Terms of Purchase

1. General

The Seller is  Underwood Enterprise OÜ , which manages the underwood.shop e-shop (registry code 12814185, legal address Vesiroosi tn 9, 76401 Laagri, Harju County, Estonia; phone +372 5850 1299, e-mail info@underwood.ee).

The Buyer or the Customer may be any natural person of at least 18 years of age and any legal entity who, prior to placing an order, declares that they have read and agree to be bound by these Terms.

These Terms of Purchase form an integral part of the contract of sale with the Buyer through the e-shop, regulating the legal relationship between the Seller and the Buyer.

• If the individual buyer is under 18 years of age, he/she confirms by placing an order through the e-shop that his/her contract with the seller has been approved in advance by his/her legal representative or that he/she fulfills his/her contractual obligations by means made available to him/her  for that purpose or for his free use by his/her legal representative or by a third party with his consent.
• If the buyer is a legal entity, the seller assumes that the person placing the order on behalf of the legal entity has all the rights and authority to perform such a transaction. In case of doubt, the seller shall have the right to suspend, interrupt, or refuse delivery of the order until the buyer has proved his/her right of representation.
• All e-shop prices are in Euro (€) and include VAT in force at the time of purchase in the seller’s country of residence, as well as other state or local taxes.
• The buyer undertakes to use the e-shop service in good faith and in accordance with the terms and conditions of purchase established by the seller. The seller shall retain these Terms of Purchase in his/her database together with the buyer’s order. The order confirmation, along with the Terms of Purchase will be sent to the buyer by email after placing the order.
• The seller has the right to suspend the order and cancel the order if there is reason to believe that the order was placed by a person with restricted active legal capacity without the prior consent of the legal representative or the person does not have the necessary representation rights to place the order or there is another fact that suggests that the order was not placed in good faith and reasonableness.
• The buyer agrees to the condition that the buyer has the right to refuse to serve him further in the event of any unethical or criminal conduct by the buyer, or any abuse of his/her right of withdrawal from the contract of sale.

Issues not governed by these Terms of Purchase shall be governed by the laws of the country in which the seller is established.

2. Product ordering information

The product description is as follows:

• product name;
• product code;
• stock in warehouse and availability;
• price (1 piece, including VAT);
• image (which is illustrative in nature and may differ from reality);
• technical information and product information (if known to the seller).

Additional features on the product page:

• request for additional information (opportunity to inquire about the product further by providing the seller with the details of the person asking the question and sender of the request);
• add to cart

3. Shopping cart

The shopping cart contains the following information for the buyer:

• the name of the selected product;
• product code;
• price per piece;
• quantity (quantities can be changed by pressing either a minus or a plus sign, or if you want to indicate a specific quantity, you have to press the number, after which a box opens where you can mark the desired quantity as a number);
• line amount (according to how many pieces you want to buy);
• the total amount showing the total cost of the cart (with and without VAT).

To remove a product from the shopping cart, click on the “Remove” symbol.

4. Placing an order

If you wish to make a purchase and the products in the shopping cart are suitable, you can place an order by clicking the “Confirm and Pay” button.

To place the order, you must select the appropriate delivery method and address and your preferred payment method. Payment can be made in the e-shop by bank link or bank transfer. Cash can only be paid with prior agreement with the seller. By placing an order, the buyer undertakes to pay for the order. As long as the buyer has not paid for the order, the seller is not obliged to start filling the order.

The following information is displayed at the time of ordering:

• customer’s details,
• cost of the cart;
• product availability (in stock or on order);
• method of delivery (it is possible to choose between picking up and using a courier service) and restrictions, if any. (the courier delivers goods Mon-Fri);
• payment method:
• comment on the order (it is possible to add a comment in case it is important to fulfill the order);
• delivery address (existing address can be changed by pressing the “Send to another address?” button);

When everything is as requested by the buyer, you must confirm that you are familiar with the terms of purchase and press the “Continue” button.

5. Payment

After making the purchase, be sure to press the “BACK TO MERCHANT” button.

In addition to paying through the e-shop’s bank link, legal entities also have the opportunity to order goods on the basis of prepayment invoices.  To receive a prepayment invoice, you must contact the seller by email   info@underwood.ee   and the prepaid invoice will be emailed to you.

The seller confirms receipt of the order by e-mail. The seller will also provide the buyer with a notice of the estimated time of arrival of the goods during the execution of the order. This time shall not be considered as the time of compulsory delivery of the goods, as the time of arrival of the goods may change due to circumstances beyond the seller’s control.

Unless the buyer who is a legal entity has paid for the order (in the case of invoices, one business day from the date of placing the order unless otherwise stated by the seller), the seller shall automatically cancel the order and the sales contract shall be deemed not to have been concluded.

