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Terms & Conditions
Valid from 26.06.2023
OnlyDrive OÜ (registration code 16408795) (hereinafter referred to as the “Seller”) is an Estonian business entity operating the OnlyDrive website and online shop www.onlydrive.pro (hereinafter referred to as the “Seller”).
The Seller offers a variety of spare parts in its online shop. The general terms and conditions of purchase and sale set out below (the “Terms and Conditions of Sale”) apply to any purchase made by a buyer (the “Buyer”) in an online shop, provided that there is no specific written contract between the Seller and the Buyer.
1. Validity of the contract of sale, commercial and price information
1.1 The terms and conditions of sale apply to the purchase of goods from the Online Shop.
1.2 The prices of the products sold on the Online Shop are indicated with the products.
1.3 The delivery fee depends on the location of the buyer and the delivery method. The delivery charge is displayed to the buyer when placing the order.
1.4 Information about the goods is provided on the Online Shop directly next to the goods.
2. Making an order
2.1 To order the goods, the desired products must be added to the shopping cart. To place an order, you must fill in the required data fields and select the appropriate delivery method. 2.1.1. The amount of the charge will then be displayed, which can be paid by bank transfer or other payment method.
2.2 The contract will enter into force from the moment the amount due is credited to the Seller’s bank account.
3. Delivery time
3.1 The estimated delivery time of the Goods is set in the Seller’s online environment and depends on the type of Goods and the Manufacturer.
3.2 The delivery time is approximate and is not a binding contractual term. The Seller shall not be liable in the event of delayed arrival of the Goods. The Buyer may cancel his order only with the agreement of the Seller.
3.3 In the event that it is impossible to execute the order under the conditions indicated in the order, in particular in the quantity, in the assortment indicated in the order or within the indicative delivery period indicated on the Seller’s Website, the Seller undertakes to inform the Buyer thereof immediately upon the occurrence of the impossibility to execute the order, but no later than the expiry of the delivery period. In such a case, non-fulfilment or improper fulfilment of the order shall not be considered a breach of the sales contract.
3.4 The Seller shall not be liable for any delay in the delivery of the Products in the event that the Products have been delivered to the logistics partners on time, but the delay in delivery is due to circumstances beyond the Seller’s control or foreseeable.
4. Price of the goods
4.1 All the prices indicated on the Online Shop are in Euro and include VAT but exclude delivery charges.
4.2 The Buyer undertakes to pay for the Goods in accordance with the Seller’s price list in force at the time the order is placed, which is available on the Online Shop.
4.3 The Seller reserves the right to make price changes at any time at its sole discretion. 4.3.3 Any changes to the price list shall not apply to orders confirmed by the Seller prior to the change to the price list (unless the Goods ordered are not available in stock, in which case the Seller shall have the right to change the price in agreement with the Buyer and if no agreement can be reached, the Buyer shall have the right to cancel the order).
5. Payment terms
5.1 The Seller has the right to invoice the Buyer for the ordered Goods immediately after the order is confirmed.
5.2 The order for Goods and Services shall be placed and delivered in case of 100% advance payment. Invoicing shall be made in Euro (€).
5.3 The Seller has the right to cancel the Buyer’s order without prior notice if the Buyer fails to pay for the goods on time or refuses to pay at the time of receipt/delivery of the goods.
5.4 The Buyer must choose a suitable payment method to pay for the ordered goods. The Buyer is offered the following payment methods: bank transfers, bank wire transfer, PayPal, credit card.
6. Delivery of goods
6.1 The obligation to deliver the Goods to the Buyer shall be deemed to be fulfilled upon delivery of the Goods to the Buyer himself or to his representative. The representative shall be deemed to be, inter alia, the adult persons present at the place of delivery indicated by the Buyer who accept the goods. In the case of delivery of the goods by a parcel machine, the time of delivery shall be the time of collection of the goods from the parcel machine. The risk of accidental loss of or damage to the goods shall pass to the Buyer at the time of delivery. The delivery of the Goods shall be delayed for reasons attributable to the Buyer, if the Goods cannot be delivered because the Buyer or his adult representative is not present at the place of delivery, or if the Buyer fails to take the Goods out of the parcel machine within the time stipulated, in which case the Buyer shall bear all costs and damages arising from the delay in delivery and any other costs and damages.
