Teenuste üldtingimused - OÜ Ehituskaitse Büroo

1. Application of General Terms and Conditions. These General Terms and Conditions (General Terms and Conditions) for the Services of OÜ Ehituskaitse Büroo apply to all transactions concluded between OÜ Ehituskaitse Büroo (reg. code 12055673) as the Service provider (EKB), and its Customer as the Service recipient (the Customer) when EKB and the Customer (each as a Party and together as the Parties) have agreed to apply the General Terms and Conditions to the respective transactions. The General Terms and Conditions together with the offer referring to the General Terms and Conditions and the respective acceptance, or together with any other agreement between the Parties which apply the General Terms and Conditions to the respective transactions, are hereinafter collectively referred to as the Agreement.
2. Subject matter of the Agreement. EKB provides a visual home inspection service to describe the condition of the property, which is divided into packages according to the thoroughness of the visual inspection, which is described in more detail on the EKB website (www.homeinspection.ee), as well as related additional services (Services) in accordance with the terms agreed in the Agreement. The Customer undertakes to pay for the Services provided by the EKB in accordance with the conditions set forth in the Agreement.
3. Ordering Services and Entering into an Agreement. When the Customer wishes to order the Services, they shall submit the respective order to EKB by phone or e-mail, or via the EKB website.
  A) Orders placed by the Customer by phone or e-mail. When the order has been placed by the Customer, EKB shall issue a corresponding invoice to the Customer, which, however, shall not be considered as acceptance of the conclusion of the Agreement. The Order becomes an Agreement binding on the Parties after EKB has sent the Customer a corresponding confirmation (Order confirmation, i.e. confirmation of the Service provision date) by e-mail. If EKB has not sent the Order confirmation to the Customer within 5 working days from the placing of their order, the non-response shall be deemed a refusal by EKB.
  
  B) Orders places via the EKB websites (www.homeinspection.ee, www.ehituskaitse.ee). The Customer places the order by selecting the suitable Services on the EKB website, and filling in the corresponding order form. Before placing an order, the Customer can identify and correct errors and select the desired payment method (invoice, bank link, PayPal). Being convinced of the accuracy of the entered data and wishing to place an order, the Customer must click on “Order with an obligation to pay”. The Order becomes an Agreement binding on the Parties after EKB has sent a corresponding confirmation to the Customer (Order Confirmation) by e-mail. If EKB has not sent the Order confirmation to the Customer within 5 working days from the submission of the order or receipt of the payment, the non-response shall be deemed a refusal by EKB.
  
  C) Price for Services. The EKB price list valid at the time of placing the Order, which is available on the EKB website (www.ehituskaitse.ee), applies to the Services ordered. Unless otherwise stated, all prices in the EKB price list include VAT.
  
