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Terms and Conditions

Terms and Conditions

Terms and Conditions

Last updated:20 October 2023

GENERAL

These Terms and Conditions („T&C“) apply to all purchases made in the web store on the website www.tabletennis11.com („Web Store“), regardless of the purchaser, the goods purchased, the quantity of goods, the price of goods, or any other circumstances. The T&C constitute an inseparable part of the purchase orders placed via the Web Store and of the sales contracts concluded on the basis of the acceptances given to these orders (“Contract”)

The administrator of the Web Store and the seller of all goods sold via the Web Store („Goods“) is:

Legal entity: OÜ Table Tennis Products („Seller“);

Registry code: 11518355;

Phone: +372 600 7909

E-mail address: [email protected]

Address: P. Kerese tn 40, 21003 Narva, Eesti Vabariik

Goods can be purchased via the Web Store by any natural persons with active legal capacity who are at least 18 years of age („Purchaser“). The Purchaser can also be a younger person than that of 18 years of age provided that:
1. they confirm the prior consent of their legal representative for the entry into the Contract; or
2. they confirm to perform the Contract by means provided to them for this purpose or for free use by their legal representative or by a third person on the consent of the legal representative.
In the T&C, the Purchaser and the Seller are hereinafter together also referred to as the ”Parties” and each separately as a “Party”.
If the Parties agree on any terms supplementing or replacing the T&C, and if such supplementary or replacing terms are in conflict with the T&C, the supplementary or replacing terms agreed between the Parties shall be applied first, and the T&C shall be applied thereafter. In the part where the supplementary or replacing terms agreed between the Parties (if any) and/or the T&C are in conflict with the applicable legislation, provisions arising from applicable legislation shall apply.
The Seller has the right to amend the T&C at any time, unilaterally and without any advance notification. Amendments to the T&C shall enter into force as of the moment when the new version of the T&C is made available to the public in the Web Store. Contracts that are being performed at the moment when an amendment to the T&C enters into force, shall be governed by the version of the T&C that was in force at the moment of entry into the Contract.

