TERMS AND CONDITIONS OF USE
1. GENERAL PROVISIONS
1.1 The given conditions (hereinafter referred to as CONDITIONS) of the e-store of the ISH DESIGN OÜ (hereinafter referred to as SELLER) apply on every person (hereinafter referred to as BUYER or CONSUMER) who use the e-store at www.ingasavits.com hereinafter referred to as E-STORE), order goods and conclude the sales agreement when buying goods at the e-store (hereinafter referred to as SALES AGREEMENT).
1.2 If the given conditions are at variance with the provisions in sales agreement, the provisions of the sales agreement are deemed to be superior. When accepting the conditions of the given sales agreement the BUYER confirms that he is familiar with the conditions, agrees with them and is obliged to observe them.
1.3 The rights and obligations emanating from the given agreement and the normative acts of the Republic of Estonia apply on every buyer who wish to buy goods provided by the SELLER.
1.4 The SELLER and the BUYER express their wish to carry out sale transaction of goods at www.ingasavits.com according to the conditions established in the given document.
1.5 In case of issues unregulated with the given agreement the parties emanate from the valid legal acts of the Republic of Estonia.
2.1 SELLER sells handicrafts of natural leather at www.ingasavits.com
2.2 It has to be taken into account that the handicrafts may deviate from the standards and the obtained goods may differ in one way or another from the samples brought out at www.ingasavits.com
2.3 Buyer is informed and agrees with the provisions of the item 2.2. and accepts the risk which emanate from these circumstances.
2.4 The pictures of the goods at www.ingasavits.com are simply illustrative.
2.5 Special texture, uneven surface or obscuration are the particulars that refer to the uniqueness and peculiarity of the goods.
3. BUYING THE GOODS AND FORMING OF THE ORDER
3.1 All the prices at the e-store are brought out in euros and include VAT.
3.2 All the goods at the e-store which have the tab „Add to the chart” can be purchased.
3.3 Adding the goods to the chart does not oblige the Client to purchase them.
3.4 Before confirming the order it is possible to purchase the goods in the chart by another buyer.
3.5 In order to confirm the order, the Buyer obliges to pay the entire (100%) purchase price.
3.6 Sales agreement is deemed to be concluded and the Seller starts to execute the order right after paying the entire (100%) purchase price by the buyer.
3.7 The Seller reserves the right to change the prices of the goods unilaterally. Changes in prices and conditions become valid at www.ingasavits.com since the moment of making the changes.
3.8 If the Buyer confirmed the order before the changes in price and conditions estalished in the item 3.7. of the given contract became valid, the prices and conditions that were on the order at the moment of forming the order apply to the Buyer.
3.9 If the Buyer submitted the order before the changes became valid, the price that was on the order at the moment of forming, it applies to the Buyer.
4. DELIVERING AND HANDING OVER THE GOODS
4.1 After the sales agreement between the Buyer and the Seller becomes valid the goods are sent to the address brought out on the order.
4.2 The Seller has the right to use the assistance of third parties to deliver the goods, including companies providing delivery service (mail and express service).
4.3 Seller transfers the right to choose the company providing delivery service among the list in e-store to the Buyer. The Seller reserves the right to make changes in the way of delivery that was chosen by the Buyer.
4.4 The Seller is not responsible for the delay or faults of the delivery that emanated from submitting incorrect data on forming and confirming the order by the Buyer.
4.5 The Seller is not responsible for the delay or faults of the delivery in case the delay and misunderstandings occur due to the activity or inactivity of the company providing delivery service (including the company providing delivery service chosen by the Buyer).
4.6 The Seller asks to inform about changing of the delivery address of the Buyer. In case the goods have been sent changing the delivery address is not possible.
4.7 Delivery of the goods takes place at the address on the order and at the agreed time.
4.8 The goods are handed over to the Buyer only based on the ID (passport, ID-card, driving license).
4.9 The goods are handed over to third parties only based on the POA issued by the Buyer.
4.10 If the Buyer does not come to take the goods within 14 (fourteen) days since the agreed date, the Seller is deemed to have breached the contract and doesn't wish to receive the goods. In such case the Seller has the right to unilaterally recede from the contract and require for compensation for the caused damage and concomitant costs and make adjustment of accounts by covering the occurred damage from the purchase price that was paid by the Buyer.
5. RETURNING THE GOODS
5.1 Goods that have been purchased at the e-store at www.ingasavits.com are bound to the right for returning it within 14 days.
5.2 The returnable goods must not be used, damaged, without original labelling nor package.
5.3 In order to return the goods the Buyer has to file for an application to the Seller's e-mail email@example.com within 14 days since the moment of receiving the goods.
5.4 Costs related to the returning of goods will be covered by the Buyer.
5.5 The Buyer is obliged to return the goods wihtin 30 (thirty) days since the moment of receiving the goods.
5.6 The Seller returns the purchase price to the Buyer's bank account within 30 (thirty) days since the moment of receiving the returned goods.
