1. GENERAL
1.1. The owner of the NirgiWabrik online store (hereinafter referred to as the Online Store) is NirgiWabrik OÜ (registry code 16064367), located at Sõjakooli 12, Tallinn.
1.2. These terms of use govern the legal relations arising between NirgiWabrik OÜ (the Seller) and the person who made the purchase (the Buyer) in the buying and selling process in the Online Store.
1.3. In addition to these terms, the legal relations arising from the marketing of products through the e-shop are governed by the laws of the Republic of Estonia.
1.4. The Seller may change the e-shop’s terms of use and the prices of products and services. Changes will be announced in the e-shop environment. The terms and prices valid at the time of the transaction will be applied to the transaction.
1.5. The selection of products, prices, and discounts may differ from the product selection, prices, and discounts of the Seller’s retail stores.
2. PRICE
2.1. Information about the goods is provided directly next to the product in the Online Store and includes the 20% VAT applicable in the Republic of Estonia.
2.2. Product prices are indicated next to the products in the Online Store. A fee for product delivery will be added to the price, unless otherwise stated when paying for the product. The product delivery fee depends on the Buyer’s location and the delivery method. The delivery fee is displayed to the Buyer when placing the order.
2.3. The Online Store has the right to withdraw from the sales transaction and demand the return of the goods from the Buyer if the price of the goods in the Online Store is significantly below the market price due to an error.
3. PLACING AN ORDER
3.1. To order goods, add the desired products to the shopping cart. To place an order, fill in the required data fields and select a suitable product delivery method.
3.2. In the shopping cart, it is possible to change products and quantities and remove products from the shopping cart until payment for the product.
3.3. When placing the order, the final price will be displayed on the screen, which can be paid via bank link or other payment solution.
3.4. The contract enters into force from the moment the amount due is received in the Online Store’s bank account.
3.5. The Seller will send a notification of order confirmation to the Buyer’s email address. If the email is not found in the inbox, please check if it has accidentally landed in the spam folder.
3.6. The Seller has the right to withdraw from the contract if the ordered goods cannot be delivered due to the goods being out of stock or for any other reason. The Seller will inform the Buyer of this as soon as possible and will immediately refund the entire payment received for the ordered goods (including delivery costs), but no later than within 14 days from sending the notification.
4. PAYMENT
4.1. The Buyer pays 100% in advance for purchases made in the Online Store.
4.2. Orders can be paid via Estonian bank links through PaySera or based on an invoice.
4.3. Payment takes place in a secure environment outside the e-shop. The Seller does not have access to the Buyer’s bank and credit card details.
5. DELIVERY
5.1. The Online Store delivers products within Estonia.
5.2. Products are delivered according to the method chosen by the Buyer in the Online Store.
5.3. The shipping costs for the goods are borne by the Buyer, and the corresponding price information is displayed next to the shipping method.
5.4. The Seller dispatches orders on all working days, but no later than within five working days after order confirmation. In exceptional cases, the goods may be delivered within up to 45 calendar days. The latter includes special orders.
6. RIGHT OF WITHDRAWAL, PRODUCT RETURNS AND EXCHANGES
6.1. The Buyer has the right to withdraw from the transaction within 14 calendar days by submitting a written withdrawal application for the purchase of goods to the Seller, which is located on the e-commerce association’s website and which contains the following information:
– First and last name
– Contact phone number
– Email address
– Address
– Bank account details
– Order date
– Date of receipt of the item
– Name of the returned product
– Product serial number
– Product purchase invoice number
– Reason for return
6.2. The withdrawal application for the purchase of goods must be sent to the email address johannapaiste@gmail.com or to the address Sõjakooli 12-27, Tallinn, no later than 14 calendar days from the receipt of the goods. The Seller will confirm the receipt of the withdrawal application with a notification sent to the Buyer.
6.3. The returned product must include all purchase documentation. Labels attached to the goods and items installed to protect the condition of the goods (e.g., protective films, moisture absorbers, plastic wraps, etc.), which do not prevent trying on or examining the goods, must remain unremoved when returning the goods.
6.4. To exercise the 14-day right of return, the ordered goods must not be used in any way other than what is necessary to ascertain the nature, characteristics, and functioning of the goods, in a manner permitted for trying on goods in a physical store. If the goods have been used for purposes other than what is necessary to ascertain their nature, characteristics, and functioning, or if they show signs of use or wear, the Seller has the right to reduce the refunded amount according to the decrease in the value of the goods or to refuse to compensate for the cost of the goods.
6.5. Return conditions apply to standard-sized products. Special orders and products customized according to special requests are not subject to return.
6.6. The Buyer can exchange the ordered product within 14 calendar days after receiving it if the size of the ordered product is unsuitable. Conditions 6.1-6.5 apply to the return of an unsuitable sized product.
6.7. If the product returned to the Seller cannot be exchanged due to the unavailability of the Buyer’s desired size, the Seller will contact the Buyer to offer a solution.
6.8. From the day the withdrawal application for the purchase of goods is submitted, the Buyer is obliged to return the product subject to return within 14 calendar days.
6.9. Until the returned product is received, the Seller does not assume responsibility for the product. Product return and/or exchange is free, except for return transport costs, which are borne by the Buyer. If a defective product has been handed over to the Buyer, the costs related to the return are borne by the Seller.
