1 Definitions, scope and validity of terms and conditions
1.1 Definitions:
1.1.1 E-store – Seller’s online environment at https://oolter.com and its subpages;
1.1.2 Payment on installments – payment for the goods through Consumer Credit, based on a Consumer Credit Agreement whereby a creditor (other than the Seller) acting in his or her business or profession provides or undertakes to provide the Buyer with a credit or loan for the purchase of the goods;
1.1.3 Goods – goods or services sold by the Seller through the e-store;
1.1.4 Sales Contract – a contract between the Buyer and the Seller for the purchase and sale of the goods through the e-store;
1.1.5 Seller – E-store owner Fortunati Group EU, reg. code 14030186, Address Purje 8, Tallinn, Estonia. Email: ride [at] oolter.com. Phone +37256808138
1.1.6 Buyer – a private user of the E-store who wishes to purchase the goods or has purchased the goods;
1.1.7 General Terms and Conditions – these E-store Terms and Conditions, which apply to the legal relations that arise between Buyer and Seller. The Buyer must read and accept the Terms and Conditions to make the purchase;
2.1 These E-store Terms apply to the legal relationships that arise between Buyers using the E-store ordering goods from the e-store, including by entering into a Sales Contract to purchase the goods in the e-store, and the Seller.
By accepting the Terms and Conditions, the Buyer confirms that he/she has read these Terms and Conditions and accepts and complies with them fully and without reservation.
1.2 The Seller shall have the right to unilaterally amend and supplement the Terms and Conditions at any time and regardless of the reason, to declare the Terms and Conditions invalid in whole or in part or to cancel them. The Sales Contract shall be governed by the Terms and Conditions that were in force at the time of entering into the Sales Contract.
1.3 The Seller shall not be liable in any way for any damages resulting from the Buyer’s failure to read these Terms and Conditions.
1.4 The words and terms in the singular in the Terms and Conditions may include the plural and vice versa.
2 Customer Data and Data Protection
2.1 The personal data provided by the Buyer to the Seller shall be handled in accordance with the Data Protection Act only to the extent necessary for the conclusion and performance of the Sales Contract and the rights and obligations related to the use of the E-store. The data will not be transferred to third parties without the Buyer’s prior consent, unless required to protect Seller’s rights or as required by law.
2.2 The Seller processes the following Buyer’s personal information: first name and surname, telephone number (including cell phone number), date of birth, personal identification number, address (street/farm, house number, apartment number, city or town, county, zip code), email address, the payment method used to pay for the Goods.
2.3 Subject to applicable law and to the terms of the Privacy Policy, the Seller has the right, without the Buyer’s consent, to process data (including personal data) to the extent necessary to use in the E-store, fulfill the Sales Contract or ensure fulfillment of the Sales Contract. Due to the above, the Seller has the right, without separate consent to: send notices to the Buyer regarding the use of the services of the e-store, incl. messages sent in the interest of the safety of the users of the e-store; to maintain records of the orders of the Buyer who has logged in to the E-store to better serve Buyers and to verify transactions, including, within a reasonable time, orders that were not completed by the Buyer during the session.
2.4 If the Buyer has consented to the use of the data for marketing purposes, by entering into a Customer Agreement, or by otherwise expressing the Buyer’s will for granting such consent (e.g.,, self-service), the Seller shall use such data under the terms and conditions and for the purposes set out in this Privacy Policy, including for the purpose of transmitting personalized direct marketing, campaign and promotional offers of Services and goods to Buyer by electronic means (e.g., via email or SMS).
2.5 The Buyer shall have the right at any time to withdraw the consent to use the Data for marketing purposes by sending the Seller an email or refusing to receive further direct sales offers by following the instructions in the direct sales offer sent to their email address.
2.6 In addition to the above, in the case of a Buyer who is registered as a Loyal Customer, the Seller processes the Seller’s current Sales Contracts and E-store usage history, including correspondence, comments, sent pictures and videos, and other communications with the e-store.
