Terms of Use (agreement)

THE OBJECT OF THE TERMS AND THE GENERAL CONDITIONS
1. The E-shop with address pickups4x4.eu is available through Style Auto OÜ, registration code 14576838, VAT: EE102103083, address Sõpruse 232, Tallinn, 13412, Estonia, electronic post info@pickups4x4.eu, telephone +372 53 04 07 06 (hereinafter the Seller and/or Pickups4x4 e-shop). The present terms and conditions of use (hereinafter: the Terms) shall regulate the legal relations between the Seller and a user of Pickups4x4 e-shop (hereinafter: the Buyer) with regard to the use of Pickups4x4 e-shop, inc. orders and transactions.
2. The service of Pickups4x4 e-shop includes the opportunity for the Buyer to conclude the sale contract for products and services (hereinafter: goods) sold at Pickups4x4 e-shop. A list and descriptions of goods offered are given on the web site pickups4x4.eu. Pickups4x4 e-shop offers goods in the form of “as is” and “as possible”. The access to Pickups4x4 e-shop and use of Pickups4x4 e-shop are at a sole user discretion. The Seller is not liable for any damage that may result from the use of Pickups4x4 e-shop or related applications.
3. By using Pickups4x4 e-shop, the Buyer confirms his/her agreement with these terms and the obligation of compliance. In the case of concluded sale contracts, i.e. confirmed orders, the obligations to the Seller and the Buyer will be binding in accordance with these General Terms and Conditions. If you do not agree with these terms and conditions, the Buyer must immediately stop using Pickups4x4 e-shop. The Seller is entitled to leave the Buyer’s order unfulfilled if the Buyer has not complied with these conditions or the instructions displayed in Pickups4x4 e-shop or have not paid for the order.
PARTIES TO THE TRANSACTION
1. A Buyer must be an adult (at least 18 years old), a natural person or any legal entity who, before signing a sales contract or using services of Pickups4x4 e-shop, confirms that he/she has read, understood and agrees to comply with the conditions. However, if a person who fails to comply with these requirements, still uses Pickups4x4 e-shop, submits order and / or purchases goods, the person from whose bank account or credit card a payment for the relevant transaction was performed shall be responsible for the consequences of operations above.
COST, AVAILABILITY AND INFORMATION ON GOODS
1. The prices of all goods in Pickups4x4 e-shop are in euros and include the current value added tax of the respective country Estonia
2. In addition to the payment of the price of goods, the Buyer undertakes to pay the cost of transport to the place of delivery (hereinafter: transportation costs). The cost of transport depends directly on the quantity, weight and dimensions of goods, location and may vary. Receipt of goods without transport costs is possible from the Seller’s shop and /or warehouse unless otherwise stated on the web page pickups4x4.eu.
3. Goods selected by the Buyer are added to the shopping cart and their cost is calculated automatically. Before the payment begins, the content and cost of the cart will be displayed on the website.
4. The cost of transport is calculated automatically, provided that one order is delivered to one address. In a case the Buyer wants the goods to be delivered to different addresses, the Buyer must formalize separate orders.
5. The Seller is entitled to change the prices of goods at any time without informing the Buyer in advance thereof. If the Seller has changed prices after the payment of an invoice by the Buyer, then the goods will be delivered to the Buyer at the prices indicated on the invoice (except in the cases indicated in Section 3.7). In a case, when the price becomes more favourable than set on the invoice, the Buyer is not entitled to claim compensation for the difference in price.
6. The Buyer is obligated to immediately notify the Seller of any errors or failures that prevent the use of Pickups4x4 e-shop. Since the occurrence of technical errors in Pickups4x4 e-shop or cybercrime cannot be completely ruled out, the Seller reserves the right to control all orders executed and invoices paid. If there is an error (for example, the price of goods is disproportionally small compared to the market price of such goods), the Seller is entitled to cancel an order unilaterally, annul a sale contract and to not deliver goods. The Seller shall notify the Buyer by e-mail or telephone within 7 working days of receipt of the invoice amount to the Seller’s bank account, providing the opportunity to make a new order or refund the amount paid by the Buyer.
