Terms and conditions   

1. Validity of the terms of sale

1.1. The terms of sale are valid within the relations between a buyer (hereinafter referred to as the Buyer) and a seller Mobeston autovaruosad.ee OU (hereinafter referred to as the Seller) when buying products and services at the online store mobeston.ee/autovaruosad.ee /hereinafter referred to as the Online Store/. 

1.2. In addition to the present terms and conditions, legal relations occurring upon the purchase of products at the Online Store shall be regulated by the Law of Obligations Act, the Consumer Protection Act, and other legal acts that are valid in the Republic of Estonia.

1.3. When making a purchase /placing the order/, the Buyer confirms his or her consent to the present terms and conditions and agrees to abide to them. 

1.4. The Seller reserves the right to make changes in the terms of sale. Relevant changes shall be published on the webpage of the Online Store. 

2. Selecting products and placing orders at the online store

2.1. Buyers can place orders at the Online Store without registration. The Cart for purchases is generated after the Buyer clicks on the button "Add to Cart".

2.2. After confirming the order by clicking on the button "Place the Order", the Buyer is redirected to the page where he or she can select the delivery and payment method. After selecting suitable methods of delivery and payment, customer details should be entered, and, if he or she wants, the Buyer can also register as a loyal customer /it will enable him or her to save a history of purchases, accumulate and use bonuses, etc/.

2.3. After selecting delivery and payment methods and clicking on the "Pay" button, follow the instructions of the payment centre. Please make sure that you have entered the correct data, otherwise the order might not be delivered on time, or the delivery might fail.

2.4. After the Buyer has specified delivery and payment methods and paid for the order, he or she can see an invoice for services in the "History of Orders" section. A copy of the invoice will be sent to the e-mail address specified in the order by default.

2.5. The Purchase Agreement is regarded as having been concluded (it has come into effect) after the payment has arrived at the bank account of Mobeston autovaruosad.ee OÜ.

2.6. Please be very careful when filling in the fields with data. The Buyer shall be held liable for the correctness of filling in all of the sections in the order form. If there are errors, or if incomplete data has been filled in in the fields "Name", "Delivery Address", and "Contact Phone Number", the Seller shall be completely released from responsibility for the untimely delivery of the goods.

3. Payment

3.1. All of the prices listed in the online store are in EUR and include the valid value-added tax 20%.

3.2. The cost of transportation will be added to the cost of the products you have purchased, depending on the type of delivery you have selected /a parcel machine, a post office, a courier, or the Buyer can collect the products himself/herself – in this case, no cost of delivery is added/ .

3.3. After the Buyer has put the products in the Cart, the cost of delivery is added to the cost of the products in the Cart. The cost of delivery will also be shown in the invoice.

3.4. The cost of delivery is calculated by default, provided that one order is delivered at one and the same address. If the Buyer wants products to be delivered at different addresses, several different orders should be placed. 

3.5. Payment methods: 

- via online bank (bank links: Swedbank, SEB, Nordea Pank, Danske Bank, LHV Pank);

- payment by a credit card – click on the relevant button and follow the instructions that you see on the screen /you must click on the button "Return to Merchant" after making the payment/.

- payment with PayPal;.

3.6. After the payment has been made, the Online Store will send you the order confirmation and invoice.

3.7. All of the personal data obtained by the Seller while the Buyer is visiting the Online Store and making purchases in it is confidential. The encrypted data communication channel with each online bank guarantees the safety of personal data of the Buyer and his or her bank details. The representatives of the Seller have no access to such encrypted details of the Buyer.

4. Product delivery

4.1. After the contract comes into effect in accordance with clause 2.5, the goods that have arrived at the Seller's warehouse shall be delivered to the Buyer using the delivery method specified when placing the order.

4.2. If the goods are to be delivered immediately to the Buyer with the courier or to the parcel machine/post office, the Seller shall hand them over to its logistics partner for further delivery. In this case, the obligation to deliver the goods to the Buyer shall be regarded as having been met at the moment of handing the goods over to the carrier, who must deliver the goods from the point of destination to the customer (subsection 209 (4) of the Law of Obligations Act).

4.3. The terms of delivery listed on the webpage of the Online Store shall come into effect from the moment of the arrival of the order amount at the Seller's bank account. So that the delivery was timely, please be very careful and make sure you specify valid and effective data when filling in the information about delivery while placing the order. 

