Conditions of Use of Charlot.ee
Valid from 1st of July 2018
1. GENERAL PROVISIONS
1.1 These conditions of use (hereinafter referred to as “terms") shall apply to the clients (hereinafter as “buyer”) of the webshop Charlot.ee (hereinafter as “Charlot.ee”) and to the legal relationships arising from the entering into contracts with the holding company of Charlot OÜ (hereinafter as “seller”). These terms specify, the rights and obligations of the seller and the buyer, their liability, conditions for the ownership and payment of goods, delivery and reclamation procedures and general information about the services provided by the seller.
1.2 A buyer/customer may be any natural person who is at least 18 years of age and all legal entities who before placing the order, confirm that they have read and agree with these terms and undertake to fulfill them.
1.3 If the purchaser is a natural person under the age of 18, they confirm by placing an e-shop order that their legal representative has approved the purchase in accordance with the law, or that they fulfil the contractual obligations with funds provided to them for that purpose or for free use with the expressed consent of their legal representative or if the aforementioned agrees to it, also a third party.
1.4 If the buyer is a legal person, the seller assumes that, when placing an order in the name of the legal person, the ordering party has all the rights and powers to perform such a transaction. In case of doubt, the seller is entitled to suspend, interrupt or refuse to dispatch the order until the buyer has demonstrated the right of representation to the seller.
1.5 The buyer agrees with the condition, that if their unethical or criminal conduct becomes apparent or they abuse the right of withdrawal, the seller has the right to close their client account and refuse them further service.
1.6 The seller reserves the right to amend or supplement these terms and conditions without notice. Amendments are announced on the Charlot.ee website and will enter into force at the time of publication on the Charlot.ee website. In the event that the order was submitted before the amendments to the terms of purchase entered into force, the terms that were in force at the time of placing the order shall be applied unless otherwise provided by law or in these here terms.
1.7 The seller is not in any way liable for any damages incurred due to the fact that the buyer has not read these terms.
1.8 Issues not regulated under these terms are governed by the legislation in force in the Republic of Estonia
1.9. The buyer has the right to use all remedies provided for in the law in the event of non-compliance of the product according to contractual terms, and to appeal to the Consumer Disputes Committee of the Consumer Protection Board, which has the competence to resolve disputes arising from the contract between the buyer and seller, which the parties have not been able to resolve by negotiation, provided that the value of the product or service in question is 20 euros or more. A complaint to the Consumer Disputes Committee is free of charge to the parties. No goods shall be bought back from legal persons.
2. CUSTOMER DATA, DATA PROTECTION
2.1 The personal data transmitted by the buyer to the seller is handled in accordance with the Data Protection Act. All data provided by the buyer to Charlot OÜ will be used only to fulfill the order and, if necessary, to provide additional information. Charlot OÜ confirms that all data submitted by the buyer to the e-shop will be treated confidentially and will not be disclosed to third parties, except in cases provided for by law.
2.2 The buyer is responsible for ensuring that their login details (email address and password) do not fall into the hands of third parties. Should the login information of the buyer fall into the hands of third parties, then the seller has no liability in connection with damages incurred to the Buyer.
2.3. The buyer is responsible for the accuracy of the data provided. The seller is not liable in any way for the consequences of the inaccurate data entered by the buyer.
2.4. Should the info submitted by the buyer to the seller change, then such data need to be immediately renewed on the Charlot.ee website. The seller is not liable in any way for the consequences of the inaccuracy or expiration of the data entered by the buyer.
2.5 If the buyer attempts to undermine, damage, disturb or interfere with the work of the Charlot.ee online store, by action or inaction, the seller is entitled to immediately and without notice to restrict or discontinue the client's access to the website and refuse to accept orders from them in the future.
2.6 The privacy terms of Charlot OÜ are available at https://charlot.ee/privaatsustingimused/
3. PRODUCT AVAILABILITY AND PRICE
3.1 Prices on the Charlot.ee website can be displayed with or without VAT, the choice of which is made by the buyer.
3.2 The availability and price of the goods on Charlot.ee website may change. Changes will take effect on the date of their publication on the Charlot.ee website.
