Sales terms

1. DEFINITIONS

Goods – goods sold by Veloplus via the Website.

Website – the online environment and e-store at the domain www.veloplus.ee and its subpages.

Buyer – a natural person (consumer) using the Website who wishes to purchase Goods via the Website or who has purchased Goods. 

Sales Contract – a contract entered into between the Buyer and Veloplus via the Website for the purchase and sale of Goods. 

Confirmation of the Sales Contract – an informative confirmation regarding the terms of the Sales Contract sent by Veloplus to the Buyer by e-mail, by which Veloplus does not assume any obligations or liability.

Specific terms of the Sales Contract – specific transaction terms determined by Veloplus in the Sales Contract (including the price and main characteristics of the Goods, as well as the payment and delivery terms).

Terms of Sale – these terms which the Buyer and Veloplus must follow when using the Website and when carrying out transactions and actions via the Website (standard terms of the Sales Contract).

Hire-purchase Agreement – a consumer credit agreement under which a credit provider acting in the course of its economic or professional activity (which is not Veloplus) grants or undertakes to grant credit or a loan to a consumer.

Veloplus – Veloplus OÜ, a company established and operating under the laws of the Republic of Estonia and administering the environment www.veloplus.ee, registry code 10040510, registered office Saku 3, Tallinn, Harju County, 11314, Republic of Estonia, e-mail address info@veloplus.ee.

Words and terms in the singular in the Terms of Sale may also include the plural and vice versa.

2. VALIDITY AND APPLICATION OF THE TERMS OF SALE

2.1. The Terms of Sale apply as standard terms and general additional terms governing purchase and sale to any Sales Contracts concluded between the Buyer and Veloplus. Upon conclusion of a Sales Contract, the Terms of Sale become an integral part of the Sales Contract. By entering into a Sales Contract, the Buyer gives an irrevocable and unconditional consent to the acceptance of the Terms of Sale. 

2.2. Veloplus has the right at any time and regardless of the reason to unilaterally amend and supplement the Terms of Sale, to declare the Terms of Sale partially or completely invalid or to cancel them. The Terms of Sale in force for the Sales Contract are those which were presented on the Website as the Terms of Sale at the time of conclusion of the Sales Contract.

3. TRADING ENVIRONMENT

3.1. Veloplus enables the Buyer to use the Website for entering into a Sales Contract with Veloplus. 

3.2. Veloplus does not guarantee that the trading environment on the Website can be used with all web browsers and computer software or by using mobile devices.

3.3. Veloplus has the right to set restrictions on the sale of certain Goods on the Website (for example to impose time, age or similar restrictions on the sale of Goods). 

4. CONCLUSION OF THE SALES CONTRACT

4.1. The display of the description of the Goods on the Website is deemed to be an offer (in the legal sense) to enter into a Sales Contract. The description of the Goods includes the name, product code, unit price and main characteristics of the Goods. Veloplus has the right to determine the minimum and maximum quantities of Goods that can be purchased or to set other specific restrictions or special conditions for the purchase. Veloplus has the right to amend the offer until the conclusion of the Sales Contract, including during the purchase process, by notifying the Buyer of the change via the Website.

4.2. To conclude a Sales Contract, after selecting the Goods (placing them in the shopping cart), the Buyer enters the required data on the Website, confirms the wish to conclude the Sales Contract under the terms of the Sales Contract and the Terms of Sale by clicking the button/icon „Submit and pay for the order“, by which the Buyer transmits to Veloplus all necessary data regarding the Buyer and the place of delivery of the Goods (in particular the full name of the Buyer, address, e-mail address, chosen method and address of delivery, chosen method of payment, etc.). If restrictions apply to the sale of the Goods under the laws in force in the Republic of Estonia (for example age restrictions), the Buyer must also enter other required data on the Website (personal identification code, date of birth, etc.). 

4.3. The Sales Contract is deemed concluded when the Buyer has paid Veloplus for the order (the Buyer’s acceptance to enter into the Sales Contract). The Sales Contract enters into force upon payment for the order. Upon entry into force of the Sales Contract, Veloplus is obliged to hand over the Goods to the Buyer.

