Terms & conditions
Effective Date: 24.05.2018
Hotwire Systems OÜ, with registry code 12444328, address Treiali tee 2, 75312 Peetri alevik, Rae vald, Harjumaa, Estonia (hereinafter “Service Provider” or “Seller”), and the client who prepares an order in the HWS online shop www.hws250.com and identifies themselves by entering their personal data with the order (hereinafter “Service User” or “Client”), entered into an User Agreement of this online shop (hereinafter referred to as the “Agreement”).
1. E-SHOP (ONLINE SHOP)
1.1. Hotwire Systems OÜ’s e-shop hws250.com (hereinafter “E-shop”) is an online store created by the Service Provider through which products are sold to the Service User.
1.2. The e-shop is located at the Internet address www.hws250.com
2.1. Hotwire Systems OÜ reserves the right to amend and supplement these general terms and the price list unilaterally, without being obligated to notify the Service User in writing by e-mail.
- 2.1.1. Amendments to the terms and the price list will be effective from the moment the respective information is displayed on the Internet address hws250.com.
- 2.1.2. If a Client submits their order prior to the entry into force of the amendments, then the terms that were valid at the time the order was placed will apply, unless otherwise provided by the law of the Republic of Estonia or provided in these conditions.
- 2.1.3. If the Service User disagrees with these conditions, they must terminate the using of the hws250.com online shop.
2.2. The legal relationships arising from the purchase of products from hws250.com are governed by Law of Obligations Act (hereinafter LOA), the Consumer Protection Act (hereinafter CPA) and other legislation in force in the Republic of Estonia in addition to the terms of this Agreement.
2.3. The Seller is not in any way responsible for any damages incurred due to the fact that the Service User has not read the terms of this Agreement.
2.4. The Service Provider makes the Agreement available at an Internet address hws250.com in the menu of purchase terms, as well as in the purchase process before paying for the purchase by the Service User.
2.5. The Client is obligated to familiarise themselves with these terms prior to purchasing the goods or service.
3. PRODUCTS PURCHASING
3.1. The products offered in the online shop are sold to both physical and legal persons.
3.2. The Service User confirms that they are at least 18 years of age.
3.3. The Service User confirms that they have active capacity in order to complete the purchase when submitting the order.
3.4. The products displayed in the online shop are generally in stock. The availability of products displayed on the online shop may change due to technical issues with stock or store programs.
3.5. If the product is out of stock and the order cannot be fulfilled, the online shop employee will contact the User and suggest a possible new delivery time or replacement of the product with an equivalent product of same price and quality or a refund. The money will be returned to the Service User immediately, but no later than within 14 days after the order is submitted.
3.6. Displayed product images and videos are illustrative and may differ from the actual product. Product descriptions in the online shop may not be exhaustive and may include unintentional errors.
3.7. The Service User selects the desired products and undertakes to enter the information required for completion of the order (surname, first name, company name, registry code, telephone number, e-mail address, delivery address, postal code), method of delivery, confirmation of the Agreement, and agrees and pays for the purchase (including delivery costs) with a credit card (Visa, MasterCard).
3.8. The order is cancelled if the User has not paid the purchase amount (within the full range) within five (5) days to the Seller’s bank account.
3.9. The Service User undertakes to present the correct data necessary for the completion of the order. The Service Provider is not liable for any failure to comply with the order or any consequences resulting from incorrect data provided by the Service User.
3.10. Be careful when filling in the Client’s data and order confirmation pages, because the timely and uninterrupted delivery of the products you have purchased depends on the accuracy and correctness of this information.
3.11. The sale takes place when the Service User has sent an order through the online shop and has paid (100%) for the order.
3.12. The sale agreement (the Agreement) of products is deemed to be entered into (entry into force of the Agreement) upon receipt of the payment according to the order confirmation to the Seller’s bank account.
3.13. The desired product is the property of the Seller and is available to other customers for purchase until the order is fully paid.
3.14. After placing the order and making the payment the Client will be sent a confirmation via email, on delivery an invoice is added to the parcel; for a dispatch outside the European Union a customs declaration is also added (UPU form CN22).
4. PRICES & PAYMENT OPTIONS
4.1. All prices in e-shop are in euro (€) currency.
4.2. The prices of the products are provided on the products’ sheet and the prices include the 20% value added tax in force in Estonia.
