Terms and Conditions

This document contains the general terms and conditions under which the use of the website www.foresteel.eu, which provides the product catalog and online sale of the same, is offered to users.

Foresteel™ is a registered trademark of FS Production OÜ, with registered address in Savimäe 8a, Vahi 60534 Tartu Estonia, VAT number/Tax code EE101875558 is an Estonian company. 

Customer support works on business days from 9.00 to 17.00 (GMT +2), excluding national holidays.
Phone: +372 5 34 74 97 7;
E-mail: info@foresteel.eu
Your e-mails will be replied within 5 business days.
Custumer support by phone in English and Estonian or by email.

USE AGREEMENT

1. General provisions

The application provides users with the opportunity to consult the product catalog, see features and prices, finalize the online purchase or request information by contacting the company.

1.1 The terms and conditions of this User Agreement (hereinafter the Agreement) between the customers (hereinafter referred to as the Customer) and the owner company FS Production OÜ apply to the legal relations arising from the purchase of goods from the e-store shopping environment www.foresteel.eu (hereinafter E-shop).

1.2 The terms of the agreement must not be in conflict with the legal norms of the Republic of Estonia and, if necessary (in the absence of disputes or information), they will be amended by these standards.

1.3 In addition to this Agreement, the relations between the Customers and the E-shop are regulated by the E-shop price list and established good practices.

1.4 The e-shop has the right to unilaterally change the terms and conditions of the contract and the price list of the Products for the purpose of efficiency, competition, further development or supplementation or restructuring of the Product portfolio.

1.5 Amendments to the Terms and Conditions and the Price List shall enter into force upon publication of this information in the E-Shop. If the Customer has submitted his order before the terms and conditions of the contract enter into force, the terms and conditions valid before the change of the terms and conditions shall apply to the Customer, unless otherwise provided by law or the terms and conditions of this agreement.

1.6 The use of the E-shop implies full acceptance of the Conditions by the Customer. Should the Customer not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the Customer shall not use the Application or the services related. The Owner may amend the Conditions at any time. 

2. Prices

2.1 The prices of the Products sold in the E-shop are presented in EUR (€ EURO) without transport costs and excluding VAT – e.g. business customer price. 

Value Added Tax (VAT) of 20% is added and shown in shopping cart view. Supplying an valid EU VAT identification number in cart checkout qualifies the customer as Business Customer (hereinafter Business Customer) and VAT is deducted on all export sales (outside of Estonia).

The Business Customer (Non-Consumer User) expressly acknowledges that the indication in the order of a VAT identification number qualifies him as a Business Customer.

2.2 The product images shown are for illustrative purposes only and may differ from the actual Product. The product descriptions in the online store may not be final and may contain unintentional errors.

2.3 Transport costs are added to the price of the products. The amount of transport costs is indicated on the shopping cart page and in the confirmation of the order sent by the E-store.

2.4 The transport price is calculated automatically based on the destination indicated by the Customer and the dimensions and weight of the Product.

2.5 If the Customer wishes to purchase more than one Product Item with one order in order to obtain a more favorable transport price, we recommend that the Customer contact the E-shop via e-mail at info@foresteel.eu.

2.6 The transport price is calculated automatically, provided that one order is for one destination. If the Customer wishes the Products to be delivered to different addresses, he/she must place separate orders or contact the E-shop at info@foresteel.eu.

2.7 The final cost of the order includes the price of the Product (s), transport costs and all taxes arising from the laws of the Republic of Estonia under this Agreement, but does not include any additional charges of destination Country chosen by the customer (customs duty, VAT liability, etc.).

2.8 The e-shop has the right to adjust prices without prior notice. If the Customer submitted his order before the price change took effect, the price indicated on the invoice will apply to him at the time of placing the order.

3. Purchase and payment of goods

3.1 In order to place an order or make a purchase, the Customer must enter complete and correct billing and shipping information.

3.2 The Customer’s Shopping Cart is created the moment he/she has clicked the “Add to Cart” button.

3.3 The Customer has the right to change the quantity of Products in the Shopping Cart and, if necessary, remove them from the Shopping Cart.

3.4 In order to confirm the order of the Products in the shopping cart and to complete the purchase, the Customer must press the “Send order” button.

3.5 Payment for the ordered goods:

3.5.1 Credit Card. The customer is automatically directed to pay by credit card through the STRIPE payment system. The customer pays 100% of the order amount immediately after making the purchase. After the payment is made, a payment confirmation will be automatically sent to the Customer’s e-mail address. This is also a confirmation of the order. The execution of the order will start and this agreement will be deemed concluded from the moment when the payment confirmation / order confirmation is sent to the Customer’s e-mail address.

