Effective as of: 30.04.2021.
By visiting, using or utilising the website www.silvanols.ee, You confirm that You have read and agree to these Terms. These Terms shall be binding on all Visitors of the Website and the Seller. In the event, where the Visitor of the Website finds these Terms unacceptable (including Cookie Policy and Privacy Policy), the Visitor of the Website shall not be entitled to use and/or utilise the Website.
Please read these Terms thoroughly and ensure that You have understood them correctly before ordering any Product. Please pay attention to the fact that prior to the completion of Your order, the Buyer shall agree to these Terms (including Privacy Policy and Cookie Policy), while in the event of refusal to do so, the completion of the transaction and the ordering of the Products shall be impossible.
We reserve the right to amend these Terms without prior notification.
- Definitions
1.1. Terms mean this Terms of Use, addendums and amendments thereof, delivery terms, payment terms, terms governing the return of products, other terms and conditions, as well as policies and stipulations regarding certain functions, elements or advertising and Customer Service that are published on the Website. These Terms shall be binding on the Seller, the Visitor (including Buyer).
1.2. Contract means a contract that has been concluded between the Buyer and the Seller remotely by using the online mode of the Website, whereby the Buyer has clearly and unambiguously stated their intent to purchase the Products indicated in the Order, and the Seller undertakes to deliver the Products indicated in the Order to the Buyer. The Contract shall be deemed to be concluded, when the Buyer receives the notification of the Seller regarding the receipt of the Order to their e-mail. Terms and conditions of any Contract concluded between the Buyer and the Seller shall be deemed identical to the terms and conditions of the present Terms, and the Parties shall always perform their liabilities under such Contracts in accordance with the present Terms.
1.3. Seller/ We refers to SIA “SILVANOLS”, registration No. 40003233170, legal address: 2A Kurbada street, Riga, LV-1009, Latvia, e-mail address: [email protected], phone number: +372 59010768.
1.4. Controller/ We refers to SIA “SILVANOLS”, registration No. 40003233170, legal address: 2A Kurbada street, Riga, LV-1009, Latvia, e-mail address: [email protected].
1.5. Visitor/You refers to any user of the Website, including the Buyer.
1.6. Buyer means a legally capacitated natural person (i.e., a person, who has achieved majority and, who does not have their capacity to act limited by a court decree), a minor person (i.e. a person aged fourteen to eighteen, who has the consent of their parents or guardians, except for in the cases, where a person has been granted majority prior to reaching the age of majority, or where a person must be deemed major), a legal entity, which with a registration (a Registered User) or without a registration places an Order on the Website and makes payment for the purchased Products.
1.7. Parties mean the Buyer and the Seller jointly.
1.8. Registered User means a Visitor, who has opted to receive commercial notifications from the Seller, to register on the Website and to give consent to personal data processing of their account by providing information about themselves in the form of a standardised questionnaire to ensure the identification of the Visitor on the Website, which enables the user to receive the first delivery of the Products free of charge and/or other advantages.
1.9. Website means trading Internet site (online store) located at: www.silvanols.ee, and where the Buyer can place Orders for Products and make online payments.
1.10. Order means an Order that the Buyer places online on the Website, where the Buyer indicates the Products that they have chosen to buy, as well as indicates the method of delivery of the Products and the place of receipt of the Products that they have selected. The Order is deemed to be completed, when the Buyer has made payment for the Products indicated in the Order.
1.11. Products means any products that have been placed on the Website in a place visible to the Buyer and that the Buyer can order and purchase, for instance: food supplements registered with the Agriculture and Food Board of the Republic of Estonia, cosmetics and other products.
1.12. Product Price means the price that is indicated next to the visual representation and description of each Product at the moment of processing the Order, which is the price at which the Buyer is entitled to purchase the particular Products. The delivery costs of the Product or costs of the Buyer incurred, if they perform the return of Products themselves, are not included in the Product Price.
1.13. Cart means a virtual shopping cart, where the Buyer can freely add Products or delete Products from the Cart. The deletion of the Products from the Cart is only possible until the moment when the Buyer initiates payment for the Products added to the Cart.
1.14. Order Acceptance means an automatic notification of the system that the Order of the Buyer has been accepted and the assembly of the Order has begun, which is automatically sent to the e-mail of the Buyer after payment for the Products added to the Cart has been made.