- 4.2.1. VAT-registered buyers from EU countries other than Estonia are given an opportunity when ordering to obtain invoices excluding VAT (“0” taxes).
- 4.2.2. For dispatch to countries outside the EU (also Switzerland and Norway), VAT won’t be charged (“0” taxes). These packages may be assessed for import or customs fees, depending on the laws of the country concerned.
- 4.2.3. Customs or import duties are levied once the package reaches the destination country. www.hws250.com e-shop won’t collect any import fees deposit during checkout. Additional charges for customs clearance will have to be borne by the recipient. These import charges vary per country and we can’t predict what they might be. If you would like more information on import duties please contact your local customs office.
4.3. In case of the existence of a discount code the discount of the product will be calculated after entering the discount code in the basket.
4.4. The delivery fee will be added to the price of the goods. The delivery fee of goods depends on the location of the Purchaser and the method of delivery, and it will be calculated in the cart.
4.5. The Service Provider has the right to change the prices displayed in the online shop at any time, without having provide notification by e-mail to the Service User. If the prices in the online shop have been amended after the Service User has submitted the order and paid for it, the Service Provider undertakes to deliver the corresponding products to the Service User at prices valid at the time of ordering. The Service User has no right to claim compensation for the price difference.
4.6. You can pay quickly and safely using the following payment methods:
- 4.6.1. Credit card.
- 4.6.2. Bank transfer
4.7. Payment is done outside of hws250.com e-shop in payment service provider secure environment. The hws250.com e-shop does not have access to the Customer’s bank and credit card data. Credit card payments are done by Maksekeskus AS (www.maksekeskus.ee/en).
5. DELIVERY OF THE PRODUCTS TO THE CLIENT
Additional information about delivery time and methods You can check HERE
5.1. The hws250.com e-store delivers products to all over the world (to all countries from the list provided by the logistics partners).
5.2. We ship via various domestic and international shipping companies.
- 5.2.1. We offer different methods of shipping:
- Express Saver delivery – Courier method. Most items are shipped from Estonia within 1-3 working days and should arrive approx. within 2-10 working days if in stock.
- Standard delivery – Postal services. Most items are shipped from Estonia within 1-3 working days and should arrive approx. within 12-28 working days if in stock.
5.3. If the ordered goods are not available in stock they will be shipped from Estonia within 14-21 days.
5.4. The arrival of the product to the Client fully depends on the shipping companies.
- 5.4.1. Different customs clearance procedures and inspections can cause direct delays beyond our standard delivery estimates and times. Hotwire Systems is not responsible for delays in shipping caused by extraneous factors (such as customs clearance procedures, weather, inspections, incorrect addresses provided by customer, labor disputes, and/or transportation problems). We cannot be responsible for lost or damaged packages.
5.5. The hws250.com online shop is not responsible for the delivery of goods when the goods are delivered to the logistics partners at the right time but the delivery is delayed due to circumstances that could not be influenced or foreseen by Hotwire Systems OÜ. We will not refund shipping charges if the logistics partners fail to meet their guaranteed shipping times.
5.6. The Client shall pay the costs related to the delivery of the goods. Shipping charges vary depending on the weight of the package and the destination country. Delivery price will be automatically generated and indicated on your basket after You fill up the delivery location (country). Please note, that some countries may have only one Delivery method from presented list. It is depends on the regulations of the transport companies and some International companies don’t have branches in all countries from the list.
- 5.6.1. Customs or import duties are levied once the package reaches the destination country. www.hws250.com e-shop won’t collect any import fees deposit during checkout. Additional charges for customs clearance will have to be borne by the recipient. These import charges vary per country and we can’t predict what they might be. If you would like more information on import duties please contact your local customs office.
- 5.6.2. We take measures to ensure that the value of your shipment is declared accurately, and that all necessary paperwork accompanies your shipment to minimize any customs clearance delays.
5.7. Prior to placing an order, the Client shall check the accuracy of the contact details entered to prevent any delays or misunderstandings in delivery of the Product. The Seller shall not be held liable for any delays or misunderstandings arising in the course of delivery of the Product if the delay or misunderstanding is caused by inaccurate or incorrect details entered by the Client upon placing the order.