2.7 If the Buyer applies for Payment in Installments, the Seller shall process, in addition to the personal data listed in the section of Terms and Conditions, the following personal data of the Buyer to the extent necessary for forwarding to the Creditor the application for Payment in Installments submitted by the Buyer through the e-store, entering into the Agreement of Payment in Installments, and to secure the rights and obligations related to the Agreement of Payment in Installments: document number, number of dependents, marital status, educational level, employer, title, time of employment, amount of income, source of income, details of loan and leasing obligations (including name of the lender or lessor, the balance of the liability, monthly payment), type of housing, information on the performance of important public authority tasks by the applicant of Payment in Installments, his/her family member or close associate.
A list of providers of the service of payment in installments, including contact information, is available at: https://oolter.com
2.8 Payment for the goods shall be made using secure SSL data communication, and payment by credit card shall also be made using the international security system for online purchases “Verified by VISA” and “MasterCard SecureCode”, provided that the credit card used by the Buyer to pay for the goods is associated with a secure online shopping program. The Seller will not see the bank details or credit card details entered by the Buyer. Open payment by credit card, the payment service is provided by EveryPay AS: for making the payment, the credit card holder is directed to EveryPay AS secure environment and at the time of payment the credit card holder’s card data is entered into the database by the credit card holder on the server of EveryPay AS and the data is also stored on said server. When making a payment through a bank link, the Buyer will automatically be redirected from the E-store to the online bank of the bank of his/her choice.
2.9 If the Buyer chooses a parcel terminal or a courier for the delivery of the goods, the Seller shall be entitled to forward the Buyer’s personal data to the parcel terminal and courier service providers to the extent necessary to deliver the goods to the Buyer. A list of the parcel terminal and courier service providers used by the Seller, together with contact details, is available at: https://oolter.com
2.10 If the Buyer wishes to receive Seller’s offers for goods and newsletters, the Buyer must make a note on the ordering page in the appropriate window whereby the Buyer gives the consent to the Seller for sending offers and newsletters by email to the Buyer’s email address. All offers and newsletters are delivered on behalf of the Seller. If the Buyer has requested to receive Seller’s offers and newsletters as described above, the Buyer shall always be entitled to opt-out by using the appropriate hyperlink in the offer or newsletter.
2.11 The Buyer is responsible for ensuring that his/her login information (email address and password) is not disclosed to third parties. The Seller shall not be liable in any way for any consequences resulting from the Buyer’s login data ending up to third parties through the Buyer’s fault.
2.12 The Buyer is responsible for the accuracy of the data provided. The Seller shall not be liable in any way for the consequences of inaccurate data entered by the Buyer.
2.13 If the information on the Buyer’s registration page changes, it must be updated immediately in the Seller’s e-store. The Seller shall not be liable in any way for the consequences of incorrect or expired data entered by the Buyer.
2.14 Unless otherwise provided by law, the Buyer shall have the right at any time to inspect their personal data and to have their data corrected, blocked or deleted.
2.15 In case of personal data issues, the Buyer has the right to send an e-mail to the Seller at ride [at] oolter.com
2.16 If the Buyer interferes with the work and/or security of the Seller’s E-store by his/her actions or omissions, the Seller has the right to immediately or without prior notice restrict or interrupt the Buyer’s access to the E-store and refuse to serve him/her further.
3 Buying goods and placing an order in the E-store
3.1 The Seller allows the Buyer to use the E-store to enter into a Sales Contract with the Seller.
3.2 The Seller does not guarantee that the E-store can be used with all web browsers and computer software or using mobile devices.
3.3 The Seller shall have the right to impose restrictions on the sale of certain goods (for example, to impose time, age, etc. restrictions).
3.4 The description of the goods in the E-store shall be considered as an offer for the conclusion of the Sales Contract. The description of the goods includes the name of the good, the product code number, the unit price, and the main characteristics. The Seller has the right to change the description of the goods until the conclusion of the Sales Contract, including during the purchase process, notifying the Buyer of the change through the e-store. Product images are for illustrative purposes only.
3.5 The Seller has the right to withdraw from the Sales Contract concluded through the E-store and not to deliver the ordered goods or provide the service in the following cases: The goods are out of stock; the goods are pre-ordered goods; the price or features of the goods have been displayed incorrectly due to a system error. In this case, the Seller will offer the Buyer with a replacement product, or the amount paid to the Buyer will be refunded within 14 days of withdrawal from the Sales Contract.
3.6 In the E-store it is possible to buy the goods that have the link “Add to cart”. Before adding the goods to the cart, the Buyer must specify the color of the product and, if there are more choices (e.g., size, battery capacity, etc.), and select the quantity of the goods.
