Terms of use General conditions 1.1 www.MXsport.ee is an e-shop selling motorcycle equipment, bicycle equipment, clothes, shoes, accessories, etc., etc. (hereinafter referred to as Products), managed by MXsport OÜ; 1.2 When registering as a user of www.MXsport.ee and/or purchasing Products, the terms of this agreement and the rights and obligations arising from the legislation of the Republic of Estonia apply. Sign a contract 2.1 MXsport OÜ sells and the e-store customer buys Products offered in the e-store; 2.2. The sales contract between MXsport OÜ and the customer comes into effect from the receipt of the amount to be paid according to the order confirmation to the MXsport OÜ account. Products are not reserved before the sales contract enters into force (e.g. when adding to the shopping cart). Price 3.1. The prices of the Products sold at www.MXsport.ee (including VAT) are indicated on the product pages. In the case of discount prices for campaigns, both the new price and the crossed-out old price are shown on the product page; 3.2. If you have chosen a parcel machine as the method of delivery, the price also includes delivery of the Products to the selected Itella parcel machine, if the order amount exceeds 50 euros. A shipping fee of 2.99 euros is added to orders under 50 euros. 3.3. You can also pick up the goods ordered from the e-shop at the address Härgmäe 21, Tallinn, in this case you have to choose the mode of transport when making the purchase: I will pick up the goods myself. Product availability, photos and descriptions 4.1. MXsport OÜ does everything possible to ensure that the stock levels stated in the e-store correspond to reality, but a situation may arise where the stock levels stated on the product page are not correct. What happens if you have ordered a Product, but it has actually run out? In this case, we will contact you as soon as possible and you can choose the option that suits you best: *we will refund your money the next working day; *we replace the Product with Product(s) of the same value; *if possible, we order the Product from the central warehouse, but in this case the delivery time will be extended; 4.2. MXsport OÜ does everything possible to ensure that the Product photos correspond to reality, but they may sometimes differ from the actual appearance of the Products; 4.3. MXsport OÜ does everything possible to ensure that the Product descriptions are exhaustive, but this may not always be the case. MXsport OÜ updates and supplements the Product information regularly to ensure the relevance of the descriptions. Creating an account 5.1. Creating and registering an MXsport OÜ account is not mandatory for purchase, but it provides several additional options: tracking order history, participating in campaigns, receiving news offers, etc. 5.2. One natural person can have only one MXsport OÜ e-store account. Buying 6.1. Find the right product for you in the www.MXsport.ee e-store. For example, cross country pants 6.2. Choose the color and size of the pants and press the "+" button; 6.3. Next, you have to press the "Shopping cart" button, which opens the "Shopping cart" view. If the motocross pants added to the shopping cart are the only ones you want to purchase, press the button "Form order" (if you want to look around www.MXsport.ee and order a new shirt in addition to the existing pants, for example, you can go back to select Products again and proceed in the same way as before in the case of adding pants. 6.4. By clicking "Form an order", the order confirmation page will be opened. It is possible to order in the www.mxsport.ee e-shop both as a guest and as a registered user. Please fill in the required fields; * Choose between the delivery options - Itella SmartPOST parcel machine, Omniva parcel machine or I will pick up the goods myself. When confirming the purchase, we will first send you an invoice to the attached e-mail address, which you can pay in a bank of your choice. If the money has been received in MXsport OÜ's account, you can receive the goods in the way you choose. In order to send the parcel machine, we must have your phone number. Delivery 7.1. When buying from the www.MXsport.ee e-store, you can choose between two different ways of delivering the Product: 7.2. Itella SmartPOST or Omniva parcel machine (2.99 EUR. FREE for purchases from 50 EUR). The ordered Products will arrive at the parcel machine of your choice within 7 working days from the receipt of the invoice amount to the account of MXsport OÜ. * To order the product at the parcel machine, select the appropriate city and parcel machine. When the ordered goods have arrived at the parcel machine, you will receive a notification via SMS containing the security code needed to open the parcel machine. * If the order is placed on a weekend (i.e. between Friday