CONTRACT FOR USE
CONTRACT FOR USE OF TELMARX INVEST OÜ
E-STORE WWW.TELMARX.EE - Telmarx Invest OÜ, registry code 12581445, address Laki 12, 10621 Tallinn (hereinafter – Service Provider) and the customer, who completed an order in the telm@rx e-Store and identified himself by entering into the order his personal data (hereinafter – Service User), concluded the present Contract for Use of the e-Store (hereinafter – the Contract for Use).
1.1 The telm@rx e-Store (hereinafter – the e-Store) is the internet store created by the Service Provider, through which sale of products to the Service User is performed.
1.2 telm@rx is a registered trademark belonging to the Service Provider.
2. GENERAL PROVISIONS
2.1. The parties to the Contract regulate mutual relations being guided by the Law of Obligations Act and other acts of the Republic of Estonia, as well as the provisions of the Contract for Use of the e-Store.
2.2. The Service Provider has the right to make changes to the offered e-Store service at any time.
2.3. The Service Provider has the right to unilaterally change the terms of the Contract for Use without having the obligation to inform the Service User thereof in writing via e-mail.
3. PRODUCTS AND COMPLETION OF PURCHASE
3.1 The products displayed in the e-Store are normally available in stock. Availability of the products displayed in the e-Store may change due to technical problems in the warehouse or e-Store programs.
3.2 If the product is not available in stock and the order cannot be completed, an e-Store employee contacts the Service User and offers a possible new delivery time, or replacement of the product with another similar product that has the same price and quality, or return of the money paid. Money is returned to the Service User without delay, however not later than within 30 days after submission of the order.
3.3 The displayed product pictures are of illustrative nature and may differ from the actual product. The product descriptions available in the e-Store may not be exhaustive and may contain accidental mistakes.
3.4 The products offered in the e-Store are sold as to natural persons, so to legal persons.
3.5 The Service User confirms that he is at least 15 years of age.
3.6 The Service User selects the desired products and undertakes to enter the data required for completion of the order (last name, first name, contact telephone, contact e-mail address, delivery address, postcode) and pays for the products via a bank link of an internet bank or on the basis of an advance payment invoice.
3.7 When filling in the order the Service User undertakes to submit correct data necessary for completion of the order. The Service Provider is not responsible for non-completion of the order resulting from submission of incorrect data by the Service User when filling in the order, or for any consequences thereof.
3.8 The purchase is completed after the Service User has sent the order via the webpage of the e-Store and paid for the order.
4.1. All the prices displayed in the e-Store are in euros and include value added tax.
4.2. The Service Provider has the right to change the prices displayed in the e-Store at any time. If the prices in the e-Store change after the Service User submits the order and pays for it, the Service Provider undertakes to deliver the respective products to the Service User at the prices that were valid at the time of ordering. The Service User has no right to claim compensation of the price difference.
5. DELIVERY TIME AND CONDITIONS
5.1 The Service User has the right to choose between a number of different methods of delivery of the goods.
5.2 Itella Smartpost parcel terminal, cost: 1.50.-€
5.3 POST24 parcel terminal, shipping cost: 2.-€
5.4 Eesti Post post office, shipping cost: 2.-€
5.5 Eesti Post standard letter, shipping cost: 0.50-€
5.6 ELS kuller shipping cost: 3.-€
5.7 WILL COLLECT MYSELF shipping cost: 0.-€
5.8 INTERNATIONAL SHIPPING worldwide, shipping cost: 5.-€
6. WITHDRAWAL FROM THE CONTRACT
6.1 If the Service User, after submission of the order and before fulfilment of the contract by the Service Provider, wishes to withdraw from the contract, the Service User undertakes to notify the Service Provider thereof in writing as soon as possible. The written notice must be sent to the e-mail address email@example.com. The e-mail must state the number of the order from which the Service User wishes to withdraw, and include the Service User’s contact data (first name, last name, order submission date, contact telephone).
6.2 If the notice of withdrawal reaches the Service Provider after the Service Provider has fulfilled the contract, withdrawal from the contract is performed according to Chapter “Right of Withdrawal” of the Contract for Use of the e-Store.
6.3 The Service Provider transfers to the Service User the amount paid by the latter without delay, however not later than within 30 days following receipt of the notice of withdrawal from the contract.
6.4 The money is transferred to the same bank account from which the money was transferred to the Service Provider.
7. RIGHT OF WITHDRAWAL
7.1 With respect to the contract concluded in the e-Store, the 14-day right of withdrawal from the contract concluded using communication means is applicable. The term starts from the day when the goods were delivered to the Service User. If the Service User decides to withdraw from the contract, he has the obligation to return the goods to the Service Provider.
