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General Terms and Conditions

 

 

Scope of application and conclusion of contract

 

General Terms and Conditions for private customers. The contract language is English and Estonian. The presentation of products on our website, the printed catalog, brochures and/or leaflets is not a legally binding offer but only a non-binding representation of the Pro Marine Trade product assortment.In our online stores a binding order for the goods in the basket is placed by clicking the „order now“ button. The automatic „order overview“ is send immediately after submitting the order. This „order overview“ does not yet present the purchase contract. When you place an order by e-mail, by phone, by mail or via our website, the contract of purchase is drawn with our separate order confirmation or e-mail with the notification that the goods were sent to you, or at the latest upon delivery of the ordered goods.

 

 

Right of withdrawal

 

Right of Withdrawal

 

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Company: Pro Marine Trade OÜ, Pärnu maantee 160 G, 11317 Tallinn, Estonia, E-mail: info@promarine.ee) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

 

Effects of withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.

 

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Exceptions from the right of withdrawal

 

The right of withdrawal will not apply as regards the following:

 

  • Service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
  • The supply of goods made to the consumer’s specifications or clearly personalized;
  • The supply of goods which are liable to deteriorate or expire rapidly;
  • The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  • The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  • The supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal

 

 

Delivery and shipping costs

 

Worldwide shipping

 

The Pro Marine Trade team will gladly accept orders from all over the world and ship them to remote locations and ports when we receive a clear delivery address from you. You also have the opportunity to take advantage of additional services at any time. The resulting costs are also due if you make use of your 14-day right of withdrawal. Any occurring transport damage is insured by us. We would like to point out that customs duties, taxes, import charges, storage fees, exchange rates, currency differences or other costs may arise which Pro Marine Trade has no influence on and we cannot estimate or determine them beforehand – As this is the responsibility of the recipient who is obliged to pay any fees incurred. The return costs are also obliged to be paid by the recipient as well.

 

Customs can open and scan packages for control. For more information on costs, customs clearance times, etc., please contact your local customs authorities. The customs authorities of some countries require special proof of identification from the importer / consignee of goods before a consignment is released. As the importer / consignee of the goods, you may use an identification number, e.g. national identification number, CPF or tax number. Pro Marine Trade is not obliged to issue you or customs authorities with a supplier or long-term supplier declaration and / or an export declaration or to procure such from its own pre-suppliers. We would also like to point out that we have no influence on the duration of the delivery by forwarding and shipping companies and cannot guarantee the complete tracking of shipments.

 

Please note that international shipping to certain countries is subject to delivery restrictions and not all items may be shipped to all countries. You are responsible for ensuring that products can be lawfully imported into the country of destination. It may also be the case for air and sea freight deliveries that a "door-to-door" service is not included and you may need to pick up the goods at the respective airport or seaport. We will not carry any additional transportation costs.

We only charge the actual costs of transport including packaging. Here you will have the opportunity to use additional services. The additional costs incurred thereby will still be charged if you make use your 14-day right of withdrawl.  The costs of return shipment are paid by you.

 

Attention: For deliveries to the Canary Islands additional custom fees or taxes might be applicable. These have to paid by the consignee. Please contact your local authorities for more information in this regard.

 

Shipping cost

 

Please find always our actual prices for goods shipping from HERE

 

 

Warranty and products guarantee

 

In the event that a delivered article displays evidence of material or manufacturing defects, including possible transport damage, please report such problems to us or the parcel service that dispatched your package immediately. In case you receive your package via freight forwarding and the packaging and/or the article is damaged please report such problems at the freight forwarding driver. Please have this report confirmed in writing. For any defects or problems with the item that appear before the expiration of the legal warranty (24 months), the customer may choose any of the actions to which he/she is entitled: subsequent performance in the form of repair (rework) or product replacement (subsequent delivery).

 

In case subsequent performances are only possible at disproportionately heavy expense, we have the right to choose subsequent fulfillment. In case the customer’s request necessitates an effort out of all proportion to the customer‘s interest we have the right to refuse subsequent fulfillment. This also comes into effect, if the supplementary performance is not possible. Except from this warranty / guarantee are damages which occur as a result of natural wear, inappropriate usage and lacking or wrong care. Any additional liability especially in combination with consequential damages and claims for damages of any type that exceed the value of the part delivered, are excluded. Complaints and discrepancies do not release the customer from his/her payment obligation. A limited warranty of six months applies to the repaired components within chargeable repair work.