7. In using Pickups4x4 e-shop, the Buyer should take into account that based on the stock reserve of Pickups4x4 e-shop and the technical characteristics of goods accounting, the inventory is displayed with a delay in time, therefore, the information displayed may vary from reality. Similarly, the Buyer must take into account that the goods he wishes are reserved for him in the Seller’s warehouse only after the payment and noting the receipt thereof. Hence, the Seller shall not be responsible for the fact that goods specified by the Buyer are indicated “In Stock”, but later it becomes clear that the Seller’s warehouse has run out of goods requested by the Buyer. In this case, the Seller will inform the Buyer of the lack of goods within 7 working days, offering the opportunity to make a new order or to get back the amount paid by the Buyer. In this case, the Seller is not liable for any damages incurred by the Buyer.
8. When using Pickups4x4 e-shop, the Buyer undertakes to take into account that photos of goods shown are illustrative and may slightly differ from the actual appearance of goods, as well as other displayed information fulfils, in the first place, the general need for information and may change at any time. To obtain more accurate and complete information about the product, incl. its technical characteristics and appearance, the Buyer can contact the Seller via Pickups4x4 e-shop, at e-mail address info@pickups4x4.eu, or by telephone +372 53 04 07 06.
9. When using Pickups4x4 e-shop, the Buyer is required to:
  - ensure that all information provided by him when using Pickups4x4 e-shop is correct;
  - not to transmit unlawful or otherwise prohibited information;
  - not to use Pickups4x4 e-shop for speculative or inaccurate acts or fraud;
  - not to send files containing viruses and other computer programs or files that hinder, damage or otherwise interfere with the normal use of the environment through Pickups4x4 e-shop and which, as a result of the use of the environment, may be stored on the computer of other Buyer; and/or interfere, damage or otherwise interrupt the normal operation of computers;
  - not to modify, copy, transmit, sell, reproduce or otherwise use Pickups4x4 e-shop website or its contents in a prohibited way
10. ORDERING AND CONCLUDING CONTRACT OF SALE & PURCHASE
  1. To complete the order for a selected item in Pickups4x4 e-shop, the Buyer must add the item to the virtual shopping cart by clicking the “”Add to cart”” button. In a case the Buyer wishes to add goods to the same order, he/she must carry out the action described above for each selected item.
  2. After selecting an item and adding it to the basket, click on the “View shopping cart” link (or press the “”Cart”” button and click “Go to shopping cart” in the menu). In the shopping cart, the Buyer may increase or decrease the quantity of goods or completely remove the goods from the cart.
  3. After determining the good and the appropriate quantity, the Buyer will have to click on the “Checkout” button to complete the order. If the Buyer has not been registered in Pickups4x4 e-shop, he/she must enter personal data to confirm the order, either their personal data or company data, incl. e-mail address and contact phone. Then press the “Registration” button. To complete the registration, the Buyer must tick a box “I agree with terms and conditions, and privacy policy”. The Buyer has the right to print the terms or to store them in a digital form on their personal information carrier. The buyer is required to execute orders in accordance with the conditions and following the instructions for use shown in Pickups4x4 e-shop. The Buyer undertakes to carefully check the data entered when making the order and to assume responsibility for the accuracy of the data entered, whilst bearing the risk of any possible damage resulting from his/her mistake.
  4. After entering the data, the Buyer must choose the appropriate delivery method. Select “Will pick up the order from PICKUPS4X4 store: Tallinn, Lehtri 4” if you want to get the goods from Pickups4x4 office. Select “send items to me” and follow the instructions if you want to use the transport service. If the Buyer wishes to change the delivery method, click “change delivery” and follow the instructions.
  5. Upon entering the data and selecting the delivery methods, a Shopping Cart, containing the goods and delivery method chosen by the Buyer, will be displayed. If the Buyer wishes to acquire the goods in the Shopping Cart and conclude a sale contract, the Buyer must choose the appropriate payment method. To select a payment method, the Buyer must click on the “Checkout” button again. In a case the Buyer wants to change the order, it must be done before choosing a payment method.
