Terms & Conditions (Canada)

SALES CONDITIONS / CONTRACT FOR USE

ABOUT THE COMPANY

  • Iron Baltic OÜ is an Estonian company created in 2006 on the basis of private capital;
  • Iron Baltic OÜ is active in design, production and sale of the additional equipment of the moto-technique;
  • Customer support of Iron Baltic OÜ works on business days from 9.00 to 17.00 (GMT +2);
  • Phone: +372 6 533 711;
  • E-mail:  sales@ironbaltic.com

  • Your e-mails will be replied in 2 business days;
  • Costumer support in English and Estonian.


  • CONTRACT FOR USE

    1. General provisions

    1.1  Terms and conditions of this Contract For Use (hereinafter referred to as Contract) shall apply to the legal relations arising from the purchase of goods from E-shop between the customers (hereinafter referred to as Customer) and the owner company Iron Baltic OÜ of the purchase environment  www.ironbaltic.com (hereinafter referred to as E-shop).

    1.2  Terms and conditions of the Contract can not be in contradiction with the legal standards of the Republic of Estonia and when necessary (in the case of disputes or missing information), they are amended by those standards.

    1.3  In addition to this Contract, the relations between the Customers and E-shop shall be regulated by the price list and established good practices of the E-shop.

    1.4  E-shop shall retain a right to change unilaterally the contractual conditions and price list of Products for the purpose of efficiency, competition, further development, or completion or reorganisation of the selection of Products.

    1.5  Changes of the contractual conditions and price list shall enter into force since the publication of this information in the E-shop. If the Customer forwarded his/her order before the enforcement of the contractual conditions, the conditions in force before the changes of the conditions shall apply to the Customer, unless provided differently by the law or terms and conditions of this Contract.

    1.6  E-shop and Customer wish to deal on the conditions provided by this document. When formalising the order in the E-shop and making the prepayment, the Customer shall confirm that he/she is introduced to the terms and conditions of the Contract and accepts them.



    2.    Price list

    2.1  Prices of the Products being sold in the E-shop are presented in EUROs without transport expenses and with the value added tax of 20% included.

    2.2  The displayed product pictures are with an illustrative meaning and they may differ from the real Product. The product descriptions in the E-shop may not be final and they may contain unintentional mistakes.

    2.3  Price of the Products shall be added by the transport expenses. The amount of transport expenses is given on the page of the shopping cart and on the order confirmation sent by the E-shop.

    2.4  Price of the transport shall be calculated automatically based on the destination and dimensions and weight of the Product indicated by the Customer.

    2.5  In the case the Customer wishes to buy more than one Product item in one order, for the more favourable transport price, we recommend the Customer to contact the E-shop by e-mail to sales@ironbaltic.com.

    2.6  Transport price shall be calculated automatically on the assumption that one order is meant to one destination address. In the case the Customer wishes the Products to be delivered to different addresses, he/she should give separate orders or contact the E-shop by e-mail to sales@ironbaltic.com.

    2.7  The final cost of the order shall include the price of the Product(s), transport expenses and all taxes arising from the laws of the Republic of Estonia in the frame of this Contract, but it shall not include the possible additional taxes in the Customer's destination country (customs duty, value added tax obligation etc.).

    2.8  E-shop shall retain a right to correct the prices. If the Customer forwarded his/her order before the enforcement of the change of the price, the price indicated on the invoice at the moment of the formalisation of the order shall apply to him/her.



    3.    Purchase and payment for the goods

    3.1   In order to submit an order or to make a purchase, the Customer must enter full invoicing and shipping data.

    3.2   Shopping Cart of the Customer shall be created at the moment he/she has clicked the button “Add to Cart”.

    3.3   Customer may change the quantity of the Products being in the Shopping Cart and to remove them from the Shopping Cart when necessary.

    3.4   In order to confirm the order of the Products in the Shopping Cart and to formalise the purchase, the Customer must click the button “Send Order”.

    3.5   Payment for the ordered goods:

    3.5.1 Credit card. Customer shall be directed automatically to pay with the credit card through EveryPay payment system. Customer shall pay 100% of the amount of the order immediately after the formalisation of the purchase. After the payment, a payment confirmation shall be sent automatically to the Customer's e-mail address. This is also a confirmation of the order. Completion of the order shall be commenced and this Contract shall be deemed concluded at the moment the payment confirmation/order confirmation is sent to Customer's e-mail address.

    3.5.2  PayPal. Customer shall be directed automatically to pay with the credit card through PayPal payment system. Customer shall pay 100% of the amount of the order immediately after the formalisation of the purchase. After the payment, a payment confirmation shall be sent automatically to the Customer's e-mail address. This is also a confirmation of the order. Completion of the order shall be commenced and this Contract shall be deemed concluded at the moment the payment confirmation/order confirmation is sent to Customer's e-mail address.

    3.5.3  Bank Transfer. After order submitting a payment confirmation shall be sent automatically to the Customer's e-mail address. Customer shall receive a prepayment invoice within 2 working days,  with payment term of 5 days and the Customer is obliged to check whether the data on the invoice are correct. This Contract shall be deemed concluded and completion of the order shall be commenced since the moment 100% of the full amount indicated on the invoice has received to the bank account of the E-shop. In the case the payment is not made on time, the order and prepayment invoice shall be cancelled automatically.

