Terms and Conditions of Galador Grupp Plc

Valid from October 2, 2023

1. The Seller is the private limited company Galador Grupp (registry code 11073019; located at Värvi 4, Tallinn 10621, Estonia; tel. +372 659 0488, email galador@galador.ee) that operates the www.galador.eu online shop.

2. A Buyer, or Customer, can be any natural person, who is at least 18 years of age, or any legal person, subject to confirmation of having read and accepted these Terms and Conditions prior to submitting an order. If the person who is placing the order is different from the person who pays for the order or from the person who receives the invoice for the order, the person paying for the order or receiving the invoice for the order shall be deemed to be the Buyer and the party to the contract of sale. The term ‘Buyer’ is used in these Terms and Conditions in the same meaning as ‘Consumer’.

3. These Terms and Conditions are an integral part of the contract of sale, which is concluded with the Buyer via the online shop and regulates the legal relationship between the Seller and the Buyer.

4. If a Buyer is a natural person who is under 18 years of age, the placing of the order via the online shop shall be construed as a confirmation that the respective contract with the Seller has been previously approved by the person’s legal representative according to law, or that the person will settle the contractual liabilities with funds received for that specific purpose or for unrestricted disposal from the legal representative or from a third party with the consent of the legal representative.

5. If the Buyer is a legal person, the Seller assumes that the person placing an order on behalf of the legal person has the required rights and authorisation for entering into the transaction. In case of doubt, the Seller has the right to suspend or cancel fulfilment of the order or to refuse releasing the goods until the Buyer submits a proof of the right of representation.

6. All prices displayed in the online shop are inclusive of value-added tax at the current rates applicable in the Republic of Estonia, as well as any other applicable national or municipal taxes.

7. The Buyer undertakes to use the online shop service in good faith and in accordance with the Seller’s Terms and Conditions. The Seller shall retain these Terms and Conditions together with the Buyer’s order in the Seller’s database. An order confirmation will be sent to the Buyer by email after the order is placed.

8. The Buyer is responsible for any costs associated with the procurement and maintenance of any equipment, software and data communications systems required for using the online shop or any products purchased from the shop, as well as for any other costs arising from the use of the online shop. The Buyer is liable for any damage caused to the Seller, to other users of the online shop or to third parties by the Buyer’s failure to comply with the Terms and Conditions, laws or generally accepted standards of behaviour when using the online shop.

9. The Seller has the right to suspend the fulfilment of an order and to cancel a submitted order if there are reasons to believe that the order was placed by a person with restricted active legal capacity without a prior consent of a legal representative, or the person does not have the required right of representation for placing the order, or there is other evidence indicating that the order was not placed in compliance with the principles of good faith and reasonability.

10. The Buyer agrees that, if unethical or criminal acts are discovered in the Buyer’s purchase behaviour or the Buyer misuses the right to withdraw from the contract of sale, the Seller is entitled to close the Buyer’s customer account and to refuse any future services to the Buyer.

11. Any matters not covered by these Terms and Conditions are governed by the applicable laws of the Republic of Estonia.

12. The contract between the Buyer and the Seller is subject to Estonian law. If the Buyer is an Estonian resident, any disputes arising from the contract shall be settled before Estonian courts. If the Buyer is a resident of another EU Member State, any disputes arising from the contract shall be settled in Estonia or before the courts of the EU Member State where the Buyer is a permanent resident or where the delivery address for the goods ordered by the Buyer is located. In all other cases, any disputes arising from the contract shall be settled before Estonian courts.

13. The Seller is offering webshop services only in Estonia unless agreed otherwise.

Online shop user account registration

14. Registration is not a precondition of making purchases in the online shop, but the Seller recommends that buyers create their own user accounts. To register, please click “REGISTER – SIGN IN” and enter your details in the respective fields. The selected username and password can then be used to sign into the online shop.

15. The Seller only accepts orders via the online shop platform, by email, or locally in the offices. Orders submitted in any other way will not be fulfilled.

Information about ordering

16. Product descriptions include the following information:

    1. Product name;

    2. Product code;

    3. Availability;

    4. Manufacturer’s warranty period (for more details, see the Warranty Information page);

    5. Price (per piece, net and inclusive of VAT);

    6. Image (used for illustrative purposes and may differ from the actual product);

    7. Technical information (if available to the Seller);

    8. “New” (for products added in the past week).

