terms of service
1.1The present terms and conditions (the “Terms” ) are applicable for all legal relations, product (the "Product") offers, sales and deliveries between the web store user (“Client”) and karudjapojad.com (“Web store”) run by Kujunduskuurort OÜ, reg. code 12105075, registered at L. Tolstoi 6a-2, 50106 Tartu, Eesti, Tallinn.
1.2 In addition to the present terms and conditions, the legal relations arising from using the Web store are regulated by applicable legal acts enforced by the Republic of Estonia.
1.3 The Web store has the right to change these Terms. All the changes will be published online on the karudjapojad.com website and will come into effect immediately after their publication. By using the site or placing an order, the Client agrees to the Terms.2. Prices
2.1 The prices in the Web store are stated in euros (€), Kujunduskuurort OÜ is not VAT pay
2.2 The prices do not include the shipping costs for the Product. The shipping costs are displayed before checkout.
2.3 If the Client orders Products for delivery outside the EU, then the Products might be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges are paid by the Client.
2.4 The Web store has the right to change the prices displayed in the Web store. All the changes are published online at stellasoomlais.com and become effective immediately after publication.
2.5 If the Client places an order before a new price is published, then the price will be adjusted to match the price that applied at the time of placing the order.
3. Placing an order and payment
3.1 In order to purchase a Product from the Web store, the Client selects the Product and clicks the “Add to cart” button. The Client can then look at the Products they have chosen, change amounts and remove Products by selecting “Shopping cart”. On the Shopping cart page, the Client can choose their shipping method and the shipping charges are displayed.
3.2 To confirm the order, the Client enters their name, e-mail address, company name (if the invoice is going to a company), shipping address and phone number. The Client is responsible for entering the correct delivery details to ensure a fast and smooth delivery. Once the order has been confirmed, the Web store will contact the Client to confirm any details (colour, size, etc).
3.3 The Client can pay for the Product by bank transfer through Everypay. The Client pays 100% of the order’s price when they confirm the order.
3.4 The contract between the Client and the Web store enters into force the moment the payment is received on the Web store’s bank account.
4. Shipping
4.1 The Web store sends the Products to the Client via tracked post or self-service lockers. Alternatively, the Client can pick up their Products in person (Kastani 42, Tartu at 12-18 during Wed-Fri and 12-16 Sat. at other times by prior arrangement)
4.2 Delivery within Estonia takes a 3-7 working days, if the Client has special wishes when ordering the product, it may take an additional 1-7 working days. In exceptional cases, the right to deliver the product within up to 45 calendar days.
4.4 The Web store is not responsible for any delivery delays or problems that are caused by the Client entering incorrect information when making the order.
5. Returns
5.1 If the Client is not satisfied with the Product, then the Client has the right to return the Product within 14 days after receiving the Product by notifying the Web store about it via the email address karudjapojad@gmail.com.
5.2 The Product must be returned in the same condition that the Client received it in. The Product must be unused meaning that the Product cannot have any marks, traces or damage that it did not have when the Client received the Product. If the goods have been used for other purposes or have signs of use or wear, the Online Store has the right to reduce the refundable fee according to the decrease in the value of the goods.
5.3 If the Client returns the Product based on clause 5.1 and 5.2, then the Web store will refund the Client the sum paid for the Product (shipping fees will be paid by the Client). The money for the Product will be refunded to the Client no later than 14 days after the Web store has received the Client’s refund claim, provided that the Web store receives the returned Product within this period (14 days).
5.4 The Client has the right to contact the Web store about any defects in the Product within two months of discovering the defect. If the Product shows defects, then the Web store will replace or fix the Product or, if it is not feasible, offer a refund. The Web store is responsible for any non-conformities or defects on the Products they sell to the Client which were present when the Product was given to the Client and which appear within two years from the Client receiving the Product. During the first six months after the Client received the Product, it is assumed that that defect was present when the Product was handed over to the Client. When the Client files a complaint, the Web store will cover the costs of resolving it during the first six months after purchase. During the following 1.5 years, the Web store will cover the costs of resolving the complaint only if it is justified. The Web store is not responsible for covering the costs of resolving the complaint if: (i) the defect in the Product is caused by the Client or their negligence (ii) the defect in the Product is caused by abnormal use of the Product (iii) when the defect in the Product is caused by natural wear and tear. The Web store asks the Client to send their complaint to the email address karudjapojad@gmail.com. The Web store will reply to the Client’s complaint in writing or in a format that can be replayed in writing within 15 days.