4.4. In addition to what is set out in clause 4.3, the Sales Contract may also be concluded by entering into a Hire-purchase Agreement (see section 7). In such a case, the Sales Contract is deemed concluded upon entering into the Hire-purchase Agreement.

4.5. If the Buyer has chosen payment on the basis of a prepayment invoice as the method of payment for the Goods and the Buyer pays for the order late (i.e. after the due date), such payment is deemed to be a new offer and Veloplus either agrees to conclude the Sales Contract by sending the Buyer a confirmation of the Sales Contract or refuses to conclude the Sales Contract. The above confirmation is not the automatic confirmation of the Sales Contract sent via the Website but a separate confirmation of the conclusion of the Sales Contract, which is issued to the Buyer within 7 days from receipt of the payment from the Buyer. If Veloplus refuses to conclude the Sales Contract, it will notify the Buyer thereof within 7 days from receipt of the payment from the Buyer.  In the latter case, the purchase price will be refunded to the Buyer no later than within 14 days from receipt of the payment from the Buyer.

4.6. Upon entering into the Sales Contract, the Buyer undertakes to provide data accurately and correctly. The Buyer must identify and correct any input errors before submitting the order form. If the Buyer discovers an input error after the conclusion of the Sales Contract, the input error can be corrected by notifying Veloplus within 12 hours from the conclusion of the Sales Contract.

4.7. After the conclusion of the Sales Contract, the Buyer may amend the Sales Contract (for example cancel the purchase of some Goods, change the method of delivery or payment terms) only by agreement with Veloplus. If the Sales Contract does not enter into force in the manner set out on the Website and in the Terms of Sale, it is deemed that no Sales Contract has been concluded.

4.8. After conclusion of the Sales Contract, an automatic confirmation of the Sales Contract is sent to the e-mail address disclosed by the Buyer, indicating, among other things, the number of the Sales Contract and containing a reference (link) to the Terms of Sale. The confirmation of the Sales Contract is also displayed on the Veloplus Website if payment for the Goods is made via a bank link and the Buyer clicks the button „Back to merchant“ after making the payment.

4.9. The official time of conclusion of the Sales Contract is determined according to the time of the Veloplus server, which may not always correspond to the time shown in the Buyer’s web browser or computer.

4.10. A Sales Contract may be concluded by a person who, under the laws in force in the Republic of Estonia, has the right to purchase the Goods. If an age limit has been set for the Buyer of the Goods, the Buyer must confirm before conclusion of the Sales Contract that his or her age is sufficient for purchasing the Goods in accordance with the restrictions provided by law. Before the sale of the Goods, the person shall forward to Veloplus the information necessary for checking the above (the Buyer’s full name, personal identification code, date of birth, phone number, e-mail address, etc.). If, under the laws in force in Estonia, the person has no right to purchase the Goods, no Sales Contract will be concluded with such person.

4.11. Veloplus may refuse to allow the Buyer to conclude a Sales Contract via the Website if the Buyer breaches or has breached any previously concluded Sales Contract.

4.12. Veloplus checks the existence of circumstances that may prevent conclusion of the Sales Contract (clauses 4.10 and 4.11) on the basis of the data provided by the Buyer and refuses to sell the Goods to the Buyer if necessary. The Buyer shall be notified of the refusal to conclude the Sales Contract by an automatic notice displayed on the Website, indicating the reason for the refusal to conclude the Sales Contract. In such a case, the Buyer will not be allowed to pay for the Goods. If Veloplus discovers after conclusion of the Sales Contract that there is a basis for refusing to conclude the Sales Contract, Veloplus may withdraw from the Sales Contract without sanctions (clause 11.1.2).

4.13. The Sales Contract remains in force until the proper performance of the obligations of the Parties arising from the Sales Contract.

5. PRICES OF GOODS AND DELIVERY

5.1. The prices of the Goods sold on the Website are indicated next to the Goods on the Website in euros and include all taxes, but do not include the delivery cost. The delivery cost is added to the price of the Goods.

5.2. By concluding the Sales Contract, the Buyer accepts the delivery cost in the amount presented to the Buyer on the Website before conclusion of the Sales Contract.