3.5.2  Direct bank transfer (invoice; worldwide)

Make your payment directly into our bank account based on the invoice you receive after order confirmation. Please use your Order ID as the payment reference. Your order will not be shipped until the funds have cleared in our account.

After placing the order, a payment confirmation will be automatically sent to the Customer’s e-mail address. The Customer will receive a prepayment invoice within 2 working days with a payment term of 5 days and the Customer is obliged to check the accuracy of the data on the invoice. This agreement is considered concluded and the execution of the order will start from the moment when 100% of the total amount indicated on the invoice has been received in the bank account of the E-store. Failure to pay on time will result in automatic cancellation of the order and prepayment invoice.

Area specific payment alternatives. Currently different Banklink payment; Buy now, pay later!; SPLIT INVOICE and LEASE(Financing) options are available in BALTIC STATES region:

• Banklink payment – All Baltic States and Finnish banklinks available for easy and convenient payment.
• BNPL – Buy now, pay later! – Buy now, pay 30 days later. 0% interest, no extra cost or additional fees. With clicking “Place an order” button you will be redirected to payment provider button for safe and convenient payment process.
• ESTO 6 (Split invoice) – Split your invoice into 6 equal parts: 0% interest, no extra cost or additional fees. With clicking “Place an order” button you will be redirected to payment provider button for safe and convenient payment process.
• ESTO Lease (financing) – Use lease option to minimize monthly bills and spread your investment for upto 6 years. With clicking “Place an order” button you will be redirected to payment provider button for safe and convenient payment process.

3.6 It is possible to change the order before pressing the “Send order” button.

3.7 The customer can no longer change the order if the order confirmation has already been sent to his/her e-mail address. In order to make changes, the Customer must send a corresponding application to the e-mail address info@foresteel.eu before the E-shop administrator has sent information about the time of delivery of the Products to the Customer’s e-mail address. The prepayment for the canceled and not yet issued order will be returned no later than within 14 (fourteen) days from the receipt of the Customer’s application in the E-shop.

3.8 Administrator of the E-shop shall send information about the issue time of the Products and send an invoice for the order to Customer’s e-mail address in two working days since concluding the Contract.

4.   Dispatching and delivery of the Products

For quick overview of Dispatching & Delivery see webpage https://foresteel.eu/delivery/

Goods preparation time. What makes Foresteel products special, is that each Foresteel unit is tailored to customer configuration they submitted with the order. For that reason, each Foresteel product is assembled on order and combined with the options and accessories chosen by the customer. Due to Produce-to-Order nature of the business, delivery times vary and products are produced to customer order with production time upto 60 days. Following cases are most common:

1. In case of stock availability, the production assembly queue is 3-5 days, in which the order is assembled, checked, packed and prepared for delivery.
2. In case the product or components of the product are “Out of stock” or “Available on backorder”, the ordered goods shall be produced and issued no later than 60 (sixty) calendar days; In case of an order which is not deliverable immediately, the customer will be notified and will have an option of canceling their order.

4.1  Descriptions of the Products in the selection of the E-shop shall include the information about the availability of them from the warehouse of the E-shop:

4.1.1 “In stock” – Products present in the warehouse of the E-shop. The goods shall be dispatched in seven working days;

4.1.2 “Out of Stock” – Products being in production or to be supplied upon production. The ordered goods shall be produced and issued no later than 60 (sixty) calendar days;

4.1.3 “Available on backorder” – Products available to be produced to order. The ordered goods shall be produced and issued no later than 60 (sixty) calendar days;

4.2   Administrator of the E-shop shall send the carrier details of the Transporter and the tracking ID of the transport of the Products to the Customer by e-mail.

4.3   The information sent to the customer’s e-mail address regarding the dispatch of the Products is valid only if 100% of the order amount has been paid on the day of submitting the paid order. Delivery of the products to the Carrier is delayed by the number of days between placing the order and paying for it.

4.4   The E-shop is obliged to inform the Customer about the change of the delivery period as soon as possible after receiving the relevant information.

4.5   The customer is obliged to immediately notify the E-shop of any change of destination. If the transport order has been submitted to the Carrier by the E-store, it is no longer possible to change the destination.

4.6   The avoidance of delays and misunderstandings during the delivery of the goods depends on the accuracy and correctness of the information indicated in the order. The e-shop is not responsible for delays and misunderstandings in the delivery of the Products, if the delay or misunderstanding is due to the inaccuracy of the information provided in the order.

