Terms of sale
Valid from 07.07.2020
1. GENERAL PROVISIONS
1.1 These terms and conditions (hereinafter: Terms and Conditions) of sale of the 4Party e-store (hereinafter: e-store) are valid when purchasing from the e-store from the Internet address. The seller of the goods is Lunester OÜ (hereinafter: the Seller), address Männiku tee 123a // Väike Männiku tn 6, 11216 Tallinn, registry code 10073253, phone 6 559 548, e-mail address firstname.lastname@example.org. The Terms and Conditions apply to the legal relations between all persons (hereinafter: the Customer) and the Seller arising from the purchase of goods through the 4Party e-store.
1.2 The Seller has the right to unilaterally change and supplement the terms and conditions by publishing the new terms and conditions on the Internet address https://www.4party.ee/muugitingimused. If the customer submitted the order before the changes to the terms came into force, the terms and conditions in force at the time of placing the order shall apply to the legal relationship between the customer and the seller.
1.3 Before making a purchase, the customer can save, print and, if necessary, reproduce the terms and conditions, and the customer agrees to the terms and conditions of the e-store when making a purchase.
1.4 When using the e-shop, the customer is obliged to ensure the accuracy of the information provided by him.
1.5 The customer undertakes to use the e-shop only for purposes in accordance with the law and good practice.
1.6 The Customer has no right to copy, reproduce, distribute, transmit, change or otherwise use the e-shop sales environment and its content in any way, in whole or in part, without the written permission of the Seller.
1.7 In addition to the terms and conditions, the legislation in force in the Republic of Estonia applies to making a purchase from the e-store.
2. PLACING AN ORDER
2.1 Orders can be submitted in the 4Party e-shop either by logging in as a customer or as a guest.
2.1.1 In order to place orders, the Customer's contact details are mandatory, which in the case of a natural person are: first name, surname, mobile phone number and e-mail address and delivery address; for a legal entity: name of the organization, registry code, legal address, mobile phone number and e-mail address. If the legal entity is a VAT payer, also the VAT registration number (VAT).
2.2 The customer selects the desired goods from the e-shop and adds them to the shopping cart.
2.3 Information about the goods is presented in the e-shop directly next to the goods
2.4 The Products in the shopping cart are also available to other Customers until the order is confirmed, adding the shopping cart does not reserve the Product.
2.5 The customer chooses the method and place of delivery of the order.
2.6 The customer confirms the shopping cart and pays for the goods in the payment environments offered by the seller. Before paying the invoice, the customer checks that the information provided in the invoice corresponds to the customer's actual request.
2.7 After paying for the goods, the Customer must click on the link "Back to the merchant".
2.8 The Seller will send a confirmation and invoice to the Customer by e-mail regarding the receipt of the order and payment. Acceptance of the Order is information about the acceptance of the Order, but does not mean immediate execution of the Order.
2.9 The sales contract between the Seller and the Customer enters into force as of the receipt of the purchase amount paid by the customer in full to the Seller's current account.
2.10 The Seller has the right to cancel the order, either in part or in full, and not deliver the ordered Products if the price of the product is incorrectly displayed in the e-shop or the money paid (incl. delivery costs) shall be refunded no later than within 14 days of sending the notice. The refund will be made to the same current account from which the purchase was made.
2.11 The Seller shall not be liable for any damage that may occur to the Customer due to the impossibility of using the e-store due to any technical problems, including the subsequent delivery of the ordered products.
3. PRICE OF GOODS AND PAYMENT OPTIONS
3.1 All prices of goods sold in the 4Party e-shop are shown in euros and include VAT.
3.2 If the Customer does not choose to pick up the ordered goods himself, the delivery price of the goods will be added to the sales price. The delivery fee is displayed when ordering and depends on the location of the buyer and the method of delivery.
3.3. You can pay for the goods in the ways shown in the online environment of the e-store. A service fee may be added to the cost of the order in accordance with the agreement concluded between the customer and the issuer of the bank or credit card.
3.4 The customer pays the sale price of the goods and the delivery fee in full in advance for the order. Payment is made outside the e-shop in a secure environment of the bank. The seller does not have access to the customer's bank and credit card details.
4. RECEIPT OF GOODS
4.1 The goods can be ordered using the 4Party representative store, SmartPOST or Omniva parcel machine or to the address indicated by the customer using the courier service.
