Terms of Use1. THE OBJECT OF THE TERMS AND THE GENERAL CONDITIONS 1.1 The purpose of these terms and conditions is to establish the legal relationship between the seller (Ariol Auto OÜ, with the registration code 11662974, VAT number EE101307932, located at Harju maakond, Tallinn, Lasnamäe linnaosa, Priisle tee 18, 13914, contact email info@asapparts.ee, and telephone) and the Client Company (referred to as the buyer) of the e-shop located at asapparts.ee. These terms and conditions govern the use of the e-shop, including orders and transactions. 1.2 The e-shop service provides the buyer with the ability to purchase products and services (referred to as goods) on the website asapparts.ee. A list and descriptions of the available goods are provided on the website. The e-shop offers goods "as is" and "as available". The use of the e-shop and access to it is at the sole discretion of the user. The seller is not liable for any damages that may result from the use of the e-shop or related applications. 1.3 By using the e-shop, the buyer confirms their agreement to these terms and conditions and their obligation to comply with them. In the case of a sale contract being established, the obligations of the seller and buyer will be binding in accordance with these terms and conditions. If the buyer does not agree with these terms, they must stop using the e-shop immediately. The seller has the right to not fulfill the buyer's order if they do not comply with these conditions or the instructions provided on the e-shop or if they do not pay for the order. 2. PARTIES TO THE TRANSACTION 2.1 To use the services and purchase goods from asapparts e-shop, the buyer must be an adult (at least 18 years old) and must be a natural person or legal entity. Before completing a sales contract or using the services of the e-shop, the buyer must confirm that they have read, understood and agree to abide by these terms and conditions. However, if a person who does not meet these requirements still uses the e-shop, submits orders and/or purchases goods, the person whose bank account or credit card is used to make the payment will be held responsible for the resulting actions. 3. COST, AVAILABILITY AND INFORMATION ON GOODS 3.1 The prices of all goods on the asapparts e-shop are listed in euros and include the current value-added tax of Estonia. 3.2 In addition to the price of the goods, the buyer is responsible for paying the cost of transportation to the delivery location. This cost varies depending on the quantity, weight, dimensions, and location of the goods. It is possible to receive the goods without transport costs at the seller's shop and/or warehouse, unless otherwise stated on the website asapparts.ee. 3.3 The goods selected by the buyer are added to a virtual shopping cart, and their cost is automatically calculated. Before making the payment, the buyer can review the contents and cost of the cart on the website. 3.4 The cost of transportation is also automatically calculated, assuming that the order is being delivered to a single address. If the buyer wants the goods to be delivered to multiple addresses, separate orders must be placed. 3.5 The transportation cost is waived if the total cost of one order, including VAT, exceeds 150 € and the delivery location is Estonia. 3.6 The seller has the right to change the prices of goods at any time without prior notice to the buyer. In the event that the seller changes the prices after the buyer has made a payment, the goods will be delivered at the prices indicated on the invoice, except in cases stated in section 3.7. If the price becomes more favorable than the one set on the invoice, the buyer is not entitled to claim compensation for the difference in price. 3.7 It is the responsibility of the buyer to immediately inform the seller of any errors or issues that prevent the use of the asapparts e-shop. As technical errors or cybercrime cannot be completely avoided, the seller reserves the right to review all orders and invoices paid. If an error is found, such as a disproportionately low price for a product, the seller has the right to cancel the order, void the sale contract and not deliver the goods. The seller will notify the buyer of the error via email or telephone within 7 business days of receipt of the invoice amount, and provide the option for the buyer to make a new order or receive a refund. 3.8 When using the asapparts e-shop, the buyer should be aware that the inventory displayed may not be completely accurate and up-to-date. Additionally, the buyer should be aware that goods are only reserved for them at the seller's warehouse after payment has been processed and receipt has been confirmed. The seller is not responsible for goods that are listed as "in stock" but are later found to be unavailable. In this case, the seller will notify the buyer of the unavailability within 7 business days and offer the option for a new order or a refund. The seller is not liable for any damages incurred by the buyer in this case. 3.9 When using the asapparts e-shop, it is important for the buyer to keep in mind that the images of goods provided are for illustration purposes only and may not perfectly match the actual appearance of the goods. The information provided on the e-shop is intended to be general and may be subject to change. To obtain more accurate and detailed information about a product, including its technical characteristics and appearance, the buyer can contact the seller through the e-shop, via email at info@asapparts.ee, or by telephone. 3.10 When using the asapparts e-shop, the buyer is responsible for:
