilled the delivery obligations of the purchaser of his goods.
4.6. The buyer is obligated to thoroughly review them immediately after receipt of the goods and check that all parts thereof are intact and in accordance with the order. Upon receipt of the shipment, the buyer immediately fixes all errors indicating damage to the goods during delivery, as well as any other apparent non-conformities that the buyer noticed or should have been aware of when receiving the goods, and immediately inform the vendor thereof. In case of other errors or non-conformities, the buyer has the right to submit claims only if such claims have been submitted to the seller in writing (by e-mail) within fourteen (14) days from receipt of the goods. In case the buyer violates any provision of clause 4.6, the seller has the right to refuse to accept the buyer’s claims regarding the goods or their delivery. In order to avoid any doubt, it is appropriate to specify that this paragraph does not apply to consumers.
4.7 Without prejudice to paragraph 10, the goods ordered by the buyer shall not be refundable, indemnified or replaced.
- DISCLAIMER OF THE ACCEPTANCE OF GOODS BY A BUYER
5.1. In case the buyer does not accept the delivered goods within the time specified by the seller, the buyer will bear all the costs related to the delivery (including the unexpected storage costs of the delivered items).
5.2. If the Buyer delays delivery of the goods for more than fourteen (14) days from the time when the seller informed the purchaser of the arrival of the goods, the seller has the right to terminate in full or in part the relevant part of the contract (including the order) by sending a notice to the buyer and requesting compensation from the seller, in connection with the buyer’s violation, that is, the failure to accept the shipment.
- PAYMENT TERMS
6.1. The ordered goods are paid in advance, regardless of the payment method chosen by the buyer. Settlement is done in euros.
6.2. In order to pay for goods ordered, the buyer must choose the appropriate payment method. Buyers are offered the following payment methods:
6.2.1. bank transfer;
6.2.3. credit card;
6.2.4. Payment invoice by clicking on the “Pay with invoice” button on confirmation of the order, after which the invoice for the order will be sent to the e-mail address given by the buyer. The buyer is obliged to pay the goods not later than within five (5) days from the receipt of the invoice into the bank account shown in the invoice;
6.2.5. To pay by installment, you must click on the “LHV Aftermarket” or “Lease Subscription” button after confirmation of the order, after which the buyer will apply for the relevant service offering the hire-purchase third-party and make a hire-purchase contract.
6.3. In order to avoid doubts, it is appropriate to specify that the seller’s obligation to deliver the ordered goods to the place does not enter into force until the seller has received the total payment due for the goods. It also applies when the purchaser applies the clauses 6.2.4 and 6.2.5. referred payment methods.
6.4. The seller will bear all costs associated with making the payment (for example, bank transfer, credit card or PayPal services). The payment is deemed to have been made in the seller’s account for the payment of the goods paid for the goods.
6.5. The buyer is not entitled to suspend payments in any way in respect of the circumstances for which the seller is liable or to offset these payments with any liability of the seller or to unilaterally reduce the price.
- HUMAN RIGHTS
7.1. The ownership of the goods is transferred to the buyer after the full payment of the price of the goods and all related payments to the seller.
7.2. Prior to the transfer of ownership, the buyer is not entitled to promise or pledge promise to the seller, and such promises or pledges are not binding on the seller.
8.1. The seller provides the purchased goods under the terms and conditions set out in clause 8 of the guarantee.
8.2. Guarantees in respect of defects in goods and materials that are not caused by normal wear and tear or buyer failure can be requested only in the following manner:
8.2.1. Full warranty: goods that are purchased with the installation service provided by the seller are subject to a full warranty. In order to use the warranty, the buyer must inform the seller of the error during the warranty period and provide a sufficiently precise description of the error. In the case of full warranty, the seller will bear the costs of removing errors and transporting the goods to the seller or his authorized service partner. All non-essential equipment must be removed from the goods to be returned.
8.2.2. Limited warranty: In the event of a warranty, the buyer is required to inform the seller of the error during the warranty period and provide a sufficiently precise description of the error. In the case of a limited warranty, the seller’s warranty obligation only covers the replacement of defective goods, spare parts or accessories by delivering the new product (s) to the buyer and does not cover any other costs (such as the cost of defect identification, transport costs, repairs, installation, etc.). As an additional constraint, the limited warranty covers a maximum of two (2) warranty cases (i.e., two cases of misconduct) for each purchase made, and the buyer has no additional warranty claims against the seller after the vendor has supplied, in the second guarantee case, a component of the new product replacing the damaged part of the goods .