1.15. Right of withdrawal means the right of the Buyer (a natural person, who, in the context of the Law of Obligations Act, is a “consumer”) to withdraw from Products within 14 (fourteen) days after the receipt of the Products in accordance with the procedure for the exercising of the withdrawal right.
- General Terms and Conditions
2.1. The Terms and Conditions shall govern:
2.1.1. The procedures for the access and use of the Website, as well as the legal relations between the Buyer and a Website Visitor. By visiting the Website, performing the actual use of the Website (using the information and services published on the website or information and services provided by proxy of the Website), You confirm Your consent to observe these Terms and Conditions. Integral parts of these Terms and Conditions include Privacy Policy and Cookie Policy.
2.1.2. Purchasing of Products on the Website, as well as establishes Legal relations between the Seller and the Buyer. The Buyer shall confirm the Terms and Conditions, by reading them and marking a tick next to “I have read and agree to the Terms of Use.” The Terms that have been thus confirmed shall become a legal document binding on the Parties that regulates the rights and duties of the Buyer and Seller, terms and conditions of Product purchase and delivery, Liabilities of the Parties, Privacy Policy and Cookie Policy as well as other provisions related to the sales and purchases of the Products. Integral parts of these Terms and Conditions include Privacy Policy and Cookie Policy. The Buyer shall have the duty to read the Privacy Policy and Cookie Policy approved by the Seller and published on the Website.
2.2. The Terms have been developed and the legal relations between the Seller and a Website Visitor (including a Buyer) shall be regulated in accordance with the regulatory enactments of the Republic of Estonia.
2.3. The Visitor is entitled to use the Website and services offered on the Website in accordance with the Terms of Use and for the intended purposes.
2.4. The Visitor is prohibited from taking any action that delays (can delay) or interferes (can interfere) with the use of the Website and/or services offered on the Website (including servers and network that are associated with the services), as well as from attempting to bypass security, to make changes, to break in or otherwise interfere with the operation of the Website or any computer system, server, router or any other device connected to the internet. The Visitor shall be liable for the compliance of the computer system of the Visitor with essential technical specifications that are required for the use or utilisation of the Website and compatibility thereof with the Website.
2.5. The Visitor shall be fully liable for any information that they publish on the Website and/or forward to the Seller, the providers of delivery or payment services (including, but not exclusively: their personal data), as well as assume full liability for the consequences (including legal) that arise as a result of the publication or forwarding of such information.
2.6. The user must fill in the required information and confirm that they have read and agree to the Terms. A Registered User is entitled to delete themselves as a Registered User at any time; in this case they must inform the Seller thereof by sending a notification to the e-mail address: [email protected].
2.7. The account of a Registered User can be deactivated and a Visitor can be denied access to the Website. The Seller may deactivate the access to the account of a Registered User at their discretion and without prior warning. The Visitor shall not request remuneration of losses or raise any other claims or complaints against the Seller due to the above.
2.8. The Visitor agrees that the content and/or procedure of provision of services, as well as the content of the Website may change without prior notice. In relation to the above, the Visitor shall not raise any claims or complaints. It is the duty of the Visitor to regularly follow the descriptions of all services and changes thereof.
2.9. The Visitor agrees that the Seller may, at their discretion and without prior notice, terminate the service offered on the Website or a part of the service to the particular Visitor or all Visitors completely for a certain period of time, as well as to completely terminate or suspend the maintenance of a Website or a certain part thereof (this, among others, includes the closing of the Website as well). In relation to the above, the Visitor shall not raise any claims or complaints.
2.10. The Seller does not guarantee that the Website will be active continuously, error or disruption-free and does not assume any liability for the cases, where the Website fails or the operation of the Website is associated with errors or disruptions.
2.11. The Visitor shall be entitled to terminate the use of the Website and services offered on the Website at any time.
2.12. The Visitor is prohibited from using the information published on the Website for commercial purposes.
2.13. All rights (including ownership right, copyright) to the Website and information published on the Website are the property of the Seller (The copyright, data base rights, brand-name rights, domain names and other intellectual property rights for all materials and information on the Website are either licensed for the Seller or are the property of the Seller). The Visitor is aware that the violation of the aforementioned rights is punishable by law.
