General terms - Optikwelt

GENERAL PROVISIONS

GENERAL PROVISIONS
1. These terms of sale (hereinafter: terms) of the Optikwelt OÜ online shop (hereinafter: online shop) apply to purchases made from the online shop at the internet address optikwelt.ee. The seller of the products is Optikwelt OÜ (hereinafter: seller), registry code 10612951, address Fama tn 4, 20303 Narva; email info@optikwelt.ee. The terms govern the legal relationships arising between the seller and the purchaser of products from the online shop (hereinafter: customer).
2. The special provisions on consumer sales of the Consumer Protection Act and the Law of Obligations Act, including the 14-calendar-day right of withdrawal without giving any reason, apply only to customers who are consumers. Legal persons and sole proprietors (FIE) are subject to the general provisions of the Law of Obligations Act.
3. The seller has the right to unilaterally amend and supplement the terms by publishing the new terms at optikwelt.ee. If the customer places an order before the amendments to the terms enter into force, the terms in force at the time the order was placed apply.
4. Before placing an order, the customer may save the terms on their computer and digitally sign them to add a timestamp, or print them directly from the web browser.
5. When the online shop is used in a language other than Estonian, the terms are also displayed in that language. Should the translations be open to different interpretations, the Estonian version shall prevail.
6. By confirming an order in the online shop, the customer agrees to the provisions of these terms.
7. Product images in the online shop are for illustrative purposes only.
8. The contact details of the online shop's customer service are: epood@optikwelt.ee.

To order

ORDERING FROM THE ONLINE SHOP
1. Orders can be placed in the online shop either by logging in as a previously registered customer or as an unregistered customer. The order history and the products in the wishlist (products marked as favourites) can only be viewed by a previously registered customer who has logged in to the online shop.
2. The customer selects the desired product(s) in the online shop and adds them to the order.
3. The customer chooses the method and place of handover of the order (clause 4 of the terms).
4. The customer confirms the order and pays for the entire order in the payment environments offered by the seller. Before paying, the customer checks that the products, quantities and prices shown in the order correspond to their actual wishes.
5. After making payment via a third-party payment environment, the customer must click the “Return to merchant” button.
6. The seller will send the customer an automatic e-mail confirming receipt of the order and payment.
7. The seller starts fulfilling the order once the customer has confirmed the order and paid for the entire order. After the order has been assembled, an invoice and delivery note is sent to the customer by email. If there are errors in the invoice and delivery note (unwanted goods, quantities, etc.), the customer must contact customer service immediately by email or phone.
8. If, when placing the order, the customer has consented to the substitution of a product and the seller is unable to supply the ordered product in the desired quantity when assembling the order, the seller will replace it with a similar product (hereinafter: substitute product). Consent to the substitution of products can only be given by a customer who is logged in to the online shop.
9. If the seller is unable to substitute the product or the customer has not given the seller consent to substitute the product, the cost of the missing product will be refunded in accordance with clause 6.9.
10. If the sale price and/or quantity of the substitute product is lower than the sale price and/or quantity of the product ordered by the customer, the seller will refund the customer the difference between the sale prices of the product and the substitute product in accordance with clause 6.9. If the substitute product is more expensive than the ordered product, the product will be substituted only if the customer has separately agreed to the price difference; otherwise, the cost of the missing product will be refunded in accordance with clause 6.9.
11. The seller has the right to set minimum and maximum quantities of products that the customer can order.
12. The seller has the right to refuse to fulfil the order by notifying the customer thereof by email and stating the reason for the refusal. If the seller refuses to fulfil the order, the cost of the order will be refunded in accordance with clause 6.9.

Payment

PRICE, FINAL COST and PAYMENT
1. Product prices in the online shop are given in euros and include VAT.
2. The prices applicable to the products are those displayed in the online shop at the time of purchase. If the selling price has changed by the time the product is received, the price valid at the time the order was placed shall remain in force.
3. The customer pays for the order in full in advance using the methods shown in the online shop.
  1. A service fee may be added to the order total in accordance with the agreement concluded between the customer and the bank or credit card issuer.
  2. Online payment takes place outside the online shop application in a secure environment provided by the payment service provider (when paying by bank transfer, via a payment service, a hire purchase service or by credit card).
  3. The seller does not have access to the customer's bank, credit card or similar details.
4. If the customer chooses to have the order delivered by the seller (i.e. does not collect the order themselves), a corresponding service fee, shown when the order is being placed, is added to the sale price.