8.3. The warranty period is 12 months from delivery of the goods to the buyer. The warranty period for consumer purchases is 24 months from the date of delivery.
8.4. The warranty is valid only if:
8.4.1. the goods are installed in accordance with the manufacturer’s factory installation instructions. All installation instructions are available at any time by sending this request to firstname.lastname@example.org;
8.4.2. the goods are regularly serviced before the error occurred;
8.4.3. the goods have been used in accordance with the seller’s instructions and instructions;
8.4.4. the error is not caused by the usual wear;
8.4.5. the fault is not due to the deliberate or negligent conduct of the buyer or any third party.
8.5. The buyer is obligated to inform the seller of the errors found no later than ten (10) days after the error was discovered using the following contact information: email@example.com
In the event of a breach of the obligations set out in clause 8, the seller has the right to refuse to apply the guarantee and to regard the guarantee as invalid.
8.6. Any defective goods and / or their components change after being replaced by the seller as assets. They must therefore be returned immediately to the seller.
8.7. The seller will not be liable to the buyer for implied damages to the extent permitted by applicable law.
- IMMEDIATE POWER
9.1. The seller has the right to cancel the order and not to assume responsibility for the failure to fully or partially abide by its contractual obligations if caused by circumstances of force majeure, such as fire, flood, earthquake, war, strike, changes in legislation, actions or omissions of the goods manufacturer or carrier, or any other circumstances beyond the control of the seller which the seller could not foresee at the time of the conclusion of the contract; provided that the seller could not prevent such a circumstance and its consequences, and these circumstances have a direct effect on the performance of this contract. In such a case, the time limit for the performance of his contractual obligations shall be extended by a period of such occurrence.
9.2. In case of force majeure, the seller is obliged to inform the buyer immediately and not later than within ten (10) days of such circumstances and their expected duration.
- CONSUMER RIGHTS
10.1. The rights and obligations set out in Section 10 apply only to consumers.
10.2 The consumer is entitled to return the ordered goods to the seller within fourteen (14) days from the receipt of the goods. The consumer is under an obligation to observe all applicable laws and regulations during the 14-day right of withdrawal and to keep the goods in good condition.
10.3 When exercising the right of withdrawal provided for in this section, the consumer is required to withdraw from the contract concluded between the parties by submitting a written withdrawal declaration to the seller. The application can be sent to the seller at: Kadaka tee 63, Tallinn 12915, Estonia; or by e-mail: firstname.lastname@example.org.
10.4 A consumer withdrawal application is deemed valid if the seller receives it within fourteen (14) days from delivery of the goods. The seller notifies the consumer immediately of receipt of the application by e-mail.
10.5 In case of withdrawal, the consumer is obliged to return the goods immediately to the seller in the same condition as he received them, but not later than within 14 days after the submission of the withdrawal claim. If the consumer does not return the goods by the due date set by the seller, the right to return the goods is deemed to be terminated.
10.6 The seller is obliged to return all payments received by the consumer for the goods purchased within fourteen (14) days from receipt of the withdrawal application. The seller will make the repayment provided in this clause using the same payment method that the consumer used to make the payment.
10.7. Without prejudice to the provisions of the preceding paragraph, the seller has the right to refuse to make a repayment until the consumer has returned the ordered goods to the seller or has submitted a confirmation certificate.
10.8. The consumer shall bear all direct costs (including, but not limited to, shipping costs) related to the return of goods delivered to the consumer under these terms of sale.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
11.1 Relations between the buyer and seller are subject to the laws applicable in the Republic of Estonia. The rights and obligations of the parties to these terms of sale do not apply to the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the parties thus expressly exclude the applicability of the CISG in relation to their terms of sale.
11.2. The Parties will use their best endeavors to resolve any disputes, inconsistencies and negotiation requirements arising from these terms of sale or their fulfillment.
11.3. In the event that the parties fail to reach an agreement by negotiation, all disputes, inconsistencies or claims arising out of these terms of sale or breach, termination or validity of the agreement, in Harju County Court, Estonia shall be settled. If the buyer is considered a consumer, the dispute shall be submitted to the competent court of the defendant’s country of residence or, at the consumer’s discretion, to the competent court of the country in which he is domiciled or to any other competent authority created in the applicable legal system for resolving consumer disputes (including the European online dispute resolution platform for out-of-court settlement of disputes: http://ec.europa.eu/odr).