- NATURE AND GENERAL PROVISIONS OF THE WEB PLATFORM (g5test.stair24.com)
- These ordering conditions of Aru Grupp AS (registry code 10108425, located at Rakvere tee 12, Hulja, Kadrina Parish 45203, Lääne-Viru County, Estonia, hereinafter also the Manufacturer) (hereinafter also the Ordering Conditions) apply to all persons (hereinafter also the Customer or Consumer) who use the web platform at g5test.stair24.com (hereinafter also the Web Platform), order goods from the web platform, including by concluding a sales contract for the purchase of goods on the web platform.
- STAIR24 is a Web Platform where the Manufacturer sells custom-made stairs and stair details according to the choices made and dimensions entered by the Customer (hereinafter the Product).
- When regulating the mutual relations, the Manufacturer and the Customer shall be guided by the agreement in the Order Conditions and in matters not regulated in the Order Conditions also by the Law of Obligations Act and other laws and legislation in force in the Republic of Estonia.
- The Products are sold on the Web Platform to both natural (consumers) and legal (business) persons. The Customer who is a natural person must be at least 18 years old. By submitting the order, the Customer confirms that he or she is at least 18 years old.
- In the interests of better and safer use of the STAIR24 Web Platform, the Manufacturer has the right to amend and supplement these Order Conditions, price list and technical information. Amendments and supplements to the order conditions and price list shall enter into force on the day of publication of the respective amendment or supplement. If the Customer forwarded his or her order before the amendments to the terms came into force, the Order Conditions in force at the time of forwarding the order shall apply to the legal relationship between the Customer and the Manufacturer, unless otherwise provided by law or the Order Conditions.
- PRODUCTS SOLD ON THE WEB PLATFORM, ORDERING PRODUCTS AND CANCELLING AN ORDER
- On the Web Platform, the Customer sells custom-made wooden stairs and stair details, which are intended for household use, heated interiors, where the temperature is between +10 and +30 C and the relative humidity is between Rh = 25… 65%.
- The products are order-based and the Products are not in stock. The Product is generally manufactured on the basis of the Customer’s order at the Manufacturer’s location.
- The images displayed on the Web Platform (incl. photographs, 3-D models and drawings) are for illustrative purposes only and may differ from the actual Product. Product descriptions may not be exhaustive.
- When ordering a Product, the Customer must complete all pages 1-7 (product information) and 8-11 (services, delivery, delivery time, payment method and order summary information) displayed on the website. Filling in the information fields on the ordering page requires attention and focus. The Customer undertakes to provide true information about his or her order when placing an order. The Manufacturer shall not be liable for improper execution, non-execution of the order or any consequences thereof due to incorrect data provided by the Customer.
- After placing an order on the Web Platform, the Customer’s order information will be sent to the Customer’s e-mail address STAIR24 directly from the Web Platform. The Customer undertakes to pay 50% of the total amount of the order in advance within one (1) working day. If the order is paid for in installments, payment will be made in accordance with the hire purchase agreement and schedule. NB! Each installment is a financial liability. Before concluding a hire purchase agreement, read the terms of the respective service and, if necessary, consult an expert.
- Within one (1) working day after taking (receiving) the dimensions of the Products, the Manufacturer shall send to the Customer by e-mail, in accordance with clause 3 of the Order Conditions, a corrected final Order Confirmation containing a scale drawing of the selected staircase and exact technical information. If the stairs are measured by a measurer selected by the Customer, the Customer must submit the correct measurements together with the order, after which the Manufacturer will send to the Customer by e-mail within one (1) working day from the receipt of the advance payment or the confirmation of the conclusion of the hire purchase agreement by e-mail to the Customer a corrected final Order confirmation containing a scale drawing of the selected staircase and precise technical information. The Customer undertakes to review the confirmation of the Order and return it with his or her confirmation of suitability to firstname.lastname@example.org within one (1) working day following, so that the Manufacturer can stay within the promised delivery schedule.
