Overview
The owner of the online store balmec.com (hereinafter referred to also as the online store and/or Balmec) is Balmec Forest OÜ (registry code 11981805), located at Tööstuse 12, Tootsi alev, Põhja-Pärnumaa, 87501 Estonia.
The online store is provided as a service to our customers. Your use of the online store is governed by these terms. By using the online store, you agree to be bound by these terms. We reserve the right to update or modify these terms at any time without prior notice. For this reason, we encourage you to review the terms whenever you use or access the online store. If you do not agree to these terms, please do not use or access the online store. Your use of the online store constitutes your agreement to follow and be bound by these terms.
Validity of contract of sale, product and price information
The conditions of sale apply to purchases of goods from the online store.
The prices of the products sold in the online store are not indicated next to the products. The customer gets the prices by asking for a quote. We will contact you within 24 hours.
A fee for shipping is added to the price.
The shipping cost depends on the location of the purchaser and the shipping method. The shipping cost is displayed when the purchaser asks the quote.
Product information is provided immediately adjacent to the product in the online store.
Placing an order
Add the desired products to your shopping basket to order them. Fill in all of the required fields and send us your order request. The total cost is then displayed on the quote sent by us. This can be paid via an online bank transfer or using another payment method.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. The quote sent through the website does not oblige the customer to purchase. If the customer agrees with the offer and confirms it, a pro forma invoice will be sent to him, after the payment of the invoice we will consider the transaction confirmed.
The contract enters into force when the amount payable is transferred to the bank account of the online store.
If we cannot deliver the ordered goods due to stock running out or for any other reason, the purchaser will be informed as soon as possible and the money paid (including the shipping cost) will be refunded promptly, but no later than within 14 days of receiving the notification.
We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Card payments
We accept cards with MasterCard and Visa symbol.
The card details you provided will be processed with SSL encryption. For payments with credit and debit cards, you are required to enter the CVV (Card Verification Value), a code printed on the card that serves as a security measure during electronic commerce transactions. Credit cards shall be subject to authorisations and checks by their issuing entity, but if this entity does not authorise the payment we shall not be held responsible for any delay or failure to deliver, and we shall not be able to formalise any contract with you.
If your card transaction is approved, the amount will be reserved immediately and an order confirmation will be sent to your email address. Your card will be debited when we dispatch your order.
If your card transaction is not approved, your order will be cancelled. Please contact your bank or card provider if you have any questions about this.
Shipment
Goods are shipped around the world. All terms and conditions related to the delivery of the goods are agreed between the buyer and the online store when placing the order. Delivery time depends on the location of the purchaser.
The purchaser bears the shipping cost and the respective price information is displayed on the quote.
All shipments within Estonia generally arrive at the destination specified by the purchaser within 3-7 business days of the date of entry into force of the sales contract.
In exceptional cases, we reserve the right to ship goods in up to 45 calendar days.
Right of withdrawal
After receiving the order, the purchaser has the right to withdraw from the contract entered into with the e-store within 14 days. (Depending on the product, the purchaser may not necessarily have the right of withdrawal; in such a case the corresponding products and services must be listed and they must comply with the conditions provided for in subsection 53(4) in the Law of Obligations Act.)
The right of withdrawal does not apply if the purchaser is a legal person.
To exercise the 14-day right of withdrawal, you must not use the ordered goods in any way other than is necessary to ensure the nature, characteristics and functioning of the goods in the same way you would be allowed to test the goods in an actual store.
If the goods have been used for any purpose other than is necessary to ensure the nature, characteristics and functioning of the goods, or if there are any signs of use or wear and tear, the online store has the right to lower the amount returned in accordance with the decrease in the value of the goods.
To return the goods, you must submit a declaration of withdrawal by e-mail info@balmec.com within 14 days of receiving the goods.
The purchaser shall bear the cost of returning the goods, except in cases where the reason for the return lies in the fact that a refundable product does not comply with the order (e.g. a wrong or defective product).
The purchaser must return the goods within 14 days of the submission of the declaration of withdrawal or submit evidence that they handed over the goods to the carrier within the aforementioned period.
Upon receiving the returned goods, the online store shall return to the purchaser, immediately but no later than after 14 days, the payments received from the purchaser based on the contract.
