ELIKO – OÜ ELIKO Tehnoloogia Arenduskeskus, an Estonian company with the registry code of 11054022
Client – a legal or natural person who buys an ELIKO product
Product – the high-technology devices being the object of the contract along with software, and the documents drawn up about them
Devices – the hardware of an electronic device
Software – the software used for operating the Devices
EULA – the end user licence agreement
e-store – the online purchase environment on the eliko.ee website of ELIKO
2. General provisions
The Products of ELIKO are not considered to be consumer products or meant for use in households.
The right of ownership of the Devices (hardware) passes to the Client at the moment the Client buys the Product. The intellectual property rights to the Devices and the Software remain permanently with ELIKO and/or the holder of the intellectual property rights; the Software is used according to the terms and conditions of ELIKO set out in the EULA.
The Devices (hardware) of ELIKO are only meant for use with the Software of ELIKO or with the hardware and software of third parties approved by ELIKO.
3. Information and consultation
At the request of the Client, ELIKO gives information and consultations on its Products but does not guarantee that the Products always operate in the Client’s specific applications. The reliability of the Products depends, for example, on the environment and the functioning of the network connection.
The Client buys the Product as it is (‘as is’ principle) and ELIKO is only liable for the failure of the Product to function on the bases set out in these terms and conditions (particularly defects of the material). The Product is not meant to be used in life-critical functions or in emergency situations, e.g. medical devices, air traffic, etc.
No verbal or written information in the course of entry into and performance of the contract changes the aforementioned principle, except for a special contract entered into by the management board of ELIKO.
4. Prices and payments
ELIKO has the right to change the prices at any time, except if ELIKO has confirmed these for the Client in writing.
The Client pays for the Products a prepayment in full before the delivery of the Products.
The right of ownership of the Products transfers after the Products have been paid for in full.
5. Placing an order
The Client must send an order in writing by e-mail or via the e-store of ELIKO.
An order has been received when ELIKO sends a written confirmation along with the approved prices, quantities and delivery times. In the event of Products bought from the e-store, an order confirmation is sent to your e-mail, which indicates that the order has been received.
The Products can be paid for on the basis of a prepayment invoice submitted by ELIKO or via the e-store by using the VISA or Mastercard credit card payment or bank transfer. In the latter case, an invoice will be sent to your e-mail account later.
A contract between ELIKO and the Client starts from the moment when the amount of the prepayment has been credited to the bank account of ELIKO. ELIKO only guarantees the agreed terms and conditions (price, quantity, delivery time) if the prepayment is paid on time.
The prepayment terms and conditions can only be amended by a separate contract signed by the management board of ELIKO.
6. Right of withdrawal
The right of withdrawal does not apply if the Client is a legal person.
After receiving the order, the Client has the right to withdraw from the contract within 14 days.
To exercise the 14-day right of withdrawal, you may not use the ordered Product in any way other than that necessary to ensure the nature, characteristics and functioning of the Product in the same way you would be allowed to test the Product in an actual store.
If the Product has been used for any other purpose than that necessary to ensure the nature, characteristics and functioning of the Product, or if there are any signs of use or wear and tear, ELIKO has the right to lower the amount returned in accordance with the decrease in the value of the Product.
To return the Product, you must submit a declaration of withdrawal (the form for which can be found in the bottom of these terms and conditions) to the e-mail address firstname.lastname@example.org within 14 days of receiving the Product.
The Client bears the cost of returning the Product, 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).
The Client must return the Product within 14 days of the submission of the declaration of withdrawal or submit evidence that they handed over the Product to the carrier within the aforementioned period.
Upon receiving the returned Product, ELIKO returns to the Client, immediately but no later than in 14 days, all of the payments received from the Client based on the contract.
ELIKO has the right to refuse to make the refund until the Products being returned are received or until the Client has provided proof of return of the Products, whichever occurs first.
If the Client has clearly chosen a different form of shipment than the usual form of shipment offered by ELIKO, ELIKO is not required to compensate for the cost exceeding the usual shipping cost.
ELIKO has the right to withdraw from the sale and demand that the Product be returned by the Client if the marked price of the Product in the e-store is significantly lower than the market price of the Product due to an error.
7. Delivery terms
Delivery is made under the EXW term (INCOTERMS 2010), and all the delivery expenses and risks of the delivery period are borne by the Client, except if the Parties have agreed otherwise in a written contract.
The international method of transport of the Product offered by ELIKO is door-to-door courier service. In the event of delivery inside Estonia, it is also possible to agree on other methods of transport.
If ELIKO cannot deliver the Products to the Client or if any significant changes take place in delivery times, ELIKO will inform the Client thereof immediately and, upon request, return the paid amount no later than in 14 days of the communication of a corresponding notice to the Client.
When buying the Product outside of the European Union, the Client ensures that, upon import, they will adhere to the laws and customs rules of the country of destination.
8. Software licence
The Client obtains the right to use the Software according to the licensing terms and conditions of ELIKO and/or the holder(s) of intellectual property rights and is required to adhere to the EULA terms and conditions.
