Conditions of sale

Table of contents

1. The scope and validity of the purchase terms and conditions
2. Price
3. Shopping basket and placing the order
4. Paying for the products
5. Cancellation of the sales contract
6. Transport and delivery of products
7. Withdrawal from the sales contract and the returning of goods
8. Terms and conditions for the submission of complaints concerning the product and the warranty
9. Personal data and its usage
10. Liability and force majeure
11. Other terms and conditions

1. The scope and validity of the purchase terms and conditions

1.1 The purchase terms and conditions shall be effective in regard to the legal relations which occur between the Seller OÜ Tulekel (registry code 10702016, address Siili 21-10, Tallinn, Estonia, phone +372 56605503, e-mail address: info@tulekel.ee, hereinafter the Seller), and the Contracting entity (hereinafter the Contracting entity) upon the purchase of products via the on-line shop at www.tulekel.ee (hereinafter E-shop).
1.2 In addition to the Purchase terms and conditions, the legal relations, which occur upon the purchase of products via the e-shop, are regulated by the legal acts established in the Republic of Estonia.
1.3 The Seller has the right in regard to the development of the e-shop and the better and safer use of the e-shop to change the Purchase terms and conditions and the pricelist. The changes of the Purchase terms and conditions and the pricelist shall become effective since the corresponding changes are published on the internet page www.tulekel.ee. If the Contracting entity has submitted the Purchase order before the changes of the Purchase terms and conditions take effect, the Purchase terms and conditions valid at the moment the order is submitted shall be valid, excluding cases if provided otherwise in the legislation or the Purchase terms and conditions.

2. Price

2.1. The prices of the products sold in the e-shop are in euros and invoices include 20% of VAT.
2.2. The transport cost is added to/included in the purchased goods, calculated in the Contracting entity’s shopping basket after the delivery method is chosen.
2.3. The Seller shall reserve the right to adjust the prices without any prior notice. If the Contracting entity submits the order before the price is changed, the price for the Contracting entity shall be the one reflected on the order at the moment of submitting it.

3. Shopping basket and placing the order

3.1. The Contracting entity’s shopping basket is created at the moment the link “Add to basket” is clicked.
3.2. The number of items in the shopping basket can be changed in the field “amount“. To place an order, click on the link “Proceed to checkout”. The Contracting entity shall be directed to the page where the order can be submitted.
3.3. Upon filling out the order, the required data has to be filled in after which the button “Place order” has to be clicked.
3.4. The boxes on the page, where the order is placed, have to be filled in carefully because the speed and smoothness of the delivery of the goods ordered by the Contracting entity depends on it. The Seller shall not be liable for the non-execution of the order or any other consequences proceeding from it if the Contracting entity has submitted incorrect data.
3.5. The sales contract is deemed as concluded and the execution of the order is launched after the order is placed and the sum payable according to the invoice has been accrued on the Seller’s bank account.
3.6. Customer support works from 9-17 on workdays. The phone number of the customer support is +372 5660 5503.
3.7. The customer support is provided in Estonian, Russian and English.

4. Paying for the products

4.1. Sale by invoice – based on the invoice a bank transfer to the Seller’s bank account is performed. The invoice is sent to the Contracting entity as the confirmation of the order by electronic mail. The payment term is 3 days as of the confirmation/invoice date. The order shall be processes from the moment the entire sum indicated on the invoice has been accrued on the Seller’s bank account. In case the sum is not accrued on the Seller’s bank account during the payment period, the order and the invoice shall be cancelled automatically.
4.2. Payment terms and conditions – payment term is prepayment – 100% of the sum payable according to the invoice shall be paid upon the placement of the order.
4.3. Tulekel OÜ is the responsible handler of personal data. Necessary personal data is forwarded to authorized handler Maksekeskus AS when making payments.

5. Cancellation of the sales contract

5.1 You have a right to cancel the order without any extra payment after having paid for the goods but before the delivery of goods. To cancel the sales contract/order, send a corresponding notification together with the number of the sales contract to the e-mail address: info@tulekel.ee. A confirmation of the cancellation of the sales contract shall be sent.

