TERMS AND CONDITIONS OF SALE IN ONLINE SALES CENTRE TOOLTRADE.EE
 
1. GENERAL PROVISIONS
1.1. These terms and conditions of sale (hereinafter referred to as the Terms and Conditions) apply to the legal relations between all persons (hereinafter the Buyer) and Tooltrade Baltic OÜ (hereinafter the Seller), the owner of online sales centre tooltrade.ee (hereinafter the Sales Centre), for the purchase of Goods for sale in the Sales Centre, provided that no separate sales contract has been concluded between the Seller and the Buyer.
 
1.2. The Seller is:
Tooltrade Baltic OÜ
Registry code 12582970
Address: Turu tn 63, 50106 Tartu, Republic of Estonia
E-mail: info@puidumasin.ee
Telephone: +372 716 8088
VAT No.: EE101717975
 
1.3. These Terms and Conditions consist of these regulations and the terms and conditions of ordering and transport, warranty and data protection provided on the tooltrade.ee website referred to herein.
1.4. The Buyer is, for the purposes of the Terms and Conditions, a legal entity or natural person. Consumer means a natural person who concludes a transaction that is not related to independent economic or professional activities. The differences applicable to consumer regulations are set out separately in the terms and conditions of sale and distinguished with the reference ‘consumer’.
1.5. The Seller has the right to unilaterally revise the Terms and Conditions by publishing the new Terms and Conditions at tooltrade.ee. If the Buyer placed an order prior to the entry into force of the amendments to the Terms and Conditions and/or Prices, the legal relationship between the Seller and the Buyer will be governed by the Terms and Conditions and/or prices in force at the time the order was placed, unless otherwise provided by law or the Terms and Conditions.
1.6. The Buyer agrees that the sales contract that includes the Terms and Conditions will be concluded electronically. The Buyer will be able to read, save, print and, if necessary, reproduce the Terms and Conditions before making a purchase.
1.7. By making a purchase, the Buyer agrees that they have read and agree with and will comply with the Terms and Conditions.
1.8. If the Sales Centre is used in a language other than Estonian, the Terms and Conditions will be provided in the respective language. In the case of inconsistencies in translations, the Estonian Terms and Conditions will prevail. 
1.9. In addition to the Terms and Conditions, the legislation in force in the Republic of Estonia and the European Union apply to the purchase of Goods in the Sales Centre.
1.10. The Customer Service of the Sales Centre can be contacted using the contact details set out in clause 1.2 of the Terms and Conditions.  
 
