OÜ Technocircle c-shop ordering terms

E-shop terms and conditions are effective from April 28, 2024

Definitions

1. 1 E-shop – an internet-based trading venue managed by OÜ Technocircle (registration code: 16845774; address: Tartu County, City of Tartu, Raatuse street 23-23, 50603), found at the website www.technocircle.ee, where the Seller offers Products for sale to Buyers.

1.2 Personal data – any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, personal identification code, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;

1.3 Comission – the consumer disputes commission, which is an independent and impartial entity competent to resolve consumer-initiated disputes arising from a contract between a consumer and a trader, in which all consumers with a complaint against a company registered in Estonia can participate.

1.4 Contract – a sales contract concluded between the Buyer and the Seller.

1.5 Seller – OÜ Technocircle.

1.6 Buyer – a person who purchases a Product from the Online store and who is 1) a fully capable natural person, i.e., a person who is of age and whose capacity is not restricted; 2) a minor between the ages of 15 and 18, with the prior consent of their legal guardian; 3) a legal entity.

1.7 Parties – the Buyer and the Seller together.

1.8 Privacy policy – a document confirmed by the Seller that contains rules for the collection, storage, handling, alteration, transmission, etc., of Personal Data when using the Online store.

1.9 The consumer – a natural person Buyer, whose use of the Online store and purchasing of Products from the Online store does not relate to the carrying out of independent economic or professional activities.

1.10 Terms – the sales terms of the e-shop.

1.11 Product – the products that the Seller offers for sale to Buyers in the Online store.

1.12 VÕS – Law of Obligations Act.

2. General terms

2.1 The Terms apply to the sale and purchase of Products between the Buyer and the Seller in the Online store.

2.2 In addition to the Terms, legal relations arising from purchasing Products from the Online store are governed by the legal acts effective in the Republic of Estonia, including the Law of Obligations Act and the Consumer Protection Act.

2.3 In matters not regulated by the Terms, the Buyer and the Seller shall adhere to the legal acts effective in the Republic of Estonia.

2.4 If it becomes apparent that a provision of the Terms is contrary to law or becomes partially or fully invalid for any reason, this does not render the remaining provisions of the Terms invalid.

2.5 The Seller reserves the right to unilaterally change the Terms and the prices of Products presented in the Online store. Such changes will be reflected on the website www.technocircle.ee. Changes in pricing take effect from the moment the information is presented on the website www.technocircle.ee.

2.6 The Buyer is obligated to familiarize themselves with the Privacy Policy published in the Online store. The Buyer's Personal Data is also transmitted to the logistics partner, and such Personal Data is processed according to the procedures set out in the Privacy Policy and the obligations taken under the contract concluded between the Online store and the logistics partner regarding the security of personal data.

2.7 Buyers who do not meet the characteristics mentioned in point 1.6 of the Terms and/or who do not confirm their acquaintance with the Privacy Policy as required by point 2.6 of the Terms are not permitted to purchase Products from the Online store.

2.8 The Buyer may not use the Online store in a manner that could endanger the proper functioning of the services offered by the Seller, the security of the website server, data, or limit the website's ability to properly provide services to other individuals. The use of malicious software or other undesirable content is prohibited.

3. Price info

3.1 The prices of the products include a value-added tax of 22% and are presented in euros (EUR).

3.2 The price of the products does not include the cost of delivery. The Seller bears the transportation cost related to the delivery of the product.

3.3 If an order is placed before the modification of the Terms, the legal relations between the Buyer and the Seller arising from the order are governed by the Online store terms that were effective at the time of placing the order.

3.4 The price of a product presented in the Online store may occasionally differ from the actual price, for example, due to a failure in the information system, incorrect pricing from the importer, or other objective reasons beyond the Seller’s control. In such cases, the Seller will notify the Buyer, who has the right to withdraw from the transaction according to points 11 or 12 of the Terms.

4. Placing an order

4.1 To place an order, the Buyer must add the desired Product(s) to the shopping cart and complete the order by clicking on the “Place Order” link.

4.2 To finalize the order in the shopping cart, the Buyer must fill out the order form, which consists of three parts: "Order" (Part I), "Transport" (Part II), and "Payment" (Part III).

