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Terms and Conditions of Sale

Eksfisk OÜ Online Store Terms and Conditions of Sale

Effective as of 15 May 2020

1. GENERAL PROVISIONS

1.1. These Eksfisk OÜ online store (hereinafter: e-Lõheäri) terms and conditions of sale (hereinafter: the terms and conditions) are in effect upon making purchases from e-Lõheäri at the Internet address of www.loheari.ee. The seller of the products is Eksfisk OÜ (hereinafter: the seller), legal address Neeme tee 68, Käsmu, Lääne-Viru County, Estonia, 45601, registry code 10198606, ph. 55538581, e-mail address eksfisk@eksfisk.ee. The terms and conditions govern legal relationships arising between the seller and the purchaser (hereinafter: the customer) of products from e-Lõheäri.

1.2. The seller has the right to unilaterally amend and modify the terms and conditions, publishing the new terms and conditions at the Internet address of www.loheari.ee.

1.3. Prior to placing an order, the customer has an opportunity to save and print the terms and conditions.

1.4. If the e-Lõheäri web environment is used in a language other than Estonian, the terms and conditions are also displayed in the respective language. If the translations give way to multiple interpretations, the Estonian version will prevail.

1.5. By confirming an order in e-Lõheäri, the customer agrees to the provisions of the terms and conditions.

1.6. The product pictures in the e-Lõheäri web environment have an illustrative meaning.

1.7. The contact details of the e-Lõheäri customer service are: e-mail epood@loheari.ee, ph. +372 5571119. The customer service of e-Lõheäri works Mo-Fri 8:00-17:00 (except on public holidays).

2. PLACING ORDERS

2.1. Orders can be placed in e-Lõheäri either as a customer by logging in, as an anonymous customer or business customer. Order history can only be used by the customer who has logged in to the environment.

2.2. The customer selects the desired product(s) in e-Lõheäri and adds it/them to their order.

2.2.1. Alcoholic products are only sold to adult customers who have confirmed, when placing an order, that they are at least 18 years of age.

2.3. The customer chooses the method and place of delivery of the order (clause 4 of the terms and conditions).

2.4. The customer confirms the order and pays for the order in full in the payment environments provided by the seller. Prior to making the payment, the customer verifies that the products, quantities and prices set out in the order correspond to the customer’s actual request.

2.5. After payment via a bank link, the customer must click on the ‘Return to merchant’ button.

2.6. The seller sends the customer an automatic e-mail confirming the receipt of the order and payment.

2.7. The seller starts to fulfil the order after the customer has confirmed the order and paid for the order in full. After the order has been assembled, the customer will be sent an invoice-waybill by e-mail. If the invoice-waybill contains errors (undesired goods, quantities, etc.), the customer must immediately contact the customer service by e-mail or phone.

2.8. If it appears upon assembly of the order that the seller is unable to provide an ordered product in the requested quantity, the seller will contact the customer and offer a similar replacement product (hereinafter: the replacement product). A product is replaced only with the customer’s consent.

2.9. If the seller is unable to replace a product or the customer has not granted the seller their consent for replacing a product, the value of the missing product will be refunded in accordance with clause 7.6.

2.10. If the sales price and/or quantity of the replacement product is/are smaller than the sales price and/or quantity of the product ordered by the customer, the seller will refund the difference between the sales price of the product and the replacement product to the customer in accordance with clause 7.6. If the replacement product is more expensive than the product ordered, the customer will not have to pay the difference.

2.11. Products are stored and transported using cold rooms and cold trucks.

2.12. The seller has the right to determine the minimum and maximum weight/quantity of products that the customer can order.

2.13. The seller has the right to waive the fulfilment of an order, notifying the customer thereof by e-mail and providing a reason for the waiver. If the seller waives the fulfilment of an order, the value of the order will be refunded in accordance with clause 7.6.

