Terms of sale
Valid from 01.04.2022
- GENERAL SETTINGS
1.1. These terms and conditions of sale of Bambona AS e-store (hereinafter: e-store) (hereinafter: Terms and Conditions) are valid when purchasing from the e-store from the Internet address www.bambona.ee. The Seller of the Products is Bambona AS (hereinafter: the Seller), address Peterburi tee 88A, Tallinn, registry code 10399486, phone 6055666, e-mail address myyk@bambona.com. The Terms and Conditions regulate the legal relations that arise between the Seller and the buyer of the products in the e-store (hereinafter: the Buyer). The Seller and the Buyer are hereinafter also referred to together as the Parties or separately as the Party.
1.2. When purchasing products from the e-store, the Parties shall proceed from the Terms and Conditions and the legislation in force in the Republic of Estonia;
1.3. The Terms and Conditions establish the rights and obligations of the Buyer and the Seller when purchasing products from the e-store, the conditions and procedure for the purchase and sale of products, payment, delivery and return, and other provisions. When making a purchase, the Buyer agrees to the provisions of the Terms.
1.4. The Seller has the right to change, supplement and correct the Terms at any time by giving the Buyer reasonable notice. Until the new Terms come into force, the existing Terms will apply. The Terms and Conditions in force at the time of purchase shall apply to the transaction concluded between the Seller and the Buyer.
1.5. The valid Terms and Conditions are available at www.bambona.ee/kuidas-tellida/myygitingimused.
1.6. The contact details of the e-store customer service are:
E-mail: myyk@bambona.com
Tel + 372 60 55 994/666.
- OBJECT OF THE CONTRACT AND PRICE OF GOODS
2.1. The pictures next to the product descriptions are illustrative.
2.2. The prices of the products are indicated in euros and include VAT.
2.3. The prices indicated at the time of purchase in the e-shop are valid for the products, which is the final price for each product.
2.4. The Seller has the right to determine the minimum and maximum quantity of the product that the Buyer can buy with one order.
2.5. The Buyer understands that when selling weighed products (unpackaged products), the final price of the products may change due to some fluctuations in the quantity of the products requested by the Buyer.
2.6. If the product ordered by the Buyer is not available in the quantity requested by the Buyer, the Seller has the right to replace the product with an equivalent product (hereinafter: replacement product) by notifying the Buyer on the invoice indicated in clause 3.3 of the Conditions. A replacement product is a product that is identical in nature to the product ordered by the Buyer, but may (but does not have to) differ, eg the country of origin, class, etc. of the product. A lower class product is not considered a substitute product. If the price of the replacement product exceeds the price of the original product, the Buyer will be notified and given the opportunity to cancel the replacement product if desired. The Seller is not liable to the Buyer for any damage caused by the fact that the goods marked in the e-shop may not be available at any time.
- PLACING AN ORDER
3.1. Orders can be submitted to the environment by logging in to the environment or not registered as a Buyer. The history of orders can be seen by the Buyer who has logged in to the environment.
3.2. To place an order, add the appropriate products to the shopping cart and click the “Checkout” button. Then the Buyer must determine the method of delivery and payment and click the “place an order” button, after which the sales contract between the Buyer and the Seller (hereinafter: the Contract) is considered concluded. The Seller will send the order confirmation to the Buyer by automatic e-mail.
3.3. The Seller will start fulfilling the order in the manner specified by the Buyer in the order, if the Buyer has submitted the order in the e-shop. After completing the order, an invoice will be sent to the Buyer by e-mail. Before payment, the Buyer checks that the products, quantities and prices reflected in the order correspond to the Buyer’s actual wishes. If there are errors in the invoice (unwanted products, quantities, etc.), the customer service must be contacted immediately by e-mail or telephone specified in clause 1.7 of the Conditions.
3.4. The Buyer pays for the entire order using the payment methods offered by the Seller.
- DELIVERY OF GOODS – ACCEPTANCE – TRANSPORT
4.1. The Buyer can pick up the ordered products at the time indicated by the Seller or the products will be sent to the address indicated by the Buyer by courier (courier service in Tallinn and Tartu and its vicinity). The products of the e-store are issued from the warehouse in Tallinn or Tartu, the addresses of which are available on the Seller’s website www.bambona.ee.
4.2. In Tallinn and Tartu warehouses, products are delivered at times when the warehouse is open or on the basis of a prior agreement between the Seller and the Buyer. The opening hours of both warehouses can be found on the website under Contacts. If you pick up yourself, the transport fee will not be added to the price of the products.
4.3. The Products will be received by the Buyer upon presentation of the order number and provided that the Products have been paid for in full, unless the Parties have agreed otherwise.
4.4. The Seller shall not be liable for any damage caused to the Buyer if, for reasons beyond the Seller’s control, third parties have obtained a unique order number and the products have been received on the basis thereof.
