This Terms of Service document outlines Our sales policies and procedures, and informs You of Our rights and responsibilities as a Seller, as well as Your rights and responsibilities as a Buyer, and how the law protects You.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
Agreement - means a purchase and sale agreement for the relevant goods and/or services entered into between the Parties, which shall be deemed to be entered into upon payment of the Order.
Buyer - means a legal entity.
Order - means an order specifying the goods and/or services that the Buyer wishes to purchase.
Parties - means the Buyer and the Seller collectively.
Personal Data - is any information that relates to an identified or identifiable individual.
Privacy Policy - means a document adopted by Us that sets out the basic rules for the collection, storage, processing and protection of Personal Data when using Our Website.
Seller - (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to dem-on, Ltd., Puru Tee 18b, Jõhvi, 41534. We are responsible for the execution of the order placed by the Buyer.
Terms - means these Terms of Service, which apply to each Agreement entered into between the Parties.
Website - refers to dem-on, accessible from https://www.dem-on.eu
2.1 The Buyer confirms that they have read the Terms by checking the box marked "I have read and agree to the Terms of Service and Privacy Policy". The Terms, thus accepted, are a legally binding document for the Parties, setting forth the rights and obligations of the Buyer and the Seller, the terms of purchase of goods or services and payment therefor, the procedures for delivery and return of goods, the liability of the parties, and other terms related to the purchase of goods or services from Us.
2.2 Only Buyers (legal entities) who have accepted the Terms and confirmed that they have read the Privacy Policy are authorized to place orders and, consequently, make purchases on the Website.
2.3 In the event of changes in market conditions or in the presence of circumstances provided for in the legal acts of the Republic of Estonia, We have the right to modify, correct and supplement the Terms. Buyers will be informed of this in a letter with an attached invoice. However, in all cases after the Terms have been updated, the Buyer may enter into an Agreement with Us only if they have read and confirmed the Terms in the new version.
3.1 The Buyer sends their Personal Data and information about the desired goods and/or services to the Seller on the Website’s homepage.
3.2 The Seller processes the received information. To clarify information, the Seller contacts the Buyer.
3.3 The Seller sends an invoice to the email address specified by the Buyer with the final price of the ordered goods and/or services, including shipping and VAT.
3.4 Upon payment of the Order, a purchase and sale Agreement is deemed to have been concluded between the Seller and the Buyer. The Buyer shall be notified of the payment confirmation by an email sent to the email address provided by the Buyer. The Seller shall send the Buyer a link to the current Terms and Conditions along with the order confirmation to the email address provided by the Buyer.
3.5 Instructions for the ordered Product in Estonian shall be provided to the Buyer no later than at the time of delivery of the Product to the email address provided by the Buyer.
3.6 Each Order of the Buyer shall be stored in Our database in accordance with the Privacy Policy.
4.1 The Buyer has the right to order goods and services on the Website in accordance with these Terms.
4.2 The Buyer has the right to cancel an order in accordance with these Terms.
4.3 The Buyer has the right to terminate the Agreement in accordance with these Terms.
4.4 The Buyer has the right to replace or return purchased goods in accordance with these Terms.
4.5 The Buyer has other rights as set forth in these Terms, the Privacy Policy, and the laws of the Republic of Estonia.
5.1 The Buyer is obliged to fulfill its obligations, to comply with these Terms, the Privacy Policy, other terms clearly stated on the Website, and to comply with the laws of the Republic of Estonia.
5.2 The Buyer is obliged to accept the ordered goods and/or services in accordance with these Terms.
6.1 If there are any ambiguities regarding the information provided in the order, the Seller has the right to contact the Buyer using the contact information provided in the order. The Buyer's order may be canceled without prior notice if the Seller is unable to contact the Buyer within 2 (two) business days of placing the order, or if the Buyer fails to provide the Seller with the requested information within the time period specified by the Seller, or if the Buyer does not provide the Seller with consent to process their Personal Data.
7.1 The Seller undertakes to fulfill the Buyer's orders in accordance with these Terms and to communicate with the Buyer using the contact information provided by the Buyer.
