Terms and conditions
- General terms and conditions
1.1. Smarta.ee e-store is selling the products available at the stores owned by SmartEST Baltics OÜ (hereinafter referred to as the Products).
1.2. These terms and conditions shall apply to the legal relationships arising between the customer (hereinafter the Customer) and SmartEST Baltics OÜ (hereinafter the Seller), the owner of the purchasing environment available on the website www.smarta.ee (hereinafter the E-store) in connection with purchasing of the Products from the E-store. In addition to these terms and conditions, the legal relationships arising from purchasing of the Products from the E-store shall also be governed by the acts of law applicable in the Republic of Estonia.
1.3. The Seller shall have the right to make amendments to the terms and conditions of use of the E-store and change the prices of the Products and services. The Seller shall announce any amendments or changes on the website www.smarta.ee. The terms and conditions as well as prices in force at the time of concluding a transaction shall be applied to the transaction.
1.4. The Seller’s details:
SmartEST Baltics OÜ
C.R. Jakobsoni 7-76
Phone: +372 58569352
1.5. All pictures and texts shown on www.smarta.ee are protected by Law of Copyright. All rights reserved by SmartEST Baltics OÜ. Using any data without permission is not allowed.
2.1. All prices displayed in the E-store are in Euros and are inclusive of value added tax.
3.1. As a rule, the Products displayed „Add to Chart“ in the E-store are available in the warehouse. The availability of the above mentioned Products cannot be guaranteed as it may be misleading due to potential technical software problems. The product displayed „Order“ are not available in the warehouse and will be ordered.
3.2. If the Customer places an order but the Seller does not hold the product ordered, the E-store is unable to fulfill the order. In such cases, Seller informs the Customer and further (refund or replacing the product) action will be agreed.
3.3. The photos of the Products displayed in the E-store are illustrative and may unintentionally slightly differ from the actual appearance of the Products.
4.1. The Customer shall select a desired Product in the E-store and add it to the Shopping Cart by clicking on the button “Add to Chart”.
4.2. To place the order, the Customer shall proceed to the Shopping Cart page: having selected shopping cart from the menu bar, click on the button “Go to Checkout”, after which the Customer shall be redirected to the page fofentering information and checking the accuracy of given information. By clicking „Next“ the Customer can pay and the order shall be sent to Seller.
4.3. The Customer shall immediately pay for the Product through a link to an online bank and confirm the payment to the Seller by clicking on the button “Return to the merchant”.
4.4. When the Product has been paid for, the E-store shall send an order confirmation to the Customer’s e-mail address.
4.5. Upon placing an order, the Customer shall enter correct information required for fulfilling the order.
4.8. The Seller shall not be liable for inability to fulfil an order due to incorrect information entered by the Customer upon placing an order or any consequences arising therefrom.
4.9. The Seller has the right to refuse to fill the order if there is a doubt the data presented to the Seller is incorrect or if the conduct is not in accordance with good practice.
5. Payment methods
5.1. Orders can be paid for securely by using links to Estonian banks (Swedbank, SEB, LHV, Luminor, Coop) or by credit card (Visa, MasterCard).
5.2. Payments are made outside of the E-store environment, in the safe payment environment of the service provider EveryPay AS.
5.3. The Seller shall have no access to the Customer’s bank details or credit card details.
6. Smarta.ee loyalty program
6.1. Loyal customers who have registered and logged in get 15% off from full price products except Smart Healt and Smart Home products.
7.1. The Customer can choose between various methods for delivery of the Product. The delivery time of the Product depends on the postal service selected by the Customer.
7.2. In the case of selecting Omniva, SmartPOST or DPD parcel terminal as the delivery method, the Product shall arrive at the parcel terminal selected by the Customer within 5 working days after the date on which the order confirmation is sent to the Customer’s e-mail address.
The Customer shall be notified of arrival of the Product at the parcel terminal by SMS and e-mail, which shall include the code for opening the door and the location of the parcel terminal. The Product shall be stored in the parcel terminal for 7 calendar days. After expiry of the above mentioned period, the Product shall be returned to the E-store. In the event of the Customer’s failure to pick up the Product within the above mentioned period, the Customer shall be required to cover the expenses related to repeated delivery of the Product.