17. Additional options on a product page:

    1. Additional information query (an option to ask for more information about the product by submitting a question and details of the person asking);

    2. Add to shopping cart;

    3. Add to watch list.

18. Explanation of notes on product availability:

    1. “In stock” (the product is available at the Seller’s office);

    2. “Delivery in 1-3 BD” (the product can be shipped from the importer’s warehouse to the Seller’s office in 1-3 business days, after which the Seller can deliver the product to the Buyer);

    3. “Delivery in 10, 14, etc. BD” (the product can be shipped from the importer’s warehouse to the Seller’s office in the respective number of business days, after which the Seller can deliver the product to the Buyer);

    4. “Out of stock” (the product is currently unavailable for ordering, as the importer has run out of stock and the delivery period is unknown).

Ostukorv

19. The shopping cart provides the Buyer with the following information:

    1. Description of selected product;

    2. Product code;

    3. Unit price;

    4. Quantity (quantities can be modified by pressing the ‘plus’ or ιminus’ buttons or by clicking on the number and entering the desired quantity in the pop-up field);

    5. Row total (depending on the quantity entered);

    6. Sum total, indicating the total price of the shopping cart (net and inclusive of VAT);

    7. Note on the addition of the handling fee for small orders pursuant to clause 26, if applicable.

Watch list

20. To use the watch list, please enter an email address where you would like to receive notifications about changes in the status of products added to the watch list.

21. The watch list helps you monitor the status of products in the online shop in two cases:

    1. If a product is not in stock and you would like to be notified when it is restocked (the system will send an email to the watch list user when the product is again available for ordering);

    2. If a product is in stock but, instead of buying it straight away, you would like to monitor price developments (the system will send an email to the watch list user when the product price changes).

22. The list of watched products can be found under the “Account” section. The “Watch list” is located in the menu on the left.

Completing a purchase

23. If you are satisfied with the contents of the shopping cart and would like to buy them, you can place an order by pressing &8220;Confirm and pay”.

24. To place an order, select a suitable delivery option, enter your address and choose a preferred payment method. Online shop payments can be made via a bank link or a bank transfer. Payments in cash, as well as debit/credit card payments, can be made at our offices. The contract of sale shall be deemed effective after the Buyer has paid for the contents of the order and the party to the contract of sale shall be the person who paid for the order. The Seller is not required to start fulfilling the order before payment for the order is received from the Buyer. By placing an order for a product that consist of digital content, the Buyer consents to the start of transfer of the product and, if the Buyer is a consumer, acknowledges the lack of the 14-day withdrawal right.

25. The following information is displayed when an order is placed::

    1. Details of the customer;

    2. Price of the shopping cart;

    3. Delivery method (options include collection from the office or using a courier service or a parcel terminal) and possible restrictions, if any.

    4. Payment method (the bank link service is available to the customers of the following banks: Swedbank, SEB, Luminor, Coop Pank, and LHV Pank);

    5. Comments on the order (you can add a comment if it is relevant for the fulfilment of the order);

    6. Delivery address (you can modify the existing address by pressing „Select another address”

    7. If everything is to your liking, please confirm that you have read the Terms and Conditions and press “Continue”.

26. Small orders, with the shopping cart total amounting to less than €30 (incl. VAT), are subject to an addition of a €3 (incl. VAT) handling fee.

27. Legal persons have the option to order products on the basis of a pro-forma invoice or to complete the purchase by making the payment via an online bank. The pro-forma invoice will be sent by email. After the Buyer has paid for the order via an online bank or on the basis of a pro-forma invoice, the Seller will order the products, which will be shipped to the Buyer by a courier, delivered to a parcel terminal, or made available for collection at the Seller’s office, depending on the Buyer’s preferences. The actual invoice will be delivered with the goods. If the person receiving the goods is not able to present a proof of identity or right of representation, the Seller is not required to hand over the ordered goods.

28. The Seller confirms receipt of an order by email. Furthermore, in the course of fulfilling the order, the Seller informs the Buyer about the approximate date of arrival of the goods. This date cannot be interpreted as a binding term of delivery because the date of arrival can change due to circumstances beyond the Seller’s control.

