The owner of the web store www.dustyautoparts.com (hereinafter referred to as the web store) is Atoy Automotive Estonia OÜ (registry code 10383083 ), located at Pärnu mnt 139E/13 , Tallinn 11317, Estonia.
1. Validity of contract of sale, product and price information.
1.1. The conditions of sale apply to purchases of goods from the web store.
1.2. The prices of the products sold in the web store are indicated next to the products. A fee for shipping is added to the cart.
1.3. The shipping cost depends on the location of the purchaser, the shipping method and product special weight. The shipping cost is displayed when the purchaser places the order.
1.4. The currency is EUR and all prices are with VAT.
4. Product information is provided immediately adjacent to the product in the web store. The photos displayed in the web store are illustrative, the goods may actually differ from the goods shown on the photo. The product description is of a general nature and may not contain all the features.
2.1. Add the desired products to your shopping basket to buy them. Fill in all the required fields and choose the most suitable shipping method to complete the order. The total cost is then displayed in checkout on the screen. Payment can be done via an online bank transfer or using another payment method.
2.2. In the web store, it is possible to pay via bank links, apps or by credit card (Maestro, Visa and Mastercard).
– Estonia: Swedbank, SEB, Luminor, LHV, Coop Pank, Citadele (payment initiation service), Pocopay
– Latvia: Swedbank, SEB, Citadele ja Luminor
– Lithuania: Swedbank, SEB, Luminor ja Siauliu Bankas (payment initiation service).
– Finland: Aktia, Ålandsbanken, Danske, Handelsbanken, Nordea, Oma Säästöpankki, OP, POP Pankki, S-Pankki, Säästopankki
– Other European countries it is possible to pay Maestro, Visa, Mastercard.
2.3. Payments to the web store are mediated by Maksekeskus AS. The payment recipient is Maksekeskus AS when making the payment. Maksekeskus AS is not a part to the sales contract between the buyer and Atoy Automotive Estonia OÜ.
2.4. The contract enters into force when the amount payable is transferred to the bank account of the web store.
2.5. If the ordered goods can’t be delivered due to stock running out or for any other reason, the purchaser will be informed as soon as possible, and the money paid (including the shipping cost) will be refunded promptly, but no later than within 14 days of receiving the notification.
2.6. The purchaser must make sure that the information provided in the order confirmation is correct and that the order confirmation with the terms of the web store is maintained until the deadline for submitting complaints (24 months).
2.7. If the purchaser has paid for the order and wants to change it, it can be done by cancelling the sales contract within 14 days and placing a new order.
3.1. The goods ordered from the web store can be obtained either from the selected parcel terminal or by the courier at the address provided by the purchaser (delivery method “Delivery address”).
3.2. All shipments are carried by contractual delivery partner DPD Eesti AS. Goods are shipped to all European countries.
3.3. The purchaser bears the shipping cost and the respective price information is displayed next to the shipping method.
3.4. All shipments within Estonia generally arrive at the destination specified by the purchaser within 3-7 business days of the date of entry into force of the contract of sale. All shipments outside of Estonia are guaranteed to arrive within 30 calendar days.
3.5. If the delivery of goods is not possible by the agreed time, Atoy has the right to extend the delivery time by informing the purchaser.
3.6. If the purchaser loses interest in the goods ordered because of the extended delivery time, the purchaser has the right to withdraw from the order by informing Atoy Automotive Estonia OÜ via email to firstname.lastname@example.org. In case the purchaser paid for the goods and transportation upon placing the order, the cost of the goods and the courier service will be returned to the buyer upon cancelling the order.
3.7. Upon receipt of the goods, the purchaser undertakes to immediately check the quantity and conformity of the goods to the order and sign the delivery note. If the purchaser, upon receiving the goods, notices that the goods do not correspond to the order, the data indicated on the delivery note or the products have significant injuries, the purchaser has the right to refuse to accept the goods and return the goods to the courier.
4. Right of withdrawal (applies only to the consumer or natural person)
4.1. After receiving the order, the purchaser has the right to withdraw from the contract entered into with the web store within 14 days.
4.2. The right of withdrawal does not apply if the purchaser is a legal person.
4.3. The 14-day right of withdrawal does not apply to, inter alia: goods made for personal use; for goods that are perishable or aging.
4.4. To exercise the 14-day right of withdrawal, the purchaser must not use the ordered goods in any way other than is necessary to ensure the nature, characteristics and functioning of the goods in the same way you would be allowed to test the goods in an actual store.
4.5. If the goods have been used for any purpose other than is necessary to ensure the nature, characteristics and functioning of the goods, or if there are any signs of use or wear and tear, the web store has the right to lower the amount returned in accordance with the decrease in the value of the goods.
4.6. To return the goods, the purchaser must submit a declaration of withdrawal to the e-mail address email@example.com within 14 days of receiving the goods.
4.7. The purchaser shall bear the cost of returning the goods, except in cases where the reason for the return lies in the fact that a refundable product does not comply with the order (e.g. a wrong or defective product).
