GENERAL CONDITIONS OF THE AS OLEREX CUSTOMER LOYALTY CARD CONTRACT
GENERAL CONDITIONS OF THE AS OLEREX CUSTOMER LOYALTY CARD CONTRACT
Valid from 17 April 2017
1. Definitions
1.1. Card – an electronic means of payment based on either prepayment (debit card) or credit (credit card), which is valid for payment for goods or services at all Olerex filling stations and the filling stations of Olerex’s partners. The Card can be used for purchasing only the goods and services permitted by the Card type.
1.2. Customer – a person with whom a contract has been concluded and to whom Olerex has issued a Card.
1.3. Contract – an agreement regarding the use of the Card concluded between Olerex and the Customer.
1.4. Transaction – Sale of goods and provision of services to the Customer and payment for them using the Card.
1.5. Credit Limit – the agreed limit amount in euros, within which the Customer can make transactions.
1.6. Prepayment – a sum of money transferred by the Customer to Olerex’s bank account, within which the Customer can make Transactions with a prepayment Card.
1.7. PIN code – the secret identification number used to authorise the Card, given to the Customer upon issuing the Card.
1.8. Cooperation partner’s filling station – a filling station that services Olerex's card.
2. The Card and using it
2.1. At manned filling stations, the Customer shall be obliged to present the Card to the customer assistant and to sign a purchase receipt or enter the PIN code. At automatic filling stations, the Customer shall be obliged to enter the PIN code to the reader in the payment terminal. A correctly entered PIN code shall be deemed as the Customer’s digital signature.
2.2. Upon concluding a Transaction, the customer assistant shall be entitled to request that the user of the cCrd would present a personal identification document and/or the registration certificate of the vehicle.
2.3. The PIN code of the Card is confidential, it shall be known only to the Customer and is issued to the Customer upon delivering the Card.
2.4. The Customer shall be obliged to keep the PIN code separately from the Card, not to record it in an easily identifiable form and not to disclose it to third persons.
2.5. The Customer shall be obliged to keep the Card away from mechanical injuries, high temperatures, strong electromagnetic fields and to prevent it from falling into the possession of third persons.
2.6. Olerex shall be entitled to block the use of the Card if the PIN code has been entered incorrectly three times in a row, if the Customer has not fulfilled their payment obligations or upon exceeding the Credit Limit or using up the Prepayment amount. Olerex shall not be liable for damages arising from blocking the use of the Card.
2.7. The Card shall be valid until the deadline noted on it. After the arrival of the deadline, the Card shall be replaced, unless the Customer has not used the Card for the past 3 (three) months and the Customer has not submitted a written application for receiving a new Card. Also Olerex shall be entitled to block the Customer’s Card after the passing of 3 (three) months if the Customer has not made any Transactions with the Card.
2.8. The Customer shall be obliged to immediately notify Olerex of the Card and/or PIN code having been lost, stolen or fallen into the possession of third persons. The Customer shall be obliged to immediately notify of the Card having been lost, destroyed or fallen into the possession of third persons by phone +3726100100 and to send a corresponding written application to the address kaart@olerex.ee for closing the Card. The Card shall be opened upon a written application of the Customer within 24 hours as of the receipt of the application. Olerex shall not be liable for damages caused to the Customer due to closing the Card.
2.9. The Customer’s Credit Limit shall be in compliance with their actual consumption. On the basis of a written application submitted by the Customer, Olerex shall be entitled, but not obliged, to increase and/or unilaterally decrease the Customer’s Credit Limit, depending on the total amount of the Transactions made by the Customer with the Card. The Customer shall be obliged not to exceed the Credit Limit and not to make payments with the Card when the Credit Limit has been used up. Olerex shall be entitled to not calculate the contractual discount from the purchases that exceed the Customer’s Credit Limit. Upon exceeding the Credit Limit, the Customer shall be obliged to pay to Olerex the amounts that exceed the Credit Limit.
2.10. Olerex reserves the right to decrease or cancel the Credit Limit of the Customer and prevent the use of the Card if Olerex learns of circumstances after the agreement on the Credit Limit which provide a reasonable basis for assuming that the Customer will not or will be unable to perform the payment obligation. Upon cancellation of the Credit Limit for reasons specified in clause 2.10, Olerex has the right to demand that the Customer performs contractual obligations immediately.