29. If a legal person has not paid for an order (in case of invoices, within 1 business day from placing the order, unless specified otherwise by the Seller), the contract of sale is considered null and void and the Seller shall automatically cancel the order.

30. If payment via an online bank fails, the Buyer can make another payment attempt within 1 business day by visiting the order history page.

Account

31. The “Account” section includes the following information:

    1. Profile (details of the online shop user);

    2. Addresses (general and delivery addresses);

    3. Watch list;

    4. Order history (this enables you to view your past orders).

Delivery

32. The goods will be delivered by a courier service to the delivery address specified by the Buyer or to the Buyer’s preferred parcel terminal. The goods will be delivered to the Buyer via a courier service by the following business day if the Buyer has selected this delivery method and the goods are in stock. In other cases, they will be generally delivered to the Buyer via a courier service or a parcel terminal within 3 business days from the date of arrival in the Seller’s office. The Seller has the right to use a different courier or parcel terminal service from the one selected by the Buyer if the alternative service enables faster delivery of the goods to the Buyer or the Buyer’s preferred parcel terminal cannot be used for delivery due to the size of the goods. No shipping charges will be added to the order for delivery addresses within Estonia unless the Buyer opts for a courier service to deliver large goods (weighing over 5 kg or with the total length of the longest side and bottom exceeding 2m, with the length of the longest side not exceeding 1.5m) beyond the entrance (i.e., the first door, gate or barrier) of the Buyer’s premises. In this case, the Buyer should make a separate request to that effect and the Seller has the right to charge an additional fee. In the absence of a lift, the goods will be delivered up to the fifth floor. For the purposes of pricing, goods will be weighed and measured by the Seller.

33. The courier service includes delivery of the goods to the delivery address specified by the Buyer. Small goods will be delivered by the courier to the door of the Buyer inside the premises. Large goods (weighing over 5 kg or with the total length of the longest side and bottom exceeding 2m, with the length of the longest side not exceeding 1.5m) will be delivered by the courier to the the entrance (i.e., the first door, gate or barrier) at the delivery address specified by the Buyer, i.e., the courier is not required to deliver the goods beyond the entrance. If the Buyer would like large goods to be delivered beyond the entrance, to the door of the Buyer inside the premises at the delivery address specified by the Buyer, the Buyer shall make a separate request to that effect and pay for the service according to the applicable price list of the Seller or the Seller’s cooperation partner. In the absence of a lift, the goods will be delivered up to the fifth floor. For the purposes of pricing, goods will be weighed and measured by the Seller or the Seller’s cooperation partner.

34. If the goods cannot be delivered for reasons beyond the courier’s control or if the Buyer does not collect the goods from a parcel terminal within the term specified by the provider of the parcel terminal service, the goods will be returned to the Seller and the costs will be charged to the Buyer. In this case, subject to receiving respective request, the Buyer shall reimburse the Seller for the cost of delivery and return of the goods between €5 and €25 (depending on actual costs). The Seller has the right to net the respective claim off against the Buyer’s claims against the Seller or to refuse a repeat shipment of the goods until the claim is settled. If goods have been returned to the Seller, the Buyer can collect them from the Seller’s office or request the Seller to repeat the delivery via a courier or parcel terminal service to the delivery address or parcel terminal specified by the Buyer, in which case the Buyer shall pay the Seller €5 to cover the delivery costs.

35. The Buyer can opt to collect the goods from the Seller office. In this case, the respective option must be selected when placing the order. The Buyer will be notified by email about arrival of the goods at the Seller’s office. The Buyer undertakes to collect the goods from the Seller’s office within 10 days from receiving the notice, or to inform the Seller before expiry of this term of a temporary inability to meet this obligation, the relevant reasons, and a suitable new date for collecting the goods. The Buyer can also submit a notice on the appointment of a representative who will collect the goods on behalf of the Buyer. A notice on the appointment of a representative must include a handwritten or digital signature. If the Buyer fails to collect the goods within the established term without notifying the Seller in advance, the Seller will have the right to claim compensation for storing the goods. The Seller establishes the amount of compensation based on the weight, size and price of the goods in question, as well as the required storage conditions, but the rate of compensation shall, in all cases, be at least €2.5/day. The Seller shall inform the Buyer within a reasonable period of time of the compensation claim and the daily compensation rate. If the Buyer still does not collect the goods within three months from the date of the first email notification, the Buyer shall lose the right to demand delivery of the goods and to pursue legal remedies. In this case, the Seller will have the right to resell the goods.