2.14. The Seller has the right to change these Terms at any time. The amendments and supplements to the Terms are accessible for Visitors on the Website. The amendments or supplements to the Terms shall take effect on the day when they are published on the Website, except for in the cases where the Terms provide otherwise.
2.15. If the Order has been sent prior to the effective date of the Terms, the legal relations that have been in effect at the moment when the Buyer placed the Order shall apply to the Buyer, except for in the cases where the Terms provide otherwise.
2.16. The Seller shall be entitled to change Product Prices at any time (in accordance with the provisions of the regulatory enactments of the Republic of Estonia), except for in the cases where the Regulations provide otherwise. At the moment when the Buyer places an Order, the Buyer may rely on the Product Prices indicated on the Website; however, if the Product Price changes in the period between the placement of the Order and the performance of the payment, Product Prices indicated by the system in the Order shall be binding on the Buyer.
2.17. The Buyer may order Products without being registered on the Website.
2.18. The Food Supplements offered for sale on the Website are registered with the Agriculture and Food Board of the Republic of Estonia.
2.19. If the right or duty of the Seller to e-mail the information or documents to the Visitor or the Buyer, the Visitor or the Buyer shall be liable for the notification of a valid e-mail address to the Seller in all cases.
2.20. Only the Buyers indicated in Section 1.6 of the Terms shall be entitled to buy Products on the Website. By agreeing to the Terms, the Buyer confirms that they are entitled to purchase Products on the Website.
2.21. The Website is not intended for persons, who are forbidden to access the Website or are not permitted to use it by applicable regulatory or legislative enactments due to the citizenship, location, place of residence, age or legal capacity of such persons.
2.22. The Seller cannot guarantee and does not guarantee that any content published on the Website does not contain viruses and/or other code with infecting or damaging capacity. The Visitor shall be liable for taking sufficient measures and virus tests (including anti-virus scans and other security tests) that comply with the particular safety and reliability requirements for data entry and forwarding of the Visitor.
2.23. The Seller, at their discretion, reserves the right to prohibit any link from another internet website to the Website, materials or information.
- Product Prices and Product descriptions
3.1. Product Images published on the Website serve illustrative and informative purposes only. The photographs of Products or Product packaging can differ from the actual size and appearance of the Product or Product packaging.
3.2. The Product descriptions, Product photos and other data are the property of the Seller and the Seller shall have the property and personal copyright to any information that is published on the Website. Copying, multiplication, re-publication, submission to third parties, transforming of any information present on the Website or any other type of its use without the permission of the Seller as an owner shall be prohibited, and the liability of the party that violates the prohibition to remunerate all losses incurred by the Seller, shall arise.
3.3. The Seller sells the Products that have been processed in accordance with the regulatory enactments governing the packaging and labelling of goods.
3.4. The Products shall be sold at prices that are indicated next to each of the Products.
3.5. All Product Prices are indicated including value added tax (hereinafter – VAT), depending on the VAT rate on each group of Product.
3.6. Product delivery costs are not included in Product Price. Delivery cost shall be charged in addition to the Product Price and the Product delivery cost depends on the method of delivery selected by the Buyer. Delivery costs and delivery options can be reviewed on the Website, in the Delivery section.
- Shopping cart
4.1. The shopping cart is compiled, when the Buyer performs the selection of Products and clicks the “Add to Cart” button. When the Product is added to the Shopping Cart, the Purchase of the Product does not occur yet. The Buyer can change the content of the Cart by adding new Products or deleting Products that they do not wish to buy.
4.2. When placing an order, correct and precise data must be entered. The entered data must be checked, all information must be read carefully and the Buyer must verify that they have provided correct and precise information. The performance of the Order and the delivery of Products depends on the precision of the entered information. The Buyer undertakes to notify the Seller of any changes no later than within 24 hours from the moment of the receipt of Order confirmation by writing an e-mail to [email protected]. The Buyer shall be liable for the provision of correct data; otherwise, the delivery of the Products cannot be guaranteed.
4.3. When the Buyer has added all the selected Products to the Cart, the Buyer must click on the Cart to enable the transfer to the next operation of the order, i.e. “To continue the processing of the purchase “fill in the payment/delivery information and select the method of Delivery and payment.
