Agreement - a Standing Order Sales Agreement or a Single Order Sales Agreement entered into between the Seller and the Customer. These terms and conditions of sale are an integral part of the contract.
Payment date - the deadline for payment of the monthly fee in case of a Standing order, which is indicated in the Online Store user account “My account” -> “Standing orders”.
Seller - Öselstuff OÜ (registry code 14042350), located in Rannamõisa, Kallaste village, Saaremaa parish, Saare county, 93462.
Parties - the parties to the Agreement are jointly referred to as the Parties by the Seller and the Customer.
Standing Order - a multiple automatic Order submitted by the Customer. The Standing Order Agreement is for an indefinite period.
Contracting authority - a natural or legal person.
Order - an order submitted by the Customer to the Seller for the purchase of the Product. The order can be a One-Time Order or a Standing Order.
Product - a birch juice drink or other product offered by the Seller, which can be purchased with a single order or a standing order.
Online store - ÖselBirch's online store at www.oselbirch.ee and is owned by the Seller.
One-time order - a one-time Order submitted by the Customer.
1. Validity of the contract
The Order submitted by the Customer is considered a wish to enter into the Agreement.
1.1. One time order
If the Customer has submitted a One-Time Order, the Agreement shall be deemed to have entered into force upon receipt of the amount due to the Seller's current account and terminated after delivery of the Product to the Customer or receipt of the Product in another manner agreed by the Customer.
1.2. Standing order
To enter into a standing order, the Subscriber starts making an Order similar to a One-Time Order by selecting the Product from the Online Store. By concluding the Standing Order Agreement, the Subscriber agrees to submit his / her bank card details, as well as to pay the monthly fee automatically on the Monthly Payment Date. The Standing Order Agreement shall be deemed to have entered into force upon receipt of the first amount payable to the Seller's current account.
In order to finalize the standing order, the Subscriber fills in the required data fields and a user account of the Online Store is created for the Subscriber. Through the user account, the Subscriber can view and change the Standing Order (“Edit Standing Order”). On the basis of the Standing Order, the Seller sends the Customer the Product selected by him as a Standing Order every month. The product will be launched after the successful receipt of the monthly fee on the Payment Date to the Seller's account.
The Seller has the right to change the price list of the Standing Order by notifying the Customer thereof at least 1 (one) calendar month in advance. The changes take effect from the moment they are published in the Online Store.
1.2.1. Right of cancellation of the subscriber
The Subscriber has the right to regularly cancel the Agreement entered into as a Standing Order at any time by notifying the Seller no later than 1 calendar day before the next Payment Date via the Online Store user account: “My Account” -> “Standing Orders” -> “Cancel Order”. The order will be canceled on the next payment date.
1.2.2. Seller 's right of cancellation
If the Customer's monthly automatic payment for the Standing Order fails on the Payment Date, a notice will be sent to the Customer via PayPal and / or the Seller that the payment failed. After a failed payment on the Payment Date, the system will attempt to make recurring payments (1) once a day for 7 calendar days following the Payment Date. If the recurring payment (s) also fails and 7 calendar days have passed since the regular Payment Date, the Order will be canceled automatically. By canceling the order in the Online Store, the Standing Order Agreement is considered canceled by the Seller.
2. Product and price information
The prices of the Products sold in the online store are indicated next to the Products in euros and include VAT (20%). A glass container deposit and a fee for the delivery of the Product will be added to the price, unless otherwise stated for a specific Product.
The delivery fee for the product depends on the location of the Customer and the method of delivery. If the delivery fee is added, it will be displayed to the Customer when placing the Order.
Other necessary nutritional information about the Product is provided in the Online Store directly next to the Product. The product images shown are for illustrative purposes only and may differ from the actual Product.
3. Placing an order
To place an order, you must add the desired Product to the shopping cart ("add to shopping cart"). You can then continue browsing the Products or place an Order. The Products in the shopping cart can be changed before the Order is finalized: added, exchanged or deleted.
To place an order, you must fill in the required data fields and select the appropriate delivery method. Then the amount of the fee is displayed on the screen (a fee for the tare is added), which can be paid via a bank link (eg LHV Pank, Swedbank, SEB Pank, Luminor Bank, Coop Pank) or by credit card (Visa, MasterCard, Maestro). In the case of a standing order, in addition to the first payment to be paid, the amount of the next month's payment and the Payment Date are also displayed. If you have made a payment in the Internet bank, be sure to press the "Back to merchant" button. Otherwise, we may not receive information about the success of the payment and the execution of your order will be unnecessarily delayed.
If the Product cannot be delivered due to the expiration of the Product or for any other reason, the Customer shall be notified as soon as possible and the money paid (incl. Delivery costs) shall be refunded immediately, but not later than within 14 days of sending the notice.