5.3. Veloplus has the right at any time to adjust the price of the Goods and delivery options it offers. If the Buyer concluded the Sales Contract before the price changes were published on the Website, the price indicated on the Website at the moment of concluding the Sales Contract shall apply to that Buyer. 

5.4. The delivery cost is shown to the Buyer upon choosing the method of delivery (before conclusion of the Sales Contract) and is also indicated on the confirmation of the Sales Contract. 

5.5. The delivery terms and their prices are determined by Veloplus. 

5.6. If the Buyer wishes to order Goods using several different delivery methods or to different addresses, separate orders must be placed and separate Sales Contracts will be concluded. 

6. PAYMENT FOR GOODS AND DELIVERY OF GOODS

6.1. For the Sales Contract to enter into force, the order must be paid for via a payment service provider designated by Veloplus (via bank link, credit card) or by paying the prepayment invoice issued by Veloplus. If payment is made via bank link or credit card, Veloplus will send the invoice for the purchase of the Goods to the e-mail address disclosed by the Buyer, with a note that the invoice has been paid. The payment term of the prepayment invoice is 3 (three) days. Goods can also be bought by hire-purchase (see section 7) or in another manner enabled in the e-store (e.g. by gift card). 

6.2. Delivery of the Goods to the Buyer takes place within the time agreed in the Sales Contract and in the manner and to the place agreed in the Sales Contract after Veloplus has received payment for the Goods or after conclusion of the Hire-purchase Agreement with the credit provider (see section 7). The delivery time indicated on the confirmation of the Sales Contract applies if the Buyer has duly paid the purchase price. The delivery time will be postponed by the number of days by which payment is delayed.

6.3. The Buyer is notified via the Website of any additional restrictions and objective obstacles related to delivery, if such restrictions or obstacles exist.

6.5. Veloplus has the right to extend the delivery time by up to 7 days.

6.6. If the Buyer loses interest in the Goods due to a delay in delivery of the Goods (including due to the postponement of the delivery time referred to in clause 6.5), the Buyer has the right to submit a declaration of withdrawal from the Sales Contract to Veloplus and in such a case Veloplus is obliged to refund the purchase price paid by the Buyer within 14 days from receipt of the withdrawal declaration. 

6.7. The obligation to deliver the Goods to the Buyer is deemed fulfilled upon handing over the Goods to the Buyer or the Buyer’s representative. Among other things, persons of legal age located at the delivery address indicated by the Buyer who receive the Goods shall be deemed representatives. The risk of accidental loss of or damage to the Goods passes to the Buyer at the moment of delivery of the Goods. Delivery of the Goods is deemed delayed for reasons attributable to the Buyer if the Goods cannot be handed over because the Buyer or his/her representative of legal age is not present at the delivery address, in which case the Buyer shall bear all costs related to the delay in delivery.

6.9. If the Goods have visible and apparent damage or the Goods do not correspond to the Sales Contract in terms of quantity or product, the Buyer has the right to submit a claim to Veloplus within the time limit and in the manner set out in clause 10 of the Terms of Sale.

6.10. If the Goods are handed over to the Buyer in a Veloplus store and the Goods have visible and apparent damage or the Goods do not correspond to the Sales Contract in terms of quantity or product, the Buyer has the right not to accept the Goods by notifying the Veloplus representative on site. By accepting the Goods, the Buyer or the Buyer’s representative confirms that at the moment of delivery of the Goods the packaging was intact and he/she is satisfied with the condition of the packaging, that the Goods have no visible external damage and that the ordered Goods were handed over.

6.11. If it is possible to deliver the Goods in parts (for example some Goods are in stock but some are not), Veloplus may perform the Sales Contract and deliver the Goods in parts.

7. CONSUMER CREDIT (HIRE-PURCHASE)

7.1. Veloplus does not conclude Hire-purchase Agreements with the Buyer but offers the opportunity to submit via the Website the electronic application necessary for entering into a Hire-purchase Agreement to a credit provider offering consumer credit. 

