ONLINE SHOP USER AGREEMENT
Kumalane OÜ (hereinafter the Service Provider) and the Client, who places an order in the ligustica.ee online shop and identifies themselves by entering their personal data in the order form (hereinafter Service User), have entered into this Online Shop user agreement (hereinafter the User Agreement) 1. GENERAL 1.1 Ligustica.ee (hereinafter the Online Shop) is an Online Shop established by the Service Provider through which products are sold to the Service User. 1.2 www.ligustica.ee (ligustica.ee) is a domain registered for the Service Provider. 1.3. The Parties regulate their mutual relationships pursuant to this Agreement and the legislation of the Republic of Estonia. 1.4. The Service Provider has the right to make changes in the provided Online Shop service at any time. 1.5. The Service Provider has the right to unilaterally amend the terms and conditions of the User Agreement without the obligation to inform the Service User thereof by e-mail in writing. 1.6. The Service User confirms that they are at least 18 years old with active legal capacity and their active legal capacity has not been restricted. 2. PRICES 2.1 All prices in the Online Shop are in euros and include Value Added Tax at the rate of 20%. 2.2 The Service Provider has the right to change the prices displayed in the Online Shop any time. If the prices in the Online Shop were changed after the Service User placed the order and paid for it, the Service Provider is obliged to deliver the relevant products to the user for the prices that were in effect at the moment when the order was placed. The Service User does not have the right to demand compensation for price differences. 3. PRODUCTS AND PURCHASING 3.1 All the products that are in stock are delivered throughout Estonia on the delivery day selected by the Service User. The availability of the products displayed in the Online Shop may change according to the status of the stock or due to technical problems in the software of the Online Shop. 3.2 The stock status of each product is indicated on the product page as ‘In stock’ or ‘Out of stock’. The Service User is informed about the delivery time if the product is marked as ‘Out of stock’. 3.3 If a product is out of stock or it is obvious that the actual delivery term is longer than indicated on the product sheet or the order cannot been fulfilled, an employee of the Online Shop will contact the user and offer a possible new delivery time or replace the product with another equivalent product which has the same price and quality, or the money paid for the product will be refunded. The money will be refunded to the Service User immediately, but not later than within 14 days of the delivery date. 3.4 The displayed product images are illustrative and may differ from the actual product. The product descriptions in the e-Shop may not be exhaustive and may include accidental errors. 3.5 Product information is checked and updated on a regular basis. The data may have been updated after your last visit. 3.6 The Service User selects the products they need and is obliged to enter the data required for fulfilment of the order (surname, first name, telephone number, e-mail address, delivery address, postcode) and pays for the products to the extent of 100% in the Internet bank via bank link/by credit card or on the basis of a prepayment invoice. 3.7 The Service User must submit true data which are required for the fulfilment of the order when placing an order. The Service Provider cannot he held liable for the non-fulfilment of an order or any consequences thereof if this was caused by the submission of incorrect data by the Service User. 3.8 The Service Provider performs the sale after an order has been placed and paid for via the Online Shop. An order confirmation or prepayment invoice, which must be paid to the extent of 100%, will be e-mailed to the Service User after the latter has placed an order. The goods will be dispatched after the money has been received in the account of Kumalane OÜ. 3.9 This User Agreement will be deemed to have been entered into as of receipt of the amount payable according to the prepayment invoice or bank link in the current account of Kumalane OÜ. 4. DELIVERY TERMS
4.1 After this Agreement has entered into force, the products will be delivered to the Service User according to the data entered when the order was placed. Please check that the address and contact details are correct. 4.2 The delivery methods offered are ‘Pick up yourself’, ‘DPD courier’ or ‘Omniva parcel terminal’. 4.3 If you choose the option ‘Pick up yourself’, the client agrees to come and pick up the goods on the selected delivery date. If possible, a new delivery date suitable for the client can be agreed by e-mail before the delivery date selected in the order. 4.4 Queen bees will be delivered to the client by DPD courier in the territory of the Republic of Estonia if ‘DPD courier’ has been selected as the delivery method. Bee feed is delivered to the Omniva parcel terminal suitable for the client if ‘Omniva parcel terminal’ has been selected as the delivery method for bee feed. Orders to Latvia, Lithuania and Finland are fulfilled by DPD courier. Deliveries to other European Union Member States are by UPS courier. 4.5 When the products ordered by the user have been handed over to the courier company, the courier company will contact the user in advance in order to specify the delivery time. 4.6 Please make sure that the contact data entered during the placement of the order are correct in order to prevent delays and misunderstandings in the delivery of products. The Service Provider and the courier company cannot be held liable for delayed deliveries and misunderstandings if these have been caused by the inaccuracy or incorrectness of the data that the user submitted when placing the order. 4.7 The products are delivered by courier to the user with a delivery note. We strongly advise you to check the packaging of the products before you sign the delivery note and if the delivery note. In the case of the courier service, please inform us about a damaged products by sending an e-mail to info@ligustica.ee and adding a description of how and when the defect emerged or was detected and add photos of the defect not later than within one (1) calendar day of receipt of the product. A damaged product will be replaced or another manner of compensation will be agreed with the user.
