Pukklaud KUBO black

General terms and conditions

1.1 Eesti .Japuha OÜ, with the registration code 12147895, address Meisli 26, Tartu, Tartu county, 50106 (hereinafter: Eesti .Japuha OÜ) and the customer, who places an order in the e-shop of Eesti .Japuha OÜ (www.tehnikateenused.ee; hereinafter: E-shop) or by any other means of communication (hereinafter: Buyer), hereby enter into a contract on the following terms (hereinafter: Terms and Conditions). The Buyer may be a natural person, i.e. a consumer, who makes a transaction that is not related to the performance of an independent economic or professional activity (within the meaning of §34 of the LOA); or a legal person, such as a private company or a public authority (within the meaning of §24 of the Civil Code), who makes a transaction that is related to the purposes of an economic or professional activity.

1.2 By accepting the Terms and Conditions, the Buyer confirms that he/she has read, agrees with and complies with the terms and conditions of the Sales Contract.

1.3 The delivery times, prices and specifications of the goods offered in the E-shop are subject to change without notice and therefore the offer made in the E-shop does not constitute a legally binding commitment, but is a non-legally binding e-catalogue of offers of a possible range of products with illustrative images. By confirming an order in the E-shop or by means of a communication link, the Buyer enters into a legally binding commitment to purchase the selected goods. The E-shop will reply to the Buyer's order placed in the E-shop with an automatic e-mail confirming that the order has been successfully placed by the Buyer and successfully received by the E-shop system. The transaction shall only enter into force if Eesti .Japuha OÜ sends a separate e-mail confirming the order and expressing its intention to fulfil the Buyer's order.

1.4 Eesti .Japuha OÜ reserves the right to choose the Buyers and the right to withdraw from the transaction if it becomes clear that for any reason it is not possible to fulfil the order. In such exceptional cases, the Buyer will be informed immediately and any possible advance payment will be refunded without delay, at the latest within 1 working day. Any further claims against Technical Services in connection with the cancellation of the transaction are excluded.

1.5 Estonian law shall apply to the activities of Eesti .Japuha OÜ and to the sales contract. All laws in force in Estonia have been published in the online edition of the Riigi Teataja (Estonian Official Gazette), available at https://www.riigiteataja.ee.

1.6 Instructions for placing, confirming and paying for your order in the E-shop:

• Select a product or products and add them to the basket. You can modify the quantity of goods in the shopping basket before confirming your order.
• Enter the details of the Buyer and select the appropriate mode of delivery/carrier. If you wish to have the goods delivered to an address other than the Buyer's address, enter the desired delivery address separately.
• Choose the payment method that suits you
• Please read the Terms and Conditions of the E-shop and, if you agree to them, please confirm your acceptance by ticking the box in front of the Terms and Conditions.
• Confirm your order by clicking on the "Submit request" button.
• The transaction is deemed to be concluded from the moment of receipt of the amount due according to the order to the current account of Eesti .Japuha OÜ or from the moment of signing the hire-purchase agreement. Outstanding orders shall not be executed by Eesti .Japuha OÜ.

Delivery conditions

2.1 The Goods shall be delivered to the Buyer using a third party carrier (hereinafter referred to as the "Carrier"). The Buyer may collect the Goods himself from the warehouse of Eesti .Japuha OÜ (Estonian Technical Services OÜ) at the following address.

2.2 Shipments within Estonia will generally reach the destination specified by the Buyer within 5-10 working days from the date of entry into force of the sales contract. In exceptional cases, the right of delivery shall be granted within 14-30 calendar days.

2.3 If the Buyer is a consumer (within the meaning of LOA §34), the risk of accidental destruction of or damage to the goods shall pass to the Buyer at the moment of delivery of the goods, even if the carrier of the goods is the deliverer of the goods. If the Buyer is a legal person (within the meaning of §24 of the Civil Code), the risk of accidental destruction of or damage to the goods shall pass to the Buyer at the moment the goods are handed over to the carrier of the goods. If the carrier of the Goods is not used for the delivery of the Goods, the risk of accidental loss of or damage to the Goods shall pass to the Buyer at the moment of delivery of the Goods. Delivery shall also be deemed to have taken place if the Buyer delays taking delivery of the Goods. The consignment shall be sent to the address specified by the Buyer.

