Terms and Conditions of Sale
1.GENERAL TERMS AND CONDITIONS
1.1 The online shop at heveren.ee (hereinafter: Shop) is owned by Insystem Baltic OÜ, registry code 11278572, registered office at Asula 22, 75503, Kiisa Small Town, Saku Rural Municipality, Harju County, Republic of Estonia, 75503.
1.2 These terms and conditions of purchase and sale (hereinafter: Conditions) shall regulate the relationship and terms between the administrator of the Shop at www.heveren.ee, Insystem Baltic OÜ (hereinafter: Seller), and the customers of Insystem Baltic OÜ (hereinafter: Buyer).
1.3 Before concluding a purchase and sales transaction for the Goods, the Buyer declares to have read the Conditions, agrees to accept and comply with the Conditions and treat them as binding conditions for the transaction to be concluded with the Seller. If the Buyer does not accept the Conditions, a purchase and sales transaction shall not be concluded with the Seller.
1.4 In addition to the Conditions, the legal relationship between the Seller and the Buyer shall also be regulated by the legislation of the Republic of Estonia.
1.5 All Conditions listed above and below shall apply to purchase of Goods from the Shop at heveren.ee.
1.6 In the Shop, specifications of the Goods shall be presented immediately next to the Goods.
1.7 Due to the technical peculiarity in accounting for inventory in the Shop, the inventory of the Goods shall indicate the actual status with a time lag and may differ from the actual status. The Goods ordered by the Buyer shall be booked from the Seller’s inventory for the Buyer only after payment for the Goods on the terms set out in the Conditions. Therefore, the Seller shall not be held liable if the Buyer initiates an order and the Goods requested by him/her are marked as “Product in stock”, but upon concluding the purchase and sale transaction, it appears that the Goods requested by the Buyer are “Out of stock”. In this case, the purchase and sale transaction for such Goods between the Seller and the Buyer shall not be concluded and the Seller shall not be held liable for any damages arising for the Buyer therefrom.
1.8 The Seller shall have the right to withdraw from the sales contract concluded through the Shop without any applicable penalties and to not deliver the ordered Goods or to not provide the requested service on the following occasions:
1.8.1 the Goods are out of stock;
1.8.2 the price or specifications of the Goods are displayed incorrectly in the Shop because of a system error;
1.9 If the Seller fails to execute an order, the Seller shall contact the Buyer and refund the amount paid if the Buyer has already made an advance payment for the Goods.
1.10 Photos of the Goods in the Shop are for illustration purpose only and may differ from the actual products.
2. PARTIES TO THE PURCHASE AND SALES TRANSACTION
2.1 The Seller shall be the company which manages the Shop at heveren.ee, Insystem Baltic OÜ (registry code 11278572, registered office at Asula 22, 75503, Kiisa Small Town, Saku Rural Municipality, Harju County, Republic of Estonia, 75503, phone +372 53 020 891, e-mail firstname.lastname@example.org).
2.2 The Buyer shall be a physical person at least 18 years of age or a legal person who prior to the purchase and sale transaction confirms he/she has read and accepts the Conditions and agrees to comply with them.
2.3 If a physical person Buyer is less than 18 years of age, then by concluding a purchase and sale transaction, he/she declares that his/her legal representative has approved the transaction to be concluded between him/her and the Seller or that he/she shall perform the transaction for the funds allocated to him/her for this purpose or for general use by his/her legal representative or, with the consent of the latter, a third person.
2.4 The Seller shall have the right to make changes in the Terms and Conditions of Sale. Any changes shall be made available on the website heveren.ee.
2.5 Photos of the Goods in the Shop are for illustration purpose only and may differ from the actual products.
3.1 The Seller shall have the right to make changes in the Terms and Conditions of Sale. Any changes shall be made available on the website heveren.ee.
3.2 The prices of all Goods sold in Heveren’s Shop shall be given in euros and shall include the value added tax applicable in the Republic of Estonia at the moment of the purchase and sale transaction as well as any other state taxes or taxes imposed by the local government.