- The price and delivery time promised by the manufacturer on the Web Platform are valid only if clauses 2.5 and 2.6 of the Order Conditions are met. By fulfilling these clauses, it is considered that a sales contract has been entered into between the Manufacturer and the Customer within the meaning of the Law of Obligations Act.
- The Manufacturer has the right to cancel the Customer’s order and invoice if:
- The Manufacturer has not received a confirmation of the conclusion of the prepayment or hire purchase agreement from the Customer within five (5) days from the submission of the order on the Web Platform;
- The Customer withdraws from the hire purchase agreement;
- Checking the Customer’s order data by the Manufacturer reveals that it is technically not possible to fulfill the order. In this case, the Manufacturer will refund the prepayment to the Customer within three (3) workdays;
- The Customer has not confirmed the Order confirmation sent by the Manufacturer within five (5) days or contacted to agree on new conditions. In this case, the Manufacturer will refund the prepayment to the Customer within fifteen (15) days from the cancellation of the order by the Manufacturer. The Manufacturer has the right to deduct from the refundable prepayment the cost of compiling a drawing prepared in the scale of the stairs chosen by the Customer, which is 10% of the total amount of the order.
- After the confirmation of the Order confirmation sent by the Manufacturer and the receipt of the prepayment by the Customer, the Parties cannot cancel or change the order. The Manufacturer produces all orders according to the Customer’s wishes and specifications, and all orders are special orders. Therefore, the Customer has no right of withdrawal after concluding the Sales Contract.
- MEASUREMENT OF PRODUCTS
- The measurement of the stairs is performed by a professional carpenter sent by the Manufacturer or chosen by the Customer, who, in addition to the necessary skills and tools, has complete information about the norms and requirements (legislation) applicable to the stairs (incl. stair details) at the site.
- If the measurement is performed by the Manufacturer’s representative, the Manufacturer is responsible for the measurement and the acceptance of the necessary concessions due to the specifics of the site is confirmed by the Customer in writing with the confirmation of the Order. The Customer is responsible for the compliance of the stair dimensions with the applicable legislation and/or the acceptance of concessions arising from the specifics of the site.
- The staircase is measured and produced according to the smaller dimensions of the stairwell.
- When measuring the stairs, the final size walls and at least the subfloor must be ready. Walls and floors must be level and angles at 90°.
- If the Customer orders a measurement from the Manufacturer, the Customer undertakes to ensure that the measurer has access to the site and a safe working area.
- The Customer must provide the measurer with at least the following information:
- Locations of structures in the walls, on the basis of which the measurer decides whether the staircase can be fixed to the walls or whether the staircase is designed on support posts;
- Locations of all communications within the stair installation area;
- Final floor height measurements if the floors are not ready at the time of measurement.
- The agreements made when surveying the stairs are made in writing at the site and the data is reflected in the Order confirmation, which is the basis for the production of the stairs. No changes can be made to the agreed conditions after the order has been confirmed.
- If the design and parameters of the Product change during the measurement of the stairs, the price of the Product will change accordingly, which will be reflected in the Order confirmation and is the basis for the production of the stairs. No changes can be made to the agreed conditions after the order has been confirmed.
- The price of stair surveying is calculated so that the site is measured with one visit. If the measurement cannot be performed in one visit due to the site and an additional visit is made, an invoice for additional work will be submitted to the Customer for payment.
- PRODUCT PRICES AND PAYMENT
- All prices of the Product indicated on the Web Platform are in euros and include VAT.
- If the Customer has also selected also a transport, measurement and/or installation service, the prices of the selected services will be added to the price of the Product, which is calculated and displayed on the Web Platform in the Customer’s shopping cart.
- Payment of the final amount for the Product will be made before the delivery of the goods by the payment deadline specified in the order confirmation. Ownership of the Products will be transferred upon final payment for the Products.
- In case of delay in payment of contractual payments, the Manufacturer has the right to demand from the Customer interest on arrears at three times the statutory amount for each calendar day of delay in payment, but not more than 100% of the total cost of the ordered Product and works.
- PRODUCT DELIVERY TIME, TRANSPORT CONDITIONS.