Delivery

RECEIVING THE ORDER
1. Orders can be collected from designated points of sale (hereinafter: the online shop collection point) or are sent to the address specified by the customer by post or courier, and only to the countries that can be selected in the order form.
2. Delivery of digital products
  1. Digital products are made available to the customer via the customer account page of the online shop, for which the customer must first log in.
  2. The download link is valid for 7 days or for up to 7 downloads.
  3. Downloading/streaming a digital product is deemed to constitute consent to the loss of the right to withdraw from the contract.
3. Collecting orders from the point of sale
  1. The order will be issued only at the point of sale specified in the order.
  2. At the point of sale, orders are handed over only during the opening hours of the point of sale.
  3. Orders are available for collection at the point of sale within the time period specified in the order.
  4. The customer can collect the order upon presentation of an identity document (ID card, passport, driving licence) and the order number. If no identity document is presented, the seller may refuse to issue the order.
  5. The seller is not liable for damage incurred by the customer if, for reasons not attributable to the seller, third parties have obtained the unique order number and collected the order using it.
  6. The seller holds orders until the end of the day. If the customer comes to collect the order later than the time period specified in the order, they must allow for a possible waiting time when collecting it. If the customer does not collect the order within the time specified in the order, the customer is deemed to have cancelled the order and the seller will refund the cost of the order to the customer in accordance with clause 6.9.
4. Receiving goods by courier, including via parcel machine
  1. To receive orders by courier, the courier service must be selected when placing the order and the delivery address must be specified. Delivery of the goods by courier takes place in accordance with the terms and conditions established by the courier.
  2. The seller and the courier company are not liable for delays in the delivery of the goods or for misunderstandings if the delay or misunderstanding is caused by inaccurate or incorrect data provided by the customer when placing the order.
  3. For delivery of the goods via a courier or parcel service, a service fee is added, which is shown when the order is placed.
  4. The customer must ensure that the goods are received from the courier.
  5. For a customer who is a consumer, the goods are deemed delivered upon actual receipt of the item. For a legal person or sole proprietor (FIE), the goods are deemed delivered upon handover to the carrier. If the customer chooses a delivery method not offered by the seller, the goods are deemed delivered upon handover to that carrier. If the goods are not received due to circumstances attributable to the customer (incorrect or incomplete address, refusal to accept delivery, expiry of the parcel machine storage period), the goods are deemed delivered as of the first unsuccessful delivery attempt or the expiry of the storage period.
5. Delivery of the order by post
  1. To receive orders by post, the relevant postal service must be selected when placing the order and the delivery address must be specified. Delivery of orders by post takes place in accordance with the terms and conditions established by the postal company.
  2. The goods are delivered by the postal company to the delivery address provided by the customer in the order and left in the letterbox, outside the door or similar. The specific methods of handover are determined by the postal company.
  3. For a customer who is a consumer, the goods are deemed delivered upon actual receipt of the item. For a legal person or sole proprietor (FIE), the goods are deemed delivered upon handover to the carrier. If the customer chooses a delivery method not offered by the seller, the goods are deemed delivered upon handover to that carrier. If the goods are not received due to circumstances attributable to the customer (incorrect or incomplete address, refusal to accept delivery, expiry of the parcel machine storage period), the goods are deemed delivered as of the first unsuccessful delivery attempt or the expiry of the storage period.
6. Delivery of goods to a parcel machine
  1. When goods are delivered to a parcel machine chosen by the customer (Omniva, SmartPost, etc.), a delivery fee according to the price list is added to the price of the goods.
  2. The seller delivers the goods to the parcel machine system no later than 7 banking days after the order has been confirmed.
  3. The postal company notifies the customer of the arrival of the goods at the parcel machine by SMS, which contains a unique code for opening the parcel machine door.
  4. The seller is not liable for damage incurred by the customer if, for reasons not attributable to the seller, third parties have obtained the unique parcel machine code and collected the goods using it.
  5. If the customer has not collected the goods from the parcel machine by the end of the storage period, the goods will be kept in storage by the online shop. The customer always has the right to claim the goods, subject to first reimbursing the costs associated with storage.
7. Failed delivery
  1. If the goods are not delivered on time due to circumstances attributable to the seller, the customer will be notified of this using the contact details provided in the order, and a new delivery time will be agreed at the same time. In such a case, the seller bears the delivery costs, provided that the delivery method and the delivery destination remain the same.
  2. If the goods remain undelivered due to circumstances attributable to the customer, the customer must reimburse the costs related to storage and redelivery.
    1. The storage fee is 0,25€ per day per kilogram of goods. When calculating the fee, amounts are only rounded up, to the nearest 1kg.
    2. Where the customer chose collection from a point of sale as the delivery method, storage of the goods is free for the first 14 days and chargeable thereafter.
8. Inspection of products and transfer of the risk of damage to or loss of the products
  1. Upon receiving the order, the customer is obliged to check that the products correspond to the invoice/delivery note. Non-conforming products (e.g. damaged/defective products, products not ordered, unsuitable substitute products, etc.) must be noted on the invoice/delivery note that remains with the courier, or the seller's customer service must be notified by e-mail.
  2. If, upon inspection of the products, it turns out that there are products among them that were not ordered, are defective or are in damaged packaging, the seller's customer service must be notified immediately. When receiving an order by courier, products with defects discovered upon receipt and products not ordered must be returned to the courier immediately.
  3. The risk of damage to or loss of the products passes upon delivery of the goods as set out in the courier and postal sections.
9. User manuals
  1. The manufacturer's user manual is included in the packaging together with the product.
  2. A digital copy of the manufacturer's user manual can be downloaded from the manufacturer's website.
  3. Estonian-language summaries of the manufacturer's user manual (Consumer Protection Act § 6(3)) are published in the relevant section of the seller's website.
  4. If the customer wishes to receive an Estonian-language summary of the user manual for the relevant product on paper or on a data carrier, they must submit a corresponding request when making the purchase.
    1. When purchasing at a point of sale, by making a corresponding statement to the seller.
    2. When purchasing from the online shop, by making a corresponding entry in the “Notes” field.