36. It is important to take note of the delivery period specified under product information in the online shop, because delivery from certain warehouses can take more than 3 business days. If a delivery is delayed due to reasons beyond the Seller’s control (e.g., the stocks have run out, the courier or the parcel terminal company experiences unexpected problems, etc.), the Seller’s office will contact the Buyer to explain the situation and time periods.

37. A natural person or a representative of a legal person can collect the goods after presenting an identity document. In case of doubt, the Seller’s employees have the right to verify the existence of the right of representation of the person who receives the goods.

38. On receiving the goods, the Buyer is responsible for verifying that the product packaging is the same as stated on the order and on the consignment note, and for checking the product packaging for any defects that are visible before opening. The Buyer shall immediately notify the courier of any defects visible on the packaging.

39. The Buyer shall open the product packaging within 2 days from receipt and verify that the quantities and contents of the goods conform to the order and the consignment note and that there are no visible defects on the goods.

40. If the Buyer discovers a defect on the product packaging or after opening the packaging (e.g., with regard to quantities, contents or other visible characteristics), the Buyer shall record the condition (e.g., by taking a photo) and send a notice to the Seller as specified in clause 50, including any relevant attachments (e.g., photos). From the moment of detecting the defect, the Buyer shall suspend the use, assembly or opening of the goods or any similar activity, and shall ensure preservation of the goods and package.

Consumer’s right of withdrawal

41. The Buyer (Consumer) has the right to withdraw from the underlying contract of sale within 14 calendar days from receipt of the product as proven by the Buyer’s signature on a consignment or delivery note, which includes the date of receipt. To withdraw from the contract of sale, the Buyer must submit to the Seller an application of withdrawal (the standard form is available here), specifying whether the Buyer prefers to receive a refund of the purchase price from the Seller or to replace the purchased product with another product offered by the Seller.

42. The Buyer shall not have the right to rely in the consumer’s withdrawal right to withdraw from the contract of sale after paying for a product if:

    1. The consumer entered into the contract of sale on the business premises of the Seller;

    2. The product is a unique item, produced according to the Buyer’s specification or ordered by the Seller specifically for that Buyer, based on the Buyer’s individual needs, which precludes the possibility of selling the item to third parties;

    3. The product consists of computer software, video games, audio and video recordings and similar products and the Buyer has opened the product package;

    4. The product consists of transmission of digital content without using delivery on a physical data medium;

    5. The products are not suitable for return and sale to other consumers due to health or sanitary considerations after the packaging has been opened (e.g., shavers, weights, headphones, epilators, toothbrushes, massage equipment, etc.), or products show clear signs of use, the removal of which would require excessive cleaning and disinfection procedures to ensure that the products meet health and sanitary requirements;

    6. It concerns products or services, which are subject to legislative restrictions on the right of withdrawal (§53 (4) of the Law of Obligations Act); or

    7. The use of the right of withdrawal would be in conflict with the purpose of the regulation of the consumer’s withdrawal right or with the principle of good faith.

43. Before or after filing a request for withdrawal, the Buyer does not have the right to try out any products purchased from the online shop in any other manner that would be possible in a regular sales room of a business operating in the same field as the Seller.

44. If the Buyer withdraws from the contract of sale, the Seller shall refund the amount paid for the product to the Buyer, unless requested otherwise by the Buyer. The Seller shall transfer the payment for a returned product to the Buyer’s bank account within 14 calendar days from the date of receiving the withdrawal request, on the condition that the Buyer has returned the product to the Seller or has submitted proof that the product has been dispatched to the Seller, and there are no grounds for reducing or netting off the amount of refund to the Buyer. Any other expenses of the Buyer (e.g., bank charges, interests, etc.) shall not be refunded by the Seller. If the Buyer believes that a product is defective, the Buyer shall notify the Seller thereof in the withdrawal request and shall make a record of the defect (e.g., by taking a photo) before returning the product.