4. ORDERING AND CONCLUDING CONTRACT OF SALE & PURCHASE 4.1 To purchase a selected item on the asapparts e-shop, the buyer must add the item to their virtual shopping cart by clicking the "Add to cart" button. If the buyer wants to add more items to the same order, they must repeat this action for each item. 4.2 After selecting an item and adding it to the cart, the buyer can view their cart by clicking the "View shopping cart" link (or by pressing the "Cart" button and clicking "Go to shopping cart" in the menu). In the cart, the buyer can adjust the quantity of the goods or remove items altogether. 4.3 Once the buyer has determined the desired items and quantities, they can complete their order by clicking the "Checkout" button. If the buyer has not yet registered on the asapparts e-shop, they will need to provide company information, including their email address and contact phone number, and complete registration by clicking the "Registration" button. To complete registration, the buyer must agree to the terms and conditions and privacy policy by ticking the corresponding box. The buyer has the right to print or save the terms in a digital format. The buyer is responsible for fulfilling their orders in accordance with the conditions and instructions provided on the e-shop, and they assume responsibility for ensuring the accuracy of the information they provide when placing an order, including any potential damages resulting from mistakes. 4.4 After providing their information, the buyer must select a preferred delivery method. They can choose "Will pick up the order from asapparts store: Tallinn" if they plan to retrieve the goods from the asapparts office, or "send items to me" if they prefer to use the transport service. If the buyer wishes to change the delivery method later, they can click "change delivery" and follow the instructions. 4.5 Once the buyer has selected their desired delivery method, a shopping cart containing the chosen items and delivery method will be displayed. If the buyer wishes to purchase the items in the cart, they must select a payment method by clicking the "Checkout" button again. If the buyer wants to make changes to their order, they must do so before selecting a payment method. 4.6 If the buyer chooses to pay through an online bank, they will be redirected to the chosen bank's website. After paying the invoice, the buyer must click the "Back to merchant" button and the seller will receive confirmation of the successful payment from the bank. 4.7 A sale contract between the seller and the buyer is considered to be concluded when the seller receives confirmation of the buyer's agreement to the terms and conditions, as outlined in clause 4.3, and the full payment for the order has been received on the seller's account. The seller will send a confirmation and invoice to the buyer's email address to confirm the conclusion of the contract. The seller will retain these documents for 7 years. 4.8 By signing up and placing an order, the buyer consents to the collection and processing of their personal data for the purpose of creating a customer relationship, finalizing, executing, modifying, and terminating a contract, offering goods, improving the quality of goods, and carrying out other related operations, as well as receiving offers from asapparts if they have separately consented to this. The buyer agrees that their personal data may be shared with third parties, including the manufacturer of the goods, as outlined by the Personal Data Protection Act. The buyer is aware of their rights to receive information about the personal data collected, the purpose for which it is used, who it has been shared with, and to request the correction of inaccurate data, termination, or deletion of data processing if it does not comply with the legislation. 5. EXECUTION OF ORDER 5.1 The buyer is responsible for the cost and risk of transporting the goods according to the terms established by the transport company they have chosen. For the customer's convenience, an approximate delivery date will be displayed in the shopping cart. 5.2 If after the sale contract is concluded, it becomes apparent that the items the buyer purchased are out of stock and the delivery date has changed, the seller will inform the buyer of the new delivery date. If the buyer is not interested in purchasing the item due to the extended delivery time, they have the right to cancel the sale contract according to clause 6.1 of the terms. The seller is not liable for any damages caused by delays in the delivery of goods. 