The contract for use of the online store
Sweets House OÜ (hereinafter – the Service Provider) and the customer placing an order in the online store Martsipan.ee and identifying himself/herself by submitting his/her personal details in the order (hereinafter – the Service User) have concluded this contract for use of the online store (hereinafter – the Contract) as follows:
Martsipan.ee (hereinafter – the Online Store) is an online store established by the Service Provider and used to sell goods to the Service User.
Martsipan.ee is the domain registered in the name of the Service Provider.
In regulating their mutual relations the Parties to this Contract shall be based on provisions of this Contract and legal acts of the Republic of Estonia.
The Service Provider has the right to introduce changes to the services offered by the Online Store at any time.
The Service Provider has the right to unilaterally change conditions of the Contract without having to inform the Service User by email. The Service User confirms that he/she is at least 18 years of age, that he/she possesses active legal capacity and that his/her active legal capacity is not restricted.
All the prices in the Online Store are indicated in euros and include 20% VAT.
The Service Provider has the right to change the prices indicated in the Online Store at any time. Where the prices in the Online Store are changed after the Service User submits his/her order, the Service Provider shall deliver the ordered goods to the Service User at the prices valid at the time of placing the respective order.
The Service User has not right to demand compensation with regard to any price differences.
All the goods in stock are delivered. If the goods are not in stock and it is apparent that the actual term of delivery shall exceed the one indicated in this Contract or it is impossible to fulfill the order, an employee of the Online Store shall contact the Service User and offer another possible term of delivery, replacement of the ordered goods with other goods of similar value or refund of the money paid for the goods in question. The money shall be refunded to the Service User without delay but in any case no later than within 14 days after the order has been submitted.
The displayed pictures of the goods are of illustrative nature and may differ from actual goods. Descriptions of the goods available in the Online Store may not be comprehensive and may contain involuntary errors.
Information on the goods is regularly controlled and amended. The information may change since your last visit.
The Service User selects the desired goods and shall indicate the details necessary for fulfilling the order (name, surname, address, country, county, city, post code, email address, delivery method) as well as pay for the goods on the basis of respective invoice.
When submitting the order the Service User shall provide the accurate details required for fulfilling the order. The Service Provider shall not be responsible for failure to fulfill the order or for any other consequences caused by the inaccurate details submitted by the Service User when placing the order. The Service Provider conducts sales through the Online Store after the order is placed and paid for by the Service User. After placing the order the respective confirmation is sent to the Service User’s email address. This Contract is considered to be concluded & the goods are issued in the shop in Tallinn (40 Pikk Street, Tallinn, Estonia) or sent with a courier (according to the preference of the Service User) only after the payment is visible in payment provider account or reaches the bank account of Sweets House OÜ.
After the Contract comes into force all the ordered goods shall be delivered to the Service User according to the contact details indicated when placing the order, or the Service User picks the goods up in the store of Sweets House OÜ (40 Pikk Street, Tallinn, Estonia). Please check accuracy of the indicated address and other contact details.
The goods are delivered to the Service User within Estonia, Latvia and Lithuania through Omniva Parcel Machine, via Omniva Postal Office or using Omniva Courier delivery. Delivery to other countries in Europe outside the Baltic states is carried out by DPD courier or international postal service. International shipping outside the EU is carried out via international postal service.
Delivery times depending on shipping zone:
Estonia: 3-5 business days.
Latvia & Lithuania: 4-7 business days.
Europe: 5-15 business days.
World: 10-40 business days.
After the goods offered by the Service User are issued to the courier company, such company shall contact the Service User in order to agree on the time of delivery.
Please, control the accuracy of provided contact details in order to avoid delivery delays and other mistakes. The Service Provider and the courier company shall not be responsible for delays in delivery or any mistakes where such delays or mistakes are caused by inaccuracies or errors in the details provided by the Service User when submitting the order.
The goods shall be delivered to the Service User with the respective consignment note attached. Please inform us about the damaged package by firstname.lastname@example.org, having added the description and having indicated how and when the defect in question was discovered as well as having attached a picture of damaged package and damaged goods (where the goods were damaged as the result of the damaged package) within one (1) calendar day after receipt of the goods.