On our website, you can pay for your order quickly and securely via bank links.

We support the following bank links: Swedbank, SEB, Luminor, LHV Bank, COOP Bank, and Pocopay.

Payment can also be made by installments. We support the following postpay methods: Liisi hire purchase and LHV hire purchase.

Your order will be processed as soon as the payment you have made has been credited 100% to our current account.

NB! Service fees related to payment are borne by the payer!

Payments shall be accepted in EUROS.

6. Delivery of goods

• If the buyer has chosen to pick up the goods himself or herself, the delivery address is Kesk-Sõjamäe 10a 6, Tallinn. When picking the goods up yourself, please be sure to call in advance and make an appointment (if the goods are in stock).
• If the buyer has chosen the courier method of delivery, the goods will be delivered to the buyer by courier service within 1-3 working days or as agreed with the buyer, and the goods are in stock. If the selected item is out of stock, the item will be shipped to the buyer by courier service within 1-3 business days after the item arrives at the seller’s representative office.
• The courier service includes the delivery of the goods by the courier to the delivery address indicated by the buyer. Small goods are delivered to the buyer’s door by a courier. Bulky goods are delivered by the courier to the house at the delivery address indicated by the buyer, i.e., there is no obligation for the courier to deliver the goods to the buyer’s door.
• In case the delivery of the goods fails in two consecutive times due to reasons beyond the courier’s control, the goods will be returned to the seller’s representative office. In this case, the buyer will be able to pick up the goods at the seller’s representative office or ask the seller to send the goods by courier service to the delivery address specified by the buyer, in which case the buyer undertakes to pay the seller the additional shipping costs.
• If the buyer has chosen the parcel terminal as a delivery method, the goods will be delivered to the parcel terminal service provider selected by the buyer within 1-3 working days (if the goods are in stock). If the selected goods are out of stock, the goods will be delivered to the parcel terminal service provider selected by the buyer within 1-3 working days after the item has arrived at the seller’s representative office. Only products whose packaging dimensions allow this can be ordered to the parcel terminal.
• In the e-shop product information, it is important to note the stock and delivery times. If the product can be purchased on a repeat order, place a note on the product sheet. If deliveries are delayed beyond the control of the seller (for example, the goods are out of stock, the courier company has unexpected problems, etc.), the seller’s representative will contact the buyer and explain the circumstances and deadlines.
• The goods will be delivered to the natural person buyer and the legal entity buyer’s representative with the production of an identity document. In the event of doubt as to the representational rights of the recipient of the goods, the seller’s employees shall have the right to verify it.
• Upon receipt of the goods, the recipient of the goods must check the compliance of the quantities of the goods received with the order and immediately inform the courier of any differences. Later claims will not be considered.

If the recipient of the goods cannot prove his/her identity or his/her right of representation, the seller is not obliged to issue the ordered goods.

7. Right of withdrawal of the consumer

The consumer purchaser has the right to withdraw from the sales contract under which the purchase is based within fourteen (14) calendar days of receipt of the product, as evidenced by the consumer’s signature on the deed of delivery or receipt of the product with the date of receipt of the product. In order to withdraw from the contract of sale, the consumer buyer must submit to the seller within 14 calendar days a notice of withdrawal stating whether, upon withdrawal, he/she wishes to recover the purchase price from the seller or exchange the purchased product for another product offered by the seller.

The consumer buyer shall not be entitled to withdraw from the contract of sale on the basis of the consumer’s right of withdrawal after payment for the product if the product is:

• a unique item made in accordance with the conditions submitted by the consumer buyer or has been specifically ordered by the seller for the consumer/buyer, taking into account the personal needs of the consumer buyer, and therefore impossible to sell to third parties;
• products or services for which the legislator has considered it necessary to impose a restriction on the exercise of the right of withdrawal (Section 53 (4) of the Law of Obligations Act); or if
• the exercise of the right of withdrawal is contrary to the purpose of the regulation of the consumer’s right of withdrawal or is contrary to the principles of good faith.

In the event of withdrawal from the contract of sale by the consumer/buyer, the seller undertakes to refund the purchase price paid for the product to the consumer/buyer unless the consumer/buyer has expressed a different request. The seller shall transfer the money for the returned product to the consumer/buyer’s bank account no later than fourteen (14) calendar days after receipt of the application for withdrawal provided that the consumer/buyer has returned the product or has provided proof that the product to be returned has been sent to the seller, provided that there is no basis for reducing or offsetting the amount to be returned to the buyer. In the event that the product is defective in the opinion of the consumer/buyer, the consumer/buyer undertakes to inform the seller thereof in the withdrawal application and to eliminate the defect before returning the product (e.g., by taking a picture).

