Conditions of sales (contract)
1. Action of the general conditions of sales
1.1 The present document is the contract on cooperation (further named with the term "General Conditions") between the buyer of goods in electronic shop zapchasti.ee (further the Client) and the owner of electronic shop zapchasti.ee represented by Trigon Auto OU (further zapchasti.ee) for establishment of an order and rules of purchase and sale, and also permission of the questions connected to legal duties of both sides.
1.2 The general conditions don't disperse from the main requirements and norms of the legislation of the Republic of Estonia. In the absence of appropriate information in the General conditions, they are added and treated, proceeding from precepts of law.
1.3 In addition to the General conditions of the relation between the Client and zapchasti.ee are regulated based on the price list set by zapchasti.ee.
1.4 zapchasti.ee reserves the one-sided right to make changes to the General conditions and the price list of the offered goods if these changes will be necessary for the purpose of improving of activities, increase in competitiveness, further development, reorganization, and also expansion of the range of the offered services and goods. Changes and additions in the price list and conditions become effective from the moment of their publication on the website http://zapchasti.ee/. The conditions operating at the time of the order extend to the orders issued before entry into force of changes if these conditions don't contradict the legislation and in these conditions it isn't specified differently.
1.5 zapchasti.ee and the Client wish to make purchase and sale through zapchasti.ee e-commerce shop, being based under general conditions, set in this document. Making the order and an advance payment in shop of auto parts zapchasti.ee, the Client confirms that he is acquainted with the General conditions and agrees with them.
2. Price list of zapchasti.ee
2.1 The prices of the sold goods in shop of auto parts zapchasti.ee are specified in euro without transportation costs and contain a sales tax of 20%.
2.2 The cost of delivery of goods to the client is calculated automatically. This amount affects in the Basket of purchases, and also the score/order confirmation exposed to the Client. The client always sees the delivery amount before payment of the order.
2.3 The cost of delivery is calculated automatically provided that one order is delivered to one address. If the Client wishes that to him delivered goods to different addresses, it is necessary to issue different orders or to pay in addition for delivery to additional addresses based on the bill which is made out zapchasti.ee. Also the client can receive item and in shop of the Seller.
2.4 zapchasti I.ee reserves the right to change the price list. If the client made the order before entry into force of changes in the price, then for this client the price specified on the account at the time of registration of the order works provided that this order wasn't remote for the reasons specified in point 7.4.
3. Basket of purchases and design of the order
3.1 The basket of purchases of the Client is created after clicking of the button "in a basket".
3.2 The goods and their quantity which are in the Basket of purchases can be changed.
3.3 Depends on correctness and a correctness of the data completed with the Client, how fast and without noises the bought goods, and also preventing of additional expenditures on delivery will be delivered to the Client. After clicking of the Issue the Order button, the window with a delivery method choice is shown to the client. When the method and the address of delivery is specified, and the order is paid, the client can see the score for services in the heading "My Orders". The copy of the score automatically goes to the e-mail address specified in the order.
4. Payment of ordered goods
4.1 Payment of goods is made:
* the Translation (through Internet bank),
* Through a banking link of Swedbank or SEB,
* Other method convenient to the Client (in representative office of bank, via the payment terminal),
* B zapchasti.ee shop.
6. Delivery and transmission of goods
6.1 After a contract entrance to force based on point 1.5 the goods which arrived on the warehouse zapchasti.ee are delivered to the Client in time, specified when filling the order.
6.2 zapchasti.ee has the right to unilaterally prolong delivery time during execution of the order, having notified on it the client by e-mail and by phone. If zapchasti.ee prolonged period of execution of the order more, than once or for once it is more, than for 2 months, the client has the right to depart from the order. For retreat from the order the Client shall notify zapchasti.ee by e-mail or by phone. The advance payment will be returned on the settlement account of the Client within 7 working days after arrival of the appropriate announcement from the Client. zapchasti.ee isn't obliged to indemnify to the client the loss which arose in connection with retreat from the order.
6.3 After arrival of ordered goods on a warehouse and its subsequent sorting, the goods are delivered to the Client in in advance stipulated time to the address specified in the order.
