Terms and Conditions
1. General provisions
1.1. The Seller is Inspiroom OÜ, registry code: 14791525 (hereinafter Seller), address: Kalaranna 8/2, 10145, Tallinn, Harju county, email: firstname.lastname@example.org, website: www.inspiroom.eu (hereinafter Website).
1.2. The Buyer is a consumer, i.e., a natural person whose purchase is not related to independent economic or professional activities (hereinafter Consumer), or a business that enters into a transaction, which is related to their independent economic or professional activities (hereinafter referred to as Business or collectively with the Consumer as Buyer).
1.3. These Terms and Conditions(hereinafter Terms and Conditions) are applicable to sales contracts (hereinafter Contract), which are entered into by and between the Seller and the Buyer with regard to products sold by the Seller during the period of validity of the Terms and Conditions.
1.4. The Terms and Conditions are effective from the moment of publication on the Seller’s website.
1.5. The Seller has the right to unilateral amendment of the Terms and Conditions by notifying the Buyer via the Seller’s Website. The Terms and Conditions that were in force at the moment of purchase shall be applicable to the Buyer.
2. Ordering and entry into Contract
2.1. To order goods, the Buyer should make a query with the Seller, using the telephone number or email address disclosed on the Seller’s Website, sending a query via the form on the Website, or making an order request in the Seller’s display room. After receiving a query, the Seller shall contact the Buyer to clarify the conditions of the order.
2.2. After clarification of the conditions of the order, a price quote shall be sent to the Buyer by email, specifying the final properties of the goods sold by the Seller, including quantity, price, any advance payments and the Terms and Conditions (hereinafter Price Quote). The Buyer is required to inform the Seller of any discrepancies detected in a Price Quote. A Price Quote shall be valid for one month from the moment of it being issued to the Buyer, unless a different period is specified on the Price Quote.
2.3. The Buyer is required to accept the Price Quote by email within one month from the date of issue of the Price Quote or within the period specified in the Price Quote. If the Buyer does not accept the Price Quote within the period specified therein, the Price Quote shall be deemed to have been rejected by the Buyer and it shall expire. If the Buyer accepts the Price Quote, an advance payment invoice shall be sent by email to the Buyer, specifying the final total price of the goods.
2.4. The Contract becomes effective from the moment of payment of the advance to the Seller’s current account as specified on the invoice. By making the advance payment, the Buyer confirms their acceptance of the final price and properties of the goods as specified in the advance payment invoice, as well as of the Terms and Conditions. If the Buyer fails to pay the advance by the due date, the Contract shall not enter into force and the Seller is not obligated to fulfil the order.
2.5. After receipt of the advance payment, the Seller shall issue the Buyer an invoice for the amount exceeding the advance (hereinafter Final Invoice), specifying the amount of the advance paid by the Buyer and the remaining part of the price of the goods, which the Buyer shall pay before the goods are released or, subject to a respective agreement, upon receipt of the goods.
3. Payment terms
3.1. The Buyer shall pay for the goods by transfer to the Seller’s current account according to the invoices submitted by the Seller by the due dates specified therein.
3.2. In case of delayed payment, the Seller shall be entitled to claim a late interest of 0.1% of the unpaid amount per day.
4. Delivery charges and transfer of goods
4.1. The price of the goods may be increased by the amount of delivery charges, which depend on the destination and method of delivery. The amount of delivery charges shall be specified on the product invoices submitted to the Buyer or on a separate invoice for delivery charges.
4.2. In the absence of a different agreement between the Seller and the Buyer, the goods shall be delivered to a location chosen by the Buyer after the Buyer has paid the full amount for the ordered goods according to the Final Invoice issued by the Seller.
4.3. The risk of accidental loss of or damage to the goods and the right of ownership shall transfer from the Seller to the Buyer with the delivery of the goods to the Buyer.
4.4. When receiving the goods, the Buyer shall immediately inspect the goods, verifying the condition of the goods and the conformity of the goods with the Price Quote and the Contract. The Buyer shall be entitled to refuse receiving the goods only if the goods do not conform to the terms and conditions of the Contract to a significant extent.
5.1. If the Contract (order) includes transport and/or installation of the goods by the Seller, the Buyer shall ensure suitable conditions for receipt and installation of the goods.
5.2. In case of failure to ensure the conditions referred to in clause 5.1, the Seller shall have the right to refuse providing the service until adequate conditions are provided. The Buyer shall compensate the Seller for the extra transportation costs.