  D) Order confirmation. EKB has no obligation to send an Order confirmation for placed orders. If the Customer has made an advance payment later than within 3 working days after placing their order, EKB may either return the paid amount to the Customer (there is no concluded Agreement), or still send an Order confirmation within 3
  working days after receiving the payment from the Customer (an Agreement is concluded).
4. Changing the inspection date agreed upon beforehand. During the Agreement, the Customer has the right to change the agreed inspection date once, without paying an additional fee, provided that they notify EKB of their wish no later than 24 hours before the agreed date (excluding weekends and public holidays). A change in the inspection date is considered valid when EKB has sent a corresponding confirmation to the Customer by e-mail.
5. Consumer’s right of withdrawal. The Customer has the right to withdraw from the Agreement within 14 days of concluding it by submitting an unambiguous application to the e-mail address of EKB indicated in the General Terms and Conditions.
6. Restriction on the consumer’s right of withdrawal. The Service provision date is one working day before the inspection of the property agreed upon in the Agreement. If the term of the consumer’s right of withdrawal referred to in clause 5 has not expired by the Service provision date, the Parties consider that the Service provision date chosen by the Customer expresses their clear wish to receive the Service before the expiry of the right of withdrawal date, and the Customer has thereby waived the consumer’s right of withdrawal starting from the Service provision date referred to in this clause.
7. Ensuring access to property. The Customer undertakes to provide EKB or a person appointed by EKB with unrestricted access to the property for inspection at the time and place agreed upon in the Agreement. Among other things, the Customer undertakes to ensure that EKB or persons appointed by EKB have entry to the property in need of inspection, and that they can freely move around the house, and inspect freely and comprehensively to the extent necessary for providing the proper Service. The Customer agrees that breaching of the obligation specified in this clause is a substantial breach of the Agreement, and as a result EKB may terminate the Agreement.
8. Inspection report. After EKB or the persons appointed have been able to inspect the property specified in the Agreement, EKB shall issue an inspection report to the Customer within 5 working days (as of the working day following the inspection). EKB shall send the inspection report to the Customer by e-mail and it shall be submitted only in a form that can be reproduced in writing (PDF file). The Parties have agreed that the inspection report and its content shall not be considered as technical or any other expertise. The inspection report and its content reflect the subjective assessment of the inspector appointed by EKB, and it is based solely on visual inspection of the property. The content of the inspection report is the intellectual property of EKB and, unless otherwise agreed, the Customer is permitted to use it only for personal purposes. Third parties are prohibited from relying on the inspection report issued to the Customer.
9. Mediating construction, technical and other expertise. The content of the Service agreed in the Agreement may include mediation of construction and technical expertise from third parties to the Customer. The Parties have agreed that, in the event of mediating, EKB shall not be liable for the content of the mediating expert assessments, reports and any expert opinions. EKB has the right to enter into agreements on behalf of the Customer with third parties for the performance of construction, technical and other expertise ordered by the Customer.
10. Extraordinary cancellation. EKB may cancel the Agreement immediately by submitting a corresponding notice to the Customer, and without giving an additional term if the Customer fails to perform the obligation specified in clause 7. In the event of extraordinary cancellation, the amounts paid by the Customer to EKB in advance for the Services shall not be refunded. Either Party may cancel this Agreement immediately at any time upon written notice if: (i) the other Party terminates its business activities, or may face the termination of its business activities, or liquidation; (ii) the other Party is the subject of a petition in bankruptcy or any other enforcement procedures, which affect its ability to perform the Agreement; or (iii) performing the obligations under the Agreement is impossible due to legislation.
11. Rights after termination. Upon cancellation or termination of the Agreement for any reason, neither Party shall be entitled to receive any compensation solely for the termination of the Agreement. The Customer is not entitled to a refund of the prepaid amounts unless the reason for the Customer’s termination of the Agreement is breaching of the Agreement by EKB.
12. Confidentiality. Unless otherwise set by law or provided by the Agreement, the Parties agree that the content of this Agreement and/or any knowledge, information or data about the other Party’s business or products that are unveiled and disclosed due to the Agreement (save information from public or business sources), shall be kept confidential, shall not to be disclosed or used for their benefit, or that of any other person or body. However, the Parties may disclose the information in the Agreement to their lawyer, auditor or credit institution.
13. Sub-contracting. The Parties have agreed that EKB may use the services of sub-contractors to perform any obligations under the Agreement.
14. Liability. The liability of EKB is limited to direct material damage caused to the Customer due to breach of the Agreement. EKB shall be liable for damages only if EKB is guilty of breaching the Agreement. In no case shall EKB be liable for lost profits of the Customer. EKB’s total liability to the Customer for a breach of the Agreement is limited to the price of the Services in respect of which the claim was made, as well as to the amount actually paid to EKB by the Customer for the Services before the breach. The limitations and exclusions of liability set in this section shall not apply in cases and to the extent when applicable law excludes the limitation or exclusion of liability.
15. Wholeness and completeness of the Agreement. The Agreement contains all provisions and replaces all previous written and oral agreements between the Parties regarding the subject matter of the Agreement.
16. Invalidity of the provision. Invalidity or unenforceability of any provision of this Agreement shall not affect validity or enforceability of any other provision of this Agreement.
17. Assignment. Neither Party may assign any of its rights or obligations under this Agreement to any third party without the prior written consent of the other Party.
18. Amendments. The Agreement may be amended only by the mutual agreement of the Parties. EKB may amend the General Terms and Conditions unilaterally in whole or in part, without prior notice. Amendments to the General Terms and Conditions shall enter into force upon their publication on the EKB’s website (www.ehituskaitse.ee). The amended General Terms and Conditions do not affect the previously concluded Agreements to which the General Terms and Conditions in force at the time of placing the order apply. After amending the General Terms and Conditions, the previous version of the General Terms and Conditions will not be visible to the Customer on the EKB website. If desired, the Customer can save or print out the General Terms and Conditions valid at the time of placing their order.
19. Force majeure. Neither Party shall be liable for non-performance of the Agreement if it is caused by circumstances beyond the Party’s control, which the Party cannot influence, and could not reasonably have been expected to take into account, or avoid, or overcome the impediment or the consequences thereof (force majeure). The Parties are obliged to immediately continue to perform their contractual obligations once the effects of force majeure have passed. If the effect of force majeure lasts for more than ninety (90) days, either Party may terminate the Agreement by giving written notice to the other Party. The Parties have agreed that force majeure also includes a situation where EKB’s cooperation partner (e.g. a subcontractor) fails to fulfil its obligations to EKB due to the effect of force majeure, and EKB is therefore unable to perform the Agreement.
20. Applicable law. The legislation of the Republic of Estonia shall be followed in the performance and interpretation of the Agreement.
21. Settling of disputes. All disputes, disagreements and claims arising out of or in connection with the Agreement shall be settled through negotiations. If the Parties fail to resolve the dispute through negotiations, the dispute shall be finally settled by the Harju County Court (in Tallinn).
22. The consumers’ right to turn to an out-of-court complaint and redress settlement body. The Customer has the right to turn to the Consumer Disputes Committee of the Consumer Protection Board (www.komisjon.ee) for out-of-court settlement of a possible dispute. The Committee has the power to settle disputes arising from the agreement which the Parties have not been able to resolve by negotiation. The examination of the
  complaint is free of charge for the Parties.
23. Payment for Services. Payment for Services provided by EKB shall be made only in Euros (€).
24. Processing of personal data. EKB processes the personal data submitted by the Customer in accordance with the legislation regulating the protection of personal data. During the purchase process, by entering data and confirming the order, the Customer gives EKB the right to collect and process their personal data (name, phone number, address, e-mail), and transfer them to the inspector performing the Service at the agreed time and place. EKB has the right to use the Customer’s contact details to send ads and other information to the Customer. The Customer has the right to prohibit the collection and use of their personal data at any time, unless it is necessary to collect a claim arising from the Agreement, or to provide a Service in accordance with the Agreement.