General Terms And Conditions Of Sale
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 The Seller is Tenniskit24 OÜ, registry code 14676273 (hereinafter the Seller) registered office Kivinurme, Viti küla, Harku vald 76910, Harjumaa, Estonia, e-mail address [email protected], website www.tenniskit24.com (hereinafter the Website).
1.3 The Buyer is a consumer who makes a purchase.
1.4 The general terms and conditions of the sales contract (hereinafter the Terms and Conditions of Sale ) shall apply to the sales contracts (hereinafter the Contract) of artificial grass and other goods offered by the Seller (hereinafter the Goods) during the period of validity of these Terms and Conditions of Sale.
1.5 These Terms and Conditions of Sale are valid as of 01.06.2019.
2.1 In these terms and conditions:”we” means Tenniskit24 OÜ; and “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
3.1 Under the Contract, we undertake to sell and deliver to the Buyer the Goods the latter has ordered and transfer the right of ownership of the Goods whereas the Buyer undertakes to pay us the purchase price of the Goods in money and receive the Goods.
4. Order process
4.1 The advertising of products on our Website constitutes an “invitation to treat” rather than a contractual offer.
4.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
4.3 To enter into a contract through our Website to purchase Goods from us, the following steps must be taken: you must add the products you wish to purchase (including the choice of colour, etc.)) to your shopping cart, and then proceed to the checkout; you must then insert billing details, receiver’s details and delivery address; you must select your preferred method of payment and confirm your order and your consent to the terms of this document; by selecting an invoice payment we will send you an order confirmation (proforma invoice) by email after you have completed your checkout procedure; with credit card, PayPal and other online payments you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an order confirmation (proforma invoice).
4.4. The Contract shall be considered to have been entered into as of the receipt of the amount of payment to our bank account. By paying the advance payment, the Buyer confirms their approval of the final price of the Goods as well as of the Terms and Conditions of Sale.
4.5 If the Buyer fails to pay the invoice in a timely manner, the Contract shall not enter into force and we shall not be obliged to fulfill the order.
5.1 Information concerning the main characteristics of the Goods (including dimensions, weight, color, product quality parameters, etc.)is provided on the Website. By Goods we mean: artificial grass kit for tennis courts, artificial grass kit for padel courts, fences, windscreens, nets, posts and net centre tapes, etc.
5.2 We may periodically change the products available on our Website, and we do not undertake to continue to supply any particular product or type of product.
5.3 The Seller shall ensure that the Goods comply with the terms and conditions provided in the product description and they can be installed pursuant to the terms of installation manual available on the Website.
6. Price of Goods and fee for delivery of Goods.
6.1 Our prices are quoted on our Website, the final price of the Goods is shown on the order confirmation (pro forma invoice).
6.2 We will from time to time change the prices quoted on our Website, but this will not affect contracts that have previously come into force.
6.3 All amounts stated in these terms and conditions or on our Website are stated inclusive of VAT. If the Buyer is a company with a valid VAT-number registered in EU, then no VAT will be added. We have the right to check the validity of VAT-number given to us and apply VAT in case of need.
6.4 It is possible that prices on the Website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
6.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force. You can find detailed information in section 8 “Delivery of Goods”.
6.6 The price of the Goods does not contain the fee for the installation of the Goods.
7. Payment terms
7.1 You must pay the prices of the products you order during the checkout process or within the stated period if you choose offline payment (invoice payment or similar). Payment must be made in full in cleared funds at least 2 working days before delivery or collection if you have arranged collection from us.
7.2 Payments may be made by any of the permitted methods specified on our Website.
7.3 The payment deadline of the invoice in indicated therein.
7.4 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered or cancel the contract of sale for the products by written notice to you at any time.
7.5 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: an amount equal to the amount of the charge-back and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.5 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 7.5.
7.6 Upon any delay in the payment of the invoice, we shall be entitled to demand default interest in the amount of 0,02% of the outstanding amount per day from the Buyer.
8. Delivery of Goods
8.1 We shall announce the term of delivery of the Goods to the Buyer via e-mail after the Buyer has paid the advance payment in full. The term of delivery of the Goods may differ from the estimated term of delivery of the Goods indicated in order confirmation. In case we do not have goods ready in stock the maximum term of delivery may not exceed 6 weeks.
8.2 We are only obligated to deliver the Goods to the Buyer on the condition that the Buyer has paid the price of Goods in full.
8.3 If the Buyer delays the payment by more than 14 days and has failed to pay the full price within an additional reasonable term granted by us, we have the right to withdraw from the Contract.In this case, we are not obliged to deliver the ordered Goods to the Buyer. Furthermore, we are entitled to demand a contractual penalty from the Buyer in the amount equalling the amount of the already paid advance payment.
8.4 We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation.
8.5 Unless otherwise agreed with the Buyer, we shall deliver the Goods to the location indicated in the order confirmation and deliver the Goods against the signature of the person designated by the Buyer.
8.6 As a rule, we deliver the goods with semi-trailer truck and therefore the delivery location must be chosen accordingly. The Buyer must provide a forklift to unload the goods from the truck and pay all costs of unloading. In case the semi-trailer truck cannot access the indicated delivery location due to insufficient space or insufficient hard standing and goods need to be reloaded in a terminal or somewhere else, all additional costs must be paid by the Buyer. The Buyer is fully responsible for informing us before the delivery about the adequacy and conditions of the delivery location. In case of questions we recommend to contact us immediately.
