NOA Design OÜ, registry code 14223301, legal address Rukkilille street 3-11, Vaida borough, Rae Parish, Harjumaa County, 75302 (hereinafter “Service Provider” and/or “Party”) and the customer, who processes the order in the NOA DESIGN e-store and identifies themselves via providing their personal information (hereinafter “Service User” and/or “Party”) agree to the E-store User Sales and Purchase Agreement Terms & Conditions (hereinafter “Contract”).
1.1 NOA DESIGN e-store (hereinafter E-store) is an internet based shopping environment created by Service Provider to allow the purchasing of products by Service Users.
1.2 E-store online location https://noadesign.eu/
2.1 Regulation of contracting Parties relations is guided by the laws of the Estonian Republic, legislation in force and the agreement between the Parties.
2.2 Service Provider remains the right to make changes (to the content and conditions) of the E-store service at any time.
2.3 Service Provider has the right to change the conditions of the Contract unilaterally without the obligation to inform the Service User via e-mail and in writing.
2.4 Service Provider will make the Contract available online at https://noadesign.eu/ website menu in the Sales Conditions section. The Contract will also be introduced to the Service User during purchasing process before payment procedure conducted by Service User.
Products And Purchase Procedure
3.1 Products presented in the E-store are available for purchasing by both individuals and juridical entities.
3.2 Service User confirms being at least 18 years of age.
3.3 Product images displayed in the E-store are illustrative and may somewhat differ from the actual product. E-store published product description may not be exhausting or complete and may include unintentional errors.
3.4 The availability of products displayed in the E-store may change due to technical problems in inventory or E-store programs.
3.5 In case the product is out of stock and the order cannot be fulfilled, the E-store employee will contact the Service User and suggest a different delivery deadline, offer a replacement product of the same price and quality or a refund of the prepaid sum. In case of a refund it should be carried as soon as possible but no later than in 14 days after placing the order.
3.6 After selecting the desired products, in order to place an order, the Service User obliges to fill in all the data required to fulfill the order (surname, first name, name of the company, registry code, contact phone number, e-mail address, delivery address, postal index), choose the delivery method (delivery service or pickup from the warehouse), confirm having read and agreeing with the Terms and Conditions and pay for the purchase (including delivery costs) via internet banking, credit card payment, PayPal.
3.7 Service User obliges to provide truthful information needed to complete the order. Service Provider is not liable for any non-execution of the order or any consequential consequences arising from the execution of the order in case the information provided by Service User is incorrect.
3.8 The order is locked and the transaction has taken place the moment Service User has placed an order via E-store and has paid for the order.
4.1 The prices displayed in the E-store are presented in euros (EUR) and include VAT.
4.2 Service Provider has the right to change prices displayed in the E-store at any time and moment. In case the prices are altered after the Service User has submitted the order and has paid for it, then the Service Provider obliges to deliver the ordered products at the price that was valid at the moment of submitting the order. Service User does not have a right to demand a compensation in price difference.
Delivery Terms And Conditions
5.1 Service Provider enables delivery of purchased product within the Estonian Republic, Finland, Sweden, Latvia, Lithuania and worldwide by the request.
5.2 Service User has the right to choose between the following delivery methods of the purchased products:
5.2.1 The products are delivered to the location chosen by the Service User.
5.2.2 Service User receives the products from a pick-up spot/location in Tallinn, Tartu mnt 80C.
5.2.3 Service User obliges to inform the Service Provider in writing within maximum of 15 (fifteen) calender days from order confirmation in case the ordered products have not been delivered by the delivery method the Service User chose or the purchased products have not been made available to the Service User in the pre-chosen location.
Right Of Withdrawal
6.1 Starting from the moment the transaction has taken place, a 14-day withdrawal right applies to a Service User who is a natural person. The withdrawal right becomes invalid the moment the Service User or a third party authorized by the Service User (who is not the delivery agent) has physical ownership of the ordered product.
In order to use the right of withdrawal, the Service user undertakes to submit an unambiguous withdrawal application to the Service Provider. This condition does not apply to custom made products.
6.2 The service user has the right to file a withdrawal application by choosing one of the following channels:
6.2.1 Send a withdrawal form by post to NOA DESIGN OÜ juridical address Rukkilille street 3-11, Vaida borough, Rae Parish, Harjumaa County, 75302.
6.2.2 Send a withdrawal form by e-mail to the address firstname.lastname@example.org.
6.3 In case the Service User chooses to withdraw from the Contract, the Service User is obliged to return the products to the Service Provider within 14 days after submission of the withdrawal application to the Service Provider.
6.4 The products must remain without defect, complete, in the original packaging and unused. The packaging is allowed to have been opened carefully and without damage.
6.5 In case of withdrawal from Contract by the Service User who is a natural person, all payments that the Service Provider has received are refunded to the Service User, including delivery costs (except for additional delivery costs derived from the choice of the delivery mode which differs from the cheapest method of regular service provided by the Service Provider, made by Service User). The refund is made without delay no later than 14 days after: 1) The day the Service Provider became aware of the Service User’s decision to cancel the Contract and ask for a refund; 2) Service Provider has received the returned product;3 3) The condition of the product fully correspond to the clause 6.4 of the Contract.