7.2 The Seller undertakes to provide the Buyer with clear and understandable information on the Website as required by the laws of the Republic of Estonia.
7.3 The Seller undertakes to respect the Buyer's privacy, to process the Buyer's Personal Data only in accordance with these Terms, the Privacy Policy, and the laws of the Republic of Estonia and the European Union.
7.4 Guided by these Terms, the Seller undertakes to deliver the goods ordered by the Buyer and to accept the goods returned by the Buyer.
7.5 In exceptional cases, in the presence of objectively justified circumstances that the Seller could not have foreseen or controlled, the delivery of goods or the provision of services may be delayed or become impossible. In this case, the Seller undertakes to contact the Buyer immediately regarding the possibilities for further fulfillment of the order. The Seller may offer the Buyer a similar or analogous good or service from another supplier, informing the Buyer thereof by one of the contact details provided by the Buyer (by phone, SMS or email). If the Buyer does not agree to the replacement of the good or service with a similar or analogous good or service, the Seller undertakes to promptly return the money paid by the Buyer no later than within 5 (five) business days, and to cancel the order.
7.6 If the Seller does not agree with the Buyer's claims, the Seller is obligated to provide a comprehensive written response with reasons within 14 (fourteen) calendar days from the date of receipt of the Buyer's claim, unless otherwise stipulated by the laws of the Republic of Estonia or the European Union.
7.7 The Seller undertakes to fulfill any other obligations imposed on the Seller by these Terms and Conditions and by the laws of the Republic of Estonia.
8.1 Prices for goods and services shall be indicated on the invoice in euros, inclusive of the Value Added Tax (VAT) rate applicable at the time in accordance with the relevant legislation, as well as any other taxes that may apply.
8.2 Payment for ordered goods and services can be made by the Buyer using the following method(s): bank transfer. The specific payment methods available for a particular order may be limited, and the final list of accepted payment methods will be detailed within the order confirmation.
8.3 An order for goods or services shall be confirmed upon the Seller’s receipt of payment for the goods or services or upon receipt of confirmation of financing for the purchase.
8.4 By confirming these Terms, the Buyer agrees that the documents for the purchase of goods and/or services - VAT invoices, which also serve as documents for the warranty applicable to the goods and services, may be provided to him physically together with the goods and services or electronically to the email address specified in the Buyer's order form, immediately after the order is fulfilled. The VAT invoices shall indicate the Seller's details, the selected goods and/or services, their quantity, any discounts provided, the final price for the goods and/or services, including all taxes, and other necessary data as approved by the legal acts governing accounting.
8.5 The price of goods and services may only be changed after the Seller has confirmed the order in exceptional cases due to significant objective reasons beyond the Seller's control (provided there is evidence to confirm these reasons). If the reasons for the price change are justified, and in such a case, the Buyer does not agree to purchase the goods or services at the new price, the Buyer may cancel the order by notifying the Seller within 2 (two) business days using the contact information specified on the Website. In the event of order cancellation in accordance with this clause, the Seller shall return to the Buyer all sums paid by him for such canceled order. The validity of the reasons for the price change is assessed in each specific case.
9.1 When ordering goods and/or services, the Buyer may specify their preferred delivery method and time for the goods or service in the "Product or service description" field. This will be taken into account by Us when processing the order.
9.2 If the Buyer selects home delivery when placing an order, the Buyer must provide an accurate delivery address and personally accept the goods. Upon receipt of the goods, the Buyer must present a valid identification document (such as a personal identification card, passport, or new-style driver's license). If the Buyer does not personally accept the goods, even though they have been delivered to the address provided by the Buyer, the Seller has the right to deliver the goods to another person at the specified address. In such a case, the Buyer shall have no right to make any claims against the Seller regarding the delivery of the goods to an unauthorized person.
9.3 Delivery and carrying services for goods are ordered separately before payment for the Order. The Buyer pays for the delivery and carrying services for the goods. In certain cases specified by the Seller, the Seller pays for the delivery and carrying services for the goods.
