Terms of Sale

1. Effect of terms and conditions of sale

1. These Terms and Conditions of Sale (hereinafter referred to as the Terms and Conditions) apply to the legal relations arising between the customer www.abckaup.ee (hereinafter referred to as the Buyer) and the owner of the electronic trading environment (hereinafter referred to as the Online Store) ABCkaup OÜ (hereinafter referred to as the Seller), reg. code 10898002 address: Männiku tee 106b, 11216 Tallinn , Estonia, phone +372 58180100, e-mail info@abckaup.ee.
2. For the purposes of the Terms and Conditions, the Buyer shall be deemed to be both a natural person and a legal entity. In certain matters, the provisions applicable to a natural person Buyer may differ from those applicable to a legal person Buyer if the Buyer is a consumer.
3. A consumer is a natural person who makes a transaction not related to the performance of independent economic or professional activities. In particular, the Seller considers a person who has made a purchase to be a legal entity if a legal entity has paid for the goods or an invoice for payment for the goods has been issued to a legal entity.
4. By placing an order, the Buyer confirms that he/she is a legally capable natural person of at least 18 years of age. By placing an order, the Buyer under 18 years of age confirms that his/her legal representative has given his/her consent to the transaction and the use of the necessary means for this purpose.
5. In matters not regulated by the Terms and Conditions, the parties shall be guided by the legislation in force in the Republic of Estonia.
6. The Seller reserves the right to unilaterally change these Terms and Conditions. Changes and amendments to the Terms and Conditions shall take effect from the moment of their publication on www.abckaup.ee or at the time specified in the Terms and Conditions. If the Buyer has transferred his order before the amended Terms and Conditions come into force, the Terms and Conditions in force at the time of its transfer shall apply to the order, unless otherwise provided by law or these Terms and Conditions.
7. The Seller has the right to change the range and prices of goods sold in the online store at any time, unless otherwise provided by the Terms and Conditions. The Buyer understands that if he/she has added a product to the cart or favorites, but has not placed an order with the Seller, the price of the product may change by the time of placing an order. In the event of a change in the price of the goods, the Buyer shall pay the Seller the price for the goods in effect at the time of placing the order.

2. order placement

1. A customer can place orders in the online store either as a guest (i.e. without registering as a user) or as a registered user. Registering as a user enables you to save and share your shopping cart and preferences.
2. To register as a user, the Buyer must register as a customer of the Seller by providing an e-mail address and password. The Buyer may also register as a user of the Seller using e-mail and password.
3. To place an order, you need to add the selected items to your shopping cart. Adding an item to the cart does not obligate you to buy the item and does not entail any financial obligations. Before placing an order, you can change, delete or add items to the cart.
4. You should fill in all required data fields and select a convenient method of goods delivery. After that, the amount to be paid via bank link (Swedbank, SEB, Luminor, LHV, COOP Pank, Citadele, Revolut, N26.), card (Visa/Mastercard) or invoice will appear on the screen. When purchasing by installments, the terms and conditions specified by the installment service provider apply. Clicking on the installment icon will automatically take you to the website of the installment service provider.
5. The order shall be deemed to have been placed and the contract of sale between the Seller and the Buyer shall be deemed to have been concluded when the amount payable for the order is credited to the Seller’s account. The order shall be paid in advance.
6. If the ordered goods are already out of stock or cannot be delivered for any other reason, the Buyer shall be notified of this at the earliest opportunity and shall be promptly refunded within 14 days of sending the notice at the latest.

3. Delivery

1. After payment for the ordered goods, the Seller shall complete the goods and deliver them to the Buyer by the method chosen by the Buyer.
2. When placing an order, the Buyer can choose the most convenient delivery method:
   • by courier to the front of the building;
   • delivered to a mail machine;
   • pick up the goods at the Seller’s representative office.
3. Delivery time is given for each product separately. Delivery times are given with a reserve – in most cases the goods are delivered faster.
4. If there are items with different delivery dates in the same cart, the order will arrive at the later date.
5. The ordered goods can also be received at our representative office.