2.4 All prices for the delivery of the goods are displayed in Euro and include Estonian VAT and applicable packaging and transport costs.

2.5 If the Buyer is a consumer (within the meaning of the LOA §34), we ask, without any legal obligation, to inspect the delivered goods in detail upon receipt and to inform Estonian Technical Services OÜ of any damage caused during transport. If the Buyer is a legal person (within the meaning of §24 of the Civil Code of Civil Procedure), the Buyer or a person authorised by the legal person has the obligation to inspect the delivered goods in detail and to identify any damage caused during transport. Legal persons must ensure that any transport or packaging damage discovered is recorded and reported in writing by the courier delivering the goods before acceptance of the goods.

14-day right of withdrawal

3.1 The Consumer Buyer (within the meaning of the LOA §34) has the right to withdraw from a transaction concluded by means of communication (e.g. e-shop order, order confirmed by e-mail, order confirmed by telephone, etc.) or from a transaction concluded outside the business premises of Estonian Technical Services Ltd within 14 days without giving a reason.

3.2 The withdrawal period shall expire 14 days after the day on which the Buyer or a third person other than the carrier and appointed by the Buyer has taken physical possession of the goods. The right of withdrawal shall be deemed to have been forfeited if the Buyer submits a notice of withdrawal before the expiry of the 14-day period.

3.3 In order to exercise the right of withdrawal, the Buyer must notify Eesti .Japuha OÜ of its decision to withdraw from the transaction by means of an unequivocal written statement, which must be submitted to the representative office of Eesti .Japuha OÜ or sent by e-mail.

• Eesti .Japuha OÜ, Meisli 26, 50106, Tartu, Estonia
• Phone: +372 52 552 70
• E-mail: info@tehnikateenused.ee

3.4 The Buyer has no right of withdrawal in the following cases, among others:

• In the case of Contracts for the delivery of audio and video recordings or computer software in a sealed envelope, if the envelope has been opened by the Buyer;
• Contracts for the supply of a product containing a unique password for downloading audio and video recordings or computer software or a password for accessing the manufacturer's online community;
• Contracts for the delivery of goods in sealed packaging which are not suitable for return for health or hygiene reasons and where the packaging is opened after delivery (e.g. in-ear headphones, ear monitors, etc.);
• In the case of Contracts where the object of the Contract is a product made to order, taking into account the Buyer's personal needs or in accordance with the terms and conditions indicated by the Buyer;
• In the case of contracts involving a gift voucher and where the unique code on the voucher has already been used.

3.5 Consequences of withdrawal:

• In the event of withdrawal from the contract, Eesti .Japuha OÜ shall return to the Buyer all payments received from the latter under the contract, including delivery costs (except for additional costs resulting from the method of delivery chosen by the Buyer, which differs from the cheapest usual method of delivery offered by Eesti .Japuha OÜ) without undue delay, but no later than 14 days from the day when Eesti .Japuha OÜ becomes aware of the Buyer's decision to withdraw from the contract.
• Eesti .Japuha OÜ shall make the aforementioned repayments using the same payment method that the Buyer used to make the payment, unless the Buyer has agreed to use a different payment method. The Buyer shall not incur any service charge or any other costs for such refund of payments.
• The Buyer must return the goods to Eesti .Japuha OÜ without delay, but no later than 14 days after the day on which the Buyer notified Eesti .Japuha OÜ of the withdrawal from the contract. Goods which are the subject of the Contract must be returned to Eesti .Japuha OÜ in their original packaging (which may have opening marks, but must not be damaged) and must contain all items in the product packaging). The direct costs of returning the goods must be borne by the Buyer. The time limit will be deemed to have been observed if the Buyer returns the goods covered by the contract before the end of the 14-day period or proves that he has handed them over to the carrier within the aforementioned period. If the Buyer fails to return the goods within 14 days from the date of the application for withdrawal, and fails to prove that the goods have been delivered to the carrier, Eesti .Japuha OÜ has the right not to accept the application for withdrawal.

3.6 Eesti .Japuha OÜ shall have the right to refuse to make refunds until Eesti .Japuha OÜ has received back the object of the Contract or the Buyer has provided Eesti .Japuha OÜ with evidence that he has returned the object, whichever is the earlier.

