Terms of sale and use

1. Service provider

The ProTrackEst e-shop and GPS tracking service are provided by FIATINVEST OÜ (registry code 16307628). The service provider's full contact details are given in section 13.

General information: info@protrackest.ee. Customer support: tugi@protrackest.ee, phone +372 502 0071. Phone support is available on weekdays from 10 to 16.

These terms govern the purchase and rental of GPS devices and the use of the GPS tracking service. A consumer is a natural person who enters into the contract outside their trade, business or profession. Special terms may be agreed in a written offer or contract with a business customer. These terms do not limit the consumer's statutory rights.

2. Products, prices and ordering

Product characteristics, price, availability and installation terms are presented on the product page. Prices are in euros. Prices shown to private customers include VAT. Delivery costs and other agreed additional charges are shown before the order is confirmed.

To order, the customer chooses a device and either purchase or rental, enters the required details and chooses from the offered payment and delivery methods. Before confirming the order, the amount of the first payment, the subsequent monthly fee and any minimum contract period are displayed. Confirming the order creates an obligation to pay.

In the e-shop the contract is concluded when the order is placed, once the customer has confirmed the order with the button indicating an obligation to pay. Confirmation of the order and the contract is sent to the customer's e-mail. The version of the terms in force at the time of the order is provided in the confirmation e-mail or as an attachment to it. In the case of a special offer for a business customer, the contract is concluded as described in the offer.

If an order cannot be fulfilled, we will contact the customer and agree on a replacement product or another solution. If no agreement is reached, we will refund the money paid for the unfulfilled order.

3. Payment and invoices

The purchase price of the device, together with any rental prepayment and delivery cost specified in the order, is paid when the order is placed, unless otherwise agreed in the offer. The payment methods actually available are shown in the shopping cart. If payment by bank transfer is offered, the customer is given the details required for payment and the payment deadline.

The monthly GPS service or rental fee can be paid on the basis of an invoice sent by e-mail or by automatic monthly card payment, if that option is available when ordering. The payment method chosen by the customer is confirmed in the order or service confirmation. The billing arrangements for a business customer may be set out in a separate offer.

When paying by invoice, the invoice is sent to the e-mail address provided by the customer. The invoice is due seven calendar days from the date of issue, unless otherwise agreed in the order or in a written offer.

Automatic card payment takes place on the basis of the customer's prior express consent. Before consent is given, the amount and frequency of the payment and the payment date of the first paid period are communicated. Subsequent payments are made once a month in accordance with the confirmed billing arrangements. ProTrackEst does not store full card details; card payments are processed by the payment service provider.

To change the payment method or revoke authorisation for automatic card payments, the customer can contact customer support. Revoking card payment authorisation alone does not terminate the GPS service or rental contract and does not release the customer from payment obligations that have already arisen. The procedure for terminating the contract is described in section 7.

If a payment fails or an invoice is not paid by the due date, we notify the customer and grant a further reasonable period for payment. Suspension of the service or termination of the contract due to late payment takes place as permitted by law and after appropriate notification.

An invoice or other proper purchase document is issued to the customer for the purchase and the monthly fees. The order confirmation is not presented as confirmation of a completed payment until the payment has been confirmed.

4. Purchasing a device and the start of the GPS service

Ownership of a purchased device passes to the customer after full payment of the purchase price and handover of the device.

The price of a purchased device includes the first month of the GPS service. The standard price of the service after that is 11.90 euros per month per device including VAT. The volume price agreed with a business customer is shown in the offer or in the order summary.

The service period, and the first service month included in the purchase price, start when the device is activated for the customer. If the device is configured or activated before dispatch, the customer's service period does not start until the device has been handed over to the customer and the customer has the access required to use the service. Factory testing or testing by ProTrackEst does not constitute the start of the customer's service period.

The activation date and the billing arrangements are communicated to the customer by e-mail. The billing period is one month from the service start date, not automatically a calendar month. If the corresponding month has no such date, the last day of the month is used. After the first month included in the price, the service continues on a monthly fee basis until the contract is terminated.

