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General Terms and Conditions of Sale
§1. General Terms and Conditions of Sale
1.1 Progear OÜ, registry code 11329950, located at Artelli 19, Tallinn, Harju County, 10621, Estonia (hereinafter ‘Progear’) and customer who finalises an order in Progear online store (www.progear.eu or www.progear.ee hereinafter ‘Online Store’) or through any other means of communication (hereinafter ‘Buyer’) conclude this contract under the following terms and conditions (hereinafter ‘Terms and Conditions’). The buyer may be a natural person, i.e. a consumer (as defined in §1 of the Law of Obligations Act), who carries out a transaction which is not related to any independent economic or professional activity, as well as a legal person (as defined in § 24 of the General Part of the Civil Code Act), such as a private company or state authority, which carries out a transaction which is related to achieving the purposes of their economic or professional activity.
1.2 Upon accepting the Terms and Conditions, the Buyer confirms that they have familiarised themselves with the terms and conditions of the contract of sale, accepts the terms and conditions, and shall comply with them.
1.3 Delivery times, prices and specifications of the goods offered on the Online Store are subject to change without notice and are therefore not legally binding, but merely an electronic catalogue of the possible products on offer. Upon confirming an order in the Online Store or by a means of communication, the Buyer makes a legally binding commitment to purchase the selected goods. Online Store shall reply to orders submitted by the Buyer through online store with e-mail, confirming that the Buyer has submitted an order successfully and Online Store system has received the order successfully. The transaction shall only be considered enforceable when and if Progear sends the buyer an order confirmation by e-mail in which Progear expresses the intent to fulfill Buyers order.
1.4 Progear reserves the right to choose Buyers and withdraw from transactions upon finding that the related order cannot be fulfilled for any reason. In such exceptional cases, the buyer shall be informed and any prepayments shall be returned as soon as possible, but no later than within two Banking Days. Any additional claims against Progear in relation to withdrawal from the transaction shall be considered invalid.
1.5 Progear activities and Terms and Conditions shall be subject to Estonian law. All of the laws in force in Estonia are published on the website of State Gazette (Riigi Teataja) at https://www.riigiteataja.ee in English and Estonian language.
1.6 Guide for submitting, confirming and paying for orders in the online store:
- Choose a product or products and add them to the online shopping cart. Quantity of the goods in the shopping cart can be adjusted within shopping cart, before confirming and submitting the order.
- Enter the Buyers details and select desired delivery method / delivery service provider. If you wish the goods to be delivered to an address different from the Buyers address, enter delivery address separately.
- Select the desired payment method.
- Read the terms and conditions of the online store and confirm that you accept them by ticking the box in front of the terms of conditions.
- Confirm your order by clicking the button ‘I confirm the order and pay’, after which you will be redirected to the page of the selected payment method. Fill in the required fields on the payment method page and authorise the payment.
- After authorising payment, do not leave the payment method page before clicking the button ‘RETURN TO MERCHANT’. After clicking ‘RETURN TO MERCHANT’, You will be redirected back to Online Store and a notification of successful payment will appear. Online Store will send automated confirmation about receiving Your order, including all order details.
- The transaction shall be considered to be concluded at the moment of receipt of the amount to be paid on Progear’s bank account or the moment of signing a hire purchase contract. Progear shall not fulfil any unpaid orders.
§2. Payment methods
2.1 When authorizing payment by credit card or by bank link in the Progear online store, Buyer security is guaranteed.
- 2.1.1 Pay with credit card: During order finalisation, click on the logo of a credit card where you have sufficient means available for paying for the order. Authenticate Yourself and authorize payment.
- 2.1.2 Pay with bank link: During order finalisation, click on the logo of the bank where you have an account with sufficient means available for paying for the order. Authenticate Yourself and authorize payment.
- 2.1.3 Pay by bank transfer: If you wish to pay by bank transfer, send e-mail to firstname.lastname@example.org and include all necessary Buyers details and delivery info.