2. ORDERING AND TRANSPORT 
2.1. The Buyer selects the goods they want in the Sales Centre.
2.2. The following must be explained about the images displayed in the Sales Centre. The images on the website are for illustrative purposes only. Most of the images are about a specific group. For example, end mills that have the same shape but differ in terms of some technical specifications (radius, cutter length, etc.). 
2.3. The Buyer orders the Goods by submitting an order to the Seller through the Sales Centre or separately by e-mail (info@puidumasin.ee), indicating their name, the quantity of the Goods, the method and place of delivery and any other information relating to the fulfilment of the relevant order. The customer is then contacted and an offer is made in a format that can be reproduced in writing.
2.4. Orders are processed on weekdays from 08:30 to 17:00. Orders placed on Saturdays, Sundays and public holidays will be processed on the following working day. 
2.5. If the Buyer would like to place an order in the Sales Centre, the Buyer must first register as a user in the Sales Centre in accordance with clause 3 of the Terms and Conditions and create a user account HERE. 
2.6. To place an order through the Sales Centre, you must log in to the ordering environment and add the products you are interested in purchasing to your shopping basket. After placing your order by clicking on the ‘Confirm order!’ button, an e-mail will be sent to our sales staff with the products you have requested. The stock status, i.e. the availability of the goods, is then checked and you are notified of the availability/non-availability, price and delivery time of the Goods. A prepayment invoice will be sent if the products are in stock. After the payment for the invoice is received, the order will be dispatched according to the mode of transport chosen in the order. The goods will be dispatched to regular customers with the invoice, the due date of which corresponds to the terms and conditions of the contract.
2.7. The Buyer must be at least 18 years of age and have the active legal capacity to assume the obligations set out in the Terms and Conditions. If a person acts on behalf of a legal entity, that legal entity must have the correct status and full passive legal capacity. When acting on behalf of a legal entity, the representative of the Buyer confirms that they have full authority to assume the obligations set out in these Terms and Conditions for the legal entity in relation to the transaction.
2.8. When placing an order for Goods in the Sales Centre, the Buyer clicks on the ‘I have read and agree to the Terms and Conditions’ button, by which the Buyer confirms that they have read the Terms and Conditions and agree to be bound by the Terms and Conditions applicable to the purchase made on the basis of said order. When ordering Goods by e-mail, the Buyer confirms that the Buyer has read and accepts the Terms and Conditions.
2.9. By clicking on the button  ‘I have read and agree to the terms and conditions’ or by submitting a confirmation to this effect and thereby making a purchase, the Buyer confirms that they have read all the information concerning the ordered Goods provided in the Sales Centre, including the typical basic data on the type of Goods, to the extent necessary to make an informed purchase decision. The Buyer also confirms that they agree to receive the user manual of the Goods in English (user manuals can be found HERE). 
2.10. If the Buyer needs additional information or assistance (for example, to use the product, to specify the warranty conditions), the Buyer can contact the Seller using the contact details given in clause 1.2.  
2.11. The Seller informs the Buyer of the confirmation or rejection of the order within a reasonable time by e-mail. Given that the prices and availability of the Goods may change, the Seller reserves the right to withdraw from the sale. The Seller informs the Buyer immediately by e-mail or telephone of the cancellation of the order and refunds the purchase price paid by the Buyer.
2.12. After the Seller has sent the order confirmation and the prepayment invoice, the Buyer is obliged to make the payment for the ordered Goods in accordance with clause 3 of the Terms and Conditions. When paying for the goods, the Buyer confirms their acceptance of the product and price indicated by the Seller in the order confirmation, these Terms and Conditions and the annexes referred to herein, including the data protection conditions. The Seller will not deliver the Goods until the full payment for the order has been received, unless otherwise agreed. If the full payment has not been made by the payment deadline indicated on the invoice on which the payment is based, the order will be deemed terminated without any further obligations.
2.13. After the payment for the order has been received, the Seller will confirm the payment by e-mail, sending the invoice, the specification of the Goods, in the case of consumer sales the translation of the user manual referred to in clause 2.11 of the Terms and Conditions and the terms of delivery of the Goods in the same e-mail message. In the case of a sale to a consumer, the invoice and the translation of the user manual will be sent on paper or, with the consumer’s consent, by e-mail.
2.14. In the case of a consumer sale, a translation of the English version of the user manual will be issued after the purchase to the extent of the information necessary for the consumer to use the goods in a safe, purposeful and economical manner and to assemble, install, connect, maintain or store the goods correctly and, if necessary, to dispose of them. If the goods are made up of several parts, the user manual will include a list of the parts that make up the goods (components of the set).
2.15. By agreeing to the Terms and Conditions, the Consumer also gives the Seller their consent to store and process their personal data in accordance with the Personal Data Protection Act or any other similar legal act to protect the integrity of the individual in the European Union, the European Economic Area or any other country. 
2.16. The Seller reserves the right to modify the Buyer’s order in relation to available stock or for other objective reasons. The Seller will inform the Buyer of any such changes before the goods are dispatched. The Buyer is obliged to confirm or reject the changes by e-mail within three (3) working days of receipt of the notice from the Seller. If the Buyer fails to comply with this obligation, the Seller has the right to terminate the contract and to not fulfil the submitted order and is released from any liability in this respect.
2.17. The sales contract of goods will be deemed concluded and enter into force when the payment corresponding to the order is received in the Seller’s current account.
 
3. CREATING A USER ACCOUNT IN THE SALES CENTRE
3.1. The Buyer can create a user account in the Sales Centre to place orders and purchase goods. Detailed instructions on how to create a user account can be found HERE. 
3.2. The user account is activated on the day it is created and the person has the right to close it at any time. 
3.3. When creating a user account, the account holder confirms that the name and contact details provided are true, that they are an adult and, when creating an account on behalf of a legal entity, that they have the right of representation. 
3.4. By creating a user account, the person confirms that they understand the purpose of creating a user account (which is to place orders, purchase goods) and that they have read and agree to these Terms and Conditions and their annexes. 
3.5. When creating a user account, the person indicates whether they agree to have invoices and, where applicable, the user manuals of the goods emailed to the e-mail address provided by them. 
3.6. The Buyer is responsible for all transactions made via the Sales Centre using their username and password.
 