45. The product returned by the Buyer must be complete (include all the items contained in the original product package, incl. accessories and their respective packages). If the product was part of a campaign offer, which included additional products, the Buyer shall return the complete offer package, i.e., the product in question as well as any added goods. The returned product must be unused. For the purposes of this clause, ‘use’ shall not include inspection of the nature, properties or functionality of the product in a manner, which would be acceptable in a regular sales room of a business operating in the same field as the Seller, provided that it does not leave the product with clearly visible signs of use that would be excessively difficult to remove. The original packaging of the returned product may not be damaged and must be suitable for sale.

46. If a product (and/or product packaging) returned by the Buyer has deteriorated or is damaged due to having been used in a manner beyond what is normally acceptable in a sales room for the purpose of inspecting the nature, properties or functionality of the product, the Seller shall have the right to net off the reduction in the value of the product against the amount of refund payable to the Buyer. The netting off is initiated by the Seller sending a netting off notice to the Buyer’s email address specified during the order process. If the Buyer does not agree with the amount of decrease in the value as specified in the netting off notice or in a compensation claim submitted to the Buyer, the Buyer has the right to employ an independent expert to determine the decrease in the value of the product. The costs of the expert assessment shall be divided equally between the Buyer and the Seller, unless the expert assessment indicates that one party has put forward a clearly unjustified argument. In this case, the costs of the expert assessment shall be borne by the party whose argument was unjustified.

47. When using the consumer’s right of withdrawal, the Buyer shall return the product to the Seller’s office in Tallinn (Värvi 4, Tallinn 10621, Estonia) as soon as possible but not later than within 14 calendar days from submission of the withdrawal request. If the product is returned by using a postal or courier service, the Buyer shall select a service provider capable of completing the assignment within a reasonable period of time. The reasonable period of time shall be defined by the parties as a period of 7 calendar days. Sending a returned product in any other manner or to a destination other than the Seller’s office in Tallinn shall be construed as a breach of the return obligation, in which case the Buyer shall pay the Seller a contractual penalty of €10. In case of failure to return the product within the established term, the Buyer shall pay the Seller a contractual penalty amounting to 15% of the product price. If a returned product is not actually delivered to the Seller within 60 calendar days from submission of the withdrawal request, the Buyer shall pay the Seller an additional contractual penalty amounting to 50% of the product price. The Seller shall have the right to net off any contractual penalty claims against the amount of refund payable to the Buyer.

48. If the Buyer withdraws from the contract of sale using the 14-day withdrawal period, the Buyer shall bear any direct costs related to the product return (incl. shipping and postal charges).

49. Only a consumer (i.e., a natural person who enters into transaction that is not related to independent economic or professional activity) can exercise the consumer’s right of withdrawal to cancel a contract of sale.

Seller’s right of withdrawal

50. The Seller has a right to withdraw from a contract of sale with the Buyer if, due to a technical error, the price displayed in the online shop has become unreasonably low compared to the regular market price of the respective product and the Seller has not specifically indicated that this is a special price established for this product and the Seller has not shipped/delivered the product to the Buyer. The Seller has the right to withdraw from such contract of sale within 5 business days from becoming aware of the contract of sale, which includes an incorrect selling price, by submitting a respective notice to the Buyer. In case of withdrawal from the contract of sale, the Seller shall refund the paid price of the product and any transportation costs to the Buyer within 10 calendar days. Any other expenses of the Buyer (e.g., bank charges, interests, handling fees, etc.) shall not be refunded by the Seller.

Non-conformity of goods

51. Advice on the suitability of a product for intended use can be requested in the Seller’s offices, on the Seller’s general telephone number +372 659 0488 or by sending an email to galador@galador.ee. If the suitability of a product is not verified before placing an order with the Seller, the Seller shall not be responsible for unsuitability of the product for the Buyer’s purposes or for any related losses of the Buyer. The Buyer is responsible for supplying evidence that the suitability of the product has been verified with the Seller.

52. The Seller is liable for any non-conformities of the product with the terms and conditions of the contract if the non-conformity is discovered within 2 years from the delivery of the product, on the condition that the respective non-conformity existed at the moment of product delivery. In addition, a product can be subject to the manufacturer’s warranty against defects; information on the existence and period of the manufacturer’s warranty is provided separately under respective product information. The exact terms and conditions of the warranty against defects are specified on the warranty information sheet.