4.4. The Seller shall not be held liable for late delivery if the goods have been handed over to the logistics partner in due time, but the delay has been caused by the circumstances that the Seller could neither foresee nor have an effect on.

4.5. If a timely delivery is not possible through the reasons that are beyond the Seller's control, we will inform the Buyer about the delay by the contact phone number or e-mail specified in the order as well as about a new delivery date.

4.6. The customer has the right to withdraw from the contract if the Seller has changed the term of delivery more than once or by more than 7 working days.

4.7. The Seller is under no obligation to compensate to the customer or third parties for possible damage related to late product delivery.

4.8. The goods shall be handed over to the Buyer on the basis of accompanying documents. Before accepting the goods and confirming their receipt by signing accompanying documents, we recommend that the Buyer inspect the goods. If the goods have visible damage, we recommend that the Buyer does not accept the goods. By signing the accompanying document, the Buyer confirms that at the moment of the receipt of the goods, they were not damaged, or that he or she takes the risk related to possible damage of the goods. If the goods have been damaged, the Seller undertakes to exchange them in the shortest time possible (up to 7 working days after the receipt of the relevant notification).

5. Order cancellation and return of goods

5.1. The Buyer has the right, after making the payment, but before the order has been executed, to cancel the order by sending a written request to info@mobeston.ee. In the request, you must specify the invoice/order number, your contact details and banking details. The advance payment shall be refunded to the Buyer to his bank account within 14 calendar days after the request has been received.

5.2. If the order has already been accepted for execution, the Buyer has the right to familiarize himself/herself with the goods /or exchange them for other goods or a gift card/ within 14 days after the transaction was made /clause 2.5/, if the goods have been ordered from the warehouse in Estonia. If the goods have been ordered from the central European warehouse /and delivered to Estonia within 3-5 working days/, the Buyer has the right to return or exchange the acquired goods within 10 calendar days /exclusively of the terms of delivery of the goods to the Seller/.

5.3. The right for withdrawal from the Purchase Agreement does not cover the goods that have been ordered expressly from the factory /original OEM spare parts/, and the relevant payments made by the Buyer are not subject for refund.

5.4. In the event of withdrawal from the Purchase Agreement, the Buyer undertakes to return to the Seller /or to exchange/ the goods that have not been used /not identified/, as a complete package, in the original integral factory packaging, by filling in the goods return/exchange form. The packaging of a spare part is its integral part and guarantees the integrity and identification of a spare part. If it is not possible to retain the integrity of factory packaging while familiarizing with the product, it should be opened up with utmost care, trying to do minimum damage to the marketable condition of the product.

5.4.1. In the event of return or exchange of the product, it is forbidden to put adhesive tape /and other adhesive substances/ or stickers on it or write something on factory packaging. The box with the product and its content must be packed into cardboard or film packing.

5.5. If the Buyer wants to exchange the goods, the Seller shall incur the expenses related to the transmission of the goods to the Buyer. In this case, the Buyer must indicate visible differences between the products he or she has bought and the items installed on the car/their sizes, location and fastening type as well as the distance between them; if possible, drawings or photos should be added or sent to the e-mail address of info@mobeston.ee.

5.6. If the goods that are being returned /or exchanged/ have been damaged or have traces of the attempts to install them, and/or their original packaging has been spoiled or damaged, and such damage has been caused by the circumstances not related to the Seller, the Seller has the right not to accept the goods for return /exchange/, or to reduce the price of spoiled goods (§§ 127, 132, 135 of the Law of obligations Act).

5.7. The Seller shall incur the expenses related to the return of the goods if they were damaged during transportation, or if it has been impossible to detect faults or defects upon visual examination of the goods, or if the goods or their amount do not conform to the order.

5.8. The Seller shall not be held liable for the expenses incurred by the Buyer, related to the nonconformity of the ordered goods and the items installed on the car. Failure to get possible profit and other financial claims filed by the Buyer or third parties related to the Buyer shall not be compensated for either.

5.9. The cancellation of the order on the part of the Seller is possible in the following cases:

- the Buyer has not made an advance payment on the basis of the invoice within the time period indicated in the invoice; 

- the goods the Buyer has ordered are out of stock, and the Buyer declines replacement goods /similar in terms of quality or very close to the goods ordered initially in terms of dimensions/ offered by the Seller; 

- the term of delivery of the goods has been extended considerably through the reasons that are beyond the control of the Seller, and the Buyer does not agree to wait for the order for longer; 

- the cancellation of the order shall take place via phone negotiations and/or by means of correspondence with a compulsory written confirmation on the part of the Seller about the impossibility to perform the Agreement.

