Terms of service
General Terms and Conditions of Sale - Smart Marine OÜ
Welcome to Smart Marine OÜ, an online store specializing in marine equipment. By accessing or using our website and purchasing our products, you agree to be bound by these Terms and Conditions. Please read them carefully before making any purchase. If you do not agree to these terms, please refrain from using our services.
1. General Information
1.1 Company Name: Smart Marine OÜ
1.2 Company Address: Rästa 5/2, 13425 Tallinn, Estonia
1.3 Contact Information: info@smartmarine.ee | Phone: +356 9984 5637
1.4 Company Registration Number: 14108534
1.5 Jurisdiction: These Terms are governed by the laws of the Republic of Estonia and the European Union.
2. Eligibility
2.1 By purchasing products from Smart Marine OÜ, you confirm that you are at least 18 years old or have legal permission from a guardian to enter into a contract.
2.2 Our products are available to customers in all countries where the sale and shipment of marine equipment are legal.
3. Products and Services
3.1 Smart Marine OÜ offers a wide range of marine equipment, including but not limited to navigation systems, communication equipment, safety gear, and related accessories.
3.2 Product descriptions, images, and specifications are provided for informational purposes only. While we strive for accuracy, we do not warrant that product descriptions or other content are error-free.
3.3 Some products may require professional installation or commissioning. Smart Marine OÜ is not responsible for damages resulting from improper installation by the buyer or third parties.
3.4 Custom and Specially Ordered Products: The following are considered custom or specially ordered products and are subject to specific cancellation and return restrictions (see Section 6):
- Products ordered specifically from the manufacturer or supplier for the buyer's order and not held in Smart Marine OÜ's standard stock;
- Products configured, programmed, or calibrated to vessel-specific or buyer-specific requirements (e.g., ECDIS configurations, radar settings, VDR setups);
- Products where procurement from the supplier has been initiated based on the buyer's confirmed order;
- Products with software licenses activated or registered for a specific vessel or buyer.
4. Orders and Payment
4.1 Order Process: To place an order, select the products you wish to purchase and follow the on-screen instructions. Once the order is placed, you will receive a confirmation email. An order confirmation does not constitute acceptance of the order — the contract is concluded upon dispatch of the goods or upon written confirmation by Smart Marine OÜ.
4.2 Payment Method: All payments must be made by invoice. Upon placing an order, an invoice will be sent to your email address.
4.3 Invoice Payment Terms: Full payment is due within 7 days from the date of the invoice unless otherwise agreed in writing.
4.4 Pricing: Prices are listed in multiple currencies. Prices for Estonian customers include VAT. For customers outside Estonia, VAT may not apply depending on the destination country and applicable tax regulations. Prices are subject to change without prior notice but confirmed orders will be honored at the agreed price.
4.5 Late Payment: In the event of late payment, Smart Marine OÜ reserves the right to charge interest at the rate of 0.05% per day on the outstanding amount. Delivery of goods may be withheld until full payment is received.
4.6 Payment Security: We ensure that all personal and financial information provided is handled securely in compliance with industry standards.
5. Shipping and Delivery
5.1 Shipping Countries: We ship to all countries where the sale and transportation of marine equipment are legal.
5.2 Shipping Costs: Shipping fees vary depending on the destination, weight, and size of the order. The total shipping cost will be detailed on the invoice.
5.3 Delivery Times: Delivery times vary by country and are provided as estimates only. Smart Marine OÜ is not responsible for delays caused by customs, shipping carriers, or other circumstances beyond our control. Unless otherwise agreed, delivery shall be made within 30 days of receipt of payment.
5.4 Customs and Duties: Buyers outside the EU are responsible for any customs duties, taxes, or fees applicable to their country.
5.5 Shipping Restrictions: We do not ship to countries under EU, UN, or other applicable international sanctions or embargoes, or where the import of our products is prohibited.
5.6 Risk of Loss: The risk of loss or damage to goods passes to the buyer upon delivery to the carrier, unless otherwise agreed. For consumer purchases within the EU, risk passes upon physical receipt by the buyer.
5.7 Inspection upon Delivery: The buyer must inspect the goods upon delivery and notify Smart Marine OÜ of any visible damage or shortage within 5 business days of receipt.
6. Returns, Cancellations, and Right of Withdrawal
Consumer Purchases (Private Individuals)
6.1 Right of Withdrawal: In accordance with EU Directive 2011/83/EU and Estonian law, consumers purchasing at a distance have the right to withdraw from the purchase within 14 days of receiving the goods, without giving any reason. To exercise this right, the buyer must inform Smart Marine OÜ of their decision by a clear statement (e.g., email to info@smartmarine.ee).
6.2 Exceptions to the Right of Withdrawal: The right of withdrawal does not apply to:
- Goods made to the consumer's specifications or clearly personalized;
- Sealed goods which are not suitable for return due to health or hygiene reasons and have been unsealed after delivery;
- Goods which, after delivery, are inseparably mixed with other items.