- The delivery time of the Product depends on the type of the Product and the complexity of the ordered Product. The delivery time is displayed to the Customer on the Web Platform separately when completing each order. The delivery time is binding if the Customer has adhered to the schedule of activities related to payment and order confirmation.
- Delivery time is determined with weekly accuracy, which means the week when the Customer receives the Product. In the case of an order with an installation service, the delivery time is considered to be the week of the installation of the Product on the site. The Customer is obliged to accept the Product or ensure the acceptance of the Product upon arrival of the delivery time.
- During the delivery time, the Manufacturer manufactures the Product ordered by the Customer and depending on the selected services, the Manufacturer arranges the transportation of the Product from the Manufacturer’s location to the location specified by the Customer or loading at the Manufacturer’s factory.
- The Products shall be delivered to the Customer who has ordered the transport service by the Manufacturer himself/herself or by the transport service provider ordered by him/her.
- Subsequent change of the destination presented in the order can be done by the Customer only in agreement with the Manufacturer and for an additional fee, as this requires the submission of a new order.
- All Products for which the Customer has ordered transport as an additional service are insured from the time of delivery from the Manufacturer to the carrier until the moment of delivery to the Customer.
- In the event of an insured event during the provision of the transport service, the Manufacturer will repair the Product or, if repair is not possible, replace the Product or the damaged Product parts with new. The delay related to the insured event shall not be considered a breach of contract by the Manufacturer, provided that the repaired or replaced Product reaches the Customer within a reasonable period of time starting from the moment of occurrence of the insured event.
- Also, exceeding the delivery time by the Manufacturer shall not be considered a breach of contract by the Manufacturer if the delay of the Manufacturer is due to third parties (including the transport service provider) or due to obstacles beyond the Manufacturer’s control, e.g., natural disasters, export and import bans, etc., force majeure.
- The product is handed over to the Customer by the carrier together with the delivery note. The delivery of the ordered Product will take place only to the Customer indicated in the order upon presentation of a document. The Product will be transferred to third parties only if the Customer and the Manufacturer have agreed in writing in advance.
- Before signing the delivery note, the Customer undertakes to inspect the packaging of the Product and, in case of external damage, to make a corresponding note to the carrier’s delivery note. The Customer undertakes to take photos of the Product with damaged packaging and to immediately forward the photos with an explanation to the e-mail address email@example.com.
- The Product will be delivered to the address agreed by the carrier with unloading, but without carrying the Product into the building (unless otherwise agreed). Upon forwarding the order, the Customer must inform the Manufacturer of all special requirements and/or conditions concerning transport and unloading. If necessary, the Manufacturer and the Customer agree in advance that the Customer will assist the carrier in unloading the Product.
- After handing over the Product to the Customer and signing the delivery note by the Customer, the risk of accidental destruction and damage of the Product passes to the Customer.
- The Customer undertakes to inspect the Product immediately upon receipt and to notify the Manufacturer of any visible damage within 15 days of receipt of the Product.
- Products must be stored and handled indoors and in such a way as to exclude the possibility of mechanical damage.
- If the carrier fails to deliver the Product to the Customer due to reasons depending on the Customer (cannot contact the Customer) or the waiting time for unloading is extended due to the Customer, the Manufacturer has the right to charge the Customer an additional fee according to the tariffs applied by the carrier, a waiting time fee or an additional fee for storing the Product in accordance with clause 11.5.
- PRODUCT INSTALLATION
- The Product is not intended for independent installation by the Customer. The installation of the Product must be performed either by the manufacturer or by a professional and experienced carpenter selected by the Customer, who, in addition to the necessary skills and tools, has complete information about the requirements and standards for stair installation at the site.
- If the Customer orders a Product installation service from the Manufacturer, the Customer undertakes to ensure:
- access to the site must be guaranteed and the installer’s vehicle can be parked at no extra cost;
- a safe working area must be ensured on the site;
- the entire stairwell must be cleared before installing the stairs;
- The floors of the site, which remain on the work front, must be covered to prevent injuries (if the covering has not been ordered together with the installation service). The Manufacturer is not liable for any damage resulting from uncovered flooring.