4.7   Products shall be delivered to the Customer by the Transporter on the basis of the delivery note. Before the acceptance of goods and signing the delivery note, E-shop recommends to revise the package of the Product. In the case of visible damages, E-shop recommends not to accept the goods before fixing the damage or defect. By signing the delivery note, Customer confirms that the package was correct at the moment of delivery or that he/she is satisfied to the condition of the package (goods are not damaged). For 

4.7.1   In case of receipt of damaged goods:

Photograph the damaged package next to the courier van. Photograph the damaged parts.

State in writing on the delivery note that the courier has signed: “subject to checking, goods visibly damaged or missing”. Photograph the aforementioned delivery note.

Immediately report the damage to FORESTEEL via e-mail (info@foresteel.eu) with a brief, and as most exhaustively as possible, description of the incident and attach the related images as indicated above.

4.8   Product in the damaged packaging should be returned to the Transporter or the information should be sent to the address info@foresteel.eu or call should be made on the phone +372 53 47 49 77.

4.9   The E-shop has entered into an agreement with the Transporter for the transportation of the Products, but this does not entail the obligation of the E-shop to hand over the Products to the Customer. The delivery obligation is deemed to have been fulfilled by the E-shop already at the moment of delivery of the goods to the Carrier (clause 4 of the Law of Obligations Act, Article 209).

5.    Returns Policy

For quick overview of Returns & Refunds see webpage https://foresteel.eu/refund_returns/

5.1   The customer has the right to return the Product within 14 days of receiving the goods (except for special orders, see clauses 5.9 and 5.10).

Exclusion of the right to withdrawal of Business Customer (Non-Consumer Users):

The Business Customer (The Non-Consumer User) is not entitled to withdraw from the contract of sale or delivery of the Products. The User expressly acknowledges that the indication in the order of a VAT identification number qualifies him as a Business Customer (Non-Consumer User).

5.2   In order to return the Product, the Customer must submit a written application for return (RMA form) which can be downloaded from below.

5.3   The Product to be returned must be unused and in perfect condition and the application for refusal must be sent in written to info@foresteel.eu or to the contact address in the above mentioned period (i.e. 14 days).

5.4   In the case the Product is returned, the amount paid for the Product (excluding transport expenses) shall be returned not later than in 14 (fourteen) days since the receipt of the goods in the warehouse of the E-shop provided that the application for refusal has been received by the E-shop in time.

5.5   E-shop shall cover the expenses of return in case the Product is with damages that could not be detected on the surface and that have not been caused by opening the package or in the case the Product is not compatible with that in the order of the Customer.

5.6   The E-shop may not accept the return if the Product is malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alteration, tampering or improper maintenance or wear and tear or absence of integral elements of the product (accessories, parts, etc.). In such cases, the E-shop will return the purchased Product to the sender, charging the shipping costs to the sender.

Furthermore, if the returned Product is damaged and the damage is caused by the Customer’s misuse or negligence, the E-shop reserves the right to deduct the decrease in the value of the Product from the amount paid by the Customer for this product. If the Client does not agree with the evaluation, he/she has the right to request the assessment of an independent expert in order to check the impairment or identify the violator.

5.7   In the case the Customer looses the interest in the Product because of longer delivery term, Customer shall have a right to cancel the order by an application sent to info@foresteel.eu. Prepayment made by the Customer shall be returned not later than in 14 (fourteen) days since the receipt of Customer’s application by the E-shop.

5.8   E-shop shall retain a right not to cancel the Customer’s order and not to accept the returned Product in the case the Product has been specially prepared for the Customer on the basis of special order.

5.9   Special orders are goods that have received adjustments or supplements not normally available on standard models or configurations of models that are not normally sold together.

5.10  E-shop shall retain a right to cancel the Customer’s order in the case the E-shop can not supply the Product for some reason and the Customer does not agree with the replacement Product offered by E-shop. Prepayment for the cancelled order shall be returned not later than in in 14 (fourteen) days since the receipt of the written notice of the E-shop at Customer’s e-mail address.

5.11 Optional form to exercise the right to withdrawal

The User can withdraw from the contract by using the following form, which must be completed in its entirety and sent to the e-mail address info@foresteel.eu before the withdrawal period has expired: 

“  I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________  Order number:_______  Date of the order: _______  Name and surname: _______  Address: ______  E-mail associated with the account from which the order was made: ____________________  Date: __________   “

6.    Time and procedure of filing complaints

For quick overview of Returns & Refunds see webpage https://foresteel.eu/refund_returns/

6.1 Pursuant to the Law of Obligations Act of the Republic of Estonia, the Customer has the right to file a complaint regarding the non-compliance of the Product with the terms of the contract within 2 (two) years from the receipt of the Product. Defects that have occurred during the first six months are presumed to have existed at the time of purchase and the nature of the defect is identified by the E-shop.

