The Terms and Conditions of Sale hereby established shall apply to the legal relations between the owner of the Online Shop and the User when making a purchase on the Online Shop.
Definitions used in the conditions of sale:
Terms and Conditions of Sale - Terms and Conditions applied by the User when ordering Products from the Online Shop.
Online Shop - is a shopping environment located on the website www.föönikstennis.ee or on subdomains of this domain.
Owner of the online shop - MS Klubi OÜ (registration code 14645261), located at Karusmarja 7, Tallinn, e-mail info@föönikstennis.ee, phone +372 5622 6014.
User - A consumer or legal person making a purchase in an Online Shop.
Product - is a Training or Service sold on the Online Store.
Instructor - is a legal or natural person who is the distributor of the Product sold on the Online Shop.
Sales Contract - a contract between the owner of the Online Shop and the User for the purchase of a Product, the terms of which are specified in the Product offer on the Online Shop.
Confirmation - a certificate issued by the owner of the Online Shop to the Customer on the conclusion of the Sales Contract, which proves the Customer's right to participate in the training or use the service.
In the event of any conflict between the terms of the Conditions of Sale and those set out in the Offer for Sale, the latter shall prevail. Words and terms in the singular in the terms of sale may also include the plural and vice versa.
1. Validity of the conditions of sale
1.1. Terms and Conditions of Sale apply to purchases made from the Online Store.
1.2. The online shop reserves the right to make changes to the Terms and Conditions of Sale. These changes are reflected on the website www.föönikstennis.ee/muugitingimused (link).
1.3. These Terms and Conditions of Sale apply from 21. January 2019.a.
2. Price information
2.1. The prices of the Products sold in the Online Shop are indicated with the Products. All prices are quoted in euros (€).
2.2. Prices are valid from the time the order is placed until the payment deadline for the placed order expires (3 days after the order is placed).
2.3. If the order is placed before the change of the Sales Conditions or prices, the legal relations between the User and the Online Shop are subject to the conditions in force at the time of placing the order.
2.4. The online shop reserves the right to make changes to the sales prices. These changes will be reflected on the website www.föönikstennis.ee and its sub-pages.
3. Placing an order
3.1. In order to order a product, you must add the desired Product to the shopping cart with the desired quantity. To place an order, you must fill in the required fields. Then choose the payment method that suits you.
3.1.1. If you select "Bank transfer", you will receive a prepayment notification by email. You can use it to make a transfer in euro in banks. You will find the details for making a payment in euros, including all applicable national taxes and surcharges, on the invoice displayed on the screen after confirming your order.
3.1.2. If you choose to pay by bank transfer, you can pay for your order instantly and you will receive an invoice by email as soon as the payment is completed. To place an order, click on the "Place an order" link. After you have made your payment, please click on the "Back to merchant" button.
3.2. Please fill in the fields on the shopping cart page carefully, as the accuracy and correctness of the information provided depends on the prompt and smooth delivery of the products and services you have purchased and, if necessary, the subsequent resolution of disputes and claims.
3.3. The contract will enter into force from the date of receipt of the amount due to the current account of the owner of the Online Shop.
3.4. If the ordered Product has been sold out or is not available to the User for any other reason, the Buyer shall be notified thereof as soon as possible and the money paid shall be refunded immediately, but not later than 14 days after the notification is sent.
4. Entry into force of the sales contract
4.1. Orders that have not been paid for will be cancelled 4 days after the order has been placed.
4.2. The sales contract will enter into force after the payment made by the User has been credited to the bank account of the owner of the Online Shop.
5. Delivery of products
5.1. Electronic Product delivery is done by email or by providing access to the Product in an electronic environment. The delivery of the product or the provision of access will be carried out within 3 (three) days at the latest after the receipt of the funds in the account of the owner of the Online Shop.
5.2. In order to offer the Service, the Webshop will contact the User by email within 3 (three) days at the latest, after the funds have been credited to the bank account of the Webshop owner, in order to agree on the time of consumption of the Service or in accordance with the conditions specified in the Offer.
