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Terms and Conditions

1.General provisions

1.1. The terms and conditions of sale (hereinafter: terms and conditions) of Gadgetville e-store (hereinafter: e-store) apply to sales contracts (hereinafter: sales contract or sales contracts) concluded for the purchase of goods from the e-store at www.gadgetville.eu (hereinafter: website).

1.2. The seller of the goods is Rouvac OÜ, registry code 16623401, address Allika tee 1, Peetri, Estonia, email address [email protected] (hereinafter: Gadget).

1.3. The terms and conditions apply to all legal relationships between any person (hereinafter: buyer) and Gadget arising from the purchase of goods via the e-store.

1.4. Gadget reserves the right to unilaterally amend and supplement the terms and conditions, partially or fully invalidate them, or revoke them by publishing new terms and conditions at www.gadgetville.eu. Changes and supplements to the terms and conditions take effect upon their publication at the aforementioned internet address. The terms and conditions presented on the website at the time of concluding the sales contract apply to the sales contract.

1.5. The buyer agrees to the terms and conditions when making a purchase from the e-store.

1.6. The terms and conditions are prepared under and governed by the law of the Republic of Estonia.

1.7. The terms and conditions are provided, and the sales contract is concluded, in English.

1.8. The valid terms and conditions are presented on the website in a way that allows the buyer to save them on their computer and reproduce them later. Gadget retains all texts of the versions of the terms and conditions. Although Gadget may occasionally amend the provisions of the terms and conditions, previous versions of the terms and conditions will remain accessible to the buyer. To obtain a previous version of the terms and conditions, a request must be sent to Gadget.

2.Trading Environment, Goods, Prices, and Delivery Conditions

2.1. Gadget allows the buyer to use the website to conclude a sales contract with Gadget.

2.2. Gadget does not guarantee that the trading environment on the website can be used with all web browsers, computer software, or mobile devices.

2.3. Gadget reserves the right to impose restrictions on the sale of certain goods on the website (eg, impose time, age, or other restrictions) or refuse to conclude a sales contract. Gadget has the right to implement necessary buyer identification methods for the sale of restricted goods. Refusal to conclude a sales contract is communicated to the buyer on the website before allowing payment for the goods. The reason for refusing to conclude a sales contract is displayed to the buyer on the website.

2.4. Images of goods displayed on the website are for illustrative purposes only, and Gadget does not guarantee the exact match of the goods to the images, such as the exact match of colours and colour combinations. Gadget guarantees that the goods are sold for first-time use and that third parties do not have rights to the goods preventing their sale.

2.5. Prices, availability, delivery methods, and delivery prices of the goods may change without notice. Gadget also reserves the right to make changes to the technical specifications of the main characteristics of the goods at any time. The conditions presented on the website at the time of concluding the sales contract apply to the sales contract.

2.6. Prices of goods sold on the website are listed next to the goods in euros and include all taxes but do not include delivery costs. Delivery costs are added to the price of the goods as stated on the website.

2.7. A sales contract for the purchase of goods can be concluded for delivery within the Republic of Estonia, Spain, Romania, and Poland. The buyer will be informed of any additional restrictions or obstacles related to delivery through the website if such restrictions or obstacles exist.

2.8. If the buyer wishes to order goods using multiple delivery methods or to different addresses, separate orders must be placed, and a separate sales contract will be concluded for each delivery.

2.9. A sales contract for the purchase of goods can be concluded by logging in as a permanent client of Gadget or as a guest.

2.10. Gadget may prevent the buyer from concluding a sales contract via the website if the buyer violates or has violated any previously concluded sales contract.

3.Conclusion of the sales contract and delivery of goods

3.1. The display of the description of the goods on the website is considered an offer to conclude a sales contract. The description of the goods includes the name of the goods, product code, unit price, and main characteristics (so-called technical specification).

3.2. Gadget reserves the right to set minimum and maximum quantities for the purchase of goods or to impose other specific restrictions or special conditions for the purchase.

3.3. Gadget has the right to amend the offer until the sales contract is concluded, including during the purchase process, by notifying the buyer of the amendment through the website.

3.4. To conclude a sales contract, the buyer enters the required information on the website after selecting the goods (placing them in the shopping basket), chooses a suitable delivery method from the options presented on the website, and confirms the wish to conclude the sales contract under the conditions of the sales contract and the terms and conditions by clicking the ‘Confirm Order’ button/icon, thereby providing Gadget with all necessary information about the buyer and the delivery location of the goods (particularly the buyer’s full name, address, email address, chosen delivery method and delivery address, chosen payment method, etc).