6.2 If the Goods are visibly and externally damaged upon delivery or if the Goods do not correspond to the Sales Contract in terms of quantity or product, the Buyer shall have the right not to accept the Goods by making a note to this effect on the delivery note and immediately informing the Seller’s customer service by e-mail to email@example.com. By signing the delivery note, the Buyer or the Buyer’s representative certifies that at the time of delivery of the goods the packaging was intact and that he is satisfied with the condition of the packaging, that the goods have no visible external defects and that the goods ordered were delivered to him.
6.3 In the event that the Goods are delivered to the Buyer in the Seller’s shop and the Goods show external and visible defects or do not correspond to the quantity or the product of the Sales Contract, the Buyer has the right not to accept the Goods by informing the Seller’s representative on the spot. In accepting the goods, the Buyer or the Buyer’s representative shall certify that, at the time of delivery of the goods, the packaging was intact and that he is satisfied with the condition of the packaging, that the goods have no visible external defects and that he has received the goods ordered.
6.4 Ownership of the Goods shall pass to the Buyer upon full payment of the price of the Goods and all related payments to the Seller.
6.5 Prior to the transfer of title, the Buyer shall not be entitled to make any promises or pledges in relation to the Goods and such promises or pledges shall not be binding on the Seller.
7. Quality of goods
7.1 Seller shall ensure that the Goods meet the quality requirements by reference to certificates confirming the quality of the goods issued by suppliers or the manufacturer’s works. The Goods shall conform to the quality characteristics which are normally characteristic of Goods of the same quality and which the Seller can reasonably rely on from the publicly disclosed characteristics of the Goods and of the article by the manufacturer of the Goods, its agent or the Seller.
7.2 The Buyer undertakes to carefully check the conformity of the Goods with the order immediately upon receipt. In the event of non-conformity of the Goods, the Buyer shall notify the Seller thereof without delay, but not later than within three days.
7.3 The Seller shall, at the Buyer’s request, exchange Goods found to be of non-quality for Goods of good quality within the agreed period. In the event that the exchange of the Goods is not possible, the Seller shall refund the Buyer the value of the Goods within 14 days.
7.4 In the event of cancellation of the order or in any other case where the Buyer is required to return the ordered Goods to the Seller, the Goods must be in the same condition and packaging as when delivered.
8. Return of Goods from natural persons
8.1 In the case of a contracted sale made through the OnlyDrive.pro ordering centre or by any other electronic means of communication, the Buyer has the right to withdraw from the contract within 14 days without giving any reason and return the Goods. The Buyer shall be considered to be a natural person who uses the Seller’s services or purchases goods outside the scope of his business or professional activity.
8.2 The withdrawal period shall expire 14 days after the day on which the Buyer or a third party other than the carrier of the Goods and designated by the Buyer has taken physical possession of the Goods.
8.3 In order to exercise the right of withdrawal, the Consumer must notify OnlyDrive OÜ of his decision to withdraw from the contract by means of an unequivocal written statement, which must be delivered to the representative office of OnlyDrive OÜ or sent by e-mail, digitally signed.
8.4. In accordance with the law, the Consumer has no right of withdrawal in the following cases, among others:
8.4.1. the Goods that are the subject of the Contract are not returned in the original packaging (the packaging may have opening marks, but is not damaged) and in their original condition;
8.4.2. the goods have been used in any other way than is necessary to ascertain the nature, characteristics and functioning of the goods (in order to ascertain the nature, characteristics and functioning of the goods, the goods may be handled and used only in the manner normally permitted in a shop).).
8.5 The direct costs of returning the Goods shall be borne by the Buyer.
8.6 In the event of withdrawal from the Contract, the Seller shall reimburse the Buyer for all payments received under the Contract, including delivery costs (excluding any additional costs resulting from the method of delivery chosen by the Buyer if different from the cheapest method of delivery offered by the Seller), no later than 14 days from the day on which the Seller becomes aware of the Buyer’s decision to withdraw from the Contract.
9. Return of goods from legal persons acting in the course of their trade, business or profession.
9.2 The packaging of the goods to be returned must be intact and clean. The packaging must be clean and intact. The commercial appearance of the goods must be fully preserved.
