E-Store data and other information.
Mobiluxest OÜ
Address: Hõbeoru Nõo Tartumaa 61601
Registration code 14939318
Phone +372 56850081
Email address: info@luxkellad.ee
Luxkellad.ee e-store sales conditions
Terms used in the terms of sale
E-shop - the offering and sale of goods or services on the Internet without the simultaneous physical presence of the parties
The place of business of the e-shop - the place of business in the case of e-commerce is the address of the website
Merchandise – movable property offered or sold for sale
Seller - a natural or legal person, including a public legal person, acting for a purpose related to his economic or professional activity
Buyer - a natural or legal person who purchases goods from a trader;
Consumer - a natural person who acts for a purpose that is not related to his economic or professional activity;
Consumer dispute - a dispute related to contractual obligations arising from a contract between a consumer and a trader;
VÚS - Law of Obligations Act.
General settings
Products are sold in the e-shop in accordance with the legislation of the Republic of Estonia. The sales conditions of Mobiluxest OÜ are in accordance with the Law of Obligations Act, the Consumer Protection Act, the Commercial Activities Act, the Information Society Service Act, the Waste Act and Regulation No. 524/2013 of the European Parliament and of the Council on the Internet-based resolution of consumer disputes.
The e-shop has the right to make changes to the offered e-shop services and price lists at any time. The e-shop has the right to unilaterally change and supplement these terms and conditions of sale in the event that the laws governing trading change, inconsistency with the current laws is discovered in the conditions, or it is caused by some other valid reason in accordance with the current laws. The terms of sale of already concluded user agreements remain valid in the version that was valid at the time of the conclusion of the agreement.
The prices of goods in the e-shop are in euros and include VAT.
Acquaintance with the terms and conditions of the e-store is mandatory for the buyer. Before confirming the purchase of goods, the buyer must confirm acceptance of the terms of sale of the Mobiluxest OÜ e-store https://luxkellad.ee. For consent it is considered that the buyer has read them, understood them and confirms his agreement with the conditions stated in the sales contract.
Prices
All prices of goods sold in the e-shop are expressed in euros and include VAT.
If the buyer wants the goods to be delivered to the addressee indicated by him in the order, the price of the goods will be subject to the cost of transport, mail or other delivery.
The e-shop has the right to change the prices of the goods sold in the e-shop at any time.
If the seller has changed the price of the goods before delivering the goods to the buyer, the goods will be delivered at the sales price valid at the time of purchase.
About the general products and purchase process
The goods offered in the e-shop are available in stock or ordered from suppliers as needed. During the purchase process, the buyer is shown information about the size of the stock.
After placing the order, the buyer receives the seller's order confirmation to his e-mail address.
In case of a longer delivery time, in agreement with the buyer, the trader offers:
new delivery time;
replacing the product with another equivalent product;
refund.
In case, for reasons beyond the control of the seller, the delivery time exceeds 30 calendar days, the seller offers a new delivery time, replacement of the product with another equivalent product, or refund of money.
Based on the buyer's request, the trader will return the money paid for the goods within 14 days from the date of withdrawal from the contract. The seller makes a refund for the returned goods using the same payment method that the buyer used to make the payment. By agreement with the buyer, it is possible to use a different payment method.
The Customer pays 100% in advance for purchases made in the online environment (e-shop).
Payment takes place outside the e-shop in a secure environment - when paying with a bank link, in the secure environment of the respective bank. The entrepreneur does not have access to the customer's bank and credit card data.
Orders can be paid for by credit card (Visa, MasterCard) and Estonian bank links (Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay).
Mobiluxest OÜ is the responsible processor of personal data, Mobiluxest OÜ transfers the personal data necessary for making payments to the authorized processor.
The product images displayed next to the product in the e-shop may have an illustrative meaning and may differ from the actual product. To get acquainted with the product and to obtain more detailed information or a description, the buyer can contact the trader by e-mail.
Trading in the e-shop takes place with both natural and legal persons.
The buyer is obliged to provide the trader with the required, correct and correct data for the fulfillment of the order during the purchase process (in the case of the consumer, last name, first name, contact telephone number, e-mail address, delivery address, zip code, and in the case of a legal entity buyer, the name of the legal entity instead of the last name, and in addition to the other data listed in the case of the consumer, the commercial register code ). The e-shop is not responsible for problems or any consequences caused by the buyer's submission of incorrect data.
In the e-shop, after placing the order, the buyer becomes obligated to pay on the basis of the invoice provided by the seller. The seller of the e-store also offers the option of installment payment, for which the buyer must fill out a relevant application.