after 5:00 p.m. and Monday until 11:00 a.m.) or on a national holiday, the deadline starts at 11:00 a.m. on the first working day following the weekend or national holiday; * The product is stored in the parcel machine for 7 calendar days. If you do not pick up the Product within this time, the Product will be returned to MXsport OÜ. 7.3. I will pick up the goods myself. The goods can be picked up at MXsport OÜ store MOTOX at Härgmäe, Tallinn. The store is open from Monday to Friday from 11 am to 5 pm. It is also possible to pick up the goods at other times by prior arrangement on tel. 5097783 Return and exchange 8.2. It has been returned on time if the application for return or exchange has been sent to MXsport OÜ's e-mail and the Product has been posted with the request via parcel machine to MXsport OÜ's address within the time limit specified in clause 8.8. We will reimburse you for returned Products within 5 working days from the timely return of the Products to MXsport OÜ; 8.4. The 14-day right of return and exchange does not extend to the goods when you pick them up at the store. 8.5. Product return and exchange procedure: * Compile a free form Product return or exchange request to be sent with the Product to be returned or exchanged. Inform about the return or exchange by e-mail at info@mxsport.ee or by phone. +3725097783 * Mark the Laulasmaa Selver parcel machine as the destination of the product (Omniva, Smartpost, DPD), MXsport OÜ, Phone (+372) 5587413). 8.6. Condition of the Product to be returned or exchanged * The Product to be returned or exchanged must not be damaged. a. If the returned Product (and the Product's packaging) has deteriorated and the deterioration is caused by circumstances that are not due to MXsport OÜ or as a result of non-intended use of the Product, MXsport OÜ has the right to offset the decrease in the value of the Product with the amount paid by you for the Product and due to be returned to you. For settlement, MXsport OÜ sends you an application; b. In the event that You do not agree with the decrease in value shown in the offsetting notice, You have the right to engage an independent expert to determine the decrease in value of the Product. The costs related to the expertise will be divided in half between you and MXsport OÜ, except in the case where the position of one of the parties turns out to be unfounded. In such a case, the costs related to the expertise shall be borne by the party whose position was apparently unfounded. * Product subject to return or exchange must not have signs of use. a. If it turns out that the Product has been used, MXsport OÜ is guided by the principle of reasonable use - if the product had to be tried on to make sure it was not suitable, the product is considered unused. MXsport Oil has the right to offset the decrease in the value of the Product due to use with the amount paid by You for the Product and due to be returned to You. * The Product to be returned or exchanged must be in its original packaging and with price tags. a. Always open the original packaging carefully to avoid damage. If it is not possible to open the package without damaging it, the returned goods do not have to be in the original packaging; 8.6. Special features of exchange * In case of exchange, we will send you a new desired Product as soon as we have received the Product to be exchanged. The new product will reach you as quickly as in the case of a regular purchase; * MXsport OÜ cannot always guarantee the possibility of exchanging Products, because stocks are variable and the replacement product may simply be missing. In the case of discount campaigns, we offer the possibility of replacement only if the purchased product is defective or damaged during transport. If you cannot find a replacement product, we will return the purchase amount to you. Warranty and return of non-compliant product 9.1. MXsport OÜ is responsible for the non-compliance of the Products and the defects that the Product had at the time of its handover and which appear within 2 years from the handing over of the Products to You; 9.2. If the Products do not meet the requirements or are defective, you have the right to demand that the Products be replaced with Products that meet the requirements and are free of defects, or withdraw from the order and return the non-compliant Products at the expense of MXsport OÜ; 9.3. The replacement or return of the product is carried out according to the procedure set forth in p. 8.11 of this agreement; 9.4. MXsport OÜ is not responsible for defects in the Products that have arisen: * for reasons arising from the customer; * Due to non-intended use of the product; * Due to not following the instructions in the product user manual or not performing maintenance; 9.5. In the event that MXsport OÜ's examination reveals that the defects of the Products are due to the reasons specified in p. 9.4 of these terms of sale, the cost of the Product and the transportation costs will not be refunded. The Customer can receive the Product from the address Härgmäe 21, Tallinn. 