5.3. In order to participate in the training, a confirmation of the conclusion of the sales contract will be sent by email within 3 (three days) at the latest, after the receipt of the funds to the bank account of the owner of the Online Shop, confirming the right to participate in the training.
6. Rights and obligations of the user of the online shop and confirmations
6.1. The user has the right to:
6.1.1. require the Webshop to issue an invoice after the order has been completed;
6.1.2. exercise the statutory right of withdrawal in accordance with clause 7.1 of the Conditions of Sale.
6.2. The user undertakes to:
6.2.1. Provide fully truthful personal information when making a purchase from the Online Store, including registering under your true and full name and using a valid email address;
6.2.2. carefully check and be responsible for the accuracy of the information provided in the course of any transaction, bearing the risk of any damage resulting from his/her error.
6.2.3. read the terms and conditions of the Products (the terms and conditions are set out in the Product offer on the Online Shop);
6.2.4. not to use the Website for any unlawful transaction (including the unlawful use of another person's identity);
6.2.5. immediately inform the Online Shop by e-mail of any information and circumstances that have changed compared to those provided at the time of purchase;
6.3. By carrying out any action in the online shop, the user confirms that he/she:
6.3.1. is a person who has the right and capacity to carry out the transactions enabled by the online shop;
6.3.2. is aware that, by accepting the Terms and Conditions of Sale, the User and the owner of the Online Shop do not have the intention of creating legal relations other than those expressly stated in the Terms and Conditions of Sale;
6.3.4. is aware and agrees that by accepting the Terms and Conditions of Sale, he/she gives the owner of the Online Shop his/her consent to send commercial communications, offers and other announcements and surveys to the User.
6.3.5. fully and without difficulty understands all the terms and conditions contained in the Terms and Conditions of Sale and fully understands that the use of the Online Shop entails legally binding obligations for him/her.
7. Scope and exercise of the user's right of withdrawal
7.1. The User's right to withdraw from the Sales Contract:
7.1.1. The User has the right to withdraw from the Sales Contract by informing the owner of the Online Shop within 14 days after the conclusion of the Sales Contract, but not later than 7 days before the training or the consumption of the Service. In order to withdraw, you must submit a withdrawal form, which can be found on the website of the Online Shop www.föönikstennis.ee/taganemine (link).
7.2. Conditions for returning goods:
7.2.1. Obligations of the owner of the online shop in case of withdrawal by the User. The owner of the online shop shall return to the User all payments received from the User under the Sales Contract immediately upon receipt of the withdrawal request, but no later than 14 days. The user gives his consent to the owner of the online shop to make the refund by the payment method chosen by the owner of the online shop.
7.3. In accordance with Section 53(4) of the Law of Obligations Act, clause 7.1 of the Conditions of Sale shall not apply. the right of withdrawal provided for in the Sales Contract for all Products. In the absence of a right of withdrawal from the Sales Contract, this information is published on the Product. According to the Law of Obligations Act, the right of withdrawal does not apply to Sale and Purchase Agreements which are subject to:
7.3.1. the transmission of digital content which is not delivered on a physical medium, where such transmission has been initiated with the User's prior express consent, and the User acknowledges that he/she thereby waives his/her right of withdrawal;
7.3.2. the provision of a service or any other continuous performance, if the obligations arising from the Sales Contract on the part of the owner of the Online Shop have been fully fulfilled and the provision of a service or any other performance has begun with the express prior consent of the User and the confirmation that he/she will lose his/her right of withdrawal upon the execution of the Contract on the part of the owner of the Online Shop;
7.3.3. the transmission of digital content which is not delivered on a physical medium, where such transmission has been initiated with the User's prior express consent, and the User acknowledges that he/she thereby waives his/her right of withdrawal.
7.4. Right of withdrawal from the Sales Contract by the owner of the online shop:
7.4.1. In addition to the provisions of the law, the owner of the online shop has the right to withdraw from the Sales Contract concluded with the User, if the circumstances set out in the sales offer arise and the Trainer or the service provider has terminated the training or service offer in part or in whole. in full. In order to withdraw from the Sales Contract, the owner of the Online Shop shall notify the User in writing and return the fees paid by the User to the Merchant under the Sales Contract without delay, but no later than within 14 calendar days from the date of submission of the withdrawal notice.
