Categories
Home » Terms of sale

Terms of sale

Terms of sale

1. General provisions

1) These terms of sale govern the purchase of goods from the online shop 4kappa.ee. The parties to the sales contract are 4 Käppa Kaubandus OÜ (registry code 14297357, hereinafter the Online Shop) and the buyer (hereinafter the Consumer). The Online Shop’s address is Tallinna tn 88, Auriga Keskus, Kuressaare, Estonia, e-mail info@4kappa.ee, phone +372 5664 8284 (shop) or +372 5249 356.
2) In addition to these terms, legal relationships arising from purchases in the Online Shop are governed by the Law of Obligations Act (hereinafter LOA), the Consumer Protection Act and other legal acts in force in the Republic of Estonia.
3) The Online Shop may amend these terms of sale. Amendments are published on the website 4kappa.ee. An order is subject to the terms in force at the time the order was placed.

2. Prices

1) All prices in the Online Shop are in euros and include 24% VAT.
2) Prices are valid from the moment the order is placed until the payment deadline of the order (1 day after the order is placed).
3) If an order was placed before a price change, the prices valid at the time the order was placed apply.
4) The Online Shop may change its sales prices. Changes are published on the website 4kappa.ee.

3. Placing an order

1) Add the products you want to the shopping cart.
2) To place the order, click the “Order and pay” button in the shopping cart.
3) On the order page, fill in the required fields and choose a suitable delivery method.
4) Accept the terms of sale and click “Order and pay”. An invoice is then displayed, which you can pay by bank link (Swedbank, SEB, LHV, etc.), card payment or another payment method offered by Maksekeskus AS.
5) Please fill in the fields carefully, as fast delivery of your order and the resolution of any questions depend on the accuracy of the data provided.
6) Orders in the Online Shop are processed Mon–Fri 10:00–19:00 and Sat–Sun 10:00–18:00.

4. Entry into force of the sales contract

1) Under the sales contract, the Online Shop undertakes to deliver the goods to the Consumer and to enable the transfer of ownership, and the Consumer undertakes to pay the amount shown on the invoice and to accept the goods.
2) Orders that have not been paid for are cancelled 1 day after the order was placed.
3) The sales contract enters into force when the Consumer’s payment has been received in the Online Shop’s bank account.

5. Delivery

1) After the sales contract enters into force, the Online Shop packs the order and hands it over to a logistics partner. Deliveries are arranged through Montonio. The available delivery methods (parcel lockers and courier services) and their prices are listed on the delivery terms page and shown in the shopping cart before the order is confirmed.
2) The delivery time is counted from the moment the payment is received in the Online Shop’s bank account. The usual delivery time within Estonia is 1 to 2 working days to a parcel locker and 1 to 3 working days by courier. We currently deliver goods within Estonia only.
3) To avoid delivery delays, correct and valid delivery details must be provided when placing the order.
4) The Online Shop is responsible to the Consumer for performing the obligation to deliver the goods. Handing the goods over to a logistics partner does not in itself release the Online Shop from liability. If the delivery time is extended, we will notify the Consumer without delay. In case of force majeure, clause 8 applies.

6. Right of withdrawal and returns

1) The Consumer has the right to withdraw from the contract without giving any reason within 14 days of receiving the goods. To withdraw, the Consumer may use the model withdrawal form or submit any other unequivocal statement, for example by e-mail to info@4kappa.ee or by post to Tallinna tn 88, Auriga Keskus, Kuressaare, Estonia. Please state the order number or other details that allow the purchase to be identified, and the products being returned. The withdrawal period is met if the statement is sent before the period expires.
2) The Consumer must return the goods without undue delay and no later than 14 days after submitting the withdrawal statement, by sending or bringing them to Tallinna tn 88, Auriga Keskus, Kuressaare, Estonia. The deadline is met if the Consumer sends the goods before the period expires.
3) The Consumer may handle and inspect the goods as would normally be done in a shop. If the value of the goods has decreased as a result of other use, the Consumer is liable for the diminished value.
4) Under § 53 (4) of the LOA, the right of withdrawal does not apply, among others, to the following goods:
a) goods that deteriorate or expire rapidly;
b) sealed goods that are not suitable for return due to health protection or hygiene reasons and that were unsealed after delivery;
c) goods made to the Consumer’s specifications or clearly personalised (e.g. engraved name tags);
d) goods that, after delivery, have become inseparably mixed with other items.
5) The direct costs of returning the goods are borne by the Consumer, unless the goods are defective or the wrong goods were sent.
6) The Online Shop refunds all payments received from the Consumer under the contract, including the cost of the initial delivery, without undue delay and no later than 14 days after receiving the withdrawal statement. If the Consumer chose a more expensive delivery method than the cheapest standard delivery offered by the Online Shop, the Online Shop does not have to refund the part exceeding the cost of standard delivery. The Online Shop may withhold the refund until it has received the goods back or the Consumer has provided proof of having sent them back, whichever is earlier. The Online Shop does not withhold the refund if it has agreed to collect the goods itself.
7) The refund is made using the same means of payment that the Consumer used for the purchase, unless the Consumer has expressly agreed otherwise. The Consumer will not incur any fees or other costs as a result of the refund.

