I. Area of Application and Modifications
1. These General Terms and Conditions of Business shall apply to the business transactions between us and merchants, public law juristic persons or special funds under public law on an exclusive basis.
2. All our deliveries, services and offers shall be made exclusively based on these General Terms and Conditions of Business. They shall be an integral part of all future contracts, which we may enter into with our contracting partners.
3. Terms and conditions of business of our contracting partners or third parties shall not apply, unless we give our express consent to their applicability.
5. We reserve the right to modify these General Terms and Conditions of Business and the Guidelines on the Sale of Our Products via the Internet.
1. Our prices shall be on an ex works basis (EXW Incoterms 2010) plus the statutory value added tax as applicable from time to time and the packaging costs, as well as insurance, customs duty or other ancillary charges.
2. We have the right to adjust the agreed prices/fees to increased costs for wages, materials and raw materials, if the period between the date of signing the contract and the date of the agreed delivery exceeds 6 weeks and if the cost increases occurred after the signing of the contract.
IV. Deliveries and Time of Performance
1. Periods and deadlines for deliveries and services we hold out shall always apply on an approximate basis only, unless a fixed period or a fixed deadline has been promised or agreed expressly. If shipment was agreed, the delivery periods and delivery deadlines shall relate to the handover to the forwarder, carrier or other third party contracted for the shipment.
2. Items ordered from web shop are shipped in 7 working days - if items are not in stock, delivery times are agreed specifically , maximum 3 weeks.
3. We shall not be liable for the impossibility to deliver or for delays of delivery, which are caused by force majeure or other circumstances unforeseeable at the time of signing the contract (e.g. business disruption, difficulties in procuring materials and/or energy, transport delays, strike, legal lockout, lack of workers, energy and raw materials, difficulties in obtaining required approvals, governmental action or the absence of delivery or delivery that is incorrect or not in time by our suppliers), and which we are not responsible for. If such events make it particularly difficult or impossible to us to effect the delivery or service and if the obstruction is not just of a temporary nature, then our contracting partner has the right to rescind the contract. In case of obstructions of a temporary nature, the periods of delivery or service or shall be extended and the delivery or service deadlines shall be postponed by the period of obstruction plus a reasonable start-up period. If the contracting partner cannot be reasonably expected to accept the delivery or service as a result of the delay,
the contracting partner may rescind the contract by immediate notification to us in text form.
V. Place of Performance, Shipment, Packaging, Passing of the Risk,
1. Place of performance of all duties under the contractual relationship shall be Tallinn, Estonia, unless provided otherwise.
2. The type of shipment and packaging are at our duly exercised discretion.
3. All the goods are available for shipping world wide expect Asia and South America. For shipping small items, is used Estonian or French post. For large/heavy deliveries we search a subcontractor with the capacity to deliver the goods in time and without damages.
5. The risk shall pass to our contracting partner with the handover of the object of delivery (the beginning of the loading process being the decisive time) to the forwarder, carrier or other third party assigned with the shipment. This shall also apply if partial deliveries are made or if we agreed to provide additional services (e.g. shipment). If the handover is delayed due to a circumstance caused by our contracting partner, the risk shall pass to the contracting partner as of the date on which the object of delivery is ready for shipment and we informed the contracting partner thereof.
6. On the express request and at the expense of our contracting partner, we will take out insurance to cover the shipments against damage caused by theft, breakage, transport, freezing and water or other insurable risks.
7. It is permitted to send invoices in electronic form (e.g. email).
1. Unless agreed otherwise, our invoices shall be due for payment without deduction within 7 days of the invoice date. Repair invoices shall be paid immediately and without deductions. Goods purchased in web store shall be paid immediately. Item price and shipping option prices are shown in web shop before payment.
2. The value date on our account shall be decisive.
3. In case of default of payment, we will bill default interest at the statutory rate. The assertion of any additional damage shall not be excluded.
4. If the contracting partner does not meet our terms of payment or if circumstances occur, which we get to know after the signing of the contract or which are appropriate to reduce the creditworthiness of our contracting partner or if our contracting partner is in default of payment, we reserve the right to declare all our claims due and payable. Moreover, we have the right to rescind from already signed contracts if our contracting partner should fail to make advance payment or provide other security on our request and at our option.
5. Our contracting partner does not have the right to set off against own claims. This shall not apply to claims that are undisputed or determined without further legal recourse and/or result from the same contractual relationship.
6. All our transactions are done in Euro currency, where customer can pay by Visa/Master card or by receiving an invoice.