3.5. After performing the actions described in clause 3.4, the buyer pays for the goods placed in the shopping basket and their delivery using one of the payment methods available on the website. By concluding the sales contract, the buyer also accepts the price of the goods and the delivery cost as stated on the website before concluding the sales contract. The buyer-chosen delivery method and the associated delivery cost form part of the terms of the sales contract.

3.6. The sales contract is considered concluded and takes effect when the buyer has paid Gadget for the goods (the buyer’s acceptance of the offer to conclude the sales contract).

3.7. Upon the sales contract taking effect, Gadget is obliged to deliver the goods selected and placed in the shopping basket to the buyer. If the sales contract does not take effect in the manner specified in the terms and conditions, the sales contract is considered not concluded.

3.8. The buyer is obliged to provide accurate and correct information when concluding the sales contract. The buyer must identify and correct any input errors before submitting the order form. If the buyer discovers an input error after concluding the sales contract, it is possible to correct the error by notifying Gadget within 12 hours of concluding the sales contract. Gadget is not responsible for delays in delivery or misunderstandings if the delay or misunderstanding is caused by inaccurate or incorrect information provided by the buyer when placing the order.

3.9. After concluding the sales contract, the buyer may amend the sales contract (eg, cancel part of the order, change the delivery method or payment terms) only by agreement with Gadget.

3.10. A confirmation/invoice of the sales contract will be automatically sent to the email address provided by the buyer upon the conclusion of the sales contract, which includes, among other things, the sales contract number and a link to the terms and conditions. The confirmation of the sales contract is also displayed on the website if the payment for the goods is made via a bank link and the buyer clicks the ‘Back to Merchant’ button after making the payment.

3.11. The official time of concluding the sales contract is calculated according to Gadget’s server clock, which may not always correspond to the time on the buyer’s web browser or computer.

3.12. The sales contract remains valid until the parties have properly fulfilled their obligations thereunder.

3.13. The delivery of goods to the buyer takes place within the time specified in the sales contract and in the manner and to the location agreed in the sales contract. Gadget has the right to authorise third parties (eg, courier service providers) to deliver the goods.

3.14. Gadget undertakes to promptly inform the buyer of any changes to the delivery time or other conditions related to the delivery of goods.

3.15. Gadget reserves the right to extend the delivery time by up to 7 days by promptly notifying the buyer of the extension.

3.16. The obligation to deliver the goods to the buyer is considered to have been fulfilled upon the transfer of the goods to the buyer or their representative. Among others, a representative is considered to be any adult person present at the delivery location specified by the buyer who accepts the goods. In the case of delivery via a parcel machine, the delivery time is the time the goods are retrieved from the parcel machine. The risk of accidental loss or damage to the goods passes to the buyer at the time of delivery. If the delivery of goods is delayed due to reasons attributable to the buyer, such as the absence of the buyer or their representative at the delivery location or failure to retrieve the goods from the parcel machine within the specified time, the buyer bears all costs and damages caused by the delayed delivery and other costs and damages.

3.17. If the goods have external and visible damage upon delivery or do not match the quantity or product specified in the sales contract, the buyer has the right not to accept the goods by making a notation on the delivery note and promptly notifying Gadget’s customer service at [email protected]. By signing the delivery note, the buyer or their representative confirms that the packaging was intact at the time of delivery, that they are satisfied with the condition of the packaging, that the goods had no visible external damage, and that the ordered goods were delivered.

3.18. In the case of delivery via a parcel machine, the delivery note is included with the packaging of the goods. If the goods have external and visible damage or do not match the quantity or product specified in the sales contract, the buyer has the right to file a complaint with Gadget’s customer service at [email protected].

3.19. If the goods can be delivered in parts (eg, some goods are in stock, but others are not), Gadget may fulfil the sales contract and deliver the goods in parts.

4.Withdrawal from sales contract

4.1. Consumer buyer’s right to withdraw from the sales contract

4.1.1. The consumer buyer has 14 days to familiarise themselves with the goods. If the goods do not meet the consumer buyer’s needs, they have the right to withdraw from the sales contract and return the purchased goods to Gadget within 14 days of receipt (except for goods listed in clause 4.1.6). The goods must be complete (including all items in the product package, such as cables, manuals, etc), unused, and in their original packaging, and the withdrawal notice must be sent to Gadget in writing to the postal address or email address [email protected].

4.1.2. The buyer must open the product’s original packaging carefully and without damaging it. If the packaging cannot be opened without damage, the buyer must use a method that minimises damage. To verify the suitability and functionality of the goods, the buyer must handle and use the goods only in such a way as would be usually permitted in a store. If the goods have to be used to determine their suitability, the goods are considered unused for the purposes of clause 5.1.1, provided that the goods are in their original completeness, undamaged, and with the same characteristics as when received. If the buyer uses the goods more than necessary to determine their suitability and functionality or does not return the goods in their original packaging and completeness, the buyer is liable for the decrease in the value of the goods.

