Terms of sale
- About Äike
1.1 Äike scooters are sold by Äike Mobility OÜ (hereafter Äike), registered and operating in Estonia, address Dunkri 9, 10123 Tallinn, Republic of Estonia.
1.2 For more information on Äike, visit www.rideaike.com
- Applicability of these terms
2.1 The following terms apply to the negotiations and execution of each sale made from www.rideaike.com, so please read them carefully before placing your order.
2.2 If you have any questions about Äike scooter or our sales terms, please contact our customer support via firstname.lastname@example.org.
- We now walk you through the purchase process
3.1 Äike scooters and other goods on our website www.rideaike.com.
3.2 When you make a purchase, Äike guarantees only the delivery of a scooter with the features we have published on www.rideaike.com.
3.3 The photos and other images of Äike scooter and other goods provided in the e-shop are illustrative. Äike has made an effort to make the photos represent the scooter as real as possible, but displaying the colours of the scooter and/or its details on your device may slightly distort the image.
3.4 When you place an order, you will see the estimated delivery time of the scooter. It can be 1-28 calendar days, depending on our stock, number of orders and order quantities.
3.5 Äike scooters will be delivered properly packaged.
- Making the purchase
4.1 Äike scooter can be ordered from www.rideaike.com and purchased by all
- natural persons who are at least 16 (sixteen) years of age, and
- legal persons,
residing or established in the European Union. By placing an order, each ordering person confirms that they meet the above requirements.
4.2 The purchaser is allowed to place orders only in their own name and behalf.
4.3 The price of the scooter has been displayed on the website www.rideaike.com. The price published on the website includes applicable VAT. .
4.4 The prices of the scooters may change, but the changes will not affect the purchases already done, even if the purchased scooter has not yet been delivered to the purchaser.
4.5 The scooter will be paid for in full in advance via the payment links provided on the website or the purchaser can request an option of instalment. Äike may waive full advance payment, subject to special payment terms made available on www.rideaike.com.
4.6 Once you have placed your order, we will send you the confirmation of receipt of the order on the email address provided by you. If you have not received the confirmation within 12 hours, please check your spam folder and, if necessary, change the settings so that our messages do not end up there.
4.7 If after receiving the order it turns out that Äike is unable to fulfil the order and sell the scooter for any reason, we will submit the withdrawal application to the purchaser’s email address and return the total paid purchase amount to the current account specified by the purchaser within 3 calendar days at the latest.
- Delivery-receipt of the goods
5.1 Äike organises the transport of the ordered goods from our location to the destination indicated by the purchaser. The goods are delivered to the purchaser by using third-party transport service provider
5.2 The right of ownership of the goods is transferred to the purchaser from the moment the seller gives the goods over to the purchaser.
5.3 Upon receipt of the goods, you (or the representative of the purchaser) are obliged to check the goods and their packaging, quantity, quality and completeness, and by signing the delivery-receipt act you confirm the compliance of the packaging, quantity, quality and completeness of the goods with the sales contract.
5.4 If upon delivery-receipt of the goods it is established that the packaging of the goods is damaged or the quantity, quality or completeness of the goods does not match the order, the purchaser has the right not to accept the delivery
- Withdrawal from the order
The right to withdraw from before receiving the scooter
6.1 The purchaser has the right to withdraw from the sales contract before the delivery date of the scooter, without giving a reason, by giving notice to email@example.com. The notice of withdrawal may be in a free form, but must include information on the order number or sales invoice, identity of the purchaser and a clear statement from the purchaser of the wish to cancel the purchase and withdraw from the sales contract.
The right to withdraw from the order after receiving the scooter
6.2 The purchaser who has bought Äike scooter via e-shop may withdraw from the order, without giving a reason, within 14 days from the day of delivery.
Procedure for the withdrawal from the order
6.3 In case of withdrawal the purchaser will return the purchased scooter and/or other goods to Äike and Äike will return the paid purchase price to the purchaser no later than within 14 calendar days from the receipt of the withdrawal application of the purchaser.
6.4 In case of withdrawal any delivered goods should be returned to Äike no later than 14 (fourteen) days. Returning address is Türi 10D, 11313 Tallinn, Estonia. The cost for returning the goods will be borne by the purchaser.
6.5 The goods returned to us should have retained their new appearance (incl. without removing the protective films), be unused and undamaged. Upon return, the goods should be in an undamaged original packaging (along with all accessories that were handed over to the purchaser together with the goods). The gifts received for the goods, if any (except perishable or consumable goods), should also be returned.