6. Transport and delivery of products

6.1 The goods shall be delivered to the address marked as the delivery destination in the order. The purchaser shall be informed about the delivery by a notification sent to the place indicated in the contact data. The transport of the ordered goods is performed according to the transport terms valid at the time the order is placed.
6.2 Please ensure that the contact data provided upon filling in the order is correct to avoid delays and misunderstandings upon the delivery of goods. Tulekel OÜ and the courier company shall not be liable for the delay of delivery and the misunderstanding if the delay and the misunderstanding are caused due to the imprecise and incorrect data provided by you upon the placement of the order.
6.3 The goods are delivered only to the Purchaser on the basis of the invoice. Before signing the delivery document, check the packaging carefully and in case of any damage, write a corresponding notice on the delivery document. If the package is damaged, you have the right to refuse to accept the delivery and/or inform thereof OÜ Tulekel by e-mail: info@tulekel.ee
6.4 The goods are delivered to a third party on the basis of an authorisation document (including the case the Purchaser has appointed a third person as the recipient of goods in the order). The Seller has the right to authorise a third person to deliver the goods (including using the courier service).

7. Withdrawal from the sales contract and the returning of goods

7.1. The customer has the right to withdraw from the sales contract within 14 (fourteen) days since the receipt of the goods. The right of withdrawal shall not apply to the goods marked as “Ordered” in the e-shop and in case of special orders.
7.2. The returned goods must not have disadvantages; they have to be intact, in the original packaging and unused. The Contracting entity has to open the packaging of the product carefully not to damage it if he/she wants to use the right of withdrawal.
7.3. The costs related to the returning of the goods shall be paid by the Contracting entity.
7.4. In case the returned goods are used or incomplete, the Seller has the right not to satisfy the Purchaser’s claim of returning the goods or balance the account by deducting the decreased value from the purchase sum returned to the Purchaser.
7.5. In case the Contracting entity shall not return the goods within 14 days since the application for returning goods is submitted, the Purchaser has the right not to satisfy the claim.
7.6. The intention of returning the goods and the withdrawal from the sales contract has to be sent to the e-mail address: info@tulekel.ee
7.7. The purchase sum shall be returned within 14 days after the returned goods have reached the Seller. The sum paid by transfer shall be returned to the account from which it is accrued and according to the payment method marked in the placed order.
7.8. Upon the withdrawal from the sales contract the Seller has the right to balance the account by 10 EUR from the returned purchase sum for handling the expenses.
7.9. If, after the product has been returned, it appears that the product fails to comply with the terms and conditions established in article 7.2 of the Purchase terms and conditions of the e-shop, the sum shall not be returned and the product shall be retained by the Seller. The Contracting entity shall cover the costs related to the storing and returning of the product.