- 2.1.4 Pay by hire-purchase: choose Your preferable Progear hire-purchase partner
- Inbank hire-purchase - Read more: https://www.progear.eu/inbank-hire-purchase/
- Holm Pank Liisi hire-purchase - Read more: https://www.progear.eu/holm-pank-liisi-hire-purchase/
- LHV Pank hire-purchase - Read more: https://www.progear.eu/lhv-hire-purchase/
- 2.1.5Pay with a gift card: For paying with gift card, contact Progear by email email@example.com or call +372 6728 280. It is possible to pay with multiple gift cards. If the amount available on the gift card is less than the purchase price, the remaining amount can be paid at our physical store in cash or by bank card. If the amount available on the gift card exceeds the purchase price, the exceeded amount can be used for future purchases until the date of expiry of the gift card.
§3. Delivery of goods
3.1 Goods shall be delivered to Buyer chosen addresses using third-party delivery service providers (hereinafter ‘the Carrier’). If desired, Buyer may collect the goods in person from Progears showroom or warehouse (address Artelli 19, 10621, Tallinn, Estonia) on working days from 10am to 6pm, except on public holidays.
3.2 Within European Union shipments are generally delivered to the location specified by Buyer within 1–7 working days from the entry into force of the contract of sale. In exceptional cases, the goods may be delivered within 45 calendar days.
3.3 If Buyer is a consumer, the risk of accidental loss of or damage to the goods passes to the Buyer at the moment of transfer of the goods, even if the goods are transferred by the Carrier. If Buyer is a legal person, the risk of accidental loss of or damage to the goods passes to the Buyer at the moment of transfer of the goods to the Carrier. If no Carrier is involved in the transfer of the goods, the risk of accidental loss of or damage to the goods passes to Buyer at the moment of transfer of the goods. The transfer shall be deemed completed even if Buyer delays accepting the goods.
3.4 Delivery service fees are applied according to price list, except when Buyer is offered a personal quotation.
3.5 All prices related to the delivery of the goods are shown in euros and include Estonian VAT as well as any applicable packaging and transport costs.
3.6 If Buyer is a consumer, we will kindly ask, without legal commitment, to check the goods carefully upon delivery and make sure the Carrier has recorded in written any possible missing packages or damages to the packages. Buyers who are legal persons and authorised persons of legal persons are obligated to check the goods carefully upon delivery to identify any possibly missing packages or damages to the delivered packages. Legal persons must ensure that all identified missing packages or packaging damages are recorded in written form and reported by the courier before accepting the goods.
§4. Consumer 14-day right of withdrawal
4.1 A buyer who is a consumer has the right to withdraw from a transaction without disclosing the reason if the transaction was concluded through a means of communication (online store order, order confirmed by e-mail, order confirmed by phone, etc.) or outside of Progear’s premises (orders placed upon meeting Progear outside of Progear’s premises) within 14 days.
4.2 The withdrawal period ends after 14 days from the date of the goods coming into the physical possession of the Buyer or a third person who is not the Carrier of the goods designated by the Buyer. In order to comply with the withdrawal period, the Byyer must submit the application for withdrawal before 14 days have passed from that date.
4.3 In order to exercise the right of withdrawal, the buyer must notify Progear of the decision to withdraw from the transaction by submitting a written application at Progear’s showroom or by e-mail. The buyer is recommended to use the application form available on Progear’s website, although this is not mandatory. This procedure of withdrawal does not apply to withdrawal from a consumer credit agreement concluded between the buyer and Progear. Withdrawal from a consumer credit agreement shall be done in accordance with the procedure set out in the agreement.
- Progear OÜ, Artelli 19, 10621, Tallinn (open on working days at 10:00 - 18:00, excl. public holidays).
- E-mail: firstname.lastname@example.org
- Phone no.: +372 6728 280
- The application form for withdrawal is available at: https://www.progear.eu/application-for-withdrawal-14-days/.
4.4 Cases in which the buyer does not have the right of withdrawal include:
- 4.4.1 contracts, the object of which is the transfer of an audio or video recording or computer software in sealed packaging, if the buyer has opened the packaging;
- 4.4.2 contracts, the object of which is the transfer of goods containing a unique code for downloading an audio or video recording or computer software or access to online environment which would otherwise have to be paid for;
- 4.4.3 contracts, the object of which is the transfer of goods in sealed packaging, if the goods are not suitable for returning due to health or hygiene reasons and if the packaging has been opened after delivery (e.g., in-ear headphones, in-ear monitors, etc.);
- 4.4.4 contracts, the object of which is a custom-order product which has been made according to the buyer’s personal needs or specifications;
- 4.4.5 contracts, the object of which is a gift card, if the unique code on the gift card has already been used.