5.7 Seller pays for the return shipping if there are defects in goods, which didn’t appear due to unpacking and which were impossible to detect by external examination, and if the goods do not correspond to the ordered, except in the cases described in paragraphs 2.2 and 2.4 of these conditions.
6. SELLER’S RECESSION FROM A CONTRACT
6.1 Seller has the right without any penalties derogate from concluded brokered by e-store sales agreement and do not handle the goods to the Buyer in the following cases:
6.1.1 Product is out of stock
6.1.2 The product price or its specifications in e-store are not correct due to a system or Seller employee’s errors
6.1.3 The Buyer does not meet Seller’s set terms
6.2 If the Seller is unable to fulfill its contractual obligations for reasons stated in paragraph 6.1, the Seller undertakes to personally contact the Buyer within three (3) days and return to the Buyer the completely paid sum for the goods within ten (10) days from the occurrence of the above circumstances.
7. LIABILITY AND RESOLUTION OF DISPUTES
7.1 If the goods do not conform to the contract, the Buyer can use the statutory protections of the rights, including requiring performance of the contract, price reduction, damages and withdrawal.
7.2 If the warranty of the goods is provided by the Seller or manufacturer, Buyer receives the relevant terms of the warranty in writing along with purchasing the goods and / or he is given access to them electronically in the e-store.
7.3 If the goods fail to meet the contractual requirements (have defect), the consumer has the right to make a claim to Seller within two (2) years from the date of receipt of the goods. The claim should be submitted immediately, but not later than within thirty (30) days after defect was discovered.
7.4 In case if defect is found the consumer must use reasonable means to ensure the safety and protection of goods, including not using defective goods if the use of the product could worsen his condition.
7.5 In order to simplify the solution of the problems that can show up later, the consumer should keep documents (invoice, contract and so on), which confirms that the goods have been purchased from the e-store. In the absence of proof of purchase, the Seller may leave the problem unsolved.
7.6 Claims related to the purchased in the e-store of goods, must be pursued in the following way: by phone +372 5 222 229, or by e-mail: firstname.lastname@example.org
7.7 Seller and Buyer conclude an agreement on the performance of works on maintenance and repair of the goods, the problem to determine the nature and cause of the defect is necessary to send the goods for examination.
7.8 In the case of defective goods consumers has a right to demand at first free of charge repair, or replacement with new product, or reduce the purchase price. The consumer has the right to withdraw from the contract if the Seller violates a contract of sale, including if:
7.8.1 the Seller is unable to repair or replace the product
7.8.2 Repair has not led to the desired result
7.8.3 the Seller has not repaired the defect of the goods within a reasonable time,
7.8.4 repair or replacement of the goods has caused undue inconvenience to the consumer (buyer)
7.9 Seller is not responsible for defects of the goods, which appeared because of nonconforming usage or service of the goods and in case of damage.
7.10 The seller does not eliminate the defects free of charge, if they are caused by:
7.10.1 Buyer defy provided by the seller directions for use and clearing through directions of the items
7.10.2 the natural amortization of the goods
7.10.3 wrong (inappropriate) usage or service (which includes goods repairing and service by a person without authorization of the manufacturer) or deterioration of goods
7.10.4 defects, whereof buyer was informed with the purchase of goods
7.10.5 physical or chemical damage
8. FORCE MAJEURE
8.1 None of the parties does not respond to the other, and breach of conditions in the form of delay or default on obligations does not lead to liability if the reason for that was not dependent on the parties due to force majeure circumstances.
8.2 The Seller does not compensate for moral damage, which is caused by changes in the prices, terms of delivery of goods, etc. under these conditions.
8.3 The Seller does not compensate for buyer’s expenses, which are caused by circumstances when buyer incurs liability to third parties (independent from the seller) on terms which are in conflict with given (these) conditions
8.4 The Seller will not compensate the buyer any possibilities remain unused due to changes in delivery times, prices and other conditions.
9. OTHER TERMS AND CONDITIONS
9.1 The Seller uses the personal data provided by the Buyer only to fill orders for the buyer. Personal data will be treated confidentially - they cannot be forwarded to third parties, except when it involves the delivery method chosen by the Buyer, and in the cases provided by law.
9.2 The Seller retains the right to send customer information about new products and the best deals.
9.3 Any questions relating to this Agreement which are not expressly or implicitly settled by the provisions contained in the Agreement itself shall be governed by the laws of Estonia and by other inter parties regulations.
9.4 Any dispute, controversy or claim arising out of or relating to the Agreement shall be resolved through negotiations. If the Parties fail to resolve the disputes relating to this Agreement through negotiations, the dispute shall be conclusively resolved in the Estonian Consumer Protection Board.