3. PRODUCT PRICE AND PAYMENT METHODS

3.1. The prices of products in e-Lõheäri are set out in euros inclusive of VAT.

3.2 The prices applicable to the products are the ones displayed in e-Lõheäri at the moment of making the purchase. If the sales price has changed by the moment of taking delivery of the product, the price valid at the moment the order was placed will remain in force.

3.3. The customer pays for the order by advance payment in full, using the payment methods specified in e-Lõheäri. A service fee may be added to the value of the order as per the contract entered into between the customer and the issuer of the bank or credit card. Payment is made outside e-Lõheäri in a secure environment – upon payment via a bank link, in the environment of a corresponding bank and, upon payment by credit card, in the environment of Maksekeskus AS. The seller has no access to the customer’s bank or credit card details.

3.4. If the customer opts for the delivery of the order by the seller (i.e. does not come to collect the order themselves), a service fee will be added to the sales price in accordance with clause 4 of the terms and conditions.

3.5. In the case of weighed products, the final price of the products may change in the order. If, upon assembly of a weighed product, the final price of the product proves to be lower according to the actual weight, the seller will refund the difference in the price in accordance with clause 7.6. If the price of a weighed product proves to be higher according to the actual weight than that paid by the customer, the customer is not required to pay the difference in the corresponding amount.

4. TAKING DELIVERY OF ORDERS

4.1. Orders can be picked up in predefined stores of Peetri Lõheäri or delivered by a courier to the address specified by the customer.

4.2. Pick-up of orders in store

4.2.1. In stores of Peetri Lõheäri, orders are issued on all days of the week and no additional fee is added to an order upon issue thereof in Peetri Lõheäri.

4.2.2. Orders are available for pick-up in stores of Peetri Lõheäri during the opening hours of the store.

4.2.3. The customer can take delivery of an order upon presenting an identity document (ID card, passport, driving licence) and the order number. If no identity document is presented, the seller may refuse to issue the order.

4.2.4. The seller assumes no liability for damage caused to the customer if third parties have gained possession of the unique order number for reasons beyond the control of the seller and have picked up the order on the basis thereof.

4.2.5. If an order contains alcoholic beverages, the order is issued within the time frame from 10:00 to 22:00 and the order is only delivered to an adult person (the receiver’s document is requested). If the customer fails to present the document or if the customer is a minor, the seller has the right to refuse to deliver the foregoing products.

4.2.6. The seller keeps orders from the selected day of issue to the end of the next day. If the customer does not come to collect the order within the next day after the selected day of issue, the customer is deemed to have waived the order and the purchase amount is not refunded.

4.3. Courier delivery of orders

4.3.1. To have orders delivered by a courier at the requested address, the order must be placed by selecting the date and time frame and specifying the address.

Orders are delivered by a courier in Tallinn and Harju County on Wednesdays and Fridays (except for 24 June, 25 December and 1 January) from 11:00 to 13:00 and from 17:00 to 19:00.

4.3.2. Upon courier delivery of orders, a service fee in the following amount will be added to the invoice

In Tallinn and immediate surroundings thereof (Haabneeme, Harku, Harkujärve, Hüüru, Iru, Jüri, Kangru, Kiili, Kaberneeme, Kelvingi, Laagri, Leppneeme, Miiduranna, Muuga, Männiku, Peetri, Pringi, Pärnamäe, Püünsi, Randvere, Rohuneeme, Saku, Saue, Tabasalu, Tammneeme, Tänassilma, Vatsla, Viimsi.) * 4.90 euros (inclusive of VAT).

In Harju County * 9.90 euros (inclusive of VAT).

*Includes the assembly, packages and transport of the order to the selected address.

4.3.3. If the total value of an order, exclusive of the delivery fee, is at least 49.99 euros (inclusive of VAT), no delivery fee will be added to the value.

4.3.4 Upon express courier delivery of orders, a service fee in the amount of

*15 euros (inclusive of VAT) will be added to the invoice. Express courier delivery of orders is only possible in Tallinn and immediate surroundings thereof.