4. PRICE OF GOODS AND PAYMENT METHODS
4.1. The prices of all goods sold in the Puidumasin.ee online environment are in euros and include 20% VAT. The Seller reserves the right to change the price of the Goods, but the change in price will not affect the price of the Goods whose order has been accepted by the Seller and paid for.
4.2. The Seller explains that the price labels on the Goods sold in the Seller’s flagship store at the address referred to in clause 1.2 of the Terms and Conditions may be informative and may differ from the prices contained in the database. In the event of a difference between the price indicated on the written label and the price included in the database, the price of the product in the database will apply.  The reason for this is the fact that the Seller does not engage in retail sale or sale of primary goods and cannot change the price labels quickly enough. The Seller will make every effort to keep the price labels up to date, but there may be differences until the transition to new electronic price labels is completed. The main activity of the Seller is wholesale of goods to legal entities, mostly on the basis of a regular customer contract, which is why there is a respective warning on the door of the flagship store (only contractual customers are served).  The Buyer always has the right to withdraw from a purchase in the flagship store. 
4.3. Regular customers who have created an account in the Sales Environment are entitled to the Seller’s loyal customer discounts, the terms and conditions of which can be found at the tooltrade.ee website HERE.
4.4. The Customer will prepay the full amount of the sales price and the delivery fee for the order by making a bank transfer to the Seller’s bank account indicated on the prepayment invoice. The payment deadline indicated on the invoice applies to the Goods handed over with an invoice. Overdue invoices will be subject to a late fee of 0.25% per day. The Seller has the right to add the Customer to the Credit Register by notifying the Customer thereof seven (7) days in advance. 
4.5. The delivery fee will be added to the sales price of the Goods if the Buyer does not collect the ordered Goods themselves from the flagship store of Tooltrade Baltic OÜ at the address given in clause 1.2 of the Terms and Conditions. Unless otherwise stated in the offer, the price of the Goods does not include the cost of delivery of the Goods or any fees, taxes or other charges relating to the Goods and such costs are borne by the Buyer. The fee for delivery of the Goods depends on the location of the Buyer and the delivery method chosen by the Buyer. 
4.6. The Seller has the right to withdraw from the sale and reclaim the Goods from the Buyer if the price indicated in the Sales Centre in error is significantly below the market price of the Goods (for example, it is a clear error if Goods costing several hundred euros are sold for twenty-odd euros and we therefore expect the Buyer to understand that this is an error and the Goods should not be sold at such a price).
4.7. The Customer will prepay the full amount of the sales price of the Goods and the delivery fee for the order by making a bank transfer to the Seller’s bank account indicated on the prepayment invoice.  A service fee may be added to the price of the order in accordance with the contract concluded between the Buyer and the issuer of the bank card or credit card, the content of which is known to the Seller. 
 