6.6 Äike reserves the right not to return the purchase price paid by the purchaser until the goods have been returned to Äike and Äike has had the opportunity to check the condition and completeness of the returned goods.
6.7 The purchaser has no right to withdraw from the sales contract without good reason, if the sales item has been made upon the special order of the purchaser, by considering the personal choice or instructions of the purchaser, as well as if the sales item has been clearly adapted to the personal needs of the purchaser.
- Please give correct data
7.1 You, as the user of the website www.rideaike.com and the purchaser of our goods, need to provide us with correct and relevant information when communicating with us and placing an order. If the information you have previously provided changes – for example, your contact details change between placing an order and delivery – please notify us immediately of the new information.
- Warranty terms
8.1 The warranty period begins with the delivery of the goods to the purchaser, unless the contract or letter of warranty provides for a later start of the warranty period. If Äike has an obligation to send the goods to the purchaser, the warranty period does not start before the goods are handed over to the purchaser. The warranty period is suspended at a time when the purchaser cannot use the goods due to reasons for which Äike is responsible.
8.2 In case of consumer sales, Äike is liable for the non-compliance of the goods with the terms of the contract if such non-compliance occurs within two years from the delivery of the goods to the purchaser. In case of consumer sales it is presumed that the non-compliance with the contract terms having occurred within six months from the date of giving the goods over to the purchaser existed at the time of delivery of the goods, if such presumption is not in contradiction with the nature of the goods or defect.
8.3 The warranty does not cover the maintenance, cleaning, restoration of the commercial appearance of the goods or the elimination of the defects caused by the use that does not comply with the instructions for use and maintenance. Under the warranty, a claim can only be submitted for the goods that have been used for their intended purpose and in accordance with the instructions for use of the goods. The consumer can only make a warranty claim upon presentation of the original sales document for the goods used for personal consumption.
8.4 The goods used by the purchaser for non-intended purposes or more intensively than set by the manufacturer (incl. the goods acquired in the course of economic or professional activities) are not covered by the warranty.
8.5 A claim cannot be submitted for a defect and deficiency (incl. breakages) that has appeared in the goods or their part which have occurred for the following reasons:
8.5.1 damages that have occurred after the delivery of the goods to the purchaser;
8.5.2 negligent or improper storage or use or overloading of the goods;
8.5.3 improper use, maintenance, installation or connection of goods, incl. failure to follow the instructions and safety instructions provided in the instructions for use when connecting to the mains or water supply, and when using, maintaining, installing or connecting the goods, unless the seller is responsible for the incorrect installation;
8.5.4 modifications to the designs of the goods which impair the characteristics given by the manufacturer of the goods;
8.5.5 for reasons beyond the control of the seller, including changes in the mains voltage, short circuits (including those caused by insects), non-compliant extension cords, contacts, accidents, thunder, water, fire, water quality, scale and other external factors;
8.5.6 the use of the goods with accessories which are not intended and are not compatible with the goods;
8.5.7 if the goods have been repaired by an unauthorised person;
8.5.8 wrongful acts of the purchaser or user.
8.6 The warranty does not cover the normal wear and tear of the parts resulting from the regular use of the goods, such as tires, brakes and manually operated plastic parts-buttons, or defects, scratches, dents etc. that are insignificant to the intended use of the goods.
8.7 If an error occurs during the warranty period, the purchaser is obliged to notify Äike within a reasonable period from becoming aware of the error. Where possible, the purchaser undertakes to describe the defect and its probable causes in adequate detail. In addition to the above, the purchaser is obliged to indicate the number of the sales contract or the date of conclusion.
8.8 The defect covered by the warranty will be rectified within a reasonable period after becoming aware of it. In case of a defect the purchaser has the right to demand the replacement or withdraw from the contract instead of repairing the goods and to demand the return of the goods and refund of the purchase price only if there is a large defect in which the repair would not give the desired result. Äike has the right to refuse to replace and return the goods if the replacement or return causes unreasonable costs or inconveniences to the seller compared to the repair of the goods.
8.9 The costs related to the elimination of the deficiencies covered by the justified claim (i.e. the claim for defects that are subject to elimination under these terms) will be borne by the seller.
8.10 In case of defects not covered by the justified claim, the purchaser will bear the costs of inspecting the goods and returning them to the purchaser.
