TERMS & CONDITIONS
1.These General Terms and Conditions of Sale govern the contractual relationship between the Seller and the Buyer arising from the conclusion of the Purchase Agreement between them and their rights and obligations arising therefrom. The provisions of the General Terms and Conditions of Sale are an integral part of the Purchase Agreement.
2.The General Terms and Conditions of Sale are the sole terms and conditions that apply to the Purchase Agreement. The application of any other terms and conditions to the Purchase Agreement is hereby excluded.
3.The provisions of the Purchase Agreement shall prevail in case of any discrepancies between the provisions of the General Terms and Conditions of Sale and the provisions of the Purchase Agreement.
4.If the Buyer is not the Consumer, these General Terms and Conditions of Sale (B2C) do not apply to any Purchase Agreements concluded between the Seller and the Buyer. Instead, the relevant General Terms and Conditions applicable for entrepreneurs (B2B) apply.
The following terms are hereby defined by the Parties:
1.General Terms and Conditions of Sale – these general terms and conditions of sale.
2.Seller – SARYA COUTURE MAKE UP OÜ, Estonian Business Registry Code 14254299, address Pärnu mnt 158/2-88, 11317, Tallinn, Republic of Estonia , which operates the E-shop.
3.Buyer – a consumer who intends to buy the Products from the Seller through the E-shop.
4.Parties – the Buyer and the Seller.
5.Consumer – a natural person who concludes a contract with the Seller outside his or her business, trade or profession.
6.Purchase Agreement – a purchase agreement concluded between the Seller and the Buyer.
7.Product – a product presented in the E-shop ordered by the Buyer from the Seller.
8.Offer – an offer to conclude a Purchase Agreement.
9.Order – an order placed by the Buyer through the ordering system of the E-shop.
10.Purchase Price – the price of the Products, including delivery fees and applicable taxes and fees.
11.E-shop – the E-shop operated by the Seller located at the following URL: www.saryacouturemakeup.com
III CONCLUSION OF THE PURCHASE AGREEMENT
1.The Seller's offer to deliver Products presented in the E-shop is not the Offer. The presentation of Products therein is just a call to make the Offer.
2.The Buyer's Order made via the E-shop's ordering system is the binding irrevocable Offer.
3.The Buyer takes the following steps when placing an order through the ordering system of the E-shop:
- • a) The Buyer selects Products by clicking on the "Add to cart" button.
- • b) The Buyer fills out an ordering form, where the Buyer fills in his or her delivery address, name and telephone number, information on the debit card and/or other relevant information.
- • c) By clicking on the "Review& Order" button, the Buyer is shown a summary of the Order which contains information on the Products (price, amount, total price), payment method, delivery method and fees relating to a delivery of Products and information filled in by the Buyer into the ordering form.
- • d) The Buyer sends the Order to the Seller by clicking on the "Pay" button. The Order sent through the ordering system is the Buyer's binding irrevocable Offer
- • e) The Buyer can check and change the data which he or she has filled in the ordering form before sending the Order through the ordering system by returning from the "Review & Order" interface to the “Customer Info” tab.
- • f) The Seller shall confirm receipt of the Order to the Buyer by e-mail.
4.The Purchase Agreement is concluded by the Seller's acceptance of the Buyer's Offer. The Seller shall accept the Buyer's Offer by accepting the Order by e-mail and by forwarding the relevant invoice to the Buyer. The Buyer hereby accepts that the invoice will be sent to him or her via e-mail.
5.Should the Seller change the Buyer's Order (in particular by offering to deliver different Products or increasing the Purchase Price of the Products), the Parties shall consider such a change as a new Offer made by the Seller to the Buyer and the Purchase Agreement shall be concluded by the Buyer's acceptance of the Seller's Offer, and in addition to the aforementioned manners of acceptance of the Order, the Buyer shall accept the Seller's Offer by acting in accordance with the Seller's respective offer, such as paying the Purchase Price of the Seller's Offer.
6.The Buyer shall assume ownership of the Products if the Buyer has paid the Purchase Price in full prior to the delivery of the Products by having the Products delivered to him or her.