5.3 If the delivery of goods, a delayed delivery, or any other misunderstandings occur due to inaccuracies in the information provided by the buyer, the buyer does not have the right to cancel the sale contract according to clause 6.1 of the terms. 5.4 Before accepting the goods and signing the delivery note, the buyer must thoroughly inspect the packaging of the goods. If there is any physical damage, it must be noted on the delivery slip and the seller must be informed within 1 business day via email at info@asapparts.ee or by phone. The buyer has the right to not accept goods with damaged packaging. If the goods are received and there is no notification of damaged packaging, it is assumed that the goods were delivered in good condition to the buyer. The buyer also has the right to not accept damaged goods. 5.5 Upon receiving the goods and before installing, assembling, painting or using them, the buyer is responsible for carefully inspecting the goods and packaging to prevent damage, including factory markings or serial numbers. The buyer must also ensure that the goods are suitable for their vehicle. This is important in case the sale contract needs to be cancelled, as it reduces the risk of damage outlined in clauses 6.9 and 6.11 of the terms. 6. CANCELLATION OF THE SALE CONTRACT 6.1 The Buyer has the right to terminate the sales contract if the delivery date for the specified location is delayed due to the Seller. Within 2 business days of receiving information about the delay, the Buyer can submit a written request to info@asapparts.ee to cancel the contract. If a request is not submitted, the goods will not be returned. 6.2 If the Buyer is a consumer as defined by consumer protection laws, they have the right to cancel the contract of sale within 14 days of receiving the goods. To do so, the Buyer must send a written notice to the Seller at info@asapparts.ee within the specified time frame, using the provided application form (https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa1.pdf). The Buyer must also specify in the notice whether they would like a refund for the cost of the order or if they would like to exchange the goods for other items offered by the Seller. If the Buyer does not submit this notice, the prepaid amount will remain on the Buyer's account and after three years, the Seller has the right to use the funds for their own benefit. 6.3 The Buyer is not able to cancel the sales contract in accordance with Clause 6.2 of the Terms if the goods fall under any of the following categories:
6.4 If the Buyer decides to delete their account from the asapparts e-shop, they will not be able to cancel or withdraw from any ongoing sales contract in accordance with Clauses 6.2 and 7.3 of the terms. 6.5 If the buyer chooses to withdraw from a sales contract in accordance with Clause 6.2, the seller will refund the cost of the goods and the most favorable shipping costs provided to the buyer upon delivery. The seller has the right to not refund the buyer until the buyer has returned the goods. 6.6 If the buyer chooses a more expensive shipping option, the seller will only reimburse the cost of standard shipping. 6.7 The seller will return the amount paid for the goods to the original payment method or bank account within 14 calendar days of receiving the cancellation request, as long as the buyer has returned the goods within the same time frame and the goods are in compliance with the terms of use. The seller may also reduce or cancel the refund if necessary in accordance with Clause 6.11 of the terms. 6.8 The repayment period for the amount paid by the Buyer will be extended if the goods are not returned in a timely manner. 6.9 The goods returned by the Buyer must be complete and in their original packaging (the original packaging must not be damaged or spoiled) and must include all products and accessories that were originally included with the set of goods. Additional packages with fixtures must not be opened. The packaging should not have any foreign tags (price tags, etc.). If the goods were purchased as part of a promotion or if they came with other goods, the Buyer is required to return all purchased items, including the goods and other products. 