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1. GENERAL PROVISIONS
1.1. These terms and conditions apply to purchase and sale agreements concluded in the online store at www.mkt.ee, which is owned by AS MKT (Seller).
1.2. Amendments to the terms and conditions shall be published on the website of the online store, whereas the Seller has the unilateral right to supplement or amend the terms and conditions. Orders placed before the amendments enter into force are subject to terms and conditions in force at the time of placing the order, unless otherwise agreed upon between the parties or required by the law.
1.3. The laws of the Republic of Estonia apply to the conditions of purchase and sale in the online store.
1.4. Before making a purchase, the Buyer may download and print the standard terms and conditions of the online store in a reproducible form for later submission.

2. PLACING ORDERS
2.1. The Buyer shall add the required goods to the shopping cart in the online store.
2.2. Before finalizing the purchase, the Buyer shall confirm the place and manner of delivery.
2.3. After confirming the order, the purchase shall be paid via a payment option offered by the online store. Before payment, the correctness of the goods and data must be verified by the Buyer.
2.4. After making the payment, the Buyer shall press the “Back to Merchant“ button.
2.5. An invoice confirmation letter shall be sent to the Buyer’s e-mail. Should the Buyer not receive the confirmation letter, he/she must call (+372) 605 4940, Mon-Fri 8:00 - 18:00 or write to the e-mail address [email protected].
2.6. The final invoice shall be dispatched with the goods.
2.7. The purchase and sale agreement enters into force upon payment of the purchase price to the Seller’s bank account.

3. PRICES AND PAYMENT
3.1. The prices of the online store are shown in euros without the 20%-VAT.
3.2. The Buyer can choose whether to pick up the goods himself/herself or have the goods delivered somewhere. In the latter case, a transport fee is added to the price of goods.
3.2. Payment for goods can be made in the following ways:
3.2.1. by logging into a bank link;
3.2.2. via Visa or MasterCard;
3.2.3. by a bank transfer, whereby the order is not booked until the amount indicated on the invoice is transferred to the bank account of the Seller.
3.3. The price of goods, as well as the delivery fee must be paid in advance for the purchase to be complete.
3.4. The Seller confirms that payments are made in a safe payment environment located outside the online store and that the Seller does not have access to the Buyer’s payment data.
3.5. Pertaining to the agreements between the Buyer and his/her bank, additional service fees can be charged for using the bank services.

4. LOYAL CUSTOMER DISCOUNTS
4.1. All regular customers of AS MKT who log into the online store shall have special discounts.

5. DELIVERY OF GOODS
5.1. Orders are accepted and processed in the online store from Monday to Friday, 8:00 to 18:00.
5.2. Orders placed on weekends or holidays shall be processed on the next working day. Opening hours also apply when the Buyer picks the goods up himself/herself.
5.3. The goods are delivered either through a parcel machine of a company chosen by the Buyer or by a courier. The Buyer can also pick the goods up himself/herself from the Seller’s office.

5.4 If the Buyer picks the goods up from the office, then:
5.4.1. he/she does not have to pay a transport fee;
5.4.2. he/she is obliged to submit an identity document and an order number;
5.4.3. he/she must do so within 14 days; otherwise, the Seller shall consider the purchase cancelled and shall refund the purchase to the Buyer within 14 days.
5.4.4. The Buyer shall show due diligence in ensuring that the order number does not fall into the hands of third parties, who might intercept the goods. The Seller shall not be liable for any damage that may occur to the Buyer as a result of an unlawful interception.
5.4.5. The Seller has the right not to issue the goods if the Buyer fails to present an identity document.

5.5. Receipt of goods from a parcel machine
5.5.1. Orders exceeding 49 euros delivered in the territory of Estonia shall be free. Delivery to a parcel machine abroad is always subject to a fee.
5.5.2. When the parcel arrives to a parcel machine, a message about the arrival of the parcel with the door code shall be sent to the telephone number indicated by the Buyer when submitting the order.
5.5.3. The Buyer shall show due diligence in ensuring that the door code of the parcel machine does not fall into the hands of third parties, who may pick the parcel up themselves. In this case, the Seller shall not be liable for any damage caused.
5.5.4. If the holding period is expired, the Seller shall assume that the Buyer has withdrawn from the purchase and sale agreement and shall refund the purchase to the Buyer within 14 days.

5.6. Courier delivery
5.6.1. Courier deliveries for orders exceeding 50 euros in the territory of Estonia shall be free. Delivery abroad is always subject to a fee.
5.6.2. If a purchase is made from Monday to Thursday, the courier shall deliver the goods to the Buyer’s address the next day after placing the order. If the purchase is made between Friday and Sunday, the courier shall deliver the goods on the next working day.
5.6.3. The courier shall deliver the goods from 10:00 to 21:00 on working days.
5.6.4. The courier shall agree on the time of delivery of the goods with the Buyer in advance.
5.6.5. The Buyer must accept the goods at the agreed time.
5.6.6. The courier shall try to deliver the goods two times. If this fails in both cases, the goods shall be returned to the courier’s warehouse for holding. After that, the Buyer must contact the courier company within 14 days to agree on a new delivery time. If the Buyer does not express a wish to do so, it shall be assumed that he/she has withdrawn from the purchase and sale agreement and the Seller shall refund the purchase within 14 days.

