Digitehnika OÜ e-shop terms and conditions of sale
Definitions of terms and conditions of sale:
- E-shop – the offer and sale of goods or services for sale over the internet without the simultaneous physical presence of the parties;
- Place of business for e-shop – in the case of e-commerce, the address of the website;
- Products – movable property offered or sold for sale;
- Trader – fany natural or legal person, including any legal person governed by public law, acting for purposes relating to his trade, business or profession;
- Buyer – a natural or legal person who purchases goods from a trader;
- Consumer – natural person acting for purposes which are outside his trade, business or profession;
- Consumer dispute – a dispute concerning contractual obligations arising from a contract between a consumer and a trader;
- LOO – law of obligations.
2. General provisions
2.1 E-commerce is carried out in accordance with the legislation of the Republic of Estonia. The terms and conditions of sale of Digitehnika OÜ are in accordance with the Law of Obligations Act, the Consumer Protection Act, the Commercial Activities Act, the Information Society Services Act, the Waste Act and Regulation (EC) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.
2.2 The E-shop Merchant reserves the right to make changes to the E-shop services and price lists at any time. The e-shop merchant has the right to unilaterally amend and supplement these terms and conditions of sale in the event of changes in the laws governing trade, discovery of inconsistencies with the applicable laws, or for any other good cause in accordance with the applicable laws. The terms and conditions of sale of user contracts already concluded will remain valid in the version in force at the time of conclusion of the contract.
2.3 The prices of goods in the e-shop are in euros and include VAT.
2.4 It is obligatory for the Buyer to familiarise himself with the terms and conditions of sale of the e-shop. Before confirming the purchase of goods, the buyer must confirm acceptance of the terms and conditions of sale of Digitehnika OÜ e-shop. Acceptance is deemed to mean that the buyer has read and understood them and confirms acceptance of the terms and conditions set out in the sales contract.
3. Prices
3.1 All prices of goods sold in the e-shop are expressed in euros and are inclusive of VAT, except for second-hand goods subject to the special VAT arrangements (§§ 41 and 42).
3.2 If the Buyer wishes the goods to be delivered to the address indicated in the order, the cost of carriage, postage or other delivery charges shall be added to the price of the goods.
3.3 The trader has the right to change the prices of the goods sold in the e-shop at any time.
3.4 If the trader has changed the price of the goods before delivery to the buyer, the goods will be delivered at the selling price valid at the time of purchase.
3.5 If the goods ordered by the customer are out of stock in the trader’s warehouse before being delivered to the buyer, the trader is not obliged to offer the customer an equivalent or similar substitute suitable for the customer if the price of the substitute significantly exceeds the price of the goods originally ordered, and clause 7.1.1 of these terms of sale applies.
4. General information about goods and the buying process
4.1 Goods offered for sale in the e-shop are generally in stock at Digitehnika OÜ or ordered from an intermediate store or suppliers as required. During the process of purchasing goods, information is displayed to the buyer about the stock level in the trader’s warehouse or the delivery time of goods ordered from suppliers to the trader’s warehouse in working days.
4.2 After the order has been placed, the buyer will receive an order confirmation from the trader to his e-mail address. Delivery time does not normally exceed 30. calendar days. In the case of a longer delivery time than the one indicated when ordering, the trader will inform the buyer separately.
4.3 In the case of a longer delivery time than indicated when ordering the goods, the trader, in agreement with the buyer, will offer:
- new delivery time;
- substitution of a product by an equivalent product;
- money back.
4.4 If, for reasons beyond the trader’s control, the delivery time exceeds 30 calendar days, the trader will offer, by agreement, a new delivery time, replacement of the product with an equivalent product or a refund.
4.5 In case of the application of the option of returning the money set out in clauses 4.3 and 4.4, the trader shall return the money paid by the buyer for the goods on the basis of the request within 14 days from the date of the request. The trader will make a refund for the returned goods by transfer to the bank account indicated in the buyer’s request. Other payment methods are possible with the agreement of the buyer.