3.7 From the E-store it is possible to pre-order goods that are not in the Seller’s stock at the moment, but which are coming for sale by the date indicated by the Seller. For these goods, the Buyer must click on the “Pre-order” link to add the selected goods to the Shopping Cart, similar to the “Add to Cart” option. Pre-ordered goods are not subject to the Seller’s obligation to deliver the goods within 30 days.
3.8 The quantity of the goods in the Shopping Cart may be changed, and the purchase in the E-store may be continued. Products compatible with the goods can be added to the shopping cart from the “Related Products” option under the Shopping Cart.
3.9 In order to enter into a Sales Contract, the Buyer proceeds to place an order in the Shopping Cart by clicking “Proceed to Checkout”.
3.10 In order to enter into the Sales Contract, the Buyer enters the information required by the e-store, specifies the delivery address, selects the delivery method and payment method and confirms (by a tick) the wish to purchase the goods under these Terms and Conditions, and presses the “Place Order” button. In doing so, the Buyer shall provide the Seller with all necessary information (in particular, the Buyer’s full name, address, telephone, e-mail address, preferred method of delivery and delivery address, preferred payment method, etc.). In case there is a restriction on the sale of the goods in accordance with the law of the Republic of Estonia (e.g., age limit), the Buyer shall also forward to the Seller other required information (personal identification code, date of birth, etc.).
3.11 During the conclusion of the Sales Contract, the Buyer may register as a Loyal Customer to Oolter by creating a user account or, if he/she has created one, identify himself/herself as a Loyal Customer. The Buyer may continue to complete the purchase without registering as a Loyal Customer.
3.12 The Buyer undertakes to provide the information accurately and correctly when entering into the Sales Contract. The Buyer must identify and correct the entry error before placing the Order. If the Buyer discovers an entry error after the conclusion of the Sales Contract, it may be corrected by notifying the Seller within 12 hours of entering into the Sales Contract.
3.13 Once the Buyer has clicked “Place Order” he/she will be redirected to the payment intermediary offered by the Seller according to the payment method of his/her choice. At the same time, an Order confirmation will be sent to the email address provided by the Buyer to the Seller. In the event that the Buyer has chosen to pay by prepayment invoice, the Buyer will be sent a prepayment invoice on the basis of which the Buyer can pay for the goods.
3.14 The Sales Contract shall be deemed to have been entered into and entered into force upon receipt by the Buyer of the amount payable by the Buyer for the order to the Seller’s bank account (Buyer’s consent or acceptance for the conclusion of the Sales Contract). Upon entry into force of the Sales Contract, the Seller shall be obliged to deliver the goods to the Buyer.
3.15 In addition to the provisions of clause 3.14 above, a Sales Contract can also be entered into with an agreement of payment with installments (see chapter 6). In such a case, the Sales Contract shall be deemed to have been concluded with the conclusion of the agreement of payment with installments.
3.16 If the Buyer has chosen to pay for the goods by prepayment invoice and the Buyer pays for the order after the due date (i.e., later than five days), the payment shall be considered as a new offer and the Seller either agrees to enter into the Sales Contract by sending a confirmation to the Buyer within seven days of receipt of the payment or refuses to enter into the Sales Contract.
If the Seller refuses to enter into a sales contract, he/she shall inform the Buyer thereof within seven days of receipt of payment from the Buyer. In the latter case, the Purchase Price will be refunded to the Buyer within fourteen days of receipt of the Buyer’s payment.
3.17 The official time of the conclusion of the Sales Contract shall be calculated according to the time of the Seller’s E-store server, which may not always correspond to the time of the Buyer’s web browser or computer. The Sales Contract shall remain in force until the obligations of the Parties arising from the Sales Contract have been duly performed. An order that is not paid for on time will not be fulfilled by the Seller.
3.18 Following the conclusion of the Sales Contract, the Buyer may modify the Sales Contract (e.g., by refusing to purchase some goods, changing the delivery method or payment terms) in agreement with the Seller at no additional cost prior to delivery of the goods. If the Sales Contract does not enter into force as prescribed in the Terms and Conditions, the Sales Contract shall be deemed not to have been entered into. The Buyer shall have the right to cancel his/her order after payment for the goods but before delivery of the goods at no additional cost. To cancel the Sales Contract/Order, the Buyer must send a corresponding notice along with the Sales Contract number to the customer support [at] oolter.com. Confirmation of cancellation of the Sales Contract of sale shall be sent to the Buyer.