4.3 In Part I, the Buyer can review the order details, i.e., the Product(s) and their prices, and press the “Continue” button. In Part II, the Buyer can provide the necessary details for the delivery of the Product(s). In Part III, the Buyer can choose the preferred payment method for paying for the Product(s).

4.4 The Buyer must fill out the order form carefully and provide accurate information to the Seller, as the accuracy and correctness of the information provided at the time of placing the order depend on the quick and smooth delivery of the Product(s) to the Buyer and the subsequent resolution of disputes and claims. The Buyer is responsible for any consequences arising from errors or inaccuracies in the data provided on the Online store’s order form.

4.5 Orders placed in the Online store are processed on business days (i.e., Mon-Fri from 10:00 AM to 5:00 PM). If an order is placed after 3 PM on a Friday, it will be processed the following Monday.

5. Conclusion and Effectiveness of the Contract

5.1 An order placed by the Buyer in accordance with point 4 of the Terms is considered an offer in the sense of the Law of Obligations Act. The Seller does not need to notify the Buyer separately of its acceptance of the order.

5.2 By the Contract, the Seller undertakes to transfer to the Buyer an existing, being manufactured, or a product to be acquired by the online store in the future, and to enable the transfer of ownership to the Buyer, whereas the Buyer undertakes to pay the Seller the purchase price in money and accept the Product.

5.4 The contract is considered concluded and it comes into effect from the moment the sum payable according to the order confirmation is received in the Seller’s account and the Seller commences the fulfillment of the order.

5.5 The Seller shall provide the Consumer with a confirmation of the contract conclusion on a durable medium within a reasonable time after the conclusion of the contract, but no later than upon delivery of the Product to the Consumer.

6. Delivery and Delivery Time

6.1 The Seller sends the Buyer a confirmation of the order after the payment for the selected Product through a bank link.

6.2 After the Contract becomes effective as per point 5.4 of the Terms, the online store forwards the order to the logistics partner. The logistics partner sends additional information regarding the delivery of the Product and associated deadlines to the Buyer’s email address.

6.2 The Product is delivered to the Buyer according to the chosen method of delivery within 3 business days.

6.3 The delivery deadlines stated in the online store apply from the receipt of the payment for the Product into the Seller’s account.

6.4 The Seller is not responsible for any delay in the delivery of the Product if the Product has been timely handed over to the logistics partners, but the delay is due to circumstances beyond the Seller’s control.

7. Product Features

7.1 The Seller specifies the features of the Product in the description next to each Product in the online store.

7.2 In the online store, Products are divided into four classes based on the description of the Product's condition: "class A+ – working condition"; "class A – satisfactory condition"; "class B – clearly visible signs of use"; "class C+ – evident wear."

7.3 The Buyer can choose the Product according to their preference from the appropriate class. The Buyer is aware that they are purchasing a previously used Product which may have certain defects due to prior use. The Buyer has the right to approach the Seller, including the right to make claims under point 14 of the Terms only for defects they were not aware of at the time of purchase, i.e., the Buyer cannot rely on defects that were obvious, including those resulting from the Product's classification into a certain class.

7.4 The Product complies with the terms of the Contract if:

7.4.1 The Product matches the description provided by the Seller and has the characteristics of the Product for which the Seller has provided a sample or model in the advertising of the goods in the online store;

7.4.2 The Product can be used for the purpose for which such type of products is generally used;

7.4.3 The Product meets the quality indicators that are typically characteristic of products with the same features and which the Seller can reasonably expect based on the nature of the goods and the statements made by the manufacturer, its representative, or the seller.

7.5 The Seller is not responsible if the Products presented in the online store do not match the actual size, shape, color, or other parameters of the Product due to the features of the Buyer’s monitor or other technical reasons beyond the Seller's control. Product photos are illustrative and presented as examples only. The actual colors, inscriptions, parameters, dimensions, sizes, functions, and/or other features of the original products may differ from their appearance in the images.

