1.1. The owner of the Freetime Hobby online store (hereinafter - “the Online Store” is Freetime Hobby OÜ (registry code 14952402), Tallinn.
1.2. The present Terms and Conditions of use regulate legal relations arising between Freetime Hobby OÜ (the Seller) and the person who completed a purchase (the Buyer) when a product or service is purchased and sold in the Online Store.
1.3. In addition to the present Terms and Conditions, legal relations arising from distribution of the products are regulated by the laws of the Republic of Estonia.
1.4. The Seller can amend the Terms and Conditions of the Online Store, and change prices of the products and services in the Online Store. Changes and amendments are communicated through the environment of the Online Store. Transactions are regulated by the Terms and Conditions effective at the time of performance of the respective transaction.
1.5. Selection, prices and discounts of the products may differ from selection, prices and discounts of the products available in retail stores of the Seller.
1.6 The color in the product image on the computer screen may differ slightly from the actual product.
2.1. Information about the products is displayed in the Online Store directly near the respective product without the value added tax.
2.2. Prices of the products sold in the Online Store are displayed near the products. The charge for delivery of the products is added to the price, unless other information is displayed during completion of the purchase. The charge for delivery of the products depends on location of the Buyer and on the delivery method. The delivery charge is displayed to the Buyer when the Buyer completes his or her order.
2.3. The Online Store has the right to withdraw from the sale transaction and demand the products back from the Buyer, if the price of the products displayed in the Online Store was significantly lower than the market price of the products.
3. SUBMISSION OF THE ORDER
3.1. When the Buyer orders the products, he or she must add the desired products to the basket. To submit the order all required data fields must be completed, and a suitable method of delivery of the products must be selected.
3.2. Products in the basket and their amount can be changed, and products in the basket can be removed until they were paid for.
3.3. During completion of the order the final price is displayed on the screen, and it can be paid using a bank link or another payment solution.
3.4. The contract enters into effect from the time when the amount due to be paid is transferred to the settlement account of the Online Store.
3.5. The Seller sends a notice confirming the order to the Buyer’s e-mail address. If the Buyer cannot find the confirmation letter in his or her mailbox, the Buyer should check if the letter accidentally got in the spam folder.
3.6. The Seller has the right to withdraw from the contract if delivery of the ordered products was impossible because the products ran out of stick, or due to any other reason. The Seller informs the Buyer thereof as soon as possible, and returns the entire payment that was transferred for the products (including costs of delivery) without delay, however, not later than within 2 workdays following receipt of the respective notice.
4.1. The Buyer pays for the purchases made in the Online Store in a form of a 100% prepayment.
4.2. The Buyer can pay for the orders through bank links Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay, as well as using Visa and Mastercard card payments.
4.3. Orders are paid for in euros.
4.4. When the Buyer uses a bank link for payment, he must click on the “Back to the merchant” button to complete the payment.
4.5. Payments are administered by Maksekeskus AS. Payments are made in a secure environment of the Online Store – when the Buyer pays via a bank link, payment is made in a secure environment of the respective bank, and when the Buyer pays with a credit card, payment is made in a secure environment of Maksekeskus AS. The Seller does not have any access to the bank and credit card details of the Buyer. The contract enters into effect from the time when the amount due to be paid is transferred to the settlement account of the Online Store.
The owner of the Online Store is the responsible processor of personal data, who sends the personal data required for completion of payments to the authorised processor Maksekeskus AS.
5.1. The Online Store delivers products within Estonia.
5.2. The products are delivered using the method selected by the Buyer in the Online Store. The delivery partners of the Online Store are Omniva, Itella and DPD.
5.3. Costs of delivery of the products are borne by the Buyer, and the respective price information is displayed near the delivery method.
5.4. The Seller dispatches orders on all business days, not later than within five business days after confirmation of the order. In exceptional cases the Online Store has the right to deliver the products within 45 calendar days. A custom order is considered as an exceptional case.