Personal data

PROCESSING OF PERSONAL DATA and DATA COOKIES
1. The seller processes the personal data entered by the customer in the online shop (incl. name, phone number, address, email address, telephone) primarily for fulfilling the order and delivering the goods to the customer in accordance with the seller's data protection terms.
2. The online shop uses cookies. A cookie is a small text file that the web browser automatically saves on the device used by the customer. Cookies are used to collect information about how the customer uses the online shop, with the aim of providing the customer with a better user experience. The online shop uses the following cookies:
  1. session cookies intended to enable the use of the online shop;
  2. persistent cookies intended to remember the customer's choices in the online shop;
  3. first- and/or third-party cookies intended to show the customer relevant advertising and offers;
  4. third-party analytics cookies intended to optimise marketing communications.
  5. The customer may delete and/or block cookies stored on their devices by changing the relevant settings of their web browser. If cookies are not used, the online shop may not function as intended and/or some functionalities may not be available to the customer.
  6. In addition to analytics cookies, the online shop uses pixels (pixel tags, web-beacons) to monitor the use of the seller's website optikwelt.ee. In doing so, no data enabling the identification of a person is processed.

Withdrawal

WITHDRAWAL FROM THE CONTRACT, RETURNS AND REFUNDS
1. A customer who is a consumer has the right to withdraw from the contract within 14 calendar days from the day on which they physically received the order. The notice of withdrawal must be submitted in an unambiguous and verifiable manner: by e-mail from the address specified in the order, using the online shop's withdrawal form, or at the point of sale upon presentation of an identity document and the order number. The notice must be submitted by the customer who placed the order or by a person authorised by them in writing. Legal persons and sole proprietors (FIE) do not have the 14-calendar-day right of withdrawal without giving any reason.
2. The notice of withdrawal and the products to be returned must be delivered to the online shop's point of sale either in person or by post/courier service. The costs related to the return of the products shall be borne by the customer who is a consumer. The cost of the return service (postal, courier or parcel machine fee for sending the goods back to the seller) shall not be reimbursed. The customer who is a consumer must return the products without undue delay, but no later than 14 calendar days after submitting the notice of withdrawal.
3. When exercising the right of withdrawal, the customer who is a consumer may examine the product only in the same manner and to the same extent as is normally permitted at a point of sale. Opening the packaging for examination is permitted. In this online shop, the original packaging is considered an essential part of the product. Destroying, removing or damaging the packaging beyond the extent necessary for examination in a shop may make it impossible to resell the product in the usual manner. In such a case, the diminution in value is significant and the seller is entitled to reduce the refund accordingly or to withhold the price of the product. We recommend returning the products all at once and in the original shipping packaging.
4. In accordance with the Law of Obligations Act, the right of withdrawal does not apply to products which by their nature cannot be returned, including:
  1. goods made to the customer's personal specifications or to order;
  2. products that are not suitable for return due to health protection or hygiene reasons;
  3. cosmetics and perfumes with opened packaging;
  4. chilled and frozen products and perishable products (i.e. marked “Use by …”);
  5. periodicals (newspapers, magazines, etc.);
  6. products which, by their nature, are inseparably mixed or combined with other items after delivery;
  7. sealed audio or video recordings or computer software, if the customer has unsealed them.
5. If the condition of the product to be returned has deteriorated, the customer is liable for any diminution in value resulting from the use of the product if they have used the product in a manner other than what is necessary to establish its nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the item, the customer must handle and use the product only in the way they would normally be permitted to do in a shop.