5.5 When purchasing from the "Vintage" category of the Online Store, it must be taken into account that these are used items and there is no warranty on the products.5.5 The Web store reserves the right to cancel the contract if it is not possible to produce the Product that the Client has ordered or if the Product was ordered during the time when there was a typographic error on the Web store regarding the Product’s price. If the contract is cancelled, then the Client will be informed of this via email and they will receive a refund as soon as possible but not later than 30 days after placing the order.
6. Copyright
6.1 All the content available on the Web store, including, but not limited to, text, graphics, logos, images, video and audio clips are protected by copyright which is owned solely by the Web store.
6.2 Using, reproducing, duplicating, copying, selling, modifying, or using the copyrighted content defined under 6.1 in any other way is forbidden without any reference to the Web store.
7. Using and protecting personal data
7.1 The Client allows the Web store to process their personal information. The information that the Client enters when placing an order will be processed to fulfil the order and follow any legal requirements based on legitimate interest or the Client’s permission.
7.2 The Web store registers the following information about the Client’s order - the Client’s name, address, email address, phone number, payment method and information about the product that the Client has chosen (including size).
7.3 The Client has the following rights regarding the processing of their personal information:
7.3.1 acquire information about the personal data that has been gathered about the Client
7.3.2 look at the personal data that has been gathered about the Client
7.3.3 request for amendments if the personal data is incorrect
7.3.4 apply for the deletion or restrictions on the Client’s personal data. Personal data can be deleted only if there are no legal reasons to continue processing the data
7.3.5 request for a transfer of personal data. The client has the right to request a transfer of their data to another data processor
7.3.6 submit an objection to the processing of the Client’s personal data
7.3.7 revoke the agreement if the information was processed based on the Client’s approval
7.3.8 submit a complaint about the Web store to the email address karudjapojad@gmail.com or to the Data Protection Inspectorate if the Client thinks that their rights have been violated when processing their data.
7.4 Forwarding personal data to third parties: the Web store forwards personal data to third parties only to the extent that is needed to achieve the goals stipulated in 7.1, including:
7.4.1 to authorised processors (courier service, EveryPay AS for payment processing, creating and issuing invoices, making debt claims)
7.4.2 to government authorities if the laws or other legal documents demand it
7.4.3 to named authorised people or other people in charge based on the Client’s permission (acting on the right to transfer personal data)
7.5 The Web store can send the Client offers, newsletters, questionnaires and other messages to the email address provided by the Client when submitting the order if the Client agrees to it. The Client can revoke this permission at any time.
7.6 The Web store guarantees that the personal data entered by the Client is kept confidential and applies security measures to protect personal data.
7.7 The Web store retains the Client’s personal information for a period of time that is required to achieve the goals set out in the contract or as long as prescribed by the law.
7.8 All queries regarding how the Web store handles personal data should be sent to karudjapojad@gmail.com. The Web store will reply within 30 days. If the Web store thinks it will take longer to reply to the query, they will extend the period to two months. If this is the case, the Web store will notify the Client immediately.
8. Liability and force majeure
8.1 Both parties are released of their commitment to this contract and any duties that are related to it either partially or in full if force majeure prevents a party from fulfilling their contractual obligations. Both parties are obliged to apply all possible measures to prevent causing damage to the other party and to guarantee the fulfilment of as much of the contract as possible. The party that wishes to refer to force majeure as the reason for failing to fulfil their legal or contractual obligations needs to prove the existence of force majeure. Force majeure cannot be defined by changes in economic circumstances, wether conditions, price hikes, holidays, bankruptcy or notice of bankruptcy or the securing of an action.
8.2. The Web store’s liability is limited to the price of the Product.
8.3 The Web store is not responsible for any links to other websites that are mentioned on the Web store and the Web store is not liable for any damages caused by using these links.
9. Governing law
9.1 The Terms are governed by the legislative acts of Estonian Republic.
9.2 All the disputes between the Client and the Web store are resolved through negotiations. If a compromise cannot be reached, the Client has the right to turn to the Customer Protection Department or the Online Dispute Resolution platform hosted by the European Union. The jurisdiction lies with Tartu Maakohus.