4.5. The seller will store the ordered products, the pick-up method of which is picked up, for up to two days following the order. If the Buyer does not pick up the goods within the aforementioned time, the Agreement is considered terminated and a new order must be submitted to order products from the e-store. At the end of the contract, the costs related to the assembly of products, storage, etc. are deducted from the cost of the order. If the ordered products are damaged during storage, the value of the damaged products at the end of the Agreement (based on the price of the product indicated in the e-shop) will also be deducted from the order cost. The Seller shall return the cost of the remaining order made on the basis of the Agreement to the Buyer in accordance with clause 5.9 of the Conditions.
4.6. In order to receive the products by courier, the delivery address must be specified when placing the order. The exact time of delivery of the products will be agreed in advance between the courier and the Buyer by telephone.
4.7. Upon receipt of the products by courier in Tallinn or Tartu, a delivery fee of 7,20 euros (including VAT) will be added. Outside Tallinn or Tartu, a transport fee will be added according to the agreement. If the total cost of the order is at least 42 euros (including VAT), no delivery fee will be added to the cost of the order in Tallinn or Tartu.
4.8. The buyer must ensure that the products are received from the courier at the agreed time and address. If the Buyer does not answer the phone and / or does not guarantee the receipt of the products upon the courier’s arrival at the Buyer’s location for the first time or it becomes impossible to deliver the products at the agreed time due to another circumstance due to the Buyer, the Agreement shall be deemed terminated. At the end of the contract, the costs related to the assembly of products, etc. and the delivery fee are deducted from the cost of the order. If the ordered products are damaged during transport, the value of the damaged products at the end of the Contract (based on the product price indicated in the e-shop) will also be deducted from the order cost. The Seller shall return the cost of the remaining order made on the basis of the Agreement to the Buyer in accordance with clause 5.9 of the Conditions.
4.9. If the products are not delivered on time due to circumstances arising from the Seller, the Buyer will be notified using the contact information provided in the order, while agreeing on a new delivery time. If no agreement is reached in the new time, the Buyer has the right to cancel the order and the Seller will return the cost of the order to the Buyer in accordance with clause 5.9 of the Conditions. Considering that the Seller gives the Buyer the opportunity to agree on a new time suitable for delivery, the Buyer has no right to claim damages from the Seller related to non-performance of the order.
4.10. Upon receipt of the products, the Buyer is obliged to immediately check the conformity of the products to the invoice. If upon receipt of the products it turns out that the products include non-compliant products (uninvoiced, defective, broken packaging, etc.), including unsuitable replacement products, the Seller’s customer service must be notified immediately in the case of perishable goods within a maximum of three hours of receipt. 1.7 directly to the courier for delivery using the contact details indicated or by courier. In the event of unreasonable delay in notification, ie taking into account the unreasonableness of the products in assessing the unreasonableness, the Buyer loses the right to rely on the non-conformity of the products.
4.11. Products that do not comply with the terms of the contract will be returned to the Seller or the Seller’s courier and the corresponding entries will be made on the invoice remaining with the Seller. The cost of the returned products that do not comply with the terms of the contract (based on the price of the product indicated on the invoice) shall be returned by the Seller to the Buyer in accordance with clause 5.9.
- WITHDRAWAL FROM THE AGREEMENT
5.1. 4 of the Law of Obligations Act (hereinafter: the Law of Obligations Act). section (§§ 52-62) does not apply to contracts which have not been concluded with the consumer.
5.2. Pursuant to § 53 (2) 9) of the LPA, LAG 4 does not apply. Division (§§ 52-62) to contracts entered into in respect of foodstuffs, beverages or other things intended for everyday consumption which are handed over in the course of frequent and regular tours of the place of residence, establishment or place of work of the consumer. Thus, for contracts in which the consumer has chosen a courier for delivery, VÕS 4. section does not apply.
5.3. Pursuant to clauses 53 (4) 4) and 41) of the LPA, the 14-day right of withdrawal provided for in § 56 (1) of the LPA does not apply, inter alia:
5.3.1. for a product that deteriorates or ages rapidly (chilled and frozen products in the Seller’s assortment and perishable goods such as fruits and vegetables, berries, etc.);
5.3.2. on delivery of a sealed product which is not suitable for return for health or hygiene reasons and which has been opened after delivery.
5.4. The consumer buyer has the right to withdraw from the contract concluded by means of communication pursuant to § 56 (1) of the LPA without giving a reason within 14 days of receiving the products, unless there are exceptions provided by law – eg the consumer has ordered the goods have caught up with such goods themselves (for exceptions, see clauses 5.2 and 5.3 of the Conditions). In order to withdraw, the Buyer shall submit a unilaterally signed withdrawal application from the consumer (the form referred to is not obligatory). The Buyer can submit the withdrawal application from the consumer by sending it to the Seller’s e-mail address myyk@bambona.com or submit it in the Tallinn or Tartu warehouse. If the Seller has received a proper withdrawal application, the Seller shall notify the Buyer of this consumer and the consumer shall be deemed to have withdrawn from the contract. In order to comply with the term for exercising the right of withdrawal, it is sufficient for the Buyer to send the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.5. Pursuant to § 56 (1) of the LPA, in the event of withdrawal from the Contract, the Buyer shall immediately hand over to the Seller the products ordered on the basis of the Contract (products concerning withdrawal in the event of partial withdrawal). The costs related to the return of the product shall be borne by the Buyer.