The product returned by the consumer buyer must be complete (including all items included in the original product package, including accessories and their packaging). If the product has been purchased as part of a campaign where another product has been added to the product, the consumer purchaser must return the entire kit, i.e., both the product and all that is attached to it. The returned product must not be used. The use of the product does not include ascertaining the nature, properties, or performance of the product in the manner that would otherwise be permitted in a store. The original packaging of the returned product must not be damaged and must have a commercial appearance.

If the product (and/or its packaging) returned by the consumer/buyer from the consumer is degraded, mutilated, or damaged, the seller has the right to set off the value of the product against the amount to be refunded to the consumer. For offsetting, the seller sends the consumer/buyer an offset application to the email address given by the consumer/buyer when the order was placed. In the event that the consumer/buyer does not agree with the impairment indicated in the offset notice or claim for compensation submitted to the consumer buyer, the consumer buyer shall have the right to engage an independent expert to determine the impairment of the product. The costs of the expert assessment shall be shared equally between the consumer/buyer and the seller unless one party’s position proves to be clearly unfounded as a result of the expert assessment. In that case, the costs of the expert assessment shall be borne by the party whose position is unfounded.

The consumer buyer undertakes to return the product to the seller’s office using the consumer’s right of withdrawal.

If the consumer/buyer withdraws from the contract of sale using the 14-day right of withdrawal, the consumer will bear the direct cost of returning the product (including transportation and postage).

8. Right of withdrawal of the seller

The Seller has the right, among other things, to withdraw from the contract of sale concluded with the buyer where, due to a technical error, the price of the product offered in the e-shop has changed/has been changed so that it is unreasonably cheap compared to the regular market price, and the seller has not specifically stated at the product that it is a special price for the product and the seller has not yet sent/delivered the product to the buyer. The seller shall have the right to withdraw from such sales contract within three (3) working days of becoming aware of the sales contract entered into at a defective price by submitting a corresponding application to the buyer. In the event of withdrawal from the contract of sale, the seller undertakes to reimburse the buyer the price paid for the product and the transport cost within ten (10) calendar days at the latest.

9. Non-conformity of the goods with the contract

Consultation on the suitability of the product can be obtained from the seller’s representative, the seller’s general number +372 5850 1299 or by sending an e-mail to info@underwood.ee.

The buyer has the right to file a claim for the non-conformity of the product, which becomes evident within two (2) years after delivery of the product to the buyer. In addition to the buyer ‘s right to file a claim within two (2) years, the product may also be covered by a manufacturer’ s warranty, the existence, and duration of which may be found separately on each product or on the manufacturer’s website.

The consumer purchaser has the right to seek all legal remedies in the event of a potential non-conformity of the product with the terms of the contract and to complain to the Consumer Disputes Committee at the Consumer Protection Board whose competence includes resolving disputes arising out of a contract between the consumer buyer and the seller which the parties have been unable to settle by mutual agreement, provided that the value of the product or service in question is EUR 20 or more. Reviewing of the claim in the Consumer Disputes Committee is free of charge for the parties. Goods are not repurchased from legal entities.

The buyer shall notify the seller of the defect within at least two (2) months of the date on which the product is found to be defective, by submitting to the seller a claim that can be at last reproduced in writing. The buyer must indicate in the claim his/her name and contact details, the date of filing the claim, the date the product appeared defective, a description of the defect and its discovery, and must include or attach to the claim a proof of purchase of the product, a photo of the defective product and the product serial number.

The buyer shall have the right to require the seller to repair or replace the product for free in the event of a defective product or, in case it is impossible or unreasonable,  to withdraw from the contract of sales  provided that the seller is unable to repair or replace the product, or the repair fails or is not performed within a reasonable time.

The seller shall not be liable for damage caused by defective products, such as damage to property or information, loss of turnover, or profit. The seller’s liability under the contract of sale is limited to the value of the product in cases where the foregoing is not prohibited by law.

10. Information contained in the e-shop

The seller makes every effort to ensure that the information on the seller’s website and the e-shop are accurate and up to date. The seller has the right to change the information on the Web at any time, to make additions and changes, and at the same time to remove the information partially or completely from the website.

The seller reserves the right to adjust prices as necessary without prior notice to potential buyers. Price changes will not have a retroactive effect on orders that have already been paid but not yet delivered. The prices of samples of goods in the seller’s e-shop and representative office may differ. In this case, the price quoted in the seller’s representative office is considered valid.

If there is a suspicion that the information displayed in the e-shop is inaccurate, it is advisable to contact the seller before placing an order and ask the seller to clarify the suspicion.

If you have any questions, please email us info@underwood.ee or call +372 5850 1299.