The online store has the right to refuse to make the refund until the goods being returned are received or until the buyer has provided proof of returning the products, whichever occurs first.
Defective goods
This paragraph does not apply if the purchaser is a legal person.
The online store is responsible for the non-compliance of goods sold to a purchaser (consumer) with the terms and conditions of the contract or for deficiencies.
The purchaser has the right to contact the online store within two months of the occurrence of a defect by e-mailing info@balmec.com or calling +372 518 5647
.
The online store is not liable for any defects arising after delivering the goods to the purchaser.
If goods bought from the online store have defects for which the online store is responsible, the online store will repair or replace the defective goods. If the goods cannot be repaired or replaced, the online store shall return to the purchaser all of the payments involved in the contract of sale.
The online store will respond to the consumer’s complaint in written form or in a form that enables written reproduction within 15 days.
Your refund will be issued in the form of original payment, such as the credit card used for the order. Shipping and handling costs are not refundable.
You will receive a confirmation email when we have processed your refund.
Warranty
All Balmec feed rollers have 2 years warranty (24 months), with unlimited working hours.
All other Balmec products have 1 year warranty, with unlimited working hours.
Standard warranty – general provisions
Balmec will repair or replace, at his choice, any parts of a new Balmec product that, as delivered to the original retail purchaser(s), are defective in material or workmanship.
This warranty will be free of charge for parts and labor/labour.
Standard Warranty applies only to purchases from Balmec and authorized Balmec dealers.
Coverage begins on the date of delivery of the product to the original retail purchaser.
Exclusive remedy
The repair or replacement of covered parts or components that are defective, shall be the purchaser’s exclusive remedy for any defect in the product. However, if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect, the purchaser’s sole remedy shall be a refund of the amount paid for the product (in exchange for a return of the product), excluding any transportation charges, license fees, taxes and insurance premiums, and less a reasonable allowance for use of the product prior to its return. In no event will the dealer, Balmec or any company affiliated with Balmec be liable for any incidental or consequential damages, including but not limited to loss of profits, rental of substitute equipment or other commercial loss. Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of the Dealer, Balmec, or any company affiliated with Balmec to the purchaser or any other person, whether based upon contract, tort, strict liability, or otherwise.
Balmec is not responsible for the following:
1. Freight
2. Adjustments to compensate for wear, for periodic maintenance or adjustments that result from normal wear and tear.
3. Damage caused by unapproved adjustments
4. Depreciation or damage caused by normal wear or application, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, negligence, collision or other accidents.
Termination of warranty
The warranty terminates when the product is modified or altered in any way not approved by Balmec.
Force majeure
Balmec Forest OÜ is not responsible for any delay or damage caused by an obstacle beyond its control that it cannot reasonably be expected to have anticipated and the consequences of which it could not reasonably have avoided. Force majeure includes industrial action, pandemics, government restrictions, staff illnesses, import and export bans, disturbances in general telecommunications connections, power cuts and disruptions in the delivery of post or in road traffic. If a force majeure persists for more than one month, both Balmec Forest OÜ and the purchaser have the right to cancel the transaction without incurring any liability for damages or delays.
Jurisdiction
These terms shall be construed in accordance with the laws of Estonia, without regard to any conflict of law provisions. The waiver of any provision of these terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Dispute Resolution
All complaints made by a purchaser about the online store must be sent by e-mail to info@balmec.com.
If the purchaser (a legal person) and the online store are not able to settle the dispute through negotiations, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Estonia in Tallinn (hereinafter: the Arbitration Court) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Estonia. The award of the Arbitration Court shall be final and binding upon the parties.
If the consumer and the online store are not able to settle the dispute by agreement, the purchaser may contact the Consumer Dispute Committee. The Consumer Dispute Committee is competent to resolve disputes arising from a contract between a purchaser and the online store. Resolution of disputes by the Consumer Dispute Committee is free of charge for the purchaser. A purchaser may also turn to the dispute resolution bodies of the European Union.
If you do not understand any of the foregoing terms or if you have any questions or comments, please contact us by e-mail info@balmec.com.
Effective Date: 15.06.2020
Last Updated: 15.06.2020