Terms And Conditions Palm & Co LLC
Dated July the 19.-th 2020
These terms and conditions represent a translation for informational purposes in English language. The Estonian original version shall apply as the legal base to all concerns affected by the content. Terminology and legal references shall be based exclusively on Estonian law in accordance with EU legislation.
1. Scope of terms and conditions
All offers, deliveries and services of the Palm & Co LLC – hereinafter referred to as SaabPartsStock – shall exclusively be governed by these terms and conditions, in the version valid at the time of the order.
Deviating agreements are only valid upon explicit written confirmation by SaabPartsStock but shall not apply to future agreements.
2. Definition of consumer and entrepreneur
A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
An entrepreneur means a natural or legal person or a partnership with legal entity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
3. Contract conclusion in e-commerce
The products offered in the SaabPartsStock webshop represent a non-binding invitation to the customer to place a purchase offer by ordering. Upon receipt of the order SaabPartsStock will confirm the order immediately with an order confirmation by email (acceptance of the offer).
The customer can collect products from the SaabPartsStock webshop in the shopping cart. The selection can be modified in the shopping cart until the order is finally placed. Only by clicking the button „BUY NOW“ the customer constitutes a binding offer for the conclusion of a contract. This is only possible, if these terms and conditions are accepted as an essential part of the contract by confirming the corresponding check box.
Thereupon the customer will receive the order confirmation including the acceptance of the purchase offer and the payment details according to the customer´s previous selection.
The products included in the order confirmation and the given quantities are part of the contract, provided that they are not marked „not longer supplied“.
4. Nature of the goods, prices, availability
Prices for the goods offered in the SaabPartsStock webshop are valid according to the corresponding customer category: for consumers including VAT, for entrepreneurs without VAT.
Product descriptions represent the nature of the products, technical details and dimensions are indicated to the best of knowledge within accepted tolerances. Pictures can be inaccurate in individual cases, the display of colors may show significant deviation due to technical reasons.
Errors, price changes and product amendments excepted. The above mentioned constraints do not constitute any product deficits.
The SaabPartsStock online store shows the availability at the time of the order with a color index as well as the available amount of items in the product description. Not longer available products are indicated as such. For products we need to procure after receiving your order, a longer delivery time should be expected.
If a product turns out to be not longer available, without the knowledge and against expectation of SaabPartsStock, the customer shall be entitled to withdraw the contract. Payments already made shall be refunded.
Where the contractual partner is entrepreneur, official statements, recommendations or advertising – besides our product description – of a third party shall not be a contractually constituted condition of the goods.
5. Withdrawal policy
Right of Withdrawal
Private customers (consumers) according to law shall have the right to withdraw the contract within seven days, without giving any reasons. The withdrawal period is seven days and begins when you or a third party, other than the carrier and indicated by the customer, has acquired physical possession of the last good.
To exercise your right to withdraw, you have to inform us:
Palm & Co LLC
10913 Tallinn, Estonia, EU
Tel.: 00372 5322 9999
by means of an unambiguous declaration (e. g. letter, e-mail), about your decision to withdraw the contract. You can use the attached withdrawal form but it is not mandatory.
To comply with the withdrawal period, it is sufficient to inform us about the withdrawal before the period expires.
Effects of withdrawal
In case of withdrawal we shall refund the received payments (except additional costs for delivery) within seven days after getting knowledge of your decision to withdraw the contract. The reimbursement will be made, if not otherwise agreed, using the same payment method you had chosen for your order. For the reimbursement we will not charge any fees.
We can refuse the repayment until we received the returned goods.
The customer shall, immediately or at least seven days after the notification of withdrawal, send or hand over the goods to Palm & Co LLC. To comply with this deadline it is sufficient to send the goods before this period expires.
The customer must bear the immediate costs of the return shipment for goods suitable for dispatch by parcel.
The customer must bear the immediate costs of the return shipment for bulk goods. For large items, the costs shall be expected around €200,00.
The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
Exceptions from the right of withdrawal
Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
6. Risk assumption
The entrepreneur, according to a law, shall bear the risk of accidental loss or of accidental deterioration as from the place of performance. This shall also apply if the goods are delivered to any other place than the place of performance.
The consumer, according to a law, shall bear the risk of accidental loss or of accidental deterioration as of the handover to him or a third party, other than the carrier and indicated by the customer. Handover is equal to default of acceptance.
7. Warranty, statutory liability
SaabPartsStock shall be liable in respect of consumers for material defects according to the statutory provisions.
Normal wear and tear as well as premature wear by not intended abuse, such as excessively increased load conditions, are no material defect in accordance of this warranty policy. Liability for material defects is subject to proper use in accordance with our vehicle approval.
Any guarantee shall only be binding if it is confirmed by SaabPartsStock in writing and shall only apply to the respectively underlying contract.
