9. Delivery of Products
9.1. When ordering products, the Buyer may select one of the delivery methods specified in the specific product offer sold by the Seller.
9.2. If the Buyer selects home delivery when placing an order:
9.2.1. The Buyer undertakes to specify the exact delivery location.
9.2.2. The Buyer undertakes to accept the products in person. Upon acceptance, a valid identification document (personal identification card, passport, or new-style driver's license) must be presented. If the Buyer fails to accept the products in person, even though the products have been delivered to the address specified by the Buyer, the Seller reserves the right to transfer the products to another person located at the address specified by the Buyer, and the Buyer has no right to file any claims against the Seller for delivery to an unauthorized person.
9.2.3. The products are delivered by the Seller or their authorized representative.
9.2.4. The home delivery fee does not include the cost of picking up the ordered goods.
9.3. If the Buyer, when placing an order, selects delivery at the locations specified on the www.TunedUP.eu website, the Buyer must collect the goods in accordance with the separate terms and conditions established by these service providers, which the Buyer will be informed of by third parties (TunedUP.eu partners) via electronic means during order fulfillment.
9.4. If the Buyer, when placing an order, selects delivery to a parcel locker or self-service parcel terminal:
9.4.1. Parcel lockers and self-service parcel terminals may only collect goods weighing less than 30 kg. Goods weighing over 30 kg are not delivered to parcel lockers or self-service parcel terminals.
9.4.2. The Buyer must collect parcels from third-party parcel terminals (TunedUP.eu partners) in accordance with the terms and conditions established by the service providers of these parcel terminals, of which the Buyer is notified by the third parties (TunedUP.eu partners) via electronic means during order fulfillment.
9.5. In exceptional cases, delivery of goods may be delayed due to unforeseen circumstances beyond the Seller's control, which the Seller could not control or reasonably foresee at the time of conclusion of the purchase agreement. In such cases, the Seller undertakes to immediately contact the Buyer and agree on the delivery time and other terms.
9.6. The Seller is released from liability for delays in delivery of goods if the goods are not delivered to the Buyer or are delivered late due to the fault of third parties unrelated to and/or independent of the Seller, or due to circumstances within the Buyer's control.
9.7. Upon delivery of the goods to the Buyer, the Buyer is obligated to inspect the condition of the parcel and the item(s) together with the courier or their authorized representative and sign the parcel acceptance document. Once the Buyer signs the parcel acceptance document, the goods are deemed to have been delivered in proper condition, free from damage other than a manufacturing defect, and free from any discrepancies in the package contents (such as those that can be identified during a visual inspection of the goods). If the Buyer notices that the product packaging is damaged (dented, damp, or otherwise externally damaged), the item(s) is damaged, and/or the item(s) is not in the proper package, the Buyer is obligated to note this in the parcel acceptance document and, with the participation of the courier, draw up a free-form report of damage/discrepancies regarding the parcel and/or item(s). If the Buyer fails to perform these actions, the Seller is released from liability for damage to the goods unless such damage is due to a manufacturing defect, as well as for discrepancies in the completeness of the goods only if such discrepancies can be identified during a visual inspection of the goods.
9.8. The risk of accidental loss or damage to the goods passes to the Buyer from the moment the goods are delivered to the Buyer.
9.9. If, in accordance with paragraphs 9.2–9.5 of these Rules, the Buyer fails to pick up the goods within the specified time period, or they cannot be delivered to the Buyer, and the Buyer has paid for the goods and their delivery, representatives will contact the Buyer regarding an alternative delivery time and/or method. If the Buyer still fails to pick up the goods, or they cannot be delivered, such goods will be returned to the Seller, the order will be canceled, and the Buyer will receive a refund for the goods, less any bank fees applicable to the Seller for executed bank orders and the delivery fee, if applicable.
9.10. If, in accordance with paragraphs 9.2-9.5 of the Rules, the Buyer fails to pick up the goods within the specified period, or they cannot be delivered to the Buyer, and the Buyer has not paid for the goods, such goods are returned to the Seller and the order is cancelled.