5.7. Quality control 5.7.1. Upon arrival of the goods, the Buyer shall verify that they match the order and shall unwrap the goods carefully, without damaging the packaging (in case the goods are not be suitable).
5.7.2. The Seller has the right to demand compensation for damage if the packaging of the goods, which could have been opened carefully, has nonetheless been damaged.
5.7.3. If the packaging cannot be opened without reasonably damaging it, the Seller has no right to demand compensation.
5.7.4. Upon receiving the goods with wrong or damaged packaging, the Buyer shall immediately notify the Seller’s customer service by phone (+372) 605 4940 or e-mail [email protected].
5.7.5. The risk of damage to the goods passes onto the Buyer upon their receipt. During the delivery of the goods, the risk shall be borne by the Seller.

6. WITHDRAWAL FROM THE AGREEMENT
6.1. The Buyer has the right to withdraw from the purchase and sale agreement (without giving a reason) within 14 days from the receipt of the goods or receipt of a notice of their arrival at the parcel machine.
6.2. In order to return the goods, the Buyer shall fill in an application form for return of goods and forward it together with the goods to the Seller’s office, or send this application form to the Seller’s e-mail address [email protected] before the goods are returned.
6.3. When exercising the right of withdrawal, the Buyer shall return the goods to the Seller no later than 14 days after the submission of the application form.
6.4. If the purchased goods are not suitable for any reason, the right to return them to the Seller’s office or by a courier exists for 14 days after receiving the goods. The direct and indirect costs related to the return shall be borne by the Buyer. The returned goods must be unused and in the original packaging.
6.5. If the Buyer has withdrawn from the agreement, the Seller shall refund the purchase to the Buyer together with the delivery fee immediately, but no later than within 14 days from the receipt of the withdrawal application. Refunds shall be transferred to the same bank account from which the purchase was made.
6.6. If the Buyer intentionally or negligently damages the returned goods, the Seller has the right to refuse to take the goods back or to demand compensation for the damage caused.

7. SELLER’S RESPONSIBILITY
7.1. The Seller is liable for the defects of goods in accordance with the law.
7.2. The Seller shall not be liable for any damage in connection with the goods or their delayed delivery, in case the damage or the delay is caused by the Buyer.
7.3. The Buyer undertakes to notify the Seller of the non-conformity of the goods via the customer service e-mail [email protected]. The notification must contain the following data: date, name, contacts and a brief description of the defect. The Buyer is also under the obligation to submit a document certifying the purchase when submitting a claim.
7.4. If the delivery of the goods is delayed due to incorrect information provided by the Buyer, the Seller shall not be liable for the delay.
7.5. If the goods have suffered damage as a result of them being used for non-intended purposes by the Buyer, the Seller shall not be liable for the damage.

8. REPAIR AND MAINTENANCE
8.1 Maintenance is work aimed at extending or maintaining the life of equipment, carried out regularly in accordance with the service book or the manufacturer’s regulations. Maintenance does not include replacement or modification of goods.
8.2. Maintenance is performed when explicitly ordered by the Buyer.
8.3. The Seller prepares a repair budget for the Buyer, outlining the maintenance fee.
8.4. The Seller may carry out repairs ordered by the Buyer. During the repair, the Seller shall make a record of all detected defects and malfunctions in writing.
8.5. If possible, the Buyer shall submit a service book to the Seller during the repair or maintenance so that the Seller can record the details of the repair or work performed.
8.6. Repairs or maintenance is performed by the Seller using his own tools.
8.7. If the defect cannot be identified, the Seller shall notify the Buyer of the period for detecting the defect in the goods. After the defect is identified, the Seller can determine the deadline for completion of the work.
8.8. If the Seller discovers additional defects during repair or maintenance work, he shall notify the Buyer, who then shall decide whether he/she wishes to fix the additional defects.

9. WARRANTY
9.1. Goods purchased from the online store are covered by a warranty under the conditions set out in the present agreement. For the purposes of these terms and conditions, a consumer is a natural person whose purchase is not related to his or her economic or professional activity.
9.2. The warranty is valid in the territory of Estonia.
9.3. The warranty applies to defects that have appeared in the goods during the warranty period and were not caused by the Buyer.
9.4. The Seller shall refund the funds paid for goods to the Buyer if the repairs fail and replacement proves to be impossible.
9.5. The warranty involving free repairs applies to defects that are present in the goods due to their faulty composition, material, assembly or construction.
9.6. If a defect appears in the composition, material, assembly or construction during the warranty period, the Seller shall arrange for the repair free of charge.
9.7. Should the repair of the goods fail or become economically unfeasible (in the opinion of the Seller), the Seller shall replace the goods free of charge.