5.8. The Client must ensure the acceptance of the goods at the agreed time and address. In case the Client is not available at the time of arrival of the goods, the courier will make one additional attempt to deliver the goods. If both attempts to transfer the goods to the Client fail, the transport company will forward goods to the warehouse and hold them 7 days. In the event of the Customer’s failure to pick up the Product within the above mentioned period, the Customer shall be required to cover the expenses related to repeated delivery of the Product.
5.9. The Service Provider is not obliged to return the delivery fee paid to the Service User in the said case (except in the event of withdrawal from the Agreement), and the Service Provider has the right to demand an additional fee for covering the costs of the return.
5.10. In the event of the Product failing to reach the Customer in a good condition and in a closed package, the Customer shall notify the E-store by sending an e-mail to the address email@example.com or by calling (+372) 658 5566.
6. RIGHT OF WITHDRAWAL
6.1. If the Service User wants to cancel the Agreement after the order is submitted and before the performance of the Agreement by the Service Provider, the Service User undertakes to notify the Service Provider immediately in writing. Written notice must be sent to the e-mail address firstname.lastname@example.org
- 6.1.1. In the written notice, the order number from which the Client wishes to withdraw and the contact details of the Service User (first name, surname, company name, date of the order, telephone number) must be marked.
6.2. If the withdrawal application reaches the Service Provider after the performance of the Agreement by the Service Provider, the withdrawal will be made in accordance with the section “Right of Return” of the general terms of the online shop.
6.3. The Service Provider shall return the amount paid to the Service User immediately, but no later than within 14 days from the date of receipt of the notice of withdrawal from the Agreement.
6.4. The Service User undertakes to bear the cost of returning the goods, unless the returned goods were not in accordance with the Service User’s order.
6.5. Money will be transferred to the same bank account from which the payment was received by the Service Provider.
6.6. The Service Provider has the right to withdraw from the Agreement or to cancel the Agreement if the stocks of the ordered goods are exhausted.
6.7. The Service User will be notified of the withdrawal from the Agreement or cancellation immediately by telephone, e-mail or regular mail. In such cases, prepayments paid by the Service User will be returned to the Service User’s bank account immediately, but no later than within 30 days.
7. RIGHT OF RETURN
7.1. The Customer shall have the right to withdraw from the order within 14 days and have the Product/Products ordered replaced or return the Product/Products. This 14-day period shall commence at the moment when the Customer receives the order.
7.2. The returned product must be without defects, complete, in its original packaging, and unused.
7.3. Goods that have been changed according to customers’ wishes cannot be returned.
7.4. To return products, a return notice must be submitted to the e-mail email@example.com
7.5. The Customer shall return the goods within 14 days after submitting the application or submit a document confirming handing over of the goods to a logistics company within the above mentioned period. The merchant shall have the right to withhold any refunds until the item, which constitutes the object of the Contract, has been received or until the Customer has submitted evidence certifying returning of the item, depending on which occurs first.
7.6. In case of withdrawal from the Agreement, the product purchased by the Service User shall be returned immediately, but no later than within 14 days after notification of the cancellation.
7.7. The Customer shall always open a Product’s packaging carefully, without causing any damage. If packaging cannot be opened without damaging the packaging, the Customer shall not be required to return the Product in the original packaging.
7.8. If the returned product is damaged due to the Client’s inappropriate use of the product, due to the fault or carelessness of the Client, the Seller reserves the right to offset the reduction in the value of the product to the amount to be repaid to the Client or to waive full compensation. The Service Provider is also not responsible for the normal physical wear and tear of the product when used normally.
7.9. Upon return, the Service Provider shall return money to the Service User immediately, but no later than within 30 days from the date of receipt of the notice of withdrawal from the Agreement.
7.10. Money will be transferred to the same bank account from which the payment was received by the Service Provider.
7.11. The refund shall be received on the Customer’s bank account on the following banking day at the latest. If the Order was paid for by credit card, arrival of the refund shall depend on the terms and conditions of the Customer’s bank.
7.12. The Service User undertakes to bear the cost of returning the goods, unless the returned goods were not in accordance with the Service User’s order.
7.13. If it becomes evident after return that the return does not meet the conditions specified in the Agreement, the money will not be returned to the Service User and the returned product will be returned to the Service User.
7.14. The Service User does not have the right to return the product if the Service User has submitted an incorrect order.
7.15. Pre-ordered goods, customised goods (made taking into account the Client’s personal needs or conditions provided by the Client) and damaged or expired goods cannot be returned or replaced.