ProTrackEst arranges the creation of the customer account and the linking of the device to the customer account. Instructions and access details are sent to the customer.

5. Renting a device

A rented device remains the property of FIATINVEST OÜ. The rental fee includes the GPS service and, according to the standard price list, is 15.90 euros per month per device including VAT, unless otherwise agreed in the order or in a business customer's offer.

A private customer's rental is concluded for an indefinite period and is billed monthly. The first month's rental fee is paid in advance when the order is placed. The monthly period starts from the start of the customer's service as described in section 4, and subsequent monthly fees are invoiced each month.

For business customers there is no three-month minimum rental period and billing is monthly, unless otherwise agreed in the offer. The private customer's three-month minimum period does not limit the statutory right of withdrawal or the right to terminate the contract extraordinarily.

The customer uses the device with due care and in accordance with the instructions. A rented device may not be sold or passed on to a third party without ProTrackEst's consent. Normal wear and tear is permitted. In the event of loss of the device or damage caused by the customer, the actual proven damage and the law apply.

6. Delivery and installation

The delivery method, delivery area, delivery cost and estimated delivery time are shown when ordering. Unless a different deadline has been agreed, the order is fulfilled within 30 days at the latest. We notify the customer of any delay in delivery, and the customer's rights remain in force to the extent provided by law.

OBD plug-in and self-powered devices can generally be installed without modifying the vehicle's wiring. Installation of a wired device and connection of additional functions may require a separate agreement and fee. Installation is included in the order price only if it is stated in the order or the offer.

A wired device must be installed by a competent person in accordance with the requirements of the specific device and vehicle. The necessary user information is supplied with the device.

7. Ordinary termination of the service and rental

To terminate the GPS service or rental, the customer sends a request to tugi@protrackest.ee. To identify the contract, please state the customer's name and the order or device details.

The contract ends at the end of the billing period for which at least 30 calendar days remain from receipt of the termination request. If fewer than 30 days remain until the end of the current period, the contract ends at the end of the next suitable billing period. The ordinary termination time may therefore be longer than exactly 30 days.

A private customer's rental cannot be terminated in the ordinary way before the end of the three-month minimum period. The request may already be submitted during that period in order to end the rental at the end of the minimum period, provided the 30-day notice period is met. The customer's statutory rights of withdrawal and extraordinary termination remain in force.

We confirm the contract end date and the last period to be paid to the customer. The service remains available until the end of the paid period, unless the customer wishes to close it earlier. Ceasing to use the service earlier does not automatically reduce the fee for the agreed ordinary termination period.

A purchased device remains with the customer after the service is terminated. An active service is required to use the tracking functions.

When a rental contract ends, the customer returns the device and the accessories handed over to them within 14 calendar days. To arrange the return, please contact customer support at tugi@protrackest.ee to agree on a suitable return method. In the case of ordinary termination of a rental, the customer bears the transport cost of the return, unless otherwise agreed. Waiting for an agreement with customer support does not limit the right to submit a statutory withdrawal notice.

8. Use of the tracking service

The devices are tracked via the web environment gps.protrackest.ee and the JusTrack mobile app. The functions available to the customer depend on the device model, the installation and platform support. The features described on the product page are part of the offer; not all devices have the same functions.

The operation of the service may be affected by mobile network coverage, satellite signal, power supply, battery condition and the operating environment. A GPS device does not guarantee that an asset will be found or that theft will be prevented in every situation. This does not exclude ProTrackEst's liability to the extent provided by law.

The customer keeps their login details secure and grants access only to authorised users. If the data of the tracked vehicle or asset makes it possible to identify an employee or another person, the customer must have an appropriate legal basis for the tracking and the persons concerned must be properly informed. Ordering the service alone does not give the right to track another person's movements.

Details of the processing of personal data are set out in ProTrackEst's privacy policy. Service disruptions can be reported to customer support. We give advance notice of necessary maintenance where possible. In the event of a defect in the service, the customer's statutory rights remain in force.

9. The consumer's 14-day right of withdrawal

A consumer may withdraw from a contract concluded in the e-shop within 14 days without giving a reason. For a device sales contract, the period is calculated from receipt of the device. For a service or rental contract, the period is calculated from the conclusion of the contract. If the purchase includes a separate GPS service, the period arising from the nature of that contract applies to it.

