1. TERMS OF USE
1.1. These general terms and conditions of top1 autovaruosad OÜ and other terms and conditions at top1autovaruosad.ee website (hereinafter jointly referred to as the Terms and Conditions) are applicable to all natural and legal persons (hereinafter referred to as the Customer) who order, pay for and deliver products, bought via top1autovaruosad.ee e-shop and are an integral part of the sales transaction.
1.2. Top1 autovaruosad OÜ has the right to change the Terms and Conditions unilaterally at any time by publishing them on the website top1autovaruosad.ee.
1.3 The Customer is obligated to place an order, which must contain the exact description of the product, the product number according to the manufacturer's catalog or all the vehicle data needed to find the product (make, model, year, displacement, power, fuel type, factory designation from 17 numbers, gearbox type). By ordering independently without consulting top1autovaruosad.ee, the Buyer assumes the responsibility that the selected product is suitable for the desired purpose.
1.4 After placing the order, the product is not reserved. The purchase transaction shall be considered concluded from the moment when the agreed advance payment amount has been received on the current account of Top1autovaruosad OÜ.
2. TERMS AND CONDITIONS OF CLAIM
2.1 A person not engaged in economic and professional activities (hereinafter the Consumer) has the right, if the product does not meet the terms of the contract (the product is defective), to submit a claim to TOP1 AUTOVARUOSAD OÜ within 2 (two) months, counting from the date of delivery of the product. The claim must be submitted immediately, but not later than within 2 (two) months from the discovery of the product defect. If a defect is detected, the Consumer shall take reasonable measures to preserve and protect the product, including not using the product with a defect, if using the product would further worsen the condition of the product.
2.2 In the case of a legal entity, the warranty period set by the manufacturer shall apply. TOP1 AUTOVARUOSAD OÜ is not responsible for the defects of the product, if the Buyer has not notified TOP1 AUTOVARUOSAD OÜ about the defect immediately after finding the defect.
2.3 The Customer may submit the complaint in free form to TOP1 AUTOVARUOSAD OÜ to the address provided in the purchase document or by e-mail to [email protected] or by calling customer service by phone +372 55520792 from Monday till Friday. TOP1 AUTOVARUOSAD OÜ will answer the complaint in the same form, in which the complaint was submitted, and will notify the Customer about the possible decision of the complaint within 14 days.
2.4 As a basis for complaints and subsequent resolution, the Buyer should retain the purchase document (invoice, contract, etc.), confirming that the product was purchased at the store TOP1 AUTOVARUOSAD OÜ. Without a proof of sale document, TOP1 AUTOVARUOSAD OÜ may refuse to solve the problem.
2.5. TOP1 AUTOVARUOSAD OÜ is not responsible for non-compliance of the product with the terms of the contract, if the Buyer knew or should have known about non-compliance of the product with the terms of the contract when entering into the contract.
2.6 If the product does not comply with the conditions of the agreement, the Buyer may demand that TOP1 AUTOVARUOSAD OÜ repair or replace the product if it is possible and if it will not result in unreasonable costs or inconvenience for TOP1 AUTOVARUOSAD OÜ compared to other law enforcement measures, considering, among others, the cost of goods, the significance of non-compliance with the agreement conditions and the possibility of the Buyer receiving the product that meets the agreement conditions without inconvenience in other places. TOP1 AUTOVARUOSAD OÜ may replace the product with a product corresponding to the conditions of the contract instead of repairing it.
2.7. TOP1 AUTOVARUOSAD OÜ is not liable for such defects, which have occurred
2.7.1. due to the faulty or negligent activity of the Buyer;
2.7.2. due to inappropriate or improper use of the product;
2.7.3. due to improper storage of the Product;
2.7.4. due to natural physical wear and tear of the Product during normal use;
2.7.5. due to natural physical wear and tear of the Product during an unnaturally short period of use, if the Product has been used with a significantly higher intensity than can be reasonably expected from the normal Buyer;
2.7.6 due to improper installation or adjustment of the Product if the Product was installed in a workshop which did not have the proper tools for installing the Product, or if the Product was installed by a person who did not have sufficient knowledge or appropriate qualifications to install the Product;
2.7.7. due to unsatisfactory maintenance;
2.7.8. due to a traffic accident;
2.7.9. in training, motorsport competitions, races, off-road driving or other similar cases;
2.7.10. when using the product in a more demanding environment than specified by the product manufacturer (among other things due to excessive dust, too high or low temperature or humidity, insufficient or excessive lubricant);
2.7.11. when the product is connected by non-certified diagnostic equipment;
2.7.12. when using third-party components or accessories.
2.8. TOP1 AUTOVARUOSAD OÜ relies on the expertise (diagnostics) conducted by an authorized representative of the manufacturer in determining the responsibility. If the examination reveals that the defects are caused by the above-mentioned factors, but the repair of the product is possible, the Buyer can order a paid repair.
2.9 If TOP1 AUTOVARUOSAD OÜ is not responsible for the elimination of the defects detected in the equipment and the repair of the equipment is impossible, the Buyer shall pay for the examination (diagnostics). The Buyer shall also pay for the examination if the product examination (diagnostics) does not reveal defects and the equipment meets the technical requirements of the manufacturer.
2.10. If the Buyer does not agree with the position of TOP1 AUTOVARUOSAD OÜ, the Buyer shall prove that
2.11. there is a case of a defect (non-compliance with the terms of the contract);
2.12. the defect or its cause has been present since the product was handed over;
2.13. TOP1 AUTOVARUOSAD OÜ is responsible for the detected defect.
2.14. If TOP1 AUTOVARUOSAD OÜ replaces the defective product with a new product, it may request the buyer to return the defective product.
2.15. If after the expertise or otherwise, it turns out that TOP1 AUTOVARUOSAD OÜ is not responsible for the defect, TOP1 AUTOVARUOSAD OÜ is not obliged to replace or repair the product, or compensate the damages.
2.16. In any case liability of TOP1 AUTOVARUOSAD OÜ is limited to compensation of direct material damages, TOP1 AUTOVARUOSAD OÜ is not liable for non-material damages and lost profits. The amount of compensation paid by TOP1 AUTOVARUOSAD OÜ may in no case exceed the amount paid for the product.
2.17. The right to submit claims does not apply to damage which occurred on the vehicle after the transfer of goods to the Buyer.
2.18. In case of defects in the product, the Customer and TOP1 AUTOVARUOSAD OÜ shall be guided by the principles of complaint, which are an integral part of the sales transaction and which the Customer can read on the website of TOP1 AUTOVARUOSAD OÜ.
2.19. If TOP1 AUTOVARUOSAD OÜ has refused to satisfy the Customer's request or the Customer does not agree with the decision made by TOP1 AUTOVARUOSAD OÜ, the Customer may submit an application to the department of out-of-court dispute resolution (Pronksi tn 12 Tallinn 10117, phone 620 1707,[email protected]) or to the district court. The rules of procedure are available at www.tarbijakaitseamet.ee.