7.2. Depending on the credit provider chosen by the Buyer in the application, Veloplus either forwards via the Website the application submitted by the Buyer for entering into the Hire-purchase Agreement to the credit provider or directs the Buyer, after entering the required data on the Website, to the online environment of the credit provider offering consumer credit, where the Buyer can complete the hire-purchase application. The Buyer’s application for entering into a Hire-purchase Agreement is deemed to be a proposal addressed to the credit provider offering consumer credit to make an offer to enter into the Hire-purchase Agreement.   

7.3. Veloplus does not participate in making an offer to enter into a Hire-purchase Agreement with the Buyer and is not liable to the Buyer for any response of the credit provider regarding the granting or non-granting of consumer credit, nor for the terms on which the credit provider offers consumer credit. The information published on the Website regarding the terms of hire-purchase (including possible monthly payments) is informative and the credit provider is not bound by such information when making an offer.

7.4. If the credit provider offering hire-purchase gives a positive response to the Buyer’s application (i.e. makes an offer to enter into a Hire-purchase Agreement), the Hire-purchase Agreement is entered into with the Buyer either in the online environment of the credit provider offering consumer credit or in a Veloplus store chosen by the Buyer in the application for entering into the Hire-purchase Agreement, in accordance with the terms of the credit provider. The Hire-purchase Agreement is concluded between the credit provider and the Buyer and Veloplus does not assume any obligation or liability towards the Buyer in connection with such agreement or its terms.

7.5. The 14-day right of withdrawal from a distance contract (clause 8.1 of the Terms of Sale) does not apply to the Hire-purchase Agreement concluded by the Buyer; instead, the Buyer may exercise the right of withdrawal from the credit agreement within 14 days from conclusion of the Hire-purchase Agreement (section 409 of the Law of Obligations Act). If the Buyer withdraws from the Hire-purchase Agreement within the above 14-day period, the Buyer may also withdraw from the Sales Contract within the same period by submitting to Veloplus, within that period, a declaration of withdrawal from the Sales Contract in the manner and form set out in clause 8.1 of the Terms of Sale. The Buyer loses the right to withdraw from the Sales Contract if the conditions referred to in clause 8.2 are not met. If the Buyer does not withdraw from the Sales Contract or has lost the right to withdraw from the Sales Contract, the Buyer undertakes to pay Veloplus the purchase price of the Goods in the amount specified in the Sales Contract.

7.6. If the credit amount has already been paid to Veloplus by the time of withdrawal from the Sales Contract, the monetary rights and obligations of Veloplus towards the Buyer shall transfer to the credit provider upon withdrawal from the Hire-purchase Agreement.

8. WITHDRAWAL FROM THE SALES CONTRACT, RETURN AND EXCHANGE OF GOODS

8.1. The Buyer has 14 days to examine the Goods. If the Goods do not suit the Buyer, the Buyer has the right to withdraw from the Sales Contract within 14 days of receiving the Goods and return the purchased Goods to Veloplus (except for the Goods listed in sub-clauses of clause 8.7). The Goods must be complete (including all items contained in the product package, such as cables, user manuals, etc.), unused and in their original packaging, and the declaration of withdrawal must be sent to Veloplus in writing to the postal address of Veloplus or to the e-mail address e-pood@veloplus.ee within 14 days of receiving the Goods. The wish to return the Goods may also be notified by using the relevant form; however, use of the form is not mandatory.

8.2. The Buyer must open the original packaging of the product carefully and without damaging it. If the packaging cannot be opened without damaging it, the Buyer must use a method of opening that ensures minimal damage to the packaging.  In order to ascertain the nature, characteristics and functioning of the Goods, the Buyer must handle and use the item only as he/she would normally be allowed to do in a shop. If use of the Goods is necessary in order to determine their suitability, the Goods shall be deemed unused within the meaning of clause 8.1 if the Goods are in their original completeness and with the same characteristics as at the time of receipt of the Goods. If the above conditions are not met, the Buyer loses the right of withdrawal.

8.3. The Buyer shall bear the direct costs related to the return of the Goods handed over to him/her (including postal and delivery costs).