VII. Duties to Inspect and Notify Defects; Warranty; Return Deliveries
1. Our contracting partner shall immediately inspect the delivered goods with care. As to obvious defects or other defects that could have been recognised in case of an immediate and careful inspection, the goods shall be deemed accepted by our contracting partner if such defects are not notifed in text form within 10 days of the delivery. As to other defects, the goods shall be deemed accepted by our contracting partner if we do not receive the notification of defects within 10 days of the date on which the defect manifested. The timely dispatch of the notification shall suffice to meet the deadline.
2. If the goods are defective, we are first obliged and entitled to opt for
subsequent improvement or substitute delivery within a reasonable period. If subsequent improvement or the substitute delivery should prove abortive or if our contracting partner cannot be reasonably expected to accept either of them e.g. because we unreasonably delay the subsequent improvement or substitute delivery or if they become impossible; then the contracting partner may rescind from the contract or reduce the purchase price to a reasonable extent.
3. If the defect is due to our fault, our contracting partner may claim damages subject to the conditions outlined in Section X.
4. Return deliveries shall be permitted only upon our prior acceptance within 14 days. The products shall be shipped to us free domicile, without costs for us and in a ﬂawless new condition, as well as in their original package. We may decide in our discretion whether return deliveries are rejected, replaced or credited. In the event of crediting, Lumac Sledding reserves its right to claim expense allowance and a handling fee of up to 20% of the net list purchase price as applicable from time to time.
5. Canceling of orders is possible and should be made within 3 days of purchase from the web shop. When a contract partner/ bulk buyer cancels an order or partially cancels an order, Lumac Sledding reserves the right to keep 20% of any item ordered which will be canceled.
6. For an cancelled order, Lumac Sledding will pay the client back their money as soon as possible but will not take longer than 10 days.
VIII. Reservation of Title
1. We reserve the title to the delivered goods until the full payment of the purchase price as well as the satisfaction of all claims under the existing business relationship with our contracting partner.
2. Our contracting partner must not pledge, assign by way of security or otherwise encumber the goods subject to reservation of title with third party rights.
3. Our contracting partner has the right to resell the goods subject to reservation of title in the ordinary and proper course of business. The contracting partner hereby assigns to us its claims from the resale of the goods under reservation of title. Our contracting partner remains authorised to collect the claim even after such assignment. Our right to collect claims ourselves shall not be affected by the foregoing. Nevertheless, we will not collect claims as long as our contracting partner meets its contractual duties, does not get in default of payment and, particularly, no application for the institution of insolvency proceedings against its assets is fled or suspension of payments occurred.
4. The processing and further processing or transformation of the goods subject to reservation of title shall always be made on our behalf and by our order. If the goods are combined with other objects, we acquire the co-ownership to the new item in the proportion of the value of the goods subject to reservation of title to the other objects at the time of combination. If the combination is made in such a manner as to consider the item of our contracting partner as the main item, our contracting partner shall assign to us the proportional co-ownership to the item.
5. The claim for surrender of the goods subject to reservation of title shall not be construed as rescission of the contract.
6. Our contracting partner shall insure the goods subject to reservation of title against the usual risks such as freezing, water and theft at its own expense. If our contracting partner fails to comply with its duty to obtain
insurance despite our reminder, we may take out the insurance at the
expense of the customer and collect the insurance premium as part of
the claims under the contract. For an event insured, our contracting partner hereby assigns to us with priority all its claims against the insurance provider or the party at fault. We hereby expressly accept such assignment.
7. We commit ourselves to release the collateral due to us on the purchaser’s request, provided that the respective value exceeds the value of the claims to be secured by more than 20%.
1. Our liability for damage compensation on any legal ground, whatsoever, particularly such based on impossibility, delay, defective or wrong delivery, breach of contract, violation of duties in contract negotiations, and tort shall be limited pursuant to these provisions where our fault is of the essence.
2. We shall not be liable in the event of simple negligence. This shall also apply to our corporate bodies, legal representatives, employees or other agents with vicarious liability, provided that the liability is not attributable to a breach of material contractual duties. Material contractual duties are the duty to deliver the object of delivery in due time, its freedom from defects of title as well as from such material defects restricting its functionality or suitability for use to a more than insignificant extent, as well as the duties of consulting, protection and safeguarding that are meant to enable our contracting partner to use the object of delivery in line with the contract and/or are aimed at protecting life and limb or ownership against significant damage.
3. Where we are liable for damages on the merits, our liability shall be limited to damages, which we foresaw as possible consequence of a breach of contract at the time of signing the contract or which we ought to have foreseen had reasonable care been applied. Moreover, indirect damages and consequential damages caused by defects of the object of delivery shall be capable of compensation only to the extent in which such damages can be expected as typical in connection with the intended use of the object of delivery.
4. The previously mentioned exclusions and limitations of liability shall apply to the same extent for the benefit of our corporate bodies, legal representatives, employees and other agents with vicarious liability.