9.3. Installed products (e.g. spare parts) will not be bought back.
9.4 OnlyDrive OÜ does not undertake to repurchase goods that have been specially ordered from the factory or from external suppliers.
10.1 When ordering the Goods, the Buyer undertakes to specify the exact place of delivery of the Goods and to carry out any other actions necessary for the receipt of the Goods.
10.2 The Seller’s logistics partners for the delivery of orders are.
10.3 The Seller shall not be liable for any delay in the delivery of the Products in the event that the Products have been delivered to the logistics partners on time, but the delay in delivery is due to circumstances beyond the Seller’s control or foreseeability.
11.1 The Seller shall be liable for non-conformity of the Goods with the terms of the contract if such non-conformity exists at the time of the transfer of the risk of accidental destruction and damage to the Buyer.
11.2 The Buyer shall be fully liable for the transfer of his login data to third parties and the consequences thereof.
11.3 The Seller shall be released from any liability in those cases where the damage arises from the fact that the Buyer, without taking into account the Seller’s recommendations and his obligations, did not consult these Rules, although he had the opportunity to do so.
11.4. The Seller shall not be liable for any non-conformity of the Goods with the terms of the Contract if such non-conformity is due to any act or omission of the Buyer, in particular any breach by the Buyer of the conditions under which the Goods are stored, kept or used, or any other circumstances within the Buyer’s control or for which the Buyer is responsible.
11.5 The Buyer shall not be entitled to claim replacement of the Goods or a refund of the price paid if the defect in the Goods is not significant, if the defect can be remedied or if replacement of the Goods would be unreasonably costly or time-consuming for the Seller.
11.6 If the Goods are not in conformity with the terms of the Contract, the Buyer shall only be entitled to claim damages in respect thereof for loss directly attributable to the non-conformity of the Goods. The Buyer shall not be entitled to claim damages for the use of the non-conforming Goods or for damage to other items.
11.7 The Seller shall only be liable under the Sales Warranty if the Buyer proves the defect in the Goods to the relevant manufacturer’s official agency, following all the manufacturer’s requirements and procedures for handling and detecting the defect in the Goods. The Buyer shall bear the costs associated with the identification of defects to be addressed during the warranty period.
11.8 The Seller shall not be liable for any damage caused to the Buyer or for any delay in delivery of the Product if the damage or delay in delivery of the Product is due to a circumstance beyond the Seller’s reasonable control.
12.1 The parties shall not disclose any information obtained from the other party in connection with the sale and purchase of the Products without each other’s prior written consent, unless required to do so by law or legal procedure, or shall do so only if the party receiving the information can prove that it already had such information. In particular, product information, prices and other terms and conditions of individual contracts shall be kept confidential. Disclosure of information to auditors, professional advisers or banks is not considered a breach of confidentiality.
13. Force majeure
13.1. The seller has the right to cancel the order and not to be held liable for total or partial non-performance of its contractual obligations if this is caused by force majeure, such as fire, flood, earthquake, war, strike, changes in legislation, acts or omissions of the manufacturer or carrier of the goods, or any other circumstances beyond the seller’s control and which the seller could not have foreseen at the time of entering into this contract; provided that the seller could not have avoided such an event and its consequences and that such events directly affect the performance of this contract. In such a case, the period for performance of his obligations under the contract is extended by the period during which such circumstances exist.
13.2 In the event of force majeure, Seller shall notify Buyer of such circumstances and their expected duration immediately, but not later than ten (10) days after the occurrence of such circumstances.
14. Settlement of disputes
14.1 The parties shall use their best endeavours to settle any dispute, controversy or claim arising out of or affecting the performance of these Conditions of Sale by negotiation.
14.2 In the event that the parties fail to reach an agreement by negotiation, any dispute, controversy or claim arising out of or relating to these Conditions of Sale or the breach, termination or validity of the Agreement shall be settled by the Tartu County Court, Estonia. If the buyer is deemed to be the consumer, the dispute shall be submitted for resolution to the competent court of the defendant’s country of residence or, at the consumer’s discretion, to the competent court of the country of residence or to any other competent body established under the applicable legal system for the resolution of consumer disputes (including the European online dispute resolution platform which can be used for out-of-court dispute resolution: http://ec.europa.eu/odr). Consumer Disputes Committee: https://komisjon.ee/et/avalduse-esitamine.