Terms
Terms & Conditions
1. The following sales conditions (the Conditions) shall:
1.1 Apply to all users (Customer) of the online shopping environment (website, webshop, e-store) www.kbautoparts.com belonging to KB Auto Eesti OÜ.
1.2 Regulate the relationship between the parties to the Sales Contract: the owner of the webshop KB Auto Eesti OÜ (registry code 11430778) and the Customers of the webshop.
1.3 In addition to the conditions of use of the webshop, all activities between the parties are governed by the legislation of the Republic of Estonia.
1.4 KB Auto Eesti OÜ reserves the right to amend the Conditions and the sales prices to further benefit the the webshop and/or its security. Any and all modifications to the Conditions and the sales prices shall be made available on the website www.kbautoparts.com. The amendments shall take effect starting from their publication on the website. For any orders submitted by the Customers, prior to the change of the Conditions, the previous version of the Conditions shall apply, unless otherwise stated by the legislation ofthe Republic of Estonia.
2. Prices and currency
2.1 All purchases shall be paid in full immediately after the purchase is made. All prices shown in the webshop for any specific order are valid only in case of full payment received. The customer is not entitled to claim compensation for any price differences that might occur after the submission of their order.
2.2 All prices in www.kbautoparts.com webshop include 20% VAT.
2.3 All prices indicated are in Euros and all payments are processed in Euros.
3. Finalizing the order and paying for the goods
3.1 A shopping cart will be created automatically subsequent to a Customer clicking the „Add to Cart“ button.
3.2 The list of items and number of products added to the shopping cart may be modified at any point in time.
3.3 The customer is responsible for submitting valid contact details and information for all mandatory fieldswhen submitting the order. KB Auto Eesti OÜ is not liable for any delays in delivery when they are caused by inaccurate details as presented by the Customer. Additionally, the webshop is not liable for the costs ofreturning or reshipping the order, if it is caused by inaccurate or false details presented by the Customer upon submitting the order.
3.4 Upon successful submission of the order, the webshop shall send the Customer a confirmation e-mail. Apayment obligation arises from the successful submission of an order.
3.5 The Sales Contract enters into force upon the successful receipt of payment made by the Customer to KB Auto Eesti OÜ’s bank account.
3.6 In case a product is out of stock, KB Auto Eesti OÜ will notify the customer by phone or e-mail as soon as possible, but no later than within 3 working days after receipt of the payment for an order.
4. Delivery of goods in Estonia
4.1 Once the Sales Contract has entered into force (according to paragraph 3.6 of the Conditions), the products shall be delivered to the Customer in accordance with the contact information submitted in the order finalization process. The Customer shall be contacted by phone to organize the delivery of the order.
4.2 For any product in stock, the average delivery time is 1-3 working days in Estonia.
4.3 Couriers DPD, DHL or Omniva shall deliver the order to the address submitted in the order by the Customer. Changing the place of delivery is not possible once the order has been released to the courier.
4.4 The customer is responsible for submitting valid contact details and information for all required fields when submitting the order. Neither KB Auto Eesti OÜ nor the Courier is liable for any delays or misunderstandings in delivery resulting from inaccurate details presented by the Customer.
4.5 In case of damage occurring to the product itself during delivery, the product shall be replaced for the Customer.
5. Delivery outside of Estonia:
5.1 Subsequent of the Sales Contract entering into force (according to paragraph 3.6 of the Conditions), theorder shall be delivered to the Customer in accordance with the contact information submitted in the order finalization process.
5.2 Within Europe, DPD or DHL courier shall deliver the order to the address submitted in the order by the Customer. Changing the place of delivery is not possible once the order has been released to the courier.
5.3 The Customer is responsible for submitting valid contact details and information for all mandatory fieldswhen submitting the order. Neither KB Auto Eesti OÜ or the Courier is liable for any delays or misunderstandings in delivery resulting from inaccurate details presented by the Customer.