3.7 In the event of deterioration of the goods to be returned, the Buyer shall be liable for the reduction in value of the goods due to the use of the goods if the Buyer has used the goods in a manner other than that necessary to ascertain the nature, characteristics and functioning of the goods. For the purpose of ascertaining the nature, characteristics and functioning of the goods, the goods may be handled and used only in the normal way in a shop. In the event of return of used or incomplete goods, Eesti .Japuha OÜ has the right not to accept the Buyer's request for withdrawal or to set off the cost of depreciation of the goods against the purchase price to be returned to the Buyer. Eesti .Japuha OÜ is also entitled to set off the value of gifts and other added values at the current retail price in case of non-return. Eesti .Japuha OÜ has the right to submit claims to the Buyer due to a decrease in the value of the goods within one month from the return of the goods at the latest.

Resolving complaints

4.1 In the event of non-conformity of the goods with the terms of the contract, the Buyer may invoke the remedies provided by law, including the right to demand performance of the contract, to reduce the price, to claim damages and to terminate the contract:

• About the consumer (in the sense of the LOA §34) In case of non-conformity of the goods with the terms of the contract (the goods are defective), the buyer has the right to submit a claim to the seller within 2 years (consumer's 2-year right to submit a claim) from the date of delivery of the goods, including. for second-hand goods. The complaint must be lodged without delay, but not later than 2 (two) months from the discovery of the lack of conformity. Upon discovery of the defect, the Buyer must take reasonable measures to preserve and protect the goods, including not using the defective goods if the use of the goods would further deteriorate the condition of the goods.
• If the goods are covered by a sales guarantee given by the seller or the manufacturer in addition to the statutory guarantee, the terms of the guarantee will be given to the Buyer in writing with the goods and/or made available electronically in the e-shop.
• A buyer who is a legal person (as defined in §24 of the Civil Code) is covered by a sales guarantee if the manufacturer or importer offers it (as a rule, manufacturers offer a sales guarantee for 1 year or longer).

4.2 If the consumer Buyer notices a defect in the goods or product upon receipt of the ordered goods, the right to lodge a claim as described herein shall only remain valid if the Buyer, immediately upon receipt of the goods, expressly notifies the defects in writing to Eesti .Japuha OÜ. The right to lodge a claim does not apply to damages incurred during transport after delivery of the product to the Buyer.

4.3 In order to simplify the settlement of later claims, the Buyer must keep the purchase documents (invoice, contract, etc.) proving that the goods have been purchased from Estonian Technical Services Ltd. Without a document proving the sale, the seller/service provider may fail to solve the problem.

4.4 In the event of a defective product, the consumer Buyer has the right to demand that the product be repaired free of charge. If the same defect reoccurs after the repair, the consumer has the right to demand a replacement of the product or a reduction of the purchase price.

You have the right to withdraw from the contract if Eesti .Japuha OÜ has materially breached the sales contract, including in the following cases:

• Eesti .Japuha OÜ cannot repair or replace the goods;
• repair fails;
• Eesti .Japuha OÜ has failed to remedy the shortage within a reasonable time;
• the repair or replacement of the goods has caused the Buyer undue inconvenience.

4.5 Eesti .Japuha OÜ will not remedy the defects during the 2 year right of the consumer to lodge a complaint, nor during the validity of the sales guarantee, if it is caused by, among other things:

• the wrong accessories;
• incorrect installation;
• defects in the software installed on the equipment due to incorrect installation or use of the software by the buyer (including defects caused by viruses);
• normal physical wear and tear under normal use;
• alterations to the original parts, incorrect use (not in accordance with the intended purpose), maintenance (including where the goods have been repaired or maintained by a person not authorised by the manufacturer) or damage to the goods;
• Any defects brought to the buyer's attention by the seller before purchase;
• external factors: lightning, non-compliant voltage and voltage fluctuations, moisture, liquid, mechanical damage, etc., among others.
• tampering with, replacing or removing the serial number, inspection sticker or marking sticker of the equipment and/or part;
• Through the fault of the buyer, as a result of unreasonable use, or if the defects were caused by careless storage, maintenance or overloading of the product.

