GENERAL SALES TERMS & CONDITIONS
Please read the following Terms and Conditions carefully before using this website. These General Sale Terms are applying to any order placed on the website www.beautyservice.ee:
1. GENERAL SALES TERMS & CONDITIONS
1.1 These Sales Terms and Conditions (hereafter Terms and Conditions) are applying for beautyservice.ee customer (hereafter Client) and Estetix Group OÜ (hereafter Online store) relating to the sale and purchase of products on the website www.beautyservice.ee All sales transactions are effectuat on a legal basis.
1.2 The sale and purchase of products via www.beautyservice.ee will be governed by the following Terms and Conditions for all registered users of Online store and guests who wish to purchase products via this website. These can not contradict the law of Estonian Republic and can be supplemented with additional provisions (information about services, goods, prices).
1.3 At any time by updating the web page of Online store reserves the right to update the website and may revise these Terms and Conditions relates product’s prices, descriptions, safety options, etc. From time to time, those options could change and our company is under no duty to notify Client of such updates. All changes become effective from the moment of updating this website.
1.4 If the Client placed an order before any changes to the conditions were made, the product is delivered to the Client in accordance with the previous conditions, except as otherwise provided by the laws of Estonia or herein.
2. PRODUCTS PRICE
2.1 All prices of our products on Online store are in EURO (€) and include all taxes (VAT).
2.2 The shipping cost are not included in the price of product and it depends on the selected method of transfer and an amount.
2.3 The prices can be changed by Online store at any time without notice.
2.4 If an order was done before the price change, the product will still be charged at the rate prevailing at the time of the order. Online store not refund the difference in price of products.
2.5 The final order price displayed in the personal shopping cart.
3. CONCLUSION OF THE SALE CONTRACT. ORDER AND PAYMENT
3.1 Online store is a seller and Client of the web site www.beautyservice.ee is a buyer.
3.2 When placing an order, Client adds selected goods in the basket, selects a method of payment (bank transfer according to a bill , BankLink) and a shipping method. It is important to check with the rights of the customer and supplier.
3.3 If Client chooses a bank transfer according to a bill, an invoice will be sent to the Client`s e-mail address, this invoice is the basis for payment. The invoice shall indicate the goods ordered by the Client, the method and cost of the shipment and the address to which the order is delivering. Also, the invoice specifies the data and account number of Online store, to which you should make a payment. If Client has not paid the invoice within 2 working days, Online store believes that Client has refused from the order and wish to cancel it.
3.4 The sale contract between Client and Online store will be deem as complete and formed, when a full payment amount (100%) will be deposit to Online store bank account.
3.5 After placing an order, the Client will receive the invoice and order confirmation by email from Online store. If the Client didn’t get a notification about the order, please contact us by email@example.com .
3.6 If the ordered goods can not be delivered due to the lack of goods in the warehouse or for any other reason, Client will be notified of this at the earliest opportunity, and the paid money (including delivery costs) will be returned no later than 14 days after the messages are sent.
3.7 By using the website www.beautyservice.ee, Client confirms that he has read and accepts these Terms and Conditions, they are clear, understandable for him, and he undertakes to follow them.
4. DISPATCHING AND DELIVERY
4.1. Online store delivers goods within Estonia. Online store can also deliver to Latvia, Lithuania and Finland. Some brands might be delivered only within Estonia. Please contact us if you want to clarify any details.
4.2. After order’s payment (100% payment receiving by Online store), the order will be completed and shipped to the address indicated by Client. NB! The orders received on the weekend are processed on the first working day.
4.3. The delivery costs and the relevant information are displayed in the Online store, in the "Delivery" section.
4.4. Delivery within Estonia is mainly takes 1-4 working days after the conclusion of the contract. Delivery outside Estonia takes 3-7 working days after the conclusion of the contract. In exceptional cases, Online store has the right to deliver goods up to 45 calendar days.
4.5 In case that, the Сlient would like to change delivery address, it is necessary to inform Online store as soon as possible. Client has responsibility to inform Online store of any address or other relevant details change. In case when, an order has been sent to the Client, it is not possible to change the delivery address.
4.6 Delivery and proper shipping depends on how precise information provided by the Client. The products will be delivered properly, in case if the order has been correctly placed. For security reasons Online store will not send any order while it is not possible to identify the client’s address or personal information. Online store is not responsible for any delivery delays or information mistakes provided by Client.
4.7 Online store has the rights to adjust and amend these Terms and Conditions at any time.
5. WARRANTY AND RETURNS
5.1 All products in the Online store are 100% original.
5.2. Product images are for illustrative purposes only. Product images may differ from the actual product. Products description, pricing and availability displayed on the Online store under product’s illustration. In case of doubt or for further information, do not hesitate to contact us.