To withdraw, the consumer may submit an unambiguous statement to info@protrackest.ee or use the withdrawal function on the website. Please state your name and the details required to identify the contract. Withdrawal does not depend on ProTrackEst's prior approval. We confirm receipt of the statement by e-mail without delay.

The device must be returned within 14 days of submitting the withdrawal statement. To arrange a suitable return method, please contact customer support. Unless another method is agreed, the device may be sent or handed over to the address given in section 13. The direct cost of returning the goods is borne by the consumer unless we have agreed otherwise; the cost of returning defective goods is handled in accordance with the law.

The consumer may examine the device to the extent necessary to establish its nature, characteristics and functioning. The consumer may be liable for any proven diminished value resulting from use beyond that extent. Opening the packaging or trying the device does not automatically remove the right of withdrawal.

In the event of withdrawal we refund the payments received under the contract, including the cost of the cheapest standard delivery offered, without delay and no later than 14 days after receiving the withdrawal statement. Where a refund depends on the return of goods, we may wait until we have received the goods or proof that they have been sent back. The refund is made using the same payment method, unless otherwise agreed with the consumer.

To start the GPS service, rental or installation during the withdrawal period, we ask the consumer for a separate express request to start. If the consumer then withdraws within the period, they may be obliged to pay a proportionate amount permitted by law for the service actually provided, provided that the relevant information and consent requirements have been met. No separate service fee is charged for the free first month of GPS service included in the price of a purchased device. Starting the service alone does not automatically end the right of withdrawal.

A business customer does not have the consumer's 14-day right of withdrawal without giving a reason, unless such a right has been separately agreed.

10. Defects and complaints

Please report any defect in the device or service to customer support, describing the problem and including the details needed to identify the order and the device.

The seller is liable for the non-conformity of goods sold to a consumer in accordance with the law, generally for two years from handover of the device. The consumer must notify a defect within two months of discovering it at the latest. We respond to a consumer's written complaint within 15 days at the latest. If no solution is found within that time, we explain the reason for the delay and give a new reasonable deadline.

In the case of a justified defect, we follow the statutory procedure for repair, replacement, price reduction and withdrawal from the contract. The costs of remedying the defect are borne by the seller to the extent provided by law. Separate commercial warranty terms are provided if such a warranty is given; a warranty does not replace or limit statutory rights.

11. Changes to prices and terms

New orders are subject to the prices and terms presented at the time of ordering. An existing contract is not changed retroactively.

The price of an ongoing monthly service or rental may be changed for a justified change in costs, for example a change in the cost of the communication or platform service, the costs necessary to provide the service, or taxes. The size of the change must be proportionate to the reason. We notify the customer of a change in the monthly fee by e-mail at least 30 calendar days in advance, stating the reason for the change, the new price and the date it takes effect.

If the customer does not agree with the new price, they may terminate the contract before the change takes effect so that it ends no later than the day before the new price takes effect. In that case the ordinary termination notice period and the rental minimum period restriction do not apply. Any unused prepayment is refunded to the corresponding extent and a rented device is returned as described in section 7. The price of a private customer's three-month minimum rental period that has already been prepaid is not increased during that period.

Other material changes to the contract are made by agreement of the parties or on a basis permitted by law. The consumer's rights are not limited by unilateral changes to the terms.

12. Dispute resolution

In the event of a dispute, please first contact us at info@protrackest.ee. If no agreement is reached with a consumer, the consumer may turn to the Consumer Disputes Committee or the courts. These terms are governed by Estonian law, without depriving the consumer of the mandatory statutory rights applicable to them.

13. Service provider details

FIATINVEST OÜ
Registry code: 16307628
VAT number: EE102760390
Address: Sooviku, Lindi küla, Pärnu linn, Pärnu maakond, 88302, Estonia
E-mail: info@protrackest.ee
Customer support: tugi@protrackest.ee
Phone: +372 502 0071
Phone support on weekdays from 10 to 16.