6.4 zapchasti.ee delivers goods to the address specified in the order. In case of change of the address of delivery the Client is obliged to notify on this zapchasti.ee before delivery time. Late shift of the address of delivery can be connected to certain difficulties or additional expenses.
6.5 Depends on correctness and a correctness of the data completed with the Client, how fast and without noises the bought goods, and also preventing of additional expenditures on delivery will be delivered to the Client. zapchasti.ee doesn't bear responsibility for a time delay of delivery of goods and possible misunderstanding if these time delays and misunderstanding are a consequence of incorrect design by the Client of the order.
6.6 The goods are transferred to the Client based on accompanying documents. Before to accept goods and to confirm receiving goods with the signature on accompanying documents, it is recommended to examine goods attentively. In the presence of visible damages it is recommended not to accept goods. Having appended the signature on the accompanying document, the Client confirms that at the time of receiving the goods weren't damaged. If the goods are damaged, zapchasti.ee undertakes to exchange goods in the mildest period (to 7 working days).
6.7 If the contract provided delivery of goods, but the duty to deliver goods to the Client doesn't lie on zapchasti.ee, then the obligation for transmission of goods to the Client is considered executed in date of transmission of goods to carrier which is obliged to deliver goods from a destination point to the Client (The law on the debt right, § 209, p.4)
7. Cancellation of the order and return of goods
7.1 The client has the right after introduction of payment to void the order, having notified on this zapchasti.ee the appropriate announcement on the e-mail address info (at) zapchasti.ee. It is necessary to specify number of the score/order in statement. The advance payment will be returned to the Client on the settlement account within 14 calendar days after announcement arrival. The client has the right to void the order only if the order isn't transferred to execution yet. If the order is already transferred to execution, cancellation of the order is impossible.
7.2 zapchasti.ee incurs expenses on return of goods if the goods were damaged when transporting or if defects or spoilage couldn't be revealed in case of visual control of goods or if the goods don't correspond to the order because of zapchasti.ee.
7.3 If the returned goods were damaged owing to inexpedient operation of goods by the Client, alteration, incorrect installation and dismantling, and also because of negligent attitude to goods, zapchasti.ee reserves the right to reconsider and enumerate the cost of the returned goods, proceeding from a level of the put damages. In this case the difference between the amount paid for goods and the decreased cost of the damaged thing is calculated. If the Client doesn't agree with the recalculation connected to reduction of value of goods, he has the right to use the opinion of an independent expert. The expenditures connected to expertize will be equally partitioned between the Client and zapchasti.ee, except for cases when the line item of one of the sides is obviously unreasonable. In that case all expenses on expertize are incurred by that side whose line item will be unreasonable.
7.4 zapchasti.ee reserves the right to void the order if:
* the Client didn't make an advance payment according to the bill which is made out based on the order during the time specified in the score
* the ordered goods ended in a warehouse at the supplier, and the Client doesn't agree with the goods offered zapchasti.ee to changeover. The advance payment returns to the Client on the settlement account within 7 working days after arrival of the appropriate announcement.
7.5 zapchasti.ee has the right at any time to refuse execution of the order if owing to circumstances execution of the order is impossible or significantly complicated. zapchasti.ee immediately notifies the client on a failure from execution of the order by e-mail or by phone. Upon the demand of the client, zapchasti.ee undertakes to justify in writing a failure from execution of the order. In case of refusal from execution of the order, zapchasti.ee undertakes to return within 3 working days to the client the paid amount. In case of refusal from execution of the order of zapchasti.ee doesn't bear responsibility to the client or the third parties for the damage caused by a failure from execution of the order.
8. Warranty and order of return of goods
The warranty for cars affects new spare parts within 6 months, (if in the description of goods bigger period isn't specified), or 10 000 kilometers of a run (the kilometrage shall be recorded in the service book in case of installation of goods). The warranty affects goods for which the vendor set specific service life during such service life.
8.1 Guarantee period begins to be digitized with date of transmission of goods from zapchasti.ee to the Client. The warranty works for the first user of goods. In case of changeover of goods or a part initial period isn't prolonged.
8.2 If it is about production defect, then the Client has the right to require changeover of goods. The client has the right to require return of the money only if in the absence of suitable goods changeover can't be made during reasonable time. (VOS, 11.ptk., paragrahv 222(1)).
