WITHDRAWING FROM THE SALES CONTRACT, RETURNING THE GOODS AND PROCEDURES FOR SUBMITTING COMPLAINTS
Home Climate OÜ shall be entitled to withdraw from the sales contract concluded via the e-shop without any sanctions and to not provide the service or deliver the ordered goods in the following cases:
- the goods are out of stock;
- the price or characteristics of the goods have been incorrectly displayed in the e-shop due to a system error of the e-shop.
If Home Climate OÜ cannot fulfil an order submitted in the e-shop, the Purchaser shall be notified in 2 working days via the contact phone or e-mail submitted with the order. The advance payment made by the Purchaser shall be returned in 3 working days, unless there is some other agreement with the Purchaser
If the goods do not comply with requirements or are deficient, the Purchaser shall be entitled to demand that Home Climate OÜ exchanges these goods for goods that comply with requirements and/or have no deficiencies, or to withdraw from the sales contract and return the goods that do not meet the requirements at the expense of Home Climate OÜ. Purchased goods cannot be returned if they have been prepared in consideration of the personal needs of the Purchaser and pursuant to the conditions submitted by the Purchaser.
Home Climate OÜ shall not be liable for deficiencies of the goods that have been caused by:
- unpurposeful use and/or maintenance;
- natural wear and tear during ordinary use;
- damages wilfully or accidentally caused by the Purchaser;
- maintenance or repairs by an unauthorised person.
Upon selling something to a consumer, the corresponding provisions of the Law of Obligations Act shall apply to the withdrawal from the sales contract and the return of a product not compliant with the requirements. The Purchaser shall also have the right to examine the goods in 14 days and withdraw from the sales contract in 14 days as of the delivery of the goods.
In case of cancellation of the sale contract, it is necessary to send an application to Home Climate OÜ email address within 14 days. The application must contain information about the product being returned, the reason for the return, the order number and the current account to which the money should be returned.
The returned goods shall be complete (include all items that were in the product package) and cannot be damaged or used. If the goods have been purchased during a campaign where some other product has been added to the purchased product, the Purchaser shall return all products (i.e. the whole set received).
Upon withdrawing from the sales contract, Home Climate OÜ shall be entitled to leave the transport costs of the returned goods to be paid by the Purchaser and to deduct it from the sum to be refunded. The sum paid for the goods (except the delivery costs of the goods) shall be returned to the Purchaser’s bank account in 30 days as of the receipt of the notice of withdrawal from the contract at the latest, provided that the returned goods have reached Home Climate OÜ.
When returning the goods that did not meet the requirements, the sum paid for the goods and the cost of the transport for returning them shall be transferred to the bank account submitted by the Purchaser in 30 days as of receiving the notice of withdrawing from the order at the latest, provided that the returned goods have reached Home Climate OÜ.
If after returning the goods, the inspection of the state of the goods carried out by Home Climate OÜ has revealed that the goods returned have been used or their state has deteriorated, the Purchaser shall compensate for the decrease in the value of the goods. Home Climate OÜ may submit a relevant claim in 30 days as of the product being returned and the Purchaser shall be obliged to compensate for the decrease in the value of the product.
If the Purchaser does not agree with the decrease in value indicated in the set-off notice, the Purchaser shall be entitled to involve an independent expert to specify the decrease in the value of the product. Expenses related to the expert appraisal shall be split between the Purchaser and Home Climate OÜ, except if the standpoint of one party turns out to be clearly unjustified. In such a case, the expenses related to the expert appraisal shall be incurred by the party whose standpoint turned out to be clearly unjustified.
If an additional seller’s or producer's guarantee has been given to the goods, the corresponding conditions shall be provided in writing beside the product in the e-shop and are to be applied pursuant to the conditions.
Home Climate shall be liable to the Purchaser and the Purchaser shall be liable to Home Climate OÜ for damages caused to the other party by breaching these Conditions in the cases and extent provided in the legislation valid in the Republic of Estonia.
Home Climate OÜ shall not be liable for damages caused to the Purchaser or a delay in delivering the product if the damage or delay in delivery of the product has been caused by circumstances beyond the control of Home Climate OÜ (including a delay in the delivery of goods due to a third person) and the occurrence of which could not have been foreseen (force majeure).
If an agreement is not reached, the Purchaser has the right to turn to the Consumer Disputes Committee for the protection of their rights. Contacting the committee is free of charge to the consumer and the transaction value must exceed 20 euros. You can find out more about the procedural conditions and submit your application here: https://www.tarbijakaitseamet.ee/en/consumer-disputes-committee. In order to resolve problems that arise in the Member States of the European Union, the consumer can turn to Online Dispute Resolution https://ec.europa.eu/consumers/odr/main/?event=main.home.show.