10. Product Quality Guarantees and Shelf Life
10.1. The characteristics of each product sold by the Seller on www.TunedUP.eu are specified in the product description attached to each product.
10.2. The products offered for purchase by the Seller are of appropriate quality. A product complies with the consumer purchase agreement if:
10.2.1. the product matches the description provided by the Seller and has the same characteristics as the product the Seller provided as a sample or model when advertising the product on www.TunedUP.eu;
10.2.2. the product is fit for the purposes for which products of this type are typically used;
10.2.3. The product meets the quality standards typically associated with products of the same nature and that the Buyer can reasonably expect based on the nature of the product and publicly made statements by the manufacturer, its representative, or the seller, including advertising and product labeling, regarding specific properties of the product.
10.3. Neither the Seller nor www.TunedUP.eu are responsible for the fact that the size, shape, color, or other parameters of the products sold by the Seller on www.TunedUP.eu may differ from the actual size, shape, color, or other parameters of the products due to the characteristics of the device used by the Buyer or other technical reasons beyond the Seller's control. Product photographs are for illustrative purposes only and are approximate. Colors, inscriptions, parameters, measurements, sizes, functions, and/or any other properties may not appear as they actually are due to their visual characteristics. Therefore, we ask that you refer to the product properties specified in the product descriptions. The Buyer is advised to reread the product descriptions. 10.4. The Seller provides a quality guarantee for various types of goods, valid for a specified period, the specific term and other terms of which are specified in the descriptions of such goods, or together with the invoice for the goods, which corresponds to the warranty card.
10.5. The quality guarantee provided by the Seller does not limit or restrict the rights of consumers, which are established by law in the event of the purchase of goods or services of inadequate quality.
10.6. The Seller does not provide warranty service for goods (with the exception of simple checks of the product's functionality that do not require specialized knowledge):
10.6.1. If the center(s) providing warranty service are(are) located outside the Republic of Estonia, the Seller will arrange for the shipment of the Goods to such center(s);
10.6.2. If the center(s) providing warranty service are(are) located in the Republic of Estonia, the Buyer will be sent to such center(s).
10.7. If the Buyer wishes to take advantage of the quality guarantee for the storage medium they purchased, they are solely responsible for the safety of the personal information contained therein; i.e., the guarantee does not apply to information contained on storage media. Data on equipment provided for repair is typically deleted, unless the Buyer requests that the data be retained and this is technically feasible. The Buyer and Seller will agree on a case-by-case basis regarding the possibility of preserving the information contained on the storage medium.
10.8. In cases where legal regulations establish a specific shelf life for specific goods, the Seller undertakes to sell such goods to the Buyer in a manner that provides the Buyer with a reasonable opportunity to use such goods until the expiration of the shelf life.
10.9. Information regarding the warranty terms for specific types of goods is provided here.
11. Right to Withdraw from a Purchase and Sale Contract and Return of Goods of Appropriate Quality
11.1. Right to Withdraw from a Purchase and Sale Contract if Products are Purchased on the Website www.TunedUP.eu:
11.1.1. The Buyer has the right to withdraw from a purchase and sale contract concluded remotely within 14 (fourteen) days without stating a reason by notifying the Seller or www.TunedUP.eu according to the procedure established in these Rules. Please note that the Buyer cannot exercise this right if they have entered into one of the contracts specified in § 47, paragraph 3, of the Law of Obligations Act of the Republic of Estonia regarding:
11.1.1.1. goods manufactured according to the Buyer's specifications or specifically tailored to the needs of a specific Buyer;
11.1.1.2. goods that are perishable quickly or have a short shelf life;
11.1.1.3. If the packaged goods are not suitable for return for health or hygiene reasons, or if the package was opened after delivery (e.g., protective masks, shields, etc.);
11.1.1.4. Goods that, due to their nature, are inseparably mixed with other items after delivery;
11.1.1.5. Alcoholic beverages whose price is set within the context of the sales contract and whose delivery is possible only after 30 days, and whose actual price depends on market price fluctuations beyond the Seller's control;
11.1.1.6. Goods purchased under contracts under which the Buyer has specifically requested the Seller to visit for urgent repairs or inspections. If, in such cases, the entrepreneur provides more additional services than the Buyer specifically specified, or sells more additional goods than is necessary to perform the repairs or inspection, the right of withdrawal from the contract applies to those additional services or goods.