4. rejection of the goods or delay in receiving them

1. By accepting the Terms and Conditions, the Buyer agrees that in case of failure to deliver the goods to the Buyer at the time agreed in advance with the courier, or if the Buyer fails to come to the representative office for the goods within 14 days of placing the order, the goods shall be returned to the Seller. When returning the goods to the Seller, it is considered that the Buyer has canceled the order, and the Seller shall return the purchase amount to the Buyer immediately, no later than within 14 calendar days, to the same settlement account from which the purchase was paid. The cost of delivery of goods to the customer shall not be refunded.
2. In case the Buyer has not received the goods for the reason specified in clause 4.1, the Buyer has the right to contact the Seller and ask for resending the goods if the Seller has not unpacked the goods contained in the shipment. If the goods completed by the Buyer have not yet been unpacked by the Seller, the Seller shall make a new attempt to send the goods to the Buyer and the Buyer shall not be obliged to pay for the goods again, but shall be obliged to pay for the delivery.

5. Payment for goods

1. The ordered goods shall be paid in advance regardless of the payment method chosen by the Buyer. Settlements shall be made in euros.
2. When paying for the goods, the Buyer must choose a payment method suitable for him:
   • by bank link;
   • by credit card;
   • on account;
   • in installments.
3. To pay by installments, it is necessary to click the “Pay” order confirmation button, after which the Buyer will be redirected to a third party offering an installment service to request this service and conclude an installment agreement.
4. For registered users who are not consumers, the Seller authorizes payment by invoice by agreement. After confirmation of the order by the Buyer, the invoice issued for the order is sent to the e-mail address specified by the Buyer. The Buyer is obliged to pay for the goods according to the bank account indicated in the invoice within one (1) calendar day after receipt of the invoice.
5. It should be clarified that the Seller’s obligation to deliver the ordered goods does not take effect until the Seller has received the full amount payable. This also applies if the Buyer uses the payment methods specified in clauses 5.2.4 and 5.2.5.

6. Cancellation of order and claims

1. If the Buyer has not paid for the goods in accordance with the Terms and Conditions, the Seller has the right to cancel the order (withdraw from the purchase agreement) by informing the Buyer by phone or e-mail.
2. The Buyer, as a consumer, has the right to make claims against the Seller in respect of the goods for a period of two years from the date of handover of the goods to the Buyer. In the case of a sale to the consumer, it shall be presumed that defects occurring within six months from the date of delivery of the goods to the Buyer were present at the time of delivery of the goods, unless such presumption is contrary to the nature of the goods or the defect.
3. If the Buyer wishes to file a claim regarding the non-conformity of the goods with the terms and conditions of the contract, it must be filed with the Seller within two months from the day when the Buyer became aware that the goods do not conform to the terms and conditions of the contract. The claim shall be notified to the e-mail address info@abckaup.ee or by phone +372 58180100.
4. The Seller shall consider a claim submitted by the Buyer within 15 days of receipt. If the Seller agrees with the claim, it shall, at its discretion, either repair the defect or replace the defective goods. If the repair or replacement of the goods is impossible, the Seller shall, within 14 days of receipt of the claim, refund the amount paid by the Buyer for the defective goods to the account specified by the Buyer. The cost of delivery of the goods shall not be refunded. If the defective goods are replaced, they shall be delivered to the Buyer by the method chosen by the Buyer.
5. The Buyer as a legal entity has the right to make claims against the Seller for the goods within seven (7) calendar days of receipt of the goods. The Buyer may not make any claims against the Seller after this period has expired.