3.19 An invoice will be sent to the e-mail address provided by the Buyer upon the entry into effect of the transaction, which will also be a confirmation of the conclusion of the Sales Contract. In addition to the goods to be purchased, the invoice shall also indicate the Order number or the prepayment invoice number as well as a link to the Terms and Conditions. Confirmation of the Sales Contract will also be displayed to the Buyer in the E-store if the goods are paid for via the bank link, and the Buyer clicks on the “Return to Merchant” button after making the payment.
3.20 The Sales Contract can be concluded by a person who has the right to purchase the goods in accordance with the law of the Republic of Estonia. If the person is not entitled to purchase the goods in accordance with the law in force in Estonia, the Sales Contract of the goods shall not be concluded with him/her. If the Buyer of the goods is subject to an age restriction, the Buyer must confirm before the conclusion of the Sales Contract that his/her age is sufficient to purchase the goods according to the statutory restrictions.
3.21 The Seller may not allow the Buyer to enter into the Sales Contract through the E-store if the Buyer violates or has violated any previously concluded Sales Contracts.
3.22 The Seller shall verify the existence of circumstances (clauses 3.20 and 3.21), which may hinder the conclusion of the Sales Contract on the basis of the information provided by the Buyer and shall refuse to sell the goods to the Buyer, if necessary. Refusal to enter into the Sales Contract shall be notified to the Buyer by means of an automatic message displayed in the E-store stating the reason for refusing to conclude the Sales Contract. In such case, the Buyer shall not be granted the possibility to pay the goods. If the Seller discovers a ground for refusal to enter into the Sales Contract after the conclusion of the Sales Contract, the Seller may withdraw from the Sales Contract without penalty.
4 Payment for and delivery of goods
4.1 The prices of the goods sold in the E-store are in euros and include all taxes but do not include delivery costs. The delivery cost is added to the price of the goods after specifying the delivery method and delivery address when placing the Order.
4.2 The delivery cost will be displayed to the Buyer prior to the conclusion of the Sales Contract and will also be indicated on the Order confirmation and the invoice.
4.3 The Seller shall have the right at any time to adjust the price of the goods and delivery options offered by it. If the Buyer has entered into the Sales Contract before the price changes are published in the e-store, the price indicated in the E-store at the moment of signing the Sales Contract shall apply to him/her.
4.4 It is possible to pay for the goods through the payment service partners provided by the Seller: by means of a bank link via the Internet bank, by credit card, by PayPal, by paying the prepayment invoice issued by the Seller, by concluding an agreement for payment in installments or by other means made available in the E-store (e.g., gift card).
4.5 Delivery of the goods to the Buyer shall take place at the delivery address indicated in the Sales Contract within the time and in the manner agreed upon after receipt of the payment for the goods from the Seller or the conclusion of the agreement of payment by installments with the creditor. The delivery time stated on the order confirmation is valid if the Buyer has paid the purchase price properly. Delivery will be delayed by the days of delay with the payment. In such case, the Seller may also withdraw from the Sales Contract.
4.6 The goods will be delivered to the delivery address indicated by the Buyer in the order. The Buyer will be informed of the delivery via the contact details indicated upon placing the order. The shipment of the ordered goods shall be carried out in accordance with the transport conditions in force at the time of placing the order. The Seller may authorize third parties to deliver the goods (including courier or parcel services).
4.7 When placing an order, the Buyer must observe the correctness of the contact information provided in order to avoid delays and misunderstandings in the delivery of the goods. The Seller and the shipping partner shall not be liable for any delay in delivery of the goods or misunderstandings if the delay or misunderstanding is due to incomplete or incorrect data submitted by the Buyer when placing the order.
4.8 The goods shall be handed over to the Buyer on the basis of the delivery note. Before accepting the goods and signing the delivery note, the Buyer is obliged to carefully examine the packaging of the goods and, if the packaging is damaged, to make a note on the delivery note. In the event of defective packaging or if the goods do not match the Sales Contract in terms of the quantity or the product, the Buyer may refuse to accept the delivery and/or immediately notify the Seller’s Customer Service at support [at] oolter.com. By signing the delivery note, the Buyer or the Buyer’s representative confirms that at the time of delivery of the goods the packaging was intact and that he/she is satisfied with the condition of the packaging, that the goods were not visibly damaged and that the ordered goods were delivered to him/her.
