Terms and Conditions
1. General Conditions
1.1 These general terms and conditions (the "Terms and Conditions”) shall apply to all purchases made in the web store on the website www.lining.eu (the "Web Store”), irrespective of who is the purchaser, what kind of goods are purchased, the quantity of goods, the price of goods, or any other circumstances. The Terms and Conditions constitute an inseparable part of the purchase orders placed via the Web Store and of the sales contracts concluded on the basis of the acceptances given to these orders (the "Contract”).
1.2 The administrator of the Web Store and the seller of all goods sold via the Web Store (the "Goods”) is Online Sport OÜ, founded under the laws of the Republic of Estonia, registry code 11976951, address Voore 20, 75416 Kiili, the Republic of Estonia (the "Seller").
1.3 The contact details of the Seller are as follows: telephone +372 501 2998, e-mail address support@lining.eu, postal address Voore 20, 75416 Kiili, the Republic of Estonia.
1.4 Goods can be purchased via the Web Store by any natural persons with active legal capacity who are at least 18 years of age, and natural persons under 18 years of age provided that they confirm the prior consent of their legal representative for the entry into the Contract, or that they perform the Contract by means provided to them for this purpose or for free use by their legal representative or by a third person on the consent of the legal representative (the "Purchaser”).
1.5 In the Terms and Conditions, the Purchaser and the Seller are together referred to as the ”Parties” and each separately as a "Party”.
1.6 If the Parties agree on any terms supplementing or replacing the Terms and Conditions, and if such supplementary or replacing terms are in conflict with the Terms and Conditions, the supplementary or replacing terms agreed between the Parties shall be applied first, and the Terms and Conditions shall be applied thereafter. In the part where the supplementary or replacing terms agreed between the Parties (if any) and/or the Terms and Conditions are in conflict with the applicable legislation, legislation shall apply.
1.7 The Seller will be entitled to amend the Terms and Conditions at any time, unilaterally and without any advance notification. Amendments to the Terms and Conditions shall enter into force as of the moment when the new version of the Terms and Conditions is made available to the public in the Web Store. Contracts that are being performed at the moment when an amendment to the Terms and Conditions enters into force, shall be governed by the version of the Terms and Conditions that was in force at the moment of entry into the Contract.
2. Cost of Goods
2.1 The prices given in the Web Store shall be displayed together with the value added tax applicable to the respective Goods to the (potential) Purchasers located in the Member States of the European Union or in the countries in the European Economic Area. The prices given in the Web Store shall not be displayed with the value added tax to the (potential) Purchasers located outside the Member States of the European Union or outside the countries in the European Economic Area. All prices are displayed in Euros (€).
2.2 The Seller has the right to change the prices of the Goods at any time, unilaterally and without any advance notification. If the price of any Goods changes at the time when the respective Goods are in the virtual shopping cart of the Purchaser, the price that is valid at the time of the finalisation of the Order shall apply to the Goods.
2.3 If the price of any Goods has been entered in the Web Store recognisably in error (e.g. 10 euros has been indicated as a price instead of 100 euros, while the usual market price of the respective Goods is 100 euros) and the Purchaser purchases Goods at the erroneous price, the Seller has the right to withdraw from the respective Contract, and not perform the Contract. The Purchaser has no right to claim compensation for damage or for the price difference or any other charge from the Seller in relation to the fact that the Purchaser purchased Goods at the recognisably erroneous price.
2.4 The Seller has the right to offer discounts in respect of the Goods or make other special offers (a "Special Offer"). The Seller has the exclusive right to provide for the specified terms of a Special Offer. The Seller has the right to amend the terms of a Special Offer or terminate a Special Offer at any time, unilaterally and without any advance notification. The respective right of the Seller is not affected by any terms of the Special Offer previously made available to the public. If the terms of a Special Offer change or terminate at a time when the respective Goods are in the virtual shopping cart of the Purchaser, the price of the Goods and other terms that are valid at the time of the finalisation of the Order shall apply to the Goods.
2.5 The Purchaser has no right to claim compensation for damage or for the price difference or any other charge from the Seller in relation to the fact that the Purchaser relied, upon entry into the Contract, on any information concerning the Goods (including the price or the terms of a Special Offer) that was not valid anymore at the moment of finalisation of the order.
