Terms and conditions
1.1 The owner of the online shop www.elytra.ee (hereinafter referred to as the Online Shop) is Elytra Trade OÜ (registration code 14973858), located at Raua, Koovälja village, Rakvere.
rural municipality, Lääne-Viru county.
1.2 These Terms and Conditions of Use regulate the legal relations between Elytra Trade OÜ (the Seller) and the person making the purchase (the Buyer) when buying and selling on the Online Shop.
1.3 In addition to these Terms and Conditions, legal relations arising from the distribution of products via the e-shop shall be governed by the laws of the Republic of Estonia.
1.4. The Seller may change the terms and conditions of use of the e-shop and the prices of the products and services. Any such changes will be notified in the e-shop environment. The conditions and prices applicable to the transaction shall be those in force at the time of the transaction.
1.5 The selection of products, prices and discounts may differ from the selection of products, prices and discounts in the Seller's retail stores.
2.1 Information about the goods is provided in the Online Shop directly next to the goods.
2.2 The prices of the Products are indicated in the Online Shop with the Products. The price is subject to a delivery charge, unless otherwise stated when paying for the goods. The delivery fee depends on the location of the Buyer and the delivery method. The delivery charge will be displayed to the Buyer when placing the order. All prices are quoted in Euro.
2.3 The Online Shop has the right to withdraw from the sales transaction and to demand the return of the goods from the Buyer, if the price of the goods in the Online Shop is indicated significantly below the market price of the goods due to a mistake.
3. PLACING AN ORDER
3.1 To order the goods, you must add the desired products to the shopping cart. In order to place an order, you must fill in the required fields and select the appropriate delivery method.
3.2 It is possible to modify the products and quantities in the shopping cart and to remove products from the shopping cart until payment for the product.
3.3. When placing an order, the final price will be displayed on the screen, which can be paid by bank transfer or other payment method.
3.4 The contract shall enter into force from the date of receipt of the amount due to the current account of the Online Shop.
3.5. The Seller shall send a notice of order confirmation to the Buyer's e-mail address. In the event that the letter is not found in the mailbox, please check that it has not been accidentally placed in the spam folder.
3.6 The Seller has the right to withdraw from the contract if the goods ordered cannot be delivered due to the goods being out of stock or for any other reason. The Seller shall notify the Buyer thereof as soon as possible and refund all payments received for the goods ordered (including delivery costs) without delay, but not later than 14 days after the notification.
4.1 The Buyer shall pay 100% in advance for purchases made in the Online Shop.
4.2 You can pay for orders via Estonian bank links (Swedbank, SEB, Luminor, LHV, Coop), Finnish, Latvian and Lithuainian banklinks, via Google Play, Alipay, credit card or PayPal. Bank payments are mediated by Montonio Finance OÜ, and credit card payments are mediated by Stripe.
4.3 Payment is made outside the e-shop in a secure environment. The Seller does not have access to the Buyer's bank and credit card details. Elytra Trade OÜ is the controller of the personal data, Elytra Trade forwards the personal data necessary for the execution of payments to the authorised processor Montonio Finance OÜ.
5.1 The online shop delivers products worldwide.
5.2 The Products will be delivered according to the method chosen by the Buyer in the Online Shop. Delivery methods are Smartpost parcel machine, Omniva post office and parcel machine or DPD parcel machine and courier. Delivery to foreign countries is carried out in cooperation with DPD Estonia AS and Omniva shipping service.
5.3 The Buyer shall bear the shipping costs of the Goods (unless other terms and conditions are specified) and the corresponding price information is displayed with the shipping method.
5.4 The Seller will dispatch orders on all working days, but not later than 3-21 working days after the order has been confirmed. In exceptional cases, the Seller has the right to deliver the goods within up to 45 calendar days. The latter shall be deemed to include special orders.
6. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE OF PRODUCTS
6.1 The Buyer has the right to withdraw from the transaction within 14 calendar days by submitting to the Seller a written form of withdrawal from the purchase of the goods, which can be found on the e-commerce site and which contains the following information:
– First name and surname
– Phone number
– Email adress
– Bank account details
- Date of order
– Goods/Services Received Date.
– Name of goods to be returned
– Item serial number
– Purchase invoice number
– Reason for return
6.2. The application for withdrawal from the purchase must be sent to the e-mail address firstname.lastname@example.org
municipality, Lääne-Viru county, no later than 14 calendar days after receipt of the goods. The Seller shall acknowledge receipt of the notice of withdrawal by means of a notice sent to the Buyer.
6.3 The product to be returned must include all purchase documentation. Any labels attached to the goods and any items (e.g. protective films, moisture collectors, plastic wrappings, etc.) fitted to protect the condition of the goods and which do not prevent the goods from being tried on and must be unremoved when the goods are returned.
6.4 In order to exercise the 14-day right of return, the goods ordered may not be used in any other way than is necessary to ascertain the nature, characteristics and functioning of the goods in the same way as is permitted for trying out the goods in a physical shop. If the goods have been used for purposes other than those necessary to ascertain the nature, characteristics and functioning of the goods, or if they show signs of use or wear and tear, the Seller shall be entitled to reduce the amount of the refund in proportion to the reduction in the value of the goods or to refuse to reimburse the value of the goods.
6.5 The return conditions apply to products in standard sizes. Special orders and customized products are not returnable.
6.6 The Buyer has the right to exchange the ordered product within 14 calendar days after receipt of the ordered product if the ordered product is of an unsuitable size. The return of a product of an unsuitable size is subject to conditions 6.1 to 6.5.
6.7 If the product returned to the Seller cannot be exchanged due to lack of the size requested by the Buyer, the Seller will contact the Buyer to offer a solution.