5.6. Returned products referred to in clause 5.5 of the conditions must not be damaged, damaged or used and must be in their original product packaging. In order to ascertain the nature and characteristics of the thing, the consumer Buyer must handle the product only as he would normally be allowed to do in a shop. The product packaging must be opened carefully without damaging it. Otherwise, the Seller has the right to demand damages from the consumer for the decrease in the value of the product.
5.7. The Seller shall return from the consumer to the Buyer the cost of the returned products specified in clause 5.5 of the Conditions (based on the price of the product indicated in the e-shop) in accordance with clause 5.9 of the Conditions.
5.8. In the event of a product that does not comply with the terms of the contract, the Buyer has the right to use all legal remedies arising from the law, including withdrawing from the contract, lowering the price, etc.
5.9. Refunds made by the Seller in accordance with these terms and conditions will be made within 14 working days from the date of delivery specified in the order. Refunds will be made to the Buyer’s current account from which the order was paid. The Seller may refuse to make refunds until the returned products have been returned or until the Buyer has provided proof that he has returned the item, whichever is earlier.
- PRODUCT QUALITY
6.1. The seller guarantees that the products meet the applicable quality requirements.
6.2. Complaints regarding the quality of the products must be submitted by the Buyer to the Seller immediately (in the case of perishable goods no later than within 3 hours after receipt of the products), provided that the non-conformity of quality is not caused by the Buyer.
6.3. The Seller shall not be liable for the non-compliance of the product with the terms of the contract if the Buyer knew or should have known of the non-compliance of the product with the terms of the contract upon concluding the Contract.
6.4. The Seller shall not be liable for any non-compliance of the product with the terms of the contract resulting from the Buyer’s actions and / or omissions, including as a result of improper use of the product (eg non-compliance with the recommended storage conditions of the product).
6.5. Complaints regarding non-compliance of the product with the terms of the contract should be sent to the Seller’s e-mail myyk@bambona.com.
6.6. If the Buyer does not agree with the resolution of the Seller’s complaint, the Buyer has the right to apply to the Consumer Protection Board and the Consumer Complaints Committee formed by it. Contacting the Consumer Protection Board and the Consumer Complaints Commission is free of charge. The Consumer Complaints Board shall settle disputes arising from a contract concluded between a consumer and a trader which the parties have not been able to settle by agreement and where the value of the goods in dispute is EUR 20 or more.
- RESPONSIBILITY
7.1. The Seller and the Buyer shall be liable to each other for the damage caused to the other party by the breach of the Terms or the Agreement in the cases and to the extent provided by the legislation in force in the Republic of Estonia.
7.2. The buyer is responsible for the accuracy of the information provided. If the Buyer submits false information, the Seller shall not be liable for the consequences thereof, and the Seller shall also have the right to demand compensation for damage from the Buyer.
7.3. The buyer is responsible for the secure use of the username and password required to log in to the e-shop and refrains from distributing it. If the Buyer suspects that his login details have come into the possession of a third party, the Buyer undertakes to change his password immediately. The Buyer understands that the Seller is not liable for any damage that may occur to the Buyer from the use of login data in the possession of third parties.
7.4. The Seller shall not be liable for damages caused to the Buyer or for the delay in the delivery of the products if the damage or the delay in the delivery of the products is due to circumstances beyond the Seller’s control or foreseeable (Force majeure).
7.5. Force majeure The Parties shall mean the following: military operations, blockade, restrictions imposed by the Government which prevent or make it impossible to fulfill the obligations arising from the Agreement or the Conditions. If the partial or total non-performance or delay of the obligations under the Contract or the Conditions is due to force majeure, the term for performance of the obligations shall be deemed to be extended, but not longer than the duration of the impediment. If the respective effect lasts for more than 3 months, the parties have the right to terminate the Agreement.
- PROCESSING OF PURCHASER ‘S PERSONAL DATA
8.1. When ordering products from the e-store, the Buyer consents to the transfer of his non-sensitive personal data
8.2. The chief processor of personal data is Bambona AS, address Peterburi tee 88A, Tallinn, registry code 10399486, phone 6055666, e-mail address tallinn@bambona.com.
8.3. The chief processor of personal data processes the personal data of the Buyer in accordance with the Personal Data Protection Act and other applicable laws in order to fulfill the orders submitted by the Buyer via the e-store.
8.4. The Buyer has all the rights arising from the Personal Data Protection Act in connection with the processing of his or her personal data. All applications related to the processing of personal data must be submitted to the address tallinn@bambona.com .