3.3 Charlot OÜ has the right to withdraw from the contract and refund the funds back to the buyer.
3.4 Charlot OÜ has the right to send information to the buyer about new products, promotions, and sales on the homepage of www.charlot.ee and with its co-operation partners and through the means of communication provided by the buyer.
4. SUBMISSION OF ORDERS
4.1 The buyer can submit an order to the seller via the Charlot.ee ordering system or via e-mail email@example.com.
4.2 The submission of an order does not mean the automatic booking of the goods. After ordering from Charlot.ee, an order confirmation will arrive within a few minutes to the email address entered by the buyer. If a confirmation does not arrive within one hour, please contact us at firstname.lastname@example.org or on working days via phone: (+372) 666 1580.
4.3 If the order is placed via other means of communication, then the confirmation will be sent to the buyer within one (1) working day.
4.4 If the execution of an order proves to be impossible, the seller's representative has the right to offer the buyer the opportunity to select equivalent goods. If the buyer does not wish to substitute the goods, and if payment for it has already been made, the order will be canceled, and the money will be returned by the seller within 7 calendar days to the buyer’s bank account from which the transfer was made from.
5. ENTERING INTO A CONTRACT
5.1 The purchase and sale agreement between the buyer and seller is deemed to have been concluded from the moment that the buyer has submitted an order and paid for the goods to the seller's bank account unless agreed otherwise.
6. CANCELING AN ORDER
6.1 The buyer has the right to cancel an erroneous order by notifying the seller via e-mail, telephone or other channels.
6.2 The order is canceled automatically if the buyer has not paid the advance payment within 7 (seven) calendar days.
7 PAYMENT FOR GOODS
7.1 The buyer pays for the goods by advance payment, except for the conditions specified in clause 7.3.
7.2 The buyer has the option to choose between the following payment methods: a bank transfer to the Seller's bank account, cash in receipt of the goods, payment cards at the Charlot OÜ stores.
7.3 A buyer who is a legal person, with whom a client agreement is concluded, shall pay for the goods in accordance with the said agreement.
7.4 If the buyer has not made payment for the goods within the term specified in clause 6.2 hereof, the seller is entitled to cancel the order without informing the buyer thereof.
8. DELIVERY OF GOODS
8.1 The size of the delivery fee added to the order depends on the chosen delivery method selected when placing the order. Goods already in the warehouse will be sent out within three working days after the goods have been paid for. The final delivery time depends on the chosen mode of delivery.
8.2 On the request of the buyer, goods will be delivered via courier or to a parcel terminal. In this case, the delivery fee will be added to the price, in accordance with the price list on the Charlot.ee’s web site.
8.3 The purchased goods will be delivered to the buyer by Charlot OÜ.
9. WITHDRAWING FROM A PURCHASE
9.1 A buyer who is a natural person is entitled to withdraw from a contract that they entered into via means of distance communication within 14 days in accordance with the legislation in force in the Republic of Estonia.
9.3 Upon withdrawal from the contract, a respective notice must be sent immediately to the e-mail email@example.com, but no later than 14 calendar days, or the return form must be filled out on the website www.charlot.ee. Goods must be returned no later than 30 calendar days after receiving the confirmation to the notice of withdrawal from the seller.
9.4 Goods that have been made as per to the special preferences or needs of the buyer cannot be returned. Goods that have their package opened after delivery and the return of which would as such be deemed unacceptable are usually of hygienic or health nature. It is also not possible to return audio and video recordings, computer software, batteries, etc., with open enclosures. Newspapers, magazines, books and other periodicals are also non-returnable.
9.5 A buyer (including a self-employed person) operating in an economic or professional capacity has the right to withdraw from the sales contract that is the basis for the purchase, only on the bases provided for by law for such actions. The latter shall provide documents, that would facilitate the withdrawal in the first place. If the withdrawal from the sales contract is done validly, the seller shall return the money received on the basis of the sales contract within 30 calendar days, but not before the buyer returns the item to the seller. In case the sales contract is canceled before the transfer of the goods to the buyer, the seller has the right to demand a contractual fine of 25% of the sales agreement from the economic or professional buyer and to offset it with the amount to be refunded.
9.6 The costs of repayment shall be borne by the buyer unless the goods delivered to the buyer do not conform to the agreement.