The fulfillment of the e-store order starts from the moment when the buyer has placed the order for the goods and fulfilled the accompanying payment obligation, or the installment payment request has been satisfied by the installment payment company and the installment payment request has been signed by the buyer.
E-shop goods marked "sample product" "returned product" are partially scratched or damaged product packaging may show signs of wear.
In the e-shop, the buyer can give the seller consent to receive sales offers at the e-mail address provided by him.
Purchase process in the e-shop
To start the purchase process, the buyer must select a suitable item from the luxkellad.ee e-store and read the information, description, purchase conditions and price related to the item. All the necessary information can be found under the product description. The availability of the goods and the delivery time of the ordered products are displayed to the buyer during the goods selection process.
To complete the purchase, the buyer must select the product and place it in the shopping cart.
If desired, the buyer can select more products in the shopping cart. Before finalizing the purchase, the buyer must make sure that the requested quantities of all goods are correct.
Before making the final purchase and confirming the purchase, the items selected in the shopping cart can be deleted, the items and quantities can be changed.
In order to confirm the purchase, the buyer must enter all the data required by luxkellad.ee in the product order.
In the event that the buyer wishes to have the goods delivered to the addressee indicated by him in the order, the price of the goods will be subject to the addition of transport, postal or other delivery costs. For this purpose, the buyer chooses the method of delivery of the goods before the final confirmation of the goods order. According to the method of delivery chosen by the buyer, a fee for the delivery of the goods is added to the price of the goods. Purchases, the amount of which exceeds 49 euros, are delivered to the buyer free of charge (unless otherwise stated)
The e-shop offers the buyer the following ways to deliver goods within the Republic of Estonia:
Courier
Smartpost, Omniva or DPD parcel store service to the parcel machine or parcel store indicated by the buyer.
Shipments within Estonia generally arrive at the destination specified by the buyer within 3-10 working days from the entry into force of the sales contract. Delivery outside Estonia takes place within 14-21 calendar days. In exceptional cases, you have the right to deliver the goods within 30 calendar days.
The buyer is obliged to familiarize himself with the sales conditions of luxkellad.ee before making the final purchase. To do this, the buyer must make a mark in the corresponding window "I have read the Terms and agree to them" if he has read the terms of sale, understood them and agreed to them. Without accepting the terms of sale of the online store, the buyer cannot continue the purchase process.
The sales contract for goods purchased from the e-store becomes binding for the parties after the buyer pays the sales invoice or concludes the installment contract.
When purchasing goods in installments from the e-store, an application for installment payment must be filled out. Upon satisfaction of the application by the company offering installment payments and after the buyer signs the installment agreement, the e-store sales contract is deemed concluded.
When requesting an installment payment, the buyer must sign an installment agreement within 3 days of the agreement of the company offering the installment payment to issue the installment payment. If the buyer has not signed the installment agreement by the deadline, the order in the e-shop will be cancelled.
The buyer is obliged to pay the purchase invoice of the e-store within 1 day of placing the order. If the buyer has not paid the purchase invoice within this time, the order in the e-shop will be cancelled.
After confirming the order, the seller sends the following information to the buyer's e-mail address:
Mobiluxest OÜ data including address and communication means data;
information about the purchased goods;
the total price of the goods including all taxes and fees, including the costs of delivering the goods;
When making a purchase in the e-store, the buyer chooses the most suitable delivery options offered by the seller.
The length of the delivery period for goods purchased from the online store depends on whether the ordered goods are in stock or not.
Based on his request, the money paid for the goods due to the longer delivery time (including the paid transport service) will be returned to the buyer within 14 days from the date of withdrawal from the contract.
If possible, the seller shortens the delivery time by notifying the buyer about it through the contact details or communication means attached to the order.
Withdrawal from the purchase and sale agreement and return of the proceeds based on the purchase and sale agreement
The right of withdrawal does not apply if the buyer is a legal entity (e.g. companies and institutions)
Both the buyer and the seller can cancel the contract or withdraw from the contract before the goods are delivered to the buyer in accordance with the provisions of the General Terms and Conditions.
The seller reserves the right to withdraw from the contract before delivering the goods to the buyer for the following reasons:
It is not possible to deliver the ordered goods within a reasonable time or without incurring unreasonable costs to the seller.
Current legislation does not allow the ordered goods to be sold to the buyer.
The fulfillment of the order is prevented by the so-called force majeure.
The seller is not able to fulfill the contract for other reasonable reasons not mentioned here.
If the seller withdraws from the contract, he will return the advance payment paid to the buyer immediately, but no later than within 14 days of making the decision to withdraw.