8.7 Upon the request of the Buyer, we shall deliver the Goods to the transport operator designated by the Buyer. In this case, the obligation of delivery of the Goods shall be considered to have been performed by delivering the Goods to the transport operator.
8.8 Along with the delivery of the Goods we shall send electronically all documents belonging to the Goods, including the installation instructions, maintenance instructions and Delivery Acceptance form.
8.9 The right of ownership and the risk of accidental destruction of or damage to the Goods shall be transferred from the Seller to the Buyer upon the delivery of the Goods from the Seller to the Buyer.
8.10 Upon the delivery of the Goods, the Buyer is obligated to inspect the Goods and examine the compliance of the Goods with the order confirmation. The Buyer has the right to refuse to receive the Goods if they do not meet the terms and conditions of the Contract.
8.11 Upon the delivery of the Goods, the Buyer or his indicated representative is obligated to fill a delivery acceptance form (hereinafter Delivery Acceptance). Delivery Acceptance must be sent back to us via e-mail within three working days as the latest as of the receipt of the Goods. The Buyer shall fill in the Delivery Acceptance according to the form and indicate therein following details:
8.11.1 details of the buyer
8.11.2 confirmation of the receipt of the Goods
8.11.3 any deficiencies discovered upon the inspection of the Goods, including photographs taken by the Buyer as appended to the Delivery Acceptance
8.11.4 signature of the Buyer
9. Sales warranty
9.1 We shall provide the Goods with warrant of 24 months as of the delivery of the Goods to the Buyer.
9.2 We warrant that the products will correspond with their specification at the time of delivery.
9.3 The warranty shall not apply for intentional damage and normal wear and tear.
9.4 The warranty shall only apply on the condition that the Buyer has returned the duly filled in Delivery Acceptance to us pursuant to clause 8.10.
9.5 In order to exercise the rights arising from the warranty, the Buyer shall have to address us in writing via the contact details indicated in the Terms and Conditions of Sale or on the Website.
9.7 In addition to the rights resulting from the warranty, the Buyer shall also have other rights arising from legislation.
10. Deficiencies of Goods
10.1 We are responsible for the non-compliance of Goods sold to the Buyer with the terms of the Contract or for deficiencies which already existed ate the time of delivery.
10.2 We shall not be responsible for the non-compliance of the Goods that has come about after the delivery of the Goods unless the non-compliance was caused due to our prior violation of obligations.
10.3 We shall not be responsible for the non-compliance of the Goods arising from incorrect loading and incorrect installation of the Goods as by accepting these Terms and Conditions the Buyer fully acknowledges that installation instruction will be sent electronically to the e-mail address indicated by the Buyer.
10.4 We shall not be responsible for the non-compliance of the Goods to the terms and conditions of the Contract if the Buyer was aware or should have been aware of such non-compliance upon entering into the Contract.
10.5 We shall not be responsible for whether the Buyer is able to install the Goods at the location desired by the Buyer. The Buyer shall be responsible to the full extent for receiving any permits and approvals required for installing the Goods and for complying with any other requirements related to necessary building work.
10.6 Upon the discovery of any deficiencies or non-compliance of the Goods, the Buyer shall have to address us in writing via the contact details indicated in the Terms and Conditions of Sale or on the Website within 7 days at the latest as of the Buyer discovering the non-compliance.
10.7 If the Goods are deficient and we are respectively responsible therefor, we shall repair or replace the deficient Goods at our owns expense. If we replace the Goods, we have the right to request that the buyer returns the Goods that do not comply with the terms and conditions of the Contract. If the Goods cannot be repaired or replaced, we shall refund any and all amounts received from the Buyer under the Contract.
11. Order cancellation and return
11.1 We may cancel a Contract under these terms and conditions immediately, by giving you written notice of termination, if you fail to pay, on time and in full, any amount due to us under that Contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
11.4 After receiving the order confirmation, the Buyer has the right to withdraw from the contract with us within 14 days. The validity of withdrawal does not apply if the Buyer is a legal person.
11.5 To exercise the 14-day right of withdrawal the Buyer must not use the ordered goods an any other way other than is necessary to ensure the nature, characteristics and functioning of the goods in the same way you would be allowed to test the goods in an actual store.
11.6 If the goods have been used for any other purpose other than is necessary to ensure the nature, characteristics and functioning of the goods, or if there are any signs of use or wear and tear, the Seller has the right to reduce the amount returned in accordance with the decrease in value of the goods.
11.7 To return the goods, the Buyer must inform us in written form within 14 days of receiving the goods. The buyer shall bear the cost of returning the goods in case of withdrawal from the contract.
11.8 The Buyer must return the goods within 14 days of the submission of the notice of withdrawal or submit evidence that the goods have been handed over to the carrier within the aforementioned period.
11.9 Upon receiving the returned goods, the Seller shall return to the Buyer ,immediately but no later than after 14 days, all of the payments received from the Buyer.
11.10 The Seller has the right to refuse to make the refund until the goods are received.
12. Consequences of order cancellation
12.1 If a contract under these terms and conditions is canceled in accordance with Section 11 we will cease to have any obligation to deliver products which are undelivered at the date of cancellation. You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation.
13.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
14.1 We may revise these terms and conditions from time to time by publishing a new version on our Website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and obligations under these terms and conditions if such action does not reduce the guarantees benefiting you under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
19. Processing of personal data
20. Applicable law and resolution of disputes
20.1 These terms and conditions shall be governed by and construed in accordance with Estonian law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Estonia.
21. Statutory and regulatory disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our Website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.