8. Terms and conditions for the submission of complaints concerning the product and the warranty

8.1 The established time for the submission of claims for a private person is 24 months since the delivery of the product.
8.2 In case of a legal person, the manufacturer’s warranty period is followed. The warranty period is 12 months since the purchase date on the invoice. The warranty gives the purchaser the right to request the repair or the replacement of the product during the warranty period.
8.3 The product replaced during the warranty period shall be given a new warranty period which is as long as the initial warranty period.
8.4 The warranty shall not be applied and the product can not be returned if:
8.4.1 the faults, which occur during the application of the product, are caused due to the wrong use of the device and the failure to follow the user manual;
8.4.2 the electrical motor is damaged during the transport from the sales location to the place of installation.
8.4.3 there is no motor protection device in the supply chain of the electrical motor.
8.4.4 the faults during the application of the electrical motor are caused due to thunder or any other natural phenomena (force majeure);
8.4.5 the electrical motor has been installed, maintained or repaired by a person not qualified or a person not authorised by the manufacturer.
8.4.6 the electrical motor has been damaged due to the incorrect installation or use, or due to the faulty installation of the transmission components.
8.4.7 the faults and the physical damage, which occur during the use of the electrical motor, are caused due to unintentional or intentional physical damage;
8.4.8 the faults and the physical damage, which occur during the use of the electrical motor due to incidental items, fluids, insects, excessive dust, etc. inside the electrical motor;
8.4.9 the faults and the physical damage, which occur during the application of the electrical motor, are caused by the use of non-original parts or inappropriate accessories;
8.4.10 the electrical motors and details, which serial numbers, control stickers or marking labels have been damaged, exchanged or removed;
8.4.11 the faults which occur during the operation of the electrical motor are caused by the inappropriate use or installation or the application of the product for the not intended purpose;
8.4.12 the electrical motor is damaged due to wrong storing conditions.
8.4.13 the warranty shall be invalid without the correspondingly formed documents, invoices or provided warranty terms;
8.4.14 the faults in the use of the electrical motor are caused by the exchange of technical features carried out by an uncertified person or service provider;
8.4.15 the defects or the alleged defects caused by the fact that the product is used together with a product, an accessory, a service not manufactured or supplied by the manufacturer, or the circumstances that the product is connected with such a product, an accessory or a service not manufactured or supplied by the Seller or the manufacturer.
8.5 Warranty repair contact in Estonia: e-mail: garantii@tulekel.ee or phone: 5660 5503
8.6 NB!: When taking the product to the warranty repair, it is necessary to put it in the original packaging together with all its accessories (in order to be able to switch the product on).
8.7 Attention! The client is responsible for any returned product until it reaches our warehouse. Be sure that everything is properly packaged to avoid any possible damage during transportation.
8.8 The warranty shall not cover the expenses related to attaching and de-attaching the electrical motor, the transport to the service point or expenses related to the stoppage of work.
8.9 Concurrently, the ungained profit and other claims which influence the client’s business activity shall not be claimed under the warranty.
8.10 We confirm that the equipment purchased by you is in conformity with the European Electrical Safety Standard proved by the CEIEC60034-1 label on the motor data plate and the manufacturer’s confirmation.
8.11 The cause of the fault of the electrical motor is established on the basis of the condition of the coil during visual inspection or expert assessment.
8.12 Thirty (30) EUR shall be paid for the expert assessment (diagnostics) in case OÜ Tulekel is not responsible for the liquidation of the fault that occurred in the equipment and if the repair of the equipment is not possible. Concurrently, the Contracting entity shall pay the cost of the expert assessment if the expert is not able to detect the fault as the result of the diagnostics and the equipment is in conformity with the manufacturer’s technical requirements.
8.13 The service provider has the right to add a fee of 30 EUR to the client’s invoice for handling the equipment and establishing the defect if the product is in working order or the client refuses to pay the charge for the repairs.

9. Personal data and its usage

9.1. The Contracting entity’s personal data disclosed during the visitation of the e-shop and making purchases shall be deemed as confidential information. The Seller shall not disclose the data he/she has become aware of to a third person, excluding cases foreseen by the legislation. The Contracting entity has the right to request to delete his/her data from the database of the e-shop. The encrypted communications channel guarantees the safety of the Contracting entity’s personal data. The Seller has no access to it.

10. Liability and force majeure

10.1. The Seller shall be liable in regard to the Contracting entity and the Contracting entity shall be liable in regard to the Seller for the damage caused to the other party due to the violation of these terms and conditions in the cases and within the scope established in the legislation of the Republic of Estonia.
10.2. The Seller shall not be liable for the damage caused to the Contracting entity or the delay of the delivery of the product if the damage or the delay of the delivery of the product is caused due to the circumstances beyond the Seller’s ability to influence it and the occurrence of which the Seller did not predict and could not have predicted (force majeure).
10.3. The Seller shall not be liable for the expenses for the purchase and maintenance of the software of the communications channel required for the use of the services of the e-shop and any other expenses caused due to the use of the services of the e-shop.

11. Other terms and conditions

11.1. In issues separately not provided in these terms and conditions, the legislation established in the Republic of Estonia shall be followed.
11.2. Disputes which may arise between the Contracting entity and the Seller in relation with the ordering and purchasing of the products from the e-shop shall be settled by negotiations. In case no agreement is achieved, the Contracting entity has the right to turn to the Consumer Protection Board. The disputes shall be settled according to the legislation established in the Republic of Estonia.
11.3. The Contracting entity is obliged to become familiar with the Purchase terms and conditions.
11.4. Upon the placement of the order the Contracting entity has to tick the field “Please confirm that you agree to the Purchase terms and conditions” and by doing this the Contracting entity confirms that has become familiar with them, understands and agrees to the Purchase terms and conditions.