4.9 The obligation to deliver the goods to the Buyer shall be deemed fulfilled upon delivery of the goods to the Buyer or his/her representative. Adult persons at the place of delivery indicated by the Buyer who accept the goods shall be deemed to be representatives.
The risk of accidental loss or damage of the goods shall pass to the Buyer at the moment of delivery of the goods. If the goods cannot be delivered to the Buyer because the Buyer or his/her adult representative is not present at the place of delivery, then the Buyer shall bear all costs arising from the delay of the delivery and the Seller shall not be liable for any delay in delivery of the goods.
4.10 If the Buyer has chosen to pick up the goods by himself/herself but does not collect the goods within 14 (fourteen) days of the agreed date of receipt of the goods, the Buyer shall be deemed to have violated the Sales Contract and does not wish to receive the goods. The Seller has the right to unilaterally withdraw from the Sales Contract and demand compensation for damages (for example, storage costs of the goods) and to offset the losses incurred by the Seller with the amounts paid in advance by the Buyer.
4.11 The Seller shall inform the Buyer of any change in the delivery time or other delivery terms or of any additional delivery restrictions or objective impediments, if any. The Seller shall have the right to extend the delivery time by up to 30 days if there are objective reasons beyond the Seller’s control that cause delay in delivery of the goods, informing the Buyer thereof.
4.12 In the event that the goods can be delivered in parts (for example, some goods are in stock, but some are not), the Seller may perform the Sales Contract, and the goods may be delivered in parts.
4.13 If the Buyer loses interest in the Goods due to the delay in delivery of the goods, the Buyer has the right to submit an application to the Seller for withdrawal from the Sales Contract, and in such case the Seller is obliged to refund the purchase price paid by the Buyer to the Buyer.
5 Right of withdrawal
5.1 This withdrawal procedure does not apply to withdrawal from an agreement of payment in installments. Withdrawal from the agreement of payment in installments shall be in accordance with the procedure set out in that agreement.
5.2 The Buyer has the right to withdraw from the Sales Contract concluded in the E-store without giving any reason within 14 days.
5.3 Returned goods must be complete (including all items in the product packaging, including cables, manuals, etc.), unused, in their original condition and in their original packaging.
5.4 Notice of withdrawal must be sent to Seller in writing at Seller’s mailing address or email at ride [at] oolter.com within 14 days of receipt of goods.
5.5 The Buyer must carefully open the original packaging of the product without damaging it. If the package cannot be opened without damaging it, the Buyer shall use a method, which ensures that the packaging is damaged in the least possible way. In order to ascertain the nature, characteristics, and functioning of the goods, the Buyer shall only handle and use the item only as it would normally be permitted to do in the shop. If the Buyer uses more of the goods than necessary to ascertain the nature and functioning of the goods or fails to return the goods in their original packaging and original condition, the Buyer shall be liable for the impairment of the goods. The Seller shall have the right to submit the claims due to the decrease in the value of the goods to the Buyer not later than within one month after the return of the goods.
5.6 The Buyer shall bear the direct costs (including postage and delivery costs) of returning the goods to the Seller.
5.7 If the goods being returned have been damaged, and the situation is caused by improper use, alteration, improper assembly or disassembly by the Buyer, or due to any other action of the Buyer, the Seller shall be entitled to offset the impairment of the goods with the purchase price paid by and to be refunded to the Buyer. If the Buyer does not agree with the decrease in the value of the goods shown in the offsetting, he/she has the right to use the assistance of an independent expert to determine the value of the returned goods or to identify the culprit in the situation. Costs related to independent expertise shall be split in half between the Buyer and the Seller, unless the position of one party is manifestly unfounded. In that case, the party whose position was found to be unfounded shall pay the costs.