7. Right of the Buyer to withdraw from the contract

1. The Buyer as a consumer has the right to return the ordered goods to the Seller without giving any reasons (withdraw from the purchase agreement) within 14 days after receipt of the goods by sending a corresponding application to the Seller and returning the goods at the Seller’s own expense to the address Männiku tee 106b, 11216 Tallinn, Estonia during the Seller’s working hours.
2. In order to deviate from the contract, the Buyer must submit a free-form deviation application or send it to info@abckaup.ee.
3. A declaration of deviation from the contract shall be deemed valid if received by the Seller within fourteen (14) days of delivery of the goods. The Seller shall immediately notify the Buyer by e-mail of the receipt of the statement.
4. In case of deviation from the contract, the Buyer shall be obliged to return the goods to the Seller immediately, no later than fourteen (14) days from the date of submission of the notice of deviation, in the same condition in which it received them. If the Buyer fails to return the goods within the term set by the Seller, the right to return the goods shall be deemed to have lapsed.
5. In case of Buyer’s withdrawal from the contract, the Seller shall refund the payments received for the goods ordered by the Buyer within fourteen (14) days from the date of receipt of the notice of withdrawal. The Seller shall make the refund using the same method of payment used by the Buyer. In doing so, Seller shall have the right to refuse to refund Buyer until Buyer returns the ordered goods to Seller and confirms the return. The Seller shall examine the goods returned by the Buyer no later than within fourteen (14) days from the date of receipt of the application for withdrawal from the contract and inform the Buyer whether the goods are subject to return. Delivery costs are not refundable.
6. All direct costs (including but not limited to shipping costs) associated with the return of goods to the Seller shall be borne by the Buyer.
7. If the goods have been used other than necessary to establish their nature, properties and proper functioning, or if they show signs of use or wear and tear, the Seller has the right to reduce the amount refunded in proportion to the reduction in the value of the goods. Used or damaged goods may not be returned; the returned goods must be in their original packaging. In order to exercise the right of derogation from the contract and to avoid the payment of compensation in case of return, the packaging must be opened carefully without damaging it. In order to familiarize yourself with the goods, they may be used in such a way as to ascertain their nature, properties and function. The returned goods must be complete (contain all items from the product packaging). If the product was purchased as part of a campaign in which another product was attached to it, the Buyer must return the entire set (i.e. all products).
8. The right of derogation provided for in this paragraph shall not apply if the Buyer is a legal person.

8. Responsibility

1. The Seller shall be liable to the Buyer for direct damage caused to the other party by violation of these Terms and Conditions in the cases and to the extent provided for in the legislation in force in the Republic of Estonia.
2. The Seller shall not be liable for any damage caused to the Buyer if the delivery of goods is delayed due to circumstances that the Seller could not influence and the occurrence of which could not be foreseen, including in case of delays in delivery of goods caused by possible technical failures in the online store.

9. Applicable law and dispute resolution

1. The relations between the Buyer and the Seller shall be governed by the laws in force in the Republic of Estonia.
2. Disputes arising between the Buyer and the Seller when ordering and purchasing goods shall be resolved through negotiations. If negotiations do not yield the desired results or the Buyer does not agree with the solution proposed by the Seller and believes that his/her rights have been violated, the Buyer-Consumer has the right to file a complaint with the Consumer Disputes Commission through the Department of Consumer Protection and Technical Supervision or file a complaint with the court. Applying to the Commission is free of charge for the Consumer, the Consumer may file a complaint himself or herself or through a representative. The data of the Consumer Disputes Commission is available on the website of the Department of Consumer Protection and Technical Supervision tarbijakaitseamet.ee. The Buyer, who is not a consumer, in case of failure to reach an agreement on the dispute, has the right to apply to the court. Legal disputes between the Seller and the Buyer who is not a consumer shall be settled only in Harju County Court.
3. In addition to clause 9.2, a customer who is a natural person has the right to file a complaint related to distance selling through the European Union’s electronic environment ODR (Online Dispute Resolution) at ec.europa.eu/consumers/odr. The ODR online platform is designed primarily for cross-border dispute resolution, which makes it easier for the consumer to find a specific out-of-court institution suitable for resolving the dispute in the country where the seller is located. In Estonia, the EU Consumer Counseling Unit of the Consumer Protection and Technical Supervision Board offers assistance and advice in resolving cross-border complaints through the ODR platform, if necessary.