- sufficient space must be provided on site for the storage of tools and stair details (the size of the area will be agreed during the survey).
- If the Customer has chosen the installation, the Customer also ensures the subsequent utilization of the packaging material.
- The Customer is aware and accepts that the installation of the stairs may cause minor damage to the finished walls. Repairing such damage is not part of the stair installation service.
- Works that are not listed in the order confirmation are not included in the standard stair installation package. The following works are not included:
- covering stairs;
- releasing the work front and covering the floors;
- covering the edge of the false ceiling with a strip;
- covering the connection between the last step and the floor;
- removal or installation of various skirting boards.
- When installing the stairs, a gap of 3 mm is left between the wall and the stair structure. If the stairwell is not rectangular or the walls are curved, the actual difference may be different than planned.
- If the staircase is installed at the request of the Customer in unheated and/or excessively humid rooms (Rh over 65%, temperature> + 10… 30 ° C, Rh = 25… 65%) or in rooms where construction works causing excessive humidity take place later, a corresponding note must be made in the instrument of acceptance and the product will void the warranty.
- The price of stair installation is calculated in such a way that the work is done in one installation visit. If the works cannot be completed in one go due to the object and an additional installation visit takes place, an invoice for additional works (based on the hourly price) will be submitted to the Customer for payment.
- If, during installation, the customer discovers faults and/or defects in the packaged products that were not visible from the outside (i.e., which could not be detected when the packaged products were handed over), the customer undertakes to fix the problem and prove it with photos immediately when removing the products from the packaging and before installing the products.
- The completed works will be accepted by the Customer or his/her representative, for which the instrument of acceptance of the Works will also be signed. If the Customer or his or her representative does not appear at the site upon completion of the works, the site shall be deemed accepted. Subsequent claims for mechanical damage to the Product or site will not be accepted.
- Defects shall be noted in the instrument of acceptance and the defects shall be rectified by the Manufacturer within a reasonable time.
- PRODUCT QUALITY ASSESSMENT, PERMITTED TOLERANCES
- The functionality of the stairs is checked by walking up and down the stairs along the stairway line.
- The visible quality of the stair details is assessed by visual inspection from a distance of 2 meters.
- Quality is assessed in the light of a 60w incandescent lamp without reflector.
- The screw holes for fixing the stairs are not standardized and the locations depend on the capabilities of the site.
- If heating or moisture sources are installed under the stairs, the Manufacturer shall not be liable for any damage caused by the movement of the wood material of the stair details.
- Permitted tolerances:
- the tone of natural wood may change over time;
- some variation in shade on stained or varnished details due to differences in wood texture;
- Carrying out the necessary finishing repairs during installation, there may be some difference in the gloss level with the factory finish. The result is assessed by visual inspection from a distance of 2 meters;
- structural differences due to the nature of natural wood and smaller cracks due to changes in room humidity and low sound when stepping;
- Few cracks in stair details wider than 400 mm due to the nature of natural wood (stair platforms).
- Oak and ash wood details with cracks 30 mm long and up to 3 mm deep.
- Permitted tolerances:
|Stair detail/deviation type||Permitted tolerance|
Step height general
First step height
± 15 mm
Last step height
+5 mm -10 mm
Incline of the step in the longitudinal direction
Incline in the measured trajectory
Surface deviation (unevenness) for measuring lengths up to 1000 mm
- NOTIFICATION OF NON-COMPLIANCE OF THE PRODUCT WITH THE CONTRACT AND RIGHT TO SUBMIT A COMPLAINT
- Wood is a natural material that can vary in pattern/texture and color. The Manufacturer does not guarantee that one Product is 100% identical to another.
- The Manufacturer is responsible for the non-compliance of the Products with the terms of the contract, if the non-compliance existed at the time of the transfer of the risk of accidental destruction and damage to the Customer.
- In the case of a Product that does not comply with the terms of the contract, the Consumer Customer has the right to submit a complaint to the Manufacturer within two (2) years from the receipt of the installation work, but not later than within fifteen (15) days from the discovery of the defect.
- Complaints may be made about defects in the design, manufacture and materials of the Product.
