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Terms and Conditions / your rights as consumer

These general terms and conditions together with the documents referred to herein tell you the legal basis on which we will supply you our goods (Goods) and services (Services). Please read these terms and conditions carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms and conditions.

These terms and conditions serve as our standard terms and they shall apply to all contracts entered into via our website shop.febest.eu (Website) between Febest Europe Distribution OÜ, Kadastiku 23a, Narva, 21004, Estonia, (Company) and any natural person who is acting for purposes which are outside his business – consumer (You).

These terms and conditions do not apply to orders for businesses, trade or profession.

We are a company with limited liability (in Estonian - osaühing) established according to Estonian law, registered with the Tartu County Court Registration Department. Our company's registry code is 12368952 and our VAT registration number is EE101583743.

By clicking “send order” in the order process you agree to be bound by these terms and conditions. A link to the agreed terms are sent to your e-mail address after registration / placing an order. You can also download a .pdf copy of the terms by clicking the download-button.

1. Processing your order

1.1 You will be considered placed your binding order and data by clicking a button “send order” on our website. By clicking this button you confirm that you have reached the age of 18 years and you are capable to enter a contract By placing an order, you unreservedly accept, without limitation, our terms and conditions that are currently applicable.

1.2 You are shown the details of your order, including total order price (incl. all taxes and shipping costs) before confirming your purchase.

1.3 After receipt of your order we will automatically send you an e-mail containing the following information on your order:
- description of items, amount, price;
- total order price (including taxes);
- delivery expenses that may arise;
- these terms and conditions, information on your rights and conditions of cancelling the order and withdrawal from the Contract;
- the chosen method of payment and delivery.

1.4 Please note that aforementioned automatic e-mail is not confirmation of your order. A contract between you and the Company (Contract) will be concluded as soon as we have sent you an e-mail confirming your order. You will receive aforementioned confirmation e-mail immediately after we have inspected the details of your order and verified availability of the Goods ordered.We will send you another e-mail when your Goods have been dispatched.

1.5 Notwithstanding the aforementioned, you have the right to receive a paper document of confirmation of your order unless you have authorized us to send an electronic one.

1.6 We reserve the right to cancel any order placed by a customer with whom a dispute exists regarding payment for a previous order, or for any other legitimate reason associated to the order’s unusual nature. If we refuse your order we will inform you thereof immediately via e-mail.

1.7 We will save your data submitted by you for documentation and processing your order. If you lose your data, we will send you a copy thereof on your demand.

2. Consumer's right of withdrawal

2.1 Consumer is to be considered any individual who concludes a transaction, which doesn't aim any commercial, professional or business activities.

2.2 You have the right to withdraw from the 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 last good ordered by respective order.

2.3 In order to meet the withdrawal deadline, it is sufficient for you to send your notice that you're exercising your right to withdraw before the withdrawal period has expired.In order to exercise the right to withdraw from the Contract, you must inform us of your decision to cancel your order and withdraw from the Contract by an unequivocal withdrawal notice. You can send withdrawal notice to us via letter addressed to: Febest Europe Distribution OÜ, Kadastiku 23a, Narva, 21004, Estonia or an e-mail to isales@febest.eu When drawing up your withdrawal notice please use our standard form of withdrawal notice made available on our website.

2.4 If you withdraw from the Contract, we will reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the Goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.

2.5 We refund the money by the same method of payment as we have received it from you, unless differently specified herein or prior to refund. We may delay the refund until we have received the returned Goods or until you have provided proof that the Goods are returned to us, whichever is the earliest.

2.6 You shall return the Goods via postal service or hand them over to us without undue delay and in any event not later than 14 days from the day on which you submitted your withdrawal notice to us. The deadline is considered met if you send back the goods before the period of 14 days has expired. You will have to bear the costs of returning the Goods. The address where Goods must be returned to may vary depending on the warehouse that dispatched the order. The current return address is: FEBEST EUROPE DISTRIBUTION OÜ, Kadastiku 23a, Narva, 21004, Estonia

Our goodwill guarantee

Please note, these terms reflect the goodwill guarantee offered by FEBEST EUROPE DISTRIBUTION OÜ to its EU customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products.

Right under the Consumer Contracts Regulations 2013 - 14 day period to change your mind.
How our goodwill guarantee is more generous - 30 day period to change your mind.

You may also cancel an order for Services within 14 days after the day we e-mail you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

Withdrawal right: Exceptions

The right to withdraw does not apply to the following types of contracts:
a) Contracts for the supply of goods made to the consumer’s specifications or clearly personalized;
b) Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

3. Price

The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).

For Goods and Services purchased via our website, the price you pay is the price displayed on this website at the time we receive your order apart from the following exceptions:

While we try and ensure that all our prices on our website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or dispatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;

Where there is no error in our pricing, the prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of dispatch of the Goods or (in the case of Services) our confirmation of the start date of the Services.

We list prices inclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.

Unless otherwise specified, the delivery costs (if any) will be quoted at the time you place your order for Goods. The entire cost of any other mode of transport or any special deliveries other than the standard delivery service we offer, will be borne by you.

No allowance will be credited for Goods collected from our premises by you rather than delivered by us.

4. Delivery, Shipping costs and time

Free delivery:

We provide free standard delivery for the mainland Europe, the United Kingdom and Ireland for all orders placed via website.

We provide free express delivery for the mainland Europe, the United Kingdom and Ireland except DHL Remote Areas for all orders over 20 EUR placed via website.

Worldwide delivery:

We deliver Goods worldwide.

A list of available shipping methods and their actual shipping costs is shown during checkout process.