    3.5.4 Payment of 100% of the amount of the order is recommended in the E-shop. Customer may use the right of the purchase of Products with a prepayment of 50%. For this, the Customer must contact the E-shop by e-mail to sales@ironbaltic.com after the registration, introduction to the Contract and selection of the Products. Customer shall receive a prepayment invoice within 2 working days,  with payment term of 5 days and the Customer is obliged to check whether the data on the invoice are correct. This Contract shall be deemed concluded and completion of the order shall be commenced since the moment 50% of the full amount indicated on the invoice has received to the bank account of the E-shop. In the case the payment is not made on time, the order and prepayment invoice shall be cancelled automatically. In the case the Customer has paid 50% of the full amount, the other 50% of the full amount must be received to the bank account of the E-shop not later than 2 (two) working day before the delivery of goods to the company providing transport services (hereinafter referred to as Transporter).

    3.6  It is possible to change the order before clicking the button “Send Order”.

    3.7  Customer can no longer change the order when the order confirmation has already been sent to his/her e-mail address. In order to make the changes, the Customer must send a corresponding application by e-mail to sales@ironbaltic.com before the administrator of the E-shop has sent information about the issue time of the Products to the Customer's e-mail address. Prepayment for the cancelled and not yet shipped order shall be returned not later than in in 14 (fourteen) days since the receipt of the Customer's application by the E-shop.

    3.8  Administrator of the E-shop shall send information about the issue time of the Products and send an invoice for the order to Customer's e-mail address in two working days since concluding the Contract.



    4.   Issue and delivery of the Products

    4.1  Descriptions of the Products in the selection of the E-shop shall include the information about the issue of them from the warehouse of the E-shop:

    4.1.1 “In stock” - Products present in the warehouse of the E-shop. The goods shall be issued in three working days;

    4.1.2 “Out of Stock” – Products being in production or to be supplied upon to the order. The ordered goods shall be issued no later than 45 (fourty five) calendar days;

    4.2   Administrator of the E-shop shall send the requisites of the Transporter and the tracking ID of the transport of the Products to the Customer by e-mail.

    4.3   Information about the issue of the Products sent to Customer's e-mail address shall be valid only in the case 100% of the amount of the order has been paid at the day of submitting the paid order. Delivery of the Products to the Transporter shall be postponed by the days remaining between submitting the order and payment for it.

    4.4   E-shop shall oblige to inform the Customer about the change of the delivery period at the first possibility after the receipt of the corresponding information.

    4.5   Customer shall oblige to inform the E-shop immediately about the change of the destination. If the transport order has been submitted by the E-shop to the Transporter, it shall be no longer possible to change the destination.

    4.6   Avoidance of the delays and misunderstandings at the delivery of the goods shall depend on the correctness and authenticity of the data indicated in the order. E-shop shall not be responsible for the delays and misunderstandings at the delivery of Products if the delay or misunderstanding is conditioned by the inaccuracy of the data submitted in the order.

    4.7   Products shall be delivered to the Customer by the Transporter on the basis of the delivery note. Before the acceptance of goods and signing the delivery note, E-shop recommends to revise the package of the Product. In the case of visible damages, E-shop recommends not to accept the goods. By signing the delivery note, Customer confirms that the package was correct at the moment of delivery or that he/she is satisfied to the condition of the package (goods are not damaged).

    4.8   Product in the damaged package should be returned to the Transporter or the information should be sent to the address sales@ironbaltic.com or call should be made on the phone +372 6 533 711.

    4.9   E-Shop has concluded a contract with the Transporter for the transportation of the Products but it shall not result in the obligation for the E-shop to deliver the Products to the Customer. Delivery obligation shall be deemed performed by the E-shop already at the moment the goods are delivered to the Transporter (clause 4, article 209, Law of Obligations Act).



    5.    Returns Policy

    5.1   Customer shall have a right to return the Product in 14 days since the receipt of the goods (except for special order, see clauses 5.9 and 5.10).

    5.2   In order to return the Product, the Customer must submit a written application for refusal with the following data:

    5.2.1 Customer's name and contact data;

    5.2.2 date of submitting the application;

    5.2.3 we recommend to write down also the reason for the return of the Product;

    5.2.4 number of the confirmation of the order and invoice number.

    5.3   The Product to be returned must be unused and the application for refusal must be sent in written to sales@ironbaltic.com or to the contact address in the above mentioned period (i.e. 14 days).

    5.4   In the case the Product is returned, also the amount paid for the Product shall be returned (except for the transport expenses) not later than in 14 (fourteen) days since the receipt of the goods in the warehouse of the E-shop on the assumption that the application for refusal has been received by the E-shop on time.

    5.5   E-shop shall cover the expenses of return in the case the Product is with damages that could not be detected on the surface and that have not been caused by opening the package or in the case the Product is not compatible with that in the order of the Customer.

