GENERAL TERMS AND CONDITIONS OF SALE
(“Terms and Conditions”)
These Terms and Conditions govern the sale of goods by the Seller to consumers within the European Union. By placing an order or using the Seller’s Website, you agree to be bound by these Terms and Conditions.
1. Limitation of Liability
1.1 General Liability
The Seller shall be liable to you only for:
a) the purchase price of the goods purchased; and
b) direct and proven losses resulting from the Seller’s breach of contractual or statutory obligations, provided such losses were reasonably foreseeable at the time of conclusion of the contract.
1.2 Exclusions of Liability
To the extent permitted under applicable EU and Estonian law, the Seller shall not be liable for:
a) loss of income, business, profit or revenue;
b) loss of business opportunities, goodwill or reputation;
c) any indirect or consequential loss;
d) wasted management or office time.
1.3 Non-Excludable Liability
Nothing in these Terms and Conditions shall exclude or limit the Seller’s liability for:
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) liability for defective products under applicable EU product liability legislation;
d) failure to supply goods that conform with mandatory consumer rights under EU and Estonian law;
e) any other liability which cannot be excluded or limited under applicable law.
1.4 Digital and Website Security
Although the Seller implements industry-standard protection against malicious software, the Seller does not warrant that the Website is free from viruses, malware or other harmful technological elements.
2. Force Majeure (Events Outside Our Control)
2.1 Definition
A “Force Majeure Event” means any event or circumstance beyond the Seller’s reasonable control, including but not limited to:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riots, terrorist acts or war;
c) fire, explosion, flood, storm, earthquake or other natural disaster;
d) epidemic or pandemic;
e) interruption of transport systems;
f) failure of telecommunications networks;
g) governmental acts, restrictions or regulations.
2.2 Consequences of Force Majeure
During the continuance of a Force Majeure Event:
a) the Seller’s obligations shall be suspended;
b) the time for performance shall be extended for the period of the delay;
c) the Seller will take reasonable steps to end the event or find alternative ways to fulfil its obligations;
d) if performance becomes impossible, the Seller shall refund any payments received for undelivered goods or services.
2.3 Operational Adjustments
In accordance with public health regulations or governmental directives, the Seller may temporarily modify in-store return or exchange procedures. Information regarding such measures shall be provided in-store where applicable.
3. Electronic Communications
By accessing the Website, you consent to receiving communications electronically. All contracts, notices and other communications provided electronically shall satisfy any legal requirement for written form, insofar as permitted under EU and Estonian law.
4. Intellectual Property Rights
4.1 Ownership
All intellectual property rights in the Website, its content, images, text, software and other materials are owned by or licensed to the Seller.
4.2 Restrictions
Except where permitted by mandatory law, you may not:
a) reproduce, copy, distribute, modify or republish Website content;
b) download or store content for any purpose other than personal use;
c) use any part of the Website for commercial purposes without prior written consent of the Seller.
5. Safety Notice
5.1 General Warning
Physical activities may involve risks. Selecting, maintaining and using equipment requires appropriate knowledge and skill.
5.2 Customer Responsibility
You should:
a) seek advice from qualified professionals regarding equipment selection;
b) follow all manufacturer instructions;
c) inspect equipment before use;
d) maintain equipment in proper working condition.
5.3 Liability
The Seller shall not be liable for injuries resulting from improper use, insufficient training or failure to follow safety instructions, except where such liability cannot legally be excluded.
6. WEEE Compliance (Waste Electrical and Electronic Equipment)
6.1 Directive Obligations
The Seller complies with the EU WEEE Directive requiring producers and retailers to finance the collection, treatment and recycling of electrical and electronic waste.
6.2 Take-Back Scheme
When purchasing a new electrical or electronic product, the Seller offers free take-back of equivalent waste equipment (“like-for-like”). Products marked with the crossed-out wheeled bin symbol must not be disposed of as household waste.
6.3 Customer Return Conditions
Customers may return equivalent WEEE items within 14 days of receiving a new item.
7. Amendments to the Terms and Conditions
7.1 Right to Amend
The Seller may revise these Terms and Conditions from time to time.
7.2 Applicability
The Terms and Conditions in effect at the time of your order shall apply, unless:
a) the changes are required by law or governmental authority (in which case they may apply to existing orders); or
b) changes are communicated before order acceptance, in which case you are deemed to accept them unless you notify the Seller within seven (7) working days of receiving the goods.
8. Governing Law and Jurisdiction
8.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Estonia, without prejudice to mandatory consumer protection rules in your EU country of residence.
8.2 Jurisdiction
Disputes shall be subject to the jurisdiction of the courts of Estonia, unless EU law grants you the right to bring a claim in the courts of your country of residence.
8.3 Consumer Rights
Nothing in these Terms and Conditions affects your statutory consumer rights under EU and national legislation.