TERMS & CONDITIONS

Nemrak Haldus OÜ (hereinafter referred to as the Seller, whose contact details are given below in these terms and conditions of sale) operates and manages the website www.karmen-pedaru.com, through which the sale and purchase of products offered for sale by the Seller take place in the sales environment (hereinafter referred to as e-shop).

These terms and conditions of sale regulate the legal relationships that arise between the Customer of the e-shop (hereinafter referred to as the Customer) and the Seller in connection with the purchase of products by the Customer from the Seller on the website www.karmen-pedaru.com.

We kindly ask the Customer to read these terms and conditions of sale carefully and familiarise themselves with them thoroughly. If you do not fully or partially understand the terms and conditions of the sale or do not agree with them even partially, please do not use the e-shop. When using the e-shop, the Customer fully accepts these terms and conditions of sale.

Thank you very much for visiting www.karmen-pedaru.com!

1.   Products

1.1.The Seller offers the products displayed in the e-shop on the website www.karmen-pedaru.com to the Customers for sale.

1.2.Products are only sold in the e-shop.

1.3.The photos of the products displayed in the e-shop are for illustrative purposes only. The photos of the products may differ slightly from the actual appearance of the products. The products that have a pattern, individual shapes or other similar design elements applied to the fabric using textile printing techniques are not identical.

1.4.As a rule, the products displayed in the e-shop are in stock, unless otherwise indicated for a specific product.

1.5.Product selection may change at any time without prior notice.

1.6.The place of product packaging is Estonia, in the European Union.

2.   Prices and payment terms

2.1.The prices of the products are shown in the e-shop.

2.2.The prices of the products are displayed in the e-shop with VAT in euros.

2.3.The Seller accepts payments in euros.

2.4.Payments can be made via bank links in Estonia,Finland,Latvia, and Lithuania and as a Visa or Mastercard card payment.

2.5.Prices are subject to change at any time without prior notice. The Seller may announce discounted prices and campaigns in a newsletter or in another way.

2.6.If the Seller has reduced the prices of the products in the e-store after the Customer has placed an order and paid for the products, the Customer does not have the right to demand compensation for the price difference.

2.7.In the event that the price of a product is displayed incorrectly in the e-shop due to a photo error, printing error, etc., the Seller has the right to unilaterally withdraw from the sales transaction for the product displayed in the e-shop with an incorrect price.

2.8.When purchasing products in the e-shop, the Customer pays 100% for them in advance.

2.9.The shipping fee for the products is added to the prices of the products according to the shipping method chosen by the Customer, unless otherwise specified in the special terms and conditions.

2.10.When paying for the products, the Customer undertakes to pay the additional service fees of their bank or any other third parties mediating the payment in full, if such should apply, such as a service fee in accordance with the contract concluded between the Customer and the bank or credit card issuer.

2.11.In order to purchase products, the Customer must add the products to the shopping cart using the “Add to cart” button and then confirm the shopping cart using the “Confirm shopping cart” button. The Customer is then directed to the payment environment of a third party – i.e., Maksekeskus AS (www.maksekeskus.ee) – to pay for the products.

2.12.The Customer can pay for the purchase via bank link or with a credit card.

2.13.Paying for products and receiving payment takes place outside of the Seller’s own website, in the aforementioned third-party payment environment via bank links, or by using credit card data or other payment options.

2.14.When paying, the Customer must correctly enter the bank details necessary to make the payment in the payment environment. The Seller does not have access to the service Customer’s bank details.

2.15.When paying with a bank link, after making the payment, the Customer must press the “Back to merchant” button. Otherwise, Maksekeskus AS will not send an automatic confirmation of receipt of payment to the Seller, and the Seller will, therefore, not be able or be obliged to send the products to the Customer until Maksekeskus AS has received such confirmation. The Customer understands and confirms that they comply with what is described in this clause and is solely responsible for fulfilling this obligation.

2.16.The Customer can simply cancel the purchase of products at any time until the moment when the Customer makes a payment through Maksekeskus AS after confirming the shopping cart.

2.17.If the Customer is a legal entity or a natural person who wishes to generate a personally addressed invoice, the Customer undertakes to provide the relevant data to the Seller via the website before paying for the products; otherwise, the generation of such an invoice is no longer possible. The invoice for products purchased later will not be changed, except by special agreement and for an additional fee.