7.The Buyer shall pay telecommunications costs (internet or telephone) related to the conclusion of the Purchase Agreement, whereas such costs shall not differ from the basic rates.
8.The Purchase Agreement is drawn up in English according to the Buyer's preference, whereas the Buyer confirms that he or she fully understands the chosen language and consents to the use of it.
9.The Seller shall retain the Purchase Agreement in electronic form for a maximum of 10 years from the day of delivery of the Products to the Buyer
10.The Seller is obliged to hand over a copy of the Purchase Agreement without undue delay after the conclusion thereof in the form of a delivery note.
IV PRICE AND PAYMENT TERMS
1.The Seller is a registered VAT payer. The prices of the Products shown in the E-shop are final, except, where applicable, bank charges, fees or commissions for a payment made from abroad. The "Purchase Price", if not defined otherwise, is the price of the Products including VAT.
2.The Buyer can pay the Purchase Price only by means of a credit or debit card. Other payment methods, including Payment in cash, are not accepted.
3.The Purchase Price is payable from the Seller's acceptance of the Buyer's Offer.
4.The Purchase Price is paid once the payment for the Purchase Price in full is credited to the Seller's Bank Account. If the Buyer does not pay the Purchase Price in full within 48 hours from the payment term of the Order, the Purchase Agreement becomes null and void.
5.The Seller shall deliver the Products along with a document that the Buyer can use for warranty purposes as proof that he or she purchased the Products from the Seller (delivery note).
1.The Products are delivered exclusively to countries listed in the “Delivery” section.
2.The Seller delivers Products to the address that the Buyer entered when he or she placed the Order in a maximum of 30 (thirty) days after the Purchase Agreement was concluded, provided that the Purchase Price is paid in full and credited to the Seller's Bank Account. The delivery shall be done via a provider of postal or delivery services, courier or other appropriate means as chosen by the Buyer upon placing the Order. The costs of delivery of the Products shall be borne by the Seller.
3.Should the Buyer not accept a delivery of Products, the Buyer is obliged to pay the costs of other attempted deliveries and/or a change of the delivery method if such is necessary to make further delivery attempts or to change the delivery method in order to deliver the Products to the Buyer.
VI WITHDRAWAL FROM THE PURCHASE AGREEMENT
1.The Buyer has the right to withdraw from the Purchase Agreement within 14 (fourteen) days following the day of the delivery of the Products to him or her or a third party chosen by the Buyer without stating any reason (for no cause). The Buyer can also withdraw from the Purchase Agreement in accordance with reasons stated in relevant binding legal acts, particularly if the Seller's breach of the Purchase Agreement is a breach of an essential term thereof.
2.The Buyer is not allowed to withdraw from the Purchase Agreement without stating any reason (for no cause) if the Seller delivered Products modified according to the Buyer's wish or the Buyer's person.
3.The Buyer shall exercise his or her right to withdraw from the Purchase Agreement in a clear and understandable declaration made in written form or by e-mail. The Buyer can use the form in Annex No. 1 - Return Form of these General Terms and Conditions of Sale, although he or she is not obliged to use it.
4.The Buyer is obliged to send his or her declaration of the withdrawal from the Purchase Agreement in written form to the Seller's address stated in Article X of these General Terms and Conditions of Sale or if the Buyer's declaration of the withdrawal from the Purchase Agreement is made in the form of an e-mail, the Buyer is obliged to send the declaration to the Seller's e-mail address firstname.lastname@example.org. The timeframe for the Buyer's withdrawal from the Purchase Agreement is preserved if the Buyer dispatches his or her declaration in the aforementioned ways within the aforementioned timeframe.
5.The Buyer shall dispatch Products to the Seller's delivery address (along with proof of payment) without undue delay, i.e. within 14 (fourteen) days at the latest after the Buyer announced his or her withdrawal from the Purchase Agreement to the Seller. The timeframe for the Buyer's withdrawal from the Purchase Agreement is preserved if the Buyer dispatches the Products to the Seller's delivery address. Products cannot be returned to the Seller by mail order.