7.2 The returned product must be without imperfections, in full set, in original packaging and not used.
7.3 The right of return is not applicable to audio and video recordings and computer software in opened packaging.
7.4 In order to return a product the notice of return must be submitted to the e-mail address firstname.lastname@example.org.
7.5 In case of withdrawal from the contract the Service User must return the purchased product without delay, however not later than within 30 days after notification of withdrawal from the contract.
7.6 In case of return the money is transferred back to the Service User without delay, however not later than within 30 days after receipt of the notice of withdrawal from the contract.
7.7 The money is transferred to the same bank account from which it was transferred to the Service Provider.
7.8 The Service User undertakes to bear the costs of return of the goods in the amount of 10 euros, except where the product designated to be returned did not correspond to the order of the Service User.
7.9 The 14-day right of return is not applicable with respect to the following goods: the goods that were made taking the Service User’s personal needs into account, as well as audio and video recordings and computer software that were removed from the packaging by the Service User.
7.10 In case after return of the product it becomes apparent that the product does not correspond to the conditions provided in sections 7.1 – 7.4 of the Contract for Use of the e-Store, the money is not returned to the Service User and the returned product is deposited with the Service Provider. Costs related to depositing the product or returning it to the Service User shall be borne by the Service User.
8. PROCEDURE FOR SUBMISSION OF CLAIMS
8.1 With respect to the sold products the 2-year term for submission of a claim provided in Art. 218 (2) of the Law of Obligations Act shall be applicable.
9. PERSONAL DATA AND ITS USE
9.1 The Service User gives a clear and conscious agreement to the Service Provider to process the personal data of the Service User.
9.2 The personal data of the Service User entered by the Service User during submission of the order that becomes known to the Service Provider is entered into the customer registry and used for provision of the service of sale and offering of goods to the Service User.
9.3 When the card details are asked the secure SSL protocol, as well as MasterCard SecureCode and Verified by Visa security systems are used. 9.4 The Service Provider does not see the entered card details. In order to perform the transaction the card owner is forwarded to the secure environment of the Card Centre (Maksekeskus AS www.maksekeskus.ee). At the moment of payment the card details of the card owner are entered by the card owner into the database located on the server of the Card Centre, and the details are saved also on the server located in the Card Centre.
9.5 The source of the personal data is emergence of the relations with the customer upon registration of an order in the e-Store.
9.6 The registered personal data includes the data concerning the Service User and the order – personal identification code, last name, first name (names), street, house, flat number, settlement or city, postcode, telephone number, address, year of birth, gender, delivery method, used payment method used, agreement with the Contract for Use of the e-Store, agreement to be sent sale offers, notes entered at the e-mail address as a free text.
9.7 The personal data is processed by Telmarx Invest OÜ, Laki 12, 10621 Tallinn, registry code: 12581445.
9.8 The personal data of the Service User required in order to deliver the goods to the Service User is provided to the company providing the courier service.
9.9 Protection of the personal data is ensured using all the security measures based on the law.
9.10 The Service Provider undertakes not to forward the registered personal data to third persons.
9.11 The Service Provider reserves the right to forward the personal data concerning the Service User to the person who has the respective right under the law and who processes the data for the purpose of performance of the obligations prescribed by the law, as well as to the person who has the respective right under the law in case this is done for the purpose of protection of life, health or freedom of the Service User or another person.
9.12 The Service User has the right to control the personal data concerning him, as well as to change it or ask to remove his personal data from the registry.
9.13 The Service User gives the agreement to the Service Provider to send an order confirmation to the e-mail address entered during submission of the order.
9.14 The Service User gives the agreement to the Service Provider to send sale offers to the e-mail address entered during submission of the order, if a tick was put in the respective field of the respective agreement on the order submission page.
10.1 Liability of the Service Provider is limited to the amount of the sale price. The Service Provider does not assume any liability for the damage caused by a defective product, such as damage to information or loss of turnover or profit.
10.2 The Service User undertakes to use the e-Store Service only in accordance with the law and on the basis of good practices.
10.3 The Service User is solely responsible for any costs related to acquisition and maintenance of all devices, software and data connection systems required for the use, as well as for other costs caused by the use of the e-Store Service.
10.4 The Service User is fully liable for the damage caused to the Service Provider, other users of the Service or third persons due to the use of the e-Store in breach of the terms of the Contract for Use of the e-Store or in breach of the law or good practices.
11.1 Disagreements between the Service User and the Service Provider arising from the Contract for Use of the e-Store are resolved according to the legal acts of the Republic of Estonia in force. In case of failure to reach an agreement the disagreement it resolved in the Harju County Court.
12.1 The Service User undertakes to get familiarised with the terms stated in the Contract for Use.
telm@rx Invest OÜ
Effective from 1 January 2014