7.3. If an order is placed by the Customer during a weekend (between 1:00 p.m. on Friday and 9:00 a.m. on Monday) or on a public holiday, the period of 5 working days shall commence at 9:00 a.m. on the first working day after the weekend or public holiday.
7.4. Prior to placing an order, the Customer shall check the accuracy of the contact details entered to prevent any delays or misunderstandings in delivery of the Product. The Seller shall not be held liable for any delays or misunderstandings arising in the course of delivery of the Product if the delay or misunderstanding is caused by inaccurate or incorrect details entered by the Customer upon placing the order.
7.5. In the event of the Product failing to reach the Customer in a good condition and in a closed package, the Customer shall notify the E-store by sending an e-mail to the address email@example.com or by calling +372 5856 9352 Tallinn.
8. Returning and replacement of orders
8.1. The Customer shall have the right to withdraw from the order without providing a reason within 21 days and have the Product/Products ordered replaced or return the Product/Products. This 21-day period shall commence at the moment when the Customer receives the order.
8.2. In order to return a Product, the Customer shall send an e-mail to firstname.lastname@example.org from the purchase within 21 days after receiving the Product.
8.3. The Customer shall return the goods within 7 days after sending the e-mail confirming handing over of the goods to a logistics company within the above mentioned period. The merchant shall have the right to withhold any refunds until the item, which constitutes the object of the Contract, has been received or until the Customer has submitted evidence certifying returning of the item, depending on which occurs first.
8.4. Replaced or returned Products and Packages may not be damaged or bear signs of being used; the Product shall be returned in original packaging with all original labels attached to the Product. If the condition of a returned item has deteriorated, the Customer shall only be held liable for a decline in the value of the item caused as a result of using the item if the item has been used in a manner which is not required for verifying the nature, features or functionality of the item. In order to verify the nature, features or functionality of an item, the Customer should only handle and use the item in a manner which would be normally permissible in a store.
8.6. The Customer shall always open a Product’s packaging carefully, without causing any damage.
8.7. All costs related to refund or changing ordered products are on the Customers costs.
8.8. The Seller shall refund the purchase price to the Customer within 14 days after the date on which the application for returning the Product is received. The refund shall be transferred to the same bank account which was used by the Customer to pay for the returned Order. If the Customer used bonus money to pay for the Order, used bonus money shall be returned to the Customer and earned bonus money shall be removed.
8.9. If an Order is returned fully, the Seller shall refund to the Customer the whole amount received based on the Contract, including the delivery cost paid by the Customer. If an Order is returned partially and a delivery cost was added to the cost of the Order, the Seller may refund the delivery cost in proportion to the number of products returned.
8.10. The refund shall be received on the Customer’s bank account on the following banking day at the latest. If the Order was paid for by credit card, arrival of the refund shall depend on the terms and conditions of the Customer’s bank.
9. Procedure for submission of claims
9.1. The 2-year period for submission of claims provided for in subsection 218 (2) of the Law of Obligations Act shall be applied to the Products sold.
9.2. If a Product is found nonconforming or defects are found, the Customer shall notify the Seller thereof immediately, but no later than within 14 days after finding the deficiency by e-mailing the Customer’s contact details, detailed description of the problem and the receipt number to the address email@example.com. Please stop using the Product immediately after detecting a deficiency.
9.3. All claims shall be reviewed and the Customer shall be contacted as soon as possible, but no later than within 15 days after receiving the claim.
9.4. Within the first six months after handing the item over to the Customer, it shall be presumed that any deficiency found existed at the time of delivery of the item. It shall be the Company’s responsibility to prove the opposite. If a claim is submitted within the first six months after handing the item over to the Customer, the Seller shall always incur the expenses relating to the repair of the item or delivery of a replacement, in particular, expenses relating to transport, postage, work, travel and materials (subsection 222 (4) of the Law of Obligations Act). Within the next 1.5 years, the Seller shall only incur the above mentioned expenses if the claim is justified.
9.5. If the Product cannot be repaired or replaced by the Seller or attempts to repair or replace the Product prove unsuccessful or the Seller fails to eliminate a deficiency within a reasonable period of time or if unjustified inconveniences have been caused to the Customer, the Customer shall have the right to request lowering of the purchase price of the Product by the Seller or a refund.