8.4. If the returned Goods have been damaged and such situation has been caused by improper use, modification, incorrect assembly or disassembly by the Buyer, or by any other circumstance arising from the Buyer’s actions, Veloplus has the right to set off the decrease in the value of the Goods against the purchase price paid by the Buyer for the Goods and subject to refund. If the Buyer does not agree with the decrease in the value of the returned Goods specified in the set-off, the Buyer has the right to use an independent expert in order to determine the decrease in the value of the returned Goods or to establish the party at fault in the situation. The costs related to the independent expertise shall be borne equally by the Buyer and Veloplus, unless the position of one of the parties proves to be manifestly unfounded. In such a case, the costs shall be borne by the party whose position proved to be unfounded.

8.5. If the Buyer has withdrawn from the Sales Contract under clause 8.1, Veloplus shall refund to the Buyer the purchase price paid, from which Veloplus has the right to set off and deduct the decrease in the value of the Goods specified in clause 8.4 and the costs not subject to refund specified in clause 8.6, within 14 days of receipt of the withdrawal declaration, provided that the Goods are returned to Veloplus within the same period.

8.6. If the Buyer has chosen a method of delivery different from the cheapest usual method of delivery offered by Veloplus, Veloplus is not obliged to refund to the Buyer the costs exceeding those related to the usual method of delivery.

8.7. The right of return does not apply to the following Goods:

8.7.1. Goods made to the Buyer’s specifications or clearly personalised;

8.7.2. Goods which are not suitable for return due to health protection or hygienic reasons (e.g. earphones) and which have been opened after delivery;

8.7.3. audio and video recordings and computer software whose packaging has been opened by the Buyer;

8.7.4. Goods supplied to the Buyer in digital form which are not supplied on a tangible medium (for example music files, films, audio books, etc.) where the supply has begun with the Buyer’s prior express consent and acknowledgment that he/she thereby loses the right of withdrawal.

8.8. If the Buyer withdraws from the Sales Contract in accordance with clause 8.1 of the Terms of Sale, the Buyer shall also be deemed to have withdrawn from the concluded Hire-purchase Agreement.

8.9. The Buyer may not withdraw from the Sales Contract in cases or under conditions not provided for in the Terms of Sale, unless such right of withdrawal is provided by an imperative provision of law.

8.10. In the event of the right of withdrawal set out in clauses 8.1–8.2, the Buyer has the right to exchange the Goods for other Goods sold by Veloplus. In such a case, the Buyer and Veloplus shall set off the amount paid for the returned Goods against the sale price of the new Goods to the extent that they overlap. The claim of a Party exceeding the extent of the set-off must be fulfilled in accordance with the Sales Contract.

9. WARRANTY

9.1. If a warranty has been provided for the Goods, Veloplus undertakes to comply with the warranty terms and to repair or replace the defective Goods under the specified conditions.

9.2. The warranty periods applicable to the Goods are specified on the Website on the “Offered Warranties” page and in the warranty document accompanying the Goods. The warranty period begins on the date of conclusion of the Sales Contract and is valid for the period indicated in the warranty document accompanying the Goods. The confirmation of the Sales Contract serves as the basis for a warranty claim.

9.3. Unless otherwise stated in the warranty terms, the following shall apply:

9.3.1. the warranty gives the Buyer the right to demand free repair or replacement of the item during the warranty period;

9.3.2. in the case of repair of the Goods during the warranty period, the warranty does not extend by the duration of the repair but remains valid until the end of the originally determined period;

9.3.3. for parts replaced in the Goods during repair, the warranty remains valid until the end of the original warranty period granted for the Goods;

9.3.4. the warranty period of Goods replaced during the warranty period expires at the time when the original warranty period granted for the purchased Goods would have expired.

9.4. The warranty does not cover defects caused by mechanical damage to the Goods, as well as damage caused by liquids, moisture, temperature and other similar factors, improper use of the Goods, use of the Goods in a manner contrary to the requirements described in the user manual or natural wear and tear. 