5. DELIVERY AND RECEIPT OF GOODS
5.1. The Goods can be ordered to the Seller’s store at the address specified in clause 1.2 of the Terms and Conditions, to the parcel terminal of the selected service provider or to the address indicated by the Customer using the courier service. 
5.2. Read more about the terms of delivery HERE.
5.3. The Goods are sent to the following countries: ………………………….. If the Goods are sent outside the aforementioned area, the Buyer must separately agree with the Seller on the transport method, location and cost or, in the absence of such an agreement, come to collect the Goods themselves or via a representative at the Sellers store at the address specified in clause 1.2. If the Goods have been purchased by a Buyer whose address is outside the aforementioned area and the Buyer has not agreed with the Seller on the terms of delivery of the Goods, the Buyer will be able to collect the Goods from the Seller’s flagship store at the address specified in clause 1.2 within 14 days from the date of entry into force of the sales contract. 
5.4. The Buyer must monitor the accuracy of the information provided to the Seller in order to avoid misunderstandings and delays in the delivery of the Goods. The Seller cannot be liable for delays in the delivery of the Goods if these are caused by inaccurate information provided by the Buyer.
5.5. The time for processing orders set out in clause 2.3 of the Terms and Conditions must be taken into consideration when receiving the Goods.
5.6. Collection of the Goods from the Seller’s store:
5.6.1. The delivery of the Goods will take place during the opening hours of the Seller’s store, which are given on the website tooltrade.ee 
5.6.2. The goods are handed over to the Buyer on the basis of an identity document (ID card, passport, driving license) and the invoice related to the order. If no identification is presented, the Seller may refuse to hand the goods over. The right of representation that is not set out in public registers must be certified by a power of attorney.
5.6.3. The Seller is not liable for damage caused to the Buyer if, due to reasons not arising from the Seller, third parties have obtained a copy of the invoice and/or forged a power of attorney and the Goods have been received on the basis thereof.
5.6.4. No additional delivery fee is charged if the Goods are collected at the Seller’s store.
5.6.5. If the Customer fails to collect the goods within 14 calendar days, the Seller considers the order cancelled by the Buyer and the Seller refunds the purchase amount to the Buyer immediately, but no later than within 14 calendar days, to the same bank account from which the payment for the purchase was made. The Seller has the right to deduct from the amount to be refunded the costs incurred by the Seller as a result of the Buyer’s failure to collect the goods.
5.7. Collection of the Goods from a parcel terminal:
5.7.1. The price of delivery is added to the price of the Goods if the Goods are delivered to the parcel terminal selected by the Buyer. 
5.7.2. The Buyer will be notified of the arrival of the goods in the parcel terminal by text message to the number provided by the Buyer to the Seller. The text message contains the unique door code to open the parcel terminal door.
5.7.3. The Seller is not liable for damage caused to the Buyer if, due to reasons not arising from the Seller, third parties have gained possession of the unique code of the parcel terminal and the Goods have been received on the basis thereof.
5.7.4. If the Buyer has not collected the Goods from the parcel terminal by the end of the deposit period, the Seller considers the order cancelled by the Buyer and the Seller refunds the purchase amount to the Buyer immediately, but no later than within fourteen (14) days, to the same bank account from which the payment for the purchase was made. The Seller has the right to deduct from the amount to be refunded the costs incurred by the Seller for the dispatch and return of the Goods, which were caused by the failure to deliver the Goods to the Buyer for reasons beyond the control of the courier.
5.8. Receipt of goods by courier:
5.8.1. A delivery charge will be added to the price of the Goods when courier is selected as the delivery method. 
5.8.2. The Buyer must ensure that the Goods are received at the time and place agreed. If the delivery of the goods fails due to reasons independent of the courier on two consecutive occasions, the goods will be returned to the terminal of the courier company. In this case, the Buyer can contact the courier within fourteen (14) days and ask for the goods to be sent again by courier to the delivery address indicated by the Buyer. If the aforementioned attempts to deliver the Goods to the Buyer fail, the Seller considers that the Buyer has withdrawn from the order and the Seller refunds the purchase price to the Buyer immediately, but no later than within fourteen (14) days, to the same current account from which payment for the purchase was made. The Seller has the right to deduct from the amount to be refunded the costs incurred by the Seller for the dispatch, return and depositing of the Goods, which were caused by the failure to deliver the Goods to the Buyer for reasons beyond the control of the courier.
5.9. The delivery of goods within Estonia takes place within 3-7 working days on average from the entry into force of the sales contract, i.e. the payment for the order in full.  Outside Estonia, the delivery of the Goods within the European Union in the region specified in clause 5.2 takes 7-30 days on average. In the rest of the region, the delivery of the Goods takes place by agreement with the Buyer and under special conditions (the delivery time depends on the time offered by the courier). 
5.10. The risk of accidental loss of and/or damage to the Goods and any other related risk will pass to the Buyer at the moment the Goods are delivered to the place of delivery. If the Seller is unable to deliver the Goods for reasons related to the Buyer, the risk of accidental loss and/or damage to the Goods and any other related risks will pass to the Buyer from the moment the Seller has duly fulfilled its obligation to deliver the Goods to the Buyer.
5.11. Inspection of goods:
5.11.1. The Buyer is obliged to inspect the Goods thoroughly immediately after receipt and check that all parts are undamaged and in conformity with the order. Before signing the consignment note submitted by the courier, the package of the Goods must be inspected and a note must be made on the containment note if any damage is found. When the Goods are collected from a parcel terminal, the Buyer must inspect the packaging of the Goods and inform the Seller immediately in the case of any damage. Before accepting the Goods, we advise you to check the packaging of the product and to not accept the goods if there is any external damage. Immediately upon receipt of the parcel, the Buyer records in writing (on the shipping document) any defects indicating damage to the Goods during delivery as well as any other visible non-conformities that the Buyer noticed or should have noticed upon receipt of the Goods and immediately notifies the Seller thereof. In the case of other defects or non-conformities, the Buyer has the right to file claims only if such claims have been submitted to the Seller in writing (by e-mail) within fourteen (14) days of receipt of the Goods. If the Buyer breaches any provision of clause 5.11, the Seller has the right to refuse to accept the Buyer’s claims in respect of the Goods or their delivery. For the avoidance of doubt, it is appropriate to clarify that the previous sentence does not apply to consumers.
4.11.2. Upon receipt of the Goods, the Buyer must open the product packaging carefully, without damaging the packaging and the products. If the Buyer has damaged the packaging due to negligence, i.e. it was possible to open the product packaging without damaging it, the Seller has the right to claim compensation for the damage caused when returning the goods. If the product packaging cannot be opened without damaging/breaking it, the Buyer is not responsible for the damaged packaging.
5.12. Without prejudice to the provisions of the Terms and Conditions, the Goods ordered by the Buyer are not returnable, refundable or exchangeable.
5.13. If the Goods ordered cannot be delivered because they are out of stock or for any other reason, the Buyer will be notified thereof as soon as possible and the amount paid (including the cost of delivery of the goods) will be refunded immediately. Depending on the payment method, it can take up to 10 working days to process a payment order for a refund. The Seller is not liable for any delays caused by payment institutions. 
 