9.4 If the Buyer selects delivery to a parcel locker or self-service parcel terminal when placing an order, the Buyer must collect the parcel from the third-party parcel locker in accordance with the terms set by the providers of these parcel locker services, about which the Buyer is informed by the third party by electronic means during the order fulfillment process. Please also note that goods weighing more than 30 kg cannot be delivered to parcel lockers or self-service parcel terminals.
9.5 In exceptional cases, the delivery of goods or the provision of services may be delayed due to unforeseen circumstances beyond the Seller's control, which the Seller could not reasonably foresee at the time of the conclusion of the Agreement. In such a case, the Seller shall immediately contact the Buyer to agree on new delivery terms and other conditions.
9.6 The provision of services may be subject to the terms and conditions of the service provider, such as at a specific address and at a specific time, which is agreed upon prior to the conclusion of the Agreement. The possibility of changing the time and/or place of service provision is also discussed prior to the conclusion of the Agreement.
9.7 If, pursuant to clauses 9.2-9.6 of these Terms, the Buyer does not collect the goods or does not utilize services within the specified period, or if it is impossible to deliver the goods to the Buyer, and the Buyer has paid for the goods or services and their delivery, representatives will contact the Buyer regarding a different delivery time and/or method. If the Buyer still does not collect the goods or does not utilize services, or if it is impossible to deliver them, such goods will be returned to the Seller, the order will be canceled, and the Buyer will be refunded the amount paid for the goods or services, minus any bank fees applicable to the Seller for executed bank transfers and the delivery fee, if applicable.
9.8 The Seller shall not be liable for any failure to meet delivery deadlines for goods and/or services if the goods and/or services are not delivered to the Buyer or are delivered late due to the fault of third parties not affiliated with the Seller and/or independent of the Seller, or due to circumstances beyond the Seller's control.
9.9 Upon delivery of the goods, the Buyer is obligated to inspect the condition of the parcel and the goods together with the courier or their authorized representative and sign a delivery receipt. Once the Buyer has signed the delivery receipt, it is considered that the goods have been transferred in proper condition, without damage, where the cause of such damage is not a manufacturing defect, and that there are no discrepancies in the completeness of the goods (which can be established during a visual inspection of the goods). If the Buyer notices that the packaging of the goods is damaged (it is dented, wet, or otherwise externally damaged), the goods are damaged, and/or the goods have incomplete packaging, the Buyer must note this on the delivery receipt and, with the participation of the courier, draw up an act of damage/discrepancies of the parcel and/or goods in free form. If the Buyer fails to perform these actions, the Seller is relieved of liability for damage to the goods, where the cause of such damage is not a manufacturing defect, as well as for discrepancies in the completeness of the goods only if such discrepancies can be established during a visual inspection of the goods.
9.10 The risk of accidental loss or damage to the goods shall pass to the Buyer from the moment the goods are handed over to the Buyer.
9.11 If more than one item is ordered, they may be delivered at different times, as they may be shipped from different warehouses and may have different shipping restrictions.
9.12 If more than one service is ordered, they may be provided at different times regardless of the circumstances.
10.1 The properties of each product or service are specified in the product or service description attached to the email with the invoice so that the Buyer can familiarize themselves with them before entering into the Agreement.
10.2 The goods offered for sale by the Seller are of satisfactory quality. The goods comply with the consumer purchase and sale agreement if the goods conform to the description provided by the Seller and possess the same properties as the goods which the Seller has provided as a sample or model; the goods are fit for the purpose for which goods of the same kind are commonly used; the goods meet the quality standards that are usually attributed to goods of the same kind and which the Buyer may reasonably expect, given the nature of the goods and the public statements made by the manufacturer of the item, its representative or seller, including advertising and labeling of the items, concerning the specific properties of the item.
10.3 The Seller is not responsible for any discrepancies between the actual size, shape, color, or other parameters of the goods sold and the corresponding visual representations on the Buyer's device due to the characteristics of the Buyer's device screen or other technical reasons beyond the Seller's control. Product photos are for illustrative purposes only and are approximate. Shades, inscriptions, parameters, measurements, sizes, functions, and/or any other properties may appear differently due to their visual characteristics, therefore, we ask that you refer to the product descriptions. The Buyer is advised to re-read the product description.