4.5 Consequences of withdrawal from a contract
- 4.5.1 Upon withdrawal from a contract, Progear shall return all payments received from the Buyer under the contract to the Buyer, including delivery costs (except additional costs due to the delivery method chosen by the Buyer, if it is different from the cheapest regular delivery method offered by Progear), as soon as possible, but no later than within 14 days from the date of learning about the Buyer’s decision to withdraw from the contract.
- 4.5.2 Progear shall make the repayments using the same payment method used by the Buyer to pay Progear, except if the Buyer has agreed to the use of a different payment method. The Buyer shall not bear any service fees or other costs in relation to such repayments.
- 4.5.3 The Buyer shall return the goods to Progear as soon as possible, but no later than within 14 days from the date of notifying Progear about the decision to withdraw from the contract. The goods which are the object of the contract shall be returned to Progear in the original packaging (signs of opening may be visible, but the packaging must not be broken) along with all objects contained in the product packaging. The direct cost of returning the goods shall be borne by the Buyer. In order to comply with the withdrawal period, the buyer must return the goods which are the object of the contract before the end of the 14-day period or provide proof that they have transferred the goods to the carrier within this period. If the Buyer fails to return the goods within 14 days of submitting the application for withdrawal and provide proof having transferred the goods to the Carrier, Progear has the right to reject the application for withdrawal.
4.6 Progear has the right to refuse to refund the Buyer until Progear has received the goods which are the object of the contract or until the Buyer has provided Progear with proof having transferred the goods to the Carrier, whichever is earliest.
4.7 In the event of the deterioration of the returned goods, the buyer shall be liable for the reduction in the value of the goods due to usage, if they have used the goods in any way other than that which is necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, the goods may be handled and used only as normally permitted in the showroom. In the event of returning used or incomplete goods, Progear has the right to deduct the reduction in value of the goods from the purchase price to be refunded to the buyer. If the buyer fails to return any gifts or other additional items, Progear also has the right to deduct the retail price of such items from the refundable amount. Progear has the right to submit claims related to the reduction in the value of the goods to the buyer for up to one month from the return of the goods.
§5. Complaints, liability and settlement of disputes
5.1 If the goods are not in conformity with the contract, the buyer may exercise legal remedies provided by the law, including demanding fulfilment of the contract, price reduction, compensation for damage and termination of the contract:
- 5.1.1 If the goods are not in conformity with the contract (i.e. the goods are defective), a Buyer who is a consumer may submit complaints to the seller for up to 2 years (consumer’s 2-year right of submission of complaints) from the date of transfer of the goods, including used goods. Complaints must be submitted as soon as possible, but no later than 2 months after the discovery of the defectiveness of the goods. Upon discovery of a defect, the Buyer shall take reasonable measures to maintain and protect the goods, including not using the defective goods, if the use of the goods could lead to further deterioration of the goods.
- 5.1.2 If the goods have been granted a warranty against defects by the seller or manufacturer in addition to that provided by law, the Buyer shall be provided with the terms and conditions of the warranty in writing together with the goods and/or they shall made available electronically in the Online Store.
- 5.1.3 Buyers who are legal persons shall be granted a warranty against defects if it is offered by the manufacturer or importer (generally, manufacturers offer a warranty against defects with a validity period of one year or more).
5.2 The right of submission of complaints does not extend to damage during transport after the transfer of the goods to the Buyer.
5.3 In order to facilitate the settlement of later complaints, the Buyer shall retain any purchase documents (invoice, contract, etc.) proving that the goods have been bought from Progear. If the Buyer fails to provide proof of purchase, Progear may decline to settle the complaint.
5.4 If a product is found to be defective, a Buyer who is a consumer has the right for free repair of the product. If the same defect arises again after repairing, the consumer may demand replacement of the product or reduction of the purchase price. The Buyer has the right to withdraw from the contract, if Progear has materially breached the contract, including if:
- 5.4.1 Progear is unable to repair or repairing the product is unsuccessful;
- 5.4.2 Progear is unable to replace the goods;
- 5.4.3 Progear has failed to eliminate the defect within a reasonable time;
- 5.4.4 repairing or replacing the product has caused unreasonable inconvenience to the consumer Buyer.