2.11. Should the Customer exceed the Credit Limit, not use the Card pursuant to clause 2.7 of the Contract, and/or breach payment obligations, Olerex shall be entitled to block the Customer's Cards. Upon blocking the use of the Card, Olerex shall be entitled to implement additional conditions on revoking the block, including the right to demand payment of debts. Olerex shall not be liable for possible damages caused to the Customer due to blocking the Card.
2.12. Upon the expiry of the Contract and or receiving a new Card, the Customer shall be obliged to return the old Card to Olerex.
3. Settlements and payment obligation
3.1. Transactions shall be registered with the retail price valid at the filling stations and a purchase receipt reflecting the prices shall be issued to the Customer. Contractual discounts shall be calculated and implemented upon issuing the invoice to the Customer at the Olerex card centre.
3.2. Contractual discounts shall not apply during special promotions. Olerex shall notify the Customer of special promotions and the terms and conditions of special promotions at the website www.olerex.ee, at Olerex fuelling stations, or in another manner.
3.3. A fixed price is a price specified by Olerex for a certain period of time. Fixed prices shall be changed under the procedure agreed upon by Olerex and the Customer.
3.4. Upon a Transaction made with a Prepayment Card, Olerex shall be entitled to reduce the Customer’s Prepayment according to the value of each Transaction. If more Transactions have been made with the Prepayment Card than is the Prepayment amount, the Customer shall be obliged to also pay for the Transactions exceeding the Prepayment. A Prepayment Card shall be opened within 24 hours as of the Customer’s balance becoming positive.
3.5. Olerex shall issue to the Customer an invoice including a statement of the Transactions of the previous calculation period within 7 days as of the end of the calculation period. The invoice not being submitted on time shall not exempt the Customer from payment obligations. If the Customer has not received an invoice, the Customer shall be obliged to immediately notify the Olerex card centre and Olerex shall reissue the invoice.
3.6. The Customer shall pay for the purchases made with the Card in the extent and by the payment deadline specified on the invoice by making a bank transfer to the bank account specified by Olerex or in cash to a cash register of an Olerex filling station, referring in the payment order to their customer number and/or invoice number. The Customer shall be obliged to pay for all Transactions made with the Card, including Transactions exceeding the Credit Limit that were made possible due to a failure in the communication lines or some other reason.
3.7. Upon a delay in fulfilling financial obligations, Olerex shall be entitled to not to implement the contractual discounts on purchases, block the Cards issued to the Customer until the fulfilment of the obligations and to demand from the Customer a default interest of 0.15% of the overdue amount per day for every day of delay.
3.8. The amounts to be paid under the Contract shall be deemed to cover firstly the default interest and then the main debt starting from the earlier debt. The order of fulfilling the described obligations shall be valid regardless of the unilateral will of the Customer.
3.9. Any complaints regarding the invoice shall be submitted along with documents proving the claim within 7 days as of the date of issue of the invoice. Later complaints shall not be taken into consideration. Regardless of contesting an invoice or the settlement of any other dispute and the submission of any complaints, the Customer shall be obliged to pay the invoice(s) to Olerex on time.
3.10. In case of Transactions made outside of the Republic of Estonia, the purchases shall be converted into euros on the day of making the transaction. The exchange rate shall be the transfer sales exchange rate of the commercial bank used by Olerex; a service fee* shall be added to the invoice.
4. Liability
4.1. Upon not fulfilling contractual obligations or fulfilling them improperly, the Customer and/or Olerex shall be entitled to implement all legal remedies provided by the Contract and/or legislation.
4.2. The Customer shall be obliged to pay to Olerex all the expenses related to not fulfilling their obligations or fulfilling them improperly, including all expenses related to collecting a claim. Olerex shall be entitled to demand a service fee* for issuing any debt reminders, warning letters or any other such letters to the Customer.
4.3. Upon the Card having been lost, stolen and the PIN code becoming known to third persons, the Customer shall be liable for all Transactions made with the Card.
4.4. Any complaints regarding the quality of the goods shall be submitted immediately after identifying the deficiency, but not later than within 7 days as of purchasing the goods from an Olerex filling station, whereas the prerequisite for any possible compensation being paid by Olerex is the submission of documents certifying the Transaction. Later complaints shall not be taken into consideration.