5.3. If the Buyer provides the Seller with technical documents and other information required for installation of the goods (location plan, drawings of premises/products, dimensions of openings/products, or any other information required for accurate compliance with the request), such documents shall constitute annexes to the Contract, with the Buyer being responsible for the accuracy thereof. If installation of the goods according to the technical documents or other information provided by the Buyer is not possible and the Buyer requests a change in the installation, the installation is delayed or similar situation occurs, the Buyer shall reimburse the Seller for any associated expenses.
5.4. The Seller shall not conduct an expert assessment nor another analysis of the documents or data provided by the Buyer, and it shall be assumed that the Buyer’s order and the underlying documents are based on accurate measurements and calculations for the installation of the goods. The Seller shall not be liable for any errors, discrepancies or defects that may arise from the documents or data provided by the Buyer (incl. incorrect measurements, source data, installation location of the goods, etc.). The Seller shall only inform the Buyer of obvious and visible errors, discrepancies or non-conformities found by the Seller in the Buyer’s documents.
5.5. The Buyer shall inspect and accept the installation on the day of completion of the work, and shall confirm acceptance of the work with no defects by signing an acceptance note.
5.6. If the Buyer refuses to accept the work, the Buyer shall give the Seller a written notice of the reasons of refusal and complaints within 3 (three) days after inspecting the work. If a defect does not prevent the item from being used, the work shall be deemed as accepted and the parties shall agree on rectification of the defect if it was caused by the Seller.
5.7. If the Buyer refuses to accept the work without reasonable justification within 10 (ten) days after completion of the work, the work shall be deemend as delivered and accepted on the 11th day, and the Seller shall not be liable for any consequenses arising from any actions of the Buyer or a third party.
5.8. In addition to the provisions of clauses 6.1 to 6.5, the Seller shall not be liable for any non-conformity of the installation if the non-conformity is caused by placement of the goods in unusual ambient conditions (excessive humidity, heat, frost, exposure to chemicals or other agents) or if external appearance of the installation changes over time due to natural properties od the material.
6. Defective goods
6.1. The Seller shall be responsible for any non-conformities or defects of the goods sold to the Buyer that existed at the moment of transfer of the goods. The Seller shall not be responsible for non-conformities caused by incorrect installation, unconventional use or installation of the goods in unusual ambient conditions (excessive humidity, heat, frost, incl. humidity and temperature fluctuations, exposure to chemicals or other agents). In addition, the Seller shall not be responsible for damages caused by incorrect installation or the goods or resulting from transport or reloading of the goods (unless the installation or transport/reloading of the goods was carried out by the Seller).
6.2. If the Buyer is a Consumer, the Seller shall be responsible for defects that existed at the moment of transfer of the goods and are discovered within two (2) years from the moment of transfer of the goods. It shall be assumed that a defect, which is discovered within one (1) year from the moment of transfer of the goods to the Consumer, existed at the moment of transfer of the goods, unless such assumption would be inconsistent with the nature of the goods or the defect. The Seller shall be responsible for repudiating the respective assumption. If a defect is discovered on the goods, the Consumer shall promptly notify the Seller in writing, using the contact details specified in the Terms and Conditions or on the Website, within two months after the Consumer learned about the non-conformity.
6.3. If the Buyer is a Business, the Seller shall not be responsible for non-conformity of the goods that appeared after the transfer of the goods, except where the non-conformity was caused by a breach of the Seller’s obligations. The Seller shall not be responsible for the non-conformity of the goods to the terms of the Contract if the Business was aware or should have been aware of the non-conformity at the moment of entry into the Contract. If a defect is discovered on the goods, the Business shall notify the Seller in writing within three (3) days, using the contact details specified in the Terms and Conditions or on the Website. The Business shall provide a sufficiently detailed description and proof of the defect.
6.4. If the Seller is responsible for the defects of the goods, the Seller shall repair the goods or replace them with new goods on the Seller’s own account, whereas it shall be assumed that repairing the goods free of charge is a less burdensome measure for the Seller. In case of replacing defective goods, the Seller shall be entitled to reclaim the defective goods from the Buyer.
6.5. The Seller shall not be responsible for defects on the goods, which are caused by natural wear and tear, intentional vandalism, incorrect installation, improper use or maintenance, or force majeure.