5.5 Progear shall not eliminate defects discovered during the period of validity of the consumers 2-year right of submission of complaints nor that of the warranty against defects, if such defects have arisen due to:
- 5.5.1 the use of unsuitable accessories;
- 5.5.2 incorrect installation;
- 5.5.3 problems related to the software installed in the device due to incorrect installation or use by the buyer (including defects caused by software viruses);
- 5.5.4 normal wear and tear during normal use;
- 5.5.5 modifications to the original parts, improper (unintended) use, maintenance (including if the goods have been repaired or serviced by persons not authorised by Progear or the manufacturer) or damaging of the goods;
- 5.5.6 defects of which the seller has notified the Buyer before purchasing the goods;
- 5.5.7 external factors, including lightning, inappropriate electrical current and current fluctuations, humidity, liquids, mechanical damage, etc.;
- 5.5.8 damage to or replacement or removal of the serial number, inspection label or marking label of the device and/or part;
- 5.5.9 the fault of the Buyer, unreasonable operation or careless storage, maintenance or overloading.
5.6 Complaints regarding products purchased from Progear may be submitted as follows:
- 5.6.1 at Progear OÜ, Artelli 19, 10621, Tallinn;
- 5.6.2 by sending an e-mail to: email@example.com;
- 5.6.3 by filling in the application form for returning a defective product, at: https://www.progear.eu/application-for-returning-a-defective-product/.
5.7 Progear will respond to the Buyer, who is a consumer, complaint in writing or in a form that can be reproduced in writing within 15 days.
5.8 When submitting a complaint, the defective product must also be delivered to Progear.
5.9 Upon submission of a complaint, any costs incurred within 6 months of the transfer of the goods to a Buyer who is a consumer in relation to the repair or replacement of the goods, in particular costs relating to transport, postage, work, travel and materials, shall be borne by Progear (subsection 222 (4) of the Law of Obligations Act). Costs incurred within the following 1.5 years shall be borne by Progear only if the complaint is justified.
5.10 If a Buyer who is a consumer submits a complaint later than 6 months after the transfer of the goods to the Buyer and establishing the nature and cause of the defect of the product requires carrying out an expert analysis, Progear and the Buyer shall enter into an agreement for carrying out the expert analysis. The buyer shall pay an expert analysis (diagnostics) fee of €36 for the expert analysis of a device, if Progear is not liable for eliminating the defect of the device. The Buyer shall also pay the expert analysis fee, if no defect is found during the expert analysis of the device and the device meets the specifications of the manufacturer.
5.11 If a Buyer who is a consumer does not agree with the results of Progear’s expert analysis, the Buyer shall provide proof that there is a defect (non-conformity with the contract) and that the defect or its cause existed at the time of the transfer of the goods.
5.12 If a Buyer who is a consumer and Progear are unable to settle the dispute by agreement, the consumer may contact the Consumer Disputes Committee under Consumer Protection and Technical Regulatory Authority of Estonia. The procedural requirements can be found and the application can be submitted at https://komisjon.ee. The Consumer Disputes Committee has jurisdiction to settle any disputes arising from contracts concluded between a Buyer and Progear. Consumer complaints are reviewed by the Committee free of charge. A Buyer who is a consumer may also turn to the consumer dispute resolution platform of the European Union https://webgate.ec.europa.eu/odr/main/?event=main.home.show
§6. Processing of personal data and direct marketing
6.1 The online store shall only use the personal data submitted by the Buyer (including name, phone number, address, e-mail address, bank details) for processing the order and delivering the goods to the Buyer. In order to have the goods delivered to the Buyer, the online store forwards the personal data to the carrier who is the delivery service provider.
6.2 The online store shall only send newsletters and offers to the Buyer’s e-mail address if the Buyer has expressed their willingness by entering their e-mail address on the website and indicating that they wish to receive direct e-mail messages. The Buyer may unsubscribe from e-mail offers and newsletters at any time by notifying Progear by e-mail or following the instructions provided in such e-mails.
- General Terms and Conditions of Sale until 18.12.2020: Download PDF