6. RIGHT OF WITHDRAWAL, RETURN AND REPLACEMENT OF PRODUCTS
6.1. The Buyer has the right to withdraw from the contract within 14 calendar days, of receipt of the goods,by submitting to the Seller a written notice of withdrawal from purchase, containing the following information:
- Name and surname
- Contact telephone number
- E-mail address
- Bank account details
- Date of submission of the order
- Date of receipt of the item
- Name of the returned product
- Serial number of the product
- Number of the invoice for purchase of the product
- Reason for return
6.2. The notice of withdrawal from purchase of the product must be sent to e-mail address firstname.lastname@example.org or postal address Lõõtsa 2, Tallinn, not later than within 14 calendar days following receipt of the product. The Seller confirms receipt of the notice of withdrawal by sending a confirmation notice to the Buyer.
6.3. The returned product must include all purchase documentation. Labels attached to the product and items attached to the product for protection of its condition (such as protective film, moisture absorbers, film covers, etc.) that do not hinder testing and inspection of the product, must not be removed at the time of return.
6.4. The 14-day right of return cannot be exercised if the ordered product was used in a manner other than the one necessary to ascertain the nature, properties and operation of the product in the same acceptable way that is allowed for testing the product in a physical store. If the product was used for the purpose other than the one necessary to ascertain the nature, properties and operation of the product, or if the product has signs of use or wear, the Seller has the right to reduce the returned amount in accordance with reduction in the value of the product, or to refuse to reimburse the price of the product.
6.5. The terms and conditions of return apply to products with standard dimensions. Custom orders and products adapted to special requests cannot be returned.
6.6. The Buyer can exchange the ordered product within 14 calendar days following its receipt, if the size of the ordered product is unsuitable. Return of a product with unsuitable size is subject to the conditions listed in Sections 6.1-6.5.
6.7. If the product returned to the Seller cannot be replaced because the size requested by the Buyer is not available, the Seller contacts the Buyer to propose a solutions.
6.8. The Buyer is obliged to return the product that is subject to return within 14 calendar days following the day of submission of a notice of withdrawal from purchase of the product.
6.9. The Seller does not accept liability for the returned product until the returned product is received by the Seller. Return and/or replacement of products is free of charge, expect for delivery costs which are borne by the Buyer. If a defective product was transferred to the Buyer, the costs related to return of the product are borne by the Seller.
6.10. When the Seller receives the returned products, it refunds to the Buyer all amounts received by the Seller under the contract, including the delivery charge, promptly, however, not later than within 14 days following receipt of the notice of withdrawal. If the Buyer explicitly chose a delivery method that differs from the cheapest usual delivery method offered by the Online Store, the Seller does not have to refund to the Buyer those expenses that exceed expenses related to a usual delivery method.
6.11. The seller will refund the received fees immediately upon receipt of the returned goods or on the basis of the submitted return certificate (parcel code).
6.12. The Seller has the right to withdraw from the sale transaction and demand the products back from the Buyer, if the price of the products displayed in the Online Store was significantly lower than the market price of the products.
7. RIGHT TO SUBMIT A CLAIM
7.1. The Seller is liable for non-correspondence of the products sold to the Buyer to the terms and conditions of the contract, or for defects that existed already at the time of transfer of the item to the Buyer and that were discovered within up to two years starting from the time of transfer of the goods to the Buyer. Within the first six months following the time of transfer of the item to the Buyer it is assumed that the defect existed already at the time of the transfer. Rebuttal of such assumption is the obligation of the Seller. The Seller is not liable for any defects that were discovered after transfer of the products to the Buyer.
7.2. In case of non-correspondence of a product to requirements, or in case of discovery of defects in a product the Buyer is obliged to inform the Seller thereof promptly, however, not later than within 2 months following discovery of the non-compliance, by sending respective information to e-mail address email@example.com or postal address Lõõtsa 2B, Tallinn.