4.6 Product images displayed with the Goods in the Online Shop may be illustrative and may differ from the actual Goods. In order to get acquainted with the product and to obtain more detailed information or a description, the purchaser may contact the trader either by e-mail or, if the goods are available, come to the trader’s showroom to examine the goods.
4.7 Trading on the e-shop is conducted with both natural and legal persons.
4.8 The Buyer is obliged to provide the Seller with the correct and correct data required for the fulfilment of the order in the purchase process (in the case of a consumer, surname, first name, contact telephone number, e-mail address, delivery address, postal code, and in the case of a legal entity, the name of the legal entity instead of the surname and, in addition to the other data listed in the case of a consumer, the commercial register code). The trader shall not be liable for any problems or any consequences caused by the purchaser as a result of the provision of incorrect information.
4.9 In the e-shop, the buyer is obliged to pay on the basis of the invoice provided by the trader after placing the order. The e-shop merchant also offers a hire-purchase option, which can be obtained by filling in an application form and submitting it to the merchant together with the order confirmation.
4.10 Fulfillment of the e-shop order starts from the moment the buyer has placed the order for the goods and fulfilled the payment obligation or the instalment request has been accepted by the instalment company and the instalment request has been signed by the buyer.
4.11 Goods marked “used”, “renewed” or “refurbished” in the e-shop have been previously used and refurbished in the factory or in the Digital Technology production and may show signs of wear and tear, the packaging may be non-original. It is possible and advisable for the purchaser to ask the trader for further information on the condition of the product by e-mail before purchasing such a product.
4.12 In the e-shop, the Buyer may consent to the trader to receive sales offers at the e-mail address provided by the Buyer. In case of acceptance, the buyer has to make a note in the corresponding window during the purchase process.
5. The online shopping process
5.1. In order to start the purchase process, the buyer must select the appropriate goods from the Digitehnika OÜ e-shop and familiarise himself with the information, description, terms and conditions of purchase and price of the goods. All the information you need can be found under the product description. The availability of the goods in the warehouses of Digitehnika OÜ and the delivery time of the ordered products are displayed to the buyer during the selection process.
5.2. In order to make a purchase, the buyer must select the goods and place them in the shopping cart or click on the “Buy now” button.
5.3. If you wish, you can select more products in the shopping cart. Before finalising the purchase, the buyer must ensure that the quantities of all the goods requested are correct.
5.4. You can delete selected items from the shopping cart, change items and quantities before finalizing and confirming the purchase.
5.5. In order to confirm the purchase, the buyer must enter all the information required by Digitehnika OÜ in the order (see section 4.8).
5.6. If the buyer requests delivery of the goods to the address indicated in the order, the cost of carriage, postage or other delivery charges will be added to the price of the goods. For this purpose, the buyer chooses the delivery method before the order is finally confirmed. A delivery charge is added to the price of the goods, according to the delivery method chosen by the buyer. The corresponding fees are shown on the checkout page of the e-shop.
5.7. The e-shop offers the buyer the following ways of delivery within Estonia, Latvia, Lithuania and the Republic of Finland:
- Omniva
- DPD courier delivery to the address indicated by the buyer to the front door of the house;
- Smartpost or DPD parcel service to the parcel machine or parcel shop indicated by the buyer.
5.8 In the case of delivery to other countries, the mode of delivery and the fee shall be agreed separately with the Buyer.
5.9 The Buyer may choose the subsequent delivery of the Goods when purchasing the Goods. You can get the goods ordered from the e-shop from the Digitehnika OÜ sales office.
5.10 If the Buyer wishes to collect the ordered goods from the sales office, no additional costs for the transport of the goods will be added to the price.