4.1.1 The Seller reserves the right to change the delivery methods if necessary
4.2. Receipt of the goods from the representative store.
4.2.1. The goods will be delivered in the 4Party representative store during the store's opening hours.
4.2.2 Goods purchased from the e-store will arrive after the sales contract enters into force
4.2.3 The Goods will be issued to the Customer upon presentation of an identity document (ID card, passport, driving license) and order number. In the absence of an identity document, the Seller may not issue the Goods.
4.2.4 Upon receipt of the goods in the 4Party representative store, the delivery fee will not be added to the amount.
4.2.5 If the customer does not pick up the goods within 14 calendar days, the seller considers that the customer has canceled the order and the seller returns the purchase amount to the customer immediately, but not later than within 14 calendar days to the same current account.
4.3 Receipt of goods from the parcel machine
4.3.1 Upon delivery of the goods to the SmartPOST or Omniva parcel machine chosen by the customer, the delivery fee will be added to the price of the goods depending on the location of the buyer and the method of delivery. The delivery fee is displayed when ordering.
4.3.2 The purchased goods will arrive at the parcel machine within four working days after the purchase.
4.3.3 The Seller is not responsible for the delay in delivery of the Products if the Products have been handed over to the logistics partners on time, but the delay in delivery is due to circumstances beyond the Seller's control or foreseeable.
4.3.4 The customer is notified of the arrival of the goods at the parcel machine by an SMS message, which contains a unique door code for opening the parcel machine door.
4.3.5 The seller is not liable for the damage caused to the customer if, for reasons beyond the seller's control, third parties have received a unique code of the parcel machine and the goods have been received on the basis thereof.
4.3.6 If the customer has not received the goods from the parcel machine after the deposit period, the seller considers that the customer has canceled the order and the seller returns the purchase amount (excluding delivery costs) immediately, but not later than within 14 calendar days to the same current account .
4.3.7 The Seller reserves the right to deduct the reasonable costs incurred by the Seller for processing the order.
4.4.Receipt of goods by courier
4.4.1 When choosing a COURIER for delivery of the Goods, a delivery fee will be added to the price of the goods, the amount of which depends on the location of the buyer and will be displayed when placing the order.
4.4.2 Purchased Goods will be delivered to the place no later than on the third working day between 9:00 and 21:00, taking into account the purchase. The exact time of delivery of the goods is agreed upon by the courier with the customer in advance by telephone.
4.4.3 The Customer must ensure receipt of the Goods at the agreed time and address. If the customer is not available at the time of arrival of the Goods, the courier will make one additional attempt to deliver the Goods. If both attempts to deliver the Goods to the customer fail, the seller considers that the customer has canceled the order and returns the purchase amount (excluding delivery costs) to the customer immediately, but not later than within 14 calendar days to the same current account.
4.4.4 The seller has the right to refuse to refund the purchase amount in the case of perishable goods (eg inflated balloons).
4.5. Control of goods
4.5.1 Upon receipt of the Goods, the Customer must check its condition. In case of defects, the seller must be informed immediately at email@example.com. If possible, take pictures of problematic goods.
4.5.2 If the Customer discovers upon receipt of the Goods that the wrong or defective Goods have been sent to him or the Goods do not reach the Customer in good condition, the Seller's customer service must be notified immediately.
4.5.3 If the Customer has damaged the packaging due to negligence, ie the product packaging could be opened without damaging it, the Seller has the right to demand compensation for the damage caused when returning the goods.
4.5.4 The Seller is responsible for the Goods purchased by the Customer during its transportation. From the moment of receipt of the Goods, the risk of damage or loss of the Goods passes to the Customer.
5. RETURN OF GOODS, WITHDRAWAL FROM THE CONTRACT AND REFUNDS
5.1 The customer has the right to withdraw from the contract within 14 calendar days from the receipt of the goods, except in case of defects in the product.
5.2 In order to return the Goods, the Customer must fill in the application for return of the products and forward it together with the Goods to the Seller through customer service or through the parcel machine used to receive the goods.
5.3 When exercising the right of withdrawal, the customer is obliged to return the goods to the seller no later than within 14 days as of the submission of the withdrawal application.
5.4 The Customer may exercise the right to withdraw from the contract if the Goods are unused and undamaged. The direct costs related to the return shall be borne by the Customer.
