1.General provisions and definitions
1.1. These general conditions apply to all sales contracts concluded by OÜ Dambis Eesti and are an integral addition to them.
1.2. The sales contract specifies the goods to be sold by the seller to the buyer, its quantity, price, payment method, conditions of handover, acceptance and delivery, as well as the term, information of the parties and other conditions that the parties consider important.
1.3. Offer – a written proposal for concluding a sales contract forwarded by the seller to the buyer;
1.4. Sales contract – an offer to which the buyer has given acceptance;
2.Conclusion of the sales contract
2.1. In order to conclude a sales contract, the seller forwards the offer to the buyer together with these general conditions or a reference to the address of the website where the general conditions are available and indicating the term of validity of the offer.
3.Rights and obligations of the seller in the performance of the sales contract
3.1. The seller undertakes to hand over the goods to the buyer and to enable the transfer of ownership of the goods to the buyer under the conditions agreed in the sales contract.
3.2. The seller undertakes to hand over the goods to the buyer in the manner and within the time limit specified in the sales contract, or to make them ready for the buyer’s disposal and to notify the buyer of the readiness. According to the provisions of the sales contract, it is possible to transfer the goods in the following ways and under the following conditions:
3.2.1. The goods are handed over to the buyer at the seller’s place of business. If the buyer picks up the goods himself at the agreed place at the agreed time, the seller has fulfilled his obligation if he has prepared the goods in the agreed place, time and manner and notified the buyer of this. If the buyer does not show up to pick up the goods at least 2 (two) times, it is a delay in the buyer’s acceptance.
3.2.2. The goods will be delivered at the location specified by the buyer. If the goods must be delivered to the buyer at the location indicated by the buyer, the seller either delivers the goods to the buyer himself or uses the corresponding service provider. In such a case, the seller must hand over the goods to the buyer at the location indicated by the buyer, or if the seller uses a transport service to deliver the goods, the seller’s obligation to hand over the goods to the buyer is considered fulfilled when the goods are handed over to the carrier, who is obliged to transport the goods from the place of shipment to the destination indicated by the buyer. If the buyer does not show up at the location designated by him to receive the goods at least 2 (two) times, it is a delay in the buyer’s acceptance.
3.2.3. The goods will be delivered at the location indicated by the buyer with installation. If, according to the sales contract, the goods must be delivered to the location specified by the buyer and also installed by the seller, the seller undertakes to deliver the goods to the address given by the buyer and install it. In this case, the goods are considered to have been handed over, if the parties have drawn up a corresponding deed on the handing over and installation of the goods.
3.3. Bearing the costs of the delivery of the goods is agreed upon in the sales contract.
3.4. When handing over the goods to the buyer, the seller undertakes to hand over the documents necessary for receiving, possessing, using and disposing of the goods (documents accompanying the goods).
3.5. The seller may retain the original document accompanying the goods if he has a legitimate interest in doing so. In this case, at the request of the buyer, the seller must give the buyer a copy or extract of the document instead of the original document.
3.6. The seller bears all costs and charges related to the matter until the delivery of the goods or until the buyer is delayed in receiving the goods, except for costs caused by circumstances arising from the buyer.
4.Transfer of Title and Risk of Accidental Destruction and Damage
4.1. Ownership of the goods is transferred to the buyer upon delivery of the goods to the buyer.
4.2. The risk of accidental destruction and damage of the goods passes to the buyer upon delivery of the goods. If a transport service is used, the risk of accidental destruction and damage to the goods is transferred to the buyer from the moment the goods are handed over to the carrier (except in the case of consumer sales). In the case of delivery and installation of the goods, the risk of accidental destruction and damage to the goods is transferred to the buyer from the moment the goods are also pinned down.
4.3. The risk of accidental destruction and damage to the item is also transferred to the buyer when the buyer is delayed in performing the action with which he must contribute to the delivery of the item, especially if he does not accept the item.
4.4. The transfer of the risk of accidental destruction and damage to the item is not affected by the seller’s right to retain the document accompanying the item.