5.10. In the event of withdrawal from the Agreement on the part of the Seller, the advance payment shall be refunded to the Buyer's bank account within 7 working days after the arrival of relevant notification.

5.11. In the event of refusal to execute the order, the Seller shall not be held liable to the Buyer or third parties for possible damage /financial or physical damage, moral harm, failure to receive expected profit, compensation for incurred expenses related to the loss of the order/ caused by the refusal to execute the order.

5.12. The return of the goods takes place

- immediately to the store of Mobeston at Pae 21;

- by the courier to Mobeston at Pae 21.

6. Warranty, return of faulty goods, and claim submission procedure

6.1. The warranty for new spare parts for cars shall be valid for 6 months or 10,000 kilometers driven (the running time must be fixed in the service book or the invoice issued by a car repair shop that has installed a spare part).

6.2. The warranty for the products, for which the manufacturer has set a specific service life, shall be valid within the duration of such service life.

6.3. The countdown of the warranty period starts at the moment of transfer of the goods from the Seller to the Buyer. The warranty is valid for the first user of a product. In the event of replacement or possible repair of the product the warranty period shall not be extended.

6.4. If a fault or a defect has been detected in the product which renders the further use of the car impossible, the Buyer must stop using a vehicle in order not to do even more harm and notify the Seller about the problem in writing by e-mail info@mobeston.ee. In the notification, the Buyer must specify: 

- the name of a faulty product; 

- the date of its purchase; 

- the date when he or she has started using the product; 

- the duration of using the product in days and kilometers; 

- the name and number of the invoice issued by the service firm that has installed the product;

- the date when the defect was detected; 

- the information about the car, on which the product was used (make, model, year of manufacture, reg. number, VIN number); 

- give a precise description of the defect or provide a printout concerning damage identification made by an authorized service center.

6.5. The decision concerning the replacement of a faulty part shall be made by the Seller in the basis of consultations with the manufacturer of the spare part or his authorized representative within a reasonable time period.

6.6. The Seller has the right to disassemble a faulty part in order to specify the breakdown cause or order an independent examination.

6.7. If the defect in the spare part has been caused by the improper use of a vehicle, or the defect is the result of natural wear, the expenses on expert examination shall be paid for by the Buyer.

6.8. In the event of a manufacturing defect, the Buyer has the right to ask for the refund of the cost of the goods only if no replacement can be made within a reasonable time period, because there are no suitable goods available (Chapter 11, subsection 222 (1) of the Law of Obligations Act).

6.9. In the event of replacement of a spare part or the refund of its price, the incidental costs incurred by the Buyer shall not be compensated for.

6.10. The subjective opinion that has not been duly documented, or a complaint about the quality of a spare part, or the Buyer's unfulfilled inflated expectations cannot be regarded as a reason for the return of the goods.

6.11. The warranty does not cover: 

- the damage done to the goods through the fault or negligence of the Buyer;

- the damage done to the goods through the negligent use of a vehicle or in the result of an accident;

- the damage done to the goods in the result of its misuse; 

- natural wear of a spare part while it has been in use; 

- the damage done through the improper installation or adjustment without proper tools or equipment; 

- the damage done to the goods after a vehicle has participated in a race.

6.12. The provision of warranty for electrical parts shall only be considered on the basis of a diagnostic statement.

7. Principles of protection and processing of data

7.1. The Seller shall only use the personal data of the Buyer for the purposes of order execution. The Seller shall not disclose the personal data of the Buyer, forwarded to him by the Buyer while placing the order, to third parties, except for the cases established by law. The connection between the bank and the Buyer is protected by the SSL protocol /the encrypted bank data communication channel/, which guarantees that unauthorized persons cannot gain access or modify the transmitted data. The information between the bank and the Seller is protected by digital signatures.

7.2. After registering himself or herself as a loyal customer, the Buyer shall, by default, give permission to the Seller for sending to the Buyer the information about discounts, campaigns, and bonus offers by e-mail.

7.3. The Buyer has the right to refuse from receiving newsletters from the Seller and ask for the removal of his or her data from the customer base.