7. Payment methods

1) In the Online Shop you can pay by bank link, card payment and other payment methods offered by Maksekeskus AS.
2) Payments are processed by Maksekeskus AS. The personal data needed to make a payment are transferred to Maksekeskus AS, a certified provider of secure payment solutions.
3) Bank link and card payments use an encrypted connection.

8. Force majeure

1) The Online Shop’s liability for a breach of obligation caused by force majeure is assessed in accordance with § 103 of the LOA. Force majeure does not exclude the Consumer’s right to use, under the conditions provided by law, legal remedies that do not depend on liability, including withdrawal from the contract.

9. Processing of personal data

1) The Online Shop processes the Consumer’s personal data (name, phone, e-mail, delivery address) to fulfil the order and deliver the goods, and transfers the necessary data to the logistics partner and the payment service provider.
2) Direct marketing messages are sent only with the Consumer’s separate consent. Consent can be withdrawn at any time.
3) Payments use encrypted data exchange with the bank; the Online Shop has no access to the Consumer’s online banking credentials.
4) The controller of personal data is 4 Käppa Kaubandus OÜ. The personal data required for payments are transferred to the relevant payment service provider or bank depending on the chosen payment method. More information is available in the privacy policy.

10. Complaints

1) The Online Shop is liable for any lack of conformity of the goods with the contract that becomes apparent within two years of delivery of the goods.
2) If a defect appears, please notify us within two months of discovering it and attach a copy of the proof of purchase or refer to the purchase details, for example the invoice or the order number.
3) Please stop using defective goods.
4) The Consumer has the right to demand free repair or replacement of defective goods. The feasibility of the chosen remedy and the proportionality of costs are assessed in accordance with § 222 of the LOA. Repair or replacement is carried out within a reasonable time and without significant inconvenience to the Consumer. The Online Shop bears the necessary costs of repair or replacement, including transport, postage, labour and material costs.
5) The Online Shop is not liable for defects caused by improper storage or misuse of the goods.
6) Complaints can be sent by e-mail to info@4kappa.ee or submitted in any other way. In a written complaint, please state the Consumer’s name and contact details, the date of the complaint and of the purchase, a description of the defect and the requested solution. To identify the purchase, please add the order number or other proof of purchase.
7) The Online Shop confirms receipt of a complaint submitted in writing or in a format that can be reproduced in writing, and replies in the same format as soon as possible, but no later than 14 days after receiving it. The reply states whether the claim is accepted or what solution is offered; any full or partial refusal is justified. If the complaint cannot be resolved within this period, the reason for the delay and a new reasonable deadline are communicated in the same format.
8) The Consumer has the right to demand a price reduction or to withdraw from the contract in the cases provided in §§ 223 and 224 of the LOA, including if repair or replacement is not possible, the Online Shop refuses to bring the goods into conformity, the defect appears despite an attempt at repair or replacement, or the defect is so serious that it justifies immediate withdrawal. The same applies if the Online Shop does not remedy the defect within a reasonable time and without significant inconvenience to the Consumer, or it is clear that it will not do so. Withdrawal from the contract requires a material defect; in consumer sales, the defect is presumed to be material.

11. Dispute resolution

1) If the Online Shop has not resolved the Consumer’s complaint or the Consumer does not agree with the proposed solution, the Consumer may turn to the Consumer Disputes Committee operating at the Consumer Protection and Technical Regulatory Authority (TTJA) or to a court. A consumer from another European Union member state may also turn to the European Consumer Centre for assistance. Contact details of the Consumer Disputes Committee and information on submitting an application are available at https://www.ttja.ee/tarbijavaidluste-komisjon and a description of the procedure at https://www.ttja.ee/avalduse-menetlemine. The Committee’s phone number is +372 620 1707 and its address is Endla 10A, 10122 Tallinn, Estonia.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: 4 Käppa Kaubandus OÜ, Tallinna tn 88, Auriga Keskus, Kuressaare, Estonia, info@4kappa.ee

I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods:
______________________________

Ordered on / received on*: __________
Order number: __________
Name of consumer(s): __________
Address of consumer(s): __________
Signature of consumer(s) (only if this form is submitted on paper): __________
Date: __________

* Delete as appropriate.