General terms and conditions of the online shop

General terms and conditions of Palmako’s online shop for ordering and processing personal data as of 11.05.2015

1. ONLINE SHOP
2. GENERAL PROVISIONS
3. PRODUCTS AND PURCHASING
4. PRICES
5. TERMS AND TIME OF DELIVERY
6. WITHDRAWAL
7. RIGHT OF WITHDRAWAL
8. COMPLAINTS PROCEDURE
9. PERSONAL DATA AND THEIR USE
10. LIABILITY
11. DISAGREEMENTS
12. TERMS AND CONDITIONS OF USE
13. COOKIES

Palmako AS, registry code 10301984, address Näituse 25, 50409 Tartu (hereinafter referred to as the Service Provider) and the client who places an order in Palmako’s online shop and identifies themselves by entering their personal data in the order (hereinafter referred to as the Service User) have entered into this Online Shop User Agreement (hereinafter referred to as the User Agreement).

1. ONLINE SHOP

1.1 The online shop of the Palmako (hereinafter referred to as Online Shop) is an online shop created by the Service Provider, through which products are sold to the Service User.

1.2 Palmako is a registered trademark owned by the Service Provider.

2. GENERAL PROVISIONS

2.1. The relations between the Parties are governed by the Law of Obligations Act, other laws and legal acts of the Republic of Estonia and the terms and conditions agreed on in the Online Shop User Agreement.

2.2. The Service Provider may at any time modify the Online Shop service being provided.

2.3. The Service Provider may unilaterally amend the terms and conditions of the User Agreement without any obligation to notify the Service User by e-mail in writing.

3. PRODUCTS AND PURCHASING

3.1 The products displayed in the Online Shop are usually available in stock.

3.2 If a product is out of stock and the order cannot be fulfilled, the Service Provider contacts the Service User and offers a new delivery time, an equivalent replacement product of the same price and quality or the reimbursement of the amount paid. Money is reimbursed to the Service User without delay, but no later than within 14 days of placing the order.

3.3 The product images displayed are illustrative and may differ from the actual product. The product descriptions in the Online Shop may not be exhaustive and may include accidental errors.

3.4 The goods offered in the Online Shop can be sold to both natural and legal entities.

3.5 The Service User confirms that they are at least 18 years old.

3.6 The Service User selects the product they want to buy and agrees to enter the data required for the fulfilment of the order (surname, first name, contact telephone, contact e-mail, delivery address) and pay for the products using the online bank link or a credit card or on the basis of a prepayment invoice.

3.7 When placing an order, the Service User agrees to submit the correct data, which are necessary for the fulfilment of the order. The Service Provider is not liable for the failure to fulfil an order or the consequences of such a failure if the failure is due to the provision of incorrect information by the Service User.

3.8 A sale is finalised when the Service User has placed an order through the Online Shop web page and paid for the order.

4. PRICES

4.1. All prices displayed in the Online Shop are in euros and include Value Added Tax.

4.2. The Service Provider may change the prices displayed in the Online Shop at any time. If the prices in the Online Shop are changed after the Service User placed and paid for the order, the Service Provider is obliged to deliver the relevant products to the user for the prices that were in effect at the moment the order was placed. The Service User is not entitled to compensation for price differences.

5. TERMS AND TIME OF DELIVERY

5.1 The Service User may choose between two delivery methods.

5.1.1 The goods are delivered to the Service User within the Republic of Estonia (mainland and larger islands – Saaremaa, Hiiumaa, Muhumaa) by means of transport arranged by the Service Provider.

5.1.2 The Service User collects the goods themselves from Kavastu, Tartu County (Kavastu küla, Luunja vald, 62204 Tartumaa).

5.2 If the Service User has chosen the transport arranged by the Service Provider as the delivery method, the Service User pays for the shipping service immediately in the Online Shop when placing the order for the goods. Using the transport provided by the Service Provider, the Goods are delivered within 28 calendar days of receipt of the money in the bank account of the Service Provider. The goods are delivered to the address indicated upon placing the order and the exact delivery time is agreed with the Service User using the phone number or e-mail address indicated upon placing the order.

