These Terms and Conditions apply to all our offers.
General Terms and Conditions of Invictum Corporation Ltd, Ahtri 12 200 Tallinn Estonia.
1. General
1. These General Terms and Conditions have been established in and are valid since 1.10.2019
2. Definitions In these General Terms and Conditions, the following concepts are used as follows
a. the car: a passenger car, whether referred to as oldtimer, classic car, classic or other car; b. the car to be purchased: a car that is purchased by the seller, according to an agreement with the buyer, and sold to the buyer; c. the agreement: the agreement of purchase and sale of a classic, new or used car, or parts or accessories of the car, provided by the seller; d. the seller: one who pursuant to the agreement sells a new or used car, or part or accessories of the car; e. the buyer: one who pursuant to the agreement buys a new or used car, or parts or accessories of the car; f. the assignment: the agreement to search a suitable car, make a research on a certain car, perform assemblage, dismantling, repair or maintenance work, voluntary or legally obliged examination and assessment of damage, each on its own or together referred to as ‘activities’; g. the client: one who entrusts the company to perform the assigned activities; h. the company/repairer: one who performs activities regarding the car and/or parts of the car; i. the warranty: the warranty provided by the manufacturer, importer or seller of those cars, car parts or accessories; this warranty has or has not been attributed in the agreement.
3. Sale and purchase
ARTICLE 1 – THE OFFER The offer of the seller is issued verbally, written or electronically and is – in case a term for acceptance has been postulated – in force during the indicated term. The electronic acceptance of the offer by the purchaser is only valid when this has been confirmed by the seller. In the case of no indication of a term for acceptance, the offer remains in force during two working days, provided the car remained unsold and/or available.
ARTICLE 2 – THE AGREEMENT The agreement has to be documented in written or electronically. In the case of a written agreement, a copy has to be supplied to the purchaser. Absence of a written or electronic agreement, however, does not annul the agreement.
ARTICLE 3 – THE CONTENTS OF THE AGREEMENT In an agreement documented in written or electronically, the following will be included in any case: – the description of the car and possibly the car to be purchased, both with possible accessories; – the price of the car at the moment of purchase and sale, with indication whether the price is a set or non-set agreed price. – the price of possibly the car to be purchased at the agreed upon of delivery of that car; – the costs of delivery of the car; – the reference to whether warranty is applicable or not, where the seller or a third party will function as supplier of the warranty (if possible, the terms of warranty of this third party will be made available). If there is no reference to warranty, nothing is agreed upon warranty. – the method of payment.
ARTICLE 4 – PRICE CHANGES/INCREASE 1. Changes in taxes, excise taxes and similar governmental charges will be passed on to both the agreed upon set and non-set price of both new and used cars at all times. 2. Unabated that determined in ARTICLE 6, paragraph 1, can the changes as mentioned before as well as increases in price due to changes in manufacturers and/or importer’s prices, costs of transportation and exchange rates be passed on to the non-set agreed upon prices of the car. The buyer has the right to cancel the agreement upon notice of the price changes in case the stipulated price of the seller is an increase of more than 15% to the price agreed upon. The cancellation has to take place within 2 days of the notice of the price change.
ARTICLE 5 – THE RISK FOR THE VEHICLE The seller has to bear the risks and costs of the car until the time of actual delivery, unless agreed upon otherwise, in written, with the purchasing party. The car to be possibly purchased will only become in possession of the seller when the actual delivery to him has taken place. Until the time of this delivery, the purchasing party will bear the risks and costs of the car to be purchased, and will have to pay all possible costs. These also include the costs of maintenance and possible damage, regardless of the consequence of the damage, also that damage which occurs as consequence of failing to deliver the complete license plate. Agreed delivery date of the car is seen as estimate.
