Fundex 5 - Scanmarine

ScanMarine Container Store Terms of Use

Effective from 2020-03-04

Precontractual information

ScanMarine Estonia OÜ (“Seller”) sells in its Container Store new and used sea containers under the terms and conditions laid down in these Terms of Use.
Concluding and performing a contract

1. A sales contract is concluded by the Customer placing an order (making an offer to buy) and the Seller issuing an order confirmation (accepting the offer made by the Customer).
2. The User prepares an order, placing goods suitable for the Customer in the shopping cart in the Container Store, entering the Customer’s relevant information, and selecting the payment method suitable for the Customer. By preparing an order, the User confirms having reviewed the Terms of Use.
3. The Customer confirms the order by paying to the Seller the price of the goods ordered. By confirming the order, the Customer confirms having reviewed and agreeing to the order content and relevant Terms of Use.
4. The Seller verifies continued availability of the goods, approves changes to the order if required, and issues to the Customer an order confirmation and an invoice for the goods.
5. The Seller confirms the specified delivery date or delivery schedule with the Customer and hands the goods over to the Customer at the place of delivery indicated in the Container Store.
6. Transportation of the goods from the place of delivery to the final destination is arranged and related expenses are borne by the Customer.

The Customer who is a natural person who resides in Estonia or another European Union member state and makes the transaction outside of his/her professional or commercial activity (“Consumer”) has additional rights proceeding from the law, including the right to withdraw from the sales contract within 14 days in adherence to the procedure laid down in the Terms of Use.