The complaint can be sent within 2 years by private customers and within 1 year by professionals with eligible VAT number, upon contacting info@foresteel.eu.

6.2 In the event of a defective product, the Customer is obliged to notify the E-shop of the problem by filling in the claim form or e-mail address info@foresteel.eu and provide the following information:

–      name and contact data;

–      date of complaint;

–      order confirmation number and invoice number;

–      serial number of the Product;

–      defect of the Product (detailed description of the defect, photos);

–      your claim to be submitted to the E-shop.

This statement must be sent no later than two months after the defect is discovered. In case of non-observance of this term, the Customer has no right to demand free repair of the Product or replacement of the part.

6.3 The e-shop is obliged to respond to the Customer’s claim in writing within 14 days.

6.4 In the case of manufacturing defects in the Product, E-shop is obliged to repair, replace or compensate the Product in the case the manufacturing defects have caused the Product to be unfit for use.

6.5 In case of replacement of a defective Product, the E-shop has the right to demand the return of the Product from the Customer.

6.6 The Customer has the right to demand a refund only if the repair or replacement of the Product is not possible or fails, or if the E-Shop unreasonably refuses or does not do so within a reasonable time after receipt of the request.

6.7 In case of reimbursement of an defective Product, the amount paid for the Product (including transport costs) shall be refunded no later than within 14 (fourteen) days from the day when the Product reached the warehouse of the E-shop.

6.8 E-shop shall bear no responsibility for:

6.8.1 damages caused to the Product through the fault or negligence of the Customer;

6.8.2 defects that have been caused by non-purposeful use of the Product;

6.8.3 natural physical wear in the case of normal use of the Product.

7.    Responsibility, Limitation of liability and force majeure

7.1   The E-shop and the Customer are liable to each other for the damage caused to the other party by violating the terms and conditions of the agreement in the cases and to the extent provided by the legislation of the Republic of Estonia.

7.2   Neither party is liable for the other party and its conduct will not be considered a breach of contract due to delay or non-performance of the obligation if the reason for the delay or non-performance was not under the control of the parties (coercive force).

7.3   E-shop shall not compensate the moral damage that can be caused to the Customer by the change of the delivery terms, prices and other conditions in the frame of these conditions.

7.4   E-shop shall not compensate Customer’s expenses that are caused by the circumstance that the Customer took the obligations for the third parties (independent from the E-shop) on the conditions in contradiction with these conditions.

7.5   E-shop shall not compensate to the Customer the unused possibilities arising from the change of delivery terms, prices and other conditions.

8. Registration

8.1 To take advantage of the features of the E-shop, the Customer shall register and provide, truthfully and completely, all data requested in the registration form and accept the privacy policy (https://foresteel.eu/privacy-policy/) and the Conditions. 

8.2 The Customer has the responsibility to keep login credentials. The login credentials shall be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them confidential and to ensure that no third party has access to them. Should the Customer suspect or become aware of any improper use or disclosure, he shall immediately inform the E-shop.

8.3 The Customer guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the E-shop harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the Customer of the E-shop registration rules or the storage of the login credentials.

8.4 The registered Customer can interrupt the use of the E-shop at any time and deactivate his account or request the cancellation through the E-Shop interface, if possible, or by sending a written communication to the e-mail address info@foresteel.eu or by calling the customer service. In case of violation by the Customer of the Conditions or of the applicable legal provisions, the E-Shop reserves the right to suspend or close the Customer’s account at any time and without notice.

9. Privacy

9.1   E-shop shall use the information submitted by the Customer only for the completion of the order from the Customer. E-shop shall not disclose the information received in course of the registration and purchase, except in the cases provided by the law. 

Our Privacy Policy is available linked https://foresteel.eu/privacy-policy/

9.2   If the Customer wishes, he/she has right to claim the deletion of his/her personal data from the database of the E-shop by e-mail to info@foresteel.eu.

9.3   In the issues not regulated by this Contract, the Customer and E-shop shall rely on the legislation of the Republic of Estonia and other acts regulating the relations between the parties.

9.4 Differences and disputes arising from the performance of the conditions of this Contract shall be solved by the parties primarily by negotiations. If the disputes arising from the Contract can not be solved by negotiations between the parties, the Customer and E-shop both have a right to address the Consumer Protection Board or Court.

10. Online dispute resolution for Consumer Users

The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Files: RMA FORM

Date updated 01/06/2022