4.4. The final sum total (including delivery costs) shall be indicated in the “TOTAL” screen after the selection of the method of Delivery. After selecting the method of payment and pressing the “Place order” button, the Seller shall automatically give notification of the receipt of the Order and grant the Order number.
4.5. The Buyer is informed that, due to the overload of Website or due to technical reasons, after adding the Products to the Cart and pressing the “Place order” button, the purchased Products may be out of stock. In this case, the Seller shall notify the Buyer (by using the contact information indicated by the Buyer) of the fact that the ordered and purchased Products are not available on the website. In this event the Seller can agree with the Buyer on the return of the money within 14 (fourteen) days (money transfer to the current bank account of the Buyer, which was used to make the purchase) for the Products that are not in Stock of the Seller, or the Seller can offer the Buyer to purchase other equivalent Products by agreeing with the Buyer in each case separately.
- Methods of Product delivery and payment for delivery
5.1. When placing the Order, the Buyer may select one of the methods of receipt of the Product, which are indicated in the Delivery section of the Website, which describes the delivery terms.
5.2. If the Buyer has selected the method of Product delivery to the address indicated by the Buyer, it can be any address selected by the Buyer, where they find it convenient to receive the Product and where the Buyer can be met (home address, work address or another place indicated by the Buyer) within the boundaries of the Republic of Estonia.
- Terms of payment
6.1. When placing the Order, the Buyer may select one of the methods of payment, which are indicated in the Payment section of the Website, which describes the payment terms.
6.2. When placing the Order, after the selection of the method of delivery, the Buyer can select the method of payment that they find convenient (the choices may be limited, therefore the final list of payment methods applicable to the particular Order is indicated next to the respective Order):
6.2.1. by using the Internet banking service;
6.2.2. by a bank transfer;
6.2.3. by means of other payment methods indicated on the Website.
6.3. After the selection of the payment method, the Buyer must press the “Pay” button.
6.4. The Buyer performs payment for the Products and delivery expenses together, before the receipt of the confirmation and the delivery of the Product from the Seller.
6.5. All delivery costs shall be covered by the Buyer, except for in the cases when the Buyer has made the purchase of the minimal sum that ensures free delivery.
6.6. The Buyer shall comply with all applicable laws and regulations, including without limitation, laws regarding anti-money laundering and anti-terrorist financing, otherwise, the Seller have the right not to accept the Order or payment or refund the payment.
- Execution of the Order
7.1. The procedure for the performance of Product orders and delivery times is defined on the Website depending on the selected method of delivery and time when the Order was placed. The average delivery period is 2 to 6 business days, but the Seller reserves the right to deliver the Product within 2 calendar weeks, since the delivery periods can change depending on the special provisions of the Seller and availability of the Products at the warehouse. In the event of overload of parcel machines, couriers, the deliveries may be delayed.
7.2. The Buyer may place Orders for 24 hours during the day, but the assembly of Orders by the Seller shall be performed: on business days from 9.00 a.m. to 4.00 p.m.; the assembly of Orders shall not be performed on Saturdays, Sundays and holidays. The Seller shall forward confirmation of receipt of the Order to the Buyer via e-mail. If the Buyer does not receive a confirmatory e-mail, the respective Order is not accepted. The assembly of the Order shall be commenced at the moment when the money is transferred to the account of the Seller.
7.3. If the Buyer has indicated in the Order that they wish the delivery of the Product to occur by courier, the Products shall be delivered to the address indicated in the Order. The Buyer cannot change the address of the delivery of the Product after the moment when the Order is confirmed. Prior to delivery of the Products to the location indicated by the Buyer, the Buyer shall be initially contacted by the courier in order to specify the exact delivery venue of the Products or exact location and notify the Buyer of the time when the courier will arrive. The Buyer is aware that the courier cannot wait for a long period of time and, if the Buyer cannot be met at the address indicated in the Order or, if the Buyer cannot be met at the agreed time, the Seller shall not assume any liability for the failure to receive the Products or delay of receipt.
7.4. If the Buyer has indicated a postal division of Estonia as the venue for receipt of the Product, the Buyer may arrive at the venue for the issue of the Product after the receipt of a written notification by the Estonian Postal Service.
7.5. If the Buyer has indicated a parcel machine as the venue for the receipt of the Product, the Buyer may arrive at the venue for the issue of the Product after the receipt of an SMS message.