When withdrawing from a contract concluded for the purchase of goods in the e-shop, the contract withdrawal provisions of VÕS apply.
Once the goods purchased from the e-shop have reached the consumer, the consumer can return the purchased goods within 14 days.
When withdrawing from the contract and returning the goods, the consumer must inform the seller of the withdrawal in written form in an understandable and unambiguous manner.
In the withdrawal form filled out online, the consumer must indicate the number of the goods order or purchase invoice, which can be found on the order confirmation and purchase invoice. If there is more than one item in the order and the cancellation is only applied to some of the items, it is necessary to indicate separately which items the cancellation applies to. The consumer's first name, last name, and contact details must also be indicated on the withdrawal statement.
The withdrawal must be submitted to Mobiluxest OÜ e-mail address: info@luxkellad.ee
The consumer returns the goods to the seller immediately, but no later than 14 days after making the withdrawal statement.
Upon receipt of the withdrawal statement, the seller shall return to the consumer immediately, but not later than 14 days, all fees received from the consumer based on the contract, including the costs of delivering the goods borne by the consumer. In the event that the consumer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the seller, the seller will not refund the cost to the consumer that exceeds the cost associated with the standard delivery method. The seller can refuse to make a refund to the consumer until he has returned the goods that are the subject of the withdrawal agreement.
The product warranty is valid for 2 years from the moment of receipt of the product, which means that as a customer, you have the right to repair and exchange the product, full or partial refund of the cost of the product, depending on the specific situation. The warranty is valid if the complaint is justified and the damage/defects to the watch are not caused by incorrect use of the watch or exposure to damaging conditions.
In the case of a broken watch, a short description of the problem and pictures should be sent to our customer service at: info@luxkellad.ee. We assess the damage to the watch and decide whether to repair or replace the watch.
The warranty does not apply:
– for batteries, glass, crown buttons, straps, crystals and other decorations attached to the watch and packaging
– for defects caused by overloading, incorrect or careless use, accidents, insufficient maintenance, normal wear and tear, incorrect handling
– for water damage on non-waterproof watches (water resistance below 3 Atm)
– for damages caused by manipulations performed by unauthorized sellers/caregivers.
Deficiencies of goods must be reported as soon as possible after the deficiencies appear: if the shortage of goods is reported within two months of its occurrence, the complaint is timely. In the case of a legitimate complaint, we will cover reasonable delivery costs.
If the complaint is not justified, we have the right to charge a processing fee and the costs of delivery and return of the goods.
Please familiarize yourself with and follow the rules applicable to returned goods:
• the product must be in perfect condition (it must not be black, dusty, scratched, all labels and protective films must be unremoved and still present), all original manuals/accessories etc. must still be present (the product must be complete)
• original inner – the outer packaging must not be damaged (the packaging can be opened to get to know the product) and cut (except for cutting tape etc., the packaging itself must be intact)
• product codes/serial numbers (software and hardware) may not be registered / activated.
• when returning, it is also necessary to have the purchase document/invoice (this is the invoice sent by us - if it is lost, you must have at least the order number or your name, by which we can find your order).
• Here is some information about product packaging that we strongly recommend you follow:
o never return the product only in the original packaging - because it is possible (and quite likely it will happen) that the packaging of the product will be damaged during delivery. We refuse to accept such packages
o we are not responsible for damage caused by incorrect or incomplete packaging during product transportation
o If the goods have been unpacked, put to work/assembled, Luxkellad.ee will refund up to 70% of the original purchase price, by first evaluating the goods and checking their condition.
o We will not accept any returns that do not comply with the above policies. We refuse to accept such products.
In case of deterioration of the condition of the goods to be returned, the consumer is responsible for the decrease in value due to the use of the goods, if he has used the goods in a way other than what is necessary to make sure of the nature, characteristics and functioning of the goods.
If it is possible to open the packaging of the goods without damaging the packaging, the Customer undertakes to open the packaging in this way. Items attached to the goods to protect the condition of the goods (e.g. protective films), which do not prevent the product from being tried on and familiar with it, must not be removed when returning the goods. In order to make sure of the nature, characteristics and functioning of the goods, the consumer must handle and use the goods only as he would normally be allowed to do. do it in the store. The product must be in its original packaging and unused.
The seller makes refunds for the returned goods using the same payment method that the consumer used to make payments. By agreement with the consumer, it is possible to use a different payment method. Based on the law of the Republic of Estonia, the transportation fee incurred for the return is deducted from the returned amount.
The goods returned by the consumer must be unused, in the original packaging (may have signs of opening, but not damaged) and in the original completeness (include all items in the product packaging). If the product has been purchased as part of a product campaign, where some other product has been added to the main product, the buyer must return the entire set, i.e. all products.