2.18.To complete the order, the Customer must enter all necessary and correct data before confirming the shopping cart. The Customer is obliged to carefully check the correctness of the data provided before placing the order in order to avoid possible delays, damages and misunderstandings. The Seller is not responsible for the impossibility or delay of order fulfilment or any other negative consequences due to incorrect data provided by the Customer.

2.19.The Seller sends a notification to the Customer’s e-mail address with confirmation of the order.

2.20.By entering their data when purchasing products, the Customer gives the Seller the right to collect and process the Customer’s personal data to the extent that it is necessary to generate an invoice to the Customer and send it by e-mail, as well as to send the products. The Customer also gives the Seller consent to the collection, processing and transmission of the necessary personal data provided when paying for the products. In this case, the Seller is the responsible processor of personal data, who forwards the personal data necessary for making payments to the authorised processor Maksekeskus AS. The collection, processing and transmission of personal data are more precisely regulated in the privacy policy.

2.21.If it is not possible to send the ordered goods to the Customer due to the goods being sold out or for another reason, such as because the product is displayed incorrectly in the e-shop due to a system error, the Seller will cancel the order and inform the Customer of this fact within a reasonable time. The Seller has the right to cancel the order both partially and completely. The Seller will return the amount of money paid to the Customer no later than 30 (thirty) working days after sending the relevant notification to the Customer.

2.22.Orders placed outside of the European Union may be subject to local customs and/or import duties and/or levies in the country to which the products are shipped. The Customer is solely responsible for the payment of such customs and/or import taxes and/or fees and for the arrangements for their payment. The amount of the aforementioned taxes and fees differ from country to country, so the Customer should ask for additional information about applicable taxes and fees from the relevant authorities of the country to which the products are sent.

3.   Shipping products

3.1.The products are shipped to the member states of the European Union and the United Kingdom.

3.2.The products are generally sent to the Customer no later than 4 (four) working days,at maximum no later than 7 (seven) working days,after the receipt of the total purchase price paid for the products to the Seller’s bank account, unless it is an express order, in which case the products are generally sent to the Customer no later than within 2 (two) working days,at maximum no later than 5 (five) working days,after receipt of the total purchase price paid for the products to the Seller’s current account.

3.3.For the purposes of these terms and conditions of sale, sending the products to the Customer means sending the products out of the Seller’s warehouse and handing them over to the transport service provider or postal agency.

3.4.The delivery time may vary from product to product; in this case, the approximate shipping times of the products are indicated in the e-shop, or the Seller will notify it in a newsletter.

3.5.Products are sent using the shipping method chosen by the Customer (for example, using DHL Express or DPD courier service or a parcel machine) to the address indicated by the Customer. In the event that, for some destinations, it is not possible to send the products to the Customer using the shipping method chosen by the Customer, the products will be sent to the Customer in such a way that they are delivered to the nearest post office.

3.6.In the event that the Customer does not pick up the products within the time limit set by the transport service provider or the postal authority or does not take possession of the products, the Customer is obliged to compensate the costs related to repeated shipping and other damages that may be incurred.

3.7.The Seller is not responsible for any direct or indirect damage caused by the delivery of products to the Customer, including delays in the provision of delivery and/or transport services by a third party or any other reason for the delay in the delivery of products to the Customer, and shall not pay compensation to the Customer for this.

4.   Withdrawal from the sales contract and return of products

4.1.Before confirming the shopping cart, the Customer can at any time change the content of the shopping cart, including the quantity of products, or, if desired, remove the products from the shopping cart either partially or completely.

4.2.The Customer has the right to withdraw from the purchase even after paying for the products but before the products are sent to the Customer. For this, the Customer must send an e-mail with the relevant content to the e-mail address of the Seller at customerservice@karmen-pedaru.com. When sending the aforementioned e-mail to the Seller, the Customer must include their order number and the Customer’s payment information; otherwise, the Seller will not be able to read the Customer’s corresponding statement of intent as a correct withdrawal from the sales contract.

4.3.After receiving the products, the Customer has the right to return the products within 14 (fourteen) calendar days by following the instructions provided with the products and by completing the necessary documents for returning the products.