5.Rights and obligations of the buyer in the execution of the sales contract
5.1. The buyer undertakes to pay the seller the sale price of the goods in accordance with the provisions of the sales contract. If the sales contract does not stipulate otherwise, the buyer is obliged to pay for the goods within 10 (ten) calendar days from the delivery of the goods.
5.2. The buyer undertakes to receive the goods from the seller at the place and time specified in the sales contract and to inspect them immediately. The buyer is obliged to submit all claims about the goods to the seller within 3 (three) days at the latest in a form that allows for written reproduction. If the buyer does not notify the seller of possible claims within 3 (three) days after receiving the goods, the buyer loses the right to later rely on the defects of the goods and to use the corresponding legal remedies. If the sales contract provides for the transportation of the item, the buyer must inspect the item immediately upon arrival of the item at its destination.
5.3. If the sold thing has to be sent to a place other than the place of delivery specified in the sales contract at the buyer’s request after the conclusion of the sales contract, the buyer will bear the additional costs related to this.
6.Delay in performance
6.1. If the buyer delays the payment of the sales price beyond the agreed deadline, the seller has the right to demand a late payment amounting to 0.2 (zero point two) % of the delayed payment amount for each calendar day of delayed payment. In the event that the buyer makes payments that are not sufficient to fulfill all obligations that become recoverable, the amount received is first considered to cover the debt collection costs, then to cover the loss, then to cover the liquidated damages, then to cover the late payment, then to cover the interest and then to cover the principal obligation.
7.Transmission of notices and complaints
7.1. Notices related to the sales contract are sent by e-mail to the party’s e-mail address specified in the sales contract.
7.2. Notifications sent by e-mail are considered delivered from the working day following the delivery of the notification.
7.3. Statements of withdrawal from the contract and letters of demand submitted to the other party in case of breach of contract must be in written form and digitally signed.
8.Warranty
8.1. The seller is responsible for design, manufacturing and material defects in the goods that appear within 2 (two) years from the delivery of the goods to the buyer.
8.2. In order to implement the warranty, the claim must be submitted to the seller in Estonian and with a description that is as understandable as possible about the defect(s) in the product and including photographic material about the defects.
8.3. The seller is not responsible for defects in the goods:
8.3.1. caused by accidental or intentional damage to the goods by the buyer;
8.3.2. which is caused by the buyer’s disregard of the product’s user manual;
8.3.3. in case the serial numbers, control stickers or other warranty seals on the goods have been damaged, changed or removed;
8.3.4. which has occurred as a result of normal wear and tear when using the goods.
9.Processing of personal data
9.1. The customer hereby gives the seller consent to the processing of his personal data.
9.2. When submitting an order and as a result of pre-contractual negotiations, the personal data disclosed by the buyer to the seller are entered into the customer register and are used to fulfill the sales contract and offer products to the buyer. The buyer agrees to the use of his contact information to receive offers from the seller. At any time, the buyer has the right to submit a request to stop sending offers and/or to delete contact data from the database.
9.3. The personal data to be registered includes information about the buyer’s order – buyer’s representative’s personal code, surname, first name(s), street, house, apartment number, settlement or city, zip code, telephone number, address, payment method and acceptance of sending sales offers.
9.4. Personal data is processed by the seller.
9.5. The buyer’s personal data, which are necessary for the delivery of the goods to the buyer, will be forwarded to the company providing the transport service and/or, in the case of installation, also to the company providing the installation service.
9.6. The buyer gives the seller consent to send promotional materials and sales offers to the e-mail address provided when placing the order, if the buyer has expressed a desire to receive such notifications when placing the order (with a check mark in the corresponding window). The buyer has the right to later withdraw such consent by submitting an e-mail with the relevant content to the e-mail address info@dambis.ee
10.Final Provisions
10.1. In the event of a conflict between the general terms and conditions of the sales contract, the terms of the sales contract shall apply.
10.2. The sales contract and general conditions can only be changed in writing.
10.3. The legal acts in force in the Republic of Estonia apply to the general conditions and the sales contract.
10.4. Disagreements and disputes related to the sales contract are resolved by the parties through negotiations. If disputes arising from the contract cannot be resolved through negotiations, the dispute will be resolved in Harju County Court.