9.7 Upon the return of the goods, the seller shall offer the opportunity to replace the goods with other goods, together with the conversion of the price.
9.8. If the buyer does not wish to replace the goods, the seller refunds the sum on their bank account no later than in 14 days, provided that there is no reason to reduce or set off the amount to be refunded to the buyer Other costs incurred by the buyer (e.g. bank fees, interest, transport, etc.) are not refundable by the seller. The refund will only be made to the bank account from which the order was paid for.
9.9. The product returned by the buyer must be complete (contain all items included in the original product packaging, including accessories and their packaging). If a product has been purchased during a sales offer during which another product has been added to the product sold, then the consumer-buyer must return the entire set, that is, both the product and all complementary or extra items that it was sent with. The original packaging of the returned product must not be defective and must have a commercial appearance.
9.10 The seller shall not be liable for damages caused by defective products such as damage to property or information, loss of turnover or profit. The seller's liability arising from the sales contract is limited to the cost of the product in cases where the aforementioned is not in conflict with the law.
INFORMATION IN THE E-SHOP
10.1 The seller will do their best to ensure that the information contained on their website is correct and up-to-date. The seller has the right to modify and update the information online at any time, whilst also to partly or completely remove info from the website.
10.2 The seller reserves the right to adjust the prices accordingly, without prior notice to potential buyers. Changes in prices have no retroactive effect on already paid for, but not yet delivered orders.
10.3 In the event of doubt that the info on the e-shop may be non-compliant with reality, it is advised to contact the seller before placing the order and to ask the seller to provide explanations to any questions about the goods.
10.4 The seller is not responsible for the compliance of the goods with information received from other sources (e.g., Hinnavaatlus).
If you have any questions, please email us at firstname.lastname@example.org or call +372 666 1580.
Warranty and submitting complaints
1. Goods purchased from the Charlot.ee webshop have a 24-month warranty period for private persons during which they can submit complaints about the goods. The warranty period for legal persons is specified by the manufacturer.
2. During the 24-month warranty period, the consumer is entitled to have the goods repaired or replaced free of charge. If the fault is caused by the fault of the manufacturer, all material and manufacturing errors, and the cost of work, as well as spare parts, will be covered.
3. Warranty is done based on a proof of purchase.
4. Warranty does not include how to use, tune, maintain, clean, or restoring the appearance of the product or eliminating any errors caused by non-compliance with the instructions for use.
5. The right to warranty does not apply to damage incurred in transport or during use when the goods have been transferred to the buyer.
6. Charlot OÜ shall not remove the defects found during the warranty period if they are caused by:
• errors of software that is preinstalled on the device;
• normal wear and tear;
• incorrect use or maintenance (including, if the device has been repaired or maintained by an unauthorized person);
• violation, replacement or removal of the serial number of the device and/or the control sticker or markings;
• if the customer has been informed about any pre-existing deficiencies by Charlot OÜ before the purchase of said goods.
• external factors. External factors include, but are not limited to, thunderstorms, non-compliant electric voltage and voltage fluctuations, humidity, liquids, mechanical damage, etc.
• the product does not operate due to the fault of the owner, incorrect operation, non-observance of the instructions for use, or if the defects occurred during storage, maintenance or overloading the product.
7 Charlot OÜ relies on expert assessment (diagnostics) by the manufacturer's authorized representative to determine liability. If, as a result of an expert assessment, the defects are found to be caused by the factors listed above, but the repair of the equipment is possible, then the consumer has the opportunity to order a paid repair. The device with fluid/moisture damage and/or mechanical damage will continue to be subject to repairs for remuneration only.
8. The assessment (diagnostics) of the device is free of charge if the product is found to have a manufacturing defect. If the expert assessment (diagnostics) does not find a defect caused by manufacturing error and conforms to the manufacturer’s technical specifications, then the buyer must pay a fee for the assessment done.
9. A private person does not have to pay the assessment fee in the first six months of the purchase date.
10. If the consumer does not agree with Charlot OÜ's position, the consumer must prove that:
• there is a defect (expert assessment);
• the defect or reason thereto existed at the time of delivery;
• Charlot OÜ is liable for the defect.