53. In case of potential non-conformity of a product, the Buyer shall have the right to pursue any applicable legal remedies and submit a complaint to the Consumer Disputes Committee at the Consumer Protection Board that is competent to resolve any disputes arising from a contract between the Buyer and the Seller, which cannot be resolved by the parties through negotiations, on the condition that the value of the disputed product or service is at least €20. The review of a complaint in the Consumer Disputes Committee is free of charge for the parties. In addition to the aforementioned remedies, the Buyer can use the Online Dispute Resolution website of the European Union to resolve any disputes related to purchases made via the online shop. The aforementioned platform is available at: https://ec.europa.eu/odr.

54. Without prejudice to the Buyer’s other notification obligations arising from clauses 37-39, the Buyer shall notify the Seller of a non-conformity of a product within 2 months from discovering the non-conformity. If the Buyer has purchased the product for economic or professional activities, the Buyer shall notify the Seller of the non-conformity within 2 business days from the moment the Buyer discovered or would have been expected to discover the non-conformity. All aforementioned notices shall be submitted at least in a format, which can be reproduced in writing, and shall include the name and contact details of the person submitting the notice, the date of submission, the date of discovery of product non-conformity, a description of the non-conformity and the way it was discovered, and a reference to a proof of purchase (e.g., invoice). Any subsequent complaints shall be rejected. In case of a breach of the notification obligation, the Buyer shall lose the right of withdrawal and cannot use any other legal remedies against the Seller in relation to the non-conformity of the goods.

55. In case of a defective product, the Buyer has the right to request from the Seller, free of charge, either the repair of the product or replacement with a non-defective product or, in case of a product consisting of digital contents, other measures ensuring that the product is brought in conformity with the terms and conditions of the contract; it is assumed that repairing the product free of charge is the least burdening measure on the Seller. The Buyer may withdraw from the contract of sale, on the condition that the Seller is unable to repair or replace the product or otherwise ensure that the product is brought in conformity with the terms and conditions of the contract, or the repair would cause unreasonable expenses, or the repair attempt fails or is not completed within a reasonable period of time (considering, inter alia, the time required for delivery and testing of the product).

56. In order to have a defective product repaired or replaced, the Buyer shall, at its own expense, safely package the product to enable it to be transported, at the Seller’s expense, to an authorised service establishment. Neither party shall request the other to incur unreasonable expenses or compensation in connection with the above.

57. A Buyer engaged in economic or professional activities (incl. a natural person who buys the goods for their economic or professional activities, a self-employed person, etc.) has the right to withdraw from the underlying contract of sale only in cases specified by laws, which are applicable to withdrawal from contracts of sale in economic or professional activities. Before withdrawing from the contract of sale, the Buyer engaged in economic or professional activities shall submit to the Seller evidence of the existence of circumstances, which justify the withdrawal. In case of a valid withdrawal from a contract of sale, the Seller shall refund any amounts received under the contract of sale within 30 calendar days, but not before the object of the contract of sale is returned to the Seller (the respective procedure is specified in clause 45). If the withdrawal from the contract of sale occurs before the object of contract is delivered to the Buyer, the Seller shall have the right to request from the Buyer engaged in economic or professional activities a contractual penalty amounting to 25% of the price of the contract and net it off against the amount of refund.

58. The Seller is not liable for any damages caused by defective products, such as damage to property or information, loss of sales or profit. The Seller’s liability under the contract of sale is limited to the value of the product, unless specified otherwise by laws.

Information provided in the online shop

59. The Seller makes every effort to ensure that the information on the Seller’s website is accurate and updated. The Seller reserves the right to modify, supplement and amend the information on the website, as well as to remove some parts or all information from the website.

60. The Seller reserves the right to adjust prices as required without notifying potential buyers in advance. The price changes shall not have a retroactive effect on orders, which have been paid but have not yet been delivered. The prices displayed in the Seller’s online shop may differ from the prices of product samples in the office. In such cases, the price displayed in the Seller’s office is considered valid.

61. In case of suspected inadequacy of the information provided in the online shop, the Buyer is advised to contact the Seller and request additional explanations to eliminate any doubt before placing an order.

62. The Seller is not responsible for the accuracy of orders placed through other online shopping platforms (such as Hinnavaatlus).

If you have any questions, please email us at galador@galador.ee or call +372 659 0488.