Terms of purchase
1. GENERAL
1.1. The owner of the Online Store 360 (hereinafter the Online Store) is Frank Events OÜ (registry code 11431192), located at Liivalao 22, Tallinn.
1.2. These Terms of Use regulate the legal relations between Frank Events OÜ (Seller) and the person who made the purchase (Purchaser) when buying and selling in the Online Store.
1.3. In addition to these terms and conditions, the legal relations arising from the marketing of products through the e-store are regulated by the laws of the Republic of Estonia.
1.4. The seller may change the terms of use of the e-store and the prices of products and services. Changes will be notified in the e-shop environment. The terms and prices valid at the time of the transaction are 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 presented in the Online Store directly next to the goods and includes the 20% VAT applied in the Republic of Estonia.
2.2. The prices of the products are marked next to the products in the Online Store. A fee for the delivery of the goods shall be added to the price, unless otherwise stated when paying for the goods. The fee for delivery of the goods depends on the location of the Purchaser and the method of delivery. The delivery fee is displayed to the Purchaser when placing an order.
2.3. The Online Store has the right to withdraw from the sale transaction and reclaim the goods from the Purchaser if the price of the goods in the Online Store is marked significantly below the market price of the goods due to an error.
3. PLACING AN ORDER
3.1. To order the goods, one must add the desired products to the shopping cart. To place an order, fill in the required data fields and select the appropriate method of product delivery.
3.2. It is possible to change products and quantities in the shopping cart and remove products from the shopping cart until you pay for the product.
3.3. When placing an order, the final price is displayed on the screen, which can be paid via a bank link or other payment solution.
3.4. The contract enters into force upon receipt of the amount due to the current account of the Online Store.
3.5. The Seller will send a notice of the order confirmation to the Purchaser by e-mail. If there is no message in the mailbox, please check that the message did not accidentally end up 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 running out of the goods or for any other reason. The Seller shall notify the Purchaser thereof as soon as possible and shall return the entire payment received for the ordered goods (including the costs of delivery of the goods) immediately, but not later than within 14 days of sending the notice.
4. PAYMENT
4.1. The Purchaser pays 100% in advance for purchases made in the Online Store.
4.2. Orders can be paid for via Estonian bank links PaySera or on the basis of an invoice.
4.3. Payment takes place outside the e-shop in a secure environment. The Seller does not have access to the Purchaser’s bank and credit card details.
5. DELIVERY
5.1. The Online Store delivers products within Estonia.
5.2. The products are delivered in the Online Store in the way chosen by the Purchaser.
5.3. Delivery costs of the goods are borne by the Purchaser and the corresponding price information is displayed next to the delivery method.
5.4. The seller sends orders on all working days, but not later than within five working days after the order is confirmed. In exceptional cases, there is the right to deliver the goods within up to 45 calendar days. The latter includes special orders.
6. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE OF PRODUCTS
6.1. The Purchaser has the right to withdraw from the transaction within 14 calendar days by submitting to the Seller, for withdrawal from the purchase of the goods, an application in written format, which is located on the website of the e-commerce alliance and contains the following information:
– First and last name
– Contact phone
– E-mail address
– Address
– Bank account details
– Date of placing the order
– Date of receipt of the thing
– Name of the returned goods
– Serial number of the goods
– Purchase invoice number
– Reason for return
6.2. The application for withdrawal from the purchase of the goods must be sent to the e-mail address info@360.ee or to the address Liivalao 22, Tallinn no later than within 14 calendar days of receipt of the goods. The Seller shall confirm the receipt of the withdrawal application by sending a notice to the Purchaser.
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, dehumidifiers, film covers, etc.) that do not prevent the goods from being tried and inspected must not be removed when the goods are returned.
6.4. In order to exercise the 14-day right of return, the ordered goods may not be used in any other way than is necessary to verify the nature, characteristics and functioning of the goods in the manner permitted for testing the goods in a physical store. If the goods have been used for purposes other than those necessary to ascertain the nature, characteristics and functioning of the goods or the goods have signs of use or wear, the Seller has the right to reduce the refundable amount according to the decrease in value or to refuse to reimburse the cost.
6.5. Return conditions apply to standard size products. Special orders and customized products are not subject to return.
6.6. The purchaser can replace 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 for returning a product with unsuitable size.
6.7. If the product returned to the Seller cannot be replaced due to the lack of the size requested by the Purchaser, the Seller shall contact the Purchaser in order to offer a solution.
6.8. From the day of submitting the application for withdrawal from the purchase of goods, the Purchaser is obliged to return the product to be returned within 14 calendar days.
6.9. Until the returned product is received, the Seller does not take responsibility for the product. Return and / or exchange of the product is free of charge, except transportation costs of return, which are borne by the Purchaser. If a defective product has been delivered to the Purchaser, the costs related to the return shall be borne by the Seller.