5. WITHDRAWAL FROM AGREEMENT 5.1 If the Service User wants to withdraw from the Agreement after placing an order and before the order is fulfilled by the Service Provider, the Service User must inform the Service Provider thereof in writing as fast as possible. The written notice must be e-mailed to info@ligustica.ee. The number of the order from which the Service User wants to withdraw and the contact details of the Service Provider (first name, surname, date of order, telephone number) must be noted in the e-mail message. 5.2 Withdrawal from the Agreement will take place according to Chapter 6 ‘Returns’ of the Online Shop User Agreement if the withdrawal request reaches the Service Provider after the performance of the Agreement. 5.3 The Service Provider will refund the paid amount to the Service User immediately, but not later than within 14 days of receipt of the notice of withdrawal from the Agreement. 5.4 The money will be transferred to the same current account from which it was paid to the Service Provider. 6. RETURNS 6.1 The goods purchased from the Online Shop can be returned within 14 days of receipt of the goods. 6.2 The returned product must be free of defects, complete, in the original packaging and unused, and the original invoice must be enclosed with the returned goods. 6.3 A message of relevant content must be e-mailed to info@ligustica.ee in order to return a product. 6.4 In the event of withdrawal from the Agreement, the Service User must return the purchased item immediately, but not later than within 14 days of giving notice of their withdrawal from the Agreement. 6.5 If goods are returned, the money will be refunded to the Service User immediately, but not later than within 14 days of the return of goods; postage is not subject to a refund except for the case specified in clause 6.8 of this section. 6.6 The money will be transferred to the same current account from which it was paid to the Service Provider. 6.7 The Service User must pay all the costs related to the return of goods, unless the returned product did not correspond to the order of the Service User (right of replacement). 6.8 The goods that do not correspond to the order can be exchanged within 14 days. 6.9 If it becomes evident that a returned product does not comply with the conditions provided in clauses 6.1-6.4 of the Online Shop User Agreement, the money will not be refunded to the Service User and the returned product remains with the Service Provider. The Service User covers the costs related to returning the deposited goods. 7. PERSONAL DATA AND USE OF PERSONAL DATA 7.1 The personal data of the Client that have become known during their visits to and while placing purchases in the Online Shop are regarded as confidential information. 7.2 A secure data connection and security systems are used when card data are requested. An encrypted data communication channel with banks ensures the security of the Service User’s personal data and bank details. 7.3 The Service Provider does not see the entered card data. The cardholder is directed to the secure environment of Maksekeskus AS for conclusion of the transaction. When a payment is made, the card data of the cardholder are entered by the cardholder in the database on the server of Maksekeskus AS and the data are also retained on the server of Maksekeskus AS. 7.4 The establishment of a client relationship upon registration of an order in the Online Shop is the source of personal data. 7.5 The personal data of the Service User necessary for the delivery of goods to the Service User are transferred to the company providing courier services. 7.6 The Service Provider agrees not to transfer personal data to unauthorised persons. 7.7 The Service Provider reserves the right to transfer personal data concerning the Service User to persons who are lawfully entitled to receive such data and process such data for performing their obligations arising from the law and persons who are lawfully entitled to receive such data and the transfer is effected to protect the life, health or freedom of the Service User or another person. 7.8 The Service User may check their personal data, modify them or request that their personal data be deleted. 7.9 The Service User grants their consent to the Service Provider for sending an order confirmation to the e-mail address entered upon placing the order. 7.10 The Service User grants their consent to the Service Provider for sending offers to the e-mail address entered upon placing the order if they have indicated the relevant consent on the order submission page by ticking the relevant box. 8. LIABILITY 8.1 The Service Provider’s liability is limited to the sales price of the product. The Service Provider cannot be held liable for the damage caused by defective products, such as damage to property or information, loss of turnover or profit. 8.2 The Service User agrees to use the Online Shop service only in accordance with law and good practice. 8.3 The Service User is fully liable for any damage caused to the Service Provider, other users of the Service or third parties by the use of the Online Shop contrary to the terms and conditions of the Online Shop User Agreement or to the law and good practice. 8.4 The Service Provider cannot be held liable for the damage caused to the Service User or delays in delivery if the damage or delay in delivery of the product is caused by a circumstance the Service Provider could not influence and the arrival of which the Service Provider did not and could not foresee (force majeure). 9. DISAGREEMENTS 9.1 The Parties will try to resolve any disagreements concerning the User Agreement by way of negotiations between the Parties. If no agreement is reached, the dispute will be resolved in court according to the legislation of the Republic of Estonia. 10. TERMS AND CONDITIONS OF USE 10.1 The Service User is obliged to read the terms and conditions of the User Agreement. 10.2 By clicking the ‘Submit order’ button when placing an order, the Service User agrees that they have read the terms and conditions of the User Agreement, understood them and consent to the terms and conditions of the User Agreement.
Kumalane OÜ Effective as of 1 January 2019