Public offer (offer) of the “https://kmcsport.com” online store on sale of goods and service provider
1. Terms and definitions.
1.1. In this offer, unless the context otherwise requires, terms below have following definitions and they are integral part of this offer:
§ Seller — KMC Sportswear Art OU. Kaarli pst.11 - 25. 10119 Tallinn. Estonia
§ Buyer — any natural person that accepted the public offer according to the terms of the present offer.
§ Online store — the official online store of the Seller.
«https://kmcsport.com» is located on the web site https://kmcsport.com. Under this agreement terms Online store and Store, and also web site https://kmcsport.com and any other derivatives from DO YOU PAINT are equal and interpreted authentically, according to the offer’s context.
§ Good — the object of the parties’ agreement, list of the range names, presented in the official online store.
§ Service — the object of the parties’ agreement, list of printing and image processing services, indicated at Buyer’s Profile.
§ (My) Profile — website’s section where Buyer can order necessary Goods and Services, make a payment and see the details of the provided to him Services.
§ Rules for sale — rules for goods sale in the online store. «https://kmcsport.com» published at “Delivery and payment” page with the following direct link https://kmcsport.com
2. General provisions
2.1. Present public Offer (hereafter called Agreement) is an official offer of the KMC Sportswear Art OU to any person or company having a full legal capacity and authority to conclude with KMC Sportswear Art OU a sale and purchase contract of the Good under the conditions defined by the present offer and contains all the essential terms of the agreement.
2.2. Consumers right protection relations are regulated by the Civil Code, “On the consumer rights protection” law and regulatory legal acts of European Community.
3. Subject of Agreement and the price of Good
3.1. The Seller sells and the Buyer receives and pays for goods according to the present Agreement conditions.
3.2. The Buyer obtains the right of ownership to the Ordered Good since the moment of actual Good delivery to the Buyer and after full price payment of the Good by the Buyer. The risk of the accidental loss or the injury of the Good passes to the Buyer from the moment of the actual Good delivery to the Buyer.
3.3. Prices of Goods and Services are incontestably and unilaterally determined by the Seller and are provided on the online store pages with following direction: https://kmcsport.com
3.4. Prices of Goods and Services are provided in Euro and include value added tax.
4. Agreement conclusion day.
4.1. Context of the private Agreement is a public offer.
4.2. The acceptance of this offer (agreement) is the ordering of Good by the Buyer according to the conditions of the present offer.
4.3. Ordering the Good by the Buyer is processing by performing actions specified at the “Delivery and payment” page, which direct link is following https://kmcsport.com/en/faq-2, or by ordering the Good by one of the Seller’s contact numbers, displayed in the web site.
4.4. Buyer’s processing of the Service order is performed by making selection from the offered Services at the Buyer’s Profile. Buyer, which ordered Service via Seller’s Online shop (processed the Service order), is considered as a person that entered into contractual relations with the Seller on the terms of this Agreement.
4.5. The Agreement, concluded according to the acceptance the present offer by the Buyer, is the agreement of adhesion, to which the Buyer joins without any exception and/or reservations.
4.6. The fact of making the order by the Buyer means that Buyer unconditionally accepts terms of present Agreement and buying and rules of sell and purchase of the Goods and Services from the Store (Online store). The Buyer, acquired the Good or Services from the Seller’s Online store (ordered the good), is considered as a person that entered into the relations with the Seller under the conditions of the present Agreement.
5. Rights and obligations of the Parties
5.1. Seller undertakes to:
5.1.1. Fully meet all obligations to the Buyer from the moment of conclusion of Agreement under the conditions of the present agreement and current legislation. Seller reserves the right to failure the obligations of Agreement if the force majeure circumstances, specified at p.6 of this Agreement, occur.
5.1.2. Process personal data of the Buyer and protect the confidentiality in a manner, prescribed by the acting legislation.
5.1.3. By accepting the present offer, Buyer agrees and permits the KMC Sportswear Art OU. Kaarli pst.11 - 25. 10119 Tallinn. Estonia (hereafter called Operator), to process his/her personal data.