3.3 The prices of the products sold in the Shop are displayed next to the products.
3.4 Delivery charge shall be added to the products purchased (except special offers).
3.5 The delivery charge shall depend on the Buyer’s location and method of delivery.
3.6 The delivery charge for the Goods shall be calculated for the Buyer at checkout.
3.7 The Seller shall have the right to change the prices of Goods at any time without notice. If the Seller changes the prices of Goods after the Buyer has placed an order for the Goods, the Seller shall sell the Goods to the Buyer at the price valid upon conclusion of the purchase and sales transaction by the Buyer.
3.8 If the price of a product has been entered incorrectly by the Seller and the Buyer is notified thereof before or after placing an order and the Seller and the Buyer fail to agree on a new price, the Seller shall have the right to withdraw from the sales transaction, cancel the Buyer’s order and refund the amount paid for the order.
4.FILLING OUT THE ORDER, PAYMENT AND ENTRY INTO FORCE OF CONTRACT
4.1 Add the desired Goods to the Shopping Cart.
4.2 To view the Shopping Cart, select “Shopping cart” from the upper right corner of the page.
4.3 You can increase or decrease the number of Goods to be purchased in the Shopping Cart and on the page of the respective product.
4.4 To check out the order, click “CHECKOUT”. You will be directed to the checkout page.
4.5 The Delivery Charge based on the method of transportation selected by the Buyer shall be indicated as an individual item in the Shopping Cart and added to the price of the Goods in the Shopping Cart.
4.6 To place an order, the Buyer fills in the required fields (first name, last name, destination of Goods, etc.) and selects the desired method of delivery.
4.7 After entering the details, the Buyer selects the desired method of delivery.
4.8 To confirm the order, the Buyer must tick the selection “I have read and accept the Terms and Conditions of Sale” and then click on “Submit order”.
4.9 To pay for the order via “Bank link”, the Buyer must click on “Submit order” and will be redirected to the Buyer’s online bank website to pay for the order. After payment, order confirmation will be sent to the Buyer’s e-mail address.
4.10 If the Buyer chooses to pay via “Bank transfer”, he/she must also click on the link “Submit order” after filling in the form with his/her personal data, and the Seller shall send an invoice for the Goods to the e-mail address indicated by the Buyer in the form. Then, the Buyer can pay the invoice by way of a bank transfer from any bank account.
4.11 The contract shall enter into force after full receipt of the amount payable on the Seller’s bank account.
4.12 In the event of a successful placement of an order and entry into the purchase and sales contract, the Seller shall send an electronic order confirmation (order payment confirmation) to the e-mail address indicated by the Buyer.
4.13 The orders placed in the Shop heveren.ee are processed on business days Monday to Friday from 9:00 a.m. to 5:00 p.m. If an order is placed on Friday after 12:00 noon, the order is filled out on the following Monday.
4.14 If the Buyer fails to pay for the Goods indicated in the order by the term given in the order (generally, 3 calendar days unless noted otherwise by the Seller), the Seller shall automatically cancel the order and no purchase and sale transaction shall be concluded for the Goods between the Buyer and the Seller.
4.15 If the Goods ordered cannot be delivered because they have run out of stock or for any other reason, the Buyer shall be notified at the first opportunity and the amount paid (incl. delivery charge) shall be refunded immediately, but within 14 days after receipt of the notification at the latest.
4.16 The Buyer must be careful when filling in the fields for the order because accuracy and correctness are what guarantee fast and problem-free delivery of the products purchased by the Buyer.
5.1 The Seller shall perform the purchase and sale transaction immediately after entry into the contract (upon receipt of the funds on the Seller’s account) and shall start the delivery of the Goods that are object of the contract to the transport company in 48 hours according to the delivery method selected by the Buyer. In case of a delay in delivering the Goods to the courier company, we shall notify the Buyer on the telephone or e-mail indicated in the order in 3 business days after entry into force of the purchase and sale contract.