8. Liability

8.1 If the Buyer has purchased a Product of non-conforming quality, as noted in the document of handover or if the non-conformance is due to a manufacturing defect present at the time of purchase, or non-compliance with the specifications stated by the manufacturer, then the Buyer may return the goods and demand at their option:

8.1.1 that the Seller removes the defects of the Product free of charge within a reasonable time if the defects are removable and doing so does not cause disproportionate costs to the Seller compared to using another remedy;

8.1.2 that the Seller replaces the Product with another one of corresponding quality unless the defects are minor or caused by the Buyer;

8.1.3 a refund of the paid price if the sale of a non-conforming quality Product constitutes a significant breach of the contract.

8.2 The Seller is liable for non-compliance of the Product with the Contract terms if the non-compliance exists at the time the risk of accidental destruction and damage passes to the Buyer, even if the non-compliance becomes apparent later. If the Buyer is a Consumer, the Seller is liable for any non-compliance of the Product with the Contract terms existing at the time of the handover to the Buyer, even if the passing of the risk of accidental destruction and damage was agreed to occur earlier.

8.3 The Seller is also liable for non-compliance of the Product with the Contract terms that occurs after the passing of the risk of accidental destruction and damage to the Buyer, if the non-compliance of the Product with the Contract terms arose due to a breach of obligations by the Seller, except if the Buyer of the Product and the Contract party is a Consumer.

8.4 If the Buyer is a Consumer, the Seller is liable for non-compliance of the Product with the Contract terms for two years from the handover of the Product to the Buyer. In the case of a Contract concluded with a Consumer, it is presumed that any non-compliance that becomes apparent within one year from the handover was present at the time of handover unless such a presumption is inconsistent with the nature of the Product or the defect.

8.5 The Seller is not liable for defects on the Product caused by the Buyer due to improper storage or use not intended for the Product.

8.6 The Seller’s liability is limited to direct material damage caused to the Buyer. Loss of profit and non-material damage are not compensable.

10.7 Limitations on liability do not apply to the extent that it is not possible to limit the Seller’s liability under the legal acts in force in the Republic of Estonia, including in cases of intentional or gross negligence by the Seller and if the Seller knew or should have known of the non-compliance of the Product or related circumstances and did not disclose them to the Buyer.

10.8 The Seller is released from any liability in cases where the Buyer has suffered damage because the Buyer, disregarding the Seller’s recommendations and their obligations, did not familiarize themselves with the Terms.

9. Force Majeure

9.1 The online store is not liable for damages caused to the Buyer or delays in the delivery of Products if the damage or delay is due to force majeure.

9.2 Force majeure is considered to be an event beyond the control of the Seller and which the Seller could not reasonably be expected to consider or avoid or overcome the hindrance or the consequences thereof at the time of the conclusion of the contract, including cases where neither party nor their conduct is considered a breach of the Terms due to a delay or non-provision of any obligation if the reason for the delay or non-provision was not controllable by that party.

9.3 In the event of force majeure, the Seller will do everything possible to resolve the situation as quickly as possible.

10. Use of Remedies

10.1 The Buyer must notify the Seller of the non-compliance of the Product with the Contract terms within two months after they became aware or should have become aware of the non-compliance, by sending a claim to the Seller at info@technocircle.ee, specifying the name of the order placer, contact phone number, order number, and the exact description of the non-compliance or defect of the Product.

10.2 If the Buyer is a Consumer, they must notify the Seller of the non-compliance of the Product with the Contract terms within two months after becoming aware of the non-compliance, by submitting to the Seller the invoice under which the Product was paid for, at info@technocircle.ee. Upon the emergence of a defect or non-compliance of the Product with the Contract terms, the Consumer must cease using the Product.

10.3 A Buyer who has concluded a sales contract in the course of their economic or professional activities must describe the non-compliance with the Contract sufficiently accurately to the Seller.

10.4 If the Buyer does not notify the Seller of the non-compliance with the Contract terms in a timely manner or does not describe the non-compliance of the Product sufficiently accurately in the sense of point 10.3 of the Terms, the Buyer may not rely on the non-compliance of the Product with the Contract terms. If the failure to notify is reasonably excusable, the Buyer may still rely on the non-compliance with the Contract terms to reduce the purchase price or demand compensation for the damage caused, except for loss of profit.