In respect of entrepreneurs SaabPartsStock shall be liable for material defects for one year from the date of purchase. In respect of entrepreneurs SaabPartsStock shall decide either to rectify or to replace the defective part.
For used items, SaabPartsStock shall be liable for material defects for one year from the date of purchase, in respect of consumers and entrepreneurs.
In respect of entrepreneurs SaabPartsStock shall be liable for the defective part but not for assembly costs or costs of third parties.
Assembly of automotive spare parts requires special knowledge and education. Possible written installation instructions are a service to the customer, but shall not be considered as part of the legal obligation of SaabPartsStock and do not claim to be exhaustive. Installation instruction can not substitute a qualified professional. Generally the technical specifications and service instructions provided by the vehicle manufacturer must be applied.
8. Shipping costs and delivery
Depending on the payment method, SaabPartsStock will handover the goods to the carrier when cashed (prepayment by bank transfer / paypal) or immediately (credit card / cod). Depending on the destination country, not all payment methods are available.
Shipping costs for Estonia and the EU are shown in the web shop during the order process and in the written order confirmation. This also applies for surcharges for special delivery conditions selected by the customer, such as express delivery.
Shipping costs to countries outside the EU will be counted after receiving your order. In this case the contract shall only come into effect upon the confirmation of the shipping costs by the customer.
9. Notification of defects
The entrepreneur is obliged to examine the goods immediately upon reception, transport damages shall be reported upon delivery with the carrier.
In case of complaints, the entrepreneur shall take all necessary actions to prove the matters of fact and to preserve his rights.
The entrepreneur shall notify SaabPartsStock immediately about any irregularities.
10. Limitation of liability
In case of minor negligence, the liability of SaabPartsStock shall be limited to the average foreseeable damage. The same shall apply in case of minor negligence of any employees or agents of SaabPartsStock.
In respect of entrepreneurs SaabPartsStock shall not be liable for minor negligence in case the negligence constitutes a breach of non-essential contractual obligations.
The limitation of liability is not applicable in cases of any liability for intentional acts or gross negligence by SaabPartsStock or its agents or if the damages are due to the lack of any material property, which has explicitly been guaranteed in writing, if the customer was to be protected against such damages by the guarantee.
The limitation of liability shall not apply in cases of minor negligence of SaabPartsStock or any of its agents for essential contractual obligations. The limitation of liability is not applicable for damages to the body, health or the loss of life of the customer.
Any obligations by SaabPartsStock under the product liability law shall remain unaffected.
11. Retention of title in respect of entrepreneurs
SaabPartsStock retains title in all goods delivered to the customer until full payment of all claims against the customer out of the business relationship.
The retention of title shall persist even if individual purchase prices have been paid by the customer as the retention of title shall secure all obligation of the customer out of the business relationship.
The customer may sell goods for which title is retained in due course of business. He is not entitled to any other actions in regard to the goods, such as transfer of title as a security or granting of a lien on the goods.
The customer hereby assigns all claims, including all subsidiary rights, against its customer from the sale of any goods for which title is retained up to the full amount of customer’s obligation out of the business relationship to SaabPartsStock.
In case of payment default any SEPA direct debit mandate expires. The customer is obliged – especially in case of revocation – to name the final customers and provide all information or documentation required or demanded by SaabPartsStock upon demand of SaabPartsStock.
In case of payment default of the customer or application for insolvency proceedings the customer shall no longer be entitled to the sale of goods for which title is retained. In this case he is obliged to store these goods separately and provide for appropriate marking. In such case, all payments on claims assigned to SaabPartsStock must be made to a separate account.
12. Retention of title in respect of consumers
SaabPartsStock retains title in all goods delivered to the customer until full payment of all claims against the customer out of the corresponding contract.
13. Prohibition of assignment
All rights and obligations may not be transferred to a third party by the customer without the written approval of SaabPartsStock. Should however the transfer of such rights be valid under a law (Commercial Code), the right of SaabPartsStock to set off claims against the assignee shall remain unaffected.
14. Place of performance, place of jurisdiction
Place of performance is Tallinn, Estonia, EU. Place of jurisdiction is Tallinn, Estonia, EU.
For all contracts between jurisdiction and the contractual partner Estonian law shall apply, under exclusion of UN sales conventions.
If any of these terms are or shall become invalid, it shall not affect the remaining parts of the terms, the contract or written individual agreements. Any invalid clause shall be replaced by the corresponding legal provision.
(In order to exercise your right of withdrawal, simply send the completed withdrawal form to us.)
— To: Palm & Co LLC, Pärnu mnt 526, 10915 Tallinn, Estonia, EU; E-Mail: firstname.lastname@example.org
— I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods:
— Ordered on: (date) / Received on: (date)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
Online dispute resolutions (ODR)
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/