4.4.In order to return the products, the Customer must contact the Seller by e-mail, sending a corresponding request to the Seller’s e-mail address: customerservice@karmen-pedaru.com.

4.5.If the Customer exercises their right to return the products, the Customer is obliged to return the products to the Seller within 14 (fourteen) calendar days. The withdrawal period is calculated from the calendar day on which the Customer or any third party designated by the Customer and who is not the person transporting the product, has taken possession of the products. If the order consists of more than one product and they are sent to the Customer at different times, the withdrawal period is calculated from the date of delivery of the last delivery to the Customer.

4.6.In order to return the products to the Seller within the meaning of these terms of sale, the delivery of the products by the Customer to the transport service provider or the postal institution is taken into account. The risk of accidental destruction or damage to the products is transferred to the Seller from the moment the products are returned to the Seller’s possession.

4.7.Reasonable costs related to returning the products are borne by the Seller.

4.8.All products to be returned must be unused and folded as per the order, together with the sealed original sales packaging, including the tissue paper inside the sales packaging. When returning the products, the Customer is obliged to put the sales package/product package in the outer packaging/shipping package intended for transportation, which is made of material that protects the products from any damage that may occur during transportation and to stick the documents intended for returning the products to this package.

4.9.The Customer is obliged to open the packaging of the products carefully, without damaging it.

4.10.Returned products must contain all elements, including the items in the sales packaging with the products. The Customer may not remove the price or other tags on the products or throw away the sales packaging of the products until the Customer has decided not to return the products.

4.11.If the products returned by the Customer (including both the products and the sales packaging of the products) are damaged, and these damages were not caused by the Seller themselves before sending the products to the Customer, the Seller has the right to set off the amount of money needed to restore the products and/or the sales packaging of the products from the purchase amount returned to the Customer.

4.12.The products are considered returned when they have been delivered to the Seller. The amount of money paid for the returned products will be returned to the Customer no later than within 30 (thirty) calendar days from the date of receipt of the returned products by the Seller. The money will only be returned to the same Customer’s current account from which the payment for the purchase of products was made to the Seller’s current account.

4.13.Until the returned products are received by the Seller, the Customer bears the risk of accidental damage and destruction of the products.

5.   Making Claims and Liability

5.1.The Seller is responsible for product defects and/or other non-compliance of the products with the sales contract if the defect or other non-compliance with the sales contract existed at the time the products were sent to the Customer. Before packaging the products and sending them to the Customer, the Seller carefully inspects all products to ensure that there are no defects or other non-compliances with the sales contract.

5.2.The Customer is obliged to notify the Seller of its claims within 14 calendar days from the day of delivery of the products to the Customer in the event of product defects and/or other non-compliance of the products with the sales contract.

5.3.In order to inform about a claim, the Customer must contact the Seller by e-mail and send a corresponding notification, in which it is clearly stated which product has defects or other non-compliance with the sales contract, to the Seller’s e-mail address customerservice@karmen-pedaru.com; otherwise, the claim cannot be deemed as received by the Seller, and the Seller cannot consider the Customer’s corresponding declaration of intent as a correct submission of a claim arising from the sales contract. 

5.4.The Seller carefully inspects all products returned due to a defect or other non-compliance with the sales contract upon delivery. The Seller is not responsible if (i) the damage or destruction of the products is caused by the Customer themselves or has occurred as a result of irregular use of the products, (ii) the damage or destruction of the products has occurred due to the use of the products not in accordance with the use or maintenance instructions, (iii) the wear of the products has occurred as a result of the normal use of the products, (iv) the value of the products has decreased due to natural wear and tear caused by normal use, or (v) the Customer does not have a proof of purchase or other document that proves the Customer ordered the products.

5.5.The Seller is not responsible for damage caused by improper execution of the sales contract in the event that the damage occurred due to the occurrence of such circumstances that the Seller could not have reasonably foreseen or avoided.

5.6.In the event of defects in the products or other non-compliance with the terms of the sales contract, the Seller will either replace the corresponding products, if this is possible, or return the amount of money paid for the products to the Customer. If necessary, communication between the Seller and the Customer takes place by e-mail to clarify the circumstances.

5.7.The Customer is obliged to keep the sales packaging of the products, the invoice and the delivery note.

5.8.The Customer undertakes to use the e-shop only for purposes that comply with laws and good manners and customs.