10.5 If the Seller breaches its obligations, the Buyer has the right to use the remedies specified in § 101 of the Law of Obligations Act, i.e., demand performance of the obligation, refuse to perform their due obligation, demand compensation for damages, withdraw from the Contract, reduce the price, or, in case of delay in the fulfillment of the Seller’s monetary obligation, demand interest. The use of remedies is subject to the provisions set out in point 10.6 of the Terms.

10.6 The Buyer may choose only one of the remedies specified in point 10.5 of the Terms. This does not limit a Consumer Buyer from using multiple remedies simultaneously to the extent that their simultaneous application is possible. The Buyer must notify the Seller of the choice of remedy by returning the goods to the Seller. If the Buyer has chosen a remedy specified in point 10.5 of the Terms and the Seller is unable to perform it, then the Seller will offer another remedy provided for in point 10.5 of the Terms. The Buyer does not have the right to change the chosen remedy.

10.7 If the Product does not comply with the Contract terms in the sense of point 7.2 of the Terms, the Buyer may demand that the Seller repair or replace the item, if the use of the chosen remedy is possible and does not cause disproportionate costs to the Seller compared to using another remedy, taking into account all circumstances, including the value that the Product would have had if the non-compliance did not exist, the significance of the non-compliance, and the Buyer's ability to use another remedy without significant inconvenience.

10.8 The Seller may refuse to bring the Product into compliance with the Contract terms if the Product cannot be repaired or replaced or if doing so would cause unreasonably high costs for the Seller, taking into account all circumstances, including the value that the Product would have had if the non-compliance did not exist, and the significance of the non-compliance.

11. Buyer's Right to Withdraw and Return and Replace the Product

11.1 The Buyer may withdraw from the Contract if the non-compliance with the Contract terms is significant. If the Buyer is a Consumer, it is presumed that the non-compliance with the Contract terms is significant.

11.2 In case of withdrawal from the Contract, the presumptions arising from §§ 118; 188; 223 of the Law of Obligations Act apply.

11.3 Upon withdrawal from the Contract, the Buyer alternatively has the right to exchange the purchased Product for another one of different dimensions, shape, color, model, or completeness if the Seller is able to offer an analogous product to the Buyer. If there is a price difference in exchanging the Product, the Buyer is obligated to settle with the Seller according to recalculated prices. The Buyer must immediately notify the Seller that they wish to exercise the right to exchange the purchased Product, by submitting a statement similar to the statement for withdrawal from the Contract.

11.4 If the Buyer wishes to exercise the right to replace the Product mentioned in point 11.3 of the Terms, then the Seller, upon receiving the Product, is obligated to exchange it for another Product of the shape, size, color, model, etc., specified by the Buyer. If the Seller is unable to provide a suitable Product for exchange to the Buyer, then the Seller will return the money paid for the Product according to point 11.7 of the Terms.

11.5 When returning the Product, the Buyer must indicate the sender's address and pack the Product properly to prevent it from being damaged during shipping. The Seller is not responsible for shipments that the Buyer has improperly packed, incorrectly addressed, or if shipments are lost or damaged during the return to the Seller.

11.6 The Buyer bears the direct costs associated with the return of the Product unless the Seller and the Buyer have agreed otherwise.

11.7 In case of withdrawal from the Contract, the Parties may demand the return of what has been transferred under the Contract and the release of the fruits and other benefits within 14 days if they return all that has been transferred under the Contract. The obligations arising from the withdrawal must be fulfilled by the Parties simultaneously. Special requirements apply to the Consumer Buyer regarding withdrawal from the Contract, which are presented in point 12 of the Terms.

11.8 The Product to be returned to the Seller must be complete (including the product packaging and all items contained in the product packaging, such as packaging films, fasteners, cables, etc.). If software was installed on the Product by the manufacturer, then upon return, this software must be installed in the same way as when the Product was received. If the returned Product is not complete or if the Seller needs to reinstall the software, the Seller has the right to reduce the refundable fee.

11.9 If the Buyer has purchased a Product that includes multiple parts and the Products included in the set inherently belong together, the Buyer must return the entire Product set to the Seller, i.e., the right of return applies to the Buyer only if they have returned all the products included in the Product set to the Seller. If at least one of the parts included in the Product set does not meet the requirements for return, the Seller has the right to refuse to accept the entire returned Product set.