3. Placement of Order
3.1 The Purchaser may place an order for purchasing the Goods (the "Order”) after the Purchaser has logged in by a user account of the Web Store, or without creating a user account and/or without logging in by a user account.
3.2 In order to create a user account of the Web Store, a person has to click the link "Sign In / Create Account" at the top of the Website and fill in the fields shown in the registration form, then click "Submit” and follow further instructions, if any, given on the Website or via e-mail. The Seller shall process the personal information and contact details submitted to it (primarily the given name and surname and the e-mail address) in line with the applicable legislation.
3.3 To purchase the Goods, the Purchaser adds the desired Goods into the virtual shopping cart. To this end the Purchaser has to select the desired quantity of the Goods on the page of the respective Goods, and click the link "Add to cart". Where appropriate, the size, colour or other characteristics of the Goods also have to be selected before clicking the link "Add to cart”.
3.4 To finalise the Order, the Purchaser shall click the icon "Shopping Cart” at the top of the Web Store, which indicates the quantity of the Goods in the virtual shopping cart of the Purchaser and the total value. When clicking the icon "Shopping Cart”, the entire contents of the Purchaser’s virtual shopping cart and specified data on the Order is displayed. The Purchaser shall check the contents of the Shopping Cart to make sure that they wish to purchase the displayed Goods at the given price and on the given terms. After having checked these data, the Purchaser has to confirm their purchase by clicking the link "Proceed to Checkout".
3.5 After having clicked the link "Proceed to Checkout”, the finalised Order is displayed to the Purchaser. While finalising the Order, the Purchaser may log in by their user account of the Web Store or if the Purchaser does not wish to log in or has not created a user account of the Web Store, proceed with the finalisation of the Order without logging in by a user account of the Web Store. Irrespective of whether logging in by a user account of the Web Store or not, the Purchaser has to fill in all the fields that are shown as mandatory on the Order form with relevant and correct information. Among other things, the Purchaser has to choose the means of payment that they wish to use to pay for the Goods, and submit the required information concerning the means of payment. If the Purchaser chooses "Bank Transfer” as the means of payment, the Seller shall send an electronic invoice to the e-mail address of the Purchaser after the finalisation of the Order. Where relevant, the Purchaser also has to choose between different means of delivery of the Goods. To finalise the Order, the Purchaser has to click the link "Place Order Now”. The prerequisite for the finalisation of the Order is the agreement by the Purchaser with all provisions set out in the Terms and Conditions and with application of the Terms and Conditions to the Contract, as well as the Purchaser’s confirmation that they are a natural person with active legal capacity who is at least 18 years of age, or a natural person under 18 years of age who has a prior consent of their legal representative for the entry into the Contract, or that they perform the Contract by the means provided to them for this purpose or for free use by their legal representative or by a third person on the consent of the legal representative.
3.6 To finalise the Order, the Purchaser shall pay for the Goods following the instructions of the Seller or a third party service provider (credit institution, PayPal), or pay the electronic invoice sent to the Purchaser by the Seller.
3.7 The Contract is deemed to be concluded as of the moment when the entire amount payable for the ordered Goods is received in the bank account of the Seller.
4. Delivery of Goods
4.1 The Goods are delivered to the Purchaser in the manner chosen by the Purchaser in the course of the finalisation of the Order in the ordering system of the Web Store (the "Postal Service”). The Seller is not obliged to deliver Goods to the Purchaser in any manner that was not displayed to the Purchaser in the ordering system of the Web Store.
4.2 The Purchaser shall cover the costs related to the use of the Postal Service. The costs of the Postal Service shall be added to the total price of the ordered Goods. The total price of the Goods does not include any customs duties or other charges (excise duties, taxes, etc) which may arise due to shipping of the Goods to outside the European Union or receipt of the Goods outside the European Union. In order to determine potential customs duties and other charges, the Purchaser will have to find out beforehand (if necessary, with the assistance of a relevant customs authority), whether and in which amount charges will be imposed in relation to the shipping and/or receipt of the Goods. All such costs shall be paid by the Purchaser and the Seller will not be responsible for covering any customs duties or other charges related to the shipping and/or receipt of the Goods.
4.3 In case the Goods due to their size cannot be delivered to the Purchaser by using the ordinary postal service for small parcels, the costs of the Postal Service depend on the specific circumstances, including the size of the Goods, destination, specifics of packaging, etc. The Purchaser has to contact the Seller in order to find out the costs of the Postal Service related to such Goods, and thereafter the Seller shall inform the Purchaser about the costs of the Postal Service.