The consumer cannot return the purchased goods if the goods are made to order for him, taking into account the consumer's personal needs or according to the conditions provided by the consumer. Goods that are not eligible for return due to health protection or hygiene reasons and that have been opened after delivery cannot be returned. Audio and video recordings and computer software with an open case are also not eligible for return.
The consumer bears the direct costs related to the return of the goods transferred to him as the object of the purchase-sale agreement, unless the parties have agreed otherwise in the purchase-sale agreement.
Procedure for submitting claims
Products sold to the consumer through the e-shop are subject to the 2-year deadline for submitting a claim, as stipulated in Section 218(2) of the Tax Code. The claim submission period starts from the date of delivery of the goods to the consumer, which is fixed on the shipping document of the goods.
The claim must be submitted immediately. Upon discovery of a defect, the buyer must take reasonable measures to preserve and protect the goods, including not using the defective goods if the use of the goods further deteriorates the condition of the goods.
The buyer, entering into a purchase and sale contract in his economic or professional activity, must inspect the purchased goods immediately or have them inspected and notify the seller of the non-compliance of the goods with the contractual conditions within a reasonable time after he became aware of the non-compliance of the goods with the contractual conditions.
or should have known.
The buyer who has entered into a sales contract in economic or professional activities must describe the non-conformity of the goods in sufficient detail when reporting the non-conformity of the goods to the contract, i.e. when submitting a claim.
The claim submitted to Mobiluxest OÜ cannot be resolved if it is proven that the defects in the goods were caused by the fault of the buyer.
The buyer has the right to free repair of the goods by the seller during the period provided for submitting a claim. If the product cannot be repaired, it will be replaced based on the decision of the authorized workshop. If it is not possible to replace the goods, the seller will return the money paid for the goods to the buyer.
The right to submit a claim is valid on the condition that the goods have been used only under the conditions prescribed for this purpose and for the intended purpose.
The claim submission period is interrupted and the free repair services become invalid if:
when bringing goods to the store for repair, a document proving its purchase or employment is not presented, or if the data on it has been changed/deleted;
the serial and model number of the item has been altered, removed or illegible;
the design or factory configuration of the goods has been changed without authorization or if the goods have been repaired by unauthorized persons;
the lack of goods has arisen due to the buyer's fault as a result of improper operation, non-observance of the user manual, or if the defects were caused by careless storage, maintenance, overloading, physical damage to the product, liquid damage, etc.;
The right to file a claim does not extend to damages incurred during transport after the goods have been handed over to the buyer, improper use of the goods, improper installation of software, or use of the goods for a purpose not intended for that purpose. Also, normal wear and tear of parts resulting from regular use of the goods and errors that are irrelevant from the point of view of the intended use of the goods (scratches, etc.) are also not covered by the claim.
Mobiluxest OÜ is not responsible for:
for the preservation of information related to the goods to be repaired;
for data and software damage and data loss that may accompany the repair of the goods;
for failure to eliminate product defects, if the defect is not mentioned during the claim submission.
Mobiluxest OÜ points out that the consumer has the right to use the legal remedies listed in § 101 of the VÕS § 101 in case of non-compliance with the contract conditions of the goods purchased from the e-shop.
Warranty procedures
Mobiluxest OÜ mediates the warranty and warranty procedures for the goods sold in the e-shop, without performing warranty repairs itself.
Defects caused by the manufacturer's fault usually take 2-3 weeks to be repaired from the time the product is handed over to the warranty service. If it turns out that the repair requires delivery of parts from abroad, the waiting time is extended to 45 working days.
According to VÕS§ 218, paragraph 2, in the case of sales to consumers, it is assumed that the non-compliance with the contract conditions that appeared within six (6) months from the day of handing over the thing was already present at the time of handing over the thing, i.e. the thing was already defective at the time of purchase, therefore the possible costs associated with identifying the manufacturing defect (including expertise) are covered Guarantor. During the remaining 18 months, it is assumed that the item's non-compliance with the contractual conditions has occurred during use, and the burden of proof and the obligation to cover the costs associated with identifying the manufacturing defect rests with the consumer, unless as a result of the examination it appears that the product's breakage was due to a product defect.
In case of warranty problems, when returning the goods to the seller, the goods must be carefully packed so that no damage occurs during transport. If the goods/products are not sent properly packed, we will terminate their warranty.
In the case of goods that have an authorized product representative in Estonia, buyers can contact them independently with warranty issues.