5.4 The courier shall deliver the order to the Customer with a delivery note. Prior to signing the delivery note, the Customer must make a visual check of the order’s outer packaging. In case of any notable damage to the packaging, the Customer must make a note of it on the courier’s delivery note. If possible, a photograph should be made of the damage and then KB Auto Eesti OÜ should be contacted as soon as possible.
5.5 In case of damage occurring to the product itself during delivery, the product shall be replaced for the Customer.
5.6 For requesting delivery outside of Europe, please contact the Customer support of KB Auto Eesti OÜ.
5.7 When ordering to a country where it is necessary to undergo customs or other additional procedures (inaddition to transfer of goods to the carrier) to receive the order, the Customer shall be responsible for timely and accurate compliance with such procedures.
COST
6. Cancellation of the order and the right to return
6.1 The Customer may withdraw from the Sales Contract within 7 days after receiving the goods without giving any reason.
6.2 The right to return expires after 7 days starting from the day when the Customer or a third person (other than the courier) received the order into their possession.
6.3 To cancel the order and withdraw from the Sales Contract, the Customer must notify KB Auto Eesti OÜ of their respective decision by a written notification via e-mail.
6.4 Where the Customer withdraws from the Contract in a way stated in paragraph 7.1, KB Auto Eesti OÜ shall return to the Customer any and all payments received from the Customer, including shipping costs, within 14 days. KB Auto Eesti OÜ may refuse to make the repayment until the goods being the object of the contract are returned or until the Customer submits evidence that the Customer has shipped the goods in the packed form.
6.5 KB Auto Eesti OÜ is to make the repayments stated in subsection 7.4 using the same payment method that the Customer used making the original payment, except where the Customer explicitly agrees for using a different payment method. The Customer shall not bear any service fees or other expenses in connection with such repayments.
6.6 KB Auto Eesti OÜ has the right to present claims to the Customer regarding the decrease in the value ofthe product within one month as of the receipt of the returned Product.
6.7 If the condition of the product returned has deteriorated, the Customer is responsible for the decreasedvalue of the product due to its use only if the product has been used in any other way than is necessary toverify its nature, qualities and functioning. To verify the object's nature, qualities and proper functioning, the Customer should treat and use the object only in the manner that would be generally allowed in a store.
6.8 The products returned must be packed in an outer packaging in a way that protects them from potentially getting lost or damaged during transport and to not cause harm to anyone. If products are bought as a set or inclusive of a gift, the full set must be returned in its entirety.
6.9 The Customer shall bear shipment expenses occurring from the return of the goods.
6.10 If the Customer has used or tested the returned product in any other way than is necessary to verify its nature, qualities and functioning, or in the manner that would not be generally allowed in a store, the Customer shall be held responsible for the decreased value of the product, and KB Auto Eesti OÜ has the
right to deduct this sum from the amount subject to repayment to the customer. If the Customer does not agree to the decrease in the value as indicated by KB Auto Eesti OÜ, the Customer has the right to involvean independent expert in order to establish the decreased value of the product. The costs related to the independent expert assessment shall be incurred by the party whose opinion proved to be unfounded. If such party cannot be determined, the costs related to the expert assessment shall be divided equally between the Seller and the Customer.
6.11 The right of withdrawal shall not apply, if the products were delivered to the Customer in closed packaging that is not subject to return for hygiene or health protection reasons, or if they have been opened by the customer after delivery.
7. Warranty, liability and return of non-compliant goods
7.1 KB Auto Eesti OÜ shall be liable for any noncompliance or defects found on the products within the following periods:
7.1.1 Within 14 days from the date of delivery of the product to the Customer.
7.2 KB Auto Eesti OÜ shall not be held liable:
7.2.1 For damage caused at the fault of the Customer.
7.2.2 For any defects arising from the improper use of the product.
7.2.3 For any defects arising from normal wear and tear that may occur during the intended use of the product.
7.3 In case of any defects or noncompliance, the Customer may request the replacement of the products. Alternatively, they have the right to withdraw from the Sales Contract and return the defective product to KB Auto Eesti OÜ at the expense of KB Auto Eesti OÜ.
