2. Product information 

The products presented on Distream website represent Distream ordinary range of goods. In case of a inadequacy between terms, product information or prices stated on Distream website and in other publications, the information on the website shall prevail.

3. Prices and freight

Actual prices on products are available on Distream website which is updated in real time. The prices are in EUR and excluding VAT. Cost for freight will be added on each order according to Distream logistics costs.  Distream is entitled to change the prices without prior notification. Prices stipulated on the website are valid, if not otherwise has been agreed upon. 
Cost for freight will be added to all deliveries. For delivery of regular inventory goods cost for freight will be added as calculated according of Distream logistics costs. For non standard stock inventory and orders for export, the total freight cost is calculated when finalising the order where the weight is noted together with information regarding the extent of the order and if the parcel must be delivered on a pallet or other handling costs apply to delivery. All additional costs will be discussed with client prior sending final invoice.

4. Terms of payment and security

As of current terms, payments are possible to make only by wire transfer to Distream bank account. Other payment terms can be agreed  after examination of the client´s credit worthiness. Distream keep right to decline credit terms at its discretion. 
Any order has to be paid so that the order amount is accessible on Distream bank account no later than one (1) day from the date of order if not agreed differently. If payment is delayed Distream has the right to cancel order without any notice and goods wont be reserved to client.
If credit terms are agreed between Distream and client, client is obligated to transfer full amount of invoice until agreed due date. If payment is delayed, Distream has the right to apply late payment fees 1.7% on overdue payment for each late payment day. 
Distream charges an invoicing fee per invoice if the customer requests a paper invoice. Inaccuracies in an invoice from Distream must be claimed at the latest on the due date. If a claim or complaint is not made in time, the inaccuracy cannot be asserted against Distream.
The products remain Distream property until full payment has been made.
If there is reasonable doubt about the customer’s ability to pay, Distream has the right to shorten the period of credit, demand advance payment or other security precautions for future deliveries.

5. Order and order confirmation

By filling registration application  the client accepts these General Terms of Sale. By accepting the terms, the client undertakes to comply with the terms in full.
When ordering, goods from Distream, the client can use our B2B system for placing orders or place order directly with our representative by e-mail or other communication channel (Skype, Whatsapp etc.). When order is placed online, it will be confirmed automatically after receiving full payment on Distream bank account. If by the time when money arrived to Distream account, some of the items are not available, Distream will inform client about the current situation and will offer to revise order. Client has the rights to either accept proposal or cancel order. If client accept the change, Distream will refund difference or keep the difference on client account for next order. This has to be agreed for each situation individually. 

If Distream and client has agreed to other payment terms than immediate payment, orders will be confirmed manually, by our representatives. Order is confirmed once final invoice is sent from the system or directly to clients e-mail. The products remain Distream property until full payment has been made.

If payment is not received, our representative will contact client and will either cancel or propose to finalise order manually. If order is confirmed manually our  representative  will confirm order and acknowledge that the order is confirmed. Manual order is confirmed from Distream side after sending final confirmation email from system or directly to clients e-mail. Client has to confirm order from their side by replying to confirmation e-mail or by making full payment for order  to Distream's bank account if not agreed differently.
In connection with the order being dispatched from Distream warehouse, the client receives a final invoice  along with any other necessary documentation.

6. Delivery

Delivery is made by carrier or delivery firm engaged by Distream with the following delivery terms: DAP. Under the Delivered At Place (DAP) Incoterms rules, the seller is responsible for delivery of the goods, ready for unloading, at the named place of destination. The seller assumes all risks involved up to unloading.. 
Any other delivery terms has to be agreed before goods depart from Distream warehouse.
Distream does not carry any responsibility for delivery being delayed, regardless if the delay depends on delay by the carrier, delay or back order by the product manufacturer or any other circumstance.

*Distream states that there is free delivery for orders over 5000eur. This statement applies only to EU company orders.  If order is placed outside EU, delivery costs will be applied if not otherwise agreed!

8. Transport damages

Upon receiving the products, the customer shall examine the products that have been delivered. Transport damages shall be reported to the transporter and Distream. You can contact Distream primarily by e-mail. Transport damages shall be reported on the day of delivery upon receiving and signing for goods, and note that on CMR, waybill, courier system (electronically) if there is no documents with delivery. Hidden transport damages that have not been discovered or that should not have been discovered upon delivery, shall be reported as soon as possible and under all circumstances, within a three (3) days from receipt of delivery. If the customer does not report the transport damage in accordance with the General Terms of Purchase, the Customer forfeits its right make any claim regarding the transport damage.

