GENERAL TERMS OF SALE OF KLAVIS OÜ

  1. NATURE AND SCOPE OF TERMS OF SALE
    1. The general Terms of Sale of Klavis apply to written and oral agreements concluded between Klavis OÜ and the purchaser.
    2. These terms have been drawn up in order to simplify and specify the legal relationship between the seller and the purchaser.
    3. The principle “Ask if you don’t know” applies, i.e. the purchaser is required to ask information from the seller upon any doubt. The seller has also disclosed information about goods on the website www.vineerimaailm.ee
  2. TERMS
    1. Seller – the legal person Klavis OÜ who sells their products and services. The seller may be represented by their legal or contractual representative.
    2. Purchaser – a legal or natural person who purchases the products or services of Klavis OÜ. The purchaser may be represented by their legal or contractual representative.
    3. Parties – the seller and purchaser referred to jointly if there is no need to differentiate between them. Party – the seller or purchaser separately.
    4. Terms of sale – the terms drawn up by the seller which simplify and specify the legal relationship of the seller and purchaser.
    5. Goods – various products in the seller’s inventory. Services provided are also deemed to be goods by the parties.
    6. Special order – goods not part of the seller’s standard inventory or not in standard measurements.
    7. Order – an order placed by the purchaser to the seller, specifying the amount, type, measurements etc. of goods.
  3. QUALITY
    1. Samples and descriptions are used for the approximate determination of the quality of products. The natural variety of materials is taken into accounts for the products
    2. The purchaser shall take into account that due to the texture and nature of wood, hues of products may vary and that is not considered a defect.
    3. Before placing an order, the purchaser shall independently review the terms of quality of the goods, which are available on the seller’s website at www.vineerimaailm.ee
  4. PLACING AND HANDLING AN ORDER
    1. The purchaser shall submit an order to the seller for ordering goods (hereinafter “order”). The purchaser shall submit an order electronically or by telephone at their discretion.
    2. The specific amount, type, terms of payment, price, measurements, term of delivery and transport of the goods are agreed upon separately for each order.
    3. The seller has the right to require that the purchaser provide an order confirmation (type, amount, cost etc. of goods) in form reproducible in writing (e-mail).
    4. Terms of sale become binding from the moment of the client confirming the order or paying the prepayment.
    5. The seller has the right to withdraw from executing the order if the purchaser violates the duty to pay a prepayment.
  5. PRICE AND TERMS OF PAYMENT
    1. ​The price of and terms of payment for the goods are agreed upon when the order is confirmed. 
    2. Unless agreed otherwise, the purchaser undertakes to:
      1. pay a prepayment upon terms indicated in the order;
      2. pay the whole price before accepting the goods, from which the paid prepayment has been deducted.
    3. Upon delay of performing the financial obligation, the seller has the right to require that the purchaser pay a fine for delay in the amount 0.15% of the outstanding amount per day.
    4. The invoice is deemed forwarded, inter alia, when it is forwarded to the purchaser’s e-mail address and one business day has elapsed from that moment.
  6. TERM OF DELIVERY
    1. The term of delivery is agreed upon between the parties.
    2. If the seller learns that they cannot adhere to the term of delivery, then they shall inform the purchaser of this 3 (three) days before the term of delivery at the latest and agree upon a new term of delivery with the purchaser.
    3. Upon the passing of the term of delivery, the purchaser has the right to require the payment of a fine for delay in the amount 0.15% of the cost of delayed goods.
  7. DELIVERY OF GOODS
    1. ​Goods are delivered to the purchaser from the seller’s warehouse after the complete payment for goods and the preparation and signing of accompanying documents confirming receipt.
    2. The duties of the seller are deemed fulfilled upon preparing the goods and informing the purchaser of this. The risk of accidental destruction and damage to the goods is transferred to the purchaser from the moment the purchaser is in delay in receiving the goods.
    3. The purchaser is in delay in receiving the goods when they delay receiving the goods by more than 3 days. In this case, the seller has the right to require that the purchaser pay a storage fee of 15 euros per each delayed day, in addition to a fine for delay, and 40 euros if the volume of goods is over 1.5 m3.
    4. The purchaser or a person selected by the purchaser shall verify upon receiving the goods that they have the right to receive the goods, by presenting the order number. The purchaser may forward the vehicle number of the transporter.
    5. As a rule, the goods are handed over at the seller’s warehouse at Jälgimäe tee 11, Saku rural municipality, or Sinikivi tee 6, Rae rural municipality, on business days (Mon-Fri) from 8:30 to 16:45, unless the parties agree otherwise. The warehouse is specified during the order or when the invoice or notice of preparing the goods are forwarded to the purchaser.
    6. Transport services ordered by the purchaser are provided after the products are completely paid for, and only on the basis of a separate agreement concluded between the seller and the purchaser.
  8. COMPLAINTS
    1. The purchaser shall check that the goods comply with the ordered amount and type when receiving the goods, and immediately inform the seller of any nonconformity.
    2. Hidden defects, i.e. defects which could not have been visually detected upon delivery of the goods, must be communicated within 5 business days of delivering the goods at the latest. If the defect is related to the quality of goods, it must be recorded with images immediately and stored in a way that the nonconformity can be verified Later complaints about defects will not be satisfied.
    3. The seller shall not be responsible for defects of the goods caused by actions of the purchaser – e.g. defects caused by improper transport, installation, use or maintenance, etc.
    4. Upon filing a complaint, the nonconformity must be described as precisely as possible, with images added.
    5. The seller shall review the complaint and respond to it within 7 (seven) days from receiving the complaint. If the seller accepts the complaint, the seller undertakes to repair or replace the product or service at their expense within a reasonable time.
  9. RESERVATION OF OWNERSHIP
    1. The right of ownership of the product is transferred from the seller to the purchaser only after the product price has been paid off in full.
  10. FINAL PROVISIONS
    1. All disagreements shall be resolved with negotiations between parties. Upon failure to reach an agreement, both parties have the right to exercise all legal remedies.
    2. The invalidity of a single provision of the contract does not release the parties from the duty of performing other provisions of the contract or render the contract or other provisions of the contract invalid. If such a provision becomes apparent, the parties shall do their best to replace the provision with one that meets the purpose of the invalid provision as much as possible.
    3. The parties shall cooperate, follow the principles of good faith, taking into account each other’s interests in order to ensure the effective performance of the contract.
    4. Upon forwarding information related to performing the contract and selecting the form of forwarding, the importance of the information for the other party shall be taken into account.

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