6.In the case of the Buyer's withdrawal from the Purchase Agreement, the Buyer bears all the costs of Products' return.
7.In the case of the Buyer's withdrawal from the Purchase Agreement, the Seller shall return to the Buyer all funds, excluding delivery fees, which the Seller received from the Buyer in accordance with the Purchase Agreement without undue delay, i.e. within 14 (fourteen) days at the latest after the Buyer announced his or her withdrawal from the Purchase Agreement, by using the same payment method by which the Seller received the aforementioned funds. The Seller can return these funds to the Buyer by using a different payment method only with the Buyer's consent and only if the Buyer incurs no additional costs as a result.
8.If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to reimburse the Buyer in any way before the Products are returned to the Seller or the Buyer proves that the Products were dispatched to the Seller.
9.If the Buyer withdraws from the Purchase Agreement, the Buyer is obliged to return the Products to the Seller that are neither damaged nor worn out. The Buyer is responsible for any decrease of the Products' value which occurred due to handling of the Products in a manner different from that required to check the nature and properties of the Products, including assurance of their proper performance. The Seller is entitled to unilaterally set off his or her claim to damages against the Buyer's claim to reimbursement of funds charged by the Seller for the Purchase Price.
10.The Seller is entitled to withdraw from the Purchase Agreement for reasons stipulated by law.
VII LIABILITY FOR DEFECTS
1.The Parties' rights and obligations related to the Seller's liability for defective products are governed by applicable law.
2.The Seller is liable to the Buyer for ensuring that the Products are free of defects, in particular that at the time of delivery:
- • a) Products whose Purchase Price was intentionally decreased as a discount due to such defect of which the Buyer knew about upon placing the Order;
- • b) the Products are suitable for the purpose as described by the Seller and usually associated with such a product;
- • c) the Products are delivered in corresponding quantity; and
- • d) the Products comply with valid legal regulations.
3.The Seller is liable for defects in the Products that occur within 24 (twenty-four) months from the day of delivery of the Products.
4.The following cases are not covered by the Seller's liability for defects in Products as mentioned in Article VIII.3 of these General Terms and Conditions of Sale:
- • a)Products whose Purchase Price was intentionally decreased as a discount due to a defect;
- • b)ordinary wear and tear;
- • c)defects resulting from the nature of the Product.
5.The Buyer has the right to withdraw from the Purchase Agreement:
- • a)if the Products do not have the properties stated in Article VII.2 of these General Terms and Conditions of Sale and a delivery of new Products is not possible and such withdrawal is appropriate with regards to the nature of the defect, in particular if the defect can be repaired without undue delay;
- • b)if the Seller is unable to properly use the Products due to recurring defects after repairs or due to multiple defects in the case of remediable defects.
7.The Buyer has the right to have defects remedied free of charge if the Products do not have the properties stated in Article VII.2 of these General Terms and Conditions of Sale.
8.The Buyer has the right to an appropriate discount from the Purchase Price:
- • a)if the Buyer neither withdraws from the Purchase Agreement nor executes his or her right to exchange the defective Product for a new Product without any defects;
- • b)if the Seller is unable to deliver new Products without defects or exchange the Products' components or repair the Products; and if the Seller does not remedy the defect in a reasonable time or the remedy of a defect would cause considerable difficulties to the Buyer.
- • a)personal data needed for tax and bookkeeping purposes - 7 years from the end of the financial year when the relevant data was provided to the Seller;
- • b)personal data related to the Purchase Agreement – 10 years (in accordance with the maximum period for raising claims from transactions);
- • a)he purpose of processing the personal data;
- • b)the personal data and, if applicable, the categories of processed personal data, including any and all available information about their source;
- • c)the nature of automated processing related to its use for decision-making if acts or decisions are made on the basis of such processing and the content of these acts or decisions constitutes an interference with the rights and legitimate interests of data subjects;
- • d)the recipients and, if applicable, the categories of recipients. The Seller is entitled to claim appropriate payment from the Buyer to cover necessary costs for providing such information.