4.8. The purchaser must return the goods within 14 days of the submission of the declaration of withdrawal or submit evidence that they handed over the goods to the carrier within the aforementioned period.
4.9. Upon receiving the returned goods, the web store shall return to the purchaser, immediately but no later than after 14 days, all of the payments received from the purchaser based on the contract.
4.10. The web store has the right to refuse to make the refund until the goods being returned are received or until the purchaser has provided proof of returning the products, whichever occurs first.
4.11. If the purchaser has clearly chosen a different form of shipment than the cheapest usual form of shipment offered by the web store, the store is not required to compensate the cost exceeding the usual shipping cost.
4.12. The web store has the right to withdraw from the sale and demand that the goods be returned by the purchaser, if the marked price of the goods in the web store is significantly lower than the market price of the goods due to an error.
5. Defective goods (applies only to the consumer or natural person, do not apply packaging)
5.1. Goods purchased from the web store are subject to a two-year right of filing a complaint. If the goods are defective, use of the goods must be stopped. Atoy is responsible for the non-conformity of goods and defects if the lack of conformity was present at the time of delivery to the purchaser. Within the first six months of delivery of the item to the purchaser it is assumed that the defect already existed at the time of delivery. It is the web store’s responsibility to prove otherwise.
5.2. Atoy Automotive Estonia shall not be liable for defects in the goods resulting from improper or unintentional installation, use and / or maintenance of the goods. Atoy shall not be liable for defects in goods resulting from normal wear and tear on the goods.
5.3. The purchaser has the right to turn to the web store within two months of the occurrence of a defect by e-mailing firstname.lastname@example.org .
5.4. The web store is not liable for any defects arising after delivering the goods to the purchaser.
5.5. If goods bought from the web store have defects for which the online store is responsible, the web store will repair or replace the defective goods. If goods cannot be repaired or replaced, the web store shall return to the purchaser all of the payments involved in the contract of sale.
5.6. The web store will respond to the consumer’s complaint in written form or in a form that enables written reproduction within 14 days.
6. Processing of personal data
6.1. The web store only uses the personal data entered by the purchaser (including name, phone number, address, e-mail and bank details) for processing the order and sending goods to the purchaser. The online store forwards personal data to the transport service provider in order to deliver the goods.
6.2. The web store sends newsletters and offers to the purchaser’s e-mail address only if the purchaser has expressed their wish to receive them by entering their e-mail address on the website and indicating their desire to receive direct mail.
6.3. The purchaser is able to opt out of offers and newsletters sent to their e-mail address at any time by letting the web store know via email or by following the instructions in an e-mail containing an offer.
7. Intellectual Property
7.1. Copyright, photos, texts, and other works of the web store are owned by Atoy Automotive Estonia OÜ or its affiliates.
7.2. No commercial use of photos, texts or other copyrighted works of the web store is permitted. Atoy’s name, logo and graphic images are registered trademarks and may only be used with the consent of Atoy Automotive Estonia OÜ.
7.3. The web store may contain links or links to third part websites. Atoy Automotive Estonia OÜ is not responsible for the information provided on such websites or the services provided through them.
8. Environmental protection
8.1. Wastes arising from the use of goods purchased from the web store are classified as hazardous waste, which require special disposal according to the procedure for classification of hazardous waste established by the Republic of Estonia on 01.05.2004 (RT I, 14.05.2013, 2). The list of such goods includes batteries, car tires, oils, fluids and vehicle maintenance agents. More information on hazardous waste is available on the website of the Environmental Inspectorate (www.kki.ee).
8.2. Private waste containers have been installed by local governments for the disposal of hazardous waste. More information on waste collection points can be found on the municipal website or via the local government telephone.
8.3. Legal entities have required hazardous waste to be delivered to special licensed disposal points. The list of hazardous waste disposal companies with a license can be found on the website of the Environmental Inspectorate (www.kki.ee).
9. Settlement of disputes
9.1. The dispute settlement is governed by the law of the Republic of Estonia. Atoy’s liability for damages is limited to an amount equal to the purchase price of the goods that caused the purchaser damage.
9.2. All complaints made by a purchaser about the web store must be e-mailed to email@example.com.
9.3. If the purchaser and the web store are not able to settle the dispute by agreement, the purchaser may contact the Consumer Dispute Committee (address Pronksi 12, 10117 Tallinn or e-mail aadressil firstname.lastname@example.org) or to court. More information on dispute resolution can be found at www.komisjon.ee. The Consumer Dispute Committee is competent to resolve disputes arising from a contract between a purchaser and the web store. Reslution of disputes by the Consumer Dispute Committee is free of charge for the purchaser.
9.4. In addition, the purchaser has the right to use the online dispute resolution platform (ODR) http://ec.europa.eu/odr to resolve a dispute concerning goods or services purchased from a web store. The Internet-based Dispute Resolution Platform is primarily intended to resolve cross-border disputes by enabling the purchaser to find a more suitable out-of-court entity to resolve a particular dispute in the Member State of the trader.