6.3 Return Conditions: Returned items must be unused, in their original packaging, and in resalable condition. The cost of return shipping is the responsibility of the buyer unless the return is due to a defect or error on our part.
6.4 Refunds: Once the returned item is received and inspected, we will process a refund to the original payment method within 14 days. We may withhold the refund until we have received the goods back.
Business Purchases (B2B)
6.5 B2B Returns: The 14-day right of withdrawal does not apply to purchases made by business entities. Returns for business orders are handled on a case-by-case basis and may be subject to a restocking fee of up to 25% of the order value.
6.6 Cancellations — Standard Products: Orders for standard stock items may be cancelled before dispatch at no charge. Once goods have been dispatched, the buyer may return them under the applicable return policy.
6.7 Cancellations — Custom and Specially Ordered Products (as defined in Section 3.4): Orders for custom or specially ordered products cannot be cancelled once the order has been confirmed by Smart Marine OÜ. If the buyer nonetheless requests cancellation, the buyer shall be liable for all costs already incurred by Smart Marine OÜ, including but not limited to:
- Purchase costs of goods already ordered from manufacturers or suppliers;
- Shipping, handling, and logistics costs incurred;
- Any restocking or return fees charged by the manufacturer or supplier;
- A minimum cancellation fee of 25% of the order value to cover administrative and processing costs.
6.8 Cancellation of Orders in Progress: For orders where procurement or production has been initiated but goods have not yet been dispatched, Smart Marine OÜ will make reasonable efforts to cancel the upstream order. However, if cancellation of the upstream order is not possible, the buyer remains responsible for the full order value.
6.9 Defective Goods: If goods are defective or do not conform to the order, the buyer must notify Smart Marine OÜ in writing within 14 days of discovery. We will arrange for repair, replacement, or refund at our discretion.
7. Warranty and Liability
7.1 Legal Guarantee: Under Estonian and EU law, consumers are entitled to a minimum 2-year legal guarantee for goods. If a defect becomes apparent within this period, the consumer may request repair, replacement, price reduction, or a refund.
7.2 Manufacturer's Warranty: Some products come with an additional manufacturer's warranty. The length and terms of this warranty may vary depending on the product and manufacturer. Details are provided in the product description or documentation.
7.3 Limitation of Liability: Smart Marine OÜ is not liable for any indirect, incidental, or consequential damages resulting from the use of our products or services. Our total liability is limited to the amount paid for the product in question.
7.4 Exclusions: Warranty and liability claims do not cover damage resulting from normal wear and tear, misuse, improper installation, unauthorized modification, or failure to follow manufacturer instructions.
8. Intellectual Property
8.1 All content on the website, including text, images, logos, and designs, is the intellectual property of Smart Marine OÜ or its licensors. You may not reproduce, distribute, or use any content without express written permission.
9. Data Protection and Privacy
9.1 We value your privacy and are committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Estonian Personal Data Protection Act. Please refer to our Privacy Policy for detailed information on how we collect, use, store, and protect your personal information.
9.2 By placing an order, you consent to the processing of your personal data for the purpose of fulfilling the contract and as described in our Privacy Policy.
10. Dispute Resolution
10.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the Republic of Estonia.
10.2 Applicability of EU Consumer Rights: The consumer protection provisions in these Terms (including the 14-day right of withdrawal, 2-year legal guarantee, and dispute resolution through TTJA/ODR) apply exclusively to consumers who are natural persons residing within the European Union, Norway, Iceland, or Liechtenstein. Buyers outside the EEA are subject to Estonian commercial law and the specific terms of their order; EU consumer protection regulations do not apply.
10.3 Amicable Resolution: Any disputes arising out of or in connection with these Terms shall first be resolved through amicable negotiations.
10.4 Consumer Disputes: EU/EEA consumers may submit complaints to the Consumer Disputes Committee at the Consumer Protection and Technical Regulatory Authority (TTJA), Endla 10A, 10142 Tallinn, info@ttja.ee, www.ttja.ee. Consumers may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
10.5 Jurisdiction: If a dispute cannot be resolved through negotiation or alternative dispute resolution, it shall be subject to the exclusive jurisdiction of the courts of Estonia.
11.1 Smart Marine OÜ shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, sanctions, strikes, pandemics, supply chain disruptions, or government actions.
12. Changes to the Terms
12.1 Smart Marine OÜ reserves the right to modify or update these Terms at any time. Any changes will be posted on this page, and the date of the latest revision will be indicated at the top of this document. Your continued use of our website and services constitutes your acceptance of any revised Terms.
13. Contact Information
If you have any questions about these Terms or any other inquiries, please contact us at:
Smart Marine OÜ Rästa 5/2, 13425 Tallinn, Estonia Email: info@smartmarine.ee Phone: +356 9984 5637 Registry code: 14108534