1. General Provisions
1.1. These Terms and Conditions (hereinafter – the Rules) constitute a legally binding agreement between the buyer (hereinafter – the Buyer) and Xoltra OÜ (hereinafter – the Seller) operating the online store mekulo.com.
1.2. These Rules govern the rights, obligations, and responsibilities of the Parties regarding the purchase and sale of goods in the online store.
1.3. The Seller reserves the right to change or supplement these Rules at any time. Changes shall take effect from their publication on the online store’s website and shall apply only to purchases made after their publication.
1.4. The Buyer is also subject to the Seller’s Privacy Policy, available at: https://mekulo.com/nl/privacybeleid/
1.5. By using the online store, the Buyer confirms that they have read and agree to comply with these Rules and the Privacy Policy.
2. Conclusion of the Purchase and Sale Agreement
2.1. The purchase and sale agreement between the Buyer and the Seller is deemed concluded once the Buyer selects goods, provides the necessary information, agrees to these Rules, and confirms the order.
2.2. The Seller may refuse or cancel orders suspected of fraud, unauthorized use of payment methods, or other unlawful actions. In such cases, any payments made will be refunded.
3. Rights of the Seller
3.1. The Seller may temporarily or permanently suspend the operation of the online store due to important circumstances without prior notice.
3.2. The Seller may restrict or suspend the Buyer’s access to the online store if the Buyer attempts to compromise its security, stability, or operation.
3.3. The Seller reserves the right to cancel an order where a clear pricing, technical, or system error has occurred. Payments made will be refunded.
3.4. The Seller may refuse service or cancel an order if fraudulent activity is suspected or if incorrect information is provided by the Buyer.
4. Seller’s Obligations
4.1. The Seller undertakes to ensure the availability and proper functioning of the online store as described in these Rules.
4.2. The Seller undertakes to deliver goods according to the Buyer’s selected delivery method and these Rules.
4.3. If the Seller cannot deliver the ordered goods due to unforeseen circumstances, the Seller may terminate the agreement after informing the Buyer. The Buyer may accept a replacement or request a refund within 14 working days.
4.4. If the Buyer withdraws from the contract according to these Rules, the Seller shall refund the Buyer within 14 days of receiving the returned goods
4.5. The Seller may withhold a refund until goods are returned or proof of return is provided.
4.6. In cases where the Buyer does not return the goods, returns only part of the goods, or returns goods that have been used more than necessary to establish their nature, characteristics, or functioning, the Seller reserves the right to:
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- issue a partial refund, reflecting the diminished value of the goods or the portion of goods returned,
- withhold the refund amount corresponding to the unreturned goods,
- deduct any reduction in value resulting from handling beyond what is permitted under EU consumer protection laws.
5. Buyer’s Rights
5.1. The Buyer has the right to purchase goods in accordance with these Rules.
5.2. The Buyer has the right to withdraw from the purchase agreement within 14 days without giving any reason.
5.3. The Buyer may exercise this right only if the goods are not damaged, used excessively, or significantly altered in appearance.
6. Buyer’s Obligations
6.1. The Buyer must pay for goods and accept them as outlined in these Rules.
6.2. If the Buyer refuses to accept goods without a valid reason, the Buyer must cover return costs.
6.3. Upon delivery, the Buyer must inspect the shipment together with the courier or Seller’s representative.
6.4. The Buyer must provide accurate information when placing an order. The Seller is not responsible for failed delivery due to incorrect Buyer details.
6.5. The Buyer agrees not to:
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- scrape, extract, or collect data from the Seller’s website by automated means,
- interfere with or attempt to interfere with the website’s functioning,
- use the website for unlawful purposes.
7. Prices of Goods
7.1. All prices are shown in euros and exclude VAT unless stated otherwise.
7.2. Delivery fees, where applicable, are added at checkout.
7.3. In the event of a pricing error, the Seller may cancel the order before dispatch.
8. Ordering and Payment
8.1. To place an order, the Buyer selects goods, adds them to the shopping cart, and provides necessary data: name, surname, delivery address, phone number, and any additional delivery information.
8.2. By confirming the order, the Buyer agrees to these Rules and the Privacy Policy.
8.3. Payments may be made using the methods provided in the online store.
9. Delivery of Goods
9.1. The Buyer must provide an accurate delivery address.
9.2. Goods must be accepted by the Buyer personally. Delivery to the provided address is considered proper delivery.
9.3. Goods are delivered within the time specified in the checkout page unless stated otherwise.
9.4. Due to differences in device screens, the Seller is not liable if product colors or shapes differ slightly from expectations.
9.5. If the Buyer withdraws from the contract, the Seller shall refund all amounts paid by the Buyer, including standard delivery fees, subject to the following conditions:
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- Refunds may be withheld until the goods are returned to the Seller.