6. OWNERSHIP
6.1. The ownership the Goods will be transferred to the Buyer after the price of the Goods and all related payments have been paid to the Seller in full.
6.2. Before the transfer of ownership, the Buyer does not have the right to make any promises or pledges in relation to the Seller’s Goods, and such promises or pledges are not binding on the Seller.
 
7. PROCESSING OF PERSONAL DATA OF CUSTOMER
7.1. The Seller will use the data provided by the Buyer, including personal data, in accordance with the Personal Data Protection Act, other applicable legislation and the data protection conditions referred to in clause 7.2 to the extent necessary for the use of the Sales Centre, the fulfilment of the order placed by the customer in the online store and the performance of the sales contract. The Seller also has the right to send notifications to the Buyer for the better or more secure use of the Sales Centre and to store the data of orders, including incomplete orders, in the Buyer’s Sales Centre account for a reasonable period of time. 
7.2. More detailed principles of personal data processing, i.e. the privacy policy, are published HERE. 
7.3. The Buyer confirms that they have read and agree to the terms and conditions of data protection. 
7.4. The Consumer acknowledges that the Seller may process the Consumer’s personal data in accordance with the terms and conditions of the contract, for the performance of the contract entered into with the Consumer, in accordance with the Consumer’s request, and may transfer the aforementioned data to persons used by the Seller for the performance of the contract entered into with the Consumer, who are thereby obliged to ensure the protection of the Consumer’s personal data. The Seller reserves the right to send to the person’s e-mail address information about its products and offers if the person has subscribed to the Seller’s newsletter or has given consent to the use of their data for marketing purposes by entering into a contract or otherwise. The Buyer has the right to withdraw the consent given for use of the data for marketing purposes at any time by sending the respective e-mail to the Seller or to opt out of receiving further direct marketing offers by following the instructions in the direct marketing offer sent to their e-mail address.
 
8. INTERMEDIATION OF MANUFACTURER'S WARRANTY
8.1. The Seller intermediates the manufacturer’s warranty. The manufacturer’s warranty gives the Buyer the right, during the warranty period, to have the item repaired free of charge at the manufacturer’s expense or, if the repair is impossible or fails, to have the item replaced.
8.2. The exact conditions, scope and duration of the warranty are specified in the user manual of each product group. In the event of a conflict, the warranty conditions set out in the user manual of the specific product group will apply.
8.3. The manufacturer’s warranty is valid on the condition that the manufacturer of the Goods has granted a warranty to the respective Goods and has clearly stated this in the sales documents accompanying the Goods, including the user manual. The user manuals of the equipment sold in the Sales Centre are available HERE.
8.4. The manufacturer’s warranty does not preclude or restrict the Buyer’s right to use other legal remedies arising from law (the right to file a complaint – in the event of a defect, the Buyer may turn to the Seller with a complaint about the purchased goods within two years after the defect became evident).
8.5. The validity of the warranty of the Goods purchased from the Sales Centre must be evidenced by a sales invoice and a document confirming payment. 
8.6. In the case of a manufacturer’s warranty, the duration of the manufacturer’s warranty for the particular product is stated in the sales documentation of the respective equipment. 
8.7. The manufacturer’s warranty starts from the moment of delivery of the goods to the Buyer and expires at the end of the warranty period specified by the manufacturer. 
8.8. The warranty provided by the manufacturer covers defects in the equipment that have not become apparent or have arisen due to circumstances attributable to the Buyer and that become apparent within the period of the manufacturer’s warranty. The warranty period starts from the date of delivery of the equipment to the Buyer.
8.9. During the period of the manufacturer’s warranty, any defects in the equipment will be repaired under the warranty at the manufacturer’s expense. If the repair is impossible or impractical, the equipment will be replaced or compensated for by the manufacturer. In order to exercise the rights under the manufacturer’s warranty, the Buyer must contact the Seller’s representative. Upon the respective request of the Buyer, the Seller is obliged to explain to the Buyer the conditions established by the manufacturer of the equipment, including the warranty conditions.
8.10. A new warranty with the same duration as the initial warranty is provided for the equipment replaced during the warranty period and in the event of the repair of the equipment, the warranty will not be extended by the duration of the repair. The warranty does not cover the defects that have become apparent in the equipment if the defects have become apparent or emerged due to circumstances dependent on the Buyer, including but not limited to external reasons and wrongful conduct; incorrect or non-purposeful use of the product; normal wear of the product during use; failure to follow the instructions in the document included in the user manual; repairs, attempted repairs or other activities performed by a person not certified by the manufacturer; inadequate maintenance (including failure to perform the regular maintenance set out in the document provided with the Goods), incorrect installation methods, incorrect use and defects caused by other external factors, such as (but not limited to) damage caused by liquids or moisture, mechanical damage (including a fall, a shock, a knock, shaking, dirt); if the serial number, control sticker, etc. of the equipment and/or detail has been changed or removed, etc.
8.11. If the Buyer has failed to duly comply with the conditions specifying the manufacturer’s warranty, including the conditions set out in the user manual and the warranty, or if any of the circumstances described in the previous clause are found to exist on the equipment, this will result in the expiry of the warranty. 
8.12. The Seller is not obliged to reimburse the cost of replacing products which have perished during the warranty period. 
 
