1. Scope and validity

1.1. These Terms and Conditions represent an agreement between the buyer (hereinafter as the Client) and the holding company of the web portal www.fotosky.ee (hereinafter as the E-shop) – OÜ FotoSky (hereinafter as OÜ FotoSky) about legal relations arising from the purchase of products or services from the E-shop.

1.2. In addition to these Terms and Conditions, the legal relations arising from the purchase from the E-shop shall be governed by the existing legislation of the Republic of Estonia.

 

2. Products

2.1. The currency of prices given is Estonian Kroon (EEK) and all the prices include VAT of 20% applicable in the Republic of Estonia.

2.2. Prices and availability of products may change anytime without preliminary notice.

2.3. Pictures of products are illustrative and may differ from the actual purchased product.

2.4. Descriptions of products may be imperfect and may include minor mistakes.

 

3. Payment

3.1. Client will receive an e-mail with an advance payment invoice as a confirmation of order. Client is liable for verifying the data on the advance payment invoice prior to payment. Payment is due on the date indicated on the advance payment invoice. Order fulfilment starts from the moment when OÜ FotoSky has received the amount of money indicated on the advance payment invoice on its bank account. If the indicated amount of money has not been received before the payment deadline, then the order and advance payment invoice are cancelled.

3.2. Client has the right to prepay only half of the amount of the total amount of the purchase (Estonian Law of Obligations - VÕS §213, clause 4). Rest of the payment is due immediately after receiving the product. In case the Client wishes to prepay only half of the total payment, the product can only be received from the OÜ FotoSky office.

 

4. Delivery

4.1. Delivery of orders with value over 125 euros is free of charge. Delivery of orders with value less than 125 euros have an extra shipping and handling cost of 2.50 - 4.50 euros that shall be added on top of the price of the purchased products. In Tallinn all the orders, no matter the value, are delivered free of charge!

4.2. OÜ FotoSky uses three options for delivery depending on the order: ELS courier of Estonian Post, delivery by importer, or another delivery agreement with the Client.

4.3. Client is liable to verify contact information prior to purchase in order to avoid delays and misunderstandings. OÜ FotoSky is not liable for delays or misunderstandings if these have occurred because of imprecise or inaccurate data given by the Client.

4.4. OÜ FotoSky is not liable for the delays caused by the courier service provider.

 

5. Return of products

5.1. The Client is entitled to withdraw from the purchase of products from the E-shop within 14 calendar days from the date of receiving the product.

5.2. Products can be returned without any given reason during the 14-day return period.

5.2 Returned product has to be without any defects, include all the pieces of the kit, in its original package, and not used. Client is responsible for opening the original package carefully and without damaging it.

5.3 Software products with opened package can not be returned.

5.4 In order to return the product, the Client has to submit a return notice within 14 calendar days from receiving the product by sending an e-mail to info@fotosky.ee.

5.5 In case of withdrawal from the contract, the purchased products have to be returned as soon as possible and no later than within 30 calendar days from receiving the product.

5.6. In case of return, Client has to present the purchase invoice together with the letter of warranty provided by the manufacturer (if received with the purchase).

5.7. In case of return, the money paid by the Client will be fully returned to Client’s bank account no later than 30 days of returning the product.

5.8. Money will be returned to the same bank account from where it was received to OÜ FotoSky account.

5.9. Transportation costs of the returned product will be covered by the Client.

5.10. In case it appears that the returned product does not meet the conditions described in the points 5.1-5.6 in Terms and Conditions of the E-shop, then OÜ FotoSky will not return the money to the Client. Returned product will be stored in the OÜ FotoSky office or will be returned to the Client. Any costs concerning storing or returning the product to the Client will be covered by the Client.

 

6. Guarantee

6.1. OÜ FotoSky is an intermediate between the Client and the manufacturer’s guarantee, but does not perform any guarantee repair itself.

6.2. Guarantee maintenance is based on the electronic invoice issued by OÜ FotoSky and the product with an undamaged serial number. In case the serial number of the product is damaged or can not be read, the performer of the guarantee maintenance may refuse to perform the free-of-charge guarantee repair/maintenance.

6.3. Products purchased from the E-shop have a 2-year period of submission of complaints.

6.4. Guarantee period starts from the issue of the invoice.

6.5. Guarantee maintenance performed during the guarantee period does not affect the length of the guarantee period.

6.6. The length of the guarantee period or the duration of response or maintenance period are regulated by the importer and/or guarantee repair service provider. Guarantee is not valid without the letter of warranty issued together with the products at the time of purchase!

6.5. Guarantee repair will be performed at the manufacturer’s authorized representative office. Client has to take the product in the original package to the manufacturer’s authorized representative office and cover any costs related to the transportation to and from the representative office within Estonia.

6.7. In case there are no manufacturer’s authorized representative offices in Estonia, the guarantee repair will be performed through the manufacturer. Transportation costs to and from OÜ FotoSky for the guarantee repair will be covered by the Client. In case the defect is not under warranty, the costs of repair will be covered by the Client (Client has the right to refuse the service).

6.8. OÜ FotoSky is not liable for the loss of any data from the data carrier, or for direct or indirect damage caused by the data loss, during the guarantee repair or maintenance. To prevent this situation we suggest making backups with the information on the data carrier.

6.9. Warranty does not cover:

6.9.1 Depreciable parts (such as batteries, toner cartridges, print heads, software CDs etc), packaging, and documentation.

6.9.2. Exploitation disturbance and physical damage that have occurred as a result of intended or unintended physical damage, or by external items, liquids, bugs, superfluous dust etc inside the device.

6.9.3. Exploitation disturbance and physical damage that have occurred as a result of non-operational electrical systems, power cuts or voltage fluctuations.

6.9.4. Exploitation disturbance and physical damage that have occurred as a result of the use of unsuitable or non-original parts.

6.9.5. Exploitation disturbance and physical damage that have occurred as a result of incorrect use of the device by ignoring requirements in the user’s manual.

 

7. Liability and Force Majeure

7.1. OÜ FotoSky and the Client are accountable to each other for any damage caused to the other party by the violation of these Terms and Conditions in the cases and to the extent provided by the legislation of the Republic of Estonia.

7.2. OÜ FotoSky is not liable for any damage done or any delays in delivery if the damage or the delays are caused by circumstances that OÜ FotoSky could not control, and did not and could not foresee, prevent or affect (Force Majeure).

 

8. Other conditions

8.1. All the personal data gathered from the Client while visiting or purchasing products from the E-shop will be handled as confidential information. OÜ FotoSky will not publish or sell this data to any third parties.

8.2. Any disagreements between the Client and OÜ FotoSky arising from the orders and purchases from the E-shop shall be solved through negotiation. In case the parties can not come to an agreement, the Client has the right to protect their rights at the Consumer Protection Board (Tarbijakaitseamet). When solving disagreements, the parties proceed from the legislation of the Republic of Estonia.

 

When purchasing products from the E-shop of OÜ FotoSky, the Client assures that he/she is familiar with and agrees with these Terms and Conditions!