- GENERAL INFORMATION
1.1. These terms and conditions govern the legal relationship between Marat OÜ, (registry code 12657952, Tulika 9/11, Tallinn, Estonia) (Hereinafter referred to as the Seller), and the person who made the purchase (Hereinafter referred to as the Buyer), induced by buying or selling Esprit Home´s products in the www.esprithome.ee sales platform (Hereinafter referred to as the e-shop).
1.2. In addition to these terms, the legal relationships induced by marketing products via the e-shop are governed by the laws of the Republic of Estonia.
1.4. The e-shop selection of products, prices and discounts may differ from the selection of products, prices and discounts of the retail shops of the seller.
2.1. The prices of the products are shown on the product page in Euros and include the currently applicable VAT of 20% of the Republic of Estonia.
2.2. The prices of the products shall be accompanied by a delivery charge corresponding to the delivery method chosen by the buyer during the completion of the order. Delivery method is selected and the shipping fee is calculated in the online shopping cart.
2.3. If the buyer has a discount code, the discount is calculated after entering the discount code in the shopping cart.
2.4. Bonus Euros used in the purchase are calculated on a product basis, based on the cost of the product.
2.5. The Esprit Home e-shop has the right to withdraw from the sales transaction and to recover the goods from the buyer if the prices of the goods in the e-shop has been marked significantly below the market price of the goods due to an error.
- FILLING OUT THE ORDER
3.1. The buyer adds the product to the cart after selecting the product and, if necessary, the size of the product, using the “Add to Cart” button.
3.2. The buyer can change quantities and remove items from the shopping cart until paying for the product.
3.3. To complete the order, the customer must enter the necessary data, select the payment method and click on the button “Check out”.
3.4. The order is deemed finalized after receiving the payment.
3.5. The notification about the order confirmation is sent to the buyers’s e-mail address by the seller.
3.6. In an unlikely event that the ordered product is out of stock, the seller shall cancel the order. The order can be canceled in part or in full. The buyer is immediately informed of the cancellation of an order. In case of partial cancellation, the seller requests the buyers preferences for processing the rest of the order – whether it is to be postponed or canceled.
4.1. The buyer will pay 100% in advance for purchases made in the online platform (e-shop).
4.2. The buyer can pay via credit card (Visa, MasterCard) or with Estonian bank transfer (Nordea, Danske, SEB, Swedbank, Krediidipank, LHV Pank).
4.3.Payments are made in a secure environment outside of the e-shop. Bank link payments are carried out in the Maksekeskus AS (http://maksekeskus.ee/) secure environment. The seller does not gain access to the buyers bank or credit card information.
4.4. After the order has been submitted and paid, the buyer will be sent an order confirmation by e-mail.
- DELIVERY OF PRODUCTS
5.1. The e-shop delivers goods worldwide
5.2. Products are delivered via the postal services provided by Omniva and Itella SmartPost OÜ. Parcels can be tracked at Omniva’s tracking site at www.track-trace.com/post and in Itella SmartPOST tracking environment at uus.smartpost.ee/saadetise-otsing.
5.3. The delivery fee and approximate delivery time depends on the destination
5.4. The company executes the orders, that is, it will hand over the order to the post office for delivery no later than within three working days after the confirmation of the order. Delivery of the product to the buyer depends on the postal services. Estimated arrival times are:
* In Estonia: 1-3 working days
5.5. No deliveries by the seller are made on weekends and local holidays, the delivery time during these periods may be longer than usual.
5.6. In case of delivery outside the European Union the customs or import duties will be charged once the parcel reaches its destination country. These charges must be paid for by the recipient of the parcel (buyer). Customs policies vary widely from country to country; you may need to contact your local customs office for further information.
- RIGHT OF WITHDRAWAL, PRODUCT RETURN AND REPLACEMENT
6.1. The Customer can withdraw from the transaction within 14 calendar days, by submitting a withdrawal declaration to the seller in written format (physical letter or e-mail) or filling in a downloadable withdrawal form in the e-shop.
6.2. The seller will confirm the withdrawal declaration of the buyer with an e-mail notification.
6.3. The buyer is obliged to return the product within 14 calendar days after the submission of the withdrawal declaration. The period of withdrawal shall be calculated from the day the buyer or a third party named by the buyer, who is not the courier, is in the possession of the product. If the order consists of more than one product, the deadline for withdrawal is calculated from the arrival date of the last package to the buyer.
6.4. Customers can return the products by Itella SmartPOST or Omniva free of charge within 14 days, using the door code or return code contained in the original SMS. If the parcel machine issues an address card upon return, paste it precisely onto the old address field.
6.5. In case of withdrawal, the Seller returns the funds paid to the buyer, including the delivery fee, by transferring the corresponding amount to the buyer’s bank account no later than 14 days after receiving the product or proof of return from the buyer. The seller is entitled to delay the payment until the buyer has returned the product or submitted a certificate of transfer to the post office for the return of the product. When using the right of withdrawal, the buyer will bear all the direct costs associated with the return of the product.
6.6. In case the buyer wishes to replace, change or repair the product, the buyer must fill in the return sheet accompanying the product and the invoice. In the event of replacement or changing of the product, the buyer will bear all direct costs related to the return of the product, unless the product to be returned was not the product ordered.