10.4 The Seller provides a warranty for different types of goods, valid for a specified period. The specific terms and conditions of the warranty are indicated in the product descriptions or included with the invoice, which serves as a warranty certificate.
10.5 The warranty provided by the Seller does not limit or restrict the consumer rights established by law in the event of purchasing a product or service of inadequate quality.
10.6 The Seller does not provide warranty service for goods (except for simple checks of the goods' operation that do not require special knowledge): if the service center(s) providing warranty service are located outside of the Republic of Estonia, the Seller will organize the shipment of goods to such center(s); if the service center(s) providing warranty service are located in the Republic of Estonia, the Buyer will be directed to such center(s).
10.7 If the Buyer wishes to make use of the quality guarantee in respect of a data carrier they have purchased, they bear sole responsibility for the safety of the personal information contained therein, i.e. the warranty does not apply to information contained on data carriers. Data on equipment provided for repair is usually deleted, except in cases where the Buyer requests that the data be saved and this is technically feasible. Regarding the possibility of saving the information contained on a data carrier, the Buyer and the Seller shall agree on a case-by-case basis.
10.8 In cases where legal acts establish a specific shelf life for certain goods, the Seller undertakes to sell such goods to the Buyer in such a way that the Buyer is given a real opportunity to use such goods before the expiration of their shelf life.
10.9 The warranty period may vary: as with other conditions, the warranty period is indicated in the product description or together with the invoice for the purchased goods, which serves as a warranty certificate.
10.10 The rectification of defects caused by the manufacturer usually takes 30 days.
10.11 The manufacturer's warranty is valid for 12 (twelve) months for legal entities. For some goods for legal entities, a warranty period of more than 12 months may apply. This is indicated in the description of such goods and is detailed in the invoice.
10.12 The foregoing also applies to services, to the extent that this corresponds to the provisions of the laws of the Republic of Estonia.
11.1 The Buyer does not have the right to cancel the Agreement without giving a reason. This is because the Buyer is a legal entity.
11.2 The resolution of defects in goods sold or services rendered, as well as the replacement or return of defective goods, shall be carried out in accordance with the Terms hereof and taking into account the requirements of the laws of the Republic of Estonia.
11.3 If the Buyer has purchased a defective product or service, the Buyer has the right to demand one of the following remedies:
11.3.1 The Seller shall, free of charge and within a reasonable period, remedy the defects in the goods or service, if such defects can be remedied;
11.3.2 A corresponding reduction in the purchase price;
11.3.3 The goods or service shall be replaced with a conforming product or service of the same kind, except where the defects are minor or have been caused by the Buyer;
11.3.4 The Buyer may rescind the Agreement and obtain a refund of the purchase price where the sale of the defective goods or service constitutes a substantial impairment of the contract.
11.4 If the goods or services do not meet the quality requirements, the Buyer shall first have the right to demand that the quality of the goods or services be brought into conformity. If this cannot be achieved, the Buyer may demand a proportionate reduction in the price of the goods or services, or unilaterally terminate the Agreement. To ensure the proper quality of the goods or services, the Buyer has the right to choose: to demand that the goods be repaired/the service be completed or to demand that the goods be replaced/the service be redone, except in cases where such a demand cannot be fulfilled or the Seller would incur disproportionate costs in relation to the costs of implementing another remedy, taking into account all the circumstances, including the value of the goods or services, whether the goods or services have defects, the significance of the defects (non-conformities) of the goods or services, and whether the application of another remedy would cause inconvenience to the Buyer.
11.5 The Buyer has the right to demand a proportionate reduction in the price of the goods or services, or to terminate the sales contract, only if:
11.5.1 The Seller has failed to repair or replace the goods, or during the repair or replacement of the goods, the Seller has refused to cover the costs of returning the goods or the costs of removing and installing the goods where the goods have been properly installed, or the Seller has refused to ensure the proper quality of the goods or services;
11.5.2 The defect in the goods or services has occurred despite the Seller's efforts to ensure quality;
11.5.3 The defect in the goods or services is substantial;
11.5.4 The Seller has stated or it is clear from the circumstances that the Seller will not be able to ensure the proper quality of the goods or services within a reasonable period, or that this will cause significant inconvenience to the Buyer.