Where the Service User wishes to repudiate the Contract after submitting the order and before the Service Provider performs the Contract, the Service User shall as soon as possible accordingly inform the Service Provider in writing. The respective written notification shall be sent to email address email@example.com. The email shall indicate the order number (“Purchase number….”) and the day of submission of the order along with contact details of the Service User (name, surname, phone number, email address). The Service Provider shall transfer the paid sum to the Service User without delay but no later than within 14 days after receipt of the notification on repudiation of the Contract.
The money shall be transferred to the same bank account from where they were initially paid to the Service Provider.
Where the notification on repudiation of the Contract is received by the Service Provider after the Contract is performed (after the goods are dispatched), it is no longer possible to repudiate the Contract.
The right of return within 14 days after purchase does not apply to the goods purchased in the Online Store, since the goods in question are food articles.
Where the Service User receives the goods with expired best before date or where there are less than 5 days before expiry of the best before date, the Service User shall inform the Service provider in writing as soon as possible. The respective written notification shall be sent to email address firstname.lastname@example.org. The email shall indicate the order number (“Purchase number….”), the day of submission of the order, the list of goods with exceeded best before date or with the best before date of less than 5 days (as of the date of receipt) along with contact details of the Service User (name, surname, phone number, email address). The Service Provider shall conduct the respective internal investigation and if it is discovered that the goods with exceeded best before date or with the best before date of less than 5 days were delivered due to a fault of the Service Provider, the Service Provider shall compensate the Service User the sum paid in consideration for the goods. The money shall be transferred to the same bank account from where they were initially paid to the Service Provider.
Where the Service User receives from the courier the goods in damaged package, where as the result the goods inside the package were damaged and unfit for purpose, and where the above has been proven according to Section 4.5 of this Contract, the Service Provider shall compensate to the Service User the amount paid for the said goods. The money shall be transferred to the same bank account from where they were initially paid to the Service Provider.
All personal details of the Service User that become known in the process of visiting the Online Store and purchase of the goods shall be considered to be confidential information.
The source of personal details is the relations between the Service Provider and the Service User that are created upon registration of the order in the Online Store.
Personal details of the Service User necessary for delivery of the goods to the Service User shall be transferred to the courier company.
The Service Provider shall not transfer personal details to third parties.
The Service Provider reserves the right to transfer personal details with regard to the Service User to the parties that possess the lawful right to receive such information and that process such details in order to provide for performance of obligations indicated in the law and this is performed for protection of life, health and freedom of the Service User or other parties.
The Service User provides the Service Provider with the consent for sending the order confirmation to the email address indicated by the Service User upon submission of the order.
The Service User provides the Service Provider with the consent for sending promotional offers to the email address indicated by the Service User upon submission of the order (where the Service User has put a tick in the respective field on the order submission page.
The Service Provider shall be liable in the amount of sale price of the goods. The Service Provider does not accept liability for any damage inflicted by defective goods, such as damage to property or information, loss of sales or loss of profit.
The Service User shall use the services of the Online Store according to the law and based on good customs of relations between buyers and sellers.
The Service User shall be fully liable before the Service Provider, other service users and third parties for any damage inflicted to them as the result of use of the Online Store that contradicts the conditions of the Contract, the law or the good customs of relations between buyers and sellers. The Service Provider shall not be liable for the damage inflicted to the Service User or for any delays in delivery of the goods, where such damage or delay were caused by a circumstance over which the Service Provider had no control and which the Service Provider could not foresee (force majeure).
Any disputes in connection with this Contract shall be settled by negotiations between the parties. Where the parties fail to reach an agreement, the disputes shall be settled in the court of law according to the legislation of the Republic of Estonia.
The Service User shall familiarize himself/herself with conditions of this Contract.
By ticking the field “I agree with the Contract and the Conditions” upon placing the order, the Service User confirms that he/she has familiarized with conditions of the Contract and agrees with such conditions.