7.6. If the Buyer is not present at the location that they have indicated in the Order, or cannot be met at the indicated time, the money paid for the Product and for the delivery of the Product shall not be paid back to the Buyer.
7.7. The Seller shall not assume liability for the delays of courier service providers or providers of other delivery related services, for delays of deliveries, irrespective of the conditions due to which the delays in delivery have occurred.
7.8. If the Buyer intends to Order Products with the venue of issue – parcel machine, the Buyer themselves is liable for the prompt receipt of the consignment (within one day), but the Seller does not assume liability for the Product if the Buyer has failed to collect their consignment, which can be subjected to the influence of external air temperature.
7.9. In the event where the Products have been assembled imprecisely, the Buyer shall be entitled to immediately replace the Product by contacting the Seller ([email protected], telephone number: +372 59010768). In this case, the delivery costs shall be covered by the Seller.
- Receipt of the Product
8.1. Considering the fact that ordered Products are packed in a cardboard box, the Buyer shall confirm the fact of receipt of the Product during receipt. The Buyer can find the invoice for the Products inside the package where all ordered Products are listed by indicating the titles of items, price of each Product and sum total for the Products and delivery (if it is a paid delivery).
8.2. Based on these Terms and the Contract, which is concluded between the Buyer and the Seller at the moment of placement of the Order, as well as, on the basis of the options provided for by the regulatory enactments regarding the drafting of electronic documents, the Invoice for the Products shall not be physically signed with a handwritten signature. The substantiation for the provisions of this section are as follows:
8.2.1. The invoice for the Products is prepared electronically and data exchange between the Seller and the Buyer occurs in electronic form, namely – the Buyer places the Order by submitting their purchase data on the Website;
8.2.2. The Buyer gives their consent to these Terms and thereby unambiguously agrees to the fact that the invoice for the Product is drawn up electronically without a signature.
8.3. If the Product is delivered by a courier, the Buyer shall personally sign the route sheet of the courier or the electronic document of the courier by means of a special device on the screen of a portable computer.
8.4. Upon the collection of the Product from the parcel machine, the signature of the Buyer is electronic data generated at the moment when the Buyer enters the special PIN code that they have received in advance in an SMS message to their mobile phone, and upon the entry of which the door of the parcel machine compartment is opened. The aforementioned electronic data are deemed to be equivalent to a personal signature of the Buyer made by hand.
8.5. Upon the receipt of the Product at the office of the Estonian Postal Service, the Buyer shall fill out and sign the postal receipt form.
- Product quality and liability for the storage of the Products
9.1. The shelf life and the manufacturer of the Product is indicated on the packaging of the Product.
9.2. Upon the opening of Product packaging, the Buyer shall have the duty to check whether the Products indicated in the Order have been delivered and whether the ordered type and number of Products has been delivered, as well as check that the delivered Products lack defects or other types of damage. The Buyer shall also have to check the appearance of the packaging of the Products for the presence of packaging defects.
9.3. After the receipt of the Products, the Buyer shall be responsible for the maintenance of Product quality and safety during the period of use of the Right of withdrawal. To use the Right of withdrawal, the Products must be unused, undamaged and in their initial appearance (with intact and undamaged labels, intact protective films, etc.). The Buyer shall be liable for the reduction in value of the Products, if the Products have been used for purposes other than initially intended.
9.4. The Buyer shall have the duty to carefully read the information on the labelling or packaging of the Product, as well as to read the package leaflet of the Product. If the Buyer fails to observe the package leaflet of the Product or storage conditions of the Product indicated on the packaging, the Buyer shall lose their Right of withdrawal and lose the right to raise a consumer claim.
- Right of withdrawal
10.1. Right of withdrawal is the right of the Buyer (a natural person, who, in the context of the Consumer Rights Protection Law, is a “consumer”) to withdraw from the contract and decline the Product within 14 (fourteen) days counting from the date when the Buyer or a third person indicated by the Buyer has received the Products, in accordance with the procedure for exercising the right of withdrawal.
