1. Terms of Sale
1.1. These terms of sale apply to the customers of the ktm.ee online store (hereinafter Buyer) and Ekstreemmoto OÜ operating under the name KTM Eesti (hereinafter KTM Eesti) in relation to the purchase of goods (hereinafter Product/Products).
1.2. In addition to these terms, the legal relationships arising from the purchase of Products at the ktm.ee online store are regulated by the legislation of the Republic of Estonia.
1.3. KTM Eesti reserves the right to make changes to the sales terms and prices and such changes will be reflected on the website www.ktm.ee
1.4. By accepting the terms, the Buyer confirms that they have read and agreed to the sales terms and will comply with them.
2. Prices
2.1. All prices in the ktm.ee online store include a 22% value-added tax.
2.2. Displayed discounts are rounded to the nearest whole number.
3. Placing Orders
3.1. To purchase a suitable Product from the ktm.ee online store, it must be added to the shopping cart.
3.2. The price and availability of the Product may change without notice.
3.2.1. The availability of Products can be checked from the respective Product's product card.
3.2.2. The price of the Products is listed on the product card, and in case of a discounted price, both the discounted and regular prices are shown there.
3.3. The Buyer can view the contents of the shopping cart by clicking on the "Shopping Cart" icon at the top of the web page.
3.3.1. The quantity of Products in the shopping cart can be changed by entering the desired quantity in the quantity field.
3.3.2. Products can be removed from the shopping cart by clicking on the "cross" on the same line.
3.4. Before placing the order, a suitable delivery method must be selected.
3.4.1. If you have chosen Smartpost/Omniva parcel terminal, but your desired goods do not fit into the parcel terminal, we will contact you, and the delivery may become more expensive.
3.5. To place an order, press the "Place Order" button.
3.6. To confirm the order, press the "Confirm and Pay" button.
3.6.1. An advance invoice is then issued, which must be paid by credit card, bank transfer, or using a bank link.
3.6.2. The order confirmation or advance invoice is sent to the Buyer's email address.
3.7. The Products are dispatched by KTM Eesti after the invoice is paid.
4. Entry into Force of the Sales Contract
4.1. The Buyer is bound by the order and payment after pressing the "Confirm and Pay" button.
4.2. The sales contract is considered concluded upon receipt of the advance payment by Ekstreemmoto OÜ's current account as of the confirmation of the order's payment.
5. Delivery and Handover of Products
5.1. After the entry into force of the sales contract (advance invoice payment by the Buyer), KTM Eesti fulfills the order and hands it over for delivery to KTM Eesti's logistics partners.
5.2. Orders placed and paid for in KTM Eesti's current account on business days before 16:00 and IF THE PRODUCT IS IN STOCK, the Buyer can receive it no later than the next business day, or according to the delivery time indicated on the product card.
5.2.1. Deliveries to the islands may take an additional 1-2 days.
5.2.2. If for any reason the shipment is delayed, KTM Eesti agrees with the Buyer on a suitable delivery time.
5.3. To ensure timely delivery, the Buyer must carefully check the delivery details entered.
5.4. In the event of non-compliance with the terms of the Product, the Buyer may:
5.4.1. reject their order;
5.4.2. request compensation for damages, a price reduction;
5.4.3. If replacing the Product proves impossible, the Buyer shall be reimbursed the cost of the goods.
5.5. KTM Eesti is not responsible for delays in the delivery of Products if the delay is due to circumstances that KTM Eesti could not influence or foresee.
6. Right of Withdrawal
6.1. Products purchased in the KTM Eesti e-store are subject to a 14-day right of return from the receipt of the goods. If the Product ordered from the e-store is not suitable for the Buyer, it can be returned without giving reasons.
6.1.1. The withdrawal period ends 14 days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, physically takes possession of the goods.
6.2. The right of withdrawal does not apply if the product has been used. (Price tags have been removed or the products have been used).
6.2.1. The product has been used for business or professional purposes.
6.3. When returning the goods, KTM Eesti will refund the Buyer for the returned Product immediately, but no later than 14 days after KTM Eesti becomes aware of the Buyer's decision to return the Product.
6.4. The Buyer must return the Product to KTM Eesti immediately, but no later than 14 days after the day on which they informed KTM Eesti of their wish to return the Product. The Product can be returned to:
6.4.1. KTM Eesti, Tallinn KTM - Mõisavahe tee 3, Jälgimäe, Harjumaa, 76404 or Tartu KTM - Lange Motokeskus, Tartumaa
6.5. The deadline is met if the Buyer returns the Product before the 14-day deadline expires.
6.6. KTM Eesti has the right to refuse to make refunds until the Product has been returned to KTM Eesti or the Buyer has provided evidence to KTM Eesti that they have returned the Product, depending on which occurs sooner.
6.7. In the event of depreciation of the Product due to use or testing by the Buyer in a manner not necessary to establish the nature, characteristics, and functioning of the Product, the Buyer is responsible for the decrease in value related to the use of the Product.
6.8. KTM Eesti has the right to make claims related to the decrease in value of the returned Product no later than one month from the return of the Product.
6.9. If the Buyer has used or tested the returned Product in a manner that would not be allowed in a regular store, the Buyer is responsible for the decrease in value of the Product.