PRICES AND SPECIAL OFFERS OF GOODS
1. The prices given in the Web Store shall be displayed together with the value added tax applicable to the respective Goods to the (potential) Purchasers located in the Member States of the European Union or in the countries in the European Economic Area. The prices given in the Web Store shall not be displayed with the value added tax to the (potential) Purchasers located outside the Member States of the European Union or outside the countries in the European Economic Area.
2. The Seller has the right to change the prices of the Goods at any time, unilaterally and without any advance notification. If the price of any Goods changes at the time when the respective Goods are in the virtual shopping cart of the Purchaser, the price that is valid at the time of the finalisation of the Order shall apply to the Goods.
3. If the price of any Goods has been entered in the Web Store recognisably in error (e.g. 10 euros has been indicated as a price instead of 100 euros, while the usual market price of the respective Goods is 100 euros) and the Purchaser concludes a Contract to purchase Goods at the erroneous price, the Seller has the right to withdraw from the respective Contract, and not perform the Contract. The Purchaser has no right to claim compensation for damage or for the price difference or any other charge from the Seller in relation to the fact that the Purchaser concluded a Contract to purchase Goods at the recognisably erroneous price.
4. The Seller has the right to offer discounts in respect of the Goods or make other special offers (“Special Offer“). The Seller has the exclusive right to provide for the specified terms of a Special Offer. The Seller has the right to amend the terms of a Special Offer or terminate a Special Offer at any time, unilaterally and without any advance notification. The respective right of the Seller is not affected by any terms of the Special Offer previously made available to the public. If the terms of a Special Offer change or terminate at a time when the respective Goods are in the virtual shopping cart of the Purchaser, the price of the Goods and other terms that are valid at the time of the finalisation of the Order shall apply to the Goods.
5. The Purchaser has no right to claim compensation for damage or for the price difference or any other charge from the Seller in relation to the fact that the Purchaser relied, upon entry into the Contract, on any information concerning the Goods (including the price or the terms of a Special Offer) that was not valid anymore at the moment of finalisation of the order.
PLACEMENT OF ORDER
1. The Purchaser may place an order for purchasing the Goods (“Order”) after the Purchaser has logged in by a user account of the Web Store, or without creating a user account and/or without logging in by a user account.
2. In order to create a user account of the Web Store, a person has to click the link “Log in / Register“ at the top of the Website and fill in the fields shown in the registration form, then click “Submit” and follow further instructions, if any, given on the Website or via e-mail. The Seller shall process the personal information and contact details submitted to it (primarily the given name and surname and the e-mail address) in line with applicable legislation and the Web Store’s Privacy Policy.
3. To purchase the Goods, the Purchaser adds the desired Goods into the virtual shopping cart. To this end the Purchaser has to select the desired quantity of the Goods on the page of the respective Goods, and click the link “Add to cart“. Where appropriate, the size, colour or other characteristics of the Goods also have to be selected before clicking the link “Add to cart”.
4. To finalise the Order, the Purchaser shall click the icon “Shopping Cart” at the top of the Web Store, which indicates the quantity of the Goods in the virtual shopping cart of the Purchaser and the total value. When clicking the icon “Shopping Cart”, the entire contents of the Purchaser’s virtual shopping cart and specified data on the Order is displayed. The Purchaser shall check the contents of the Shopping Cart to make sure that he or she wishes to purchase the displayed Goods at the given price and on the given terms. After having checked these data, the Purchaser has to confirm his or her purchase by clicking the link “Proceed to Checkout“.
5. After having clicked the link “Proceed to Checkout”, the finalised Order is displayed to the Purchaser. While finalising the Order, the Purchaser may log in by his or her user account of the Web Store or if the Purchaser does not wish to log in or has not created a user account of the Web Store, proceed with the finalisation of the Order without logging in by a user account of the Web Store. Irrespective of whether logging in by a user account of the Web Store or not, the Purchaser has to fill in all the fields that are shown as mandatory on the Order form with relevant and correct information. Among other things, the Purchaser has to choose the means of payment that he or she wishes to use to pay for the Goods, and submit the required information concerning the means of payment. If the Purchaser chooses “Bank Transfer” as the means of payment, the Seller shall send an electronic invoice to the e-mail address of the Purchaser after the finalisation of the Order. Where relevant, the Purchaser also has to choose between different means of delivery of the Goods. To finalise the Order, the Purchaser has to click the link “Place Order Now”. The prerequisite for the finalisation of the Order and concluding a Contract is the agreement by the Purchaser with all provisions set out in the T&C and with application of the T&C to the Contract, as well as the Purchaser’s confirmation that he or she meets the requirements described in Clause Goods can be purchased via the Web Store by any natural persons with active legal capacity who are at least 18 years of age („Purchaser“). The Purchaser can also be a younger person than that of 18 years of age provided that:. of the T&C.
6. To finalise the Order, the Purchaser shall pay for the Goods following the instructions of the Seller or a third party service provider (credit institution, PayPal), or pay the electronic invoice sent to the Purchaser by the Seller.
7. The Contract is deemed to be concluded as of the moment when the entire amount payable for the ordered Goods is received in the bank account of the Seller.
DELIVERY OF GOODS
1. The Goods are delivered to the Purchaser in the manner chosen by the Purchaser in the course of the Order process (the “Postal Service”). The Seller is not obliged to deliver Goods to the Purchaser in any manner that the Purchaser did not choose during the Order process.
2. The Purchaser shall cover the costs related to the use of the Postal Service. The costs of the Postal Service shall be added to the total price of the ordered Goods. The total price of the Goods does not include any customs duties or other charges (excise duties, taxes, etc) which may arise due to shipping of the Goods to outside the European Union/European Economic Area or receipt of the Goods outside the European Union/European Economic Area. In order to determine potential customs duties and other charges, the Purchaser will have to find out beforehand (if necessary, with the assistance of a relevant customs authority), whether and in which amount charges will be imposed in relation to the shipping and/or receipt of the Goods. All such costs shall be paid by the Purchaser and the Seller will not be responsible for covering any customs duties or other charges related to the shipping and/or receipt of the Goods.
3. In case the Goods due to their size cannot be delivered to the Purchaser by using the ordinary postal service for small parcels, the costs of the Postal Service depend on the specific circumstances, including the size of the Goods, destination, specifics of packaging, etc. The Purchaser has to contact the Seller in order to determine the costs of the Postal Service related to such Goods, and thereafter the Seller shall inform the Purchaser about the costs of the Postal Service.