5.3 If the Service User has chosen to collect the goods themselves from Kavastu, Tartu County, the Service User will be informed by phone or e-mail when the ordered goods are ready for collection. This information is sent to the Service User within five business days of receipt of the money in the bank account of the Service Provider.

5.4 Ordered goods are handed over only to the Service User specified in the order upon presentation of an identity document. Goods can be handed over to third parties only by agreement with the Service User.

6. WITHDRAWAL

6.1 If the Service User wants to withdraw from the agreement after placing an order, before the Service Provider has performed the agreement, the Service User agrees to notify the Service Provider thereof in writing at the earliest opportunity. The written notice must be e-mailed to pood@palmako.ee. The data of the order (the goods purchased) from which the Service User wants to withdraw and the contact details of the Service Provider (first name, surname, date of order, telephone number) must be noted in the e-mail.

6.2 If the withdrawal request reaches the Service Provider after the Service Provider has performed the agreement, withdrawal will take place according to the Right of Return chapter of the User Agreement.

6.3 The Service Provider will refund the paid amount to the Service User immediately, but no later than within 14 days of receipt of the notice of withdrawal from the Agreement.

6.4 Money will be transferred to the same bank account from which the Service Provider received it.

7. RIGHT OF WITHDRAWAL

7.1 Contracts entered into in the Online Shop are subject to the 14-day right of withdrawal from contract entered into via means of communication. This period starts from the day of delivery of the goods to the Service User. If the Service User has decided to withdraw from the contract, they will be obliged to return the goods to the Service Provider.

7.2 A product being returned must be free of defects, complete, in the original packaging and unused.

7.3 The right of return does not apply to goods whose packaging has been opened.

7.4 To return a product, a return notice must be sent by e-mail to pood@palmako.ee or a return form provided on the Online Shop website must be filled. The return notice must include the following information – the buyer's details (name, contact details), date of purchase, the number of the purchase document (invoice), the number of the house set (found on the packaging label or installation instructions, starts with PE...), date of discovering the defect, reason for returning/description of the complaint, preferably photos to describe the complaint.

7.5 In the event of withdrawal from the contract, the consumer must return the purchased item immediately, but no later than within 14 days of giving notice of their withdrawal from the contract.

7.6 Upon the return of the goods, money is reimbursed to the Service User without delay, but no later than 14 days after receiving the withdrawal notice.

7.7 Money will be transferred to the same bank account from which the Service Provider received it.

7.8 The Service User undertakes to pay for the expenses accompanying the return of the products, except when the products to be returned do not correspond to the products specified in the order placed by the Consumer.

7.9 If the goods are found not to comply with the conditions provided in clauses 7.1 through 7.4 of the User Agreement, the Service User is not reimbursed and the returned product remains deposited with the Service Provider. The Service User covers the costs of depositing or returning the product to the Service User.

8. COMPLAINTS PROCEDURE

8.1 Products sold from the Online Shop are subject to the two-year complaint deadline set out in § 218 (2) of the Law of Obligations Act; within the first six months of which the origin of the defect is determined by the Service Provider.

9. PERSONAL DATA AND THEIR USE

9.1 The Service User gives their express informed consent to the Service Provider for the processing of their personal data.

9.2 The personal data of the Service User, which the Service User entered upon placing an order and which have become known to the Service Provider, are entered in the client register and used for providing sales services and offering goods to the Service User.

9.3 Requesting card data takes place by means of the secure SSL data communications and the MasterCard SecureCode and Verified by Visa security systems.

9.4 The Service Provider does not see the entered card data. The cardholder is directed to the secure environment of the Card Centre (Pankade Kaardikeskuse AS, www.estcard.ee) for conclusion of the transaction. When a payment is made, the card data of the cardholder are entered by the cardholder in the database on the server of the Card Centre and the data are also retained on the server of the Card Centre.

9.5 The source of the personal data is the creation of a client relationship upon the registration of an order in the Online Shop.