8.3 In case of detection of defects of goods, the Client undertakes to report about a problem to the e-mail address info (at) zapchasti.ee. The client is obliged to report about the found defect no later than 2 weeks from the moment of its detection and to show the defective goods. After this period the Client has no right to demand from zapchasti.ee of changeover of a necessary detail.
8.4 If the Client ordered incorrect goods because of zapchasti.ee, then exchange of goods can be made within 14 days. After this period of zapchasti.ee has the right not to exchange goods.
8.5 zapchasti.ee doesn't bear responsibility for:
* the damages of goods which arose on fault or negligence of the client;
* the defects which arose because of use of goods not to destination;
* natural wear of goods in case of normal use.
8.6 Warranty conditions concerning electronic devices:
* this detail is set in auto-representation.
* this detail is set in the firm specializing in it.
8.7 The warranty doesn't extend to electronic devices in the following cases:
* electronic devices weren't set in the firm specializing in it,
* the device is set in a workshop where there are no appropriate tools,
* the device is set by the person who isn't qualified in the field of electronics.
zapchasti.ee recommends to clients to be convinced of qualification of an installer before installation of goods and to require output of the document confirming the installation fact!
8.8 zapchasti.ee doesn't refund the additional expenses connected to changeover of the goods which became faulty during guaranty period (transport, mail expenses and тп.).
8.9 The goods are subject to exchange if:
* the original trade dress is saved,
* on goods traces of installation and operation aren't visible,
* original package pure is also not damaged.
8.10 The faulty goods concerning which compensating was paid don't return.
8.11 If the faulty goods aren't subject to changeover as a warranty, zapchasti.ee has the right to destroy goods after 30 days if the person which provided warranty requirements doesn't require return of goods within 14 calendar days.
9. Responsibility of the parties
9.1 In case of violation of points of the General conditions of zapchasti.ee bears responsibility to the Client, proceeding from cases and in the amount of, set by the legislation of the Republic of Estonia.
9.2 In case of violation of points of the General conditions the Client bears responsibility to zapchasti.ee, proceeding from cases and in the amount of, set by the legislation of the Republic of Estonia.
9.3 The sides are exempted from liability for complete or partial violation of the obligations assumed according to the General conditions if that was a consequence of force majeure circumstances, namely: natural disasters, epidemics, explosions, the fires and other force majeure if these circumstances directly influenced execution of the General conditions.
9.4 zapchasti.ee doesn't compensate moral damage which according to the Client can arise when changing delivery time, the prices and other conditions within operating General conditions.
9.5 zapchasti.ee doesn't compensate to the Client possible expenditures if the Client before the third parties undertook and violated obligations which can conflict to the main points of the General conditions.
9.6 zapchasti.ee doesn't compensate to the Client the unused opportunities which arose when changing delivery time, the prices, and also other conditions connected to changes of the General conditions.
9.7 The client bears responsibility for all transactions which are carried out with use of its user name and the password on the website zapchasti.ee.
9.8 The client bears responsibility for specifying of an incorrect code of the spare part, and, as a result, obtaining the unnecessary order.
10. Other conditions
10.1 zapchasti.ee uses personal data of the Client only for execution of the order. zapchasti.ee doesn't announce the personal data of the Client transferred by the Client for design of the order, to the third parties except for the cases set by the law. Communication between bank and the buyer is protected by the SSL protocol guaranteeing that strangers can't get access or change the transmitted data. Information between bank and the seller is protected by digital signatures.
10.2 zapchasti.ee reserves the right to notify the Client who opened the account of the regular customer on zapchasti.ee page and by that this the appropriate permission, on new goods, services and privileged sentences. The client has the right to require complete deleting personal data from a basis of clients of zapchasti ee.
10.3 Questions which aren't subject to regulation within the General conditions are regulated according to the current legislation of the Republic of Estonia taking into account original intentions of zapchasti.ee and the Client.
10.4 The disputes and disagreements which arose in the course of execution of the General conditions are solved by the mezhdustoronnikh of negotiations. If disagreements can't be eliminated by achievement of a compromise, each of the sides has the right to protect the rights in the order set by the current legislation of the Republic of Estonia (having addressed to Department on protection of a customer or to court).