10. SUBMISSION AND RESOLUTION OF CLAIMS ARISING FROM DEFECTIVE GOODS

10.1. In addition to the rights arising from the warranty, the Buyer also has other rights arising from law. In the event of non-conformity of the subject of the contract with the terms of the contract, the Buyer may rely on the legal remedies provided by law.

10.2. Regardless of the existence of a warranty, the Buyer has the right to submit claims arising from non-conformity of the Goods with the terms of the contract within two years of receipt of the Goods. In the case of a defect that appears within the first six months after the Goods are received, it is presumed that the defect existed at the time of conclusion of the Sales Contract and Veloplus must establish the cause of the defect.

10.3. In the event of a hidden defect of the Goods, which is primarily deemed to be a defect in the quality of the Goods, the Buyer undertakes to immediately notify Veloplus of the problem by e-mail to netipood@veloplus.ee and to provide the following information:

10.3.1. name and contact details;

10.3.2. description of the defect of the Goods and its presumed cause; 

10.3.3. number of the Sales Contract.

10.4. The notification must be sent without delay, but not later than 2 months after the discovery of the non-conformity of the Goods with the contract. If such term is not observed, the Buyer loses the right to demand that Veloplus repair or replace the Goods. 

10.5. In the case of replacement of defective Goods, Veloplus has the right to demand that the Buyer return the defective Goods. 

10.6. The costs related to the replacement of defective Goods (including delivery costs) shall be borne by Veloplus. 

10.7. If the defect is due to the Goods (for example the product is defective or was damaged during transport), Veloplus shall repair the defective Goods. Veloplus may replace the Goods with goods that conform to the terms of the contract instead of repairing them. If repair or replacement of the Goods is impossible or fails, if Veloplus unjustifiably refuses to replace the Goods or does not do so within a reasonable time after notification of the non-conformity, the Buyer has the right to withdraw from the Sales Contract and return the Goods to Veloplus. Veloplus undertakes to refund the purchase price paid under the Sales Contract to the Buyer within 14 days of receipt of a justified withdrawal declaration.

10.8. Veloplus is not liable for:

10.8.1. damage to the Goods caused by the Buyer;

10.8.2. defects resulting from improper storage or use of the Goods;

10.8.3. defects resulting from natural physical changes of the Goods; 

10.8.4. non-suitability of the characteristics of the Goods for the Buyer if such non-suitability is not caused by a defect of the Goods;

10.8.5. other cases provided by law and the Sales Contract.

10.9. If the obligations arising from the Sales Contract can be performed in parts and an event referred to in clauses 6.6 or 10.7 has occurred only with regard to some of the Goods, the Buyer may withdraw from the Sales Contract only with regard to such Goods or the Goods of the respective manufacturer. In such a case, withdrawal from the entire Sales Contract in full is not permitted.

11. RIGHT OF WITHDRAWAL OF VELOPLUS

11.1. Veloplus has the right to withdraw from the Sales Contract concluded with the Buyer without any sanctions on the following grounds: 

11.1.1. the ordered Goods are not available in the warehouse of Veloplus or the supplier and it is not possible to obtain them within a reasonable time and on reasonable terms;

11.1.2. under the laws in force in Estonia applicable to the transaction, the Goods may not be sold to the Buyer (e.g. due to an age restriction);

11.1.3. performance of the Sales Contract is obstructed by an objective circumstance which Veloplus could not foresee, prevent or influence (force majeure);

11.1.4. Veloplus is unable to perform the Sales Contract for any other reason.

11.2. If Veloplus has withdrawn from the Sales Contract, it shall refund to the Buyer the purchase price paid under the Sales Contract within 30 days from making the withdrawal declaration. 

11.3. Before withdrawing from the Sales Contract on the grounds set out in clause 11.1, Veloplus may offer the Buyer Goods equivalent to the ordered Goods and, upon receipt of the Buyer’s confirmation of the suitability of the equivalent Goods, the Sales Contract shall be deemed amended and equivalent Goods shall be delivered to the Buyer instead of the ordered Goods.