11.1.1.7. Packaged video or audio recordings or computer software in unopened packaging, if the packaging is opened by the Buyer;
11.1.1.8. Newspapers, periodicals, or magazines, with the exception of subscription agreements for such publications;
11.1.1.9. Digital content provided that is not delivered on a physical storage medium, if the transfer began before the end of the withdrawal period with the Buyer's express prior consent and if the Buyer acknowledges that, as a result, they will lose the right to withdraw from the contract;
11.1.1.10. In connection with services rendered to the Buyer in full, if, prior to the provision of the services, the Buyer consents and acknowledges that they will lose the right to withdraw from the contract once the Seller has fully performed the contract.
11.2. Additional Money-Back Guarantee Provided by Seller www.TunedUP.eu:
11.2.1 The additional money-back guarantee provided by Seller www.TunedUP.eu applies only to products purchased from the Seller by registered users using a registered www.TunedUP.eu account.
11.2.2. After 14 (fourteen) days, but before 30 (thirty) days from the date of delivery or receipt of the product, the Buyer has the right to use the additional money-back guarantee provided by Seller www.TunedUP.eu to the Buyer, provided that all returned products have authentic labels, protective bags, and are in their original packaging, and that the disposable packaging is undamaged, i.e., the products have not lost the appearance in which they were sold. For Buyers participating in separate loyalty programs that provide more favorable terms for the additional money-back guarantee, the terms of such loyalty programs apply. The Seller reserves the right to include an additional money-back guarantee period in the specific product description provided on www.TunedUP.eu. In all cases, the additional money-back guarantee (if applied by the Seller in relation to a specific product) will be implemented mutatis mutandis, in accordance with the provisions of paragraphs 11.2.2-11.2.5 and 11.7 of these Rules.
11.2.3. If notice is provided within 14 (fourteen) calendar days from the date of transfer of the goods to the Buyer, the provisions of paragraph 11.1 of the Rules shall apply.
11.2.4. In all cases, the goods must be returned to the Seller www.TunedUP.eu before the expiration of such guarantee period, calculated from the date of delivery or receipt of the goods.
11.2.5. The additional money-back guarantee provided by the Seller is not available if the following goods have been ordered:
11.2.5.1. Gift vouchers;
11.2.5.2. Packaged goods that have been unpacked after delivery and are not suitable for return for health or hygiene reasons;
11.2.5.3. Products from the "For Children and Babies" category;
11.2.5.4. Products from the "Food Products" category;
11.2.5.5. Products that were custom-made or clearly customized for the Buyer, or which, by their nature, after delivery to the Buyer, can no longer be returned due to loss of marketability, are perishable, or have expired;
11.2.5.6. Products from Category N-18;
11.2.5.7. Products from the "Clothing, Footwear, Accessories" category;
11.2.5.8. Products from the "Gifts, Party Supplies, Flowers" category;
11.2.5.9. Products from the "Protective Products, Disinfectants, Medical Supplies" category;
11.2.5.10. Products from the "Pet Products" category.
11.3.1. The Buyer has the right to exchange the purchased product for a similar product of a different size, shape, color, model, or configuration within 14 (fourteen) days from the date of delivery. If a price difference arises when exchanging a Product (including in the event of a change in the Buyer's status in the Loyalty Program), the Buyer is obligated to settle the account with the Seller in accordance with the prices in effect for the Buyer at the time of the recalculation.
11.4. If the Buyer purchased a set of products on the www.TunedUP.eu website, they are obligated to return the entire set of products to the Seller, i.e., the Buyer's rights regarding the return of products apply only to all products contained in the set.