4.6 Claims related to goods purchased from Eesti .Japuha OÜ can be submitted below:

• Eesti .Japuha OÜ, to the address Meisli 26, 50106, Tartu, Estonia.
• by e-mail to: info@tehnikateenused.ee

4.7 In the event of a claim, the defective goods must also be delivered to the Estonian Technical Services OÜ office.

4.8 In the event of a complaint, within the first six months from the delivery of the goods from the consumer to the Buyer, the costs related to the repair or replacement of the goods, in particular, the costs of transport, postage, labour, travel and material costs shall always be borne by Estonian Technical Services Ltd (LOA § 222(4)). During the following period of 1.5 years, the corresponding costs shall be borne by OÜ Eesti .Japuha OÜ only if the claim was justified.

4.9 If at the moment of filing a complaint more than six months have passed since the delivery of the goods from the consumer to the Buyer and an expert examination is necessary to determine the nature and cause of the defect, Eesti .Japuha OÜ and the consumer Buyer shall conclude an agreement for the expert examination. For the expert examination (diagnostics) carried out on the device, the expert examination fee of 36€ (including VAT) must be paid, if Eesti .Japuha OÜ is not responsible for the elimination of the defect on the device. The consumer Buyer must also pay the expert examination fee if the expert examination (diagnostics) does not reveal any defect in the device and the device meets the manufacturer's technical requirements.

4.10 If the Consumer Buyer does not agree with the result of the expert examination of Eesti .Japuha OÜ, the Consumer Buyer must prove that there is a defect (non-conformity with the terms of the contract) and the defect or its cause existed at the time of delivery of the product.

4.11 If the Buyer and Eesti .Japuha OÜ are unable to resolve the dispute by means of an agreement, the Consumer may apply to the Consumer Disputes Committee of the Consumer Protection Agency. The terms and conditions of the procedure can be found and the application can be submitted at https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon/. The Consumer Disputes Committee has the competence to settle disputes arising from a contract concluded between the consumer Buyer and Estonian Technical Services Ltd. The examination of the consumer's complaint by the Commission is free of charge. In addition, the consumer Buyer may contact the European Union Consumer Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

Terms and conditions of Estonian .Japuha OÜ:

1. By leasing the property belonging to Eesti .Japuha OÜ, the Lessee has accepted these Terms and Conditions and all disputes shall be governed by these Terms and Conditions and the laws of the Republic of Estonia.

2. The basis for renting the property is the rental offer of Eesti .Japuha OÜ, which includes the exact list of the property to be rented, the length of the rental period and the cost.

3. Upon the transfer of the property, the representative of Eesti .Japuha OÜ and the Lessee shall mutually sign the lease offer of Eesti .Japuha OÜ.

4. The lessee is obliged to return the property no later than 13:00 on the day following the expiry of the rental period specified in the offer. The property may be returned by agreement between the parties.

5. If the Lessee returns the property later than the aforementioned deadline, the Lessee is also liable to pay for the days exceeding the deadline.

6. The lessee has the right to request a printout of his/her rental offer on paper or by e-mail.

7. The renter is obliged to:

7.1 use the property in a prudent manner and in accordance with its intended purpose, and not leave the property unattended,

7.2 return the property cleaned and in working order or otherwise reimburse Eesti .Japuha OÜ for the costs of cleaning and adjusting the property.

7.3 to immediately inform the representative of Eesti .Japuha OÜ if the leased property turns out to be in disrepair. In the event that the failure referred to by the Renter proves to be unjustified, the Renter shall still be obliged to pay the rental price according to the rental offer,

7.4 inform the lessor immediately if the property is lost, damaged or destroyed,

7.5 In the event of loss or destruction of the property, the Lessee is obliged to compensate Eesti .Japuha OÜ for the market value of the property,

7.6 In the event of damage to the property, the Lessee is obliged to compensate Eesti .Japuha OÜ for the repair costs of the property.

8. The tenant has no right:

8.1 place the assets of Eesti .Japuha OÜ at the disposal of third parties,

8.2 independently carry out or order from other persons the repair of the property of Eesti .Japuha OÜ.

9. Eesti .Japuha OÜ is entitled to:

9.1 recover the property from any unlawful possession,

9.2 demand early termination of the agreement if it appears that the Lessee has knowingly misrepresented the facts concerning the lease.

10. Eesti .Japuha OÜ has an obligation to:

10.1 inform the Lessee immediately if, after the return of the property, it is found that the leased property has become unusable or has suffered a significant decrease in value,

10.2 waive (in whole or in part) any claim for rent in favour of the Renter if it is found that the property handed over to the Renter was (in whole or in part) unusable.