- • a)request an explanation from the Seller;
- • b)request the Seller to resolve the situation, particularly by blocking the Buyer's personal data and/or amending the data by either correcting, completing and/or deleting them. If the Buyer's above request is legitimate, the Seller or the data processor shall remedy the defective situation without undue delay
- a) Company Address: SARYA COUTURE MAKE UP OÜ, Pärnu mnt 158/2-88, 11317, Tallinn, Republic of Estonia
- b) e-mail: email@example.com
- c) Return Address – the address where the Buyer should send the orders back: Via Bolsena,9 20098 San Giuliano Milanese (MI),Italy Euromovit
9.If the Seller is liable for defects in the case of defective second-hand Products or defective Products sold at a decreased Purchase Price, the Buyer has the right to an appropriate discount from the Purchase Price instead of the right to exchange defective Products for new Products without defects
10.The Buyer is not entitled to the above-mentioned rights arising from defective Products if he or she was aware of the existence of the defect prior to the delivery of the defective Products or if he or she caused the defect.
VIII WARRANTY CLAIMS
1.The Buyer is obliged to notify the Seller about defective Products without undue delay, but no later than 2 (two) months after the Buyer should have detected the defects through a timely inspection and upon exercising adequate care.
2.The Buyer is obliged to inform the Seller about the right deriving from defective Products which he or she has selected to exercise when notifying the Seller or without undue delay after notifying the Seller. Once made, the Buyer cannot change the selection without the Seller's prior approval, except in cases where the Buyer requests repairs of a defect that is unrepairable.
3.The Buyer can exercise his or her rights arising from defective Products by sending a notification of Product defects along with the defective Products to the Seller's delivery address, as stated in Article X of these General Terms and Conditions of Sale. Products cannot be sent by mail order. The Buyer is obliged to prove that he or she purchased the defective Products from the Seller, particularly by enclosing proof of payment, which the Seller provided upon delivery of the Products.
4.The Buyer is entitled to compensation of costs purposefully incurred in the exercise of his or her rights arising from defective Products (in particular postage) only if the claim is legitimate. The Buyer is obliged to exercise his or her right for such compensation within 1 (one) month after the expiration of the period in which he or she is obliged to notify the Seller about Product defects.
5.The Seller sends written confirmation to the Buyer at his or her address mentioned in the notification of Product defects, including information about when the Buyer exercised his or her right arising from the defective Products, as well as the content of the claim, in which way the Buyer wishes to resolve the claim, and the timeframe for resolving it. The Seller will send confirmation in written form about repairs and the timeframe for the repairs or a refusal of claim.
6.The Seller either will deal with the claim immediately or, in complicated cases, within 3 (three) days from the day when the Seller receives notification of Product defects and defective Products from the Buyer. The time required for an expert examination of these Products does not count towards the above-mentioned timeframe.
7.Claims, including remedies of defects, will be resolved without undue delay and no later than 30 (thirty) days after the day on which the Seller received the notification about Product defects and defective Products from the Buyer, except for cases where the Parties agree on a longer timeframe. Claims are considered as resolved on the day when the Seller sent a refusal of a claim in written form to the Buyer.
IX PERSONAL DATA PROTECTION
1.The Seller is considered a data controller as regards the Buyer’s personal data and, as such, the Seller ensures that the Buyer's personal data is processed and protected in accordance with the Estonian Personal Data Protection Act.
2.By placing his or her Order, the Buyer consents to the processing of understands that his or her personal data, in particular: given name and surname, address, e-mail address and mobile phone number, will be processed for the purposes of executing the Purchase Agreement.
3.The Buyer shall state his or her correct and true personal data. In case of any change in the Buyer's personal data, the Buyer is obliged to inform the Seller about the change without undue delay, if the change in the Buyer's personal data could make the Seller unable to discharge his or her obligations resulting from the Purchase Agreement duly and on time.
4.The Seller can delegate the processing of the Buyer's personal data to data processors (such as persons charged with the delivery of Products to the Buyer as necessary for the execution of the Purchase Agreement). The Seller provides the Buyer's personal data to third parties only with the previous approval of the Buyer or when required by applicable law.