ARTICLE 6 – CANCELLATION 1. Each sale (verbal, in written and/or via the internet) that comes into being, is without exceptions subject to award until the moment that the actual purchase agreement, to be supplied by the seller only, has been signed by both parties. Until that moment, the seller can cancel and nullify any other agreements made concerning the sale at no cost and without specification of a reason. 2. The purchaser has the ability to cancel the purchase agreement, regardless of whether the seller has fallen short of his obligations. This cancellation can only take place in written. The buyer has to compensate any damage the seller suffers within one week of this cancellation. The height of this damage has been set to be 25% of the buying price of the cancelled car. If the buyer has not paid the compensation within 7 days, the seller has the right to inform the buyer in written that he desires full implementation of the purchase agreement. In that case the buyer cannot appeal to the cancellation anymore. The obligation of the buyer to pay this compensation is a debt in terms of ARTICLE 16 of these General Terms and Conditions, for which a moment of payment has been explicitly specified and agreed upon. 3. The authority to cancel the agreement no longer exists if the car to be potentially bought/interchanged has been delivered to the purchaser by the seller, or if the agreed upon deposit has been paid.
4. Activities, repair and maintenance
ARTICLE 7 – THE ASSIGNMENT The assignment to execute a task is given orally, in written or electronically. An assignment that is given electronically by the client will be first recognized when it has been confirmed by the contractor. A copy of the written assignment can be supplied to the client according to the client’s wish.
ARTICLE 8 – THE QUOTE The client can wish to have a quote of the tasks, as well as the time frame in which the tasks will be executed, before or during placing an order. The given quote and time frame are estimates, unless the contractor and repairer have agreed upon a set price and/or time frame. In case the estimated quote exceeds or is threatened to be exceeded by more than 15%, the repairer ought to contact the client to discuss additional costs. The client has the authority to terminate the agreement, taking into account the term of notice of two weeks, under remuneration of the repairer for the activities that have already been performed. When the repairer exceeds or threatens to exceed the given estimate of the time frame, the repairer needs to inform the client immediately and a new date of delivery should be provided.
ARTICLE 9 – THE INVOICE A specified invoice of the performed activities will be supplied upon request.
ARTICLE 10 – STORAGE COSTS In case the client has not picked up the vehicle within three working days after being notified of the execution of the activities, the repairer can charge for storage costs that are maintained within the company, or in case of no such maintained price, a reasonable compensation for the storage costs can be charged.
ARTICLE 11 – RETENTION GUARANTEES The repairer can act upon the retention guarantees, when and for as long as: – the client does not pay or does not fully pay the costs of the executed reparations to the car; – the client does not fully pay the costs of earlier executed reparations by the repairer to the same vehicle; – the client does not fully adhere to other claims that follow from the contractual relationship with the repairer/seller. The repairer can also act upon the retention guarantees in case the disagreement concerning the executed tasks has been brought before a judge in Tallinn, Harju County, Estonia.
ARTICLE 12 – REPLACED COMPONENTS The replaced components will be made available to the client after execution of the assignment, in case the client has requested this upon giving the assignment. This does not apply for components which have to be secluded with reference to the claim to warranty. In the latter case, the components will be made available after the warranty has been claimed and provided by the provider of the warranty, and the client wishes to use the components to show that the claims to warranty have not (yet) been sufficiently settled.
ARTICLE 13 – ASSESSMENT OF DAMAGE In case the repairer has assessed the valuation of the damage, the client will be charged with the costs that have actually been made in this process. These costs will not be charged when the assignment to repair this damage is supplied to the repairer, or in case the delivery of another car is agreed upon with the repairer. The costs of the valuation of the damage is agreed upon in written by both parties. In the case of a lack of such an agreement, reasonably determined costs of valuation are owed.
5. Warranty
ARTICLE 14 – WARRANTY OF CARS AND COMPONENTS/ATTACHMENTS 1. No warranty other than that provided by the manufacturer or importer is applicable to new components, as well as the legal rights as mentioned in paragraph 1. 2. The seller does not provide warranty for used cars/classic cars, unless both parties have explicitly, contractually and in written agreed upon a warranty. New cars have manufacturer warranty if applicable. 4. The used car/classic car is sold in the state in which it is found at the time of the sale. 5. Inspection and/or examination before buying the car is allowed in cooperation with the seller, the costs and risk of which are that of the buyer. A deposit explicitly agreed has to be paid. In case any damage occurs during the inspection, this will be charged to the buyer and/or the appointing authority of the inspection. 6. Warranty is never provided for separately supplied components, or made hourly wages. 7. Damage which has occurred due to careless use does not fall under the warranty on used cars/classic cars, unless the buyer proves that the damage has not occurred under deviating circumstances.
