Terms and Conditions (ENG)
TERMS AND CONDITIONS
1.1. The conditions apply to the legal relations entered into by the owner of the sales environment www.maxwave.eu (e-store) Maxwave OÜ (Merchant), address Ranna pst 11, Pärnu, 80012 , Estonia, registry code 11421259, VAT code EE101260134, e-mail firstname.lastname@example.org, and the buyer (Customer) upon making a purchase.
1.2. In addition to these terms and conditions, the legal relations arising from the purchase of the products via the e-store shall be regulated by the legal acts valid in the Republic of Estonia.
1.3. The Merchant reserves the right to change the general terms and conditions of the e-store as well as the prices of products and services. Changes shall be disclosed in the e-store environment. Transactions shall be performed according to the conditions and prices valid at the moment of the performance of the transaction.
2.1. The displayed prices include the VAT 20% valid in the Republic of Estonia.
2.2. The fee for the selected delivery type shall be added to product prices. The delivery type shall be chosen and the fee for delivery shall be calculated after the customer has chosen the delivery type.
3. PLACEMENT OF ORDER
3.1. After the selection of the items, e-mail enquiry will be sent to email@example.com.
3.2. After the enquiry is received by the Merchant, e-mail will be sent to the Customer about the availability of the stock.
3.3. If the product is in stock, the Customer will choose the delivery method and will receive the invoice. In case the item is out of stock it is possible to pre-order it.
3.4. The order shall be considered placed after the payment of the invoice.
4.1. The orders placed in the web environment shall be fully paid in advance.
4.2 The customer shall pay by bank wire transfer only.
4.3. The bank confirmation about the wire transfer should be e-mailed to the Merchant and after the payment is confirmed, the items will be shipped.
5. DELIVERY OF ITEMS
5.1. There are several shipping companies Maxwave e-store is partnering with: DHL, DPD, Cargobus, Omniva (Estonian Postal Service) and Smartpost package terminals.
5.2. The Client is responsible for choosing the shipping method.
5.3. Depending on the shipping location, method and weight of the package, the delivery fee will be calculated.
5.4. Orders will be shipped as soon as the payment confirmation is received or on the next business day. Delivery date and time will depend on the selected shipping company and method.
FREE SHIPPING INFORMATION
- FREE SHIPPING to Estonia on orders over 50€.
- FREE SHIPPING to Finland, Sweden, Latvia and Lithuania on orders over 150€.
- FREE SHIPPING to Europe on neoprene (wetsuits, hoodies, gloves, boots etc.) orders over 250€.
- MaxWave Surf Shop covers 50% of the transportation cost on orders over 250€ to Europe.
*Free shipping is not valid for oversized items (windsurf/sup equipment etc.)
Delivery method for FREE SHIPPING is chosen by the Merchant.
LOCAL AND INTERNATIONAL DELIVERY OPTIONS
DHL (Air) - www.dhl.ee Estonia-EU-Worldwide (To your doorstep 1-2 days, Estonia-Worldwide 2-3 days) - Fastest way to send smaller packages worldwide, but more expensive.
Smartpost - www.smartpost.ee Estonia - Finland (Smartpost parcel-terminal 2-4 days). Comfortable way to send small packages.
Omniva (Estonian Postal Service) - http://www.omniva.ee/ Estonia - EU (To your doorstep or postaloffice or parcel-terminal 1-8 days). Cheapest way to send small packages and Maxi letters 0,5 kg - 2 kg.
Cargobus - http://cargobus.ee/ Estonia-Latvia-Lithuania (From busstation to busstation 1 day). Fastest way to send packages in the Baltic States.
DPD - www.dpd.ee Estonia-EU (To your doorstep 1-8 days depending on location). Cheapest way to send packages, but takes more time than DHL Air.
The cost of transport will be calculated based on the weight of the package and method of shipment!
6. CANCELLATION OF ORDERS, RETURN OF PRODUCTS
6.1. The Customer is entitled to withdraw from the transaction within 14 calendar days as of the receipt of the goods (excluding item defect, see sub-clause “Warranty”). To return the products, the Customer must contact Merchant via email. The accompanying return costs shall be incurred by the Customer.
Application should contain the following information: the name of the product to be returned, the exact description of the problem, order / invoice number and your name and bank account number. Return of goods takes place at the expense of the Customer and in this case the initial transportation fees are not refundable (except in cases where the returned goods do not match to the order).
6.2. The Customer is obligated to return the goods to the Merchant within 30 days.
6.3. The returned item must be unused including all the labels and packaging. The return shall only be accepted together with an invoice or order confirmation sheet.
6.4. The postal fees for the return of the item shall be incurred by the Customer. We recommend using registered mail.
Return address is: Maxwave OÜ, Ranna pst. 11, Pärnu 80012, Estonia.