9.6 The personal data registered consist of data concerning the order placed by the Service User: surname, first name(s), street, house, apartment number, village or town, postal code, telephone number, address, delivery method, method of payment used, consent to the Online Shop User Agreement, consent to the receipt of sales offers by e-mail, comments entered as free text.

9.7 Personal data are processed by Palmako AS, Näituse 25, 50409 Tartu, registry code 10301984.

9.8 The personal data of the Service User necessary for the delivery of goods to the Service User are transferred to the companies providing the transport services.

9.9 The protection of personal data is guaranteed by all security measures arising from the law.

9.10 The Service Provider agrees to not transfer registered personal data to unauthorised persons.

9.11 The Service Provider reserves the right to transfer personal data concerning the Service User to persons who are lawfully entitled to receive such data and process such data for performing their obligations arising from the law and persons who are lawfully entitled to receive such data and the transfer is effected to protect the life, health or freedom of the Service User or another person.

9.12 The Service User may check their personal data, modify them or request that their personal data be deleted from the register.

9.13 The Service User grants their consent to the Service Provider for sending an order confirmation to the e-mail address entered upon placing the order.

9.14 The Service User grants their consent to the Service Provider for sending sales offers to the e-mail address entered upon placing the order if they have indicated consent to the general terms of placing an order.

10. LIABILITY

10.1 The Service Provider’s liability is limited to the amount of the selling price. The Service Provider cannot be held liable for damage caused by defective products, such as damage to property, loss of turnover or profit.

10.2 The Service User agrees to use the Online Shop service only in accordance with the law and relying on good practice.

10.3 The Service User is liable for the expenses related to the purchase and maintenance of all software data communication systems of the equipment required for their use and any other expenses arising from the use of the Online Shop service.

10.4 The Service User is fully liable for any damage caused to the Service Provider, other users of the Service or third parties by the use of the Online Shop contrary to the terms and conditions of the User Agreement or to the law and good practice.

11. DISAGREEMENTS

11.1 Any disagreements between the Service User and Service Provider arising from the User Agreement will be settled in accordance with the applicable legislation of the Republic of Estonia. Failing agreement, the disagreements will be settled in the Tartu County Court.

12. TERMS AND CONDITIONS OF USE

12.1 The Service User has the obligation to examine the terms and conditions of the User Agreement.

12.2 By ticking the “I agree to the General Terms of the Online Shop” checkbox in the relevant window upon placing an order, the Service User agrees that they have examined, understood and agreed to the terms and conditions of the User Agreement.

13. COOKIES

13.1 The service provider uses the Google Analytics Web analysis service provided by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) on their Website. Google Analytics uses the so-called cookies to collect information about the way the website is used by visitors. The service provider uses this information to create reports and improve their website. Cookies are also used to make offers and advertisements more relevant and better targeted. Cookies collect anonymous information, such as that regarding the number of visitors to the website, their IP addresses and the time, location and frequency of website visits. This information is usually transferred to a Google server located in the USA and stored there. You can review Google’s privacy policy here: https://www.google.com/intl/eng/policies/privacy  

13.2 The following cookies are used on the service provider’s website:
- Temporary cookies which are deleted automatically after each visit. The server uses these cookies to store information on the activities performed by the website. This allows the user to resume their activities where they left off last time.
- Persistent cookies which are retained in the user’s computer after closing the web browser. These cookies are used to store the visitor’s preferences. 
- First-party cookies which originate from the service provider’s website and may be either temporary or persistent. These cookies can be used to store information to be re-used on the next visit to the website. 
- Third-party cookies which are used by the websites belonging to the service provider’s partners, embedded or linked on the service provider’s website.  
The following cookies are also used on the website:
- has_js:
This cookie is used to determine the JavaScript status of your browser (enabled/disabled). This is automatically deleted after closing the browser.
- PHP session cookie starting with SESSID prefix: 
This cookie is used to retain PHP session information, primarily for providing shopping basket functionality.

13.3 The user can disable the transmission of data collected on website usage to Google for cookies and also disable further processing of these data on Google’s servers. For this, the user must download and install a special add-on for their corresponding browser: https://tools.google.com/dlpage/gaoptout?hl=en

Palmako AS