11.5. If the Buyer has chosen a delivery method other than the cheapest one offered by the Seller, as published here, the difference between the chosen delivery method and the cheapest delivery method will not be refunded to the Buyer.
11.6. The Buyer bears all costs and risks associated with the return of the product specified in Section 11.2 of the Rules/quality product. In all cases, the product must be returned to the Seller www.TunedUP.eu within the return period for quality products, calculated from the date of delivery or receipt of the product.
11.7. Refunds will be made to the Buyer within 14 (fourteen) calendar days from the date the Seller receives the Buyer's notification of their intention to exercise one of the rights provided for in paragraphs 11.1-11.3 of these Rules. If the Buyer fails to return the Product to the Seller, the period specified in this paragraph will begin to run from the date the Product is returned to the Seller.
11.8. Upon receipt of the products specified in paragraph 11.3 of these Rules, the Seller undertakes to replace them only with identical products of a different shape, size, color, model, or configuration specified by the Buyer. If the Seller does not have a suitable replacement product, the Seller will refund the Buyer's payment for the product.
12. Procedure for Returning and Replacing Defective Goods
12.1. Defective goods sold will be corrected, replaced, and returned in accordance with the procedure set forth in the Rules, as well as taking into account the requirements of the legislation of the Republic of Estonia.
12.2. If the Buyer has purchased a defective product, the Buyer has the right to demand one of the following remedies:
12.2.1. that the Seller correct the defects of the product free of charge within a reasonable time, if the defects can be corrected;
12.2.2. that the purchase price be reduced accordingly;
12.2.3. that the product be replaced with a similar product of proper quality, except in cases where the defects are minor or were caused by the Buyer's fault;
12.2.4. that the purchase price be refunded and the purchase contract be terminated if the sale of a defective product constitutes a material breach of the order.
12.3. If a product fails to meet quality requirements, the Buyer has the first right to demand that the product be of adequate quality, and if this is impossible to achieve, to demand a proportionate reduction in the price of the product or to unilaterally terminate the sales contract. To ensure the proper quality of the product, the Buyer has the right to choose whether to demand repair or replacement of the product, except in cases where the requirement cannot be met or where the Seller would incur disproportionate costs incurred in fulfilling the other requirement, taking into account all circumstances, including:
1) the value of the product, if the product is not defective;
2) the significance of the defects (non-conformity) of the product;
3) whether the application of another requirement would cause inconvenience to the Buyer.
12.4. The Buyer has the right to demand a proportionate reduction in the price of the product or to terminate the sales contract only if:
12.4.1. The Seller failed to repair or replace the product, or during the repair or replacement, the Seller failed to cover the cost of returning the product or the cost of repairing and installing the product when the product was properly installed (installed, equipped, or assembled), or the Seller refused to ensure the proper quality of the product;
12.4.2. The product defect arose despite the Seller's efforts to ensure the product's quality;
12.4.3. The product defect is significant;
12.4.4. The Seller has stated, or it is evident from the circumstances, that it will not ensure the proper quality of the product within a reasonable time or that this will cause significant inconvenience to the Buyer.
12.5. The Buyer has no right to terminate the purchase and sale agreement if the product defect is minor.
12.6. If the Buyer wishes to return the product, the following conditions must be met:
12.6.1. Notify the Seller using the contact information provided on the invoice or via email at info@tunedup.eu. The notification must specify the goods being returned.
12.6.2. Provide proof of purchase and a warranty document (if issued);
12.6.3. Provide a request in free form and submit it to the Seller or TunedUp.eu.
12.7. The Buyer may return defective goods within the product quality warranty period specified in the proof of purchase, which is specified by the Seller from whom the Buyer purchased the goods. For consumer purchases, the product quality warranty period is always at least two years from the date of purchase.
12.8. The Buyer must pay for delivery costs and return costs. If goods are returned due to defective quality, the Seller will reimburse the Buyer for the delivery and return costs. You can find information about how to return defective goods here.