The Seller shall send the Product ordered via the Online Store to the Delivery destination indicated by him after the entry into force of the One-Time Order Agreement or on the basis of the Standing Order after receipt of the monthly payment on the Payment Date.
The Products will be delivered to Estonia, if the Customer wishes to receive the Product from an address outside the Republic of Estonia, the Customer must contact the Seller in advance by e-mail email@example.com or by phone (+372) 4626011.
The shipping costs of the product are borne by the Customer and the corresponding price information is displayed next to the shipping method.
Shipments within Estonia will generally reach the destination specified by the Customer within 3-7 working days from the entry into force of the Agreement.
In exceptional cases, you have the right to deliver the Product within 45 calendar days.
5. Right of withdrawal
After the entry into force of the Agreement, the individual Subscriber has the right to withdraw from the Agreement entered into in the Online Store within 14 calendar days .
According to the Law of Obligations Act, the right of withdrawal does not apply to products that by their nature cannot be returned, including:
- the transfer of a thing which deteriorates or becomes rapidly obsolete;
- the transfer of a sealed item which is not suitable for return for health or hygiene reasons and which has been opened after delivery.
The right of withdrawal does not apply if the Subscriber is a legal entity. In order to exercise the 14-day right of withdrawal, the ordered Product may not be used in any other way than is necessary to verify the nature, properties and operation of the Product and in the manner permitted for testing the Product in a physical store.
If the Product has been used for a purpose other than that necessary to ascertain the nature, characteristics and functioning of the Product or has 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 Product.
In order to return the Product, a withdrawal application must be submitted, the form of which can be found here: withdrawal application , and it must be sent to the e-mail address firstname.lastname@example.org no later than within 14 days of receiving the Product.
The costs of returning the Product shall be borne by the Customer, unless the reason for the return is due to the fact that the Product to be returned does not correspond to the ordered one (eg a wrong or defective Product).
The Customer must return the Product within 14 days after the submission of the application or Prove that he has handed over the Product to the carrier during the aforementioned period.
Upon receipt of the returned Product, the Online Store shall return to the Customer immediately, but not later than 14 days after receipt of the withdrawal application, all fees received from the Customer on the basis of the Agreement.
The Online Store may refuse to make refunds until it has received the Product Return or until the Customer has provided proof that it has returned the Product, whichever is earlier.
If the Subscriber has explicitly chosen a delivery method different from the cheapest usual delivery method offered by the Online Store, the Online Store does not have to reimburse the consumer for a cost that exceeds the cost related to the usual delivery method.
The Online Store has the right to withdraw from the Agreement and demand the Product back from the Customer if the price of the Product in the Online Store is markedly below the market price due to an error.
6. Right to file a claim
The Online Store is responsible for non-compliance or defect of the Product sold to the Customer with the terms of the contract, which already existed at the time of delivery and occurs within two years from delivery to the Customer or in the case of beverages until the end.
The Online Store is not responsible for defects that have occurred after the delivery of the Product to the Customer.
If the Product ordered from the Online Store has defects for which the Online Store is responsible, the Online Store will repair or replace the defective Product. If the Product cannot be repaired or replaced, the Online Store will return all fees associated with the Agreement to the Subscriber.
The online store shall respond to the complaint submitted by the consumer in writing or in a form that can be reproduced in writing within 15 days at the latest.
7. Direct marketing and processing of personal data
The Online Store uses the personal data entered by the Customer (incl. Name, telephone number, address, e-mail address, bank details) only to process the order and send the Product to the Customer. The online store transmits personal data to the companies providing the transport service in order to deliver the Product.
The Online Store will send newsletters and offers to the Subscriber to the Subscriber's e-mail address only if the Subscriber has expressed a wish by entering the e-mail address on the Website and announced his / her wish to receive direct mail notifications.
The Subscriber may at any time cancel the offers and newsletters sent to the e-mail by notifying the Seller thereof by e-mail or by following the instructions provided in the e-mail containing the offers.
8. Settlement of Disputes
Disputes shall be settled by the parties primarily through negotiations.
If the individual Subscriber (hereinafter the Consumer) and the Seller are unable to resolve the dispute through negotiations or the Seller has refused to resolve the Consumer's complaint and the Consumer considers that his rights or interests have been violated, the Consumer may file a complaint with the Consumer Disputes Committee.
The terms of the procedure can be inspected and the application submitted here or here (the application will not be processed if the value of the disputed Product or the amount of the consumer's claim is less than 30 euros). The Consumer Disputes Committee is competent to resolve disputes arising from a contract concluded between a natural person and the Seller. Examination of the complaint by the committee is free of charge.
If the Parties do not reach an agreement, the disputes will be settled in Harju County Court.