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FRAMEWORK TERMS OF THE SALE AGREEMENT OF AERIN 24 OÜ

Valid from 14.08.2023

These framework conditions (hereinafter the Framework Terms) form an integral part of the sales contracts that Aerin 24 OÜ, registry code 16769582, address Tallinn, Vikerlase tn 13-279, 13616 (hereinafter the Seller) concludes through the electronic environment (e-shop www.aerin.ee) with its customers ( the customer will be the Buyer from now on).

1. Purpose and object of the framework conditions

  • The Seller sells and the Buyer buys the products and services offered by the Seller (hereinafter referred to as the Goods) in accordance with the procedure and conditions prescribed by the Framework Terms and Conditions.
  • The purpose of the framework conditions is to regulate the relationship between the Seller and the Buyer when the Buyer purchases the Goods offered by the Seller. On the basis of the framework conditions, the Buyer submits orders to the Seller and the Seller fulfills the corresponding orders. For each specific sales transaction, the Seller and the Buyer conclude a sales contract by submitting and confirming the order (hereinafter the Contract).
  • The selection of services and products included in the goods is not fixed and may change over time. The seller has the right to unilaterally change the selection of goods at any time, i.e. stop offering a product or service or even an entire category of goods. However, accepted orders are subject to fulfillment in accordance with this Agreement or, in the absence of the possibility of fulfillment, to credit the cost of the paid and undelivered Goods.
  • The exact quantity and list of Goods sold to the Buyer shall be determined by the order submitted by the Buyer to the Seller under the Agreement.

2. Placing an order

  • To purchase goods, the Buyer submits an order to the Seller in the Seller's electronic environment (e-shop www.aerin.ee). The order must contain the following:

- which product indicated in the Seller's product selection is ordered by the Buyer;
- what is the quantity of the ordered product;
- what is the price of the ordered product;
- what is the description of the ordered product;
- what is the unique code of the ordered product.

  • The buyer places orders on the basis of an individual username and password chosen during registration. The buyer has the right to change the password, but this does not affect his rights and obligations under this contract. All orders placed through the specified user ID are considered orders of the Buyer and are binding on the Buyer. The Buyer bears the risks arising from the possible misuse, unauthorized use and theft of the username and password.
  • The Seller submits a confirmation of acceptance for order fulfillment to the e-mail address specified in the Seller's electronic environment or user ID after receiving the Buyer's order. The sales contract for a specific order is deemed to have been concluded upon confirmation of the order.
  • The approximate delivery time of the Goods depends on the type and manufacturer of the Goods and is specified in the Seller's electronic environment. The mentioned delivery date is approximate and is not a binding contract condition. The seller bears no responsibility for exceeding the deadline. The buyer has the right to cancel his order only in agreement with the seller.
  • If it is impossible to fulfill the order under the conditions indicated in the order, in particular in the quantity indicated in the order, in the selection of goods or within the indicative delivery deadline specified in the Seller's electronic environment, the Seller undertakes to notify the Buyer of this immediately after the impossibility of order fulfillment appears, but no later than when the delivery deadline has passed. In this case, non-fulfilment or improper fulfillment of the order is not considered a breach of the sales contract.

3. Price of goods and terms of payment

  • The Buyer undertakes to pay for the Goods in accordance with the Seller's price list valid at the time of placing the order, which is available in the environment of the e-shop www.aerin.ee. The seller has the right to unilaterally make changes to the price list. Changes made in the price list do not apply to orders confirmed by the Seller before the price list is changed. What is stated in the last sentence does not apply if the ordered Product is not available in the warehouse - in this case, the Seller has the right to change the price in agreement with the Buyer, and if no agreement is reached, the Buyer has the right to cancel the unfulfilled part of the order and get the paid advance payment back.
  • The Seller has the right to present the Buyer with an invoice for the ordered goods immediately after confirming the order in accordance with point 2.
  • The buyer pays the seller for the goods on the basis of the invoice provided by the seller no later than the payment deadline specified in the invoice. Payment of the purchase price is deemed to have been made upon receipt of the amount indicated on the invoice (including VAT) to the Seller's bank account. The seller has the right to suspend the execution of subsequent orders (the due date of which is after the due date of payment for the previous order) until the obligations related to the previous order are fulfilled.
  • Payment methods for individuals and legal entities: Bank cards (when placing an order directly on the website) Visa and/or MasterCard, as well as Bank transfers to the Seller’s account.