9. FORCE MAJEURE
9.1. The Seller has the right to cancel the order and not be held liable for the full or partial non-performance of its contractual obligations if this was caused by force majeure, such as fire, flood, earthquake, war, strike, amendments to legislation, acts or omissions of the manufacturer or carrier of the goods or any other circumstances beyond the Seller’s control and the Seller could not have foreseen such circumstances when entering into this contract. Provided that the Seller could not have avoided such a circumstance and its consequences and such circumstances have a direct effect on the performance of this contract. In this case, the deadline for the performance of its contractual obligations extends by the period during which such circumstances occur.
9.2. Upon the emergence of force majeure, the Seller must immediately, but no later than within ten (10) days, inform the Buyer of such circumstances and their expected duration.
10. GENERAL CONDITIONS FOR WITHDRAWAL FROM THE CONTRACT BY THE BUYER
10.1. The Buyer, whether a legal entity or a natural person, has no right to withdraw from the sales contract in the case of products manufactured according to the drawings or instructions sent by the customer (special order).
10.2. The general rules on withdrawal from a sales contract under the Law of Obligations Act, including that withdrawal without cause is not permitted, apply to a Buyer who is a legal entity. A Buyer who is a legal entity has the right to terminate the sales contract regardless of the reason (for example, the Buyer does not need the item ordered) by agreement with the Seller in a format that can be reproduced in writing. Only Goods returned in their original packaging, which is undamaged and clean, can be returned and exchanged. The product itself must also have no signs of use or damage. 
10.3. We will refund the money for returned products to your bank account without delay but no later than 14 days after the withdrawal. In addition to the cost of the Goods, the postage for the delivery of the Goods is also refundable, except in cases where the customer requested in writing that the Goods be transported directly from the factory (by air etc.). The postage for the return of the Goods is paid by the Buyer.
 