*Includes the assembly, packages and transport of the order to the selected address.

4.3.5. An order is delivered to the specified address within the time frame specified in the order. More detailed time of delivery of the order within the time frame is agreed between the courier and the customer by phone beforehand.

4.3.5. The customer must ensure that they take delivery of the order at the time and at the address specified in the order. If the customer does not answer the phone and/or does not ensure taking delivery of the order when the courier first arrives at the specified place and the delivery also proves to be impossible the next day at the agreed time, the seller deems that the customer has waived the order and the purchase amount is not refunded.

4.3.6. If an order contains alcoholic beverages, the delivery of the order takes place within the time frame from 10:00 to 22:00. The courier is required to refuse to deliver alcoholic beverages outside of the foregoing time frame. Upon delivery of alcohol, non-alcoholic beer, cider and wine, the courier has the right to verify the identity document of the person taking delivery of the order. Upon failure to present the document, the courier has the right to refuse to deliver the foregoing products.

4.3.6. If an order is not delivered in a timely manner due to circumstances arising from the seller, the customer will be notified thereof using the contact details set out in the order and also agreeing on the new time of delivery. Upon failure to reach agreement on the new time of delivery, the customer has the right to waive the order and the seller refunds the value of the order to the customer in accordance with clause 7.6.

4.4. Verification of products and transfer of risk of damage to or loss of products

4.4.1. Upon taking delivery of an order, the customer is required to verify the conformity of the products with the invoice-waybill. Non-conforming products (e.g. damaged/defective products, products not ordered, unsuitable replacement products, etc.) are specified in the invoice-waybill that remains with the courier.

4.4.2. If the verification of the products reveals that the products include products not ordered, defective products or products in a broken package, the seller’s customer service must be notified thereof immediately. If defective products and products not ordered are detected upon courier delivery of an order, the customer must immediately return them to the courier.

4.4.3. The risk of damage to or loss of the products transfers to the customer as of the receipt of the products.

5. CUSTOMER DATA PROCESSING

5.1. The seller ensures the use of the personal data provided by the customer only in compliance with the Personal Data Protection Act, particularly within the scope necessary for fulfilling an order.

5.2. The seller processes the customer’s personal data for the following purposes:

5.2.1. fulfilment of an order placed in e-Lõheäri;

5.2.2. e-Lõheäri customer relationship management and communication with the customer;

5.2.3. responding to customer queries;

5.2.4. legitimate interest;

5.2.5. studying consumer habits;

5.2.6. preparation of sales statistics;

5.2.7. management and development of e-Lõheäri services.

5.3. The seller applies all measures (incl. administrative, technical and physical measures) to protect the customer’s personal data. Only authorised persons have access to altering and processing the data.

5.4. When making a purchase in e-Lõheäri as a guest, the customer’s given name and surname, e-mail address, phone, bank account number and postal address, if this is necessary to deliver the goods to the customer, are registered.

5.5. The personal and purchase data of the customers who made a purchase in e-Lõheäri as a guest are stored for three years of making the purchase. After that date, the personal data are deleted automatically.

5.6. The customer has the right to obtain from the seller, at any time, the data concerning the customer, request that their personal data be rectified and transmitted and that the personal data be no longer processed.

5.7. The seller has the right to carry out profiling in respect of the personal data registered in e-Lõheäri in order to better understand customer expectations and, based on this, provide better goods and services, enabling more accurate direct marketing. The seller does not make any decisions of legal effect in respect of the customer as a result of profiling.

5.8. If the customer finds that personal data processing within the scope of the e-Lõheäri service breaches the rights of the customer, the customer has the right to contact Eksfisk OÜ by e-mail epood@loheari.ee

6. USE OF COOKIES

6.1. E-Lõheäri uses cookies. Cookie is a small text file that is automatically stored on the customer’s device by the web browser. Cookies are used for collecting information about how the customer uses e-Lõheäri, with the purpose of providing the customer with better user experience.

