General terms and conditions of thermory online store
In effect from 1 March 2021
These general terms and conditions of Thermory online store shall apply to all contracts of sale to be entered into in the online store located at the address https://shop.thermory.com/ from the date provided above until the publication and entry into force of the next version of these terms and conditions.
1. DEFINITIONS
1.1 The capitalised terms listed in this clause 1 are used in this Contract with the meaning assigned to them in this clause.
1.2 “Seller” means Thermory AS (registry code 10278819, address Lõõtsa 1a, 11415 Tallinn, e-mail [email protected], phone +372 606 2903, fax +372 606 290).
1.3 “Customer” means a person who has entered into a Contract with the Seller and whose data is specified in the Order.
1.4 “User” means a natural person who visits the Online Store and may place an Order there.
1.5 “Contract” means a contract of sale entered into or to be entered into in the Online Store, which comprises the Order and these Terms and Conditions.
1.6 “Online Store” means the online store located at the address https://shop.thermory.com/.
1.7 “Order” means the special terms and conditions of the Contract, which include the data of the Customer and products selected by the User in the Online Store, the Delivery Method and Place of Delivery.
1.8 “Terms and Conditions” mean these general terms and conditions of Thermory Online Store, which serve as the general terms and conditions of Contracts entered into or to be entered into from the date provided above until the publication and entry into force of the next version of the Terms and Conditions.
1.9 “Parties” mean the Seller and the Customer.
2. SUBJECT-MATTER OF CONTRACT
2.1 The subject-matter of Contract shall be the products specified in the Order that the Seller sells to the Customer.
3. ENTRY INTO THE CONTRACT
3.1 The Seller shall publish the descriptions and prices of products available in the Online Store.
3.2 The User shall place an Order in the Online Store by selecting the products requested by the Customer in the Online Store and entering the quantities of the products to be ordered and the Customer’s data.
3.3 The Seller shall submit an Order summary to the User, which includes the Customer’s data, subject-matter of Contract (incl. the products selected by the User), the total price of the subject-matter of Contract inclusive of shipping fees and value added tax, the time of confirming the Order, the date or range of dates on which the Seller or carrier designated by them makes the subject-matter of Contract available to the Customer or a third party designated by the Customer at the Place of Delivery.
3.4 The Contract shall be deemed to have been entered into if the Customer confirms the Order within the term prescribed for this.
3.5 The Customer shall confirm the Order by paying the total price of the subject-matter of Contract either by using the bank link indicated in the Order summary or by a transfer to the Seller’s bank account no. EE021010220030816018. The costs of the bank transfer shall be borne by the Customer. When paying by transfer, the Customer shall indicate the Order number in the payment description. In the event of discovering an input error, the Customer shall notify the Seller thereof at the first opportunity.
3.6 If the Seller and the Customer have agreed on conditions of payment that differ from those provided for in clause 3.5, the Seller shall enable the Customer to confirm the Order in some other manner.
3.7 If the Customer fails to confirm the Order within the term provided for in clause 3.3, the Seller may cancel the Order in part or in full or postpone the date of preparing the subject-matter of Contract for delivery to the Customer.
4. PERFORMANCE OF THE CONTRACT
4.1 The subject-matter of Contract to the Place of Delivery on the date or within the period provided for in clause and make it possible for the Customer and/or third parties designated by the Customer to unload it from the means of transport.
4.2 The subject-matter of Contract shall be deemed to have been delivered to the Customer and the risk of accidental destruction of and damage thereto shall be deemed to have been transferred to the Customer the moment that the Seller or carrier designated by the Seller has performed the obligations provided for in clause 4.1.
4.3 In the case provided for in clause 3.6, the Customer shall pay the full price of the subject-matter of Contract in the agreed manner and by the agreed date.
4.4 Unless the agreement provided for in clause 3.6 prescribes otherwise, the Seller shall issue a proper invoice to the Customer no later than upon the delivery of the subject-matter of Contract.