    5.6   If the Product to be returned has been damaged and the given situation is caused by non-purposeful use or negligence by the Customer, E-shop shall retain a right to subtract the reduction of the value of the Product from the amount paid by the Customer for this Product. In the case the Customer does not agree with the value reduction, he/she shall have a right to claim an assessment from an independent expert in order to make sure the value reduction or identify the violated party.

    5.7   In the case the Customer looses the interest in the Product because of longer delivery term, Customer shall have a right to cancel the order by an application to sales@ironbaltic.com. Prepayment made by the Customer shall be returned not later than in 14 (fourteen) days since the receipt of Customer's application by the E-shop.

    5.8   E-shop shall retain a right not to cancel the Customer's order and not to accept the returned Product in the case the Product has been specially prepared for the Customer on the basis of special order.

    5.9   Special orders are the Products specified in clauses 4.1.2 and 4.1.3.

    5.10  E-shop shall retain a right to cancel the Customer's order in the case the E-shop can not supply the Product for some reason and the Customer does not agree with the replacement Product offered by E-shop. Prepayment for the cancelled order shall be returned not later than in in 14 (fourteen) days since the receipt of the written notice of the E-shop at Customer's e-mail address.



    6.    Time and procedure of filing complaints

    6.1 According to the Law of Obligations Act of the Republic of Estonia, Customer shall have a right to file complaints for Product's non-compliance with contractual conditions in 2 (two) years since the receipt of the Product. In the case of defects appeared in first six months, it shall be assumed that the defects existed at the moment of purchase and the nature of the defect shall be detected by the E-shop.

    6.2 In the case of defect in the Product, Customer shall oblige to inform the E-shop about the problem by filling claim application form or by e-mail to support@ironbaltic.com and to submit the following information

    -      name and contact data;
    -      date of complaint;
    -      number of the confirmation of the order and invoice number;
    -      production number of the Product;
    -      defect of the Product (description of the defect, photos, if possible);
    -      your claim to be submitted to the E-shop.
    This application must be sent not later than in two months after the detection of the defect. In the case of not adhering to this term, Customer shall have no right to claim the reparation of the Product or replacement of a detail free of charge.

    6.3 E-shop shall oblige to reply to Customer's complaint in written in 14 days.

    6.4 In the case of manufacturing defects in the Product, E-shop shall oblige to repair, replace or compensate the Product in the case the manufacturing defects have caused the Product to be unfit for use.

    6.5 In the case of replacement of an inappropriate Product, E-shop shall have a right to claim the return of the Product from the Customer.

    6.6 Customer shall have a right to claim the return of the payment only in the case the reparation or replacement of the Product is not possible or fails or in the case the E-shop refuses from the reparation or replacement without justification or does not do it in a reasonable period after the receipt of the application.

    6.7 In the case of compensation for the inappropriate Product, the amount paid for the Product (transport expenses included) shall be returned not later than in in 14 (fourteen) days since the day the Product has arrived in the warehouse of the E-shop.

    6.8 E-shop shall bear no responsibility for:

    6.8.1 damages caused to the Product through the fault or negligence of the Customer;

    6.8.2 defects that have been caused by non-purposeful use of the Product;

    6.8.3 natural physical wear in the case of normal use of the Product.



    7.    Responsibility and force majeure

    7.1   E-shop and Customer are responsible for each other for the damage caused to the other party by the violation of the contractual conditions in the cases and to the extent provided by the legal acts of the Republic of Estonia.

    7.2   Neither of the parties shall be responsible for the other party and his/her behaviour shall not be deemed violation of the contractual conditions because of the delay or non-performance of any obligation, if the reason for the delay or non-performance was not possible to control by the parties (force majeure).

    7.3   E-shop shall not compensate the moral damage that can be caused to the Customer by the change of the delivery terms, prices and other conditions in the frame of these conditions.

    7.4   E-shop shall not compensate Customer's expenses that are caused by the circumstance that the Customer took the obligations for the third parties (independent from the E-shop) on the conditions in contradiction with these conditions.

    7.5   E-shop shall not compensate to the Customer the unused possibilities arising from the change of delivery terms, prices and other conditions.



    8.    Privacy

    8.1   E-shop shall use the information submitted by the Customer only for the completion of the order from the Customer. E-shop shall not disclose the information received in course of the registration and purchase, except in the cases provided by the law. Contact between the bank and buyer is protected by SSL (Secure Sockets Layer) that insures that the exchanged information can not be listened or changed by any third parties. Information exchanged between the bank and trader is equipped with digital signatures.

    8.2   If the Customer wishes, he/she has right to claim the deletion of his/her personal data from the database of the E-shop by e-mail to support@ironbaltic.com.

    8.3   In the issues not regulated by this Contract, the Customer and E-shop shall rely on the legislation of the Republic of Estonia and other acts regulating the relations between the parties.

    8.4 Differences and disputes arising from the performance of the conditions of this Contract shall be solved by the parties primarily by negotiations. If the disputes arising from the Contract can not be solved by negotiations between the parties, the Customer and E-shop both have a right to address the Consumer Protection Board or Court.