Delivery time:

Express delivery takes 1-2 working days (express delivery to remote areas can take up to 3-4 working days).

Standard delivery time may vary depending on the country that we are shipping to.

5. Payment

All orders must be paid in euros. You may choose to pay online via bank transfer, credit or debit cards, or using Paypal. By placing an order, you are warranting to the Company that you have the necessary authorizations to use the method of payment selected when placing the order. We reserve the right to cancel any order and/or shipping (regardless of its nature and the delivery stage it is at) if you fail to pay any partial amount or the order’s total sum. Notwithstanding the current provisions, a new order may be cancelled if a dispute exists regarding payment for a previous order. In order to ensure greater safety for our customers, we reserve the right to request, if necessary and before the order is dispatched, a copy of your ID card for all payments made by bank card. For amounts exceeding 1000 (one thousand) euros, including taxes, we reserve the right to ask for a certified copy of your ID card. In order to prevent any online fraud, the details you give us when placing your order may be transferred to a third party for verification purposes. The Company has installed a payment gateway as an electronic payment system. All details provided are encrypted to guarantee the highest possible standard of your safety and confidentiality, and they are stored in a secure server.

Paying via Paypal

After you have placed an order with us, you can choose Paypal as your method of payment. In that case you will be redirected to PayPal website. Please, log in using your Paypal login data and make a payment. In order to pay via PayPal you need to have a PayPal account. There are no additional fees when paying via Paypal.

6. Quotations

Unless otherwise stated in a quotation, all quotations (our offers to you to conclude a contract with us on certain price and other terms) are valid only for 30 days from their date of publication on our website or submitting to you via e-mail.

7. Reservation of ownership

The Company shall be the sole owner of the Goods until it has received full payment for respective Goods, including taxes and expenses. Ownership of particular Goods will not pass to you even if we have received full payment for them but you have not duly paid for any other Goods ordered from us.

8. Warranty

8.1 All Goods obtained using our Website are covered with 2-year guarantee or a mileage up to 30 000 km of the Goods, whichever will be the earliest.

8.2 If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you can opt to use one of the following two options:

8.2.1 notify us in writing and/or by completing a warranty claim form (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion, we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the aforementioned. The manufacturer’s opinion shall be final and binding and we shall have no further liability to you. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement; or

8.2.2 certain Goods qualify for our ‘No Quibble’ exchange policy (details of which Goods qualify can be found in-store). Should the Goods you purchased qualify and comply with our Warranty Conditions, they can be exchanged for an immediate replacement of the same Goods purchased (for the avoidance of doubt, no other goods can be exchanged for the Goods purchased and only a like for like exchange will be accepted) and we shall waive our right to have the Goods previously purchased by you and returned for exchange, to be tested. You must note that should you opt for the No Quibble exchange, we will return the Goods purchased to the manufacturer and/or have them destroyed, and you will have no rights to make any further claims in relation to the Goods returned. You will need to complete a warranty claims form (which will be provided in-store) confirming your acceptance to our ‘No Quibble’ exchange policy.

8.3 Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.

8.4 We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.

8.5 We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.

8.6 The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, willful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.

8.7 All Febest flexible (floating) arm bushings (their articles end in a “Z”, e.g. TAB-002Z) are now covered by an extended warranty – we guarantee no defects will emerge after mileage of 60,000 km both in terms of materials used and quality of work.

9. Limitation of Liability

9.1 No regulation in these terms excludes or limits our liability for death or personal injury caused by our negligence.

9.2. Subject to clause 9.1 we cannot be held liable for consequential (indirect), special or punitive loss, damage, costs or expenses, for instance loss of data caused by a product, loss of profit, loss of income; waste of time, free time. We can also not be responsible for damage caused by wrong assembly or installation of a product that is not caused by improper instructions received from us, omissions of maintenance or misuses disregarding the given instructions. We accept liability only for Goods which are proved faulty by reason of our negligence. Our liability is excluded in case of damage is caused by a third person, for instance by the producer of the delivered Goods and he or his insurance company can be claimed in priority. Our total liability will not exceed 125% (one hundred and twenty-five per cent) of the price payable for the Goods caused by one or several events.

10. Privacy Policy

10.1 We may collect personal information submitted by you that is needed to process and record your order. You may request access to your personal information which we hold about you via e-mail or the contact form.

10.2 If you believe that any data we are holding on you is incorrect or incomplete, please notify us thereof as soon as possible via e-mail or contact-form. We will correct the data found to be incorrect.

10.3 We hereby inform you that our Website uses cookies to analyze the browsing activity of its users. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use cookies to collect information on how users interact with our content, and to help us improve your user experience when visiting our website (shop.febest.eu). If you keep browsing our Website, we assume that you accept the use of cookies.

10.4 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information only if you tell us that you wish this to happen.

10.5 From time to time, we may also use your information to contact you for market research purposes. We may contact you by e-mail, phone, fax or mail. We may use the information to customize the website according to your interests.

11. Voucher Codes & Discounts

Promotion Codes are only valid for orders placed online with the use of only one promotion code per order. Company holds the rights to withdraw any Codes at any time. In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. A Promotional Code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions.

12. Force Majeure

We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control. We shall not be liable for the non-performance of our contractual obligations in the event stocks are exhausted or the Goods are no longer available for reasons of Force Majeure or an all-out or partial strike (especially when freight and/or courier services are concerned).

13. Law and Jurisdiction

This Contract will be governed by Law of Republic of Estonia and you consent to the non-exclusive jurisdiction of the Estonian courts in all disputes regarding it.

February 2017