TERM & CONDITIONS
GENERAL TERMS AND CONDITIONS
- These general terms and conditions of sale (the “terms”) form an indivisible part of the order agreement sent to potential or actual purchasers of the goods sold by Laterna Magica OÜ, registry code 11680831 (“the seller”), hereinafter the “order agreement”. The seller and the buyer individually and collectively are hereinafter referred to as the “party” or “parties”.
- These terms shall apply automatically to any offer, order, sale or delivery made by the seller unless the seller has agreed in writing that the terms shall not apply. By placing an order in any form, the buyer confirms that they have read these terms and conditions and agree that the terms apply to the transaction between the buyer and the seller.
- The seller has the right to unilaterally amend these terms and conditions by notifying the buyer of changes in the terms and conditions via the seller’s website www.laterna.ee. The buyer is subject to the terms that were in effect at the time the buyer issued the order.
ORDERING AND PRICE
- The buyer shall submit a request to the seller in response to which the seller shall send a price quote to the buyer. Upon confirmation of the suitability of the price quote by the buyer, the seller shall submit to the buyer an order agreement, which shall definitively confirm the characteristics, quantity, price, terms of delivery, and estimated delivery time of the item (hereinafter: “goods”) sold by the seller. In the event of a conflict between the wishes of the buyer and the information provided in the order agreement, the buyer shall immediately inform the seller thereof.
- The price stated in the order agreement is the full price paid for the goods and does not include the assembly or installation of the goods unless otherwise stated in the order agreement.
- The offer specified in the order agreement shall be valid for one month from the date of issue unless otherwise stated in the order agreement.
- The buyer shall pay 50% for the goods in advance and 50% before the goods are delivered. The sales transaction enters into force after the buyer has paid the prepayment specified in the order agreement.
- The buyer shall be obliged to pay the second installment of 50% according to clause 2.3 of the terms after the seller has informed the buyer of the arrival of the goods and issued an invoice to the buyer.
- If the buyer fails to pay the second installment on time and per these terms, the seller shall be entitled to claim from the buyer interest of 0.5% on the overdue amount for each day of delay.
- The buyer has the right to waive the goods within 48 hours after paying the advance stipulated in clause 2.3 of these terms. In the event of a later waiver, the seller shall not refund the advance to the buyer.
TRANSFER OF GOODS, DELIVERY, AND DEFECTS
- The goods will be issued to the purchaser upon full payment of the price specified in the order agreement.
- Ownership of the goods is transferred from the seller to the buyer at the time of delivery of the goods, provided that the buyer has paid the price for the goods specified in the order agreement by that time. Together with the goods, the seller shall issue to the buyer an invoice-waybill, which the buyer shall sign to confirm receipt of the goods.
- The buyer is obliged to pick up the goods within ten (10) days after
receiving a corresponding notice from the seller. For storage of goods longer than
ten (10) days after the seller notifies the buyer,
the buyer shall pay a storage fee of EUR 10 for each 1 m3 of stored goods per week.
- The buyer is obliged to check the condition of the goods upon receipt of the goods. In case of defects, the buyer shall immediately notify the seller of the defects.
- Upon the occurrence of defects in the goods, the buyer shall have the right to submit claims within two (2) years after the transfer of ownership of the goods. If defects are discovered within six (6) months of the transfer of ownership of the goods, the seller shall determine the cause of the defect.
- In the event of a technological defect, the buyer has the right to demand the repair of the goods, or, if repair is not possible, the replacement of the goods. If the replacement and/or repair is not possible within a reasonable period of time, the customer has the right to demand the refund of the money paid for the goods.
- The seller shall not be liable for defects in the goods due to natural wear, malfunctioning, improper installation, improper use or maintenance or force majeure.
- Disputes between the parties are resolved by negotiation, in case of failure of the negotiations, the disputes will be resolved in Harju County Court.
- The order agreement and these terms shall be governed by Estonian law.