10. GROUNDS FOR TERMINATION OF WARRANTY
10.1. The warranty is valid until its expiration date. After the expiration date, the warranty is no longer valid.

10.2. The warranty shall not apply in the following cases:
10.2.1 The Buyer or a third party tries to repair the goods themselves;
10.2.2 The product identification or serial number has been damaged or removed;
10.2.3. The defects in the goods are due to their improper use, natural wear and tear, unsuitable environmental effects (rain, excessive heat), a fall or other accidents, non-compliance with the user manual or the maintenance requirements.

11. WARRANTY REPAIR
11.1. Defects in the composition, material, assembly or construction of the goods that appear during the warranty period shall be repaired by the Seller free of charge.
11.2. In order to have the goods repaired, the Buyer must contact a representative of the Seller. Information about the representative offices can be found on the Seller’s website www.mkt.ee. The Buyer can also deliver the goods to the Buyer's dealership for warranty repair.
11.3. If the Buyer contacts a representative about defective goods, he/she must describe the defect as precisely as possible.
11.4. If the Seller so requests, the Buyer shall also submit a document certifying the purchase.
11.5. The goods shall be repaired by the Seller within 30 days. The Buyer shall be notified of the completion of the repair work using the contact details provided as soon as possible.
11.6. If the goods cannot be repaired or when it proves to be economically unfeasible, the Seller shall inform the Buyer thereof in writing or orally, using his contact details. The Seller shall also inform the Buyer of the possible delivery time for replacement goods.
11.7. If the goods cannot be repaired and it is impossible to replace them, the Buyer shall refund the purchase to the Buyer within 14 days, notifying the Buyer in advance using the contact details provided.
11.8. If the Buyer wishes the funds to be returned to a third party’s account, he/she shall request this in writing. Alternatively, the Buyer shall confirm the number of his bank account to which the funds should be returned.
11.9. Transport costs incurred by the Buyer in connection with the warranty repair and possible damages due to the fact that the Buyer cannot use the goods for their intended purpose, especially income lost, shall not be reimbursed by the Seller.
11.10. If the goods are to be replaced, the warranty period does not start anew, but is extended for the period spent on repairs.
11.11. The period of warranty extension is calculated from the day the goods were delivered for repairs and ends on the day when the Buyer is informed about the possibility of receiving the repaired or replaced goods.

12. PROCESSING OF PERSONAL DATA
12.1. The Seller is the main processor of personal data and has the right to involve authorized processors, who shall also have the right to modify and process the Buyer’s personal data.
12.2. The Seller shall process the Buyer’s personal data and information related to orders in accordance with the requirements arising from the Personal Data Protection Act and only to the extent related to the purposes of fulfilling the Buyer’s orders, without transfer of personal data to unauthorized third parties.

12.3. Possible personal data processed by the Seller includes:
12.3.1. Identity data - names of persons, personal identification codes, places of work, positions.
12.3.2. Contact details - e-mails, telephone numbers, home addresses.
12.3.3.3 Internet data - IP addresses, data related to logins and use of the website.

12.4. The processing of personal data by both the controller and the authorized processor is carried out in accordance with the legal requirements. Only personal data that the Buyer has disclosed and for which he/she has given consent can be processed.
12.5. The Buyer’s privacy is guaranteed. The processing of personal data takes place only for the purposes of fulfilling the Buyer’s orders. IT and physical security measures shall ensure the confidentiality of personal data and its minimal disclosure.
12.6. The Seller may transfer personal data to third parties or authorized processors only for strictly limited purposes, such as receiving feedback, sending marketing information and improving the use of the website. In this case, personal data shall only be disclosed to third parties who comply with the security measures.
12.7. Personal data is processed for the purposes of ensuring the fulfillment of orders, as well as to comply with the legal obligations related to Buyer’s identification and authentication, delivery of goods, payment terms, sales invoices, cooperation agreements, contact in case of warranty repairs, collecting statistics and marketing information.
12.8. The Buyer has the right to request information about the processing of his/her personal data and can request its destruction or limitation. Complaints concerning the processing of personal data must be submitted to the Estonian Data Protection Inspectorate.
12.9. Personal data shall be kept only for the time required to achieve a specific goal above. After fulfilling the goal, all personal data shall be deleted. Personal data is stored in accordance with the requirements of the law.
12.10. The Seller may use the Buyer’s contact information for advertising purposes (notifying of various special offers or campaigns), unless the Buyer wishes otherwise.
12.11. The Seller may use cookies on its website www.mkt.ee in order to improve the user experience. If the Buyer does not wish to accept cookies, he/she can block them on their device by changing the settings in the web browser. In this case, some services may become unavailable.

13. FINAL PROVISIONS
13.1. All disputes shall be settled by negotiations between the Seller and the Buyer. If the parties are unable to resolve the dispute through negotiations, they have the right to turn to the Harju County Court. Consumers also have the right to turn to the Estonian Consumer Protection Board.
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