6.10. Upon receipt of the returned goods, the Seller will immediately refund to the Buyer, but no later than 14 days from the receipt of the withdrawal application, all payments received from the Buyer under the contract, including transport costs. If the Buyer has explicitly chosen a delivery method different from the cheapest standard delivery method offered by the Online Store, the Seller is not obliged to refund the Buyer for costs exceeding those associated with the standard delivery method.
6.11. The Seller reserves the right to delay making refunds until the item subject to the contract has been received back.
6.12. The Online Store has the right to withdraw from the sales transaction and demand the return of the goods from the Buyer if the price of the goods in the Online Store is significantly below the market price due to an error.
7. RIGHT TO FILE a COMPLAINT
7.1. The Seller is responsible for any non-conformity or defect of the goods sold to the Buyer that existed at the time of delivery and appears within two years from the delivery of the goods to the Buyer, of which, during the first six months from the delivery of the item to the Buyer, it is presumed that the defect existed at the time of delivery. It is the Seller’s obligation to refute this presumption. The Seller is not responsible for defects that have arisen after the goods were handed over to the Buyer.
7.2. Upon discovering non-conformity or defects in the product, the Buyer is obliged to immediately, but no later than within 2 months of becoming aware of the non-conformity, notify the Seller by sending the relevant information to the email address johannapaiste@gmail.com or in writing to the address Sõjakooli 12-27, Tallinn.
7.3. In case of non-conformity or defect of the product, the Buyer has the right to demand the repair or replacement of the product with a conforming and defect-free product, or to return the product at the Seller’s expense.
7.4. The Buyer has the right to demand a reduction in the purchase price of the product or termination of the contract and reimbursement of the amounts paid for the product if:
– The Seller is unable to repair or replace the product, or
– The repair or replacement of the product fails, or
– The Seller has not eliminated the product defect within a reasonable time.
7.5. In case of return of a non-conforming product, the amount paid for the product, including transport costs, will be refunded to the Buyer’s bank account indicated by the Buyer within 14 days at the latest. The Seller has the right to delay the refund of the paid amounts until the Buyer has returned the product in their possession.
7.6. The Seller bears the costs related to the repair or replacement of the item within the first six months from the delivery of the item to the Buyer. For the subsequent 1.5 years, the Seller bears the corresponding costs only if the complaint is justified. The Seller does not compensate for expenses incurred by the Buyer in case of non-conformity or defects of the product, nor is responsible for them, if:
– The value of the product has decreased/the product is damaged due to the Buyer’s fault;
– Defects have arisen due to non-intended use of the product, including non-compliance with maintenance instructions;
– The value of the product has decreased due to normal wear and tear from ordinary use;
– A copy of the document proving the purchase is missing.
7.7. In case of disagreements between the Buyer and the Seller regarding product defects, the Buyer has the right to submit a complaint to the Seller, stating in the complaint, submitted in writing or in a form allowing written reproduction, their name and contact details, the date of submission of the complaint, the defect in the product, and their desired solution. The Seller will respond to the Buyer’s complaint in writing or in a form allowing written reproduction within 14 calendar days. If the Buyer has complaints regarding the Online Store, these should be sent to the email address johannapaiste@gmail.com.
7.8. If the Buyer and the Seller do not reach an agreement regarding the dispute, the Buyer has the right to turn to the Consumer Disputes Committee operating under the Estonian Consumer Protection and Technical Regulatory Authority for out-of-court settlement of the dispute in Estonia. The procedural terms can be found and an application submitted here (https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon). The Consumer Disputes Committee is competent to resolve disputes arising from contracts concluded between the Buyer and the Seller. The review of the Buyer’s complaint by the committee is free of charge. When resolving disputes at the Estonian Consumer Protection and Technical Regulatory Authority, the laws of the Republic of Estonia are applied. The Buyer may turn to the European Union’s consumer dispute resolution platform. (https://ec.europa.eu/consumers/odr/main/index.cfm)
7.9. If the parties do not agree with the committee’s decision, they have the right to appeal to the county court in the Buyer’s location.
8. PROCESSING OF PERSONAL DATA
8.1. The responsible processor of personal data is Financial Shines OÜ (registry code [company registry code]), located at Sõjakooli 12-27, Tallinn.
8.2. The processing of personal data complies with Estonian and European Union legislation.
8.3. The responsible processor collects the following personal data: name, phone number, address, email address, bank details. The data is used only for processing the order and sending the goods to the Buyer. The Seller transfers personal data to transport service providers for the purpose of delivering the goods.
8.4. Personal data submitted to the responsible processor is protected and treated as confidential information. Data communication between the client and banks is encrypted. The data processor does not have access to the client’s confidential bank and payment card details. The responsible processor does not disclose data known to them to third parties.
8.5. The responsible processor of personal data may send newsletters to the Buyer, including satisfaction surveys and offers, to the Buyer’s email address only if the Buyer has given prior consent.
8.6. The Buyer has the right to file a complaint with the Data Protection Inspectorate or a court if they find that their rights have been violated during the processing of personal data. The contact details of the Data Protection Authority (AKI) can be found on the AKI website at www.aki.ee.