ARTICLE 15 – WARRANTY OF MAINTENANCE AND REPAIR 1. The repairer guarantees good execution of the assignments that he has accepted or outsourced, and the materials that have been used for this purpose, during the term of one month, starting at the moment the car is at the client’s disposal again. The warranty embraces still executing the assignment that has not been executed or has not been executed adequately. 2. No warranty or compensation is provided for ordered emergency reparations. 3. The claim to warranty and compensation is cancelled in case: a. the client does not inform the repairer as soon as possible (within five days) after taking note of the damage; b. the repairer is not first given the opportunity to still remedy the damage; c. third parties have undertaken activities, without knowledge and written permission of the repairer, that are associated with the tasks executed by the repairer to which a claim of warranty has been made.
6. General conditions
ARTICLE 16 – THE PAYMENT 1. The debts the buyer/client has to the seller/repairer have to be paid at the location of the seller/repairer. Payment has to occur in cash, along with the delivery of the car, the car components or the executed tasks. Payment in cash entails among other methods the transfer of the inferred amount, to a bank account number which the seller/repairer has provided. The money has to have been transferred at the moment of delivery. 2. In case a different moment of payment has explicitly been agreed upon in written, the seller/repairer is authorized to charge the legal interest rate on overdue amounts monthly. Here the remainder of the month from the moment the payment should have taken place is considered a whole month. This increase in the amount owed is seen as a condition under which the seller/repairer grants postponement of payment, without dropping the obligation of payment in cash of the buyer/client. The increase starts one month after the invoice has been sent. 3. In case parties have refrained from cash payment and have not explicitly agreed upon a moment of payment in written, a term of payment does not apply. 4. By the warranty mentioned in this article and in article 15, the legal rights, are not diminished nor detracted for the buyer who is not acting upon practicing a profession or hence has a company. 5. The buyer must pay the due amount before expiration of the agreed upon date of payment. If the payment has not been made before this date, the operator will send a free reminder of payment and gives the buyer the opportunity to still pay the due amount within fourteen days after receiving the reminder. If payment has still not been made after expiration of the term of the reminder of payment, the operator is authorized to charge interest as of the moment of neglect of payment. This interest equals legal interest. Judicial and extra-judicial costs which have been made by a party to enforce payment of the debt can be charged to the opposing party. The height of the costs is subject to (legal) boundaries. 6. The car will be binded to certain VIN-number when seller has received full payment. Dispite the VIN number is agreed. The seller has right to deliver a similar car to the buyer in case the exact car agreed is not available.
ARTICLE 17 – RESERVATION OF OWNERSHIP The delivered car stays in possession of the seller as long as the buyer has not fully met the obligations on grounds of the purchase agreement. As long as the possession of the car has not been granted to the buyer, the buyer is obliged to ensure and pay the costs of a liability insurance for the car, and is obliged to maintain the car. The seller will in no way be safeguarding the buyer from it’s, his or her liability as bearer of the car. On the other hand, the buyer safeguards the seller for liabilities, which third parties might have on the seller and which could be associated with the made reservation of ownership. Seller has all the time full rights to sell cars/parts which are in sellers possession, to anybody seller wishes to.
ARTICLE 18 – DEVIATIONS Deviations, among which additions or extensions to these General Terms and Conditions, are valid only when they have been documented in written by both parties.
ARTICLE 19 – DISPUTE SETTLEMENT AND ESTONIAN LAW Closed agreements and/or other arrangements (oral as well as in written) with the seller are subject solely to the Estonian law. Solely a Estonian judge or an arbitrage committee established in Estonia appointed by both parties, has jurisdiction to hear disputes. A dispute does not interfere with the choice of the buyer/client to let the judge settle the dispute. If the dispute has occurred unjustly, the seller is authorized to charge the buyer with the incurred costs (judicial and extra-judicial).
ARTICLE 20 – DETAILS The details of the buyer/client that are mentioned on the confirmation of the order are processes by the seller/contractor according to the Estonia Data Protection Act (EDPA, valid from 15.1.2019) (Estonian; Isikuandmete kaitse seadus).