5.2 The Goods shall be dispatched to the following countries: Estonia, Latvia, Lithuania and Finland.
5.3 The Buyer shall pay the delivery charge for the Goods; the prices are given next to the delivery methods.
5.4 Deliveries in Estonia generally reach the destination in 2–6 business days after entry into force of the sales contract. Deliveries outside Estonia are made in 7 business days.
5.5 After entry into force of the sales contract, Goods can be delivered in two ways:
5.5.1 The courier company delivers the Goods to the address noted in the order;
5.5.2 The Goods are delivered to the parcel terminal noted in the order.
5.6 It is not possible to change the destination at a later time.
5.7 To receive the Goods without a delay, the Buyer must be careful to submit true and valid delivery details.
5.8 The Seller shall not be held liable for any delays in delivery of the Goods if the Goods have been delivered to logistics partners on time, but the delivery is delayed due to circumstances which the Seller could not have affected or foreseen.
5.9 Should it appear after entry into a purchase and sale transaction that the Goods purchased by the Buyer are no longer available in the Seller’s stock and it is evident that the delivery of the Goods during the delivery term indicated in the Conditions is not possible for any circumstances for which the Seller is not liable, the Seller shall notify the Buyer thereof on the telephone or e-mail address indicated by the Buyer in the order at the first opportunity, but in 3 business days at the latest after entry into the purchase and sale contract and shall state the delivery time of the Goods ordered by the Buyer. In this event, the Buyer shall have the right to withdraw from the contract.
6.1 After receipt of the Goods, the Buyer shall have the right to withdraw from the contract signed in the Shop within 14 days. The 14-day right of return applies to private customers only. Legal persons shall not have the 14-day right of return.
6.2 The product to be returned shall be unused, complete and in the original packaging complete in all parts (must contain the original packaging and all the items in the packaging). If a product has been purchased during a campaign and any other products have been added to it, the entire set (i.e., all products) shall be returned.
6.3 The packaging of the Goods to be returned shall not be damaged and must be of marketable appearance.
6.4 If a returned product does not comply with any of the above criteria, the Seller shall have the right to refuse acceptance of the product.
6.5 To return the Goods, a free-form application must be filled in and sent to the address email@example.com within 14 days of receipt of the Goods at the latest. Expendable materials, bodycare and hygiene products shall not be returnable if the Buyer has opened the packaging.
6.6 The Buyer shall return the Goods within 14 days after submitting the application or submit proof of having delivered the Goods to a logistics company within this period.
6.7 Upon receipt of the return application, the Seller shall immediately, but within 14 days at the latest return to the Buyer all amounts received under the contract, including the delivery charge. If the Buyer has selected a method of delivery different from the cheapest method provided by the Seller, the Seller shall not have to refund to the Buyer the amount exceeding the cost of the regular delivery method.
6.8 All costs directly related to return of the Goods shall be borne by the Buyer.
7. FORCE MAJEURE
7.1 The Seller shall not be held liable for any damages caused to the Buyer or any delays in the delivery of the Goods if the damages or a delay in the delivery are caused by circumstances which the Seller could not have affected or foreseen.
8. PROCESSING OF PERSONAL DATA
8.1 By submitting data in the Shop and providing his/her consent, the Buyer agrees with the collection and processing of his/her personal data (name, phone number, delivery and/or home address, e-mail address) and the transfer of his/her personal data to logistics partners for the delivery of the Goods.
8.2 The source for personal data shall be the creation of a customer relationship when registering in the Shop.
8.3 The personal data of the Buyer shall be processed by the Seller, and any personal data of the Buyer required for intermediating the Goods to the service user shall also be transferred to the company providing the courier service.
8.4 Personal data protection is ensured by all security measures arising from the law.
8.5 The service provider shall not transfer any registered personal data to unauthorised persons.
8.6 The Seller reserves the right to transfer the personal data of the service user to persons who are legally entitled to receive such data and who process the data to fulfil a statutory obligation, and to persons who are legally entitled to receive such data and this occurs for the purpose of protecting the life, health or freedom of the service user or any other person.