9.6. MXsport OÜ will pay the cost and transportation costs of the returned Product to your current account (the money will be returned to the same bank account from which the payment was made) within 7-14 working days from the day of receiving the goods back; 9.7. The complaint must be sent in writing or by e-mail to info@mxsport.ee immediately, but no later than within two months from the discovery of the defect in the goods. In the complaint, enter: * Your name and contact information * Date of filing the complaint * Deficiency of the product * Claim submitted to MXsport OÜ * Add the order number proving the purchase. 9.8. According to the Consumer Protection Act, MXsport OÜ is obliged to respond in writing within 15 days. Liability and force majeure 10.1. MXsport OÜ is responsible to you, and you are responsible to MXsport OÜ to the other party for the damage caused by violating the terms of this agreement in the cases and to the extent provided for in the legislation in force in the Republic of Estonia; 10.2. MXsport OÜ is not responsible for damages caused to you or for the delay in the delivery of the Product if the damage or the delay in the delivery of the Product is due to a circumstance that MXsport OÜ could not influence and the arrival of which MXsport OÜ did not and could not foresee (force majeure); 10.3. MXsport OÜ is not responsible in case of non-compliance with the conditions set forth in clauses 4.1 - 4.3 of this agreement; 10.4.MXsport OÜ is not responsible for loss or damage to the Product that has occurred after the Product has been handed over to the carrier; 10.5. MXsport OÜ is responsible for you to the extent of the sale price of the Product. MXsport OÜ does not take responsibility for damages caused by defective Products, such as damage to property or information, loss of turnover or profit. Privacy 11.1. By using the MXsport OÜ e-store, you give clear and informed consent to the processing of MXsport OÜ's own personal data under the conditions set forth in this agreement; 11.2. Personal data made known to MXsport OÜ is entered into the customer register and used to provide sales services and offer Products. 11.3. Your personal data, which are necessary to deliver the goods, will be transferred to the company providing the courier service only to the extent necessary; 11.4. The protection of personal data is ensured by all security measures arising from the law. MXsport OÜ undertakes not to transmit registered personal data to third parties or to use personal data contrary to the law or this agreement; 11.5. Personal data is processed by MXsport OÜ, Pärnu mnt 452, Tallinn 10914 Modification of Terms 12.1. MXsport OÜ has the right to change and supplement the terms and price list of this contract due to the development of the e-store and in the interests of better and safer use of the e-store. Changes and additions to the terms and conditions and the price list are announced via the website www.mxsport.ee; 12.2. Changes and additions to the terms and conditions and the price list take effect from the publication of the corresponding change or addition on the website www.mxsport.ee. If you submitted your order before the changes to the conditions entered into force, the legal relationship between MXsport OÜ and you will be subject to the conditions that were in force at the time you submitted the order, unless the law or the terms of this agreement provide otherwise; 12.3. MXsport OÜ reserves the right to cancel the sale if any of the following problems have occurred with the Product: there has been a human error when entering the price or a technical error in the system (for example, if an item of clothing costing EUR 200 is accidentally sold for EUR 2 and it is clearly an error. Consequently we assume that the customer should understand that it is a mistake and that the Product is not for sale at such a price). Other conditions 13.1. Under the terms of this agreement, the legislation in force in the Republic of Estonia is based on issues not resolved separately; 13.2. Disputes arising between you and MXsport OÜ in connection with the purchase of www.mxsport.ee products will be resolved through negotiations. If no agreement is reached, you have the right to appeal to the Consumer Protection Board or the Harju County Court for the protection of your rights. If you have any questions, please call 5097783 or send an e-mail to info@mxsport.ee MXsport OÜ, store MOTOX, Address: Härgmäe 21, Tallinn. Open Mon-Fri 10.00 - 17.00. Other times by agreement. Phone +3725587413, info@mxsport.ee