6.8 The Buyer is obliged to return the product to be returned within 14 calendar days from the day of submission of the application to withdraw from the purchase of the goods.
6.9 The Seller does not accept any responsibility for the returned product until the receipt of the returned product. The return and/or exchange of the product is free of charge, except for the return transport costs, which are borne by the Buyer. In the event that the Buyer has received a defective product, the Seller shall bear the costs of return.
6.10. Upon receipt of the goods to be returned, the Seller shall return to the Buyer without undue delay, but not later than 14 days after receipt of the notice of withdrawal, all fees received from the Buyer under the contract, including transport costs. In the event that the Buyer has expressly chosen a delivery method other than the cheapest delivery method offered by the Online Shop, the Seller shall not be obliged to reimburse to the Buyer the costs exceeding the costs related to the delivery method offered by the Online Shop.
6.11. The Seller reserves the right to delay making any repayment until it has received the object of the contract.
6.12. The Seller has the right to withdraw from the sales transaction and to demand the return of the goods from the Buyer, if the price of the goods in the Online Shop is indicated significantly below the market price of the goods due to a mistake.
7. RIGHT OF COMPLAINT
7.1 The Seller shall be liable for the non-conformity or defect of the goods sold to the Buyer, which already existed at the time of delivery of the goods and which becomes apparent within 14 days from the date of delivery of the goods to the Buyer, of which within the first 2 weeks from the date of delivery of the goods to the Buyer it shall be assumed that the defect already existed at the time of delivery of the goods. It shall be the Seller's responsibility to rebut this presumption. The Seller shall not be liable for defects which have occurred after the delivery of the goods to the Buyer.
7.2 In the event of nonconformity or defects in the Product, the Buyer undertakes to notify the Seller immediately, but not later than within 2 months of becoming aware of the nonconformity, by sending the relevant information to the e-mail address email@example.com
rural municipality, Lääne-Viru county.
7.3 In the event of non-conformity or defect of the Product, the Buyer has the right to demand the repair or replacement of the Product with a conforming and faultless Product or the return of the Product at the Seller's expense.
7.4 The Buyer has the right to demand a reduction in the purchase price of the product or termination of the contract and recovery of the sums paid for the product if:
- The seller cannot repair or replace the product; or
- failure to repair or replace the product; or
- The seller has failed to remedy the defect within a reasonable time.
7.5 In the event of the return of a non-conforming Product, the amount paid for the Product, together with the transport costs, shall be refunded to the Buyer to the bank account indicated by the Buyer within 14 days at the latest. The Seller has the right to delay the reimbursement of the sums paid until the Buyer has returned the Product in his possession.
7.6 The Seller shall bear the costs related to the repair or replacement of the goods within 14 days of delivery of the goods to the Buyer. For the following 30 days, the Seller shall bear the corresponding costs only if the claim is justified. The Seller shall not reimburse or be liable for any costs incurred by the Buyer in the event of non-conformity or defects in the Product if:
- The value of the product is reduced/damaged due to the fault of the Buyer;
- The defects are the result of improper use of the product, i.e. not following the maintenance instructions;
- The product is depreciated due to natural wear and tear caused by normal use;
- No copy of proof of purchase.
7.7 In case of disagreement between the Buyer and the Seller regarding the defects of the product, the Buyer has the right to address a complaint to the Seller, stating in the complaint in writing or in a form that can be reproduced in writing his name and contact details, the date of the complaint, the defect of the product and his preferred solution. The Seller shall reply to the Buyer's complaint in writing or in a form capable of being reproduced in writing within 14 calendar days. If the Buyer has any complaints regarding the Online Shop, they should be sent by e-mail to firstname.lastname@example.org
7.8 If the Buyer and the Seller do not reach an agreement on the dispute, the Buyer has the right to apply to the Consumer Disputes Committee of the Consumer Protection Board of Estonia for out-of-court settlement of the dispute. You can read the terms and conditions of the procedure and apply here. (https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon) . The Consumer Disputes Committee is competent to settle disputes arising from a contract concluded between the Buyer and the Seller. The examination of the Buyer's complaint by the Commission is free of charge. Disputes with the Consumer Protection Board in Estonia are settled in accordance with the laws of the Republic of Estonia. The Buyer may turn to the European Union Consumer Dispute Resolution Platform. (https://ec.europa.eu/consumers/odr/main/index.cfm)
7.9 In case of disagreement with the Commission's decision, the parties have the right to appeal to the county court of the Buyer's domicile.
8. PROCESSING OF PERSONAL DATA
8.1 The controller of the personal data is Elytra Trade OÜ (registration code 14973858), located at Raua, Koovälja village, Rakvere.
rural municipality, Lääne-Viru county.
8.2 The processing of personal data shall comply with Estonian and European Union legislation.
8.3 The controller collects the following personal data: name, telephone number, address, e-mail address, bank details. The data will be used only for the purpose of processing the order and sending the goods to the Buyer. The Seller shall transfer personal data to companies providing transport services for the purpose of delivery of the goods.
8.4 Personal data transmitted to the controller is protected and treated as confidential information. Data communication between the client and the banks is encrypted. The data processor does not have access to the customer's confidential bank and payment card details. The data controller shall not disclose the data of which it becomes aware to third parties.
8.5 The controller may send newsletters to the Buyer, including satisfaction surveys and offers, to the Buyer's e-mail address only with the Buyer's prior consent.
8.6 The Buyer has the right to lodge a complaint with the Data Protection Inspectorate or a court if he/she considers that his/her rights have been violated in the processing of personal data. The contact details of the Data Protection Authority (DPA) can be found on the DPA website. www.aki.ee.