12.9. Refunds to the Buyer will be made promptly, but no later than 5 business days after the Seller receives the Buyer's notification of a defective product. If the Buyer fails to return the product to the Seller within the timeframes specified in this clause, the refund period will be calculated from the date the product is returned to the Seller.
12.10. Refunds will not be made for products that have been intentionally or negligently damaged (exposed to chemicals, water, open flame, high temperatures, sharp objects, etc.), or if the product's usage or storage rules have been violated, or if the product has been used improperly or for its intended purpose.
12.11. Separate rules for the return of defective products from the Seller may be provided in the warranty documents provided with them. Such return rules applied by the Seller shall apply to the extent that they do not conflict with these Rules. In the event of any discrepancy between these Rules and the rules applied by the relevant Seller, these Rules shall prevail.
13. Replacement and Return of Wrong Products
13.1. If the Buyer has received the wrong products, the Buyer is obligated to notify www.TunedUP.eu immediately, but no later than within 7 (seven) business days, by email at info@tunedup.eu or by phone at +372 5586766. Upon receipt of information regarding the wrong products, www.TunedUP.eu will notify the Seller, who will, at its own expense, collect the wrong products and replace them with the correct ones. If the Seller does not have the ordered products, it will refund the Buyer's payment. Refunds to the Buyer will be made immediately, but no later than 5 business days after the Seller receives notification from the Buyer that the wrong products were received. If the Buyer fails to return the products to the Seller within the timeframe specified in this clause, the period begins on the day the products are returned to the Seller.
14. General Rules for Returns and Refunds
14.1. The Buyer wishing to withdraw from the concluded purchase agreement for goods or wishing to return the goods (regardless of the reason for the return) may notify the Seller directly by filling out the appropriate form here , using the method specified in their Account, by email at info@tunedup.eu, by phone at +372 5586766, or by delivering the goods directly to the Seller.
14.2. All gifts provided with the purchased goods must be returned at the same time as the Buyer's return of the purchased goods, except in cases where the return of the purchased goods is due to defects in their quality, and the gifts provided with the goods were used within the period from the date of purchase until the discovery of the defect in the goods, or the usability period of such gifts has expired.
14.3. When returning goods, the Buyer is obliged to provide the sender's address and properly package the goods to prevent damage during shipment. An item is considered properly packaged only when it is placed in additional outer packaging (box, bag, paper wrap, etc.) and this packaging is tightly sealed (e.g., taped). If the returned items are fragile or easily breakable, they should be additionally protected from impact by wrapping them in multi-layer paper, cloth, or bubble wrap, then packed in outer shipping packaging (box, bag, paper). The Seller is not responsible for parcels sent by the Buyer that are improperly packaged, improperly addressed, or if the parcels are lost or damaged during return to the Seller, except when returned through TunedUP.eu couriers.
14.4. The Buyer and the Seller separately agree on the terms and conditions for the delivery of heavy goods to the Seller (for quality assessment, replacement, repair, or return) via TunedUP.eu by telephone or email at info@tunedup.eu. The Seller bears all costs associated with the return of defective goods.
14.5. Refunds for goods will be made to the Buyer in the same manner in which the Buyer paid for the goods at the time of purchase, unless the Buyer and the Seller agree otherwise. In all cases, the Buyer has the right to request that the money be returned to the bank account specified by the Buyer.
14.6. The Buyer wishing to take advantage of the additional money-back guarantee specified in Section 11.2 of these Rules must indicate the goods being returned and the reason for the return.
15. Liability
15.1. The Buyer is responsible for any unlawful actions committed on www.TunedUP.eu.
15.2. The registered Buyer is responsible for maintaining and/or transferring their login information to third parties. If a third party uses the services provided on www.TunedUP.eu by connecting to www.TunedUP.eu using the Buyer's login information, the Seller considers that party to be the Buyer.
15.3. The Seller is released from any liability in cases where losses arise because the Buyer, despite the Seller's recommendations and their obligations, failed to read these Rules, the Privacy Policy, and the Terms of Use of www.TunedUP.eu, even though they were given the opportunity to do so.