8. Liability and dispute resolution

8.1. In the event of violation of the clauses of general terms and conditions /of the Purchase Agreement/, the liability of the Seller to the Buyer or of the Buyer to the Seller shall be regulated in accordance with the legislation of the Republic of Estonia.

8.2. The parties shall be mutually released from liability for full of partial failure to meet the obligations undertaken in accordance with the general terms and conditions /of the Purchase Agreement/ if such failure has resulted from force majeure circumstances, namely: natural disasters, epidemic, explosions, fires, and other emergency circumstances, if such circumstances have had immediate effect on the fulfilment of obligations of any of the parties.

8.3. The Seller shall not in the slightest compensate for moral harm that, in the opinion of the Buyer, can stem from changes in the terms of delivery, prices, and other terms and conditions within the frames of general terms and conditions /of the Purchase Agreement/.

8.4. The Seller shall not compensate to the Buyer for possible expenses if the Buyer has undertaken obligations to third parties and violated them. 

8.5. The Seller shall not compensate to the Buyer for loss of opportunities or profit that stem from changes in the terms of delivery, prices, and also other terms and conditions related to changes in general terms and conditions /of the Purchase Agreement/.

8.6. The Buyer shall be held solely liable for all of the transactions made while using his or her user name and password on the webpage ovaruosad.ee / mobeston.ee, and the Seller shall not compensate for possible related damage.

8.7. The Seller shall not be held fully liable for exact compatibility of the ordered spare part and the Buyer's car. In some cases, such information can be unavailable to the Seller. The misunderstandings that arise from the Purchase Agreeent shall be resolved on the usual terms within a reasonable time period, in accordance with clause 4.4.

8.8. If the Buyer does not agree to the solution suggested by the Seller and believes that his or her rights have been infringed on, or his or her interests have been undermined, the Buyer can file a complaint to the Board of Consumer Complaints via the Department of Consumers Advocacy, or to court. A consumer can file a complaint on his or her own or via a representative. The contact details of the Board of Consumer Complaints are provided at the homepage of the Department of Consumers Advocacy. In order to resolve the issues arising in the member states of the European Union, please turn to the Consultation Centre for the consumers of the European Union.

9. Other terms and conditions

9.1. The terms and conditions of the return of casings/housings. As a rule, the cost of deposit is added to the price of such goods as EGR valves, calipers, starters, generators, HPS pumps, and steering racks, in accordance with the amount established by the factory. The deposit is paid back after the return of the old casing/housing and the confirmation provided by the expert that the casing/housing is in good repair. The money shall be refunded no later than within 30 days after the return of the old casing/housing to us. 

9.2. Calipers The casing/housing of the old caliper should be returned clean and in sales packaging. The casing/housing that is being returned must be suitable for repair and be fully assembled. The casing/housing must not have any signs of welding, wear, or mechanical damage. All edges and fastening parts must be integral and in good order. Technical specifications of the product that is being returned must be equivalent to the technical specifications of the product that has been bought.

9.3. EGR valves The old casing/housing should be returned clean and in sales packaging. The casing/housing that is being returned must be suitable for repair and be fully assembled. The casing/housing must not have any signs of welding, wear, or mechanical damage. All edges and fastening parts must be intact and in good order. Technical specifications of the product that is being returned must be equivalent to the technical specifications of the product that has been bought. 

9.4. Generators, starters, and climate control compressors The old casing/housing should be returned clean and in sales packaging. The casing/housing that is being returned must be suitable for repair and be fully assembled. The casing/housing must not have any signs of oxidation, welding, wear, or mechanical damage, i.e. all edges and fastening parts must be intact and in good order. The terminator of the rotary shaft of the starter must not have any signs of overheating (blue colour), and shaft sleeves must be intact and in good order. Technical specifications of the product that is being returned must be equivalent to the technical specifications of the product that has been bought. 

9.5. Steering racks and pumps. The old casing/housing should be returned clean and in sales packaging. The casing/housing that is being returned must be suitable for repair and be fully assembled. The casing/housing must not have any signs of oxidation, welding, wear, or mechanical damage, i.e. all edges and fastening parts must be intact and in good order. The toothed rack of the steering rack must not have any signs of damage or rust. Technical specifications of the product that is being returned must be equivalent to the technical specifications of the product that has been bought.