XI. Applicable Law, Venue of Court, Severance
1. All our legal relations shall be governed by the law of the Republic of Estonia to the exclusion of the rules on conﬂict of laws and the UN Sales Law (CISG).
2. If our contracting partner is a merchant, a public law juristic person or a special fund under public law, the place of our registered office shall be the exclusive venue of court.
3. If any of the provisions in these General Terms and Conditions of Business or any termination under any other agreements should be or become invalid, that shall not affect the validity of all other provisions or agreements. In such a case, we will replace the invalid provision jointly with our contracting partner by a valid one resembling as closely as possible the economic purpose of the invalid provision.
XII. Buying from the web shop
1. When a customer wishes to purchase a product from our web shop, she/he needs to navigate to the right product.
2. After reading the information about the product and being sure that they have chosen the good product, it can be added to the shopping cart.
3. On some items there are options - like color or length. Those options need to be selected before adding the product to the cart.
4. When pressing the ADD TO CART button , you will see a window popping up on the top side of the browser window - named Check Out.
5. When customer wants to pay for the products, he/she has to press Check Out button. After pressing a pop-up window will apare with the info about the product(s). Including VAT amount etc.
In this same window, the buyer has to select a shipping option that is offered.
6. Before payment, you are obliged to agree to the terms and refund policy.
7. When person agrees to the terms and policies, it is possible to proceed to Shipping Info. There the shipping address will be specified and special comments can be added.
8. Next step is the revision of details and there is possible to choose the payment method. Also in this step the Shipping Info can be modified.
XIII. Requirements to the Marketing of Our Products
1. Our customers (“Dealers”) shall offer our products (“Contract Products”) for sale in a manner safe-guarding and promoting the high value, image and reputation of our company; this encompasses, but is not limited to the condition and the equipment of the store (if available), the presentation and the environment of the Contract Products and our brands, as well as consulting on Contract Products. Therefore, the following requirements shall be met:
a) The Dealer shall exhibit/present the Contract Products in an attractive, appealing and customer friendly manner.
b) The other goods the Dealer sells shall be comparable to the Contract Products in relation to quality, image and appeal and presented in conformity with their image.
c) The store of the Dealer (if available), including the store window, and the equipment of the store shall meet the upscale image of the Contract Products, i.e. furnishing, decoration and other equipment shall be of premium quality.
d) In presenting the Contract Products, the Dealer shall align the design of the advertisement and/or offer to the image of and the consumer expectations in respect of our brands. The Dealer shall refrain from any action that is appropriate to have a negative impact on the high value, image and reputation of our company and/or our brands.
e) The Dealer and its sales staff need to have the required know-how for the sale of the Contract Products and be able to provide advice and information to the customers of the Dealer with regard to the Contract Products, particularly on all features of the Contract Products, general information regarding the Contract Products, including information on sustainability and environmental compatibility.
f) In the advertising texts of the Dealer, it must always be clearly recognisable that it is the Dealer’s advertisement, but not ours.
g) If the Dealer offers Contract Products in various colours, the Dealer shall display every colour offered for sale.
2. Customer complaints, if any, shall be processed promptly and efficiently.
3. The Dealer shall allow us to access its store (if available) and the relevant documents to satisfy our-selves of the compliance with these requirements to the marketing of our Contract Products.
4. The Dealer shall use only up-to-date and professional photo material in connection with the Contract Products, which is either supplied by us or to the use of which we gave our written consent.
5. The Dealer shall advertise only such Contract Products, which it actually has on stock in sufficient quantity.
6. If there are requirements for certain product groups in respect of the assortment, such requirements shall be met when presenting the Contract Products.
7. The Dealer shall always comply with the all relevant laws, particularly also the competition law regulations with regard to the presentation of the Contract Products and the establishment of contact to its (prospective) customers.
8. The Dealer shall not alter the Contract Products. In particular, the Dealer shall offer and sell the Contract Products in the condition as we deliver them, and shall not affix any additional labels or parts or remove any existing ones.
9. The brand presentation shall be made as required by our Corporate Identity and the applicable legal regulations.
10. The sale of the Contract Products via the internet requires a website meeting the requirements applicable to the local store. For this reason, the website and the offer and sale of Contract Products via the internet shall conform to the “Requirements to the Marketing of Our Products” (“Requirements”) and additionally the “Guidelines for the Sale of Our Products via the Internet” (“Internet Guidelines”). The Internet Guidelines will be sent to the Dealer on request. To ensure the compliance with the Requirements and the Internet Guidelines, the Dealer shall present its website(s) to us in advance for our inspection and approval on which the Dealer advertises and sells the Contract Products.
11. We have the right to modify the said Requirements and the Internet Guidelines to adjust them to changes of the strategy or the market situation. The Dealer shall implement such modifications. We will inform our Dealers in writing of such modifications in good time.