7.16. If an Order is returned fully, the Seller shall refund to the Customer the whole amount received based on the Contract, including the delivery cost paid by the Customer. If an Order is returned partially and a delivery cost was added to the cost of the Order, the Seller may refund the delivery cost in proportion to the number of products returned.
8. SUBMITTING A COMPLAINT
8.1. The 2-year period for submission of claims provided for in subsection 218 (2) of the Law of Obligations Act shall be applied to the Products sold.
8.2. The Service Provider is not responsible for any damage caused by non-targeted use (Client’s fault) of the ordered products, the normal physical wear of the product in case of normal use, as well as any delay in delivery, if this is due to circumstances that could not be affected by the Service Provider and/or caused by force majeure.
8.3. A claim must be filed immediately, but no later than two (2) months from the date of discovery of the defect.
- 8.3.1. To solve any subsequent problems, the Client must retain the purchase documents (invoice, agreement, etc.), providing evidence that the goods have been purchased through Hotwire Systems OÜ’s online shop.
- 8.3.2. Without a sales document, the Seller may leave the matter unresolved.
- 8.3.3. All claims shall be reviewed and the Customer shall be contacted as soon as possible, but no later than within 15 days after receiving the claim.
8.4. In the event of non-conformity or defect of a product, the Client is entitled to demand replacement parts, replacement of the product with the compliant product or withdraw from the order and return the non-compliant product at the expense of the Service Provider.
- 8.4.1. Handling of replacement and refunds takes up to four (4) weeks.
8.5. If the goods are not in conformity with the terms and conditions of the Contract, the Consumer shall have the right to use the legal remedies provided for in the acts of law, including demand fulfilling of the Contract, lowering of the price, compensation for damages or cancel the Contract.
8.6. The Seller shall not compensate to the Customer for the expenses made in the event of a nonconforming or defective Product or be held liable for such Product if: if the value of the Product has deteriorated/the Product has been damaged at the fault of the Customer, the deficiencies are caused by abnormal use of the Product, including failure to follow the maintenance instructions, if the value of the Product has deteriorated due to normal wear and tear in the course of regular use, if the Customer is unable to present a document evidencing purchasing of the Product.
10.1. The Service Provider is responsible to the extent of the sales price of the product. The Service Provider does not take responsibility for damages caused by defective products such as damage to property.
10.2. The Service User undertakes to use the online shop service only in accordance with law and good practices.
10.3. Neither party is liable for the other party, and its conduct is not considered to be in breach of these terms due to any delay in the performance of any obligation or non-peformance of the obligation, if the reason for delay or non-performace was not controlled by that party (force majeure)
10.4. The Service User is fully liable for the Service Provider, other Service Users or third parties according to the User Agreement and law, for damages caused by using the online shop against good practice.
10.5. The Service Provider does not compensate the Client for any moral damages in connection with changes in prices, delivery times and other conditions in the framework of these terms.
11. TERMS AND CONDITIONS OF USE AND AMENDMENT THEREOF
11.1. Reading the terms of this User Agreement is mandatory for the Service User.
11.2. The Seller shall have the right to withdraw from fulfilling an order if the price of a Product displayed in the E-store at the time of placing the order was incorrect due to a technical error.
11.3. The sales contract between the Seller and the Customer shall become valid from the moment of receipt of the purchase price on the Seller’s bank account.
11.4. By ticking “I have read and agree to the terms” in the respective window when submitting an order, the Service User agrees that they have read, understood and agrees with the terms of the Agreement.
11.5. The disagreements arising from the Agreement between the Service User and the Service Provider are resolved by negotiation. In the event of failure to reach an agreement, the Parties have the right to appeal to the Consumer Complaints Commission at the Consumer Protection Board (“Tarbijakaitseamet” Estonia) or to resolve the dispute in the Harju County Court.
12. CUSTOMER SUPPORT
12.1. The customer support telephone number is +372 658 5566 (available from 10:00 a.m. to 5:00 p.m. on working days) and the e-mail address: firstname.lastname@example.org (available 24h)
NB! Customer support is unavailable on public holidays.
13. THE SELLER’S DETAILS.
- Company name: Hotwire Systems OÜ
- Reg #: 12444328 | VAT #: EE10164923
- Address: Treiali tee 2, 75312 Peetri alevik, Rae vald Harjumaa, Estonia
- Phone: +372 658 5566
- E-mail: email@example.com