- The term for submitting a complaint is considered from the delivery of the Product to the Customer.
- The basis for submitting a complaint is the final confirmation of the Product Order.
- Complaints must be submitted in writing to firstname.lastname@example.org.
- The complaint must be submitted on the complaint form, the language choice according to the Customer’s confirmation of the Order for the Product subject to complaint.
- The Manufacturer is not responsible for Product defects:
- caused by accidental or intentional damage to the Product by the Customer;
- caused by non-observance of the product manual; or for defects that have occurred as a result of irregular use of the Product;
- normal physical wear and tear of the Product during normal use.
- MANUFACTURER’S WARRANTY (WARRANTY CONDITIONS)
- The basis of the conformity guarantee is the contract between the Manufacturer and the Customer (Order confirmation). The warranty does not extend to persons not specified in the contract or to a location other than the place of delivery under the contract.
- Repairs performed during the warranty period do not extend the warranty period originally granted. The warranty period of the Product replaced or repaired during the warranty period will continue according to the original contract.
- The warranty period starts from the delivery of the Product to the Customer or, if the contract includes installation, from the receipt of the installation work and is valid for two 2 years.
- The warranty is valid if the Product is installed by a professional carpenter using techniques and tools required by good construction practice or applicable standards and requirements for the installation of such Product.
- If the product is found to be non-compliant or defective, the Customer must submit a written complaint within two (2) years no later than within fifteen (15) days as of the discovery of the defect.
- The warranty does not extend to:
- the defects of the Product that are within the permitted tolerance;
- The product has been used in unheated rooms or rooms where the temperature is not constantly between + 10… + 30C;
- The product has been used in non-residential premises (i.e., in buildings with a heavier load of use than a household);
- the defect has not been notified to the Manufacturer within fifteen (15) days from the occurrence of the defect;
- defects caused by accidental or intentional damage to the Product after receipt of the Product by the Customer;
- defects caused by non-observance of the instructions for use and maintenance of the Product or defects that have arisen as a result of irregular use of the Product;
- normal physical wear and tear of the Product during normal use.
- The Product is installed in a room where the environment has been either too moist for a short or long time (wood moisture rises above 16%) or too dry (wood moisture falls below 8%);
- After the Product has been handed over to the Customer, the Product or part thereof has been affected by physical external influences (shock, pressure, displacement of support structures, vibration, etc.);
- damage caused by the movement of wood material (cracks, visible change in texture) if heating or moisture sources (for example, underfloor heating, humidifier, etc.) are placed under the stairs;
- defects caused by storage or use of the Products in environmental conditions (water, temperature, high humidity, dust, accidental shocks, mechanical effects, partial solar radiation falling on the parts) not intended for that purpose;
- defects related to installation, if the Product has not been installed by the Manufacturer or his or her representative.
- The advertised product or part has been treated in an inappropriate manner, e.g., cleaned with a corrosive substance, a tape has been used that has left marks on the surface, the surface has been sanded, milled, etc.
- The product or detail under complaint is covered with tape or step cover supplied or installed by the Manufacturer for more than six (6) weeks.
- The product or detail under complaint is covered with tape, step cover or other non-stair product that was not supplied by the Manufacturer.
- The Customer’s complaint shall not be resolved under the warranty if the Manufacturer proves that the defects of the Product have occurred due to the Customer’s fault.
- Aru Grupp AS has not been paid 100% for the order confirmation or submitted invoices.
- The Manufacturer is obliged to perform an expert examination at the request of the Customer or, if necessary, to order an independent expert examination in order to find out the causes of a defect in the Product – as a rule, the expert examination is performed by the Manufacturer or an expert selected by the Manufacturer. If the examination reveals that the Product is in order or the defect is not covered by the Manufacturer’s warranty, the Customer shall pay the examination costs.
- The costs incurred by resolving a warranty case raised without a reason (including in cases where the defect is not caused by the Manufacturer or the warranty conditions of the Product have been violated) shall be paid by the Customer. In such a case, the Manufacturer has the right to issue an invoice to the Customer for the work performed by the Manufacturer himself or herself or ordered from a third party in accordance with the valid price list of the contractor.