4. Transfer of goods, transfer of ownership and risk

  • The Seller delivers the goods to the Buyer at the location specified by the Buyer in the e-store www.aerin.ee environment when the Order is concluded (hereinafter the Delivery Location). The transport of the goods to the place of delivery is organized by the Seller, the transport costs of the goods are borne by the Buyer according to the courier's price list. If the Buyer has not chosen the transport option, the place of delivery is the goods delivery point of Aerin 24 OÜ (the current address with working hours is described in the electronic environment www.aerin.ee).
  • The buyer is obliged to receive the goods at the place of delivery on the agreed due date (including time). If the Delivery Place is located at the Buyer's place or if it is determined by the Buyer, the Buyer undertakes to accept the Goods at the Delivery Place on working days during working hours. If the Buyer does not accept the ordered Goods within 14 calendar days of the agreed due date, the Seller has the right to withdraw from the Agreement and demand a contractual penalty from the Buyer in the amount of the price of the Goods. The contractual penalty is added to the requirement to pay the price of the Goods, and the purpose of the contractual penalty is to force the Buyer to fulfill his obligations, not to compensate for the damage.
  • The Seller's handover obligation is considered to be fulfilled when the Goods are handed over to the Buyer. The risk of accidental destruction and damage of the goods is transferred to the Buyer upon fulfillment of the Seller's delivery obligation.
  • The handover of the goods is formalized with a handover-acceptance deed (instead of the deed, there may be an invoice or delivery note or an invoice-deliverable note or other equivalent document, where the name and quantity of the delivered goods are given, instead of the deed), the Goods are deemed to have been accepted by signing them. By signing the said deed, the Buyer confirms that he has inspected the items with sufficient care and that the Buyer is aware of their condition. The buyer undertakes to note all defects discovered in the Goods in the act of handover and acceptance. The Buyer's written confirmation of receipt of the Goods is also equated with the act of handing over and accepting the Goods. In the event that the Buyer does not sign the deed of delivery-acceptance of the goods or the invoice / delivery note within 3 days at the latest from the completion of the Goods for delivery (the status of the Goods is visible in the personal cabinet, the status "arrived at the warehouse" or "ready for delivery" or "Arrived to warehouse") and from the issuance of the invoice, it is considered that the Buyer has accepted the Goods and has no claims against the Goods.
  • The ownership of the goods is transferred from the Seller to the Buyer upon full payment of the purchase price by the Buyer and the fulfillment of other obligations to the Seller related to the performance of the Agreement.

5. Product quality and notification of defects

  • The goods must be of the quality that can normally be expected from this type of goods, and must meet the standards established by legislation, quality certificates and other quality requirements for the goods.
  • Upon receipt of the Goods, the Buyer undertakes to immediately carefully check its compliance with the terms of the contract, especially whether the Goods correspond to the description and are in the correct quantity. If the goods do not comply with the contract conditions, the Buyer must notify the Seller immediately, but no later than within one day, in writing and describe the defect in sufficient detail. If the Buyer does not fulfill the mentioned obligation, he cannot later rely on the non-compliance of the Goods with the contract conditions or submit claims to the Seller in the relevant part. In the case of a hidden defect that occurs in the quality of the Goods and which the Buyer could not discover during a regular and careful inspection of the Goods, the Buyer must immediately, but no later than within two days, notify the Seller in writing of the appearance of the defect and describe the defect in sufficient detail (in addition, attach supporting pictures to the letter). A hidden defect is not the non-compliance of the Goods with the order, the wrong quantity of the Goods or the visible defects of the Goods.
  • If the Buyer informs the Seller about the non-conformity of the Goods in the agreed procedure and within the deadline, a bilateral report on the defects of the Goods will be drawn up within five (5) days in the presence of the Seller and the Buyer's representative. Unless otherwise agreed in writing or via e-mail, the deed will be drawn up at the Seller's Place of Delivery in Tallinn (the current address with working hours is described in the electronic environment aerin.ee), i.e. The buyer must ensure that the seller can get acquainted with the sold goods when drawing up the deed. If the Seller's representative does not appear within five (5) days to inspect the Goods and draw up a deed, the Buyer has the right to draw up a unilateral deed, which in such case is the basis for submitting a claim to the Seller. If the Buyer does not appear for the preparation of the deed, or if the Buyer does not provide the Seller with the opportunity to familiarize himself with the sold Goods and other important information for assessing the Goods defect, the Buyer loses the right to rely on the non-compliance of the Goods with the contract conditions.
  • The buyer cannot set off the amount paid for the defective Goods with other amounts due by him with his own unilateral purchase.
  • In case of withdrawal from the order or in other cases when the Buyer must return the ordered Goods to the Seller, the Goods must be in the same condition and packaging as when they were handed over. The product and its packaging must be intact, clean and unused. In the case of the comment "Warning: this item cannot be returned or exchanged!" appearing when searching for and ordering the Goods, the Buyer must consider that the Goods cannot be returned or exchanged in accordance with the procedure provided by law, and the Buyer confirms this as a transaction condition when ordering the Goods. This Product can be returned to the Seller only in case of a mistake by the Seller (the Product does not match the Order) and on the condition that the Product has not been used and is in good condition. The buyer bears the direct costs related to the return of the Goods.
  • The Buyer does not have the right to abandon the ordered Goods or return the Goods after the order has been fulfilled, regardless of whether the Goods have been received or not.