9. Complaint

Upon receipt of the delivery, the customer must check the delivered products. To have a right to claim that a delivery was defective, the customer shall make a complaint to Distream immediately after the defect was discovered and in no event later than ten (10) days from the date of invoice, and agree with Distream further steps to solve the raised situation.
In case of a complaint, the customer shall contact Distream, preferably via e-mail or client portal sending message to according invoice on Distream website with full description of the complaint. Please observe, that sending a request  does not mean that Distream has approved the complaint. The request will be evaluated and Distream will contact customer with proposal to according situation. 
If it is agreed that customer will return damaged/defected products,  the return cost to Distream must be paid by customer. Furthermore, the order number, the invoice, information about damages/defects and a detailed description of the fault shall accompany the product. (Usually distream will provide external document that has to be filled and attached to shipment with all before mentioned references). If the return costs are not paid or the requested information is missing, the product will be returned to the customer. Returned goods shall be returned well packed in an acceptable packing (for example in brown corrugated paper carton). In case of transport damages due to a faulty packing the product shall be returned to the customer. Distream reserves the right to make a control of the returned product and also the right to a charge if the product is shown not to be defective and the complaint therefore is not accepted. If product turns out not defective, customer is obligated either pay for transport, or pickup products on his own.

10. Warranty

Warranty on goods is provided by the manufacturer of the product. Distream provides no further warranties in excess of respective manufacturer’s specified warranty terms.

11. Liability for defects

If there are any defects that Distream is responsible for, Distream undertakes to, at its sole discretion, resolve the defect by repair, redeliver or repay the purchase price. Distream has the right to refer the customer directly to respective manufacturer or to service workshop referred to by the manufacturer in order to resolve the defect. Additional rights for the customer may be given by the respective manufacturer´s own warranties directed to the final customer.  
Distream responsibility when a product is defective is limited to what is stated above and the customer cannot make further claims against Distream due to defects. Distream is not, under any circumstances, liable for indirect damages or consequential damages, such as production loss or missing profit, or other damages due to impossibility or difficulty to use computers or information, or for loss of data. Distream accumulated liability is in any event limited to the total invoice amount for the defective product.

12. Technical support

For technical support and user support, Distream has the right to refer the customer to the respective product manufacturer and also, if applicable, to third party’s payment support.  Please observe, that support may be in English for some manufacturers and that in some cases support is only provided via e-mail or websites.

13. Links to third party websites

Links on Distream website enables visitors to leave Distream website. The linked websites are not controlled by Distream and Distream carries no responsibility what so ever for the content on such websites or the content in the links on such websites. Distream provides these links only to facilitate the finding of the websites and the providing of a link does not mean an approval from Distream of the website in question.

14. Website and intellectual property rights

The content on Distream website is owned by Distream or its licenser. The information is protected by marketing law and laws regarding protection of intellectual property rights, which mean that trademark, firm name, product name, pictures and graphic, design, layout etc. are not to be copied or in any other way used without Distream prior written consent. Printouts or other copying of material is allowed for own, private, non-commercial use. It is forbidden to copy, save or in any other way reproduce, process, change, transmit, transfer, in other ways utilize or exploit material or parts thereof without Distream prior written consent.

15. Customer account

Login information (username and password) to customer accounts on Distream website shall be handled so that the information does not come to unauthorized persons´ knowledge. 
By giving its login information to somebody else, the customer thereby confirms that such person has the right to place orders in the customer’s name and that the customer is liable for payment for such orders in relation to Distream. 
For customer accounts that belong to juridical persons, all of the individuals that have access to the login information are seen to be competent to place orders on behalf of the customer. If a customer suspects that someone has unauthorised access to the customer´s login information, the customer shall immediately notify Distream thereupon and change its password. 
Distream website use two factor autentifcation which is recommended to secure customers account.

16. Personal data 

When Distream is the personal data controller.
When Distream is processing personal data on behalf of the customer the following shall apply.
When a customer orders products and services, Distream will process personal data about the customer’s contact persons (“business representatives”) for the purposes and on the terms set out in Distream General terms.
By creating a business account at Distream, the customer confirms that the customer has informed the business representatives about Distream process of their personal data and that the customer has obtained their consent to the process.

18. Governing law and disputes

These General Terms of Sale shall be governed by the substantive law of Estonia. Any dispute, controversy or claim arising out of or in connection with these General Terms of Sale, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Estonia Arbitration Court. 
The rules for simplified and expedited arbitrations shall apply, unless the Estonia Arbitration in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the normal arbitration rules shall apply. In the latter case, the Estonia Arbitration shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. 

19. Disclaimer of liability

Distream shall not be liable for the omission or delay in fulfilling Distream obligations under the agreement to the extent performance is made impossible or is materially hindered or is subject to a material cost increase due to circumstances beyond Distream reasonable control, including but not limited to, war-like events, riots or revolts, disruptions in public connections, import or export regulations, changes in law and regulations or in the interpretation thereof, acts of authorities, strike, lockout, blockade or other labour disputes, fire, explosions or other accidents, epidemics, pandemics, any natural phenomenon or defects and delay in the delivery by sub-contractor due to the above mentioned circumstances.
For the avoidance of doubt, the disclaimer includes covid-19 pandemic or another epidemic or pandemic or any of their subsequent consequences affecting Distream suppliers’ or sub-contractors’ ability to supply or to supply at the agreed price or time.