6.10 The Buyer is responsible for the costs associated with returning the goods, except in cases where the goods do not match the description provided on the asapparts e-shop. 6.11 If the goods and/or packaging returned by the Buyer are damaged or in poor condition (showing signs of installation, paint, writing on the package, etc.), the Seller has the right to reassess the price of the goods and lower it due to the damage and deduct it from the amount refunded to the Buyer; or refuse to accept the goods altogether. In the event that the Buyer disagrees with the reduction in the value of the goods as a result of the reassessment, the Buyer has the right to engage an independent, licensed expert for a fair evaluation of the value reduction. The cost of the expert assessment will be borne by the party whose opinion is deemed unfounded. 6.12 The Seller reserves the right to terminate the sales contract if a technical error causes a product's price to be disproportionately low compared to market prices and the Seller is unable to prove that the price is a result of product damage. Additionally, the Seller has the right to withdraw from the contract if the goods are out of stock even after the Buyer has made payment. The Seller has the right to refuse to fulfill these transactions and will notify the Buyer accordingly. To terminate the contract, the Seller must provide written notice to the Buyer using the email address provided. In the event of a refused transaction, the Seller will return the amount paid for the goods and transportation within 14 days. 6.13 Both parties, the Buyer and the Seller, have the right to terminate the contract and to seek remedies for any breach of the terms and conditions. 7. RESPONSIBILITY OF THE SELLER FOR NON-CONFORMITY OF GOODS 7.1 The Seller is responsible for any non-compliance of the goods with the terms and conditions of the sales contract that becomes apparent within 2 years from the date of delivery of the goods to the Buyer as per legal requirements. 7.2 If the goods delivered to the Buyer do not meet the terms of the contract, the Buyer must inform the Seller as soon as possible but no later than 2 months after discovering such issues, by sending the invoice on which the goods were paid for and a written complaint to the email info@asapparts.ee. In the event of non-compliance, the use of the goods should be immediately suspended and the Seller notified promptly. The Buyer must include in the complaint their name, contact information, the date of the complaint, the date of identifying the defect, a description of the exact defect, claims against the Seller regarding the defect, and also provide a document that confirms the sales contract between the Buyer and the Seller. 7.3 The Buyer has the right to demand from the Seller the repair or replacement of goods that are found to be damaged or defective. If these measures are not possible or unreasonable, the Buyer has the right to cancel the sales contract and receive a refund for the purchased goods. The Seller will not cover any additional costs incurred during the replacement process, such as assembly, disassembly, transportation, or postage, unless otherwise stated in the sales contract. 7.4 The Seller is not liable for any damages resulting from the Buyer's misuse of the goods. 8. MODIFICATION OF THE CONDITIONS, SETTLEMENT OF DISPUTES 8.1 All materials published on the asapparts e-shop website belong to the Seller or the Seller has obtained a license from the copyright owner for commercial use. The copyright also applies to the terms of use of this e-shop. 8.2 The Buyer is allowed to store these terms and conditions on their device to ensure written reproduction when necessary when entering into a sales contract. 8.3 The Seller reserves the right, at any time, to modify these terms and conditions in whole or in part without prior notice to the Buyer. Any changes will be effective immediately upon being published on the asapparts e-shop website at asapparts.ee. These changes will not apply to any previous orders that have been accepted. 8.4 Both parties will be held responsible for any damage caused by violations of the laws established by Estonia. The Seller's liability is limited to the cost of the goods and, in certain cases, the cost of transportation, and they are only liable for breaches of the terms that are illegal. The Seller is not responsible for the loss of revenue for the Buyer or for any damage suffered by the Buyer or for delays in delivering the goods. 8.5 The sales contract and use of the asapparts e-shop are governed by the laws of Estonia. Any disputes will be attempted to be resolved through negotiation. If a solution cannot be reached, disputes will be taken to the Consumer Disputes Committee at Pronksi 12 Tallinn, or if the dispute is with a legal entity, it will be resolved in the Harju Maakohtus. 8.6 The Buyer has the right to use the remedies provided by the Law of Obligations Act, such as demanding fulfillment of the obligation, refusing to fulfill their own obligation, seeking compensation for damages, canceling the contract, lowering the price, or demanding interest for late payment of a financial obligation. 8.7 Disputes between consumers can also be resolved through electronic means by using the platform provided by the European Commission at: http://ec.europa.eu/odr. |