6.7. A prerequisite for the return or exchange of a product is a completely unused product, that has all the labels and other documents accompanying it, including the invoice issued to the buyer.
6.8. The right of return does not apply for underwear and sunbathing products taken out of the original packaging for hygienic reasons.
6.9. The buyer has the right to change the product within 14 days after it was received if the ordered product size does not fit.
6.10 If the product returned to the seller due to non-fitting, is not replaceable due to the required size not being in stock, the seller will contact the buyer.
- FILING CLAIMS
7.1. The seller is responsible for the contractual terms of the goods sold to the buyer and of the non-compliance or deficiency that was already in place at the moment of delivery of the item and which occurs within two years from the delivery to the buyer. If the deficiency occurs during the first six months from the delivery of the item to the buyer, it is assumed that it was already present at the time of delivery. The rejection of this assumption is the obligation of the seller.
7.2. In case of discrepancies in product or defects, the buyer must inform the seller immediately, but not later than 2 months after becoming aware of respective discrepancies or defects, by sending the respective information to the e-mail address email@example.com or in writing to OÜ Marat at Tulika 9/11, Tallinn 10613 .
7.3. In case of a defective or inadequate product the buyer has the right to demand the seller to fulfill the obligation, to withdraw from the contract, demand a refund or a reduction of price.
7.4. In case of product non-compliance or defects, the buyer has the right to request product repair, replacement with a compliant and defectless product, or return of product at the expense of the seller.
The buyer has the right to demand price reduction of the product or the termination of the contract and the recovery of the funds paid for the product if:
•The seller can not repair or replace the product, or
•product repair or replacement fails or
•the seller has not eliminated the defects of the product within a reasonable time, or
•unreasonable inconvenience are caused to the customer.
7.5. In case of the return of a non-complying product, the buyer will be reimbursed to the bank account indicated within 14 days. The seller is entitled to delay the payment until the buyer has returned the product or has provided a certificate of returning the product to the post office.
7.6. During the first six months from the purchase of the product, the seller will bear the costs of repairing the product or replacing the product; in particular the costs of transport, mail, labour and material. In the next 1.5 years, the corresponding costs will be borne by the seller only if the claim is justified.The seller is not liable for and will not reimburse the buyer for product non-compliance or defects if:
7.6.1. The product has deteriorated / damaged at the fault of the buyer;
7.6.2. The defects are due to abnormal use of the product, e.g. not following the maintenance instructions;
7.6.3. The product has deteriorated due to normal wear associated with normal use.
7.6.4. Buyer’s proof of purchase is missing.
7.7. In case of a disagreement between the buyer and the seller regarding non-compliances or defects in the product, the buyer has the right to address their claims to the seller, indicating their name and contact details, the date of filing the complaint, the non-compliance or defect of a product mentioned in the complaint filed and the buyer’s preferred solution. This must be done in reproducible form or in writing (e-mail). The seller replies to the Client’s complaint in a reproducible form or in writing (e-mail) within 15 days. If the buyer has any complaints about the online store, they must be sent by e-mail to firstname.lastname@example.org or call +372 504 6350
7.8. Any disagreements between buyer and the seller will be solved through negotiations. If an agreement is not reached, the buyer may seek protection for their rights from the Consumer Claims Commission via the Consumer Protection Board. Any disputes will be settled according to the laws of the Republic of Estonia. The buyer’s complaint to the Commission is free of charge.
7.9. If the parties disagree with the decision of the Consumer Protection Board, they have the right to turn to the court in the location of the seller.
- PROCESSING OF PERSONAL INFORMATION
8.1. Data regarding the buyer and their orders, stored in the e-shop ordering environment, is handled as confidential information. The seller will not disclose any information received to third parties, except in cases provided by the law.
8.2. Data communication between the buyer and the banks and payment processing centres is encrypted, which ensures the security of buyer’s personal and banking information. The seller does not have access to the buyer’s confidential banking and credit card information.
8.3. Personal data, provided by the buyer to the seller at the time of purchase, is protected and will be processed according to the requirements of the Personal Data Protection Act. Personal data is collected and processed for the following functions: to perform analysis and reporting, to make personalised offers to the buyer, and to hold customer satisfaction surveys.
8.4. The e-shop sends newsletters and offers to the buyer’s e-mail address only if the buyer has expressed a wish to receive them by entering their e-mail address to the website and expressed their wish to receive direct mail notifications.
8.5. The buyer can cancel the offers and newsletters sent to their e-mail at any time by sending the seller an e-mail or by following the instructions in the e-mails received previously.
8.6. Buyer’s personal data is processed by OÜ Marat (registry code 12657952, Tulika 9/11, 10613 Tallinn).
8.7. OÜ Marat may authorize the processing of personal data to other legal entities (authorized processor), provided that the processor has a contract with OÜ Marat, in which the processor is required to keep the personal data processed confidential and ensures the protection of personal data in accordance with the requirements provided by the law.
8.8. The list of current legal entities and authorized processors will be made available to the buyer upon request. The request must be submitted in writing to OÜ Marat at Tulika 9/11, 10613 Tallinn or digitally signed and sent to email@example.com.