8.11 If the purchaser instals other items on the goods, partially dismantles the goods or does not use the goods for the intended purpose after the delivery of the goods, the purchaser loses the warranty on the goods and installation work.
- Force majeure
9.1 A breach of an obligation is excusable if the debtor breached the obligation due to force majeure. Force majeure is a circumstance which the debtor could not influence and could not reasonably have been expected to take into account or avoid at the time of the conclusion of the contract or the non-contractual obligation or to overcome the impediment or its consequences.
9.2 The other party should be immediately notified of force majeure in writing.
9.3 Force majeure is a natural disaster, fire, declaration of a state of emergency, or other event prescribed by law.
- Other legal issues
10.1 The parties shall be liable for improper fulfilment or non-fulfilment of obligations stipulated in the sales contract (breach of obligation), including for the actions of the persons whom they use in the exercise of their rights and obligations or who they authorise to do so.
10.2 A party shall not be liable for the breach of an obligation arising from its sales contract or legislation if the breach is excusable. It is presumed that the breach of the obligation is not excusable.
11.1 Notices, consents, agreements and other declarations of intent shall be deemed to have been given and served in accordance with the contract, if the declaration of intent has been communicated to the other party in writing or in the format that can be reproduced in writing based on the contact details stated in the sales contract or communicated to the other party, unless a specific form has been separately agreed in the sales contract or general terms for the submission of a specific declaration of intent. An oral declaration of intent is made in accordance with the contract if the seller has acknowledged its receipt.
11.2 The seller may, on its own initiative, release the purchaser from the fulfilment of the purchaser’s obligation provided for in the contract or general terms by notifying the purchaser of it in writing.
- Processing of personal data
12.2 Äike ensures the protection and processing of personal data of the purchaser as the natural person pursuant to the procedure provided in the general terms in accordance with legislation.
12.3 The controller of the personal data of the purchaser as the natural person is Äike Mobility OÜ.
12.4 The personal data of the purchaser as the natural person and his/her representative are processed by the seller for the following purposes:
12.4.1 personal data of the purchaser, including the purchaser’s name, personal identification code, date of birth, identity document data, address, volume and value of the sales contract, debts and contact details provided by the purchaser to the seller himself/herself or persons authorised by him/her (i.e. telephone numbers, addresses, e-mail addresses, bank account no., etc.) are used to identify, service and forward invoices and information to the purchaser or his/her representative and to send messages and perform the actions necessary to fulfil or ensure the fulfilment of other clauses of the contract.
12.4.2 The personal data of the purchaser and information on the use of the services, provided by the seller, by the purchaser are used with the prior consent of the purchaser for marketing purposes or to conduct customer satisfaction surveys. The aim of using the data of the purchaser for marketing purposes is to develop new services and offers that better meet the needs of the purchaser and to prepare personal marketing offers for the purchaser and send these to the purchaser by using his/her contact details (including electronic contact details).
12.4.3 Upon the prior consent of the purchaser, the seller may also transfer the data for processing for marketing purposes to other partners, whose names and contact addresses are available on the seller’s website.
12.5 If it does not follow from the legislation that the seller has the right to process the relevant data on the basis of the legislation and without the consent of the purchaser, the purchaser has the right to withdraw the consent for processing by notifying the seller of it in writing or in a form that can be reproduced in writing. In this case the processing of data will be terminated no later than on the working day following the seller’s receipt of the application submitted by the purchaser. The withdrawal of the consent has no retroactive effect.
12.6 Äike has the right to record and store calls between the parties for the purpose of fulfilment or ensuring the fulfilment of the contract and for the exchange of commercial information and, if necessary, use the relevant records to prove the given orders or other actions performed by the purchaser and to service the purchaser.
12.7 The purchaser as the natural person has the right to require the amendment, specification and termination of the processing of his or her personal data in accordance with the Personal Data Protection Act.
- Settlement of disputes
13.1 The disagreements and disputes arising from the fulfilment, amendment or termination of the sales contract will be settled by negotiations between the parties.
13.2 The disputes arising from the sales contract, which the parties are unable to resolve by agreement of the parties, are subject to settlement in Harju County Court. The foregoing does not exclude the right of the parties to submit an application in an expedited order for payment procedure in accordance with the jurisdiction provided for in that procedure.
13.3 The applications or complaints about the goods purchased from the seller’s e-shop can be submitted by the purchaser on an online dispute resolution platform – ec.europa.eu/odr/.