  6. If the Buyer has chosen to pay via the Internet bank, he will be redirected to the page of the Internet bank selected. After paying the invoice in the Internet bank, the Buyer will click on the button “Back to the merchant”, after that the Seller will receive from the bank a confirmation of the successful payment.
  7. A sale contract between the Seller and the Buyer is deemed to be concluded if the Seller has received confirmation of the consultation regarding the conditions of use in accordance with clause 4.3 and the amount specified in the order has been received in full on the Seller’s account. To confirm the conclusion of the sales contract, the Seller sends to the Buyer a confirmation with the invoice to the e-mail address entered. The Seller shall keep documents sent for 7 years.
  8. Consent to the processing of personal data for Pickups4x4. By signing up and submitting an order, the Buyer gives a consent to the collection and processing of personal data for the purpose of establishing a customer relationship, concluding, executing, modifying, terminating a contract, offering goods, improving the quality of goods, and performing other operations related to the above, as well as sending offer to Pickups4x4, if the Buyer has given a separate consent thereunder. The Buyer agrees that the transfer of personal data to third parties, incl. the producer of the goods is allowed in the manner prescribed by the Personal Data Protection Act. A person is aware of his or her rights to receive information about the personal data collected and about the purpose of their use at any time; information regarding to whom personal data has been communicated; to request the correction of inaccurate data; termination and deletion of data processing if the requirement is not in accordance with the legislation.
11. EXECUTION OF ORDER
  1. Carriage of goods takes place at the Buyer’s expense and risk according to the conditions of the transport company chosen by the Buyer. For customer convenience, the approximate date of delivery is displayed in the Shopping Cart.
  2. If after the conclusion of a sale contract it becomes evident that the Buyer’s purchases are not in stock and delivery date changes, the Seller will inform the Buyer about a new delivery date. In a case, when the Buyer is not interested in purchasing the product resulting from the extension of the due term, the Buyer has the right to withdraw from the sale contract in accordance with the clause 6.1 of the terms. The Seller shall not be liable for any damage caused by the delay in the delivery of goods.
  3. In the event that the delivery of goods, a delayed delivery or any other misunderstanding occurs due to inaccuracies in the data entered by the Buyer, the Buyer will not have the right to withdraw from the sales contract in accordance with clause 6.1 of these Terms.
  4. Before the acceptance of the goods and the signature of the delivery note, the Buyer must carefully inspect the packaging of the Goods, in a case of physical damage, it must be indicated on the waybill and inform the Seller within 1 working day by e-mail to info@pickups4x4.eu or by phone +372 53 04 07 06. The Buyer has the right not to accept goods with damaged packaging. Upon the receipt of the goods and failure to inform of the damaged packaging, the goods are deemed to have been duly delivered to the Buyer. The Buyer is entitled not to accept damaged goods.
  5. Upon the receipt of the goods and before the installation / assembly / painting / use, the Buyer is obligated to take into account that the goods must be carefully disassembled to prevent damage to the packaging, factory markings or serial numbers of the goods, and also the Buyer is obligated to check whether the goods are suitable for his car or not. It is necessary in case of cancellation of the sales contract, when the risk associated with the damage referred to in clause 6.9 and 6.11 of the Terms is reduced.
12. CANCELLATION OF THE SALE CONTRACT
  1. The Buyer has the right to cancel the sales contract in the case described in clause 5.2 of the Conditions, including in the case where there is a contract of sale concluded pursuant to Clause 4.7 of the Terms and Conditions, but the delivery date for the place specified by the Buyer is prolonged due to the Seller. The Buyer has the right to terminate this contract within 2 business days from the receipt of the information about the delay in the delivery of goods from the Seller. To terminate the contract, an application info@pickups4x4.eu must be submitted to the Seller in a format which can be reproduced in writing. Failure to submit a form will result in no return of goods.