5.11 The Buyer is obliged to familiarise himself with the terms and conditions of sale of Digitehnika OÜ before finalising the purchase. To do this, the buyer must make a mark in the relevant window “I agree to the terms and conditions of sale of Digitehnika OÜ e-shop”, once he has read, understood and accepted the terms and conditions of sale. Without agreeing to the terms and conditions of the e-shop, the buyer cannot proceed with the purchase.
5.12 The contract of sale of goods purchased from the e-shop becomes binding on the parties upon payment of the sales invoice by the buyer or conclusion of a hire-purchase agreement.
5.13 If you purchase goods on instalment credit from an online store, you must complete the instalment credit application form in the manner set out in clause 4.9. If the application is accepted by the instalment facility provider and the instalment contract is signed by the purchaser, the e-commerce sales contract is deemed to be concluded.
5.14 When applying for instalments, the Buyer must sign the instalment contract within 5 days of the instalment company’s acceptance of the instalment.
issue. If the buyer fails to sign the instalment contract by the deadline, the order in the online shop will be cancelled.
5.15 The Buyer is obliged to pay the e-shop purchase invoice within 5 days of placing the order. If the buyer has not paid the invoice within this period, the order will be cancelled.
6. Delivery time and conditions
6.1 When making a purchase in the e-shop, the Buyer chooses the most suitable delivery option from those offered by the Merchant.
6.2 The methods of delivery of goods ordered from the e-shop are described in clause 5.7.
6.3 The length of the delivery period for goods purchased from the e-shop depends on the warehouse in which the ordered goods are located, the stock and location of the warehouse are displayed on the product page in the e-shop.
6.4. The money paid for the goods (including the transport service) due to a longer delivery time at the Buyer’s request will be refunded to the Buyer within 14 days from the date of withdrawal from the contract.
6.5 After the order has been confirmed, the trader sends a confirmation to the buyer’s e-mail address. If the buyer has expressed the wish to personally pick up the goods at the sales office, we will inform you as soon as the goods selected by the buyer are ready for delivery at the Digitehnika OÜ sales office.
6.7 If possible, the trader will shorten the delivery time by informing the buyer of this on the order tracking link on the website, through the contact details included in the order or by means of communication.
6.8 Goods are issued to the Buyer at the point of sale on the basis of the e-shop order or invoice number, which can be found on the order confirmation and on presentation of an identification document. Goods are released to third parties if the buyer has authorised them to do so.
7. Withdrawal from a sales contract and return of goods received under a sales contract
7.1 Both the buyer and the trader may terminate the contract before delivery of the goods to the buyer or withdraw from the contract in accordance with the provisions of the LOA.
7.1.1 The trader reserves the right to withdraw from the contract before delivery to the buyer for the following reasons:
7.1.1.1 It is not possible to deliver the goods ordered within a reasonable time or without unreasonable expense to the trader.
7.1.1.2 Current legislation does not allow the sale of the ordered goods to the buyer.
7.1.1.3 The execution of the Order is prevented by. force majeure
7.1.1.4 The Merchant is unable to perform the Contract for any other reasonable reason not specified herein.
7.1.2 If the trader withdraws from the contract on the basis of Clause 7.1.1, the trader shall return to the buyer the advance payment made without undue delay, but not later than 14 days from the date of the decision to withdraw.
7.2 In the event of withdrawal from a contract concluded for the purchase of goods in an e-shop, the provisions of the LOA on withdrawal from contract shall apply.
7.3 Once the goods purchased from the e-shop have reached the consumer, the consumer may return the goods within 14 days.
7.4 In the event of withdrawal from the contract and return of the goods, the consumer must inform the trader of the withdrawal in writing in a clear and unambiguous manner.
7.5 Notification of withdrawal must be submitted to the email address of Digitehnika OÜ: info@digitehnika.ee
7.6 The consumer shall return the goods to the trader without delay, but not later than 14 days after the withdrawal.
7.7 Upon receipt of the notice of withdrawal, the trader shall refund to the consumer without delay, but not later than 14 days after receipt of the notice of withdrawal, all payments received from the consumer under the contract, including the costs of delivery of the goods incurred by the consumer. If the consumer has expressly chosen a delivery method other than the cheapest delivery method offered by the trader, the trader will not reimburse the consumer for the cost exceeding the cost of the usual delivery method. The trader may refuse to reimburse the consumer until the goods which are the subject of the withdrawal contract have been returned to him.