10.2. The Right of withdrawal may not be exercised, if the Buyer:
10.2.1. has purchased Products that are perishable or fast-consumable goods (food, certain types of cosmetics);
10.2.2. has purchased medical devices, cosmetics and food supplements that require specific storage conditions, the compliance with which cannot be verified by the Seller while these Products are in the possession of the Buyer, since the storage of such Products must be implemented in accordance with the instructions provided by the manufacturers of such Products (appropriate level of air humidity, protection against direct exposure to light and sunlight, absence of chemical and corrosive substances, as well as specific odours, ensuring the appropriate temperature and other specific storage limitations provided by the manufacturer);
10.2.3. has opened the packaging of the Product, or the packaging or the Product is damaged.
10.3. The Buyer shall notify the Seller of the exercising of their Right of withdrawal by filling out a withdrawal form that can be obtained sending a request to the e-mail address [email protected]. The Buyer shall forward the filled form, the invoice (invoice number) and Order number (hereinafter – withdrawal) to the e-mail address of the Sellers [email protected]. After the receipt of withdrawal, the Seller shall notify the Buyer that they have received the withdrawal, as well as inform them of the decision made or the time when the decision will be made.
10.4. The duty of the Buyer is to return the Products to the Seller immediately, but no later than within 14 (fourteen) days after the forwarding of the withdrawal to the Seller, by post, by using postal services or in any other way that is convenient for the Buyer. The Buyer shall have to cover the costs associated with the return and dispatch of the Product.
10.5. The Seller shall repay the payments received from the Buyer, including the delivery costs (except for the additional costs that have arisen due to the fact that the Buyer has selected the method of delivery that is not the cheapest standard delivery method of the Seller) within 14 (fourteen) days from the date when the Seller has received the withdrawal (the decision to withdraw from the Contract) from the Buyer and when the Seller has received back the Products that the Buyer has declined or when the Seller has received the evidence form the Buyer that the Buyer has sent the Products back. This evidence can be a receipt issued by the post office. The Seller shall repay the aforementioned sum of money by using the same means of payment that the Buyer has used, i.e. by transfer to the current account of the Buyer that was used to make the payment.
10.6. The Seller shall be entitled to suspend the payment until the moment they have received the Products that the Buyer intends to decline from the Buyer or until they have received the evidence form the Buyer that the Buyer has sent the Products back, as well as not to make payment, if any of the cases stipulated in Section 10.2 of the Terms occur.
- The claim of the consumer regarding a Product that fails to conform with the Contract.
11.1. The Buyer, who is a consumer, in accordance with the Consumer Protection Act, shall be entitled to file a claim against the Seller regarding non-compliance of the product with the Contract terms within 2 years from the date of purchase of the Product. The application of such claim shall be submitted to the Seller within two months from the day when the Buyer has detected the non-compliance of the Product with the terms of the Contract. The day when the Seller has transmitted and the Buyer has accepted the respective Product shall be deemed to be the date of delivery.
11.2. The Buyer, who is a consumer, may submit a complaint arising from a breach of contract to a Seller in accordance with the Section 18 of the Terms and the Consumer Protection Act https://www.riigiteataja.ee/en/eli/ee/504122020003/consolide/current.
- Review of complaints, proposals and recommendations.
12.1. Any Buyer is entitled to express proposals regarding the operation of the Website to the Seller, or make a complaint, by sending such to the e-mail [email protected].
- Limitations of food supplement use
13.1. Taking the fact that the range of products includes food supplements registered in the Republic of Estonia into consideration, the Buyer must observe special caution and carefully read and observe the package leaflets of the food supplements.
13.2. A warning message is enclosed with each food supplement in accordance with the provisions of the regulatory enactments of the Republic of Estonia: “Food supplements do not replace a complete and balanced diet!” In the event of any questions, the Buyer must carefully read the package leaflet prior to the use of the food supplement.
- Personal data processing of the Buyer
14.1. All information about the Buyer that the Buyer transfers to the Seller and that has become known as a result of the provision of such information on the Website, shall be deemed to be information voluntarily provided by the Buyer.
14.2. When performing data processing of the Buyer (a natural person), the Seller shall be the Controller in the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the laws governing personal data processing.
- Liability
15.1. Any Visitor (including the Buyer) shall be liable for the losses that they have inflicted on the Seller in violation of these Terms.