5.3. The Online store is responsible for the non-compliance of goods sold to a purchaser with the terms and conditions of the contract or for deficiencies which already existed at the time of delivery and which occur within two years of delivering the goods to the purchaser. Within the first six months of delivery it is assumed that the defect was present at the time of delivery. It is the online store ́s responsibility to prove otherwise.
5.4 If there is a defect found in the product, Client should inform the Online store not later than during two month of the occurrence of a defect by sending an email to: firstname.lastname@example.org with the following information: Client's name and surname, contact details, date, alleged defect of the goods (preferably with the photo), number or copy of the invoice for product.
5.5. The Online store is not liable for any defects arising after delivering the goods to the purchaser.
5.6. If goods bought from the online store have defects for which the Online store is responsible, the Online store will repair or replace the defective goods. If the goods cannot be repaired or replaced, the Online store shall return to the purchaser all of the payments involved in the contract of sale.
5.7. The Online store will respond to the consumer ́s complaint in written form or in a form that enables written reproduction within 15 days.
6. RETURNS & REFUNDS
6.1. The Client has the right to return the purchased items within 14 days of the date of the receipt of the goodis (upon receipt of the goods in the postal machine - from the moment of receiving the message), except for products with defects. Returned goods must be intact, unused, with labels and in closed original packaging. According to the Law of Obligations Act (VÕS § 53, subsection 4), the right of withdrawal does not apply to goods that are not suitable for return for hygienic reasons or for reasons of health protection (for example, cosmetics in opened packaging, cosmetics for body, face, hair). The Online store will not accept to refund the order price to Client, if product is damaged, soiled, broken or incomplete.
6.2. The right for returns does not apply if the legal entity acts as a buyer.
6.3. In order to return the goods you should fill out the "Returns" form on the Online store or send the application in free form to the email address email@example.com . In the application should be indicated: the reason of the return, the name and surname of Client, the name of the goods, and also the order number. The Client is obliged to return the goods within 14 days from the date of sending the application.
6.4. All cost for delivering the returned goods is paid by Client. Online store covers shipping costs only, if it was wrong or defective product delivered to the Client.
6.5. If all the mentioned conditions are complied, return will be paid within 14 days.
6.6. Online store may refuse to refund until the goods that are the subject of the agreement are received back, or until the Client provides a proof that the goods are sent back, no matter what happens before.
6.7. In case, if Client would like to exchange product for a different one or the same product but different size, the Client is responsible for the delivery fees.
6.8. Online store has the right to cancel the transaction under the contract and demand from Client to return the goods if the price in the Online store was significantly lower than the market price of the goods.
6.9. If the Client clearly chooses a delivery method other than the cheapest standard way of delivery, Online store is not obligated to reimburse the Client for the cost that exceeds the cost of the standard method of delivery.
6.10. Departures from the contract are also considered cases when the customer does not arrive within 14 days after the goods or withdraws the goods from the postal machine within 7 calendar days (in Lithuania for 14 days) or does not ensure receipt of the goods from the courier at the agreed address and in the agreed time (if the Client is not available at the time of arrival of the goods, the courier will make another attempt to transfer the goods). If both attempts to transfer the goods prove ineffective, then Beautyservice.ee decides that the Customer has refused the order). The amounts for not collected order together with postal expenses are returned immediately, but not later than within 14 calendar days, to the same settlement account from which the purchase was paid.
7. LIABILITY AND FORCE MAJEURE
7.1 Online store does not bear responsibility for the damage caused by incorrect information provided by the Client when filling out an order or other consequences, incl. delay in the delivery of goods, if the delay is due to circumstances for which Online store had no opportunity to influence
7.2. The Client is responsible for provided information and all the consequences that may arise from the information provided to them.
7.3 Neither of the parties is liable before the other one for conditions violated in the form of a delay or failure to comply with obligations in case this was caused by force majeure circumstances independent from the parties. The Agreement will be suspended during the period in which the force majeure event goes on and it is not a violation of the General Conditions.
7.4 Online store does not compensate for moral damage that caused by change of prices, product delivery time, etc in the framework of the current conditions.
7.5 Online store does not refund the client's expenses caused by circumstances when the Client undertakes an obligation before third parties (independent from Online store) on conditions contradicting the current conditions.
7.6 Online store will not reimburse for the Client any loss of profit, consequential or other economic loss due to changes in prices, delivery times, etc.
7.7 Online store will not be liable for any failure or delay in performance of any of our obligations under an agreement that is caused by outside events our reasonable control (force majeure events).
7.8 Online store does not bear responsibility for defects caused: through the fault or negligence of the Client; when using the goods not for their intended purpose; with natural physical wear during normal use.