6. If a consumer customer has withdrawn from the contract, the cost of the products will be refunded after the returned products have reached the seller and their condition has been checked, without undue delay, but no later than 14 calendar days after the products arrive at the seller. No refund will be made before the products have been received back. The outbound delivery fee is reimbursed only if the entire shipment is returned.
7. The refund shall be made to the same payment method that was used to pay for the order. If payment was made via hire purchase or another credit service, the refund shall be made to the credit service provider or in the manner specified by them in accordance with the provider's terms and conditions; the seller shall not transfer the amount directly to the customer if this would result in a double payment or incorrect set-off of the credit balance. The relationship between the customer and the credit service provider, including termination of the credit agreement, is governed by the credit agreement.
8. If the product has been destroyed, significantly damaged or its value has diminished as a result of handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, the seller has the right to set off the diminished value or to suspend the refund in the disputed part until the circumstances have been clarified. The undisputed amount will be paid after inspection within the period specified in clause 6.6.
9. If the refund does not result from the consumer customer's withdrawal from the contract within the meaning of clause 6.1 (including the seller's refusal to fulfil the order, compensation for a missing or unsubstituted product, the price difference of a substitute product or failure to collect the order from a point of sale on time), the refund will be made within 22 working days. The refund method corresponds to clause 6.7.

Liability

LIABILITY / SUBMITTING CLAIMS
1. The parties shall perform the contract in good faith. The exercise of a right for the purpose of causing damage to the other party, rather than to perform the contract honestly, shall be deemed conduct in bad faith. A right exercised in bad faith may not be relied upon; the other party is entitled to take reasonable measures to prevent or compensate for the damage. Conduct in bad faith shall be proven by the party relying on it.
2. If the seller breaches its obligations, the customer has the right to demand performance of the obligation, to withhold performance of their own obligation, to claim compensation for damage, a reduction in price or, in the event of delay in performing a monetary obligation, late payment interest, or to withdraw from the contract.
3. The seller is liable for any lack of conformity of the purchased products that becomes apparent within 2 years of the products being handed over to the customer. When goods are sold to a consumer customer, any lack of conformity with the contract terms that becomes apparent within 12 months of the day the goods were handed over to the customer is presumed to have existed at the time of handover, unless such a presumption is incompatible with the nature of the goods or the defect. The customer undertakes to notify the seller of the lack of conformity of the products, i.e. to submit a complaint, no later than 2 months after discovering it. A voluntary sales warranty from the manufacturer or seller neither replaces nor extends the statutory right to submit a complaint referred to above, nor does it extend the seller's liability beyond what is provided by law, unless expressly stipulated otherwise in the warranty terms.
4. In the case of non-conforming products, a complaint may be submitted by email or at a point of sale. The complaint must state the customer's name and contact details, the date of the complaint, the defect found in the product and the substance of the claim, and a document proving the purchase must be attached. The seller will respond to a complaint submitted by the customer in writing or in a format that can be reproduced in writing, in the same form, within 15 days.
5. The seller is not liable for damage or any other consequences arising from incorrect data provided by the customer when fulfilling the order, including delays in delivery, if this is caused by circumstances beyond the seller's control.
6. The seller is not liable for damage resulting from the improper use of the ordered goods.
7. Disputes arising between the seller and the customer are resolved by the parties through negotiation. If no agreement is reached, a consumer customer has the right to turn to the Consumer Protection and Technical Regulatory Authority (www.ttja.ee) and the Consumer Disputes Committee for out-of-court resolution of the dispute. The European Union ODR platform for resolving complaints against online traders is available at https://ec.europa.eu/consumers/odr.