valid from June 11th 2021
last update on August 24th 2023
1. GENERAL TERMS
The seller i.e. owner ofthe Kavial webshop (hereinafter referred to as online store) is Kavial OÜ (registry code 10060472), located at J. Smuuli tee 42 / Vesse 3, 11415, Tallinn, Estonia.
These Terms of sale apply to purchases of goods from the online store, but also by phone, fax or by enquiry form located at seller's website.
The prices ofthe products sold in the online store are indicated next to the products. A fee for shipping is added to the price. All prices are in Euros.
A fee for shipping is added to the price. The shipping cost depends on the location ofthe purchaser and the shipping method. The shipping cost is displayed when the purchaser places the order.
Product information is provided immediately adjacent to the product in the online store or in catalogues.
2. ORDER PLACEMENT AND PAYMENTS
2.1. Order processing deadlines
Orders are processed every workday from 8:30 till 17:00. In case if order was placed at the end ofthe day, at weekend or state holiday, order confirmations, invoices, price offers or other documents and e-mails confirming the processing ofthe order will be sent only on the next (nearest) working day.
2.2. Order placement and payments in webshop
2.2.1. Webshop general terms
The seller will forward order confirmation and all required payment requisites to the buyer's e-mail. The buyer pays for the goods, indicating the webshop order number in the payment details field.
The contract enters into force when the amount payable is transferred to the bank account ofthe online store.
If seller cannot deliver the ordered goods due to stock running out or for any other reason, the purchaser will be informed as soon as possible and the money paid (including the shipping cost) will be refunded promptly, but no later than within 14 days of receiving the notification.
2.2.2. Webshop order payment terms
If buyer fail to pay for the order within 10 working days from the order placement date, order will be canceled automatically.
2.2.3. Webshop order total minimum
Webshop order total minimum is 10 euros.
2.2.4. B2B solution
The online store does not allow making purchases, creating a special account or any other solution for customers with a loyal customer contract. Customer with a valid loyalty contract will not see the any contract specific discounts in webshop.
In a case, when customer with a valid loyal customer agreement decide to buy something in webshop, discounts will be applied manually by Kavial OÜ webshop administrator. Administrator may require customer's ID or letter of attorney from contract's owner.
2.2. Order placement and payments by telephone, fax, e-mail or inquiry form
The buyer has the opportunity to place an order by making an enquiry via telephone, fax, e-mail or the enquiry form located on the seller's website.
The seller willforward written offer or quotation, which is valid for 30 calendar days from the day the offer is formalised, unless specified otherwise in the offer.
The buyer must confirm the order. A written order confirmation will be sent back only at the buyer's request.
After order confirmation, the seller willforward prepayment invoice to the buyer's e-mail. The buyer pays for the goods within specified period, indicating the invoice number in the payment details field.
If buyer failto pay for the order within payment terms, the seller has the right to cancelthe order.
In case of delay in payment, the seller has the right to demand from the buyer late payment interest 0.1% (zero point one percent) on the sum unpaid by the prescribed term for each delayed day.
2.3. Order placement and payments in store
At the cash desk in Kavial office, you can pay in cash or via the card terminal with Visa / Mastercard debit or credit cards.
The buyer has the opportunity to pickup goods and pay on the spot, in store. This procedure must be pre-arranged between parties. The person must be either the actual buyer or the buyer's authorized representative, confirming the purchase / pickup right with ID or letter of attorney (POA).
3. RECIEVING OF GOODS AND CARRIER SERVICE
3.1. Delivery general terms
The goods will be dispatched / handed over to courier only after receipt of payment is confirmed by the seller, unless the parties have arranged otherwise in advance.
The purchaser bears the shipping cost and the respective price information is displayed next to the shipping method.
The goods are delivered to Estonia and European Union countries. Webshop orders are available for delivery within Estonia, Latvia, Lithuania and Finland only. Worlwide delivery is by agreement only.
If ordered item's delivery time increases significantly, the buyer will be notified as soon as possible, and in this case the buyer has the right to cancelthe order.
Orders are dispatched every workday from 16:00 to 17:00.
3.2. Courier or parcel locker services
Kavial OÜ main delivery partner is DPD Eesti AS.
Max package dimensions for parcel lockers:
- Height 37cm
- Width 40cm
- Depth 60cm
- Weight up to 20kg
Max package dimensions for courier:
- Package longest side not exceeding 175cm
- Single box max weight up to 31,5kg
- Single halfpallet weight up to 239kg
- Single pallet weight up to 700kg
3.3. Delivery method by agreement
If package dimensions exceeding all safe values for courier or parcel locker service, delivery method then chosen by agreement. Webshop orders are updated with cheapest transportation method available by default in this case.