8.7 The Buyer gives the Seller his/her consent for sending information and documents related to the order to the e-mail address entered while filling out the order.
8.8 The Buyer gives the Seller his/her consent for using the e-mail address entered while filling out the order for sending promotional offers or any other information to the Buyer by ticking the consent box on the order placement page. The Buyer shall have the right to opt out of the offers and newsletters at any time by notifying the Seller thereof by e-mail or by following the instructions given in the e-mail containing the offers.
8.9 The Buyer shall have the right to prohibit the use of his/her personal data at any time, except when such use is required for collection of a claim arising from the Contract or for delivery of the Goods.
8.10 The Buyer shall have the right to verify his/her personal data, change the data or request that the data be removed from the register.
8.11 The Seller declares that all personal data of the Buyer disclosed while using the Shop and concluding purchase and sale transactions shall be treated as confidential information.
9. PROCEDURE FOR CLAIMS
9.1 The Seller shall be liable for any non-compliances or defects in the Goods sold to the Buyer which appear in up to two years after delivery of the Goods to the Buyer. For legal persons, we allow a 3-month term for claims.
9.2 Upon discovering any defects, the Buyer shall have the right to turn to the Seller in two months at the latest and present the document based on which the Goods were paid for. Any non-compliances in the Goods shall be notified to the Seller’s e-mail address firstname.lastname@example.org or by calling +372 56601066. If the Buyer fails to notify of the non-compliances in the Goods within the term specified in this clause, the Seller shall be released from liability for any non-compliances in the Goods.
9.3 In case of any defects in the Goods, please discontinue use of the Goods.
9.4 The Seller shall be liable for any non-compliances and defects in the Goods which appear in 2 years after delivery of the Goods to the user as follows:
9.4.1 in the first six months after delivery of the Goods, it is presumed that the non-compliance in the Goods was present at the moment of delivery, i.e. the Seller must prove the quality compliance of the Goods.
9.4.2 when six months have passed from the moment of delivery of the Goods, the Buyer must prove that the Goods are non-compliant.
9.5 The Seller and the Buyer shall agree on repairing or replacing defective Goods.
9.6 The Seller shall not be held liable for any defects in the Goods caused by the fault of the Buyer as a result of improper storage or use of the Goods.
9.7 In the event of any non-compliances or defects in the Goods, please send a claim to the e-mail email@example.com and indicate the name of the person who placed the order, the phone number, order number and exact description of the non-compliance or defect in the Goods.
9.8 The claim about non-compliance or defects in the Goods must be submitted within two months after discovery of the respective non-compliance or defect.
9.9 All claims are reviewed and the Buyer is contacted at the first opportunity, but within 14 days after receipt of the claim at the latest.
9.10 The Buyer shall have the right to request that the Seller lower the sales price or that the contract be terminated and the Goods refunded if it is not possible for the Seller to repair or replace the Goods or the Seller fails to repair or replace them.
10. AMENDMENT OF CONDITIONS, SETTLEMENT OF DISPUTES
10.1 The Seller shall have the right to partially or fully amend the Conditions unilaterally and without notice. The amendments shall take effect when published on the Seller’s website at heveren.ee. If the Buyer placed an order before the amended Conditions take effect, the legal relationship between the Buyer and the Seller shall be subject to the Conditions valid at the moment of placement of order by the Buyer, except when provided otherwise in legislation or the Conditions.
10.2 Any disputes arising between the Buyer and the Seller upon entry into and performance of the purchase and sale contract shall be attempted to be settled by negotiations. In case of failure to reach agreement, the Buyer shall have the right to turn to the Consumer Protection Board (Pronksi 12 Tallinn 10117, http://www.tarbijakaitseamet.ee) and the Consumer Disputes Committee (Rahukohtu 2 Tallinn 10130, http://www.komisjon.ee) to have the dispute settled extrajudicially. For court proceedings, the Buyer and the Seller have agreed on the court of the Seller’s location as the agreed jurisdiction. In addition, the Buyer shall have the right to turn to the European Union Consumer Centre of Estonia.