7.9. Online store does not bear responsibility for damage caused to the Client if, for reasons beyond the control of Online store, the unique code of the postal machine has fallen into the hands of third parties, on the basis of which they received the goods.
8. CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA
The controller of the personal data of the Online shop is Estetix group OU (registry code 11305263), located at Kemia tn. 4, 10616 Tallinn, tel +372 5622 0219 and e-mail: firstname.lastname@example.org.
8.1. What personal data are processed: -name, phone number and email address; -delivery address; -bank account number; -cost of goods and services and data related to payments (purchase history); -customer support data.
8.2. Why personal data are processed
Personal data are used to manage the Client’s orders and deliver goods. Purchase history details (date of purchase, goods, quantity, customer’s data) are used for preparing summaries of goods and services purchased and for analysing customer preferences. The bank account number is used to reimburse payments to the Client Personal data such as email, phone number and the Client's name are processed to handle any issues relating to the provision of goods and services (customer support). The IP address or other web identifiers of a user of the Online shop are processed for the provision of the Online shop as an information society service and for web use statistics.
8.3. Legal grounds
Personal data are processed for the purpose of performing a contract concluded with the Client. Personal data are processed for performing legal obligations (such as accounting and the settlement of consumer complaints).
Personal data are transmitted to the customer support of the Online shop for managing purchases and purchase history and for settling any problems that the customers may have. The name, phone number and email address are transmitted to the transport service provider selected by the customer. When the goods are delivered by a courier, the customer’s address is also transmitted together with the contact details. If the accounts of the web shop are kept by a service provider, the personal data are transmitted to the service provider for performing accounting operations. Personal data may be transmitted to IT service providers if this is necessary for ensuring the functionality of the online shop or for data hosting.
8.4. Security and access to data
Personal data are stored in the servers of Zone Media OÜ, which are located on the territory of a member state of the European Union or states of the European Economic Area. Data may be transferred to the countries whose data protection levels have been assessed as adequate by the European Commission and to the companies in the USA who have joined the Privacy Shield framework.
Personal data can be accessed by the staff of the Online shop in order to settle technical issues related to the use of the online shop and to provide customer support.
The online shop takes appropriate physical, organisational and IT security measures to protect personal data against accidental or unlawful destruction, loss, alteration or unauthorised access and disclosure.
Personal data are transmitted to the data processors of the Online shop (such as the providers of transport and data hosting services) and processed under contracts concluded between the online shop and the processors. The processors must ensure appropriate safeguards when processing personal data.
8.5. Access to and rectification of personal data
Personal data can be accessed and rectified in the user profile of the online shop. When a purchase has been made without a user account, personal data can be accessed through customer support.
8.6. Withdrawal of consent
Where personal data are processed on the basis of the Client’s consent, the customer has the right to withdraw his/her consent by notifying customer support by email.
Personal data are erased upon the closure of a Client account of the Online shop, unless the storage of the data is necessary for accounting purposes or for the settlement of consumer disputes. For online purchases made without a Client account, the purchase history is stored for three years.
In the event of disputes concerning payments and Client disputes, the personal data are stored until the claim is satisfied or until the end of the limitation period. Personal data needed for accounting purposes are stored for seven years.
For the erasure of the personal data, Client support must be contacted via email. requests of erasure are responded to no later than within one month and the period of erasure shall be specified.
Requests to transmit personal data submitted via email are responded to within one month. Client support identifies the person and indicates what personal data are to be transmitted. 8.10. Direct marketing messages. Email address and phone number are used for sending direct marketing messages if the Client has given the respective consent. If the Client does not want to receive direct marketing messages, the customer should select the relevant link at the footer of the email or contact customer service.Where personal data are processed for direct marketing purposes (profiling), the Client has the right to object at any time both to the initial and further processing of his/her personal data, including profiling related to direct marketing by notifying customer support thereof via email (the respective information must be submitted clearly and separately from any other information).
8.12. Dispute resolution
Disputes concerning the processing of personal data are settled through customer support email@example.com. The supervisory authority is the Estonian Data Protection Inspectorate (firstname.lastname@example.org).
9. FINAL PROVISIONS
9.1 The use of Online Store and agreements for purchase of products, through this website will be governed by the Estonian law.
9.2. In case of disagreements or disputes in the implementation of these Terms and Conditions, the parties, first of all, try to reach an agreement through negotiations. If the disputes arising from the contract can not be solved by negotiations, both sides (both Client and Online Store) are entitled to apply to the Department of Consumer Protection or the court for protection of their rights.
9.3. If any of these General Sales Terms and Conditions or any provision of an agreement declared to null, then it does not affect the validity of other terms of the contract and replaced by another provision.
9.4 Any protest about these General Sale Terms and Conditions are governed by the Estonian law only.