I. Terms and Conditions
§ 1 Basic provisions
(1) This website www.autopartner24.eu is made available by MOCOM OÜ, (registry code 14378920, VAT no: EE102048407), address Kopli 6-1, Tallinn, Estonia 10412, postal address: Koplipere tee 29, Rae küla, Rae vald, Harju maakond 75310 Estonian Republic, E-mail email@example.com, telephone +372 5887 2424.
(2) The following terms and conditions are applicable to all the contracts, which you conclude with us as a supplier (MOCOM OÜ) via the www.autopartner24.ee website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(3) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
(4) By using this website, the user confirms that it has read the terms and conditions of this website, accept them in full and undertake to adhere to them.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page for the purpose of identifying and correcting any errors. The prices are in Euro and the payment can be carried out using following possibilities:
- payment immediately in an internet bank;
- payment immediately by credit card;
- payment on the basis of an invoice by bank transfer.
Before the payment and purchase agreement takes place you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
If you want to pay immediately via bank link, you can choose between Swedbank, SEB, Nordea Estonia, Danske Bank and LHV the preferred one.
If you select ‘invoice’ as the payment method, we will send it to you by e-mail. The payment must be made by the date indicated on the invoice (usually one or two days after the issue date). The purchase agreement will be cancelled if the payment is not received in our account by the due date.
If you select payment by credit card, you will be automatically directed to the payment page of Make Commerce payment gateway (Maksekeskus AS) interface, where you will need to insert the card data. All major credit cards are accepted for payments in Euro. After entering the card number, security code and expiry date, the payment will be authorised by your bank. When the system requests the card data, the SSL, MasterCard SecureCode, Verified by Visa will be used, ensuring that the exchanged information cannot be copied or altered by unauthorised persons.
After selecting the payment method, check the products in the shopping cart and read Terms and Conditions https://www.autopartner24.eu/terms-of-services/.
If everything is fine and you have read the terms and conditions, confirm your order and click on “Ordering with cost liability”. By clicking “Ordering with cost liability” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place. You will receive confirmation of your order by e-mail.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
(6) Delivery - Whilst we despatch 95% of orders within 5 working days, please allow up to 14 days for delivery from receipt of order. If your order has more than one item they may be despatched or arrive separately. On very rare occasions, orders may take longer than the stated time to be despatched and we advice that customers contact us if they have not received orders after 14 days. For delivery we use DPD Courier service, the service is provided by: DPD Eesti AS, Taevavärava tee 1, 75306, Lehmja küla, Rae vald, Eesti, E-kiri: firstname.lastname@example.org. VAT no: EE100202850, registration no: 10092256.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The reduction in time-limit does not apply:
to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) Estonian law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a juridical person, legal entity, organisation, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Estonia or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
(4) MOCOM OÜ has the right to amend the Terms and Conditions unilaterally and without notice. Any amendments to the Terms and Conditions enter force on the day they are published on the website, unless otherwise prescribed in the amendments.
II. Customer information
1. Identity of the seller
Legal address: Kopli 6-1 Tallinn 10412 Estonia
Postal address: Koplipere tee 29, Rae küla, Rae vald, Harju maakond 75310 Estonian Republic
Telephone: +372 5887 2424.
Alternative dispute resolutions:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
Any disputes will be resolved by way of negotiations. Failing agreement, disputes related to consumers will be resolved by the Consumer Complaints Committee at the address Pronksi 12, 10117 Tallinn Estonia. Additional information about solving consumer disputes is available at http://www.tarbijakaitseamet.ee/en/consumer-disputes-committee.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Trusted Shops GmbH code of ethics, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).