9.6. If the goods are not in conformity with the terms and conditions of the Contract, the Consumer shall have the right to use the legal remedies provided for in the acts of law, including demand fulfilling of the Contract, lowering of the price, compensation for damages or cancel the Contract.
9.7. If a Product is not in conformity with the terms and conditions of the Contract, the Seller shall incur the expenses related to repairing the Product or replacement of the Product, in particular expenses relating to transport, postage, work, travel and materials.
9.8. The Seller shall not be held liable for any damage arising from abnormal use of the ordered Products or delayed delivery of the Product if the delay is caused by circumstances over which the Seller had no influence and/or which were caused by a force majeure event out of the Seller’s control.
9.9. The Seller shall not compensate to the Customer for the expenses made in the event of a nonconforming or defective Product or be held liable for such Product if: if the value of the Product has deteriorated/the Product has been damaged at the fault of the Customer, the deficiencies are caused by abnormal use of the Product, including failure to follow the maintenance instructions, if the value of the Product has deteriorated due to normal wear and tear in the course of regular use, if the Customer is unable to present a document evidencing purchasing of the Product.
10.1. The Seller and the Customer shall be liable in front of one another for any damage caused to the other Party by violation of these terms and conditions in the cases and in the extent provided for in the legislation of the Republic of Estonia.
10.2. The Seller’s liability shall be limited to the purchase price of the Product.
10.3. The Customer shall only use the service of the E-store for purposes which are in conformity with the law and good practice.
11.1. The Customer shall grant the Seller explicit and informed consent for processing the Customer’s personal data.
11.2. Any personal data disclosed to the Seller shall be entered into the customer register and used for providing the sales service and for offering goods to the Customer.
11.3 The Seller shall store the Customer’s contact details entered by the Customer in the course of making purchases and information about the purchases made. This information shall be treated as confidential and processed in conformity with the Personal Data Protection Act. The personal data which are required for delivery of the Products to the Customer shall be disclosed to the company providing the courier service.
11.4. The Seller may only use the Customer’s personal data for sending special offers and information about campaigns to the Customer by e-mail and only with the Customer’s consent.
11.5. The data communication between the Customer and banks and the Card Centre of Banks is encrypted, which ensures security of the Customer’s personal data and bank details.
Payments are made outside of the environment of the E-store, in the secure payment environment of the selected bank or service provider. The E-store shall not have access to the Customer’s bank details or credit card details.
The personal data shall be processed by SmartEST Baltics OÜ, C.R. Jakobsoni 7-76, Tallinn, 10128. Reg. No.12762531
12. Terms and conditions of use and amendment thereof
12.1. By registering with the E-store or purchasing Products, the Customer shall consent to the terms and conditions of use of the E-store and shall undertake to follow the terms and conditions.
12.2. The sales contract between the Seller and the Customer shall become valid from the moment of receipt of the purchase price on the Seller’s bank account.
12.3. The Seller shall have the right to make amendments to the terms and conditions of use of the E-store and the prices of the Products. Notices concerning such amendments shall be published in the E-store environment. The terms and conditions and prices valid at the time of concluding a transaction shall apply to the transactions.
12.4. The Seller shall have the right to withdraw from fulfilling an order if the price of a Product displayed in the E-store at the time of placing the order was incorrect due to a technical error.
13. Other terms and conditions
13.1. Any disputes between the Customer and the Seller shall be settled by negotiations.
13.2. If the Seller has refused to solve the Consumer’s complaint or the Consumer is not satisfied with the solutions offered by the Seller and finds that his or her rights have been violated or interests damaged, the Consumer may submit a claim to the Consumer Protection and Technical Regulatory Authority Committee through the Consumer Protection Board or to a court. The Consumer can contact the Consumer Protection and Technical Regulatory Authority free of charge and the value of the transaction in question must exceed 20 Euros. The Consumer may file the claim directly or through a representative. The contact details of the Consumer Protection and Technical Regulatory Authority are provided on the website of the Consumer Protection and Technical Regulatory Authority; for settling of claims arising in the EU Member States, the European Consumer Centre should be contacted.