5.2. Seller has the right to:
5.2.1. Unilaterally edit present Agreement, cost of Goods and Rates of the related services, methods and terms of payment and delivery, placing them on the pages of the Online shop with the following location: https://kmcsport.com. All changes become effective immediately after publishing and considered to be brought to the Buyer’s attention after this publication.
5.2.2. Transfer its Agreement execution rights and obligations to the third persons without the Buyer’s consent.
5.2.3. Before the delivery of the Good ordered or Services provided to the Buyer, Seller is entitled to require from the Customer 100% advance payment. The seller has the right not to deliver the good or provide services in the absence of such a payment.
5.3. Buyer undertakes to:
5.3.1. Prior to the conclusion of the Agreement, examine the content and conditions of the Agreement, prices of Goods and Services offered by the Seller in the Online store.
5.3.2. In pursuance of Seller’s obligations to the Buyer, the latter must provide all the necessary data which uniquely identifies him/her as a buyer and which is sufficient to process the prepaid delivery of the Good or provide Services to the Buyer.
5.3.3. Process the payment of the ordered Good and its delivery according to the conditions of the present Agreement.
6. Delivery
6.1. The delivery of the Good is being processed within the time limits, provided in the Seller’s web site at the “Delivery and payment” page.
6.2. Services to the Buyer are being provided at the moment these services were ordered. In case if there was no appeal or statement made by the Buyer about the lack of the providing Services within 24 hours from the moment these Services were ordered, such Services are being considered as faithfully provided by the Seller and received by the Buyer.
7. Offer revocation
7.1. The revocation of the Offer (Agreement) may be performed by the Seller at any moment, but it does not constitute a basis for refusing the obligations of Seller under already concluded agreements. The Seller undertakes to publish the notice about the offer’s recall in its Online store and showing the exact time (UTC+3 (Moscow)) of the offer’s revocation, at least 12 hours before the day of the relevant revocation (suspension) of the Offer’s occurrence.
8. Force majeure
8.1. In case of occurrence of force majeure circumstances, which the Parties of the present Agreement could have not foreseen or prevented by reasonable measures, the deadline for fulfilling the obligations under this Agreement shall be prolonged by a period of time corresponding to the duration of the aforesaid circumstances without compensation of any losses. Such extraordinary circumstances, particularly, are flood, fire, earthquake, explosion, land subsidence, other natural phenomenon, epidemic, and also war and military operations, terrorist acts; possible voltage fluctuations in the electric mains and other circumstances which led to the damage of technical equipment of any Agreement’s party.
8.2. Party, for which the situation was created, at which it became impossible to implement its obligations because of occurrence of the force majeure circumstances, is obliged to inform about the occurrence, alleged duration and termination of that circumstances immediately (but no less that within 5 (five) working days) inform the other Party by written notification.
8.3. In case of a dispute about the time of occurrence, duration and termination of force majeure circumstances, the conclusion of the authorized body at the location of the corresponding Party will be the proper and sufficient proof of the occurrence, duration and termination of the mentioned circumstances.
Failure to notify or untimely notification of the Party about the occurrence of force majeure circumstances precludes the Party of further rights to refer to it as grounds which exempt from the liability for nonperformance of the obligations.
8.4. If the force majeure circumstances and/or their implications continue to operate more than 30 (thirty) consecutive calendar days, the Agreement may be terminated by either Party by sending a written notice to the other Party.
9. Liability of the Parties
9.1. For failure to perform of improper performance of the terms of present Agreement, Parties shall be liable in accordance with the legislation of European Community.
9.2. All text information and graphics, published in the Online store, have a legitimate right holder, the unlawful use of the mentioned information and images is prosecuted in accordance with the acting legislation of European Community.
10. Guarantee
10.1. There are all necessary quality certificates and sanitary and epidemiologic conclusion for all the products, which are being sold in Online store https://https://kmcsport.com.
11. Refund
11.1. Refund of good quality Goods.
The Buyer has a right to refuse the received goods of good quality within 14 (fourteen) days starts from a date of receipt of the good, providing the safety of the Good, its saleability and consuming properties of the Good, and also of the document that confirms the fact and conditions of the purchase of mentioned good and other documents that the Buyer received with the Good.
The buyer must return the good to the Seller’s point of delivery of the goods by his/her own efforts and own expense.