6.2. E-Lõheäri uses the following cookies:

6.2.1. session cookies the purpose of which is to enable the use of e-Lõheäri;

6.2.2. persistent cookies the purpose of which is to remember the choices made by the customer in e-Lõheäri;

6.2.3. first- and/or third-party cookies the purpose of which is to show advertising and offers suitable for the customer;

6.2.4. third-party analysis cookies the purpose of which is to optimise marketing communication.

6.3. The customer may delete and/or block the cookies saved on their devices, changing the corresponding settings of their web browser. E-Lõheäri might not work as planned and/or some of the functionalities might be unavailable for the customer if cookies are not allowed.

6.4. In addition to analysis cookies, e-Lõheäri uses pixels (pixel tags, web beacons) which monitor the use of the seller’s website www.loheari.ee. During this, data enabling the identification of the person are not processed.

7. WITHDRAWAL FROM CONTRACT, RETURN OF PRODUCTS AND REFUNDS

7.1. The customer has the right to withdraw from the contract (waive the order) within 14 calendar days of taking delivery of the order by completing a declaration of withdrawal to this end.

7.2. The declaration of withdrawal and the products to be returned must be delivered in a store of Peetri Lõheäri. The expenses related to the return of the products are borne by the customer.

7.3. The customer has the right to withdraw from the contract if the products are unused and undamaged, incl. in the original packaging. We recommend that the customer deliver all the products that they want to return to the seller at a time and in the original transport packaging.

7.4. In accordance with the Law of Obligations Act, the right of withdrawal does not apply to products that cannot be returned due to their nature, including:

7.4.1. the products that are not fit to be returned for health protection reasons;

7.4.2. chilled and frozen products and highly perishable (i.e. with the ‘Use before …’ labelling) products;

7.5. In the case of any deterioration of the condition of the product subject to return, the customer is liable for the diminished value of the product caused by the use of the product only in the case the consumer used the product in a manner other than that necessary to establish the nature, characteristics and functioning of the product. In order to establish the nature, characteristics and functioning of the product, the customer must only handle and use the product in the same manner as the customer would customarily be allowed to do in a store.

7.6. The refunds that the seller makes in accordance with these terms and conditions are made within seven working days of the date of delivery specified in the order. Refunds are made to the customer’s same bank account from which the order was paid for.

8. FILING COMPLAINTS AND LIABILITY

8.1. If the seller breaches their obligations, the customer has the right to request performance of the obligation, withhold performance of an obligation which is due from the customer, request compensation for damage, reduction of the price or withdraw from the contract.

8.2. The customer agrees to notify the seller of non-conformity of the products, i.e. to file a complaint, no later than within one day of the detection thereof.

8.3. Complaints concerning products not in conformity with the requirements can be filed by sending an e-mail to epood@loheari.ee. The complaint must set out the customer’s name and contact details, the date of filing the complaint, the defect detected in the product and the content of the claim to be filed. The document certifying the purchase must also be attached.

8.4 The seller is not liable for defects occurring after the delivery of the goods to the customer (e.g. perishing of the goods as a result of storing the goods under incorrect storage conditions and/or temperature).

8.5. The seller is not liable for damage or any other consequences, including for a delay in delivery, arising from incorrect data provided by the customer when placing an order if this has been caused by circumstances beyond the control of the seller.

8.6. The seller is not liable for damages caused by non-purposeful use of the goods.

8.7. Disputes arising between the seller and the customer are resolved by way of negotiations between the parties. If no agreement is reached, the customer has the right to have recourse to the Consumer Protection Board (Pronksi 12, Tallinn 10117, http://www.tarbijakaitseamet.ee) and the Consumer Disputes Committee (Pronksi 12, Tallinn 10117, http://www.komisjon.ee) for out-of-court resolution of the dispute or to the Harju County Court. In addition, all customers have access to the Online Dispute Resolution (ODR) platform at the address of http://ec.europa.eu/odr, which is the electronic environment of the European Union via which complaints against online merchants can be resolved.