5.The Seller processes the Buyer's personal data in electronic or printed form.
6.The Seller only stores the Buyer’s personal data as long as necessary for the purposes of the personal data collected and as long as required by law (e.g. for tax purposes). In general, The Seller stores the Buyer’s personal data as follows:
7.SThe Buyer has all the rights of a data subject under the applicable law.
8.If the Buyer requests information about the processing of his or her personal data from the Seller, the Seller shall be obliged to provide it to the Buyer without undue delay. The information must contain notification of:
9. Should the Buyer discover or assume that the Seller or a data processor is unlawfully processing his or her personal data and that such processing constitutes a breach of the legal protection of the Buyer's private and personal life or is contrary to law, especially if his or her personal data are inaccurate with respect to the purpose of their processing, the Buyer can:
10. The Buyer is also entitled to submit a note and/or to lodge a complaint with the Estonian Data Protection Inspectorate or the court.
X SELLER'S CONTACT DETAILS
1. The Seller's contact details are as follows:
XI FINAL PROVISIONS
1.The Purchase Agreement and these General Terms and Conditions of Sale are made under, and shall be governed, interpreted and enforced in accordance with the laws of the Republic of Estonia, without regard to the conflict of laws principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Regardless of the foregoing, the Buyer also enjoys the protection of the mandatory provisions of law that are applicable in the Buyer's home country.
2.The Parties make their best efforts to solve any disputes amicably. Should it prove to be impossible to solve the dispute amicably within reasonable time, the Buyer may bring proceedings against the Seller either in the courts of the Republic of Estonia or in the courts of the country where the Buyer is domiciled; the Seller may bring proceedings against the Buyer in the courts of the country where the Buyer is domiciled.
3.If any provision of the Purchase Agreement agreed upon by the Seller or the Buyer and/or any provision of these General Terms and Conditions of Sale becomes or is determined to be invalid or unenforceable, then the invalidity or unenforceability of that provision does not affect the validity or enforceability of the remaining provisions of the Purchase Agreement and/or these General Terms and Conditions of Sale. In such a case, the Parties shall replace the invalid and/or unenforceable provision with a valid and/or enforceable provision that allows for the maximum attainment under the law of the very same effect and result as was intended by the replaced provision without undue delay.
4.Nothing in these General Terms and Conditions affects the Buyer’s rights as a Consumer to rely on mandatory provisions of applicable law.'
5.The Estonian Consumer Protection Board supervises compliance with the obligations according to the Estonian Consumer Protection Act. The Buyer can send a note or lodge a complaint therewith.
6. These General Terms and Conditions of Sale become effective on 1/3/2017.
7.The Seller hereby reserves the right to amend any version of these General Terms and Conditions of Sale at any time without prior notice by changing, completing or deleting any parts of their provisions. The Buyer should therefore read the General Terms and Conditions of Sale upon concluding each Purchase Agreement as the General Terms and Conditions of Sale may have changed as compared to when concluding the previous Purchase Agreement. The rights and obligations incurred prior to the above-mentioned amendment of these General Terms and Conditions of Sale remain unaffected by amendments of these General Terms and Conditions of Sale in any way.
Amendment No. 1 – Model form for a withdrawal from the Purchase Agreement
(Fill out this form and send it in printed form or by e-mail only if you want to withdraw from the Agreement).
Notification of withdrawal from the Agreement: SARYA COUTURE MAKE UP OÜ, Pärnu mnt 158/2-88, 11317 Tallinn, Republic of Estonia
I hereby declare that I am withdrawing from the Purchase Agreement under which I received Products – [specify], Order No. [fill in your Order number]. These Products were delivered to me on [fill in the date]. I am returning these Products and a proof of purchase along with this notification / I shall dispatch these Products along with a proof of purchase to you within 14 (fourteen) days following the day of your receipt of this notification.
Fill out your given name and surname, your delivery address and your e-mail address.
In [fill in the place of dispatch] on [fill in the date of dispatch]
[Fill in your signature if you are sending this form in written form]