7.4 Where a product is returned due to a defect or noncompliance, KB Auto Eesti OÜ shall make a full repayment for the products (incl the cost of transport) to the bank account of the Customer within 2 working days of receiving notification of return, presuming the Customer has also returned the defective product during this period.
7.5 Where the goods do not comply with contractual conditions, the Customer may use their rights as stated under the warranty or by the legislation of the Republic of Estonia.
8. Submitting claims
8.1 Where the Customer does not return the goods within 7 days since receipt and the goods demonstrate noncompliance with contractual conditions (deficiencies), in order to recede from the Contract the Customer shall submit a written claim to the company.
8.2 In case the goods demonstrate deficiencies, KB Auto Eesti OÜ shall be liable for any noncompliance in accordance to the deadlines stated in subsection 8.1. If a defect arises within the first 14 days starting from the date of delivery to the Customer, it is presumed that the defect existed already during the delivery. It is up to the webshop to prove the opposite.
8.3 The claim to the webshop shall include the following information:
8.3.1 The Customer’s name and contact details;
8.3.2 The date of submission of the claim;
8.3.3 The incompliance demonstrated by the goods;
8.3.4 The claim submitted to the online store;
8.3.5 The Customer shall also attach the document confirming the transaction / a purchase bill / a copy of payment order.
8.4 KB Auto Eesti OÜ shall respond to all claims within 15 days. Where it is impossible to respond to the claim within 15 days, KB Auto Eesti OÜ shall inform the Customer accordingly and shall set a new reasonable time for the response.
8.5 Where KB Auto Eesti OÜ does not satisfy the Customer’s claim, it shall provide the Customer with a written reasoning.
8.6 If any defects occur, KB Auto Eesti OÜ shall replace the product with an identical product. If replacing the product is not possible, KB Auto Eesti OÜ shall return all payments applicable to the Sales Contract to the Customer.
8.7 In case a Customer and KB Auto Eesti OÜ are unable to find a satisfactory solution for the dispute, the The Customer also has the right to turn for protection of his/her rights to the Consumer Dispute Committee working under the Consumer Protection Board. More information on submission of claims is available on the website www.komisjon.ee. Reviewing the claim is free of charge. For solution of complaints for orders outside of Estonia, the consumer can turn to the European Commission official website for Online Dispute Resolution.
9. Responsibilities and Force Majeure
9.1 KB Auto Eesti OÜ is responsible to the customer and the customer is responsible to KB Auto Eesti OÜ for any damages caused to the other party by breaking these Conditions the the full extent of the Law of the Republic of Estonia.
9.2 KB Auto Eesti OÜ shall not be held liable for damage caused or for delay in delivery of the Product, if the damage or delay in delivery are the result of circumstances that KB Auto Eesti OÜ could not have influenced or foreseen (Force majeure)
10. Other provisions
10.1 Any personal data that becomes available to KB Auto Eesti OÜ during the Customer’s use of the website or making purchases, are considered to be confidential
10.2 For any topics not covered by these Conditions, the legislation of the Republic of Estonia applies.
10.3 Any disputes between the Customer and KB Auto Eesti OÜ related to the orders made via the webshop,shall be solved by the Consumer Dispute Committee working under the Consumer Protection Board, located at Pronksi 12,10117 Tallinn, info@tarbijakaitseamet.ee. The disputes shall be settled by following the legislation of the Republic of Estonia.
11. Disclaimer:
11.1 The product images are illustrative only.
11.2 All prices and availability of the Products are subject to change without prior notice. Should the purchase prices or availability of the products change significantly, KB Auto Eesti OÜ reserves the right to cancel the order and refund the payment to the Customer within 2 working days.
11.3 KB Auto Eesti OÜ reserves the right to cancel any order in case of the following occurring: a) a human error in inserting the selling price or b) a technical error in the system (for example, a 7000 euro product has mistakenly been up for sale for the price of 70 euros).
11.4. Prduct information is regularly checked and/or modified.