11. WITHDRAWAL RIGHT OF CONSUMER
11.1. The rights and obligations set out in this clause only apply to consumers when making purchases in the Sales Centre (i.e. not applicable in the cases where the Buyer is a legal entity).
11.2. The consumer has the right to return the ordered Goods to the Seller within fourteen (14) days of the receipt of the Goods without giving any reason. During the 14-day right of withdrawal, the consumer is obliged to comply with all laws and regulations applicable to the use of the goods and to keep the Goods in good condition. The consumer’s 14-day right of withdrawal does not apply if the consumer has purchased the goods in the Seller’s flagship store.
11.3. In order to exercise the consumer’s 14-day right of withdrawal and the right to return the Goods, the ordered Goods may not be used in any other manner than that necessary for checking the nature, qualities and functioning of the Goods as permitted when testing the Goods in a store (brick-and-mortar store). If the Goods have been used in a manner other than that referred to in the previous sentence or show signs of use or wear, the Seller is entitled to reduce the refundable amount in proportion to the reduction in the value of the Goods. If the Buyer does not agree with the decrease in value indicated by the Seller, the Buyer has the right to consult an independent expert to establish the decrease in value. The expenses of the independent expert will be paid by the party whose opinion is not substantiated. If identifying this party proves impossible, the costs related to the expert assessment will be divided in half between the Buyer and the Seller.
11.4. In order to exercise the right of withdrawal provided for in this chapter and to return the Goods, the consumer will submit to the Seller a written request of withdrawal, which may be in a free and unambiguous format or in the format set out in the annex to the Regulation of the Minister of Justice, available at https://www.riigiteataja.ee/aktilisa/1030/1201/4001/JM_m41_lisa1.pdf#.  
11.5. A sample guideline on consumer withdrawal from a contract, established by the Minister of Justice, is available here: 
https://www.riigiteataja.ee/akt/103012014001?dbNotReadOnly=true&RIIGITEATAJA_AADRESS=https%3A%2F%2Fwww.riigiteataja.ee&RIIGITEATAJA_AADRESS_HALDUS=https%3A%2F%2Fwww.riigiteataja.ee
11.6. The consumer’s request for withdrawal from the sales contract must be sent to the Seller at the following address: Turu 63, 50106 Tartu, Estonia by letter or emailed to info@puidumasin.ee no later than fourteen (14) days after receipt of the Goods.
11.7. The consumer’s withdrawal request will be deemed valid if the Seller receives it within fourteen (14) days of delivery of the Goods or if the Buyer provides proof that they have handed over the goods to be returned to the carrier within this period. The Seller will inform the consumer of the receipt of the request immediately by e-mail.
11.8. In the event of withdrawal, the consumer is obliged to return the goods to the Seller immediately, in the same condition in which they were received and in the original packaging, with the information leaflet and the user manual, but no later than fourteen (14) days after the date of withdrawal. The consumer is not obliged to return the Goods if the Seller has agreed to collect the item in a format that can be reproduced in writing.  If the consumer fails to return the Goods by the deadline set by the Seller, the right to return the Goods is deemed to have expired.
11.9. The Seller is obliged to return all payments received for the Goods bought by the consumer (including transport costs) within fourteen (14) days of receipt of the withdrawal request. The Seller will pay the refund specified in this clause by bank transfer to the bank account used by the consumer to make the payment.
11.10. Without prejudice to the foregoing, the Seller has the right to refuse to make a refund until the consumer has returned the ordered Goods to the Seller or has provided proof of return.
11.11. The consumer pays all direct costs (including, but not limited to, delivery costs) of returning the Goods delivered to the consumer in accordance with these terms and conditions of sale.
11.12. If part of an order is returned, the postage fees paid at the time of placing the order will be refunded in proportion to the number of products returned.
 
12. OTHER TERMS AND CONDITIONS
12.1. The relations between the Buyer and the Seller are governed by the legislation in force in the Republic of Estonia. In the case of a sale to a consumer outside the Republic of Estonia, the legislation of the Republic of Estonia, the legislation of the European Union and, in the case of resolution of disputes, the legislation of the country of the consumer’s place of residence apply.
12.2. The images on the website are for illustrative purposes only. Most of the images are about a specific group. For example, end mills that have the same shape but differ in terms of some technical specifications (radius, cutter length, etc.). Many of the images are taken by ToolTrade Baltic OÜ and copying them or using them in any other manner is prohibited, except by written agreement (e.g. contracted resellers who are not granted the right to pass on the images to third parties for use). In the event of a breach of the foregoing obligation, the person must compensate the Seller for the damage caused. If a dispute cannot be resolved by agreement, the Seller has the right to take the matter to court. 
 