4.1.3. The buyer bears the direct costs of returning the goods (incl, postage and delivery costs).

4.1.4. If the returned goods are damaged due to improper use, modification, incorrect assembly, or disassembly by the buyer, or any other actions caused by the buyer, Gadget has the right to offset the decrease in the value of the goods against the purchase price paid by and returnable to the buyer. If the buyer does not agree with the decrease in the value of the goods indicated in the offsetting, they have the right to use the aid of an independent expert to determine the decrease in the value of the returned goods or to identify the person responsible for the situation. The party whose position is found to be unjustified will bear the cost of the expert. If it is impossible to determine the unjustified party, the cost will be shared equally between the buyer and Gadget.

4.1.5. If the buyer withdraws from the sales contract under clause 4.1.1, Gadget will refund the purchase price and delivery costs paid by the buyer (except for additional costs resulting from the buyer’s chosen delivery method, which differs from the cheapest standard delivery method proposed by Gadget), less the value decrease of the goods mentioned in clause 4.1.4, within 14 days of receiving the withdrawal notice, provided the goods are returned to Gadget within the same time period. Gadget has the right to refuse refunds until the goods under the sales contract have been returned to Gadget or proof of return has been provided.

4.1.6. The right to withdraw from the sales contract and return the goods does not apply to the following goods:

4.1.6.1. goods made to the buyer’s specifications under a special order;

4.1.6.2. goods that are not suitable for return due to health protection or hygiene reasons if their packaging has been opened after delivery (eg, toothbrushes, razors, etc);

4.1.6.3. ink cartridges, audio and video recordings, and computer software (if the computer software is provided to the buyer on a physical medium) the packaging of which has been opened by the buyer;

4.1.6.4. goods delivered to the buyer digitally, which are not provided on a physical medium (eg music files, movies, audiobooks, computer software, etc), if the delivery has started with the buyer’s prior express consent and the buyer has confirmed of losing the right to withdraw from the sales contract as a result.

4.2. Gadget’s right to withdraw from the sales contract

4.2.1. Gadget has the right to withdraw from the sales contract for the following reasons:

4.2.1.1. the ordered goods are out of stock in Gadget’s store/warehouse and are not expected to arrive at Gadget’s store/warehouse within the agreed delivery period;

4.2.1.2. the sales contract was concluded with a buyer subject to sales restrictions (eg, age restrictions);

4.2.1.3. the price, characteristics, or other terms of the sales contract have been incorrectly displayed on the website due to human error or system error, where such an error is reasonably understandable as a mistake to a reasonable buyer (eg, a laptop priced at 150 euros instead of 1000 euros, which is not reasonably possible even during a sales promotion);

4.2.1.4. the buyer has not accepted the goods within 7 days after the goods were made available to the buyer (eg, if the courier attempted to deliver the goods to the address specified in the sales contract or if the goods were delivered to the buyer’s chosen parcel machine);

4.2.1.5. any other circumstance making it impossible to fulfil the sales contract for a justifiable reason.

4.2.2. If Gadget has withdrawn from the sales contract, it will generally refund the purchase price paid by the buyer within 5 days, but no later than 14 days from the date of the withdrawal notice, deducting Gadget’s costs and damages.

4.2.3. Before withdrawing from the sales contract, Gadget may offer the buyer equivalent goods, and upon receiving the buyer’s confirmation of the equivalency, the sales contract will be amended, and the equivalent goods will be delivered to the buyer.

5. Complaints, warranty and liability

5.1. For consumer buyers, Gadget is liable for any non-conformity of the purchased goods within 2 years from delivery of the goods to the buyer. When selling goods to a consumer, it is assumed that non-conformities that appear within 1 year for purchases made after 1 January 2022, and within 6 months for purchases made before 1 January 2022 from the date of delivery, were present at the time of delivery, unless this assumption is inconsistent with the nature of the goods or the defect. For other buyers, Gadget is liable for non-conformities in the purchased goods during the validity period of the manufacturer’s warranty.

5.2. The buyer is obliged to notify Gadget of any non-conformities of the goods no later than within two months of discovering them, ie to file a complaint. A complaint must be filed via email to [email protected] and must include the following information: a) buyer’s name and contact details; b) description of the defect and the suspected cause; c) sales contract number. Upon filing a complaint, the defective goods must also be presented to Gadget for verifying the defect.