7.5. The right of withdrawal does not apply to legal entities and all purchases are final.
8. Right to lodge a complaint
8.1. The online shop is liable for the non-conformity or defect of the Product sold to the buyer, which already existed at the moment of delivery and which will become apparent within a period of up to two years from the delivery of the Product to the buyer. Within the first six months of the delivery of the goods to the purchaser, the defect is presumed to have existed at the time of delivery. It is the responsibility of the Online Shop to rebut this presumption.
8.2. In the event of a defect, the purchaser has the right to contact the online shop within two months at the latest by sending an e-mail to info@föönikstennis.ee or by calling +372 53 300 659.
8.3. The Online Shop is not liable for defects that occur after the Product has been delivered to the Buyer.
8.4. If a Product purchased from the Online Shop has defects for which the Online Shop is responsible, the Online Shop will repair or replace the defective Product. If it is not possible to repair or replace the Product, the Online Shop will refund to the Buyer all the fees related to the sales contract.
8.5. The online shop will respond to the consumer's complaint in writing or in a format that can be reproduced in writing within 14 days.
9. Rights and responsibilities of the online shop owner
9.1. The owner of the online shop is entitled to:
9.1.1. to terminate the conclusion of the Sales Contract if the owner of the Online Shop suspects that the use of the service is being used in an unfair or illegal manner;
9.1.2. shut down or suspend the operation of the Website at any time without notice;
9.1.3. monitor the activities of the Online Store, including the use of the online environment by Users;
9.1.4. send commercial communications, offers, newsletters and other announcements and surveys to Users.
9.2. The owner of the online shop is not liable in any case:
9.2.1. possible errors caused by third parties which affect the technology or cause a situation where a transfer or card payment may fail. In the event of any problems with the transfer of funds or card payment, the User is obliged to inform the owner of the Online Shop immediately.
10. Intellectual property
10.1. The Website and its parts (including, but not limited to, sales offers, images, etc.) and other objects protected by the copyright of the owner of the Website are separately protected works of authorship, which the User is not entitled to use in any way during the period of being a User and afterwards without the written permission of the owner of the Website.
10.2. In the event of a dispute, the object shall be deemed to be protected by copyright, the copyright of which belongs to the owner of the Online Shop.
11. Notification of the parties
11.1. The exchange of all notices and information between the User and the owner of the Webshop will be made in electronic form by the parties by means of an e-mail sent to the other party's e-mail address published by the parties to each other in the Webshop, after 3 working days.
11.2. If the Confirmation has not been sent to the User's e-mail address within three hours of the User's depositing the money with the owner of the Online Shop, or if any other information or confirmation that the User expects from the owner of the Online Shop has not been received by the User's e-mail address within a reasonable period of time, the User must immediately inform the owner of the Online Shop.
12. Processing of personal data of the user
12.1. The owner of the Website has the right to process personal data, which the User has requested in the course of using the Website, or which the owner of the Website collects about the User in any other way through the use of the Website, within the meaning of the Personal Data Protection Act, under the conditions set out in this chapter.
12.2. The personal data processed include the User's name, e-mail address, contact telephone number and other similar data necessary for the provision/sale of the Products.
12.3. When paying for purchases via bank transfer, encrypted data communication with banks is used, which ensures the security of the User's personal banking details, which are not accessible on the föönikstennis.ee Online Shop.
13. Final terms
13.1. Disputes arising from the use of the Online Shop will be resolved by the User and the owner of the Online Shop through negotiations. In the absence of an agreement, the Consumer Protection Board will settle the dispute. If a party does not agree with the decision of the commission, the dispute is settled by the court.
13.2. If any provision of these Conditions of Sale is invalid because it is unlawful, the validity of the remaining provisions of these Conditions of Sale shall not be affected.