Customer can offer his own carrier/transport method. In this case it is neccessary to write a note in Additional information / Order notes field on order confirmation page or simply reply on order confirmation e-mail.
In exceptional cases, the buyer has the opportunity to order to countries not listed in the webshop's locations list and also choose a delivery method which is not listed in webshop's delivery methods list. In this case, it is necessary to place the order either by e-mail, phone, fax or enquiry form and agree on details with Kavial OÜ customer service.
4. RIGHT OF WITHDRAWAL
After receiving the order, the purchaser has the right to withdraw from the contract entered into with the e-store within 14 days. The right to withdraw from the contract does not apply ifthe buyer is a legal person (legal ground: Law of Obligations Act § 1 (5), § 56 (1)).
To exercise the 14-day right of withdrawal, you must not use the ordered goods in any way other than is necessary to ensure the nature, characteristics, and functioning ofthe goods in the same way you would be allowed to test the goods in an actual store.
Ifthe goods have been used for any purpose other than is necessary to ensure the nature, characteristics, and functioning ofthe goods, or ifthere are any signs of use or wear and tear, the online store has the right to lower the amount returned in accordance with the decrease in the value ofthe goods.
To return the goods, customer must submit a declaration of withdrawal (written in free form, but with indicated bank account number and order or prepayment number) to firstname.lastname@example.org or use a refund claim form on Kavial website. Declaration must be applied within 14 days from the date of receipt.
The purchaser shall bear the cost of returning the goods, except in cases where the reason for the return lies in the fact that a refundable product does not comply with the order (e.g. a wrong or defective product).
The purchaser must return the goods within 14 days ofthe submission ofthe declaration of withdrawal or submit evidence that they handed over the goods to the carrier within the aforementioned period.
Upon receiving the returned goods, the online store shall return to the purchaser, immediately but no later than after 14 days, all ofthe payments received from the purchaser based on the contract.
The online store has the right to refuse to make a refund untilthe goods being returned are received or untilthe buyer has provided proof of returning the products, whichever occurs first.
Ifthe buyer has clearly chosen a different form of shipment than the cheapest usualform of shipment offered by the online store, the store is not required to compensate the cost exceeding the usual shipping cost.
The online store has the right to withdraw from the sale and demand that the goods be returned by the purchaser ifthe marked price ofthe goods in the online store is significantly lower than the market price ofthe goods due to an error.
14-day right of withdrawal does not apply to goods purchased locally at the Kavial OÜ store and to customers with a loyal customer contract. In this case, the parties must agree on the terms of withdrawal separately.
The online store is responsible for the non-compliance of goods sold to a purchaser with the terms and conditions ofthe contract or for deficiencies which already existed at the time of delivery and which occur within two years of delivering the goods to the purchaser. Within the first six months of delivery, it is assumed that the defect was present at the time of delivery. It is the online store's responsibility to prove otherwise.
The online store is not liable for any defects arising after delivering the goods to the purchaser, including damages caused by inaccurate exploitation or not intended use ofthe goods.
If goods bought from the online store have defects for which the online store is responsible, the online store will repair or replace the defective goods. Ifthe goods cannot be repaired or replaced, the online store shall return to the purchaser all ofthe payments involved in the contract of sale.
The online store will respond to the consumer 's complaint in written form or in a form that enables written reproduction within 15 days.
Kavial OÜ is responsible for personal data processing.
Kavial OÜ uses the personal data entered by the buyer only to process the order and send the goods to the buyer.
Kavial OÜ transfers personal data to delivery partner in order to deliver the goods.
7. IRRESISTIBLE FORCE (FORCE MAJEURE)
Non-fullfilment of obligations described in current Terms of sale shall not be considered as violation if caused by impediments which occurrence the parties did not foresee or could not have foreseen (force majeure).
According to current Terms of sale force majeure is considered as:
- general strike, mass unrest
- natural disaster
- act of authorities which significantly impedes obligations fullfilment
- other unlisted circumstances that both parties accept as force majeure
The party whose activity is impeded due to force majeure circumstances shall immediately notify the other party in written form.
8. DISPUTE RESOLUTION
Ifthe purchaser and the online store are not able to settle the dispute by agreement, the purchaser may contact the Consumer Dispute Committee. The Consumer Dispute Committee is competent to resolve disputes arising from a contract between a purchaser and the online store. The resolution of disputes by the Consumer Dispute Committee is free of charge for the purchaser.
A purchaser may also turn to the dispute resolution bodies ofthe European Union.