12. LIABILITY AND FORCE MAJEURE 

12.1. Veloplus is in no event liable for:

12.1.1. possible errors caused by third parties affecting technology or resulting in situations where a bank transfer or payment via bank link or credit card and consequently conclusion of the Sales Contract may fail. If any problems arise in connection with a bank transfer or payment via bank link or credit card, the Buyer is obliged to notify Veloplus thereof immediately;

12.1.2. damage caused to the Buyer if a third person uses the Buyer’s identity.

12.2. A breach of an obligation is excusable if the Party breached the obligation due to force majeure. Force majeure is a circumstance beyond the control of the Party which, at the time of conclusion of the Sales Contract, the Party could not reasonably be expected to take into account, avoid or overcome, or to overcome its consequences.

12.3. Veloplus is not liable for delays in delivery of the Goods and any misunderstandings if the delay or misunderstanding is due to inaccurate or incorrect data provided by the Buyer when placing the order or to the Buyer’s own delay in receipt, which includes, among other things, the absence of an appropriate recipient after conclusion of the Sales Contract at the place of delivery of the Goods at the scheduled time for delivery.

12.4. Veloplus does not compensate the Buyer under any circumstances for any non-pecuniary damage or compensation for non-pecuniary damage paid to a third person, nor for any indirect damage (such as loss of profit). 

12.5. Veloplus does not compensate the Buyer for any damage arising from the fact that the Buyer has assumed any obligations towards third parties in connection with the Goods (for example the obligation to transfer, pledge or hand over the Goods to a third person).

12.6. Veloplus does not compensate the Buyer for damage arising as a result of changes in delivery times, prices and other terms. 

12.7. Veloplus is not liable for any damage incurred by the Buyer as a result of Veloplus having exercised its right to withdraw from the Sales Contract. 

13. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

13.1. The Buyer undertakes to:

13.1.1. provide completely true personal data in the process of purchasing the Goods, including placing the order under his/her correct and full name, providing the correct date of birth and using a valid e-mail address;

13.1.2. be fully responsible for all activities carried out under his/her identity or from the IP address of his/her place of residence or location; 

13.1.3. not use the Website for any unlawful or immoral activity (including unlawful use of another person’s identity); 

13.1.4. not allow minors or other persons who are prohibited or restricted by law from making transactions or certain types of transactions to carry out transactions on the Website under his/her identity.

13.2. The Buyer confirms that he/she: 

13.2.1. is a legally competent person who has the right to make transactions enabled on the Website; 

13.2.2. is aware and agrees that placing an order on the Website and paying for the order results in the conclusion of a binding Sales Contract;

13.2.3. is aware and agrees that Veloplus has the right to store the Buyer’s personal data and process the Buyer’s personal data in accordance with the applicable legislation and the Terms of Sale;

13.2.4. fully and easily understands all the terms contained in the Terms of Sale and fully understands that the use of the Website may entail legally binding obligations for him/her.

13.3. Veloplus is responsible to the Buyer for ensuring that:

13.3.1. the Goods correspond to the description and stated characteristics and quality presented on the Website or, in the absence thereof, at least to the average quality typical of such Goods;

13.3.2. the information provided about the Goods, including the markings on the Goods or their sales packaging or on a label attached to the Goods, and any other such information are correct and correspond, among other things, to the Goods;

13.3.3. the Goods are new, i.e. they are sold for first use.

14. COMMUNICATION OF NOTICES

Exchange of notices and information related to the Website and the Sales Contract between the Buyer and Veloplus takes place in electronic form via the e-mail addresses disclosed by the Parties on the Website or by publication of information on the Website. A notice is deemed received by a Party when it has been sent to the other Party’s e-mail address or published on the Website. Notices may also be sent to the Buyer in writing to the address disclosed in the Sales Contract or to Veloplus at its official postal address.

15. INTELLECTUAL PROPERTY

15.1. The Website and all its content, including but not limited to the software used, website graphics, design, texts, images, trademarks, etc., are the intellectual property of Veloplus or intellectual property used by Veloplus under a licence. All of the above is separately the subject of intellectual property rights protection and the Buyer has no right to use any of it without the written consent of Veloplus. 

15.2. For the purpose of offering their Goods via the Website, the manufacturers and suppliers of the Goods have granted Veloplus the right to use their trademarks, descriptions of the Goods, photos and other property that may be considered the intellectual property of such persons. 