5.8 If the Buyer has withdrawn from the contract under clause 5.2 the Seller shall return purchase price paid by the Buyer, from which the Seller has the right to offset and deduct the decrease in value of the goods referred to in clause 5.7 and the non-recoverable costs referred to in clause 5.9 within 14 days of the receipt of application of withdrawal, provided that during the same time, the Buyer has returned the goods to the Seller or sent to the Seller a certificate of return of the goods. The return address is:
Telliskivi 57D, Tallinn, 10412, Estonia. Oolter Service
5.9 If the Buyer has opted for a delivery method other than the cheapest standard method of delivery of the goods offered by the Seller, the Seller need not reimburse the Buyer for the cost exceeding the cost of the standard method of delivery.
5.10 In the case of the right of withdrawal specified in clause 5.2, the Buyer has the right to exchange the goods for other goods sold by the Seller. In this case, the Buyer and the Seller shall set off the amount paid for the returned goods and the selling price of the new goods. The party’s claim that exceeds the scope of the set-off must be met in accordance with the Sales Contract.
5.11 If the Buyer withdraws from the Sales Contract pursuant to the procedure set out in the Terms and Conditions clause 5.2, the Buyer shall also be deemed to have withdrawn from the concluded Agreement of Payment in Installments.
5.12 There shall be no right of withdrawal where:
a. Goods that are not eligible for return for health or hygiene reasons and which are opened after the delivery to the Buyer
b. The goods consist of audio or video recordings in sealed package or computer software in a sealed package. It is also not possible to return calling cards and starter kits and time cards when the package has been opened after delivery.
c. The object of the Sales Contract is a gift card and the unique code contained therein has already been used.
5.13 Environmentally hazardous consumables such as batteries and accumulators required for use in equipment sold by the Seller are accepted free of charge by Oolter dealers. Large-scale electronic waste should be taken to a suitable waste collection point. The locations of the waste collection points can be found by the local Government.
6 Payment by installments
6.1 The Seller shall offer the Buyer the opportunity to electronically submit an application for concluding an Agreement on Payment by Installments to the creditor offering payment by installments.
6.2 The Seller shall forward the Buyer’s request for the conclusion of an Agreement on Payment by Installments submitted through the E-store to the creditor or, after entering the necessary information in the e-store, direct the Buyer to the online environment of the creditor offering an Agreement on Payment by Installments where the Buyer can complete the application for an Agreement on Payment by Installments. The Buyer’s application for conclusion of an Agreement on Payment by Installments is treated as an offer to the creditor offering payment by installments to make an offer for the conclusion of an Agreement on Payment by Installments. The Seller shall not enter into an Agreement on Payment by Installments with the Buyer and shall not assume any obligation or liability to the Buyer.
6.3 The information about the terms and conditions of payment in installments (including possible monthly payment) published in the E-store is informative, and the creditor is not bound to such information when making the offer.
6.4 In the event of a positive response to the Buyer’s request by the creditor offering payment in installments (i.e., making an offer for an Agreement on Payment by Installments), the creditor shall enter into an Agreement on Payment by Installments with the Buyer through the respective creditor’s online environment. The Agreement on Payment by Installments shall be concluded between the creditor and the Buyer.
6.5 The Agreement on Payment by Installments concluded by the Buyer is not subject to a 14-day right of withdrawal from the distance contract, but the Buyer may exercise the right of withdrawal from the credit agreement within 14 days of the conclusion of the Agreement on Payment by Installments (§ 409 of the Law of Obligations Act). If the Buyer withdraws from the Agreement on Payment by Installments within the said 14-day period, he/she may also withdraw from the Sales Contract within the same term by submitting to the Seller an application of withdrawal from the Sales Contract in the manner and in the form set forth in the in clause 5.2 of the Terms and Conditions.
6.6 If the credit amount has already been paid to the Seller at the time of the withdrawal from the Sales Contract, the Seller’s financial rights and obligations towards the Buyer shall be transferred to the creditor the event of withdrawal from the Agreement on Payment by Installments.
7 Manufacturer’s warranty and submission of claims
7.1 The goods are covered by the manufacturer’s warranty. Oolter End-User Warranty terms (Warranty Terms) are published in https://oolter.com. All EU citizens have the right for submitting the claim related to defective goods within the period of 2 years from the moment of purchase.
7.2 In order to submit a warranty claim or claim, the Buyer must follow the guidelines according to the Warranty Terms.
7.3 The warranty period shall commence upon the conclusion of the Sales Contract and shall be valid for the period specified in the Warranty Terms
7.4 In addition to the warranty rights, the Buyer also has other statutory rights. In the event of non-compliance with the object of the contract with the terms of the contract, the Buyer may rely on the legal remedies provided by law.