In order to carry out the warranty repair procedure, the buyer must present a copy of the document certifying the execution of the sales or employment transaction by Mobiluxest OÜ and the product with an undamaged serial number. In the event that the serial number of the item is damaged or illegible, as well as in the event that the item has visually visible marks mechanical damage, Mobiluxest OÜ has the right to refuse to mediate a free warranty repair.
In order to mediate the warranty repair procedure, the goods must be presented to Mobiluxest OÜ in their original completeness.
Mobiluxest OÜ preserves and stores goods that have passed warranty procedures for up to three months, after which, if the person who brought the goods to the warranty procedure has not picked them up, the goods will be disposed of.
The length of the warranty period is defined by the manufacturer of the goods, and the relevant information is provided in the product description and information of the goods sold in the e-shop. For legal entities (companies) - 12 months sales guarantee!
If there is no information about the warranty in the product description, then Mobiluxest OÜ does not mediate the warranty.
The warranty period begins when the goods are handed over to the buyer.
In the event of a warranty, the buyer must:
to check that the goods are free of physical damage and that all accessories, attachments and equipment related to the goods are intact and complete. If there is physical damage to the goods, the manufacturer's warranty does not extend to the goods;
In the case of non-complex goods, the trader and the authorized service agency may refuse to undertake warranty repair of the goods;
to describe the error or defect as accurately as possible and how and when the defect appeared or occurred in the goods.
In the event that the examination carried out during the resolution of the warranty case reveals that the goods have been damaged as a result of incorrect operation due to the buyer's fault, or if the goods are not found to be defective as a result of the examination and the goods meet the manufacturer's technical requirements, the costs of the examination will be paid by the person who examined the goods.
In the case of warranty cases, Mobiluxest OÜ does not allow a replacement product to replace the item sent for examination or repair.
Warranty cases do not include:
consumable parts (batteries, carbon black cartridges, printheads, diskettes, CD discs, mouse mat, license stickers, etc.) and packaging and documentation;
software, including pre-installed software and operational malfunctions caused by software;
operational malfunctions and physical injuries that have occurred as a result of unintentional or intentional physical injury or foreign objects, liquids, insects, excess dust, etc. that have gotten inside the goods. by;
malfunctions and physical injuries caused by malfunctioning electrical systems (lack of grounding wire, etc.), power outages or network voltage fluctuations;
malfunctions and physical injuries caused by the use of non-original parts or unsuitable accessories.
malfunctions caused by incorrect use of the equipment or disregarding the requirements of the user manual.
Procedure for resolving customer complaints
In the event of customer complaints, the buyer must send a written complaint to the e-mail address: info@luxkellad.ee
In the case of a written or reproducible complaint, the buyer must state:
name and contact information;
the date of filing the complaint;
the content of the description of the complaint or the claim to the seller;
in the case of a customer complaint related to the purchase of goods, attach a document proving the purchase or guarantee or a copy thereof.
Mobiluxest OÜ sends confirmation of its acceptance to the complainant.
Mobiluxest OÜ responds to the buyer's complaint within 14 days. If the seller needs an additional deadline to respond to the complaint, the seller will inform the buyer of this along with the reasons for the delay, giving the complainant a new deadline within which to respond to the complaint.
In the event that the consumer is not satisfied with the seller's solution to the customer complaint, he can turn to the out-of-court dispute resolution unit, which is the Consumer Disputes Commission operating under the Estonian Consumer Protection and Technical Supervision Board.
The Consumer Disputes Committee is competent to resolve disputes arising from the contract concluded between the consumer and the seller, which the parties have not been able to resolve by agreement.
Review of a complaint by the Consumer Disputes Commission is free of charge.
Mobiluxest OÜ draws the attention of consumer buyers to the online dispute resolution platform (ODR platform) in accordance with Regulation (EU) No. 524/2013 of the European Parliament and the Council on online resolution of consumer disputes. In particular, the Internet-based dispute resolution platform is designed to resolve cross-border disputes, enabling the consumer-buyer to more easily find a suitable out-of-court entity in the trader's Member State to resolve a specific dispute.
Issues not separately mentioned in these e-store sales conditions are resolved based on the legislation in force in the Republic of Estonia.
Confidentiality of personal data
The confidentiality of personal data is guaranteed by the terms of protection of personal data, which are an integral part of these terms of sale.
Responsibility and force majeure
Mobiluxest OÜ is liable to the buyer, and the buyer is liable to Mobiluxest OÜ to the other party for the damage caused by the violation of these terms and conditions of sale in the cases and to the extent provided by the legislation in force in the Republic of Estonia.
Mobiluxest OÜ is not responsible for damages caused to the buyer or for delays in the delivery of the goods.