16. PRIVACY AND DATA PROTECTION TERMS

16.1. By agreeing to the Terms of Sale, the Buyer confirms that he/she has read the privacy and data protection terms of Veloplus and fully and unreservedly accepts them.

16.2. Veloplus processes the following personal data of the Buyer: first and last name, phone number (including mobile phone number), address (street/farm, house number, apartment number, city or settlement, county, postal code), e-mail address, method of delivery of the Goods, method of payment used for the Goods.  

16.3. In the event that the Buyer applies for consumer credit, Veloplus, in addition to the data listed in clause 16.2 of the Terms of Sale, processes the following personal data of the Buyer to the extent necessary for forwarding the hire-purchase application submitted by the Buyer via the Website to the credit provider, for entering into the Hire-purchase Agreement and for ensuring the rights and obligations related to performance of the Hire-purchase Agreement: document number, number of dependants, marital status, level of education, employer, job title, starting date of employment, amount of income, source of income, data related to loan and leasing obligations (including the name of the loan or leasing provider, outstanding amount of the obligation, amount of the monthly payment), type of housing, data on the performance of important public functions by the applicant for consumer credit (hire-purchase), his/her family member or close associate. The list of hire-purchase service providers together with contact details is available at: add link.

16.4. Veloplus processes the Buyer’s personal data in accordance with the requirements established in legislation and only to the extent necessary for concluding and performing Sales Contracts via the Website and for ensuring rights and obligations related to the use of the Website. Veloplus may use the Buyer’s personal data for the protection of its rights and may transmit the Buyer’s personal data to third parties to the extent necessary for the protection of its rights.

16.5. Veloplus does not transfer, sell or disclose the collected personal data to third parties without the Buyer’s prior consent, unless it has a statutory obligation to do so or an appropriate right is provided in the Terms of Sale. 

16.6. If the Buyer chooses parcel machine, courier or COD parcel as the method of delivery of the Goods, Veloplus has the right to transmit the Buyer’s personal data to the provider of the parcel machine service and courier service to the extent necessary for delivering the Goods to the Buyer.

16.7. If the Buyer wishes to receive offers and newsletters about Veloplus’ Goods, the Buyer must indicate this by ticking the relevant box on the order submission page, thereby giving Veloplus consent to send Veloplus’ offers and newsletters by e-mail to the e-mail address disclosed by the Buyer when placing the order. All offers and newsletters are sent on behalf of Veloplus. If the Buyer has expressed a wish to receive offers and newsletters of Veloplus in the manner described above, the Buyer has the right to unsubscribe at any time by using the respective hyperlink provided in the offer or newsletter. 

16.8. The Buyer has the right at any time to access his/her personal data and to request rectification, blocking or deletion of such data, unless otherwise provided by law. 

16.9. In matters concerning personal data, the Buyer has the right to send an e-mail to Veloplus at epood@veloplus.ee.

17. OTHER TERMS

17.1. The activities of Veloplus and the Sales Contract are governed by Estonian law. All laws in force in Estonia are published in the State Gazette online edition, which is available at https://www.riigiteataja.ee/.

17.2. The present Terms of Sale are presented and the Sales Contract is concluded in the Estonian language.

17.3. The valid Terms of Sale are presented on the Website in a manner that allows the Buyer to save them on his/her computer and reproduce them later. Veloplus retains the texts of all versions of the Terms of Sale. Although Veloplus may from time to time amend the provisions of the Terms of Sale, the previous versions of the Terms of Sale remain available to Buyers. To obtain a previous version of the Terms of Sale, a respective request must be sent to Veloplus.

17.4. Disputes arising from the conclusion and performance of the Sales Contract shall be resolved through negotiations. If no agreement is reached, the Parties shall resolve disputes between them in Estonia, at Harju County Court.  The Buyer has the right to turn to the Consumer Protection and Technical Regulatory Authority, an out-of-court body resolving complaints and disputes.

17.5. If any provision of the Terms of Sale proves to be void or invalid, this shall not affect the validity of the remaining provisions.