5.2.1. The seller will respond to the consumer's complaint in writing or in a form reproducible in writing within 15 days.

5.3. If the defect is due to the goods or a defect occurring during delivery (eg, the product is defective or damaged during transport), Gadget will repair the defective goods. At its discretion, Gadget may replace the defective goods with non-defective goods, provided the buyer returns the defective goods to Gadget. If repair or replacement is not possible or fails, the buyer has the right to withdraw from the sales contract and return the goods to Gadget. Gadget is obliged to refund the purchase price paid under the sales contract to the buyer within 14 days of receiving a justified withdrawal notice.

5.4. Gadget is not liable for damage caused by improper storage or use of the goods, damage resulting from force majeure, damage caused by the buyer during transport or use of the goods, or normal wear and tear. Gadget’s liability exclusions may be specified in a non-exhaustive list in Gadget’s complaints handling procedure, which is published on the website.

5.5. Gadget does not provide a warranty for the goods but mediates the manufacturer’s warranty. If the manufacturer provides a warranty for the goods, the warranty terms will be provided to the buyer with the goods or made available electronically on the website. If a manufacturer warranty is provided, Gadget is obliged to facilitate the fulfilment of the manufacturer’s warranty conditions and to repair or replace defective goods as specified. The warranty periods and conditions applicable to the goods are provided on the website and in the warranty document accompanying the goods. The warranty period starts from the date of delivery of the goods to the buyer and is valid for the period specified in the warranty document. The sales contract confirmation/invoice serves as proof of warranty, and the buyer is advised to keep the confirmation/invoice during the warranty period. Further details on the warranty are regulated by the warranty conditions published on the website.

5.6 Gadget does not compensate the buyer for non-proprietary damage or compensation paid to third parties for non-proprietary damage, as well as indirect damage (such as lost profits) and damage arising from the buyer’s inability to fulfil obligations related to the goods.

5.7. Gadget is not liable for damage caused to the buyer due to Gadget’s exercise of the right to withdraw from the sales contract.

5.8. The buyer may refer disputes to the Consumer Disputes Committee or the Online Dispute Resolution platform operated by the European Commission.

The Consumer Disputes Committee Secretariat is located at Endla 10A, 10142 Tallinn, tel. 6201 920, email: [email protected]. The website of the Consumer Disputes Committee is https://ttja.ee/en/ consumer-disputes- committee. The Online Dispute Resolution platform of the European Commission is found at https://ec.europa.eu/ consumers/odr/main /?event=main.home2.show

6. Other terms

6.1. By concluding the sales contract, the buyer confirms that:

6.1.1. they are a person of passive and active legal capacity with the right to conduct transactions available on the website and that they are acting in their own name and using their own identity when making transactions;

6.1.2. they fully and easily understand all the terms contained in the terms and conditions and fully comprehend that using the website may result in legally binding obligations.

6.2. Communication and exchange of information related to the website and the sales contract between the buyer and Gadget will be conducted electronically through the email addresses disclosed to each other on the website or by publishing information on the website. A notice is considered to have been received by the other party when it is sent to the email address of the other party or published on the website. Notices may also be delivered to the buyer in writing to the address provided in the sales contract or Gadget’s official postal address. The confirmation or acceptance given by the buyer on the website indicates the buyer’s agreement to the confirmed or accepted fact, condition, action, or consequence.

6.3. The website and all its content, including but not limited to the software used, website graphics, design, texts, images, trademarks, etc, are Gadget’s intellectual property or intellectual property used by Gadget under a license. All the aforementioned is a separate object of intellectual property rights, which the buyer is not entitled to use in any case without the written permission of Gadget or another rights holder.

6.4. In order to offer their goods through the website, manufacturers and resellers have granted Gadget the right to use their trademarks, product descriptions, photos, and other data, which may be considered said persons’ intellectual property the use of which by third parties may not be permitted.

6.5. By agreeing to the terms and conditions, the buyer confirms that they have reviewed Gadget’s privacy and data protection policies, as well as Gadget’s cookie usage terms, and accept them fully and without reservation.

6.6. Disputes arising between Gadget and the buyer will be attempted to be resolved through negotiations. If agreement is not reached, the client has the right to refer o the Consumer Department of the Consumer Protection and Technical Regulatory Authority (Endla 10a, Tallinn 10142, https://www.ttja.ee ) and the Consumer Disputes Committee (Endla 10a, Tallinn 10142, http://www.komisjon.ee ) for the out-of-court settlement of disputes or to the Harju County Court.

6.7. If any provision of the terms and conditions is found to be null and void or invalid, this will not affect the validity of the remaining provisions.

This version of the terms and conditions is approved and valid from 25 July 2024.