4.4 In every given case, the price of the Postal Service depends on the amount and composition of the Goods ordered and the country of destination of the Goods. The Purchaser shall be released from covering the costs of using the Postal Service if the total price of the Goods ordered by them exceeds 50.- Euros, except in cases stipulated in Clause 4.3 of the Terms and Conditions.
4.5 The Seller shall deliver the ordered Goods to the provider of the Postal Service as soon as possible after receipt of the total value of the Order to the bank account of the Seller. The exact time of delivery of the Goods depends on the provider of the Postal Service chosen by the Purchaser, and the Seller shall not bear any liability in this regard.
4.6 The Seller shall not be liable for a delay in delivery of the Goods or for loss of the Goods if the Purchaser, while placing the Order, has submitted incorrect information regarding the Purchaser’s postal address.
5. Return of Goods
5.1 The Purchaser will be entitled to withdraw from the Contract in full or in part irrespective of the reason, and return Goods or a part thereof to the Seller within 14 days after receipt of Goods. Said right of withdrawal expires after the passing of the aforesaid term.
5.2 In order to withdraw from the Contract, the Purchaser shall submit an application for withdrawal to the Seller in a format which can be reproduced in writing, indicating in such application, inter alia, their name, the number of the Order and the Goods to be returned.
5.3 When withdrawing from the Contract, the Purchaser shall return the Goods, in respect of which they withdraw from the Contract, to the Seller within 14 days after submission of the application for withdrawal to the Seller. The Seller shall return the amount paid for the Goods to the bank account of the Purchaser, from which the respective amount was paid on the basis of the Order, within 14 days after receipt of the Goods returned by the Purchaser. No interest shall be calculated or paid on the money returned to the Purchaser.
5.4 The Purchaser shall cover the costs related to withdrawal from the Contract, including the costs related to returning the Goods to the Seller.
5.5 The Goods returned shall be unused, undamaged and in their original packaging. If the Goods returned do not meet the aforesaid requirements, the Purchaser has no right to withdraw from the Contract, and the Seller is not obliged to return the amount paid for the respective Goods to the Purchaser. If the Purchaser has no right to withdraw from the Contract but has still returned the Goods to the Seller, the Seller shall deliver the Goods again to the Purchaser, using the means of delivery chosen at its own discretion, and the Purchaser shall cover the costs of delivery.
5.6 The Purchaser is not entitled to withdraw from a Contract entered into for the purchase of such Goods that were produced specially for the Purchaser or which due to their nature cannot reasonably be used by another person or resold by the Seller after removal of the packaging or after use.
6. Non-Conformity of Goods, Liability of Seller
6.1 The Seller is liable for non-performance of obligations deriving from the Contract only in case the Seller is at fault for the violation. The Seller shall not be liable for no-fault non-performance of obligations deriving from the Contract or in case the non-performance is excused.
6.2 The Seller is liable for non-conformity of the Goods to the terms of the Contract if the non-conformity existed at the time when the Goods were delivered to the Purchaser. The Seller shall not be liable for non-conformity of the Goods to the terms of the Contract that appears after the passing of two years from the delivery of the Goods to the Purchaser.
6.3 The Seller shall not be liable for any defects of the Goods that have been caused by incorrect or negligent use or incorrect or insufficient maintenance or storage of the Goods after the delivery of the Goods to the provider of the Postal Service in accordance with Clause 6.5 of the Terms and Conditions.
6.4 The Purchaser shall inform the Seller about non-conformity of the Goods to the terms of the Contract not later than within two months from the moment when the Purchaser becomes aware of the non-conformity. In case of exceeding this time limit, the Purchaser shall lose the right to submit any claims to the Seller relying on the non-conformity of the Goods to the terms of the Contract.
6.5 The risk of accidental loss of or damage to the Goods shall transfer from the Seller to the Purchaser as of delivery of the Goods to the provider of the Postal Service.
6.6 The photos published in the Web Store next to the Goods and about the Goods have an illustrative purpose and may not depict the respective Goods exactly in compliance with the reality. The Seller shall not be liable for the compliance of the Goods with the photos published in the Web Store, or for the damage that the Purchaser may suffer for the reason that the Purchaser relies on the photo(s) published in the Web Store when placing an Order.