4. In every given case, the price of the Postal Service depends on the amount and composition of the Goods ordered and the country of destination of the Goods. The Purchaser shall be released from covering the costs of using the Postal Service if the total price of the Goods ordered by him or her exceeds 80 euros, except in cases stipulated in Clause Error: Reference source not found of the T&C.
5. The Seller shall deliver the ordered Goods to the provider of the Postal Service as soon as possible after receipt of the total value of the Order to the bank account of the Seller. The exact time of delivery of the Goods depends on the provider of the Postal Service chosen by the Purchaser, and the Seller shall not bear any liability in this regard.
6. The Seller shall not be liable for a delay in delivery of the Goods or for loss of the Goods if the Purchaser, while placing the Order, has submitted incorrect information regarding the Purchaser’s postal address.
RETURN OF GOODS
1. The Purchaser will be entitled to withdraw from the Contract, without giving any reason, in full or in part, and to return the Goods or a part thereof to the Seller within 14 days after the receipt of the Goods. Said right of withdrawal expires after the passing of the aforesaid term.
2. In order to withdraw from the Contract, the Purchaser shall submit an application for withdrawal to the Seller in a format which can be reproduced in writing, indicating in such application, inter alia, his or her name, the number of the Order and the Goods to be returned.
3. When withdrawing from the Contract, the Purchaser shall return the Goods, in respect of which he or she withdraws from the Contract, to the Seller within 14 days after submission of the application for withdrawal to the Seller. The Seller shall return the amount paid for the Goods to the bank account of the Purchaser, from which the respective amount was paid on the basis of the Order, within 14 days after receipt of the Goods returned by the Purchaser. No interest shall be calculated or paid on the money returned to the Purchaser.
4. The Purchaser shall cover the costs related to withdrawal from the Contract, including the costs related to returning the Goods to the Seller.
5. The Goods returned shall be unused, undamaged and in their original packaging. If the Goods returned do not meet the aforesaid requirements, the Purchaser shall be liable for the diminished value of the goods.
6. The Purchaser is not entitled to withdraw from a Contract entered into for the purchase of such Goods that were produced specially for the Purchaser or which due to their nature cannot reasonably be used by another person or resold by the Seller after removal of the packaging or after use.
NON-CONFORMITY OF GOODS, LIABILITY OF SELLER
1. The Seller is liable for non-performance of obligations deriving from the Contract only in case the Seller is culpable for the violation. The Seller shall not be liable for non-culpable non-performance of obligations deriving from the Contract or in case the non-performance is excused.
2. The Seller is liable for non-conformity of the Goods to the terms of the Contract if the non-conformity existed at the time when the Goods were delivered to the Purchaser. The Seller shall not be liable for non-conformity of the Goods to the terms of the Contract that appears after the passing of two years from the delivery of the Goods to the Purchaser.
3. The Seller shall not be liable for any defects of the Goods that have been caused by incorrect or negligent use or incorrect or insufficient maintenance or storage of the Goods after the delivery of the Goods to the Purchaser.
4. The Purchaser shall inform the Seller about non-conformity of the Goods to the terms of the Contract not later than within two months from the moment when the Purchaser becomes aware of the nonconformity. In case of exceeding this time limit, the Purchaser shall lose the right to submit any claims to the Seller relying on the non-conformity of the Goods to the terms of the Contract.
5. The photos published in the Web Store next to the Goods and about the Goods have an illustrative purpose and may not depict the respective Goods exactly in compliance with the reality. The Seller shall not be liable for the compliance of the Goods with the photos published in the Web Store, or for the damage that the Purchaser may suffer for the reason that the Purchaser relies on the photo(s) published in the Web Store when placing an Order.
6. The Seller shall not be liable for the correctness of any information relating to the Web Store, including prices of Goods or terms of promotional campaigns, published on the websites administered by third persons or in electronic or printed media published by third persons.
INTELLECTUAL PROPERTY
1. The content of the Web Store, in particular the texts, visuals, photos and logos displayed in the Web Store are protected by copyright. The economic rights of the author related to the content of the Web Store are held by the Seller. As to the moral rights of the author related to the content of the Web Store, the Seller is the licensee to the largest extent permitted by law. The Web Store may display registered or well-known trademarks, the exclusive rights deriving from which are held by the Seller or third persons that have provided a respective permission to the Seller.
2. Creation of a user account of the Web Store, entry into the Contract, purchase and use of the Goods, visiting the Web Store or any other acts or omissions do not entitle the Purchaser or any other person to use the intellectual property rights of the Seller or cause the transfer of the intellectual property rights of the Seller to the Purchaser or to any other person.
GOVERNING LAW AND DISPUTE RESOLUTION
1. The Contract, including the T&C, is governed by the law of the Republic of Estonia. Application of any and all international conventions and model laws or contracts, including the United Nations Convention on Contracts for the International Sale of Goods of 1980 is expressly excluded.
2. All disputes deriving from the Contract, including the T&C, shall be settled by negotiations on the mutual agreement between the Parties. Should the Parties not reach an agreement by negotiations, the dispute shall be settled in Harju County Court in the Republic of Estonia (“Jurisdiction Clause“). The Jurisdiction Clause shall apply to the Purchaser who is a consumer only in case if the Purchaser who is a consumer moves to live abroad after the entry into the Contract or if the place of residence of the Purchaser who is a consumer is not known at the time of filing an action.
3. In addition to the provisions of Clause All disputes deriving from the Contract, including the T&C, shall be settled by negotiations on the mutual agreement between the Parties. Should the Parties not reach an agreement by negotiations, the dispute shall be settled in Harju County Court in the Republic of Estonia (“Jurisdiction Clause“). The Jurisdiction Clause shall apply to the Purchaser who is a consumer only in case if the Purchaser who is a consumer moves to live abroad after the entry into the Contract or if the place of residence of the Purchaser who is a consumer is not known at the time of filing an action.. of the T&C, a Purchaser who is a consumer will be entitled to use the online dispute resolution platform of the European Union, available at the website: http://ec.europa.eu/odr. Furthermore, a Purchaser who is a consumer will be entitled to address the Consumer Disputes Committee of the Consumer Protection and Technical Regulatory Authority of the Republic of Estonia for resolution of disputes deriving from the Contract, including the T&C. The contact details for the Consumer Disputes Committee are the following:

Dispute resolution body: Consumer Disputes Committee

Address: Pronksi 12, 10117 Tallinn;

E-mail address: [email protected];

Phone: +372 6201 920;

Website: https://ttja.ee/en/consumer-disputes-committee

The rules of procedure of the Consumer Disputes Committee are provided in the Consumer Protection Act of the Republic of Estonia here. The English version of the Consumer Protection Act is available here.

MISCELLANEOUS
1. By placing an Order and concluding a Contract, the Purchaser confirms that to the best of his or her understanding, all provisions of the T&C are legally and economically reasonable and that to the best of his or her understanding, the T&C do not cause unfair harm to him or her, and that in the opinion of the Purchaser his or her rights and obligations and the Seller’s rights and obligations in the T&C are in reasonable balance.
2. If one or several provisions of the T&C appears to be void, invalid or inapplicable, it shall not render the remaining provisions of the T&C void, invalid or inapplicable. If the provisions of the T&C that appeared to be void, invalid or inapplicable were relevant upon performance of the Contract and directly affected the performance of the Contract, the Parties shall agree separately on new supplementary terms that will be valid or applicable and the economic effect of which is the closest to the original provisions of the T&C that appeared to be void, invalid or inapplicable.
3. Should the Purchaser, while entering into or performing the Contract, obtain information that can be regarded as the confidential information of the Seller (“Confidential Information”), the Purchaser shall keep the Confidential Information confidential for an unspecified term, including avoid disclosing the Confidential Information to third persons or using the Confidential Information in his or her interests or in the interests of any third parties, regardless the exact content of the Confidential Information, the source from which or medium by which it reached the Purchaser or the value of the Confidential Information for the Seller. The Confidential Information is deemed to include any information on the business and economic activities of the Seller that has not already been made known to the public by lawful means, and regarding which the Seller has a recognisable business interest to keep it in secret, and the contents of which, in part or in entirety, is not publicly known or cannot be easily deduced from other public information. In the event of unlawful disclosure or use of the Confidential Information, the Purchaser shall compensate the Seller for the whole monetary and non-monetary damage caused by such act.

Terms and Conditions

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