15.4. If www.TunedUP.eu contains links to websites of other third parties, www. TunedUP.eu does not guarantee that the information accessible by clicking on these links (except where the Seller clearly indicates that by clicking on a specific link, the Buyer can view the properties of the product offered to the Buyer and other information about the product offered) is true, complete, or accurate. Third parties are solely responsible for the content, accuracy, and completeness of information provided by third parties. TunedUP.eu is not obligated to verify transmitted or stored information or to correct any unlawful actions.
15.5. TunedUP.eu is not responsible for the proper fulfillment of mutual obligations between the Buyer and the Seller whose goods or services the Buyer ordered on www.TunedUP.eu.
16. Marketing Tools Used by www.TunedUP.eu
16.1. The Seller may, at its sole discretion, initiate various promotions or games on www.TunedUP.eu.
16.2. During certain promotions, www.TunedUP.eu may provide Buyers with its virtual currency – TunedUP.eu Euros – which can be used to pay for products purchased on www.TunedUP.eu and sold by TunedUP.eu. Payment with TunedUP.eu Euros for products sold by other Sellers is possible if this option is provided on the www.TunedUP.eu website for the specific product sold by the Seller. Detailed information regarding the receipt of TunedUP.eu Euros, the terms and conditions for using them when paying for products, is provided here.
16.3. If the Buyer purchases a product for which www. If TunedUP.eu provides an additional TunedUP.eu Euro credit towards a subsequent purchase, and the Buyer exercises the right to withdraw from the purchase agreement as provided in the Terms and Conditions, the TunedUP.eu Euro credit provided to the Buyer under the above conditions is forfeited.
16.4. If the Buyer has used a certain TunedUP.eu Euro credit to pay for the product and exercises the right to withdraw from the purchase agreement as provided in the Terms and Conditions, the spent TunedUP.eu Euro credit will be refunded to the Buyer. The Buyer can check the refunded TunedUP.eu Euro credit in their "My Account" account.
16.5. TunedUP.eu reserves the right to unilaterally change the terms of promotions or games, or to cancel them, without prior notice. TunedUP.eu also reserves the right to unilaterally, without prior notice, change the terms and conditions for earning TunedUP.eu Euros, use them for purchasing goods, or cancel them. Any changes to the terms of promotions, the procedure for earning and using TunedUP.eu Euros, or their cancellation will be effective from the moment the changes (cancellations) are accepted.
17. Information Exchange
17.1. All communications related to the purchase of goods through www.TunedUP.eu, regardless of the Seller, are conducted through www.TunedUP.eu, using the contact information provided on the website www.TunedUP.eu. If the Buyer and Seller communicate regarding goods through means other than www.TunedUP.eu, TunedUP.eu assumes no liability or risk that may arise from such communications.
17.2. www.TunedUP.eu, in accordance with these Rules, the Terms of Use of www.TunedUP.eu, and the Privacy Policy, sends all notifications to the email address specified by the Buyer during registration or when ordering goods, or via SMS to the phone number provided.
18. Final Provisions
18.1. These Rules have been compiled in accordance with the laws of the Republic of Estonia.
18.2. Relationships arising from these Rules shall be governed by the law of the Republic of Estonia.
18.3. Any disputes arising from the implementation of these Rules shall be resolved through negotiations. Failure to reach an agreement shall result in disputes being resolved in accordance with the procedure established by the legislation of the Republic of Estonia.
18.4. If the Buyer does not agree with the response prepared by the Seller and submitted via www.TunedUP.eu to the Buyer's written claim or complaint regarding the goods purchased from the Seller on www.TunedUP.eu, the Buyer (an individual, a user) may submit their application/complaint to the State Consumer Protection Authority (Endla 10A, 10122 Tallinn, telephone 620 1707, email info@ttja.ee) or complete the application form on the EDR (Electronic Dispute Resolution) platform: https://ec.europa.eu/odr.