6.10. If it turns out that the Buyer has not received the ordered Product, the Product does not correspond to the description in the e-store, or the Product has a defect, the Buyer does not need to make a withdrawal request within 14 days, but can use the right to make a claim provided for by law.
7. Use of the Purchased Product for Business or Professional Purposes (including legal entities)
7.1. If the purchased Product has been used for business or professional purposes, or if the Buyer is a legal entity, the regular procedure for filing claims does not apply. In such cases, the usual period for filing claims is generally 6 months or more, as promised by the manufacturer. During this period, in case of defects from the side of the manufacturer, the Product will be replaced or repaired.
7.2. The Product is not replaced if the Product has been used. (packaging has been damaged, the Products have been used incorrectly).
8. Liability and Procedure for Filing Claims
8.1. KTM Eesti and the Buyer are liable for the damage caused by the violation of these terms in accordance with the legislation of the Republic of Estonia in the cases and to the extent provided.
8.2. KTM Eesti is responsible for non-compliance with the terms of the Product sold to the Buyer or for a defect that was present at the time of transfer of the item to the Buyer, which becomes apparent within two years of the transfer of the Product to the Buyer. During the first six months from the transfer of the Product to the Buyer, it is presumed that the defect was present at the time of transfer of the item. It is the obligation of KTM Eesti to rebut this presumption.
8.3. The Buyer has the right to file claims with KTM Eesti in the event of non-compliance with the terms of the Product within a period of two years from the delivery of the goods. A claim must be made without delay, but no later than two months after the discovery of the defect. Upon discovering the defect, the Buyer must take reasonable measures to preserve and protect the Product, including not using the defective Product if its use further deteriorates the condition of the Product.
8.4. In the event of non-compliance with the terms of the Product, the Buyer may rely on the legal remedies laid down in the law, including requesting the repair or replacement of the Product. If repairing or replacing the Product is not possible, fails, or causes undue inconvenience to the Buyer, the Buyer has the right to withdraw from the contract and demand a refund.
8.5. KTM Eesti is not responsible for the occurrence of defects in the Product, defects that have arisen as a result of irregular storage or use of the Product. Defects include defects of the Product.
8.6. If a sales guarantee for the Product has been provided by KTM Eesti or the manufacturer, the warranty terms are provided to the Buyer in writing together with the Product and/or made available electronically in the e-store.
8.7. In order to resolve subsequent issues, the Buyer must keep purchase documents (invoice, contract, etc.) proving that the Product was purchased from KTM Eesti's representative or e-store. Without a sales-document, KTM Eesti may leave the problem unresolved.
8.8. In the event of a defect in the Product purchased from KTM Eesti's representative or e-store, the Buyer may contact within two months the KTM Eesti representatives:
8.8.1. Mõisavahe tee 3, Jälgimäe, Harjumaa, 76404 or Turu 47/2, Tartu, 50106
8.8.2. or contact the e-store by sending an email to info@ktm.ee
8.9. When filing a claim, the following must be indicated:
8.10.1. Buyer's name and contact details;
8.10.2. Date of filing the claim;
8.10.3. Product defect;
8.10.4. The Buyer's claim against KTM Eesti;
8.10.5. Reference must be made to the transaction or the document certifying the warranty, or a copy of it must be added to the claim.
8.11. KTM Eesti responds to the claim in writing within 15 days after receiving the Buyer's claim. If it is not possible for KTM Eesti to respond to the Buyer's claim within 15 days, a written notification will be sent, with a justification and a deadline for sending the response.
8.12. The Buyer has the right to contact a competent supervisory authority, which is the Estonian Consumer Protection Board at Pronksi 12, 10117 Tallinn, e-mail: info@tarbijakaitseamet.ee, to find an out-of-court resolution to online consumer disputes in accordance with Regulation (EU) 524/2013.
8.13. If the Buyer and KTM Eesti are unable to settle the dispute by agreement, the Buyer may seek resolution through the Consumer Disputes Commission. The Consumer Disputes Commission has the competence to resolve disputes arising from contracts concluded between the Buyer and the e-store. Examination of the Buyer's complaint by the commission is free of charge.
8.15. The Buyer has the right to contact the European Union online platform for resolving consumer disputes.
9. Force Majeure
9.1. KTM Eesti is not liable for any damage or delay in the delivery of the Product in the event that the damage or delay in the delivery of the Product is due to circumstances that KTM Eesti could not influence or foresee.
10. Protection and Security of Personal Data
10.1. Terms of personal protection can be found in detail on the ktm.ee website.
11. Data Processing and Security
11.1. All personal data of the Buyer/Customer obtained during the visit to the KTM Eesti e-store and the performance of purchases are treated as confidential information. Except when the courier needs the Buyer's/Customer's name, telephone number, and delivery address for the delivery of the goods or in other cases provided for by law.
11.2. An encrypted data communication channel with banks ensures the security of the purchaser's personal data and bank details, and KTM Eesti e-store does not have access to them.
12. Other Terms
12.1. Product images are for illustrative purposes only.
12.2. Product prices and availability are subject to change without notice. In this case, KTM Eesti reserves the right to refuse to sell and refund the Buyer to their bank account within a reasonable period of time.
12.3. Product information is regularly checked and updated. The data may have changed after the Buyer's last visit.