6. Liability

  • The Seller is responsible for non-compliance of the Goods with the contract conditions, if the non-compliance exists during the transfer of the risk of accidental destruction and damage to the Buyer (see p. 4).
  • The Seller is not responsible for non-compliance of the Goods with the contractual conditions, if the non-compliance is due to the Buyer's actions or inaction, in particular the Buyer's violation of the conditions of storage, storage or operation of the Goods, as well as other circumstances that the Buyer can influence or for which the Buyer is responsible.
  • It is assumed that each Agreement and order is divisible into parts. If the Seller violates the Agreement only partially (e.g. in relation to a part of the order), then the Buyer has the right to withdraw from the Agreement only in respect of the corresponding part or detail, and the remaining part of the Agreement or order is subject to execution and the Buyer must pay for it.
  • The Buyer does not have the right to demand the replacement of the Goods or the refund of the price paid, if the defect in the Goods is not significant, if the defect can be repaired or if the replacement of the Goods is unreasonably expensive or time-consuming for the Seller.
  • The contract may not be withdrawn if the Party entitled to withdraw has not withdrawn within one month of becoming aware of a significant breach or becoming aware of it.
  • In the event that the Goods do not meet the terms of the contract, the Buyer has the right to demand only compensation for such damage that is directly related to the non-conformity of the Goods. The buyer does not have the right to claim compensation for damages related to the use of non-conforming Goods or damage to other items.
  • The duration of the sales guarantee is 6 months. The Buyer is obliged to immediately notify the Seller of any defects that have appeared during the warranty period and to take measures to prevent damage to the Goods, otherwise he will lose his rights under the warranty. The Seller's warranty obligation does not apply to the part in which defects have arisen in the Goods due to violation of the rules for the operation or storage of the Goods, as well as other circumstances that the Buyer can influence or for which the Buyer is responsible. Upon notification of the occurrence of a warranty case, the Seller shall explain to the Buyer within a reasonable time the options and procedures for eliminating the defect, as well as the documents that the Buyer must submit to prove the defect. The buyer bears the costs related to the identification of defects that are covered during the warranty period.
  • In case of delay in the fulfillment of a financial obligation or violation of another obligation, the Seller has the right to demand from the Buyer zero point two percent (0.2%) of the unpaid financial obligation on time for each day of delay, or in case of violation of another obligation of the Buyer, 0.1% of the cost of the Goods for each day of delay in the fulfillment of the obligation. The purpose of the delay is to force the Buyer to fulfill its obligations, not to compensate for the loss.
  • The Seller is responsible under the sales guarantee only if the Buyer proves the defect in the Goods at the official representative office of the respective manufacturer, following all the manufacturer's requirements and procedures for handling the Goods and identifying the defect. The buyer bears the costs related to the identification of defects that are covered during the warranty period.