Terms of use

Definitions
1. The Seller is ScanMarine Estonia OÜ (reg. No. 12387797, address Tööstuse 47d-15, 10416 Tallinn, Estonia; tel. +372 650 5330, e-mail scanmarine@scanmarine.ee).
2. Container Store is an e-store operated by the Seller at https://scanmarine.ee/pood/.
3. Terms of Use are these terms and conditions of use and sale applicable at ScanMarine Container Store.
4. The User is a natural person who reviews the goods offered at Container Store and prepares an order for and on behalf of the Customer.
5. The Customer is a natural person or body corporate defined in an order.
6. The Consumer is a Customer that is a natural person and purchases goods to be used for purposes unrelated to their professional or commercial activity and whose residence in Estonia or in another European Union member state.
Validity and application of the terms of use
1. The Terms of Use regulate legal relationships that are established (a) between the Seller and the User who visits or has visited the Container Store and (b) between the Seller and the Customer who orders, purchases and/or has purchased goods in the Container Store.
2. The User agrees to the Terms of Use by preparing an order in the Container Store.
3. The Customer agrees to the Terms of Use by confirming the order prepared by the User in the Container Store.
4. The User can save and/or print out the Terms of Use.
5. The Seller has the right to amend the Terms of Use at any time. New Terms of Use become applicable upon publication thereof in the Container Store. Each sales contract is subject to such Terms of Use which were applicable upon placing of the order underlying the sales contract, and which shall constitute an integral part of that agreement.
6. The Seller has published the Terms of Use in the Container Store in Estonian, English, and Russian. In the case of any discrepancies between the text of the Terms of Use published in above different languages, provisions of the Estonian text shall prevail.
Concluding a sales contract
1. A sales contract is concluded by the Customer placing an order (making an offer to buy) and the Seller issuing an order confirmation (consenting to the offer made by the Customer).
2. The Seller publishes in the Container Store the description of the goods along with relevant prices, delivery terms and conditions, places of delivery, and delivery dates, whereas:
  (a) if a delivery term or condition is not differently defined by an Incoterms 2020 delivery clause, provisions of clause 4.2 apply;
  (b) if the place of delivery is not defined, the place of delivery is deemed to be Seller’s warehouse located at Kroodi 3A, Maardu, Republic of Estonia;
  (c) if the delivery term is not defined, the delivery term is deemed to be within 30 days from the conclusion of the sales contract.
3. A User prepares an order, placing goods suitable for the Customer in the shopping cart in the Container Store, entering the Customer’s relevant information, and selecting the payment method suitable for the Customer. If the Customer wishes to order goods with different delivery terms and conditions, places of delivery, and/or delivery terms, the User prepares a separate order for each item subject to different delivery terms and conditions, places of delivery, and/or delivery terms.
4. The Customer places an order by paying in Euros the total price of the goods ordered from the Seller by bank card or by way of a bank link or by bank transfer based on a prepayment invoice received from the Seller. The order is deemed to be placed upon the Seller receiving from the provider the payment service (Maksekeskus AS) confirmation of the success of the relevant card payment or payment by way of a bank link or upon the amount paid by transfer being received on the Seller’s bank account.
5. Upon receipt of an order, the Seller verifies the continued availability of the goods ordered. Within three working days as from placing of an order:
  (a) the Seller accepts the order and issues to the Customer by e-mail an order confirmation along with the relevant invoice for the goods; or
  (b) the Seller proposes to the Customer to modify their order; if the Customer places an order which has been modified as proposed, the parties set-off the difference of the total cost of the order if required and the Seller accepts the modified order and issues to the Customer by e-mail an order confirmation along with the relevant invoice for the goods; or
  (c) the Seller rejects the order and returns to the Customer the amount paid for the goods, preferably using the payment method selected by the Customer.
6. A sales contract is deemed to be concluded upon the Seller issuing to the Customer the relevant order confirmation and invoice for the goods.
Performance of a sales contract
1. The Seller confirms the specified delivery date or delivery schedule with the Customer within the delivery term at first reasonable opportunity.
2. If the delivery terms and conditions of the goods are not otherwise determined in the sales contract, then:
  (a) the Customer arranges for the specified date of delivery or in adherence to the delivery schedule for arrival in the place of delivery of a means of transport suitable for transporting the ordered goods;
  (b) the Seller arranges for the specified date of delivery or in adherence to the delivery schedule loading of the ordered goods on the means of transport that arrived in the place of delivery as arranged by the Customer; and
  (c) the goods are deemed to be handed over to the Customer and the risk of accidental loss or destruction of the goods is deemed to be transferred to the Customer upon the goods having been loaded on the relevant means of transport.
3. If in the sales contract, the delivery terms and conditions of the goods are noted differently than in clause 4.2, provisions of the sales contract apply.
Conformity of the goods to the contract
1. If the goods do not conform to the contract, the Customer may rely on legal remedies provided by legislation.
2. The Seller is liable for nonconformity of the goods to the contract if such nonconformity exists at the time of transfer to the Customer of the risk of accidental loss or destruction of the goods.
3. The Customer examines the goods or has the goods examined immediately after handover of the goods to the Customer. If the Customer wishes for the Seller to hand over the goods to a third person carrier, the Customer notifies the Seller of the final destination of the goods and the expected time of arrival of the goods to such destination and examines the goods or has the goods inspected immediately after arrival of the goods at the destination.