11.10 The Seller does not refund the money for a Product upon its return if the Product has been intentionally or negligently damaged (damaged with chemicals, water, open flame, high temperatures, sharp objects, etc.) or if the rules for using or storing the Product have been violated or if the Buyer has used the Product incorrectly or not for its intended purpose.

11.11 Instead of returning the Product, the Buyer must compensate the Seller for the value of the transferred item if:

11.11.1 Returning the Product is excluded by the nature of the transferred item, including if the transfer consists of using the Product;

11.11.2 The Buyer has consumed, alienated, encumbered with a third party's right, or reprocessed the transferred item;

11.11.3 The transferred item has been destroyed.

11.12 If the price of the transferred item is specified in the Contract, it is considered the value of the transferred item in the sense of point 11.11 of the Terms.

11.13 The Buyer must compensate for the decrease in the value of the Product if the Product to be returned has deteriorated and the deterioration has not occurred as a result of regular use of the item. The Seller has the right to offset the sum corresponding to the costs of repairing, replacing, or restoring the Product to new condition or the objectively justified damage against the Buyer's claim.

12. Special Provisions on the Right of Return for Consumers

12.1 The Consumer may withdraw from the Contract concluded with the Seller without stating a reason within 14 days. If the Buyer is a Consumer, the provisions of § 118 paragraph 1 of the Law of Obligations Act do not apply in case of withdrawal from the Contract.

12.2 The withdrawal period mentioned in point 12.1 of the Terms begins from the day when the Consumer or a third party named by the Consumer, who is not the carrier, has physically received the item, or:

12.2.1 If the contract requires that several items be delivered separately, from the day when the Consumer or a third party named by the Consumer, who is not the carrier, has physically received the last item;

12.2.2 If the contract requires that the item be delivered in several parts, from the day when the Consumer or a third party named by the Consumer, who is not the carrier, has physically received the last part.

12.3 The Consumer may withdraw from the Contract using the following methods:

12.3.1 Submitting a withdrawal statement to the Seller using the standard form available here, or

12.3.2 Submitting another unambiguous withdrawal statement to the Seller at the email address info@technocircle.ee.

12.4 The Seller sends an immediate confirmation on a durable medium of the receipt of the withdrawal statement submitted according to point 12.3 of the Terms to the Consumer.

12.5 The Consumer must return the Product within 14 days following the submission of the withdrawal statement to the Seller's address at Raatuse street 23-23, 50603 Tartu City, Tartu County, or provide proof that they have handed over the Product to a logistics company within the aforementioned period.

12.6 The Consumer bears the direct costs associated with the return of the Product unless the Seller and the Buyer have agreed otherwise.

12.7 The Consumer is responsible for the decrease in value of the returned item due to its use only if they have used the item in a way other than necessary to ascertain the nature, characteristics, and functioning of the item. To ascertain the nature, characteristics, and functioning of the item, the Consumer should handle and use the item only as they would normally be allowed to do in a store.

12.8 The Seller immediately refunds all the fees received from the Consumer under the Contract upon receiving the withdrawal statement, but no later than 14 days after that.

12.9 In refunding the fees mentioned in point 12.8 of the Terms, the Seller uses the same payment method that was used by the Consumer for the payments, unless the Consumer has explicitly agreed to a different payment method, and provided that such refund does not cause the Consumer to incur a service fee or other cost.

13. Processing of Personal Data

13.1 The Consumer grants the Seller the right to collect and process Personal Data (including name, contact phone, package delivery and/or home address, email address) and transmit Personal Data to the logistics partner for the delivery of the order by entering data in the online store and confirming accordingly.

13.2 The Seller aims to ensure the transparency and fairness of the processing of Personal Data, which is why it is very important that the Consumer carefully read the Terms and Privacy Policy and be convinced that all provisions of the Terms and Privacy Policies are understandable and acceptable to them.

13.3 The online store sends newsletters and offers to the Buyer's email address only if the Buyer has expressed a desire for this by submitting their email address to the online store and indicating their desire to receive direct mail notifications from the online store. The Buyer can opt out of receiving offers and newsletters to their email at any time by notifying the online store via email or by following the instructions in the offer-containing email that allow the Buyer to opt out of direct mail notifications at any time.