11.6 The Buyer does not have the right to terminate the Agreement if the defect in the goods or services is minor.
11.7 If the Buyer wishes to return goods, the following conditions must be met:
11.7.1 The Buyer must notify the Seller via the contact information provided on the Website, specifying the goods to be returned;
11.7.2 The Buyer must provide a purchase document and the warranty document (if issued);
11.7.3 The Buyer must submit a written request in free form to the Seller.
11.8 The Buyer may return defective goods within the warranty period specified in the purchase document.
11.9 If the goods are returned due to a defect, the Seller shall reimburse the Buyer for the shipping and return costs incurred. The specific method of returning defective goods shall be agreed upon by the Parties.
11.10 The refund to the Buyer shall be made no later than 5 business days after the Seller has received the Buyer's notification of the defective goods or services. If the goods have not been returned to the Seller within the timeframes specified in this clause, the term shall be calculated from the date of return of the goods to the Seller.
11.11 No refund shall be made for goods or services that have been intentionally or negligently damaged (exposed to chemicals, water, open fire, high temperature, sharp objects, etc.), or if the rules of use or storage of the goods or services have been violated, or if the goods or services have been used improperly or for an unintended purpose.
11.12 Separate rules for the return of defective goods may be provided in the warranty documents accompanying the goods. Such return rules shall apply to the extent that they do not contradict these Terms and Conditions.
12.1 If the Buyer has received incorrect goods, the Buyer shall immediately, but no later than 7 (seven) business days, inform the Seller thereof by e-mail to the address specified on the Website. Upon receipt of information about the incorrect goods delivered, the Seller shall, at its own expense, collect such goods and replace them with the correct goods. If the Seller is unable to replace the goods, the Seller shall refund the payment to the Buyer. The refund to the Buyer shall be made immediately, but no later than 5 (five) business days after the Seller has received the Buyer's notification that the incorrect goods have been received, and if the goods have not been returned to the Seller within the timeframes specified in this clause, the term shall be calculated from the date of return of the goods to the Seller.
13.1 A Buyer wishing to terminate this Agreement or return goods may inform the Seller by email at the address specified on the Website.
13.2 When returning goods, the Buyer must indicate the return shipping address and package the goods properly to prevent damage during shipping. Goods are considered properly packaged only when they are placed in additional outer packaging (placed in a box, bag, wrapped in paper, etc.) and this packaging is securely sealed (e.g., taped). If the returned goods are fragile or easily breakable, they should be additionally protected from impact by wrapping them in multiple layers of paper, fabric, or bubble wrap, and then packed in outer shipping packaging (box, bag, paper). The Seller shall not be liable for parcels that were improperly packaged by the Buyer, with an incorrect address indicated, or if the parcels were lost or damaged during return to the Seller.
13.3 The procedure and conditions for the delivery of heavy goods to the Seller (for quality assessment, replacement, repair, or return) shall be agreed upon by the Parties separately.
13.4 The refund for the goods or services shall be made to the Buyer in the same manner in which the Buyer paid for the goods or services at the time of purchase, unless the Parties agree otherwise. In all cases, the Buyer has the right to request that the money be refunded to the Buyer's specified bank account.
14.1 These Terms are drawn up in accordance with the laws of the Republic of Estonia.
14.2 The relations arising from these Terms shall be governed by the law of the Republic of Estonia.
14.3 Any disputes arising from the performance of these Terms and Conditions shall be resolved through negotiations. In the event of failure to reach agreement, disputes shall be resolved in accordance with the procedure established by the legislation of the Republic of Estonia.
14.4 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. Any provision of these Terms that is held to be invalid, illegal, or unenforceable only in part or to a certain extent shall remain in effect to the extent permitted by law.
