ONLINE STORE USER AGREEMENT
OÜ Cerbos, registry code 10105289, located at Polli village, Karksi parish, Viljandimaa, 69104 (hereinafter referred to as the "Seller”) and the customer who places his or her order via the cerbos.ee online store and identifies herself or himself by entering her personal data into the order form (hereinafter referred to as the "Customer"), have entered into this Online Store User Agreement (hereinafter referred to as the "User Agreement").
1. GENERAL PROVISIONS
1.1. Relations of the parties are regulated by the principles of the Law of Obligations Act, other laws and regulations of the Republic of Estonia and the terms of this User Agreement.
1.2. The Seller has the right to make changes to the product and services of the online store at any time.
1.3. The Seller has the right to amend the User Agreement without an obligation to notify the Customer.
2. GOODS AND MAKING A PURCHASE
2.1. The goods offered in the Online Store are generally available in stock. All items in the Online Store are displayed with images and a description. The goods in the Online Store are sold to both natural and legal persons.
The product images displayed in the Online Store are for illustrative use only and may differ from the actual items.
2.2. If an item is out of stock and the order cannot be fulfilled, the Seller shall contact the Customer. In such a case, the Seller shall suggest a new delivery time or a replacement product of the same price and quality. If the Customer does not agree with the new terms and conditions, he or she may cancel the order and the payment shall be fully refunded.
Delivery time of pre-ordered items depends on the stock inventory and the delivery schedule of the manufacturer. For information about specify delivery times, the Customer is able to contact the Seller on the e-mail address of the online store .
2.3. Making a Purchase
2.3.1. Adding items to the shopping cart
Select the suitable items and add them to the cart by clicking the "Add to Cart" button. (Placing items into the shopping cart does not oblige the Customer for purchase.) Continue adding items to the cart until all the necessary items are added. To view the products in the shopping cart (and to remove unwanted items), select "Shopping Cart". It is possible to increase and decrease the quantities of items in the shopping cart.
2.3.2. Logging in. The Customer must register as a customer upon the first purchase (first name, last name, e-mail address, phone number, delivery address, postal code etc.). For each subsequent purchase, only the e-mail address and password must be entered.
This data is necessary for delivering the bill and the goods. Data submitted by the Customer is considered confidential and shall not be transferred to third parties, except for the delivery of goods and other cases prescribed by law.
The Customer commits to submitting correct data when placing an order. The data is necessary for fulfilling the order. The Seller is not responsible for non-compliance with the order due to incorrect data entered by the Customer or any other consequence thereof.
2.3.3. Delivery. The Customer has a choice methods of delivery:
1. The Customer picks up the goods or arranges delivery.
2. Omniva (Eesti Post) parcel terminal (transport fee in Estonia 3,6 €). ! FREE transport
3. Itella SmartPOST parcel terminal (transport fee in Estonia 3,6 €). ! FREE transport
4. The Seller arranges delivery (free delivery for orders over 500 €, delivery fee of 18 € for orders under 500 € within Estonia)
5. Omniva (Post24) LATVIA parcel terminal 9 €.
6. Omniva (Post24) LITHUANIA parcel terminal 10 €.
7. Itella SmartPOSTi FINLAND parcel terminal 15 €.
8. Transportation to other countries. The price of transport is calculated on the basis of a personal offer, depending on the products and customer location (since 15 €)
2.3.4 Payment and Confirmation.
1. Via bank transfer: Swedbank AS, SWIFT/BIC: HABAEE2X, IBAN: EE512200221056043405
2. Cash payment – it is possible to pay in cash for on-site purchases at the Seller’s office.
After confirming the order, the system sends an order form to the e-mail address provided by the Customer, on the basis of which the Customer shall complete the payment process. The order form number should be marked on the payment order.
The payment deadline is two working days. If the payment has not been received within this time period, the order shall be cancelled, if not agreed otherwise.
(If the order form did not reach the Customer, the spam/junk folder of the e-mail program must be checked). The invoice is e-mailed to the Customer after receiving the payment.
3.1. All prices are listed in Euros with VAT included.
3.2. The Seller has the right to change the prices displayed in the Online Store at any time.
3.3. If the Seller has changed the prices after the Customer has placed the order and made the payment, the goods shall be delivered for the price in effect at the time of placing the order. Neither the Seller nor the Customer has the right to claim compensation for the price difference.
SHIPPING AND DELIVERY
4.1. All goods shall be shipped within 1 to 7 working days after the payment has been made via the payment method selected by the Customer.
In case the Customer fails to pick the goods up within that time period, the order shall be cancelled.
If an item cannot be delivered within the permitted deadline, the Seller shall inform the Customer (via phone or e-mail) as soon as possible. In addition, the Seller shall inform the Customer of the new delivery deadline. In case the Customer is no longer interested in the product due to the extended delivery time, the Customer has the right to cancel the order. The payment shall be fully refunded.