6.7 The Seller shall not be liable for the correctness of any information relating to the Web Store, including prices of Goods or terms of promotional campaigns, published on the websites administered by third persons or in electronic or printed media published by third persons.
7. Intellectual Property
7.1 The content of the Web Store, in particular the texts, visuals, photos and logos displayed in the Web Store are protected by copyright. The economic rights of the author related to the content of the Web Store are held by the Seller. As to the moral rights of the author related to the content of the Web Store, the Seller is the licensee to the largest extent permitted by law. The Web Store may display registered or well-known trademarks, the exclusive rights deriving from which are held by the Seller or third persons that have provided a respective permission to the Seller.
7.2 Creation of a user account of the Web Store, entry into the Contract, purchase and use of the Goods, visiting the Web Store or any other acts or omissions do not entitle the Purchaser or any other person to use the intellectual property rights of the Seller or cause the transfer of the intellectual property rights of the Seller to the Purchaser or to any other person.
8. Governing Law and Dispute Resolution
8.1 The Contract, including the Terms and Conditions, is governed by the law of the Republic of Estonia. Application of any and all international conventions and model laws or contracts, including the United Nations Convention on Contracts for the International Sale of Goods of 1980 is expressly precluded.
8.2 All disputes deriving from the Contract, including the Terms and Conditions, shall be settled by negotiations on the mutual agreement between the Parties. Should the Parties not reach an agreement by negotiations, the dispute shall be settled in Harju County Court in the Republic of Estonia (the "Jurisdiction Clause"). The Jurisdiction Clause shall apply to the Purchaser who is a consumer only in case if the Purchaser who is a consumer moves to live abroad after the entry into the Contract or if the place of residence of the Purchaser who is a consumer is not known at the time of filing an action.
8.3 In addition to the provisions of Clause 8.2 of the Terms and Conditions, the Purchaser who is a consumer will be entitled to use the online dispute resolution platform of the European Union, available at the address http://ec.europa.eu/odr for resolution of disputes deriving from the Contract, including the Terms and Conditions. Furthermore, the Purchaser who is a consumer will be entitled to address the Consumer Disputes Committee of the Consumer Protection Board of the Republic of Estonia for resolution of disputes deriving from the Contract, including the Terms and Conditions. The contact details of the Consumer Disputes Committee are the following: address Pronksi 12, 10117 Tallinn, e-mail address avaldus@komisjon.ee, telephone +372 6201 920, website https://www.tarbijakaitseamet.ee/en. The rules of procedure of the Consumer Protection Committee are provided in the Consumer Protection Act of the Republic of Estonia https://www.riigiteataja.ee/en/eli/515032016002/consolide.
9. Miscellaneous
9.1 By placing an Order, the Purchaser confirms that in their opinion, all provisions of the Terms and Conditions are legally and economically reasonable and that to the best of their understanding, the Terms and Conditions do not cause unfair harm to them, and that in the opinion of the Purchaser their rights and obligations and the Seller’s rights and obligations in the Terms and Conditions are in reasonable balance.
9.2 If one or several provisions of the Terms and Conditions appears to be invalid or inapplicable, it shall not render the remaining provisions of the Terms and Conditions invalid or inapplicable. If the provisions of the Terms and Conditions that appeared to be invalid or inapplicable were relevant upon performance of the Contract and directly affected the performance of the Contract, the Parties shall agree separately on new supplementary terms that will be valid or applicable and the economic effect of which is the closest to the original provisions of the Terms and Conditions that appeared to be invalid or inapplicable.
9.3. Should the Purchaser, while entering into or performing the Contract, obtain information that can be regarded as the confidential information of the Seller (the "Confidential Information”), the Purchaser shall keep the Confidential Information confidential for an unspecified term, including avoid disclosing the Confidential Information to third persons or using the Confidential Information in their interests or in the interests of any third parties, regardless the exact content of the Confidential Information, the source from which or medium by which it reached the Purchaser or the value of the Confidential Information for the Seller. The Confidential Information is deemed to include any information on the business and economic activities of the Seller that has not already been made known to the public by lawful means, and regarding which the Seller has a recognisable business interest to keep it in secret, and the contents of which, in part or in entirety, is not publicly known or cannot be easily deduced from other public information. In the event of unlawful disclosure or use of the Confidential Information, the Purchaser shall compensate the Seller for the whole damage caused by such act, including non-proprietary and purely economic damage.