7.8 In the event of deterioration of the condition of the goods to be returned, the consumer shall be liable for the depreciation of the goods due to the use of the goods, if he has used the goods in a way other than necessary to ascertain the nature, characteristics and functioning of the goods. In order to ascertain the nature, characteristics and functioning of the goods, the consumer must handle and use the goods only as he would normally be allowed to do in a shop.
7.9 The trader will make the refund for the goods to be returned by transfer to the bank account indicated by the consumer in the withdrawal notice. Other payment methods are possible with the agreement of the consumer.
7.10 Goods returned by the consumer must be unused, in their original packaging (which may show signs of opening, but must not be damaged) and in their original condition (containing all items in the product packaging). If the goods have been bought as part of a product promotion, where some goods have been added to the main product, the buyer must return the whole set, i.e. all the goods.
7.11 The consumer cannot return the goods purchased if the goods have been made to order for him, taking into account the consumer’s personal needs or in accordance with the conditions specified by the consumer. Goods which are not suitable for return for health or hygiene reasons and which have been opened after delivery cannot be returned. Also, audio and video recordings with open envelopes and Digital Goods are not eligible for return.
7.12 The Consumer shall bear the direct costs of the return of the goods delivered to him as the subject of the sale and purchase contract, unless the parties have agreed otherwise in the sale and purchase contract.
8. Complaints procedure
8.1 The 2-year period for lodging a complaint provided for in section 218(2) of the LOO applies to products sold to consumers via the e-shop. The period for lodging a complaint starts from the date of delivery of the goods to the consumer, which is fixed in the accompanying document.
8.2 The claim must be lodged immediately, but not later than two months from the discovery of the defect. Upon discovery of a defect, the buyer must take reasonable measures to preserve and protect the goods, including not using the defective goods if the use of the goods will further deteriorate their condition.
8.3 The Buyer, when entering into a sale and purchase agreement in the course of his business or professional activity, must inspect or have inspected the purchased goods without undue delay and must notify the trader of any non-conformity of the goods with the terms of the contract within a reasonable time after becoming or should have become aware of the non-conformity of the goods with the terms of the contract.
8.4 The purchaser who has concluded a sales contract in the course of business or professional activity must describe the non-conformity of the goods sufficiently precisely when notifying the non-conformity, i.e. when lodging a complaint.
8.5 A complaint submitted to Digitehnika OÜ shall not be settled if it is proved that the defects in the goods have been caused by the Buyer.
8.6 During the period for lodging a complaint, the buyer has the right to have the goods repaired by the trader free of charge. If the goods cannot be repaired, they will be replaced on the basis of a decision by an authorised workshop. If the goods cannot be replaced, the trader will return the money paid for the goods to the buyer.
8.7 The right to claim is subject to the condition that the goods have been used only in the intended conditions and for the intended purpose.
8.8 The period for lodging a claim will be interrupted and the free repair services will cease to be valid if:
- when the goods are brought to the outlet for repair, no proof of purchase or commissioning is provided or the data on the goods have been altered/deleted;
- the serial number and model number of the goods have been changed, removed or invalidated;
- the design or factory configuration of the goods has been tampered with or the goods have been repaired by unauthorised persons;
- the defect in the goods is the result of improper use by the buyer, failure to follow the instructions for use, or if the defects were caused by negligent storage, maintenance, overloading, physical damage, damage caused by liquids, etc;
8.9 The right to lodge a claim does not extend to damage caused in transit after delivery of the goods to the Buyer, incorrect use of the goods, incorrect installation of the software or use of the goods for a purpose for which they were not intended. Normal wear and tear of parts resulting from regular use of the goods and defects that are insignificant from the point of view of the intended use of the goods (scratches, etc.) are also excluded from the scope of the claim.