4. If the goods are discovered to not conform to the contract, the Customer files a complaint to the Seller within three working days as from the day at which the Customer examined the goods or had the goods examined or was to examine the goods or was to have the goods examined. The Consumer has the right to file a complaint to the Seller within two years as from the moment of handover of the goods to the Customer, yet no later than within two weeks as from discovery of nonconformity of the goods to the contract.
5. The Customer files a complaint to the Seller in writing or by e-mail. In the complaint, the Customer must include at least their name and contact details, the date of filing the complaint, the date of receipt of the goods, a sufficiently detailed description of the defect of the goods, and the content of the claim submitted to the Seller. In their complaint, the Customer must refer to a document that proves the making of the relevant transaction or annex to the complaint a copy of said document.
6. The Seller is not liable for nonconformity of the goods to the contract if the Customer fails to file a complaint within the term laid down in clause 5.4 or if the Customers fails upon filing a complaint to adhere to requirements laid down in clause 5.5. The provisions of this clause shall not apply in case of the Seller’s intent or gross negligence.
7. The Seller reviews any complaints filed in adherence to provisions of clauses 5.4 and 5.5 and responds to such complaints in the same format within 15 days as from receipt of the complaint. If the Seller refuses to satisfy the Consumer’s claim in part or in full, the Seller provides in the response to the relevant complaint the reasons for such refusal.
8. If the Seller has refused to satisfy a Customer’s claim or if the Customer does not consent to the solution proposed by the Seller, the Customer may recourse to the courts to protect their rights. The Consumer has the right to also contact the Consumer Disputes Committee (https://komisjon.ee) or another body handling extrajudicial resolution of disputes.
Consumer’s right of withdrawal
1. The Consumer may withdraw from a distance sales contract without disclosing the reason therefor within 14 days as from handover of the goods. To withdraw from a sales contract, the Consumer files with the Seller within the withdrawal term an unambiguous application for withdrawal which must contain at least the names and addresses of the Consumer and the Seller, the date of conclusion of the sales contract, the definition of the goods handed over to the Consumer on the basis of the sales contract, the date of receipt of the goods, and the date of filing of the application for withdrawal.
2. Immediately, but no later than within 14 days as from filing of the application for withdrawal, the Consumer that withdrew from the sales contract returns or sends back at the Consumer’s own cost the purchased goods to the place of delivery laid down in the sales contract.
3. Immediately, but no later than within 14 days as from the day on which the returned goods arrive at the place of delivery or on which the Consumer files with the Seller evidence that the Consumer has sent the goods back to the place of delivery, the Seller returns to the Consumer the price paid for the returned goods.
4. The Seller does not compensate to the Consumer any expenses incurred by the Consumer to transport the goods from the place of delivery laid down in the sales contract to the final destination of the goods.
Liability
1. The Seller and the Customer are in the cases and in the extent provided for by law liable for direct damages caused to one another by violation of the sales contract. The parties are liable for loss of profit and for non-patrimonial damage only in the case of relevant intent or gross negligence.
2. If the Seller fails to perform in a timely manner their obligation to load the goods on specified delivery dates or in adherence to the delivery schedule onto the means of transport that arrived in the place of delivery as arranged by the Customer, the Seller is liable for reasonable damage incurred by the Customer as a result of the unladen journey of the means of transport or waiting for loading at the place of delivery. The Seller is exempt from liability if the Seller informs the Customer of the fact that delivery would be late early enough to prevent an unladen journey or extra waiting time.
3. Neither party to the sales contract is liable for violation of their obligations if such violation was caused by force majeure and if the relevant party informed the other party of emergence of force majeure at first reasonable opportunity.
General Provisions
1. Processing of personal data. The Seller processes personal data of the User and the Consumer only as much as is required to ensure the Container Store’s functionality, to conclude and perform sales contracts, and to perform the Seller’s obligations arising from relevant accounting rules and legislation. When using card payments and bank links, the Seller (controller) transmits to Maksekeskus AS (processor) such personal data that are necessary for carrying out the payment. The Seller’s privacy policy is available at https://scanmarine.ee.
2. Intellectual property. The Container Store, including its structure, design, contents, and functionality constitutes intellectual property of the Seller and/or its licensors, the partial or full reproduction of which or use in whichever manner other than for the purposes of reviewing goods and preparing sales contracts is permitted only as subject to prior approval by the Seller.
3. Electronic signatures and notices. The Seller and the Customer accept in their mutual communication electronic signatures and notices sent to the e-mail address specified in the relevant sales contract.
4. Merger clause. The Seller and the Customer have agreed that the sales contract prescribes all of the terms and conditions of the contract. Any prior declarations of intent or agreements by the parties which are not included in the contract are not deemed to be a part of the contract.
5. Severability. If any provision of the sales contract is held invalid or unenforceable, the sales contract is deemed to be concluded without including said provision, except in such cases in which at least one of the parties, acting reasonably and in good faith, would not have concluded the contract without said provision.
6. Applicable law and jurisdiction. The Terms of Use and the sales contracts are subject to the legislation of the Republic of Estonia. Disputes which the parties fail to resolve in negotiations held in good faith shall be resolved in Harju County Court.