Terms of sale:
1. General provisions
1.1 These e-shop conditions of Estfish OÜ (hereinafter the seller or Estfish OÜ e-shop) apply to all persons (hereinafter the buyer, consumer or client) who use the e-shop at www.estfish.ee, order goods from the e-shop, including by concluding a purchase and sale agreement for purchasing goods from the e-store (hereinafter sales agreement).
1.2 By accepting the terms, the buyer confirms that he has read the terms, agrees with them and complies with them. In the event of a conflict between the provisions contained in the Terms and Conditions and the Sales Agreement, the Sales Agreement shall prevail.
1.3 The seller stores the terms of the sales contract concluded with the buyer on a permanent data carrier. The seller sends the order confirmation and the terms of the sales contract to the e-mail address published by the buyer, which the buyer can save and reproduce.
2. Prices2.1 All prices presented in the Estfish OÜ e-store are VAT-free.
2.2 We can sell products to customers outside the European Union at a 0% VAT rate. The 0% VAT rate is reflected on the invoice we issue to the customer.
3. Formalizing the purchase
3.1 To complete the purchase, select the appropriate product and add it to the shopping cart by pressing the "ADD TO CART" button on the product page. You can then continue selecting other products by pressing the "CONTINUE SHOPPING" button or start completing the purchase in the shopping cart.
3.2 In the shopping cart, you can change the quantity of goods to be purchased and remove products.
3.3 If you are convinced that you do not want to add more products to the shopping cart and that the sizes, measurements and quantities of the selected goods are correct, you can start filling in the payment and delivery information.
3.4 Make sure that the payment and delivery data entered by you are correct, because the speedy and trouble-free delivery of the products purchased by you depends on the accuracy and correctness of this information.
3.5 After entering payment and delivery data, we will send you an invoice by e-mail.
3.6 The order is assembled and delivered only in case of 100% advance payment.
4. Delivery conditions
4.1 All ordered products will be shipped no later than 3 working days from the receipt of payment. However, if it turns out that this is not possible for some reason, we will notify you immediately by e-mail or phone. For certain goods, the delivery time also depends on the importer and is also indicated on the products.
4.3 The delivery time within Estonia is mostly between 1-3 working days, 2-14 working days when ordering abroad. The given delivery times are estimates, and we do not always guarantee delivery within the specified time period, as the final delivery time still depends on our transport partners.
5. Security and data protection
5.1 All personal data obtained in connection with visiting the Estfish OÜ e-store and making a purchase are treated as confidential information. We collect and use only the customer data that is necessary to fulfill the order and maintain customer relations. Estfish OÜ e-shop does not disclose its customers' data to third parties, unless it is necessary to fulfill the order or if required by law.
5.2 If desired, the customer has the right to request the deletion of his data from the e-store database.
6 Right of withdrawal
6.1 According to §56 of the Law of Obligations Act, the consumer has the right to withdraw from the contract concluded using a communication tool within 14 days without giving a reason.
6.2 The withdrawal period ends within 14 days.
6.3 In order to comply with the deadline for using the right of withdrawal, it is sufficient if you send the notification about using the right of withdrawal before the end of the withdrawal period.
You can send us an application to return the product in a free form by e-mail to email@example.com. Be sure to keep a copy of the application in a form that can be reproduced in writing (e.g. e-mail), because the consumer proves the withdrawal from the contract!
6.4 Please note that the consumer must return the goods to the seller no later than 14 days after making a statement of withdrawal!
6.5 The consumer may use the product to familiarize himself with it in a way that is necessary in the nature of the product, only in the way that he would normally be allowed to do so in a store (VÕS §56 (4)). Therefore, please return the product unused, with tags, correct and, if possible, in the original packaging!
6.6 If the product has been used longer/more than it is necessary to make sure of the nature, properties and functioning of the goods, the consumer does not lose the right of withdrawal, but is responsible for the decrease in the value of the goods! The decrease in the value of the goods can consist of cleaning and repair costs and, if the goods can no longer be sold as new, objectively justified losses that arise when the goods are returned to the trader as used goods.
6.7 The costs related to the return of the goods are covered by the consumer!
6.8 We will return the amount paid for the product, together with delivery costs (excluding additional costs resulting from the delivery method you have chosen), without delay, but no later than 14 working days after the day on which we learn of your decision to withdraw from the contract in question. We will make said refund using the same payment method that you used to make the payment, unless you have expressly agreed to use a different payment method; in any case, you will not be charged a service fee or any other cost for such a return of payments. The Estfish OÜ e-shop reserves the right to refuse a refund until we have returned the item that is the subject of the contract or until you have provided evidence that you have returned the item, depending on which occurs first.
7. Claims and dispute resolution terms
7.1 According to §218, subsection 2 of the Law of Obligations Act, the seller is responsible for the non-compliance of the goods with the contract conditions, which appears within 2 years from the handing over of the goods to the buyer. In that case, it is assumed that the non-compliance with the contract conditions that appeared within 6 months from the day of handing over the goods to the buyer was already present at the time of handing over the goods, if such an assumption does not exactly contradict the nature of the goods or the defect.
7.2 In the case of goods with defects, the consumer has the right to submit claims to the Estfish OÜ e-shop within 2 years from the day of delivery of the goods. The claim must be submitted immediately, but no later than within 2 months from the discovery of the defect in the goods! Upon discovering a defect, the consumer must take reasonable measures to preserve and protect the goods, including not using the defective goods if the use of the goods further deteriorates the condition of the goods.
7.3 If the goods do not meet the contract conditions, the buyer may demand the seller to repair or replace the goods, if this is possible and does not cause the seller unreasonable costs or unjustified inconvenience compared to the use of other legal remedies, taking into account, among other things, the value of the item, the importance of the non-conformity with the contract conditions, and the buyer's ability to obtain a product that meets the contract conditions matter without significant inconvenience elsewhere. Instead of repairing, the seller can replace the product with a product that meets the contract conditions. (§222(1) of the Civil Code). In the event that product repair or replacement is not possible, the consumer also has the right to withdraw from the contract and demand a refund. 7.4 In the event of a claim being submitted, within the first 6 months from the delivery of the item to the seller, the costs related to processing the claim, repairing or replacing the item, especially transportation, postage, labor, travel and material costs, will always be borne by the seller (VÕS §222 (4)). During the next 1.5 years, the seller will bear the corresponding costs only if the claim was justified.
7.5 Estfish OÜ e-pood is not responsible if the product is damaged due to the buyer's fault or negligence; for defects that have arisen as a result of non-intended use of the product and for natural physical wear and tear of the product during normal use.
7.6 If the seller and the consumer cannot reach an agreement, the consumer has the right to contact the competent supervisory authority, which in Estonia is the Riiklik Tarbijakaitseamet at Pronksi 12, Tallinn 10117, e-mail: firstname.lastname@example.org. The Consumer Disputes Committee is competent to resolve disputes based on the contract concluded between the consumer and the entrepreneur, which the parties could not resolve by agreement, and if the value of the disputed goods or services is 30 or more euros. The consumer can also use ODR (Online Dispute Resolution), which is accessible here https://ec.europa.eu/consumers/odr, to resolve disputes.
7.7 To submit a claim, send a relevant application to the e-shop of Estfish OÜ to the e-mail address email@example.com, where you must indicate the following information:
Your name and phone number
Date of appeal
Explanation of the product defect
Submitted claim (exchange for a new product, money back, etc.)
If possible, attach pictures of the defect to the application
7.8 Your complaint will be answered as soon as possible, but no later than within 15 days.