7.5 Irrespective of the existence of the manufacturer’s warranty, the Buyer shall have the right to submit claims resulting from the non-conformity of the goods (in particular manufacturing and material defects) within two years of receipt of the goods. In the event of a defect in the goods becoming evident during the first six months, it shall be presumed to have existed at the time of the conclusion of the Sales Contract, and the Seller shall determine the cause of the defect.
7.6 In the event of a defect in the goods, the Buyer shall immediately notify the Seller of the problem by e-mail to ride [at] oolter.com and provide the following information:
7.6.1 name and contact details;
7.6.2 date of submission of claim;
7.6.3 description and probable cause of the defect;
7.6.4 claim to the Seller;
7.6.5 sales contract number or other proof of warranty.
7.7 The notice shall be sent immediately, but not later than two weeks after the discovery of the non-conformity of the goods with the contract. Failure to comply with this time limit shall result in the Buyer losing the right to require the Seller to repair or replace the goods.
7.8 In case of replacement of defective goods, the Seller has the right to demand the Buyer to return the defective goods.
7.9 Costs related to the replacement of defective goods (including delivery costs) shall be borne by the Seller.
7.10 The Seller is not responsible for:
7.10.1 damage to the goods caused by the Buyer;
7.10.2 defects caused by improper storage, charging or use of the goods;
7.10.3 defects caused by natural physical alteration of the goods;
7.10.4 the unsuitability of the characteristics of the goods to the Buyer, if such unsuitability is not due to a defect in the goods;
7.10.5 in other cases, provided by law, Warranty Terms and the Sales Contract.
7.11 If the obligations under the Sales Contract can be performed in parts and the event referred to in clauses 4.13 or an event occurred in respect of only some of the goods, the Buyer may withdraw from the Sales Contract only in respect of those goods or the goods of the manufacturer. In this case, withdrawal from the entire Sales Contract is not allowed
8 Limitation of liability and dispute resolution
8.1 In no event shall the Seller be liable:
8.1.1 for possible errors caused by third parties that affect the technology or result in a situation where money transfer or bank link or credit card payment and consequently conclusion of a Sales Contract may fail. If there are any problems with the transfer of funds, bank link or credit card payment, the Buyer is obliged to notify the Seller thereof immediately;
8.1.2 for damage caused to the Buyer if the identity of the Buyer is used by another person.
8.1.3 for any accidents happened to the Buyer or caused by the Buyer with consequential temporary or permanent loss of health or death or any material damage, including loss of income or revenue, or any additional costs or penalties.
8.2 The parties’ liability shall be limited if the breach is due to force majeure. Force majeure is a circumstance that could not be influenced by a Party and could not reasonably have been expected to be taken into account or avoided by the Party or circumvented the impediment or its consequence at the time of the conclusion of the Sales Contract. The Party shall notify the other Party in writing of the occurrence of force majeure and the failure to fulfill its obligation immediately, but not later than within three days of its occurrence or becoming aware of it if the latter occurred later. Thereafter, the Parties agree to reduce the scope of the commitments in view of the effect of force majeure on their ability to meet their obligations.
8.3 The Seller shall not be liable for any delay or misunderstanding in the delivery of the goods if the delay or misunderstanding is due to inaccuracy or incorrectness of the information provided by the Buyer when placing the order or the Buyer’s own delay of receipt, which includes, but is not limited to, the absence of a suitable receiver under the Sales Contract on the behalf of the Buyer at the place of delivery of the goods at the designated time.
8.4 In no event shall the Seller indemnify the Buyer for any pecuniary or non-pecuniary damage or for damages to any third party, or for any indirect damage (such as loss of profit).
8.5 The Seller shall not compensate the Buyer for any loss or damage caused by the Buyer assuming any obligations to third parties in connection with the goods.
8.6 The Seller shall not compensate the Buyer for any damage incurred as a result of changes in delivery times, prices, and other terms.
8.7 The Seller shall not be liable for any damages incurred by the Buyer as a result of the Seller’s exercise of the right of withdrawal from the Sales Contract.