11.2. Claims under the improper quality Good
Improper quality good is a good which is defective and cannot ensure the execution of its functional qualities. The received good must match the description of the web site. The distinction of design and decor elements unlike the description stated on the web site is not considered as a defect or dysfunction of the Good. The appearance and completeness of the good, and completeness of the order must be verified by the recipient at the time of delivery (except for mail delivery or third-party delivery service/courier service). Upon the delivery of goods, the Buyer put his/her signature on the Delivery Act in line: “the Good was delivered into a proper condition, in a complete kit, there are no visual mechanical damages and the Good is in the original packaging”. Claims to external visual defects of the good, its quantity, completeness and trade dress are not being accepted after receiving the order. If Buyer received the improper quality good, and it was not specified by the Seller before, Buyer is entitled to invoke the provisions of art.18 of the Consumer Rights Protection Law. The Buyer has a right to demand the replacement of the good, refuse the purchase-sell agreement, refund the improper quality good and demand to return the whole amount of money, paid for the good. The Seller obliged to accept the improper quality good from the Buyer and inspect the good’s quality (examination) within 20 days since the date of such request. Any of mentioned requirements must be submitted by the Buyer in writing form by the mail.
11.3. For refund money to the bank card the Customer needs to fill in the “Application on money refund”, which is being sent by the Company’s request to the e-mail address of the Customer, and send it with the copy of passport in attachments to the following direction: Kaarli pst.11 - 25. 10119 Tallinn. Estonia . The refund of money will be processed to the bank card of the Customer within 10 (ten) business days from the moment of receiving by Company the “Application on money refund” and receiving the refund Good by the Seller.
To refund money, credited to the Company’s account by the mistake, with use of payment systems, the Customer have to make a written application and attach the copy of the passport and checks/receipts which confirm the mistake. This application needs to be sent to the following direction: Kaarli pst.11 - 25. 10119 Tallinn. Estonia . The refund of money will be processed by Company within 10 (ten) working days from the moment of receiving the Application to the account of the Customer, specified in the application after receiving the written application and the attached copy of passport. In this case, the refund amount is equal to the price of the Order.
To refund money, paid to the courier upon receipt the Good by Customer, is necessary to fill in the “Application on money refund”, which is being sent by the Company’s request to the e-mail address of the Customer, and send it with the copy of passport in attachments to the following direction: Kaarli pst.11 - 25. 10119 Tallinn. Estonia . The refund of money will be processed to the bank account of the Customer within 10 (ten) business days from the moment of receiving by Company the “Application on money refund” and receiving the refund Good by the Seller.
The period of considering the Application and refunding money to the Customer is starting from the moment of receipt the Application by the Company and being calculated in working days, excluding holidays/weekends. If the Application was received at 6pm of the working day or on holidays/weekends, the next working day is being considered as the moment of receipt the Application by the Company.
The Buyer needs to provide the Goods refund requirement to the Seller either in writing to the following direction: Kaarli pst.11 - 25. 10119 Tallinn. Estonia , nor electronic to the following e-mail addressThis email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it. . The requirement must be made in a free form and obligatory indicate contacts of the Buyer, which match with the contacts when ordering the Good, the name of the refund Good and the reason of refund. The Buyer has the right to ask all the questions to the Seller by the following phone number: +372 5 828 8481.
When refund the improper quality good, the Seller has the right to replace to the Buyer the cost of the refunded good, the cost of the commission of the money transfer (or the courier’s attendance) and the cost of the delivery paid by the customer. When refund the improper quality good, the refund amount of money will be reduced by the amount of commission of the money transfer to the Buyer’s account, and also by the Good’s delivery cost from the Buyer back to Seller.
Money refund is made in full, with no commission, in case if payment was processed by the bank card.
Refund of the goods can be realized at the following direction:
Kaarli pst.11 - 25. 10119 Tallinn. Estonia
Monday-Friday from 10am to 6pm
12. Other terms
12.1. The Parties will try to solve all the disputes, considered to the non-performance or improper performance of their obligations under this contract, in the negotiations.
12.2. In case of not reaching the agreement during the negotiations, the disputes will be solved in a judicious way in accordance with the acting legislation of European Community.
13. Bank details of the Seller