- Refunds may be reduced if the goods have been used beyond what is necessary to inspect their nature, characteristics, or functionality, or if they have been damaged.
- Refunds may be reduced if seller and buyer come to an agreement on exact return amount.
- All refunds will be processed within 14 days of receiving the returned, in accordance with EU consumer protection laws.
9.6. Risk & Title Clause:
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- Risk of accidental loss or damage to the goods passes to the Buyer upon delivery to the specified address.
- Title to the goods passes to the Buyer only after full payment is received.
10. Return of Goods
10.1. Goods of satisfactory quality may be returned within 14 days from receipt. Defective goods shall be repaired, replaced, or refunded in accordance with Estonian law.
10.2. When returning goods of satisfactory quality, the following conditions apply:
10.2.1. Goods must be returned in their original, undamaged packaging (except defective goods).
10.2.2. Goods must not be damaged by the Buyer.
10.2.3. Goods may only be used to the extent necessary to inspect their nature and functionality; otherwise, their value may be reduced.
10.2.4. Goods must be returned in the same condition as received (except defective goods).
10.2.5. The Seller may refuse returns if these conditions are not met.
10.2.6. Goods must be returned as instructed by the Seller within 14 days.
Returns are handled in accordance with the Estonian Consumer Protection Act and the Law of Obligations Act, which govern the Buyer’s right to withdraw from the contract, return goods, and receive refunds.
10.4. Refunds for returned goods shall be issued within 14 days unless agreed otherwise.
10.5. The Buyer may withdraw from the contract within 14 days without giving a reason.
10.6. To withdraw, the Buyer must send a clear written statement to info@mekulo.com.
10.7. The Buyer must return the goods within 14 days of submitting the withdrawal notice.
10.9. The Seller shall refund all payments, including standard delivery costs, within 14 days of withdrawal. The Seller may delay the refund until goods are received.
10.10. All returns should be sent to the following address:
Xoltra OÜ
Vienybės g. 5, Šilalė, 75129, Lithuania
Email for returns inquiries: info@mekulo.com
Please ensure that goods are securely packaged to prevent damage during return shipment.
11. Disclaimer of Warranties
11.1. To the fullest extent permitted by applicable law, the online store and all goods are provided “as is” and “as available”.
11.2. The Seller does not warrant that:
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- the website will operate uninterrupted or error-free,
- product descriptions or images will always be accurate due to technical limitations,
- third-party services (e.g., couriers, payment processors) will perform without interruption.
11.3. Mandatory consumer rights under EU and Estonian law remain fully applicable and are not limited by this clause.
12. Limitation of Liability
12.1. To the fullest extent permitted by law, the Seller is not liable for injuries or damages caused by improper use of the goods or defects originating from the manufacturer. Mandatory consumer rights under EU law remain unaffected.
12.2. The Seller’s total liability for any claim related to the purchase agreement shall not exceed the amount paid by the Buyer for the relevant order.
12.3. The Seller is not liable for delays, loss, or damage caused by third-party delivery services.
13. Intellectual Property
13.1. All content on the online store, including text, images, graphics, logos, and software, is the property of the Seller or its licensors.
13.2. The Buyer may not reproduce, distribute, modify, or use any content from the website without prior written permission.
14. Data Retention and Compliance
14.1. The Seller processes personal data in accordance with the GDPR and the Seller’s Privacy Policy.
14.2. Personal data may be used for order processing, delivery, accounting, fraud prevention, and customer service.
14.3. Data may be shared with third parties such as payment providers and delivery companies only to the extent necessary to fulfill the order.
14.4. Personal data is retained only for the period required by law or for legitimate business purposes.
15. Force Majeure
15.1. Neither Party shall be liable for failure to fulfill obligations due to force majeure circumstances, including but not limited to: natural disasters, wars, strikes, pandemics, government restrictions, cyber-attacks, failures of third-party services, or other events beyond the Party’s reasonable control.
15.2. Obligations shall be suspended for the duration of the force majeure event.
16. Severability Clause
16.1. If any provision of these Rules is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire Agreement Clause
17.1. These Rules, together with the Privacy Policy and any order confirmation, constitute the entire agreement between the Buyer and the Seller.
17.2. No other verbal or written representations shall modify these Rules unless expressly agreed in writing.
18. Final Provisions
18.1. These Rules are governed by the laws of the Republic of Estonia.
18.2. Disputes shall first be resolved through negotiation; failing that, they shall be handled according to Estonian law and under the jurisdiction of Estonian courts.
18.3. Nothing in these Rules limits the Buyer’s mandatory rights under EU consumer protection laws.
Company Information:
Seller / Company Name: Xoltra
Legal Entity Type: OÜ
Registered Address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145
Company Registration Code: 17392056
Email: info@mekulo.com
Website: mekulo.com/nl