7. Force majeure

  • Non-fulfilment or improper fulfillment of obligations arising from the Agreement is not considered a breach of the Agreement if it was caused by a circumstance that the Parties could not influence, could not and should not have foreseen or prevented (force majeure). Circumstances of force majeure are, in particular, wars, enemy action, fires, general strikes, natural disasters, epidemics, export-import bans, restrictions imposed or changed by the government or any other representative of public authority, including the issuing or enactment of such rules, conditions and acts that change the Seller's significant performance of the contract according to its originally agreed terms and costs, or compliance with which results in the obligation for the Seller to comply with significant additional restrictions or requirements when providing services or selling goods.
  • Despite the occurrence of force majeure, the Parties are obliged to take reasonable measures to prevent and reduce damage that has occurred or may occur. If the circumstance of force majeure is temporary, the breach of the obligation is excusable only during the time when the circumstance prevented the fulfillment of the obligation.
  • The Party, whose activities in fulfilling contractual obligations are prevented due to force majeure, is obliged to notify the other Party immediately in accordance with the procedure prescribed by law, by e-mail, or via the electronic network https://aerin.ee/en/feedback.
  • If the circumstances of force majeure last more than 90 calendar days, the Agreement is deemed to have ended due to the impossibility of performance. In this case, neither Party has the right to demand compensation from the other Party for damages caused by non-performance or improper performance of the Agreement.

8. Confidentiality

  • The framework conditions and the Agreements concluded on their basis, especially the sales data, are confidential and may not be published without the written consent of the other Party. The disclosure of data contained in the Framework Terms and the Agreement to representatives of the Parties, partners, employees or other persons involved in the execution of the order, as well as auditors and persons exercising public authority with corresponding competence, is not considered a violation of the confidentiality requirement.
  • The Party that violates the confidentiality requirement stipulated in Clause 8 undertakes to pay a fine of 1000 (one thousand) euros to the other Party.

9. Governing Law and Dispute Resolution

  • The law of the Republic of Estonia shall apply to these Framework Terms and the conclusion, performance, amendment, termination and interpretation of the Agreement on the basis of them, and to the resolution of disputes related to the Framework Terms and the Agreement, its violation, termination or invalidity.
  • Disagreements arising from the framework conditions and the Agreement will be resolved through negotiations and by agreement of the Parties. If the negotiations do not yield results, the disputes that have arisen will be finally resolved in the courts of the Republic of Estonia.

10. Final Provisions

  • Notices related to the Agreement between the parties must be in a form that enables written reproduction (letter, fax, e-mail, notice in the environment of the Seller's e-shop www.aerin.ee), unless otherwise stated in the Framework Terms and Conditions.
  • With the conclusion of the Agreement, all previous agreements between the Parties related to the object and purpose of the Agreement and other agreements lose their validity. Previous agreements of the Parties not regulated in these Framework Terms and Conditions are valid only to the extent that they have been separately agreed upon in the Agreement. In the part not regulated by the Framework Terms and the Agreement, the provisions of the law apply.
  • The seller has the right to unilaterally change these General Terms and Conditions. The changes apply to those orders that are made after the changes have been announced in the environment of the e-shop www.aerin.ee. The revision of the Framework Terms valid at the time the order was placed applies to orders made before that.
  • If any provision of the Framework Terms or the Agreement is void or invalid or cannot be applied for any other reason, this will not result in the invalidity of the Framework Terms or other provisions of the Agreement. In such a case, the invalid or inapplicable provision is deemed to be replaced by a provision that is as close as possible to the invalid or inapplicable provision. The Parties will do everything in their power to ensure that the Framework Terms and Conditions and the Agreement remain in force as much as possible, as the Parties intended when concluding the Agreement.
  • The parties confirm that the terms of the Framework Terms and the Agreement are clearly understandable to them and that they understand the content of the rights and obligations arising from the Agreement.

 The country of registration of the company Aerin 24 OÜ is Estonia, which is a fact confirming that the company Aerin 24 OÜ is registered and carries out its business activities in Estonia at the address: Harju County, Tallinn, Lasnamäe district, Vikerlase tn 13-279, 13616.

The owner and manager of personal and other data of users and clients of the site is Aerin 24 OÜ, registration code 16769582, address: Harju County, Tallinn, Lasnamäe district, Vikerlase tn 13-279, 13616.