General Conditions for processing personal and ordering data in the e-store
Baltichouse Production OÜ, reg. code11669568, (hereinafter Seller) and the client, who executes an order in the Seller’s e-shop and identifies himself/herself by putting personal data down on the order (hereinafter Buyer), have concluded an e-shop Contract (hereinafter Contract).
1.1 Baltichouse Production E-shop (hereinafter E-shop) is an internet shop created by the Seller, which enables the sale of goods to the Buyer.
2. GENERAL PROVISIONS
2.1. The Contracting Parties are guided by the Law of Obligations and other laws and acts of the Republic of Estonia and agreed-upon e-shop Contract in regulating their relationships.
2.2. The Seller has the right to make changes to the e-shop service and the conditions of using the service, without prior notice.
3. PRODUCTS AND PURCHASE
3.1 Products on display in the e-shop are normally available in stock.
3.2 If a product is out of stock and it is not possible to complete the order, the Seller shall contact the Buyer and provide a new possible delivery time or that the product would be replaced with an equivalent product of the same price and quality or that the money paid would be returned. The money shall be returned to the Buyer without delay, but no later than 14 days after the order has been placed.
3.3 Displayed images of the products are illustrative and may differ from the actual product. The product discrepancies found in the e-shop are not exhaustive and may contain inadvertent errors.
3.5 The Buyer confirms being at least 18 years old.
3.6 The Buyer shall select the desired product and obliges to present the required data for the order to be carried out and to pay for the products via an online bank link, credit card or an invoice.
3.7 The Buyer obliges to present true data in filling out the order. The Seller is not liable for the incorrect data provided by the Buyer and consequences resulting from it, including the possible non-performance of the order.
3.8 A sale takes place if the Buyer has received the order via the e-store’s webpage and has paid for the order.
4.1. All prices presented in the e-shop are in Euros and include value-added tax (VAT).
4.2. The Seller has the right to change the prices displayed in the e-shop, at any time. If the prices in the e-shop have changed after the Buyer has placed the order and paid for it, the Seller obliges to deliver the products to the Buyer according to the price that was in force at the time. The Buyer does not have the right to demand compensation for the price difference.
5. DELIVERY TIME AND DELIVERY CONDITIONS
5.1 The Buyer has the right to choose between two different methods of shipping. 5.1.1 In the Republic of Estonia, the goods will be delivered to the Buyer, using the transportation organised by the Seller.
5.1.2 The Buyer can pick the garden houses up at the Seller’s warehouse at the address Risu tee 2, Pihva küla, Tartumaa.
5.1.3 The exact time of transportation will be agreed upon between the Buyer and Seller in writing.
5.2 If the Buyer has chosen the method of delivery to be the Seller’s transportation, then the Buyer has to pay for the Transportation after it has been carried out. The Seller will carry the transportation out in 14 days, if the parties do not have a different agreement.
5.3 If the Buyer has chosen to receive the goods by coming to get them on his/her own, then the Buyer will be informed via phone or e-mail, when the goods are ready to be received. The corresponding information will be transmitted to the Buyer as soon as possible, but no later than 5 workdays after the money has been received on the Seller’s bank account.
5.4 The transference of ordered goods will be done only to the Buyer based on the Buyer presenting his/her identification document. The goods are given over to third parties only upon agreeing with the Buyer to do so.
5.5 In the case of using the Buyer’s transport, the goods are only issued from Monday to Thursday, at 8.00-15.30.
5.6 In the case of issuing the goods to the Buyer’s transportation, a date is agreed upon, but no certain time can be booked, loading is carried out on the first come-first served basis.
6. WITHDRAWAL FROM THE CONTRACT
6.1 If the Buyer wishes to withdraw from the contract after placing an order, but before the Seller has carried it out, the Buyer obliges to notify the Seller of this in writing.
The written notice needs to be sent to the e-mail address [email protected] . The e-mail has to include the information on the order (purchased goods), of what the party wishes to withdraw and also the contact details of the Buyer (first name, last name, date of submitting the order, contact phone number).
6.2 If the withdrawal notification reaches the Seller after the Seller has already carried the contract out, then the withdrawal from the contract is carried out according to the chapter of this Contract – “The Right of Withdrawal”.
6.3 Free right of withdrawal applies to buying the usually-priced products. Having placed an order for discounted or campaign products, if the price for the order has also been paid, the Seller has the right to demand that the Buyer would pay for processing the order – the sum equalling 30% of the ordered product’s cost, which is retained by the Seller of the sum repaid to the Buyer.
6.4 If the Seller has already made additional costs on transport, for example loaded the goods on the transport or sent to half-way from the Buyer, the Buyer is obliged to compensate the cost of the agreed-upon transport.
6.5 The Seller transfers the Buyer the amount paid back without delay, but no later than 14 days since receiving notice of withdrawal from the contract.