8.10 Digitehnika OÜ shall not be liable:
- the preservation of information relating to the repaired goods;
- damage to data and software and loss of data that may result from the repair of the goods;
- for failure to remedy defects in the goods, if the defect was not mentioned in the complaint.
8.11 Digitehnika OÜ draws attention to the fact that in case of non-conformity of the goods purchased from the e-shop with the terms of the contract, the consumer has the right to use the remedies listed in the LOO §101.
9. Guarantee procedures
9.1 Digitehnika OÜ arranges the manufacturer’s warranties and warranty procedures for new goods sold in the e-shop, without carrying out warranty repairs itself.
9.2 For Goods for which there is an authorised distributor in Estonia, Buyers may independently contact them with any warranty issues.
9.3 In order for the warranty repair procedure to be carried out, the Buyer must present a copy of the document proving the sale or contracting by Digitehnika OÜ and the goods with an undamaged serial number. If the serial number of the goods is damaged or illegible, as well as in case of visually visible mechanical damage, Digitehnika OÜ has the right to refuse to mediate a free warranty repair.
9.4 In order for the warranty repair procedure to be mediated, the goods must be presented to Digitehnika OÜ in their original condition.
9.5 Digitehnika OÜ shall store the goods that have undergone the warranty procedures for a period of up to three calendar months, after which the goods shall be disposed of if the person who brought the goods to the warranty procedure has not come to collect them.
9.6 The length of the warranty period is determined by the manufacturer of the goods and information to this effect is provided in the product description and information for goods sold online. In case there is no information about warranty in the product description, OÜ Digitehnika does not provide warranty.
9.7 The warranty period starts from the delivery of the goods to the buyer.
9.8 The Buyer must check the manufacturer’s warranty terms applicable to the specific Goods in the e-shop before purchasing the Goods and paying the purchase invoice.
9.9 In the event of a Warranty Claim, the Buyer shall:
- check that the goods are free from physical damage and that all accessories, attachments and equipment are intact and complete. If the goods are physically damaged, the manufacturer’s guarantee does not apply;
- deliver the defective goods together with the purchase invoice to the sales office of Digitehnika OÜ or, if an authorised service centre is available;
- the goods must be accompanied by all accessories, attachments and equipment relating to them. In the case of incomplete goods, the trader and the authorised repairer may refuse to accept the goods for warranty repair;
- describe as precisely as possible the defect or shortage that has occurred and how and when the defect or shortage occurred.
9.10 If the expert examination carried out in the course of the settlement of a warranty claim reveals that the goods have been damaged due to improper use by the Buyer or if the expert examination does not reveal any defect and the goods meet the technical requirements of the manufacturer, the costs of the expert examination shall be borne by the party who has carried out the expert examination.
9.11 No expert’s fee is payable by the consumer buyer during the first 12 months from the date of receipt of the goods.
9.12 In the case of warranty claims, Digitehnika OÜ will not provide a replacement product in place of the goods that have been sent for examination or repair.
9.13 Warranty Cases do not include:
- consumables (batteries, cartridges, print heads, floppy disks, CDs, mouse mats, licence stickers, etc.), packaging and documentation;
- software, including pre-installed software, and software-induced malfunctions;
- operating faults and physical damage caused by accidental or deliberate physical injury or by foreign objects, liquids, insects, excessive dust, etc., which have entered the goods. by;
- operational breakdowns and physical injuries caused by malfunctioning electrical systems (absence of earthing conductors, etc.), power cuts or fluctuations in the mains voltage;
- malfunctions and physical damage caused by the use of non-original parts or inappropriate accessories.
- operational faults caused by incorrect use of the equipment or failure to comply with the instructions for use.