5.5. The returned Goods must be unused and undamaged. The customer is responsible for the decrease in the value of the goods upon inspection. The right of withdrawal of 14 days does not apply to goods which, due to their nature, cannot be returned (§ 53 (4) of the LPA):
5.5.1 The Goods have been manufactured taking into account the specific personal needs of the Customer;
5.5.2 The Goods have been manufactured in accordance with the conditions submitted by the Customer;
5.5.3 The goods are mixed or combined with another product or goods in such a way that they can no longer be separated from each other;
5.5.4 Goods that deteriorate or age rapidly;
5.5.5 Provision of a service or other lasting performance, if the Seller's obligations arising from the contract have been fully fulfilled and the provision of a service or other performance has begun with the express prior consent of the Customer and confirmation that he loses his right of withdrawal.
5.6 If the Customer has withdrawn from the transaction, the Seller shall return the purchase amount to the Customer together with the delivery fee immediately, but not later than within 14 calendar days from the receipt of the withdrawal application by the Seller. The refund will be made to the same current account from which the purchase was made.
5.7 If the Customer has intentionally damaged or damaged the returned Goods or due to negligence, the Seller has the right to refuse to take back the Goods or demand compensation for the damage caused.
6. SUBMISSION OF CLAIMS
6.1 In case of sale of goods to the customer, it is presumed that the non-compliance with the terms of the contract revealed within 14 days from the date of delivery of the goods to the customer existed at the time of delivery, unless such presumption is contrary to the nature of the thing or defect. The Customer undertakes to notify the Seller of the non-conformity of the Goods within 14 days at the latest.
6.2 It is recommended that the customer submits a complaint by e-mail to the address firstname.lastname@example.org or in the 4Party warehouse (Männiku tee 123a // Väike Männiku tn 6, Tallinn) at the customer service counter. The claim must state the name and contact details of the customer, the date of submission of the claim, the defect in the goods and the content of the claim to be submitted, and attach a document certifying the purchase.
6.3 The Seller shall not be liable for any damage or any other consequences arising from incorrect information provided by the Customer during the execution of the order, including delay in delivery, if it is due to circumstances beyond the Seller's control.
6.4 The Seller is not liable for damages caused by improper use of the ordered Goods.
6.5 Disputes arising between the Seller and the Customer shall be resolved by the parties through negotiations. If the agreement is not reached, the Customer has the right to turn to the Consumer Environment Department of the Consumer Protection and Technical Surveillance Authority (https://www.ttja.ee) and the Consumer Disputes Committee (http://www.k komis.ee) for out-of-court settlement of disputes or to Harju County Court.
7. PROCESSING OF CUSTOMER PERSONAL DATA
7.1 The chief processor of personal data in the e-shop is Lunester OÜ.
7.2 The Seller shall take all measures (incl. Administrative, technical and physical measures) to protect the Customer's personal data. Only authorized persons have access to modify and process the data.
7.3 The Seller has the right to process the personal data provided by the Customer (incl. Name, telephone number, address, e-mail address, bank details) and purchase data in accordance with the applicable legislation to the extent necessary to process the order and send the Goods to the buyer. The Seller transmits personal data to the companies providing the transport service to the extent that ensures the delivery of the necessary Goods to the Customer.
7.4 The Seller shall send newsletters and offers to the Customer to the Buyer's e-mail address only if the Customer has expressed a wish by entering the e-mail address on the website and has announced his / her wish to receive direct mail notifications.
7.5 The Customer may at any time cancel the offers and newsletters sent to the e-mail by notifying the Seller thereof by e-mail or by following the instructions provided in the e-mail containing the offers.
7.6 When purchasing as a guest in the e-store, the customer's first and last name, e-mail address, telephone and postal address shall be registered if it is necessary to deliver the goods to the customer. After this deadline, the personal data will be deleted automatically.
7.7 The Customer has the right to inspect or request the modification, specification of his or her personal data and the termination or deletion of their processing at any time in accordance with the Personal Data Protection Act, except in cases provided by law.
7.8 The Seller reserves the right to transfer data concerning the Customer if it is transmitted to a person who processes the data for the performance of an obligation prescribed by law or to a person who has a legal right to do so.
8.2.1 Enable the use of the e-shop;
8.2.2 Remember the Customer's choices in the e-shop;
8.2.3 Show advertising and offers suitable for the first and / or third party Client;
8.2.4 Optimize marketing communication.
8.3 The Customer may delete and / or block cookies stored on its devices by changing the respective settings of its web browser. If cookies are not used, the e-shop may not work as planned and / or some functionalities may not be available to the customer.