6.6 The money will be transferred to the same account from where the money was received by the Seller.
7. RIGHT OF WITHDRAWAL
7.1 All e-shop contracts are concluded so that a 14-day withdrawal right applies. This withdrawal needs to be submitted to the Seller in a written reproducible form. The deadline starts from the day the goods were handed over to the Buyer. If the Buyer has decided to withdraw from the contract, an obligation to return the goods to the provider of the Service remains.
7.2 The product that is returned, needs to be without faults, complete, in unopened original packaging and unused.
7.3 The right to return the product does not include goods which have packaging that has been already opened.
7.4 For returning the product, a withdrawal notice has to be sent to the e-mail address [email protected]
The withdrawal notice has to contain the following information: the buyer’s data (name, contacts), date of purchase, the number of the purchase document (invoice), number of the house parcel (can be found from the label or the accompanying manual), date of discovering the defect, the reason for returning the product / description of reclamation, photos for proving the reclamation.
7.5 Upon withdrawal from the contract, the consumer has the obligation to immediately return the purchased item, but no longer than in 14 days since giving notice of withdrawing from the contract.
7.6 The Buyer obliges to bear the costs for returning the good, unless the returned good does not meet the order of the consumer.
7.7 If it becomes known that the product does not mean the conditions set forth in the Contract’s points 7.1 – 7.4, then the money will not be returned to the Buyer and the deposited product is left in possession of the Seller for storage.
In returning the costs of the product to the Buyer or storing the product – the costs are covered by the Buyer.
8. PROCEDURE OF PRESSING COMPLAINTS
8.1 For goods bought from the e-shop, a 2-year deadline for submitting complaints is set according to the § 218 section 2 of the Law of Obligations. During the first 6 months, the origin of the defect is identified by the Seller.
9. PERSONAL DATA AND THEIR USAGE
9.1 The Buyer gives a clear and informed consent for the Seller to process his/her personal data.
9.2 The personal data becoming known to the Seller at the time of submitting the order, will be entered to the clients’ register and used for offering the sales service and product to the Buyer.
9.3 In requesting card data, the secure SSL data connection, MasterCard SecureCode and Verified by Visa security systems are used.
9.4 The Seller cannot see the inserted card data. For making the order, the card holder will be redirected to the secure environment of the Card Centre (Pankade Kaardikeskuse AS www.estcard.ee). At the moment of payment, the card holder’s card data was successfully inserted to the database at the server of Kaardikeskus, the data is stored on a server also belonging to the Card Centre.
9.5 The source of the personal data is the emergence of a client relationship while making an order in the e-store.
9.6 The personal data of the people registered consists of the data about the Buyer’s order – last name, first name (first names), street, house, apartment number, city or town, postal code, phone number, address, shipment method, used payment method, agreement to the E-store Contract, consent to receiving sales offers, freely entered notes sent to the e-mail address.
9.7 Personal data is processed by Baltichouse Production OÜ, reg. code 11669568, with the address: Tõrvandi alevik, Ülenurme Tehnopark, Tööstuse tee 2.
9.8 The personal data of the Buyer that is necessary for forwarding the goods is forwarded to the companies offering the transport service.
9.9 The protection of personal data is ensured by all security measures required by law.
9.10 The Seller obliges to not transmit registered personal data to third parties.
9.11 The Seller reserves the right to forward the personal data of the Buyer to persons, who have a legal right for obtaining this data and who process the data for fulfilling a statutory obligation, and to persons who have a legal right for obtaining the data and this occurs for the purpose of defending the life, health or freedom of the Buyer or another person.
9.12 The Buyer has the right to check the personal data regarding him/her, also to change the data or ask for its removal from the register.
9.13 The Buyer gives the Seller his/her consent for sending an order confirmation to the e-mail address entered while filling out the order.
9.14 The Buyer gives the Seller his/her consent for receiving the Seller’s promotional offers, if such an acceptance with the general conditions of making an order is ticked.
10.1 The Seller is liable in the extent of the product’s selling price. The Seller is not does not accept liability for damages, such as damage to property, loss of sales or profit, due to defective products.
10.2 The Buyer obliges to use the e-shop service only according to the law and good practice.
10.3 The Buyer is responsible for all procurement and maintenance of communication systems’ software required to be used, while also being responsible for other costs due to using the e-shop’s Service.
10.4 The Buyer is wholly liable for using the E-shop not in accordance with the Contract and the law or good practice and for the damages caused by this to the Seller, other Buyers and third persons.
11.1 Contractual disagreements between the Buyer and the Seller are resolved according to the legislation of the Republic of Estonia. In case of not reaching an agreement, the differences will be resolved in the Tartu County Court.
12. CONDITIONS OF USE
12.1 Familiarisation with the conditions presented in the Contract is compulsory for the Buyer.
12.2 When placing an order, a certain box is ticked, stating “I agree to the general conditions of processing ordering and personal data”, the Buyer agrees, having been familiarised with the situation in the Contract, has understood that and agrees to the conditions in the Contract. The conditions are valid from 01.02.2016 and do not have an expiry date. The Seller reserves the right to change the existing conditions according to need, without giving any prior notice.
Baltichouse Production OÜ