  2. If the Buyer is a consumer within the meaning of the Consumer Protection Act, he has the right to withdraw from the contract of sale within 14 calendar days from the receipt of goods. In order to terminate the sales contract, the Buyer is obliged to submit to the Seller an application in a form that can be reproduced in writing to the e-mail info@pickups4x4.eu within the specified time (application form: https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa1.pdf). In the application, the Buyer is obliged to indicate whether he wishes to receive from the Seller an amount equal to the cost of the order paid by the Buyer or to exchange the purchased goods against other goods offered by the Seller. If the Client does not (previously) /have not submit(ted) an application above, the prepaid amount will remain on the Client’s prepayment account. After three years, Pickups4x4 has the right to transfer funds in the prepayment account for its own benefit.
  3. In the event that goods meet any of the following conditions, the Buyer is not entitled to withdraw from the sales contract in accordance with Clause 6.2 of the Terms:
    - goods which are “ * special orders” and which contain information about the non-application of the right of withdrawal;
    - goods made or commissioned according to the Buyer’s personal preferences;
    - goods made or ordered on personal terms;
    - easily breakable or fast-worn / perishable goods;
    - seasonal goods or any periodicals;
  4. In the event when the Buyer deletes its account from Pickups4x4 e-shop, the Buyer is not entitled to terminate and / or withdraw from the sales contract in accordance with Clauses 6.2 and 7.3 of the terms.
  5. In the event that the Buyer withdraws from the sales contract in accordance with clause 6.2 and wishes to receive from the Seller an amount equal to the cost of the order paid by the Buyer, the Seller undertakes to return the amount paid for the goods and the more favourable transportation costs made available to the Buyer upon delivery of the goods to the Buyer. The Seller has the right not to return the afore-mentioned amount as long as the Buyer has not returned the goods to the Seller.
  6. In the event that the Buyer did not choose a standard, i.e. the most favourable, transportation service for the receipt of the goods, but opted for a higher-cost transportation service, the Seller shall only reimburse the Buyer the cost of standard transport costs.
  7. The Seller returns the amount paid for the goods to the payment system or bank account from which the payment was made within 14 calendar days from the receipt of the application for termination of the sale contract and provided that within the same term (14 calendar days) the Buyer returned the goods to the Seller, the goods returned are in compliance with these terms of use, and the Seller has no reason for reduction or cancellation of the amount paid to the Buyer in accordance with clause 6.11 of the terms.
  8. The repayment term for the amount paid by the Buyer is prolonged by delays in the return of the goods.
  9. Goods returned by the Buyer must be complete and in original packaging (original packaging must not be damaged / spoiled) and, besides, contain all the products, including accessories, that were originally supplied with a set of goods. Supplementary packages with fixture attachments must not be open. The packaging must not have foreign tags (price tags, etc.). If the goods are purchased in the framework of a campaign, or if the goods were accompanied by any other goods, the Buyer is obliged to return all purchased items, including the goods and other products.
  10. The Buyer pays the costs related to return of the goods, except in cases where the goods do not correspond to the description of Pickups4x4 e-shop.
  11. In the event that the goods and / or packaging returned by the Buyer are damaged or spoiled (traces of installation, painted, something is written on the package, etc.), the Seller has the right to recalculate the price of the goods and to reduce it as a result of the damage and to deduct it from the amount refunded to the Buyer; or do not accept goods at all. In a case, where the Buyer disagrees with the reduction in the value of the goods as a result of the recalculation, the Buyer has the right to engage an independent, licensed expert in a fair evaluation of the value reduction. The cost of the expert assessment shall be borne by the party whose opinion is unfounded.