7.3. In case of non-correspondence of a product to requirements, or in case of discovery of defects, the Buyer has the right to demand replacement of the product with a product that corresponds to the requirements and is free from defects, or to return the product at the expense of the Seller.
7.4. The Buyer has the right to demand reduction of the price of purchase of a product, or termination of the contract and return of the amounts paid for the product, if:
- the Seller cannot repair or replace the product, or
- repair or replacement of the product was unsuccessful, or
- the Seller has not corrected defect of the product within reasonable time
7.5. In case of return of a product that does not correspond to requirements, the amount paid by the Buyer for the product together with delivery costs is returned to the bank account communicated by the Buyer not later than within 14 days. The Seller has the right to delay return of the amounts paid by the Buyer until the Buyer returns the product.
7.6. The Seller bears expenses related to return or replacement of an item during the first six months following its transfer to the Buyer. During the following 1.5 years the Seller bears respective expenses only if the claim is justified. The Seller does not reimburse expenses incurred by the Buyer in case of non-correspondence of a product to requirements, or in case of a defective product, and the Seller is not liable for such non-correspondence or defects, if:
- value of the product decreased or the product was damaged due to the Buyer’s fault;
- defects appeared due to the use of the product other than as intended, including due to non-compliance with the maintenance manual;
- value of the product decreased due to normal wear resulting from usual use;
- there is no copy of a document proving completion of the purchase.
7.7. If any disagreements regarding defects of a product arise between the Buyer and the Seller, the Buyer has the right to submit a claim to the Seller in a written format or in a format which can be reproduced in writing, stating his or her name and contact details, date of submission of the claim, defect of the product and solution proposed by the Buyer. The Seller responds to the claim in a written format or in a format which can be reproduced in writing within 14 calendar days. If the Buyer has any claims against the Online Store, they must be sent to e-mail address firstname.lastname@example.org.
7.8. If the Buyer and the Seller do not reach an agreement regarding the dispute, the Buyer has the right to turn to the Consumer Disputes Committee of the Consumer Protection Board for resolution of the dispute out of court. The Buyer can familiarise himself or herself with the conditions of the procedure and submit an application here (https://www.ttja.ee/en/private-client/consumer-rights/consumer-rights-and-obligations/consumer-claims). The Consumer Disputes Committee has competence for resolution of disputes arising from the contract concluded between the Buyer and the Seller. Review of a complaint of the Buyer by the Committee is free of charge. Disputes which are resolved in Estonia by the Consumer Protection Board are resolved on the basis of the laws of the Republic of Estonia. The Buyer can turn to the Online Dispute Resolution platform of the European Union. (https://ec.europa.eu/consumers/odr/main/index.cfm)
7.9. If any party disagrees with the decision of the Committee, such party can turn to court at the area of location of the Buyer.
8. PROCESSING OF PERSONAL DATA
8.1. The responsible processor of personal data is Freetime Hobby OÜ (registry code [registry code of the company]), address Lõõtsa 2B, Tallinn.
8.2. Personal data is processed in accordance with the legal instruments of Estonia and the European Union.
8.3. The responsible processor collects the following personal data: name, telephone number, address, e-mail address, bank details. Data is used only for processing of the order and for sending the products to the Buyer. The Seller sends personal data to the company that provides transport services for the purpose of delivery of the products.
8.4. Personal data sent to the responsible processor is protected and treated as confidential information. Data communication between the Buyer and banks is encrypted. The data processor does not have access to confidential bank and credit card details of the Buyer. The responsible processor does not disclose data that it received to third persons.
8.5. The responsible processor of personal data can send to the Buyer newsletters, including satisfaction surveys and offers, using the Buyer’s e-mail address only if the Buyer previously provided a respective consent.
8.6. The Buyer has the right to submit a complaint to the Data Protection Inspectorate or to the court, if he or she finds that processing of personal data resulted in violation of his or her rights. Contact details of the Data Protection Inspectorate can be found on the website of the Data Protection Inspectorate www.aki.ee.