- In case of a warranty event by the Manufacturer and if it proves impossible to repair the Product or its production has been discontinued, the Manufacturer reserves the right to replace the Product with an equivalent one.
- MANUFACTURER’S AND CUSTOMER’S LIABILITY
- If the Customer suffers damage due to the wrongful act or omission of the Manufacturer, the Manufacturer shall be liable for the direct property damage caused to the Customer to the maximum extent equal to the value of the Contract.
- In case of delay in delivery due to the fault of the Manufacturer, the Customer has the right to demand a contractual penalty from the Manufacturer, the amount of which is equal to three (3) times the statutory interest rate from the price of the Contract for each day of delay.
- The manufacturer’s liability in case of non-conformity of the Products and Works only covers the repair or replacement of defective Products and Works. In no event shall the Manufacturer be liable for any costs or damages (including costs or damages incurred by third parties) incurred in repairing or replacing the defective Product or Works. In the event of a breach of the contract, no indirect damage (incl. loss of income) or non-pecuniary damage that may occur to the Party shall be subject to compensation.
- The Parties shall be released from liability if performance of the Contract proves impossible due to force majeure. The party which has become aware of the occurrence of force majeure has the obligation to notify the other party immediately. Performance of the contract shall be postponed for the duration of the force majeure period. If force majeure applies to a Party for more than ninety (90) days, both parties have the right to cancel the contract without obligation to pay compensation for any damages to the other Party.
- If the Customer does not accept the Product within the term specified in the Order Confirmation, the Manufacturer has the right to demand from the Customer a storage fee of 0.5% of the product cost per day for storage of the Product in the Manufacturer’s warehouse.
- If the Customer does not pay the final amount for the Product by the deadline specified in the Order confirmation, the Manufacturer has the right to withdraw from the Contract exceptionally fifteen (15) calendar days after the due date. In the event of exceptional withdrawal from the Contract in the case specified in this clause, the advance payment paid by the Customer remains a contractual penalty for the Manufacturer and the Manufacturer has the additional right to sell the Product ordered by the Customer without asking the Customer for approval. If the costs of realization of the Product exceed the contractual penalty specified in this clause, the Manufacturer has the additional right to demand compensation from the Customer for the costs incurred in the course of realization.
- If the Product has not been delivered to the Customer within six (6) months from the arrival of the delivery time in circumstances independent of the Manufacturer, the Manufacturer has the right to withdraw from the Contract exceptionally. In the event of exceptional withdrawal from the Contract in the case specified in this clause, the advance payment paid by the Customer remains a contractual penalty for the Manufacturer and the Manufacturer has the additional right to sell the Product ordered by the Customer without asking the Customer for approval. If the costs of realization of the Product exceed the contractual penalty specified in this clause, the Manufacturer has the additional right to demand compensation from the Customer for the costs incurred in the course of realization. The part of the purchase price exceeding the contractual penalty will be returned to the Customer.
- The Manufacturer has the right to set off interest receivables, storage fees and claims against amounts paid by the Customer.
- SETTLEMENT OF DISPUTES
- If the Customer has any complaints regarding the Product or services, they must be sent by e-mail to email@example.com or by phone: +372 3295 714.
- If the Customer and the Manufacturer are unable to resolve the dispute by agreement, the Customer can turn to the Consumer Disputes Committee https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon/esita-avaldus-komisjonile or to the Viru County Court. Disputes are resolved in accordance with the legislation in force in Estonia.
- MANDATORY AND BINDING NATURE OF THE ORDER CONDITIONS
- It is mandatory for the Customer to read the Order Conditions before concluding the transaction.
- By submitting the order, ticking the appropriate window “I agree with the Order Conditions” confirms that the Customer has read the Order Conditions, has understood the content, agrees with the conditions and wishes to enter into a contractual relationship with the Manufacturer under these conditions.
- In the event of any inconsistency between the provisions contained in the Conditions and other agreements, the other agreements shall prevail.
These ordering conditions are valid from 28.04.2021