  12. The Seller has the right to terminate the sales contract in the case provided for in clause 3.7 of the Terms, incl. if due to a technical error the price of a particular product changes disproportionally low compared to the market price, and the Seller has not shown that this price has resulted from the impairment of the goods and the Seller has not yet sent the goods to the Buyer’s designated address. The Seller has the right to withdraw from the contract of sale in the situation described in clause 3.8, incl. even after the payment for the goods by the Buyer it occurs that the goods have been out of stock. The Seller has the right to refuse to execute these transactions, notifying the Buyer thereof. In order to terminate the contract, the Seller is required to submit the relevant termination notices to the Buyer in a format which can be reproduced in writing (preferably by using the e-mail address communicated by the Buyer). In case of refusal to perform a transaction, the Seller undertakes to return to the Buyer the amount paid for the purchased goods and transport within 14 calendar days.
  13. Both the Buyer and the Seller have the right to withdraw from the contract and to exercise their right to pursue remedies for non-compliance in accordance with the terms and conditions.
13. RESPONSIBILITY OF THE SELLER FOR NON-CONFORMITY OF GOODS
  1. The Seller is responsible for the non-conformity of goods with the terms and conditions of the sales contract, which becomes evident within 2 years from the date of delivery of goods to the Buyer as prescribed by law.
  2. In case the goods released to the Buyer do not conform to the terms of the contract, the Buyer is obliged to inform the Seller as soon as possible, but not later than within two months after the learning about such facts, by submitting to the Seller the invoice on the basis of which the goods were paid for and a claim that could be reproduced in writing to the e-mail info@pickups4x4.eu. In the event of non-conformity, the use of the goods must be immediately suspended, and the Seller notified thereof as soon as possible. The Buyer is obliged to indicate in his complaint the name, contact details, the date of submission of the complaint, the date of detecting the defect of the goods, a description of the exact defect, claims against the Seller in relation to the defect, but also to indicate or add to the claim a document certifying the contract of sale between the Buyer and the Seller.
  3. Where damage and defect of the goods is detected, the Buyer has the right to demand from the Seller the repair or replacement of the goods with conformable goods. In the event that these measures are not possible or unreasonable, the Buyer has the right to terminate the sale contract and get back the amount paid for the goods. Unless otherwise provided in the sales contract, the Seller shall not compensate for the additional costs incurred when replacing the goods at the time of submission of the claim (assembly and disassembly of goods, transportation, postage, etc.).
  4. The Seller shall not be liable for damages caused by the Buyer for a fault or damage caused by the Buyer’s misuse of the goods.
14. MODIFICATION OF THE CONDITIONS, SETTLEMENT OF DISPUTES
  1. All materials published in Pickups4x4 e-shop belong to the Seller or the Seller has been issued the copyright owner license for commercial use. Copyright is also subject to the terms of use of this Pickups4x4 e-shop.
  2. The Buyer is entitled to keep these terms and conditions on his / her storage medium in order to ensure their written reproduction, when necessary upon conclusion of the sales contract.
  3. The Seller has the right, unilaterally, fully or in part, to modify the conditions without notifying the Buyer in advance. Changes will take effect from the moment of their publication in Pickups4x4 e-shop at pickups4x4.eu. Changes will not affect any previously approved orders.
  4. The Parties shall be liable to each other for the damage caused by the cases and extent of violation of the conditions established in the law of Estonia. The Seller’s liability is limited to the cost of the goods and, in certain cases, the cost of transport, and he is solely liable for the unlawful breach of the terms. The Seller is not liable for the loss of revenue for the Buyer or for the damage suffered by the Buyer or for delay in delivering the goods.
  5. The sales contract and the use of Pickups4x4 e-shop are governed by the law of the respective country: Estonia. The disputes will be settled by negotiation. In the absence of a solution, disputes are taken to the Consumer Disputes Committee at Pronksi 12 Tallinn, www.komisjon.ee. Disputes with legal entity shall be settled in the Harju Maakohtus.
  6. The Buyer has the right to invoke the remedies provided for in the Law of Obligations Act (to demand fulfilment of the obligation; to refuse to fulfil their obligation, to demand compensation for damage, to withdraw from the agreement or to cancel the contract, to lower the price, to demand interest for delayed payment of a financial obligation).
  7. Consumer disputes can also be solved in an electronic environment: http://ec.europa.eu/odr

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