5.9.The Customer themselves is responsible for their equipment, software, and any other technical equipment and/or information technology solutions on their computer that are necessary to use the e-shop.

5.10.The Seller is not responsible under any circumstances or to any extent for such losses that the Customer may incur due to the fact that the e-shop is temporarily unavailable or does not function correctly or that access to the e-shop or the use of the e-shop is in any way prevented, stopped or limited.

5.11.The Seller has the right to suspend or limit the availability of the e-shop at any time without notice, including during the development and maintenance of the website.

5.12.The Seller’s maximum liability is always limited to the selling price of the products.

6.   Intellectual property

6.1.All content made available on the website www.karmen-pedaru.com (including texts, photos of products and design of the website) is protected by copyright unless the Seller has explicitly stated otherwise on the website www.karmen-pedaru.com. The use of the content made available on the website www.karmen-pedaru.com is not permitted without the written permission of the copyright holder.

6.2.The copyright to the copyrighted content made available on the website www.karmen-pedaru.com, as well as the rights to the domain www.karmen-pedaru.com and the Estonian and European Union trademark KARMEN PEDARU and the international trademark KARMEN PEDARU with legal protection in the United Kingdom belong exclusively to the Seller.

7.   Applicable law and jurisdiction

7.1.These terms of sale and the privacy policy that are an important part of the terms and conditions of sale are subject to Estonian law.

7.2.The Seller and the Customer always try to resolve any emerging disagreements through friendly negotiations.

7.3.Disputes that arise in connection with these terms and conditions of sale or the privacy policy, which are an important part of the terms and conditions of sale or any other legal relationships that may arise when making a purchase in the e-shop, which cannot be resolved amicably through mutual negotiations, are subject exclusively to the Tallinn courthouse of Harju County Court, located in the Republic of Estonia.

8.   Changing the terms of sale

8.1.The Seller reserves the right to change these terms and conditions of sale and the privacy policy that are part of them at any time without notice by publishing the revised version of the terms and conditions of sale and/or privacy policy on this website or by sending the corresponding information directly to the e-mail address of registered users as a newsletter.

8.2.If the Customer does not agree either partially or completely with the new terms and conditions of sale or privacy policy, the Customer is obliged to immediately stop visiting the website www.karmen-pedaru.com and stop using the e-shop. If the Customer continues to visit the website www.karmen-pedaru.com and use the e-shop, it is considered that the Customer has accepted the amended terms and conditions of sale and the privacy policy.

8.3.In order to become familiar with changes to the terms and conditions of sale and/or the privacy policy, the Customer needs to review the terms and conditions of sale and/or the privacy policy and make sure that before visiting the website www.karmen-pedaru.com and starting to use the e-shop, the Customer has thoroughly familiarised themselves with the current sales and privacy conditions and totally agrees with the current conditions.

8.4.Revised versions of the terms and conditions of sale and privacy policy will be effective from the date specified in the specific version.

9.   Other terms and conditions

9.1.In order to purchase products from the e-shop, the Customer must be of legal age (at least 18 years old), of active legal capacity, and capable of making decisions.

9.2.The place of purchase is the Republic of Estonia.

9.3.The sales contract between the Customer and the Seller is deemed concluded from the moment the Seller has confirmed the order and on the condition that the entire purchase price paid for the products has reached the Seller’s current account.

9.4.The headings of sub-clauses used in the terms and conditions of sale are intended only for structuring to facilitate the reading of the terms and conditions of sale. The headings have no legal meaning in the interpretation of the terms of sale.

9.5.In the event that a condition of the terms and conditions of sale turns out to be in conflict with legislation as a result of adoption, amendment or cancellation, this does not affect the validity of the remaining terms and conditions of sale, and the Seller will take measures to replace the condition that does not comply with the legislation with a new condition.

9.6.The privacy terms and Return Policy are integral parts of these terms and conditions of sale.

10.   Contact details of the Seller

10.1.Business name: Nemrak Haldus OÜ

10.2.Registration code: 16103328

10.3.VAT Number: EE102310986

10.4.Address of place of business: 4a-5 Kiriku põik, Tallinn 10130, Estonia

10.5.E-mail: customerservice@karmen-pedaru.com

10.6.Phone: +37254410498

The terms and conditions of sale were last updated on 01.12.2022