13. LIABILITY AND RIGHT TO FILE COMPLAINTS
13.1. The Seller is liable for any lack of conformity of an item that exists at the time when the risk of accidental loss of or damage to the item passes to the Buyer even if the lack of conformity becomes apparent after that time. 
13.2. The Buyer has the right to withdraw from the sales contract if:
13.2.1. the Seller has not completed the repair or replacement of the item within a reasonable time;
13.2.2. the Seller has refused to bring the goods into conformity with the terms and conditions of the contract because the item cannot be repaired or replaced or if this would result in unreasonable costs for the Seller, taking into consideration all the circumstances, including the value the item would have had if the lack of conformity had not occurred and the significance of the lack of conformity;
13.2.3. any non-conformity with the terms and conditions of the contract occurs despite the Seller’s efforts to bring the goods into conformity with the terms and conditions of the contract;
13.2.4. the non-conformity with the terms and conditions of the contract is so serious that it justifies immediate withdrawal from the sales contract; or
13.2.5. the Seller has notified or it is clear from the circumstances that it will not bring the Goods into conformity with the contract within a reasonable time or, in the case of a consumer sale, without causing significant inconvenience to the consumer.
13.3. In the event of consumer sale, the Seller is liable for any lack of conformity of an item which becomes apparent within two years of the date of delivery of the item to the Buyer. In the case of a consumer sale, a non-conformity with the terms and conditions of the contract which has become apparent within one year of the delivery of the goods to the Buyer will be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the Goods or the nature of the deficiency. After twelve months, the Buyer must prove the Seller’s liability.
13.4. In the event of non-conformity of the object of the sales contract with the terms and conditions of the contract, the consumer has the right to use the following legal remedies: to require performance of the obligation (1); to refuse performance of their outstanding obligation (2); to claim damages (3); to withdraw from the contract (4); to reduce the price (5); to claim interest for late payment (6).
13.5. In the event of a defect in the Goods, the consumer has the right to contact the Seller within two months by letter, e-mail or telephone using the contact details provided in clause 1.2 of the Terms and Conditions of Sale. 
13.6. A Buyer who is a legal entity is obliged to notify the Seller of the non-conformity of the Goods with the terms and conditions of the contract within a reasonable period of time, i.e. within 30 days of the deficiency becoming apparent. After that, the Buyer will not be able to rely on the Goods being deficient. 
13.7. The Seller is not liable for deficiencies that have occurred due to the consumer’s acts or omissions (incorrect use, accident, etc.) after the goods were delivered or in the case of normal wear and tear caused by ordinary use of the item.
13.8. If an item does not conform to the contract, the Buyer may demand the repair of the item or the delivery of a substitute item from the Seller if this is possible and does not cause the Seller disproportionate costs or unreasonable inconvenience compared to the use of other legal remedies, considering, inter alia, the value of the item, the significance of the lack of conformity and the opportunity for the Buyer to acquire an item that conforms to the contract from elsewhere without significant inconvenience.
13.9. If the non-conformity must be remedied by way of repair or replacement, the Buyer will make the item available to the Seller. If the Seller replaces the defective item with an item that complies with the terms and conditions of the contract or compensates for it, the Buyer will return the defective item to the Seller and it will not be returned to the Buyer.
13.10. The Seller may refuse to bring the goods into conformity with the terms and conditions of the contract because the item cannot be repaired or replaced or if this would result in unreasonable costs for the Seller, taking into consideration all the circumstances, including the value the item would have had if the lack of conformity had not occurred and the significance of the lack of conformity.
 
14. RESOLUTION OF DISPUTES
14.1. Please send any complaints about the Sales Centre and the purchases made there to Turu 63, 50106 Tartu, Estonia, or by e-mail to info@puidumasin.ee or call us on +372 716 8088.
14.2. The complaint must include the customer’s name and contact details, the date of the complaint, a description of the defect in the Goods, the content of the claim and the document proving the purchase of the Goods or the date and number of the unpaid invoice.   
14.3. The Seller will reply to the consumer’s complaint in writing or in a format that can be reproduced in writing within 15 days. 
14.4. The Parties make their best effort to settle any disputes, controversies or claims arising from or affecting the Terms and Conditions by way of negotiations.
14.5. If the parties fail to reach an agreement by way of negotiations, any dispute, controversy or claim arising from or relating to the Terms and Conditions or the breach, termination or validity of the Contract will be resolved in the Tartu Courthouse of Tartu County Court, Estonia. 
14.6. If the Buyer is a consumer and their place of residence is in Estonia, the consumer has the right to contact the 
14.6.1. Consumer Disputes Committee of the Consumer Protection and Technical Regulatory Authority https://ttja.ee/tarbijavaidluste-komisjo
14.6.2. of Tartu County Court. 
The agreement on jurisdiction is entered into, among other reasons, in the event that the Buyer moves to a foreign country after entry into the agreement or if they transfer their place of business or registered office there or if their place of business, residence or location is unknown at the time the action is filed.
14.7. If the Buyer is a consumer and their place of residence is not in Estonia, the consumer has the right, in addition to the rights in clause 14.6, to turn to the competent court or body in the Buyer’s country of residence, which has been established for the resolution of consumer disputes or to the European Online Dispute Resolution platform, which can be used for out-of-court dispute resolution and is available here: https://ec.europa.eu/consumers/odr/main/?event=main.trader.register#inline-nav-1. In the event of cross-border disputes, the consumer can obtain further information from the European Union website https://consumer.ee/en/filing-a-complaint/.