15.2. Visitors shall be liable for the action they have performed while using the Website (including, but not exclusively, for the correctness of the data supplied on the purchase form; the Buyer shall assume the liability for the consequences that arise as a result of data errors or imprecisions provided in the registration form).
15.3. The Seller shall not be liable to the Buyer for the losses or damage that the Buyer has incurred due to a failure of prompt delivery of the Products or delay in delivery or for the delays or cancellation of the delivery of Products due to unprecedented weather conditions.
15.4. The Seller shall not be liable before the Buyer for the failure to perform the Terms or any liabilities under the Contract or performance delays, if such failure or delay was caused by events beyond the control of the Seller, i.e. any actions or events that the Seller cannot reasonably control. If an event beyond the control of the Buyer occurs resulting in the failure of proper performance of Seller liabilities:
15.4.1. The Seller shall immediately notify the Buyer; and
15.4.2. The performance of the Seller’s liabilities under the Terms shall be suspended and the period for the performance of liabilities shall be extended by the duration of the events beyond the control of the Seller. If the events beyond the control of the Seller affect the delivery of the Products to the Buyer, the Seller shall agree on the new date of delivery after the events beyond the control of the Seller are over.
15.5.The Seller shall not be liable for the information provided on other websites, even if the Buyers visit these websites by following the links on the Website of the Seller.
15.6. The Buyer shall be responsible for maintaining the quality and safety of the Products during the period of exercising their Right of withdrawal. The Buyer must keep the original packaging of the Products to ensure that the Product is not mechanically damaged and to protect it against exposure to external conditions.
- Termination of the Contract, Effective period of the Contract
16.1. By confirming the Order (pressing the “Place order” button), the Buyer clearly and unambiguously confirms that they have agreed to conclude and have concluded a Contract, that they have undertaken to perform the liabilities under the Contract, as well as this act indicates that the Buyer is aware that the Buyer possesses the required financial resources to pay for the ordered Products.
16.2. If the Buyer is younger than 18, they shall confirm that they have informed their legal representative who has agreed to the conclusion of the Contract and, if required, that their legal representative undertakes to assume the liabilities of the concluded Contract.
16.3. The Contract shall be deemed to be concluded, when the Buyer receives the notification of the Seller regarding the receipt of the Order to their e-mail.
16.4. The Contract shall be valid for the period while the liabilities under the present Contract are completed.
- Dispute resolution
Dispute resolution; Settlement of consumer complaints at Seller.
17.1. The Parties shall take every effort to resolve all disputes that arise between the Seller and the Visitor (including the Buyer), or that will arise in relation to the availability and/or the use of the Website and/or the purchases of Products on the Website, by mutual negotiations or correspondence with the purpose to reach a mutually beneficial and acceptable solution.
17.2. If the resolution of a dispute by negotiation or correspondence fails, the Parties shall resolve the dispute in the court of the Republic of Estonia, in accordance with the regulatory enactments of the Republic of Estonia. Disputes between Parties can be submitted for resolution at the Consumer Protection and Technical Regulatory Authority (if the Buyer is a consumer) or a court of the Republic of Estonia, including in the event where the Visitor (including Buyer) settles in, or transfers the place of business or seat thereof to a foreign state after entry into the contract, or if the residence, place of business or seat of the Visitor (including Buyer) is not known at the time of filing the court claim.
17.3. The Buyer, who is a consumer, may submit a complaint arising from a breach of contract to a Seller in accordance with the Sections 18.3-18.9 of the Terms and the Consumer Protection Act. The Buyer may submit the aforementioned complaint in any form and by himself or herself or through a representative. The Buyer shall set out in a complaint submitted in writing or in a format which can be reproduced in writing: 1) his or her name and contact details; 2) the date of submission of the complaint; 3) the date of purchase of the goods or receipt of the services; 4) the defects of the goods or services; 5) the claim submitted to the Seller.
17.4. If the Buyer submits a complaint in writing or in a format which can be reproduced in writing, the Seller shall confirm the receipt of the complaint.
17.5. The Seller has the right to request additional documents or data regarding the complaint, including documents certifying the performance of the transaction or the existence of a warranty against defects or an annex a copy of such document, also a copy of the document certifying the performance of the transaction, also data or documents certifying the right of representation if appropriate. If the Buyer does not submit the requested data or documents, the Seller may not be able to review the complaint or satisfy the Buyer’s claim.