7. Special conditions
7.1.1. The goods are usually selected on the basis of samples, located in Estonia, which the Buyer is able to examine. An important property of leather stained with herbal dyes is that the colour can slightly change when exposed to sunlight. Light colours tend to get darker, while dark colours become lighter. Furthermore, each batch of animal hides is different from the previous batch – this is an unavoidable characteristic of the (natural) production process. Consequently, there can be differences in tone between the sample and the ordered batch.
7.1.2. Leather is a natural product that responds to changes in the environment. Like a wooden floor, leather contains a certain amount of moisture. It means that leather will shrink in case of decreasing relative humidity. The oil in the leather evaporates, causing a slight shrinkage of the panel. The panel will again expand when relative humidity is high. This is a continuous process during which the floor/wall keeps responding to ambient conditions. The extent of respective changes in leather goods is usually limited to a few millimetres.
7.1.3. The panels should be installed in a location where relative temperature is between 18 and 26 degrees and relative humidity is within 40-60%. Before confirming the order, the Buyer shall inform the Seller as the agent for leather goods of significant deviation, if any, of the humidity and temperature in the installation site from the aforementioned ranges, to enable the Seller as the agent for leather goods to identify a suitable solution. In case of a dispute, the Buyer shall be required to prove that the ambient conditions at the location of the goods were appropriate for the properties and specific characteristics of leather goods.
7.1.4. Animal activity and environmental conditions can leave animal hides with various scars (scratches, insect bites, etc.). Such features are part of the character of leather and belong to the properties of leather goods.
7.1.5. The Buyer can enter into a separate contract with the Seller for regular maintenance of the site. Such a contract cannot be construed as part of or supplement to this Contract.
7.2. Other interior elements, incl. plants
7.2.2. The Seller shall not be responsible for defects on the goods that are caused by the unusual ambient conditions. If the goods are placed in unusual ambient conditions, it shall be assumed that any defects on the goods have been caused by the unusual ambient conditions. The Buyer shall be responsible for repudiating the respective assumption.
8. Warranty against defects
8.1. The goods can be subject to a warranty against defects provided by the manufacturer or importer (hereinafter Warranty). If a Warranty exists, the Price Quote shall include respective information, including the Warranty period. The Seller does not offer its own warranty for the goods.
8.2. As the Seller is not the provider of the Warranty, the Warranty is primarily subject to the Warranty terms established by the provider of the Warranty. The Warranty terms established by the provider of the Warranty shall have priority over any Warranty terms set out in this Contract.
8.3. Subject to receiving a respective request from the Buyer by email or telephone, the Seller shall inform the Buyer of the name and address of the Warranty provider, the terms of the Warranty, the procedure of using the rights under the Warranty, as well as the items that are subject to the Warranty, unless this information is specified in the Price Quote, supplied with the goods upon transfer or is publicly available.
8.4. If the terms of the Warranty are less advantageous for the Consumer compared to the terms advertised in connection with the Warranty, the Warranty shall be binding with the terms that were advertised in connection with the Warranty. The Consumer cannot rely on more advantageous advertised terms if the advertising associated with the Warranty was corrected in the same or comparable manner before entry into the contract.
8.5. The Warranty shall not exclude or limit the Buyer’s right to have recourse to other legal remedies.
9. Processing of personal data
9.1. The Seller shall use the personal data submitted by the Buyer to the Seller solely for the purpose of processing the order and delivering goods to the Buyer. If necessary, the Seller can forward personal data to transport companies for the purpose of delivering the goods.
9.2. The Seller declares that the Buyer’s personal data are processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation).
10. Applicable law and resolution of disputes
10.1. The Terms and Conditions and the Contract are subject to the law of the Repuplic of Estonia.
10.2. If the Buyer has aby complaints about the goods, the Buyer shall contact the Seller in writing, using the contact details specified in the Terms and Conditions or on the Website.
10.3. Any disputes between the Buyer and the Seller shall be settled through negotiaions. If a dispute between the Seller and the Buyer cannot be settled through negotiations, the Buyer shall have the right to refer the matter to the courts of Repuplic of Estonia. The Consumer is also entitled to contract the Consumer Disputes Committee. The Consumer Disputes Committee is competent to resolve disputes between the Consumer and the Seller if the dispute arises from a Contract entered into under the Terms and Conditions. You can review the procedural conditions of the Commitee and file application here. Reviewing consumer complaints in the Commitee is free of charge.
10.4. The Buyer can also submit their complaint via an online dispute settlement platform, which is available here.