The intellectual property rights of Client-based developments are also held by ELIKO and the Client has the right to use such developments on the basis of a non-exclusive licence.
9. Preservation of labels
The Client may integrate the Product into other products and resell the Product but may not replace the label of the Product. The original sticker of ELIKO must always remain visible.
The Seller provides the Device with a 12-month warranty against the defects of the material as of the delivery of the Device on the condition that the Device has been used according to its normal use and the terms and conditions set out in the specification.
The warranty does not apply if the damage to the Device has been caused due to mechanical, electrical or other accidental activities or activities that can be foreseen, or damage caused by unsuitable use or due to wind, rain, fire or other natural forces. The Client may themselves not open the Devices, and the body of the Devices may not have any damage.
Before sending the Device back, the Client must describe the shortcoming to ELIKO and obtain from ELIKO written confirmation in respect of the RMA (Return Merchandise Authorisation) by e-mail, which sets out the quantity to be taken back, its acquisition value and the presumed reason. After the Device has been sent back, ELIKO will finally find out whether the Device is deemed to qualify under the warranty terms.
The e-store responds to the consumer’s complaint in written form or in a format that enables written reproduction within 15 days.
If the Product is deemed to qualify under the warranty terms, ELIKO will repair or replace the defective Product. If the Product cannot be repaired or replaced, ELIKO will return to the Client all of the payments involved in the contract of sale.
11. Liability and limitations of liability
Neither party is liable to the other for direct or indirect damage that arises from selling the Products unless otherwise regulated in this Chapter.
The Client represents and warrants that they are liable for the verification of the suitability of the Products in the Client’s system and for the activities and consequences arising from using the Product, incl. for the data protection requirements, preservation of data, etc.
The liability of ELIKO is limited to the replacement or repair, at the discretion of ELIKO, of the Product that qualifies under the warranty terms.
ELIKO is not liable for any damage to the Client or a third party caused in any manner by the use of the Products by the other party, incl. for the direct damage arising from the manner of use of the Product, its misuse, destruction of its data, damage to, change in or misrepresentation or loss of the Product.
ELIKO is not liable for the compensation for intentionally caused damage to the Client or a third party and neither does any damage arise from claims concerning the breach of intellectual property of the Software compensated for.
Neither party is liable for any claim arising from the contract if the party has not received a written notice of the claim within 6 (six) months of the date when the other party learned or should have learned of the circumstances serving as the basis for the claim.
The Client is liable for the compliance with the rules for using radio frequencies of the country of the place of use. ELIKO is only liable for the compliance with the certificates declared by it.
12. Direct marketing and processing of personal data
ELIKO only uses the personal data entered by the Client (including name, phone number, address, e-mail address and bank details) for processing the order and sending the Product to the Client. The e-store transmits personal data to the transport service provider in order to deliver the Product.
ELIKO sends newsletters and offers to the Client’s e-mail address only if the Client has expressed their wish to receive them by entering their e-mail address on the website or indicating in written form their acceptance to receiving direct mail.
The Client is able to opt out of offers and newsletters sent to their e-mail address at any time by letting us know via e-mail or by following the instructions in the e-mail footer containing the offer.
Each party is required to maintain the confidentiality of information that has been obtained from the other in any form and to which the party who disclosed the information has referred to as confidential or the confidentiality of which can reasonably be presumed and use it only for the performance of the contract (duty of confidentiality).
A party is required to maintain the confidentiality of the work methods used by the other party as well as the processes and systems, etc., used in work and developed by the party who uses them.
The duty of confidentiality does not cover the information:
- that is generally accessible or public;
- that the party who obtained the information had learnt without the duty of confidentiality before obtaining it from the other party and the party can provide proof of that;
- that the party has developed independently using the information obtained from the other party;
- the disclosure of which requires written consent of the other party;
- that is subject to disclosure in accordance with law.
All disclosures between the parties and concerning the contract must be agreed with the other party in writing in advance.
ELIKO has the right to disclose the names of its clients.
The rights and obligations provided for in this clause will be valid without a term after the end of the contract.
14. Amendment of General Terms and Conditions
ELIKO has the right to unilaterally amend the General Terms and Conditions by publishing new terms and conditions on its website or notifying the Client thereof in any other reasonable manner.
The general terms and conditions applicable to the Client are those effective at the moment of purchasing.
15. Force majeure
Neither party is liable for non-performance of their contractual obligations, incl. for delays and/or faults caused by circumstances that are beyond the control of the party, including, but not limited to, collective labour disputes (strikes and lock-outs), fire, war, uprising, internal disturbances, natural disasters, currency restrictions, impact of any computer viruses, expropriation by public authorities, import and export bans, interruptions of ordinary telecommunications and transportation or any Force majeure.
16. Governing law and legal disputes
Any disputes arising from or in connection with the contract are governed by the legislation of the Republic of Estonia and will be resolved in Harju County Court.
The declaration of withdrawal
/Name, surname and the address of the Customer/
I hereby declare that I withdraw from the contract for the sale of the following goods:
Order number: _______________________________
Therefore, please refund the amount of ________________ to the following bank account number: ____________________________________.