5. INSPECTING THE SUBJECT-MATTER OF CONTRACT AND REPORTING A NON-COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT
5.1 If the Customer enters into the Contract as part of their economic or professional activities, they shall inspect the accepted subject-matter of Contract or have it inspected without delay. If the subject-matter of Contract is accepted by the carrier on behalf of the Customer, the Customer may inspect it upon arrival at the destination.
5.2 The Customer shall notify the Seller of a non-compliance of the subject-matter of Contract with the terms and conditions of the Contract within seven days after they became or should have become aware of the non-compliance. A Customer who is a consumer shall notify the Seller of a non-compliance within two months after they became aware of the non-compliance.
5.3 If the Customer fails to notify the Seller of the non-compliance in a timely manner or fails to describe it precisely enough in the case of a Contract entered into as part of their economic or professional activities, they may not rely on the non-compliance of the subject-matter of Contract with the terms and conditions of the Contract, except for in cases provided for in law.
5.4 If the subject-matter of Contract does not comply with the terms and conditions of the Contract, the Customer shall have the right to rely on legal remedies provided for by law. If the Seller has given an additional warranty to some of the products included in the subject-matter of Contract, the Customer shall also have the right to rely on the terms and conditions of this additional warranty.
6. SETTLEMENT OF COMPLAINTS
6.1 The Customer’s complaints concerning the quality of the subject-matter of Contract shall be settled in accordance with the procedure provided for in this clause 6.
6.2 Upon discovery of a defect in the subject-matter of Contract, the Customer shall submit a complaint to the Seller by e-mail, indicating the name and contact details of the Customer, the date of submitting the complaint, the dates of entering into the Contract and receipt of the subject-matter of Contract, the descriptions of the subject-matter of Contract and the defect discovered therein, and the Customer’s proposal as to what the Seller should do to resolve the complaint. A Customer who is a consumer may also submit a complaint in another manner.
6.3 If the Customer starts to or continues with installing or reprocessing a defective subject-matter of Contract without receiving a response and further instructions from the Seller, the Seller shall be released from liability for the defect.
6.4 The Seller shall not be liable for defects in the subject-matter of Contract caused by the installation or reprocessing thereof without adhering to the installation or reprocessing instructions submitted or made available to the Customer.
6.5 If the Seller fails to respond to the complaint within 15 days or refuses to settle the complaint or if the Seller fails to reach an agreement with the Customer regarding the solution, a Customer who is a consumer shall have the right to turn to the Consumer Disputes Committee (https://komisjon.ee/) or submit a complaint on the European Commission online dispute resolution platform (https://ec.europa.eu/consumers/odr/).
7. LIABILITY
7.1 If the Customer fails to accept the subject-matter of Contract within the term provided for in clause 4.1, the Seller shall be entitled to demand from the Customer as contractual penalty 0.1% of the price of the subject-matter of Contract for each day of delay in acceptance.
7.2 If the delay in acceptance exceeds 30 days, the Seller shall be entitled to withdraw from the Contract and refund the Customer for the amount paid for the subject-matter of Contract minus up to 10% of contractual penalty to cover the costs of preparing the subject-matter of Contract for transport and storing thereof at the delivery point.
7.3 If the Customer delays with performing their obligation to pay for the subject-matter of Contract, the Seller shall have the right to demand from the Customer late payment interest of 0.1% of the outstanding amount for each day of delay.
7.4 If, according to the agreement provided for in clause 3.6, the Customer is obligated to pay the total price of the subject-matter of Contract or part thereof before the delivery of the subject-matter of Contract, the Seller may refuse to deliver the subject-matter of Contract until the Customer’s payment obligation has been performed. If the Customer fails to perform their payment obligation by the end of the deadline provided for in clause 4.1, they shall be deemed to be in delay in acceptance.
7.5 In the cases and to the extent provided for in law, the Parties shall be liable for direct damage caused to each other by breach of Contract. The Parties shall be liable for loss of profit and non-proprietary damage only in the case of intent or gross negligence.