13.4 If the legal basis for the processing of Personal Data is the Consumer's consent, they have the right to withdraw their consent at any time. The withdrawal of consent does not affect the legality of the processing based on consent before its withdrawal.

13.5 Täpsem teave, kuidas E-pood Isikuandmeid kogub, kasutab, säilitab ning töötleb, on esitatud Privaatsuspoliitikas, mis on leitav siit.

14. Pretensioonide esitamine ja vaidluste lahendamine

14.1 Kui Ostjal on Toote ja / või E-poe osas pretensioone, saab ta need saata e-mailile info@technocircle.ee.

13.5 More information on how the online store collects, uses, stores, and processes Personal Data is provided in the Privacy Policy, which can be found here.

14. Making Claims and Resolving Disputes

14.1 If the Buyer has complaints about the Product and/or the online store, they can send them to the email info@technocircle.ee.

14.2 If the Buyer is a Consumer, they may submit a claim to the Seller regarding the non-compliance of the Product with the Contract terms within two years from the handover of the Product to the Buyer, as per point 8.4 of the Terms. The claim does not include teaching the use of the product, adjustments, maintenance, cleaning, restoring commercial appearance, or remedying defects caused by non-compliance with the use instructions of the Product.

14.3 The Seller is obligated to respond in writing or in a form that allows written reproduction to the Consumer's claim submitted in writing or in a form that allows written reproduction, and to inform the Consumer of the satisfaction of the claim or the possible solution to the submitted claim within 15 days from the receipt of the claim, unless a different deadline is set by law or European Union regulation. The Seller sends the response to the Consumer's specified email address unless otherwise agreed with the Consumer.

14.4 If the Seller is unable to resolve the claim within the deadline specified in point 15.3 of the Terms, the Seller justifies the delay to the Consumer, providing the Consumer with a written notification or a notification in a form that allows written reproduction, and setting a new reasonable deadline for resolving the claim.

14.5 If the Seller does not consider the Consumer's claim justified and refuses to satisfy the claim or agrees only to partially satisfy the claim, the Seller is obligated to justify the full or partial non-satisfaction of the claim in writing or in a form that allows written reproduction, providing the Consumer with a notification.

14.6 If the Seller has not resolved the Consumer's claim submitted within the deadlines specified in points 15.3 and 15.4 of the Terms, it is considered that the Seller has refused to satisfy the Consumer's claim.

14.7 Disagreements and disputes arising from the fulfillment of the Terms are primarily resolved by the Parties through negotiations.

14.8 If the Consumer and the Seller cannot resolve the dispute through negotiations, if the Seller has refused to satisfy the Consumer's claim or the Consumer is not satisfied with the solution proposed by the Seller, the Consumer may submit an application for resolving the dispute to the Commission, where dispute resolution is free of charge for the parties, or to the district court. If the Buyer who is a legal entity and the Seller cannot resolve the dispute through negotiations, the Buyer may turn to the courts of the Republic of Estonia.

14.9 The Consumer can submit an application to the Commission in writing on paper or another durable medium. The contact details of the Commission are as follows: address: Endla 10A, 10122 Tallinn, phone: +372 620 1707 (consumer advising), +372 667 2000 (general information), email: info@ttja.ee. The conditions for the Commission's procedure can be reviewed, and an application can be submitted to the Commission here. Additionally, the Consumer may turn to the European Union platform for resolving consumer disputes by filling out the application form on the ODR platform https://ec.europa.eu/odr.

15. Communication

15.1 All communication related to the acquisition of Products through the online store occurs using the contact details of the Seller mentioned in the online store. If communication between the Parties related to the Products occurs through other channels, the Seller does not take responsibility and risk that may arise due to such communication.

15.2 If the Seller has the right or obligation to transmit information or documents to the Buyer via email, the Buyer is solely responsible for providing a functioning email address that belongs to the Buyer to the Seller.

16. Final Provisions

16.1 The Terms and the Contract concluded between the Parties are subject to the law of the Republic of Estonia.

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