9.14 Complaints about defective pixels on LCD screens:
No claim can be made for defective pixels on the LCD screen if the number of defective pixels is within the limits of ISO 13406-2. Since 2000, manufacturers have been using the international standard ISO 13406-2, which indicates the quality of LCD displays. ISO 13406-2 specifies the main technical parameters of the screen, including the number of defective points allowed. The number of allowed defective pixels is divided into four classes which are usually written according to the ISO standard (for example: ISO 13406-2 Class 2). Most LCD screens use Class II.
Class I:
- Always burning point – 0
- Lost point – 0
- Wrong colour point – 0
Class II
- Always burning point – 2
- Lost point – 2
- Wrong colour point – 5
Class III
- Always burning point – 5
- Lost point – 15
- Wrong colour point – 50
Class IV
- Always burning point – 50
- Lost point – 150
- Wrong colour point – 500
10. Customer complaints handling procedure
10.1 In the event of a customer complaint, the purchaser must send a written complaint to the e-mail address info@digitehnika.ee or contact the sales office of Digitehnika OÜ.
10.2 In the event of a complaint in writing or in a form that can be reproduced in writing, the buyer must state:
- name and contact details;
- the date on which the complaint was lodged;
- the description of the complaint or the content of the claim against the trader;
- in the case of a customer complaint relating to the purchase of goods, attach a document or a copy of a document proving the purchase or the guarantee.
10.3 Digitehnika OÜ will send a confirmation of receipt to the complainant. Acknowledgement of receipt of the complaint is given in the same form in which the complaint was lodged.
10.4 Digitehnika OÜ will respond to the buyer’s complaint within 15 days. If the trader needs more time to respond to the complaint, the trader will inform the buyer, giving the reasons for the delay and giving the complainant a new deadline for responding to the complaint.
10.5 In case the consumer is not satisfied with the resolution of the customer complaint by the trader, he/she may refer the matter to the out-of-court dispute resolution unit, which is the Consumer Disputes Committee of the Consumer Protection Authority in Estonia.
10.6 The Consumer Disputes Committee is competent to settle disputes arising out of a contract concluded between a consumer and a trader which the parties have not been able to settle by agreement.
10.7 The Consumer Disputes Committee will examine the complaint free of charge.
10.8 For more information on the Consumer Disputes Committee, please visit https://ttja.ee/.
10.9 Digitehnika OÜ draws the attention of consumer purchasers to the Online Dispute Resolution (ODR) platform in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes. In particular, the online dispute resolution platform is designed for cross-border disputes, allowing the consumer buyer to more easily find the appropriate out-of-court entity in the trader’s Member State to resolve a specific dispute. The ODR platform can be found at: https://ec.europa.eu/
10.10 Issues not specifically mentioned in these e-shop terms and conditions of sale shall be resolved in accordance with the legislation in force in the Republic of Estonia.
11. Collection points for electronic waste products
11.1 Pursuant to §25 (2) and (3) of the Waste Waste Act, an electronic product or appliance which requires an electric current or electromagnetic field for its operation and a device for generating, directing and measuring this current and field, and which is intended for use with a voltage not exceeding 1000 V a.c. and 1500 V d.c. is considered to be a problem product.
11.2 Collection points for problem products:
12. Confidentiality of personal data
12.1. The confidentiality of personal data is guaranteed by the Privacy Policy, which is an integral part of these Terms of Sale.
The terms and conditions for the protection of personal data can be found here: Privacy Policy
13. Liability and force majeure
13.1 Digitehnika OÜ shall be liable to the buyer and the buyer shall be liable to Digitehnika OÜ for any damage caused to the other party by breach of these terms and conditions of sale in the cases and to the extent provided for by the legislation in force in the Republic of Estonia.
13.2 Digitehnika OÜ shall not be liable for any damage caused to the buyer or for any delay in the delivery of the goods, if the damage or delay in the delivery of the goods is due to a circumstance beyond the control of Digitehnika OÜ and which Digitehnika OÜ did not foresee and could not have foreseen (force majeure).