7.6 Neither Party shall be liable for breach of their obligations if it was caused by force majeure and they have notified the other Party of the occurrence of force majeure as soon as reasonably possible. Force majeure shall also include any measures taken by governments or international organisations to fight an epidemic or a pandemic, including restrictions on the movement of goods and people, even if the Party who is prevented from performing their obligations due to these measures was aware of the respective epidemic or pandemic or the possibility of these measures being taken at the time of entering into the Contract or the occurrence of the noncontractual obligation.
8. GENERAL TERMS AND CONDITIONS
8.1 Consumer’s right of withdrawal. A Customer who is a consumer may withdraw from the Contract without giving a reason within 14 days after the receipt of the subject-matter of Contract. More detailed information about the right of withdrawal and the terms and conditions for exercising thereof are published in the instructions for withdrawing from a distance contract.
8.2 Processing of personal data. The Seller processes the personal data of the User and a Customer who is a consumer only to such an extent that is necessary for ensuring the functionality of the Online Store, entering into and performing Contracts, and for performing the Seller’s obligations arising from accounting rules and laws. When using card payments and bank links, the Seller (data controller) transmits personal data necessary for making payments to Maksekeskus AS (data processor). The Seller’s privacy policy is available at the address https://thermory.com/privaatsuspoliitika.
8.3 Intellectual property. The Online Store, including its structure, design, content, and functionality, is intellectual property owned by or licensed to the Seller, the partial or full reproduction or any use other than for the purpose of reviewing the products offered in the Online Store and preparing Contracts is permitted only with the Seller’s prior permission.
8.4 Electronic signatures and notices. The Seller and the Customer accept electronic signatures and notices sent to the e-mail addresses specified in the Contract in their mutual correspondence.
8.5 Merger clause. The Seller and the Customer have agreed that the Contract prescribes all the terms and conditions of the Contract. Any prior declarations of intention or agreements of the Parties not included in the Contract shall not be considered part of the Contract.
8.6 Invalidity of an individual term or condition. If any provision of the Contract proves to be null and void or impossible to apply, the Contract shall be deemed to have been entered into without this provision, unless at least one of the Parties, acting reasonably and in good faith, would not have entered into the Contract without this provision.
8.7 Reservation of ownership. The ownership of the subject-matter of Contract shall remain with the Seller until the full payment of the total price thereof.
8.8 The Seller may publish these Terms and Conditions in other languages besides Estonian. In case of any discrepancy between the Terms and Conditions published in Estonian and other languages, the Estonian text shall prevail.
8.9 Applicable law and jurisdiction. The law of the Republic of Estonia shall apply to the Contracts and these Terms and Conditions. Disputes that the Parties are unable to settle through negotiations in good faith shall be settled in Harju County Court.
PRECONTRACTUAL INFORMATION
We are Thermory AS (address Lõõtsa 1a, 11415 Tallinn, e-mail [email protected], phone +372 606 2903, fax +372 606 290).
You are about to enter into a contract of sale with us, the subject-matter of which is the product or products specified in the order you have prepared and the general terms and conditions of which are available at the address https://thermory.com/veebipoe-tingimused.
The order summary shows the total price of the subject-matter of contract inclusive of value added tax and the date or period when we will prepare the subject-matter of contract for you to pick up or deliver it to you. If you would like to pick the subject-matter of contract up at our delivery point, the total price of the subject-matter of contract will include preparation for transport and loading thereof onto your means of transport or that of a third person (incl. a carrier) designated by you. If you would like the subject-matter of contract to be delivered to an address in Estonia specified by you, the total price of the subject-matter of contract will include its transport to the destination, but unloading at the destination will be at your cost.
In order to confirm the order and enter into the contract of sale, you will have to pay the total price of the subject-matter of contract either using the bank link in the order summary or by a transfer to our bank account no. EE021010220030816018. The costs of bank transfer will be borne by you. When paying by transfer, indicate the order number in the payment description. If you discover that you have entered the order number incorrectly, please contact us as soon as possible.
If you would like to pick up the subject-matter of contract at our delivery point, we will hand it over to you or a third party (incl. a carrier) designated by you at our delivery point, the address and operating hours of which are specified in the order confirmation. The subject-matter of contract shall be deemed to have been delivered to you and the risk of accidental destruction of and damage thereto shall be deemed to have been transferred to you the moment that we have loaded it onto the aforementioned means of transport.