4.5. Olerex shall not be liable for the quality of the products/services purchased with the Card at the filling stations of any cooperation partners. Any claims against a cooperation partner cannot be claims against Olerex.
4.6. The parties shall not be liable for fulfilling their contractual obligations upon the occurrence of force majeure or amendments in legislation.
5. Contract validity, cancellation and amendment of conditions
5.1. The Contract shall enter into force as of the moment of the Card being issued to the Customer and is concluded without a term.
5.2. The Customer and Olerex shall be entitled to cancel the Contract at all times by notifying the other party in writing in advance (ordinary cancellation). The Contract shall be terminated on the 14th (fourteenth) day as of the delivery of the declaration of cancellation by mail or the receipt of a digitally signed declaration via e-mail.
5.3. Olerex shall be entitled to cancel the Contract extraordinarily for a good reason without following the deadline specified in clause 5.2 primarily if the Customer has a debt to Olerex or there has been an event, due to which the proper fulfilment of the Contract is impeded.
5.4. Upon the sending of a declaration of cancellation for the Contract pursuant to procedure specified in clause 5.3. or receiving a declaration of cancellation, Olerex shall be entitled to block all Cards issued to the Customer.
5.5. The termination of the Contract shall not affect the financial claims having been incurred before the termination of the Contract falling due or being satisfied.
5.6. Olerex shall be entitled to unilaterally amend the general conditions of the Contract if they notify the Customer of the amendments beforehand at Olerex filling stations, web page or in any other way and give the Customer a deadline of at least 1 month to cancel the Contract. Olerex shall not be obliged to give any previous justifications for making the amendments, including for making amendments regarding the discounts of products or services. If the Customer has not cancelled the Contract within the aforementioned deadline or has begun to use the Card, it shall be deemed that the Customer has agreed to the amendments.
6. Obligations to notify and communication of notices
6.1. The Customer shall be obliged to notify Olerex of changes in the contact information, including name, address, bank information, contact person or any other requisite information, specified in the Contract, the submission of a bankruptcy petition against the Customer, or reorganisation and liquidation within 7 (seven) calendar days as of the occurrence of the corresponding event. Until notification of changes in contact information and other requisite information, it shall be deemed that the Customer’s information specified in the Contract is valid.
6.2. All notices of legal importance submitted by the parties (applications, proposals, declarations etc.) shall be submitted in writing. Such written notices shall be deemed as having been received if they have been handed over to a postal institution for delivery on the requisite information specified in the Contract and three (3) calendar days have passed since the delivery of the notice to the postal institution. Electronic transaction forms shall be deemed equal to written transaction forms.
6.3. Notices of informative nature without any legal significance may be communicated orally or via e-mail to the address specified in the Contract.
7. Other conditions
7.1. The Customer can receive information regarding invoices, Transactions and other such matters at all times in the self-service portal at the Olerex web page (www.olerex.ee) and from the Olerex customer support on working days from 7.00 AM to 7.00 PM by phone +372 6100 100.
7.2. The Customer shall be obliged to not to disclose to third persons the content of the Contract, including discounts, payment deadline, Credit Limit.
7.3. The Customer shall agree to the contact information, customer's personal identification code or registry code disclosed by them to Olerex, and the date of a payment default occurring and being settled and its amount being communicated to keepers of payment disturbance registers (e.g. to Creditinfo Eesti AS) and allows their data to be processed with the purpose of making credit decisions. The Customer has the right to examine the data processed about them and demand for the cessation of processing of data pursuant to procedure specified by the law.
7.4. The Customer shall agree to the contact information, customer's personal identification code or registry code disclosed by them to Olerex, and the date of a payment default occurring and being settled and its amount being communicated to a third person with the purpose of collecting debts. A Customer, who is a natural person, shall be entitled to examine their processed data and to demand that processing the data is stopped pursuant to the procedure provided by law. For the purposes of fulfilling the Contract, Olerex cooperates with contract partners, to whom Olerex may communicate information regarding the Customer. The Customer agrees that Olerex may communicate to the Customer the offers by Olerex’s cooperation partners.
7.5. Disputes arising from the Contract or the contractual obligations shall be settled between the parties by negotiations. Upon the negotiations being unsuccessful, the disputes shall be settled at Tartu Court House of Tartu County Court under the legislation of the Republic of Estonia.
*The valid price list of transactions and an English and Russian translation of the contract is available at www.olerex.ee.