6.10. Upon receipt of the returned goods, the Seller shall return to the Purchaser immediately, but not later than 14 days after receipt of the withdrawal application, all fees received from the Purchaser on the basis of the contract, including transportation costs. If the Purchaser has explicitly chosen a delivery method different from the cheapest usual delivery method offered by the Online Store, the Seller does not have to return to the Purchaser the cost that exceeds the cost related to the usual delivery method.
6.11. The seller reserves the right to delay the repayment until the item that is the subject of the contract has been returned.
6.12. The Seller has the right to withdraw from the sale transaction and demand the return of the goods from the Purchaser if the price of the goods in the Online Store is significantly lower than the market price of the goods due to a mistake.
7. 7. RIGHT TO SUBMIT A CLAIM
7.1. The Seller shall be liable for non-compliance or defect of the goods sold to the Purchaser, which already existed at the time of delivery and which occur within two years from delivery to the Purchaser; during the first six months from the delivery of the thing to the Purchaser, it is assumed that the defect already existed at the time of delivery of the thing. It is the Seller’s responsibility to rebut the respective presumption. The Seller is not responsible for defects that have occurred after the delivery of the goods to the Purchaser.
7.2. Upon discovery of non-conformity or defects of the product, the Purchaser undertakes to notify the Seller immediately, but not later than within 2 months of becoming aware of the non-conformity, by sending the relevant information to the e-mail address info@360.ee or in writing to Liivalao 22, Tallinn.
7.3. In case of non-conformity or defect of the product, the Purchaser has the right to demand repair or replacement of the product with a compliant and non-defective product or to return the product at the expense of the Seller.
7.4. The purchaser has the right to demand a reduction of the purchase price of the product or termination of the contract and recovery of the amounts paid for the product if:
– the seller cannot repair or replace the product or
– reparing or replacing the product fails, or
– the seller has not remedied the defect within a reasonable time.
7.5. In case of returning the non-compliant product, the Purchaser will be reimbursed the amount paid for the product together with the transport cost to the bank account indicated by the Purchaser within 14 days at the latest. The Seller has the right to delay the return of the paid amounts until the Purchaser has returned the product in his/her possession.
7.6. The Seller shall bear the costs related to the repair or replacement of the thing during the first six months from the delivery of the thing to the Purchaser. During the next 1.5 years, the Seller will bear the respective costs only if the claim is justified. The Seller shall not reimburse the costs incurred by the Purchaser in case of non-compliance or defects of the product and shall not be liable for them if:
– The value of the product has decreased / the product has been damaged due to the fault of the Purchaser;
– Defects have arisen from the misuse of the product, including as a result of non-compliance with the maintenance instructions;
– The value of the product has decreased due to natural wear and tear during normal use;
– There is no copy of the document proving the purchase.
7.7. In case of disagreement between the Purchaser and the Seller regarding the defects of the product, the Purchaser has the right to file a claim with the Seller, stating his/her name and contact details, the date of the complaint, the defect in the product and his/her preferred solution in the claim that is submitted in written format or in a format that can be reproduced in writing. The Seller shall respond to the Purchaser’s complaint in writing or in a format that can be reproduced in writing within 14 calendar days. If the Purchaser has any claims regarding the Online Store, these must be sent to the e-mail address info@360.ee.
7.8. If the Purchaser and the Seller do not reach an agreement on the dispute, the Purchaser has the right to apply to the Consumer Disputes Committee of the Consumer Protection Board of Estonia for out-of-court settlement of the dispute. The terms of the procedure can be viewed and the application submitted here (https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon). The Consumer Disputes Committee is competent to resolve disputes arising from the contract concluded between the Purchaser and the Seller. The review of the purchaser’s complaint in the commission is free of charge. Disputes in Estonia are resolved at the Consumer Protection Board in accordance with the laws of the Republic of Estonia. The purchaser can turn to the European Union Consumer Dispute Resolution Platform. (https://ec.europa.eu/consumers/odr/main/index.cfm)
7.9. In case of disagreement with the decision of the Commission, the parties have the right to apply to the county court of the location of the Purchaser.
8. PROCESSING OF PERSONAL DATA
8.1. The data controller of personal data is Frank Events OÜ (registry code 11431192), located at Liivalao 22, Tallinn.
8.2. The processing of personal data follows the legislation of Estonia and the European Union.
8.3. The data controller collects the following personal data: name, telephone number, address, e-mail address, bank details. The data is used only for processing the order and sending the goods to the Purchaser. The seller transmits personal data to the companies providing the transport service for the purpose of delivery of the goods.
8.4. Personal data transmitted to the data controller are protected and treated as confidential information. Data communication between the customer and the banks is encrypted. The data processor does not have access to the customer’s confidential bank and payment card details. The data controller shall not disclose the data, which has come to its knowledge, to third parties.
8.5. The data controller of personal data may send newsletters to the Purchaser, including satisfaction surveys and offers to the Purchaser’s e-mail address only if the Purchaser has given prior consent for this.
8.6. The purchaser has the right to file a complaint with the Data Protection Inspectorate or a court if he or she finds that his or her rights have been violated during the processing of personal data. The contact details of the Data Protection Board (AKI) can be found on the AKI website at www.aki.ee.