If you would like to have the subject-matter of contract delivered to you, we will deliver it to the address specified by you and allow you or a third party designated by you to unload it from the means of transport. The subject-matter of contract shall be deemed to have been delivered to you and the risk of accidental destruction of and damage thereto shall be deemed to have been transferred to you the moment of unloading thereof.
We will keep the subject-matter of contract at the delivery point free of charge for one week after the date of preparing thereof for delivery. If you fail to accept the subject-matter of contract within this term, we have the right to demand that you pay as contractual penalty 0.1% of the price of the subject-matter of contract for each day of delay in acceptance. If the delay in acceptance exceeds 30 days, we have the right to withdraw from the contract and refund the amount paid for the subject-matter of contract minus up to 10% of contractual penalty to cover the costs of preparing the subject-matter of contract for transport and storing thereof at the delivery point.
You have the right to withdraw from the contract of sale entered into in our online store without giving a reason within 14 days after the receipt of the subject-matter of contract. You can find more detailed information in the instructions for withdrawal from a distance contract.
If the subject-matter of contract does not comply with the terms and conditions of the contract, you have the right to rely on legal remedies provided for by law. We may give an additional warranty for some products in addition to the warranty provided for by law. In this case, you will find references to the terms and conditions of the additional warranties and services in the description of each of these products.
If a defect is discovered in the subject-matter of contract, please submit a complaint to us. If possible, submit the complaint by-email, indicating your name and contact details, the date of submitting the complaint, the dates of entering into the contract and receipt of the subject-matter of contract, the descriptions of the subject-matter of contract and the defect discovered therein, and your proposal as to what we should do to resolve the complaint.
If we fail to respond within 15 days or refuse to settle your complaint or if we fail to reach an agreement with you regarding the solution, you have the right to turn to the Consumer Disputes Committee, for more information about this visit the website https://komisjon.ee/.
INSTRUCTIONS FOR WITHDRAWAL FROM A DISTANCE CONTRACT
Right of withdrawal
If you are a consumer, i.e. a natural person who makes a transaction that is not related to conducting independent economic or professional activities, you have the right to withdraw from a contract of sale entered into in our online store within 14 days without giving a reason.
The term for withdrawal expires 14 days after the day on which you or a third person specified by you who is not a carrier took physical possession of the thing (or the last of them in the event of several things delivered separately).
To exercise the right of withdrawal, please notify us (Thermory AS, address Lõõtsa 1a, 11415 Tallinn, e-mail [email protected], phone +372 606 2903, fax +372 606 290) of your decision to withdraw from the contract in question by an unambiguous declaration (e.g., letter sent by mail, fax, or e-mail). You can use the attached standard withdrawal form, but this is not obligatory. You can also fill in and submit the standard withdrawal form or any other unambiguous declaration directly on our website at https://thermory.com. If you use this option, we will promptly send you a confirmation regarding the receipt of your withdrawal on a durable medium (for example, by e-mail).
To meet the deadline for exercising the right of withdrawal, all you have to do is send a notice of exercising the right of withdrawal before the expiry of the deadline for withdrawal.
Consequences of withdrawal from the contract
If you withdraw from the contract in question, we will refund all the payments received from you (including delivery costs if you chose delivery as the delivery method) promptly but no later than 14 days after the day on which we became aware of your decision to withdraw from the contract in question. We will make the refunds using the same payment method you used for making the payment, unless you have expressly given your consent to use a different payment method. In any case, you will not incur a service charge or any other costs for such a refund.
We may refuse to refund until we have received the thing serving as the subject-matter of contract or you have submitted proof that you have returned the thing, whichever comes first.
You will return the thing or hand it over to us immediately but no later than 14 days after the day that you notified us of your withdrawal from the contract in question. The deadline has been met if you return the thing serving as the subject-matter of contract before the end of the 14-day deadline. The direct costs of returning the thing must be borne by you.
You are only liable for a decrease in the value of the thing caused by the use of the thing in a manner other than what is necessary to ascertain the nature, properties and functioning of the thing.