8.8 In order to resolve disputes, the Buyer has the right to contact the competent supervisory authority, which is the National Consumer Protection Board at Pronksi 12, 10117 Tallinn, e-mail: info@tarbijakaitseamet.ee. The Consumer Disputes Committee shall have jurisdiction to resolve any dispute arising out of a contract between the Buyer and Seller that the parties have failed to resolve by agreement. Reviewing the complaint in the Committee is free of charge for the parties. For more information on resolving complaints, please visit https://www.tarbijakaitseamet.ee/et/tarbijavaidluse-k committee
8.9 Disputes arising from the conclusion and performance of a Sales Contract shall be settled by negotiation. If no agreement is reached, the Parties shall resolve the dispute between them in the Harju County Court in Estonia. The Buyer also has the right to appeal to the out-of-court complaint and dispute resolution body of the Consumer Protection Board
9 Other terms and conditions
9.1 The Buyer confirms that he/she:
9.1.1 is a person with the legal capacity to perform transactions provided in the e-store;
9.1.2 is aware and agrees that placing an order and paying for an order in the E-store will result in the conclusion of a binding Sales Contract;
9.1.3 is aware and agrees that the Seller has the right to store the Buyer’s personal data and to process the Buyer’s personal data in accordance with the applicable legislation and the Terms and Conditions;
9.1.4 understands fully and without difficulty all the terms and conditions contained in these Terms and Conditions and fully understands that the use of the E-store may result in legally binding obligations for him/her.
9.2 The Buyer undertakes:
9.2.1 to provide fully accurate personal information in the purchase process of the goods, including placing the order under his/her full and correct name, providing the correct date of birth, and using a valid email address;
9.2.2 be fully responsible for any activity that is delivered under his or her identity or at his or her IP address;
9.2.3 not to use the E-store illegally or activities that do not conform to good morals (including unlawful use of another person’s identity);
9.2.4 not to allow minors and other persons who are prohibited or restricted by law to make certain types of transactions to make purchases under their identity in the e-store.
9.3 The E-store and all its contents, including but not limited to the software used, web site graphics, design, text, images, trademarks, etc., are the intellectual property of Seller or intellectual property used by Seller under license. All of the foregoing is a separate subject matter of intellectual property rights, which the Buyer has no right to use in any case without the Seller’s written permission.
9.4 In order to offer their own goods through the Seller’s e-store, the manufacturers and suppliers of the goods have granted the Seller the right to use their trademark, descriptions of the goods, photographs, and other property that may be considered intellectual property of such persons.
9.5 Prices and availability of goods are subject to change without notice. In this case, the Seller reserves the right to refuse the sale and to refund the Buyer to his/her bank account within a reasonable time.
9.6 The Seller reserves the right to refuse the sale if any of the following problems have occurred with the goods: there has been a human error in entering a price or description or a technical error in the system (for example, if a product costing € 1000 is sold for € 100, it is an obvious error). A product with such an error will not be sold at this price.
9.7 Product information is regularly reviewed and updated. The data may have been updated since the Buyer’s last visit. Due to a deficiency in the manufacturers’ data cards, the Seller may have inaccuracies in the product information of the e-store. In this case, the Seller assumes no responsibility for the accuracy of the product information. However, we recommend that the Buyer verify the accuracy of the product information by contacting Seller’s Customer Service at ride [at] oolter.com before making a purchase.
9.8 Exchanges of information between the Buyer and the Seller regarding the website’s notices and the Sales Contract shall be made in electronic form via the e-mail addresses published to each other in the E-store or by publishing information in the e-store. A notice is deemed to have been received by a party if it has been sent to the other party’s e-mail address or published in the e-store. Notices may also be sent to the Buyer in writing at the address provided in the Sales Contract or to the Seller at his/her official mailing address.
9.9 The valid Terms and Conditions are presented in the E-store in a manner that allows the Buyer to save them on their own computer and to reproduce them later. The Seller keeps the text of all versions of the Terms and Conditions. Although the Seller may change the provisions of the Terms and Conditions from time to time, the previous versions of the Terms and Conditions shall remain available to Buyers. In order to obtain an earlier version of the Terms and Conditions, the Buyer must submit a corresponding request to the Seller.
10 The current version of the Terms and Conditions
10.1 This edition of the Terms and Conditions is approved and is effective from 01.06.2021.