6.5 If Customer wants to exchange the product to a different size, the Customer is responsible for returning the product to the Seller and paying for the transportation cost. If the product has been returned to the Seller, a credit note is issued to the Customer in the amount of product value. If new order is placed, an invoice containing also transportation cost, will be issued. Seller reserves the amount on the credit note as a prepayment and Customer can use it towards the new invoice.
7.1 . In case the item is out of stock it is possible to pre-order it. Depending on specific items the regular ordering period is about 1-2 weeks.
7.2. Customer shall pre-pay 50% of the items price. If the Customer wishes to cancel the order after the pre-payment is made, the cancellation fee 20% of the items sale price will be charged.
7.3. Merchant shall determine the approximate time of delivery of goods. Merchant has the right to unilaterally extend order delivery time by notifying the Customer by e-mail.
7.4. If the Merchant will extend the delivery time more than once, or more than two months, the Customer is entitled to three working days from the receipt of the information on the order to withdraw by notifying the seller by e-mail. If the Customer decides to cancel the order, the Merchant shall return the sale price paid by the Customer within three (3) working days of receiving notification. Merchant is not obligated to compensate the Customer in relation to the harm caused by the cancellation of order. When the Customer is not withdrawing the order according to the procedure provided in this section, it shall be deemed that the Customer wants to extend the delivery time of order.
7.5. Merchant will start to fulfil the order immediately after the payment confirmation is received.
7.6. Merchant shall have the right to cancel the order if the order fulfillment proves to circumstances beyond the vendor's control, impracticable or impossible. Merchant will inform the Customer immediately by e-mail or by phone. On Customer´s request, the seller is obliged to provide the reasons for abandonment in written. Merchant shall return the sale price paid by the customer within three (3) working days. Merchant shall not be liable to the Customer or a third party vendor for any damages caused by the cancellation of order fulfillment if the order cancellation followed the procedures provided in this paragraph.
7.7. Merchant reserves the right to modify and complement these terms and price lists. All changes, modifications and updates will be posted on the web page www.maxwave.eu and shall become effective immediately after publishing. If the order was placed before new terms and price lists became effective, terms and price lists will apply to the Customer at the time the order was placed.
8.1. According to Law Of Obligations §218 (2) the seller is liable for any lack of conformity of a product which becomes apparent within two years as of the date of delivery of the item to the purchaser (You). It is presumed that any lack of conformity which becomes apparent within six months as of the date of delivery of a thing to the purchaser (You) already existed before the delivery of the thing. Depending on a brand and a product factory warranty is between 3-24 months.
8.2. In case of a faulty product, You have a right to file a complaint within 2 years, starting from the day You accepted the item. The application must be sent as soon as possible, but not later than 2 months after noticing the damage!
Once You've noticed a damage, stop using the product immediately to avoid further damages.
8.3. If a product does not conform to the contract, the You may demand the repair of the product or delivery of a substitute item if this is possible and does not cause us unreasonable costs or unreasonable inconvenience. We may, instead of repairing the product, deliver a substitute item which conforms to the contract [Law Of Obligations §222 (1)]. Demanding a refund is an option if repairing or replacing is not possible (within is reasonable time).
8.4. The seller shall incur the costs of repair, delivery of a substitute item, transport, postage and materials within the first 6 months starting from the day the purchaser (You) accepted the products. During the following 18 months the seller will incur the costs only if the complaint was justified [Law Of Obligations §222 (1)].
8.5. We will not be responsible in case the item was damaged because of the customer’s wrong actions or carelessness; if the item has defects that have been caused by wrong usage or caused by normal daily use of a product.
8.6. In case of any disagreements between the seller and the purchaser (You), a customer (You) may turn to their local consumer organisation, a national authority (e.g. a consumer ombudsman) or a regional authority (e.g. a regional complaints board). Estonian customers may turn to Tarbijakaitseamet at Rahukohtu 2, Tallinn, 10130, e-mail: firstname.lastname@example.org. Our EU customers can find their local supervisory institution from the ECC (European Consumer Centres) website http://ec.europa.eu/consumers/ecc/contact_en.htm
9. OTHER TERMS AND CONDITIONS
9.1. The data regarding the Customers and their orders preserved in the ordering environment of the e-store are treated as confidential information. The Merchant shall not disclose the acquired data to third parties.
9.2. Disputes arising between the Customer and The Merchant shall be settled by negotiations. The Merchant shall respond to the complaints of the Customer by e-mail within at least 5 working days. Upon failure to reach an agreement the Customer may turn to the Consumer Protection Board or Pärnu County Court.
The settlement of disputes shall proceed from the legislation of the Republic of Estonia.
10. SALE OF USED EQUIPMENT
10.1. The Merchant is not responsible for used equipment´s condition or warranty. The Merchant shall mediate the used equipment sale. The Customer will take the full responsibility when purchasing used items and acknowledges all associated risks. The Merchant shall notify the Customer about the possible risks and conditions of such items.