 

Please find more conditions from HERE

 

 

Orders, offers and prices

 

Our offers, services and deliveries are provided exclusively on the basis of these general terms and conditions. All offers are not-binding and without obligation and the prior sale of articles from stock and the delivery options are subject to exceptions. The pictures, measurements, weights and characteristics of the articles in our catalogue and brochures have been made by the best knowledge based on the information from the suppliers and manufacturers but without any guarantee and liability in relation to the accuracy, completeness or precision of the information provided. Changes in design, dimension, weight, form and execution by manufacturers remain reserved.

 

Prices

 

All of our prices mentioned are displayed in EURO and include the value added tax (VAT) prescribed by law, plus shipping charges and transport insurance. There will be no VAT added to deliveries to countries outside the EU.

 

Delivery provison

 

We will deliver for as long as stocks last. There is no claim for delivery in case it is not possible to us to acquire this article. If delivery is not possible, we will notify you immediately. Our remaining stock („Outlet/ Sales/Offers“) only holds small quantities or even individual pieces. In case we are unable to deliver we expressly reserve the right to non-provision of service. Already rendered payments will be immediately refunded. Further claims against the company Pro Marine Trade are excluded. We ship, while stocks last. There is no claim for delivery if it is not possible for us to obtain this product.

 

 

Payment, date of payment

 

Payments within Estonia

 

The payment of goods for deliveries within Estonia can be made via collect on Pro Marine Trade or Liisi installments, via invoice, via bank transfer, via credit card or PayPal. Pro Marine Trade reserves the right to exclude certain payment methods in individual cases.

 

Payments for customers outside Estonia (EU/NON-EU)

 

For international deliveries the payment ensues via advanced payment/bank transfer, credit card or PayPal. Pro Marine Trade reserves the right to exclude certain payment methods in individual cases.

 

 

Set-off and retention

 

Set-off against counter demands is only permitted in as much as these have been recognized by us as existent and due, or have been established as legally effective.

 

 

Reservation of title

 

Delivered items remain our property until payment in full has been made according to the business relationship between us and the purchaser.

 

 

Account current / Balance clause (business relationship clause)

 

The goods supplied to the buyer remain the property of the seller until their complete payment as well as until all other liabilities of the buyer have been settled as a result of this business connection. This also applies to cases where individual claims or all claims are included in a current account, the balance of which has been calculated and acknowledged.

 

 

Place of jurisdiction

 

In accordance with EU-regulation ((EU) No. 524/2013), we are obligated to make a direct link available for online dispute resolutions within the EU’s online dispute resolution platform.

Link to the European Commission’s online platform for extrajudicial online dispute resolution / Email: promarine@promarine.ee

 

 

Privacy

 

When entering a contract with us, you agree to our Pro Marine Trade privacy statement, which you can access HERE .

 

 

Validity

 

If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby.

 

 

Disclaimer of liability

 

Our liability beyond the delivery and sales conditions stated above is based exclusively on the provisions of the above paragraphs. Any and all claims not expressly granted herein including damages under what title ever, also claims arising from violation of accessory contractual obligations, pre-contractual obligations and from illicit action, are excluded irrespective of the legal ground they arouse from. This does not apply to damage caused intentionally or by gross negligence or in cases where liability is prescribed by law. With the publication of new price lists and catalogs all past offers lose their validity.

 

 

Disclaimer for external links

 

The company Pro Marine Trade OÜ gives internet links to other sites on its homepage. The following applies to all these links: Pro Marine Trade OÜ expressly declares that we do not have any influence whatsoever on the design and content of linked pages and cannot monitor how the providers of these pages handle the information. We thus explicitly distance ourselves herewith to all contents of the linked pages from www.promarinetrade.com and state that third party contents are not our own. This disclaimer applies to all featured links and for the contents of all websites to which these links guide.

 

 

Applicable law

 

This agreement between the parties (Pro Marine Trade OÜ and the buyers) shall be governed by Estonian law and shall be subject to the exclusive jurisdiction of the Estonian Courts. The application of the UN arrangement about contracts about the international goods purchase from the 11.04.1988 is excluded. With the publication of new price lists and catalogs all past offers lose their validity.

 

 

Supplier identification

 

Pro Marine Trade OÜ

 

Reg.number: 10954172

VAT number: EE100847354

 

Legal address: Endla 4, 11412 Tallinn, Estonia

Business address: Pärnu maantee 160 G, 11317, Tallinn, Estonia

 

Phone +372 601 2880

E-Mail: promarine@promarine.ee

 

 

 

 

Tallinn, January 2020

 

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