6.6 The money will be transferred to the same current account, from which it was received by the Service Provider.
6.7 The Service User undertakes to bear the costs of returning the product, unless the returned product did not match the order of the Service User.
6.8 In the event that after the return of the product it becomes evident that the product does not comply with clauses 6.1. – 6.4, the funds will not be refunded to the Service User and the returned product will be deposited with the Service Provider. The Service user will cover the cost of the deposit or the return of the Product to the Service user.
6.9 In the event that after the return of the product it becomes evident that the product does not comply with clauses 6.1. – 6.4, the funds will not be refunded to the Service User and the returned product will be deposited at Service Provider storage. The cost of the deposit or the cost of the return shipping of the Product to the Service user will be covered by the Service User.
7.1 For products purchased from NOA Design E-store by Service Users who are natural persons, a 2 year complaint submission deadline is valid (Law of Obligations Act § 218 page 2).
7.2 In case the Service User has complaints they are to be filed via contact addresses provided in clauses 6.2.1. – 6.2.2 of the Contract.
Personal Data And Use Of Personal Information
8.1 Service User has clear understanding and gives consent to the processing of personal data by Service Provider.
8.2 Any personal data submitted by a Service User during a purchase procedure is stored in the customer database. The information can further be used in client base analysis and marketing strategy. The data can also be used by sales service department to make a unique selling proposition to an already existing customer.
8.3 The Service Provider does not have access to the customer entered card information. In order to make a transaction, the cardholder shall be directed to the secured environment of the Card Center (Nets Estonia AS www.estcard.ee). At the moment of payment, the card holder’s card data entry is carried out by the cardholder in the database stored on the Card Center’s server and the data is also stored on the server located in the Card Center.
8.4 Customer information source is created with the registration of customer relationship in within the E-store environment.
8.5 Personal information subject to registration includes the data of the Service User’s order, the purchased products, the products placed on the wish list, surname, forenames (first names), street, house, apartment number, settlement or town, postcode, country, telephone number, date of birth, gender, delivery method, comments entered , payment method used, acceptance with the Contract, acceptance of receiving marketing material, Internet browser used and its version, operating system, ip address, type of device used, time of execution of operations.
8.6 Personal information is processed by NOA DESIGN OÜ, Rukkilille street, 3-11 Vaida borough, Rae Parish, Harjumaa County 75302, registry code 14223301.
8.7 Service User’s information required for the delivery of the purchased product is shared with the company conducting delivery services.
8.8 Protection of personal data is ensured by all lawful measures in force.
8.9 Service Provider obliges not to share registered personal data with any uninvolved third parties.
8.10 Service Provider reserves the right to transfer personal data about Service User to partners who are given the right to receive the data by Contract, to parties who are allowed to receive the data by law, to parties who processes the data in conduct with the law, to a third party who has legal right to access the data in the interest of the Service User or in the interest to preserve any other person’s life, health or freedom.
8.11 The Service User has the right to control personal data related to them, also to change the related data or to request for a removal of their personal data from the register.
8.12 The Service User allows the Service Provider to send an order confirmation to the provided email address, as well as gives consent to receive e-mails required for execution of the Contract.
9.1 Service Provider is responsible for the sales price of the product. The Service Provider is not liable for damages caused by defective products (such as property or information damage, loss of turnover or profit).
9.2 Service User undertakes to use the E-store service solely on the basis of good practices.
9.3 Service User is solely responsible for the expenses connected with the purchase, use and maintenance of data communication systems related to the software controlling the equipment, as well as for other expenses connected with the use of the E-store.
9.4 Service User is solely responsible for any damages caused to Service Provider, other Service Users or any other third parties by using the E-store in any way that does not correspond to the Contract or to does not correspond to the basis of good practices.
9.5 In case one of the Contract party breaches its obligations to the Contract, the other Party has the right to demand:
9.5.1 Fulfillment of the obligation;
9.5.2 To refuse to fulfill its obligations;
9.5.3 Claim damages;
9.5.4 Withdraw from the contract or cancel the contract;
9.5.5 Price reduction;
9.5.6 In case a financial liability is delayed, a fine of 0.15% of the amount owed for each day’s delay can be demanded.
9.6 In the event of violation of the obligation, the Parties may use, separately or together, all legal remedies arising from law or the Contract, which can be used simultaneously, unless otherwise provided by law or the Contract. The use of a remedy arising from a breach of duty does not deprive the Party of the right to demand compensation for the damage caused by the violation of the obligation.
9.7 The Party may not rely on the breach of Contract by the other Party and, consequently, not avail itself of legal remedies in case the breach has been caused by their own act or the fact or an event arising from the Party’s acts.
10.1 Any disagreements between the Service User and the Service Provide that arise from the Contract are to be resolved by negotiation. In the event of failure to reach an agreement, the Parties have the right to appeal to the Consumer Complaints Commission at the Consumer Protection Board or to resolve the dispute in the Harju County Court.
Terms And Conditions Consent
11.1 Agreement with the terms and conditions listed in the Contract is mandatory for the Service User.
11.2 When making the order, by ticking “I have read and agreed with the Terms & Conditions” in the respective window, the Service user agrees to understand the Terms and Conditions of the Contract, to understand and agree to the terms and conditions of the Contract.