17.6. If a Buyer submits a complaint in writing or in a format which can be reproduced in writing, the Seller shall respond in the same format and provide information concerning satisfying the Buyer’s complaint or a potential solution to the complaint within 15 (fifteen) days after receipt of the complaint, unless a different time limit is provided by law or in a European Union regulation. A response to the Buyer shall be sent at the postal address indicated by the Buyer or at the e-mail address unless agreed otherwise with the Buyer. If it is not possible to settle the complaint during the time limit specified in the previous sentence the Seller shall justify the delay, give corresponding notification to the Buyer in writing or in a format which can be reproduced in writing and specify a new reasonable term.
17.7. If the Seller does not consider the Buyer’s claim to be justified and refuses to satisfy the claim or agrees to satisfy the claim only in part, the Seller shall justify the full or partial refusal to satisfy the Buyer’s claim in writing or in a format which can be reproduced in writing.
17.8. If the Seller has refused to satisfy the Buyer’s claim or the Buyer does not agree with the solution offered by the Seller, the Buyer may file a petition to Consumer Disputes Committee which operates at the Consumer Protection and Technical Regulatory Authority of the Republic of Estonia or the court of the Republic of Estonia for settlement of the dispute, including in the event where the Buyer settles in, or transfers the place of business or seat thereof to a foreign state after entry into the contract, or if the residence, place of business or seat of the Buyer is not known at the time of filing the court claim.
17.9. For more details on Buyer’s rights to file a petition to Consumer Disputes Committee which operates at the Consumer Protection and Technical Regulatory Authority of the Republic of Estonia read Chapter 5 “Settlement of Consumer Dispute between Consumer and Trader” and Chapter 6 “Consumer Disputes Committee” of the Consumer Protection Act https://www.riigiteataja.ee/en/eli/ee/504122020003/consolide/current. Also see the website of the Consumer Protection and Technical Regulatory Authority https://www.ttja.ee/en and/or turn to Consumer Protection and Technical Regulatory Authority (email [email protected]; telephone 620 1707; address Endla 10a, 10122 Tallinn, Republic of Estonia).
17.10. The Buyer, who is a consumer and who is from another EU country and has a complaint against the Seller that could not be resolved between the Seller and the Buyer, may use the ODR (Online Dispute Resolution) platform to resolve it. The ODR platform is an electronic environment through which complaints about e-traders can be forwarded to a competent out-of-court consumer dispute resolution body. The Online Dispute Resolution (ODR) platform is available at http://ec.europa.eu/odr.
- Other Provisions
18.1. The Seller shall be entitled to deny the access of a Visitor (including a Buyer), if the Seller receives respective instructions of the law enforcing authorities or, if the Visitor has caused losses to the Seller, broken into the Website, illegally or legally accessed data of other people that are stored on the Website or the system.
18.2. The Seller shall be entitled to transfer their rights and duties in accordance with the Contract to a third person or persons; however, the transfer of such rights and duties shall have no effect on the rights of the Visitor (including a Buyer) and the liabilities of the Seller under these Terms. In the event of such transfer, the Seller shall notify the Visitor by providing information regarding the transfer on the Website.
18.3. A Visitor (including a Buyer) shall not be entitled to transfer all their rights or part of their rights or liabilities under the present Terms to a third party or parties without the written consent of the Seller.
18.4. If the court has decreed any of the provisions of these Terms illegal, invalid or non-applicable, the rest of the provisions of these Terms shall remain in force and shall be applicable in full. Any of the provisions of these Terms that have been decreed illegal, invalid or non-applicable partially or to a certain degree shall remain in effect to the degree that such was not admitted to be illegal, invalid or non-applicable.
18.5. Unless these Terms provide otherwise, any hesitation of the Seller that is associated with the use of their rights under these Terms does not signify the release of the Buyer from the performance of their liabilities or entitle them to withdraw from such liabilities, while the partial performance of any liability or partial or separate use of any right does not mean that these liabilities must not be performed or such rights cannot be exercised further on.
18.6. The laws and regulations of the Republic of Estonia shall be applicable to these Terms and the relations of the Parties under these Terms (including the issues regulating the conclusion, validity, application and termination of the Contract) and they shall be interpreted on the basis of the Laws of the Republic of Estonia.