The product(s) shall be delivered to the Customer at the address provided on the order form, within the Republic of Estonia. The Customer guarantees that the goods shall be accepted within 7 working days.
If the Customer wishes to pick up the goods, a suitable time should be arranged on the order form, via e-mail or by phone: +372 442 0222.
Goods can be picked up at the office of the Seller, located at Polli village, Karksi parish, Viljandimaa or Paide mnt. 7 , Pärnu, Pärnumaa.
The Customer is obliged to pick up the goods within 7 working days.
5. CANCELLATION OF ORDER AND RETURNS
5.1. In case the goods are not satisfactory, the Customer has the right to cancel the order and return the items within 14 days from delivery, by sending a corresponding request to the e-mail address . The invoice number, the Customer’s bank account number and contact information must be included. Return costs shall not be refunded. The goods must be returned unused and in their original packaging. Upon cancellation, the Customer shall be fully refunded on the bank account number he or she provided within 30 days of receiving the return item.
6. USAGE OF PERSONAL DATA
6.1. The Customer gives an explicit and informed consent to the Seller to process his or her personal data.
6.2. The personal data of the Customer, disclosed to the Seller upon order, are stored in the customer register and used for providing goods and services to the Customer.
6.3. Personal data originates from the formation of a relationship when customer has placed an order via the Online Store.
6.4. The personal data includes the data about the Customer’s order (first name, last name, e-mail, street name, building and flat number, postal code, town or municipality, country, telephone number, year of birth, method of delivery, method of payment, accepting the User Agreement, accepting marketing offers, any additional information the Customer provided).
6.5. The Seller is obliged to not forward the personal data to third parties, except in cases specified in the legislation of the Republic of Estonia.
6.6. The Customer has the right to check the information concerning him or her, to change the data or request the removal of his or her personal details from the register.
6.7. The Customer gives the Seller the consent to send an order confirmation to the e-mail address he or she provided when placing the order.
6.8. The Customer gives his or her consent to the Seller to send marketing offers to the e-mail address he or she provided when placing the order.
7.1. The customer is obliged to familiarise himself or herself with the terms and conditions of the User Agreement.
7.2. By clicking the "Please confirm your order by clicking the ‘Confirm Order’ button" upon placing an order, the Customer indicates that he or she is familiar with the terms and conditions of the User Agreement and agrees with them.
Issues not discussed in this document are resolved pursuant to the legislation of the Republic of Estonia. Any disagreements between the Customer and the Seller are settled by means of negotiations. If an agreement cannot be reached, the Customer has the right to appeal to the Consumer Protection Board or a judicial body.
8.1. For goods bought from the Online Store, the Seller is liable for any lack of conformity of the goods for two years from the date of delivery of the item to the Customer (LOA § 218, Subsection 2).
8.2. The Customer must notify the Seller of any lack of conformity, i.e. file a complaint, within two months (LOA § 220, Subsection 1).
8.3. The Customer may submit a complaint in any form. It is advisable to submit the complaint in writing (or any form that can be reproduced in writing) (CPA § 19, Subsection 1).
8.4. The following must be presented in writing (e.g. e-mail) or any form that can be reproduced in writing:
1. Name and contact information of the Customer;
2. Date of filing the complaint;
3. Defect of the product or service;
4. Claim submitted to the Seller;
5. Reference to the transaction or warranty document or a copy thereof annexed to the complaint (CPA § 19, Subsections 3 and 4).
8.5. If the Customer’s complaint is submitted in writing or any form that can be reproduced in writing, the Seller confirms the receipt of the complaint in the same form (CPA § 19, Subsection 5).
8.6. The Seller is required to review the complaint submitted by the Customer in writing or any form that can be reproduced in writing within 15 days (CPA § 19, Subsection 6).
8.7. If the Seller finds it impossible to settle the complaint within 15 days, the Seller is required to justify the delay, give a written notification thereof to the Customer and specify a new reasonable term (CPA § 19, Subsection 6).
8.8. The Seller is required to justify the refusal to fully or partially satisfy the claim from the Customer (CPA § 19, Subsection 7).
8.9. If the Seller fails to fulfil a promise to settle a complaint within the term specified, the Seller is deemed to have refused to settle the complaint (CPA § 19, Subsection 8).
8.10. The assessment of existing defects or their causes shall be carried out by OÜ Cerbos or the producer of the goods.
8.11. Impartial expert assessment – assessment carried out by an impartial expert upon the Customer's request, in case the Customer is not satisfied with the assessment carried out by OÜ Cerbos.
8.12. Complaints may be submitted for product defects and faulty installation.
8.13. The period of filing complaints starts from the date of purchase.
8.14. Complaints are filed on the basis of the sales invoice.
8.15. The claim is not subject to settlement if OÜ Cerbos is able to prove that the consumer is responsible for the defects.
8.16. If the item of complaint has been discontinued, OÜ Cerbos reserves the right to replace the item with a similar product with the consent of the Customer.