Terms & Conditions
Valid from 26.06.2023
The Seller offers a variety of spare parts in its online shop. The general terms and conditions of purchase and sale set out below (the “Terms and Conditions of Sale”) apply to any purchase made by a buyer (the “Buyer”) in an online shop, provided that there is no specific written contract between the Seller and the Buyer.
1. Validity of the contract of sale, commercial and price information
1.1 The terms and conditions of sale apply to the purchase of goods from the Online Shop.
1.2 The prices of the products sold on the Online Shop are indicated with the products.
1.3 The delivery fee depends on the location of the buyer and the delivery method. The delivery charge is displayed to the buyer when placing the order.
1.4 Information about the goods is provided on the Online Shop directly next to the goods.
2. Making an order
2.1 To order the goods, the desired products must be added to the shopping cart. To place an order, you must fill in the required data fields and select the appropriate delivery method.
2.1.1 The amount of the charge will then be displayed, which can be paid by bank transfer or other payment method.
2.2 The contract will enter into force from the moment the amount due is credited to the Seller’s bank account.
3. Delivery time
3.1 The estimated delivery time of the Goods is set in the Seller’s online environment and depends on the type of Goods and the Manufacturer.
3.2 The delivery time is approximate and is not a binding contractual term. The Seller shall not be liable in the event of delayed arrival of the Goods. The Buyer may cancel his order only with the agreement of the Seller.
3.3 In the event that it is impossible to execute the order under the conditions indicated in the order, in particular in the quantity, in the assortment indicated in the order or within the indicative delivery period indicated on the Seller’s Website, the Seller undertakes to inform the Buyer thereof immediately upon the occurrence of the impossibility to execute the order, but no later than the expiry of the delivery period. In such a case, non-fulfilment or improper fulfilment of the order shall not be considered a breach of the sales contract.
3.4 The Seller shall not be liable for any delay in the delivery of the Products in the event that the Products have been delivered to the logistics partners on time, but the delay in delivery is due to circumstances beyond the Seller’s control or foreseeable.
4. Price of the goods
4.1 All the prices indicated on the Online Shop are in Euro and include VAT but exclude delivery charges.
4.2 The Buyer undertakes to pay for the Goods in accordance with the Seller’s price list in force at the time the order is placed, which is available on the Online Shop.
4.3 The Seller reserves the right to make price changes at any time at its sole discretion.
4.3.3 Any changes to the price list shall not apply to orders confirmed by the Seller prior to the change to the price list (unless the Goods ordered are not available in stock, in which case the Seller shall have the right to change the price in agreement with the Buyer and if no agreement can be reached, the Buyer shall have the right to cancel the order).
5. Payment terms
5.1 The Seller has the right to invoice the Buyer for the ordered Goods immediately after the order is confirmed.
5.2 The order for Goods and Services shall be placed and delivered in case of 100% advance payment. Invoicing shall be made in Euro (€).
5.3 The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer fails to pay for the goods on time or refuses to pay at the time of receipt/delivery of the goods.
5.4 The Buyer must choose a suitable payment method to pay for the ordered goods. The Buyer is offered the following payment methods: bank transfers, bank wire transfer, PayPal, credit card.
6. Delivery of goods
6.1 The obligation to deliver the Goods to the Buyer shall be deemed to be fulfilled upon delivery of the Goods to the Buyer himself or to his representative…
6.2 If the Goods are visibly and externally damaged upon delivery or if the Goods do not correspond to the Sales Contract in terms of quantity or product…
6.3 In the event that the Goods are delivered to the Buyer in the Seller’s shop and the Goods show external and visible defects or do not correspond…
6.4 Ownership of the Goods shall pass to the Buyer upon full payment of the price of the Goods and all related payments to the Seller.
6.5 Prior to the transfer of title, the Buyer shall not be entitled to make any promises or pledges in relation to the Goods…
7. Quality of goods
7.1 Seller shall ensure that the Goods meet the quality requirements…
7.2 The Buyer undertakes to carefully check the conformity of the Goods with the order immediately upon receipt…
7.3 The Seller shall, at the Buyer’s request, exchange Goods found to be of non-quality for Goods of good quality…
7.4 In the event of cancellation of the order or in any other case where the Buyer is required to return the ordered Goods to the Seller…
8. Return of Goods from natural persons
8.1 In the case of a contracted sale made through the OnlyDrive.pro ordering centre…
8.2 The withdrawal period shall expire 14 days after the day on which the Buyer or a third party…
8.3 In order to exercise the right of withdrawal, the Consumer must notify OnlyDrive OÜ…
8.4. In accordance with the law, the Consumer has no right of withdrawal in the following cases:
8.4.1. The Goods are not returned in the original packaging and in their original condition.
8.4.2. The goods have been used more than is necessary to determine their nature and functioning.
8.5 The direct costs of returning the Goods shall be borne by the Buyer.
8.6 The Seller shall reimburse the Buyer for all payments received under the Contract within 14 days of receiving notice of withdrawal.
9. Return of goods from legal persons
9.2 The packaging of the goods to be returned must be intact and clean. The commercial appearance must be fully preserved.
9.3 Installed products (e.g. spare parts) will not be bought back.
9.4 OnlyDrive OÜ does not undertake to repurchase goods that have been specially ordered.
10. Shipping
10.1 When ordering the Goods, the Buyer must specify the exact delivery address and prepare for receipt.
10.2 The Seller’s logistics partners are responsible for deliveries.
10.3 The Seller shall not be liable for delivery delays caused by external factors beyond their control.
11. Liability
11.1 The Seller is liable for non-conformity of the Goods at the time of risk transfer to the Buyer.
11.2 The Buyer is fully responsible for transferring login data to third parties.
11.3 The Seller is not liable if the Buyer ignored the terms and conditions.
11.4 The Seller is not liable if the Buyer caused the defect or failed to store the Goods properly.
11.5 No refund is available if the defect is minor or resolvable.
11.6 The Buyer may only claim direct losses related to the non-conformity.
11.7 The Seller is liable under warranty only after defect verification through official manufacturer process.
11.8 The Seller is not liable for delays or damages beyond reasonable control.
12. Confidentiality
12.1 Parties may not disclose contract-related information without written consent, unless legally required.
13. Force majeure
13.1 The Seller may cancel the order if performance becomes impossible due to force majeure circumstances.
13.2 The Seller must notify the Buyer of such events within 10 days.
14. Settlement of disputes
14.1 Disputes should first be resolved by negotiation.
14.2 If unresolved, disputes shall be handled by the Tartu County Court or via the EU platform: ec.europa.eu/odr or Consumer Disputes Committee.