Noto E-store terms of use
1. Object of the Terms of Use and General Provisions
1.1 These Terms of Use of the Noto OÜ e-store (hereinafter the Terms) are regulated by the administrator of the Noto OÜ e-store (hereinafter e-store) located at www.notopro.lv, which is Noto OÜ (registry code 11059195, location Veerenni 24, 10135 Tallinn, e- mail epood@noto.ee, hereinafter the Seller), and the legal relations arising from the use of the e-store and the transactions entered into in the course of it.
1.2 In addition to these terms and conditions, the legal relations arising from the purchase of products through the Noto e-store are regulated by the legislation in force in the Republic of Estonia.
1.3 In the event of a conflict between the terms and conditions contained in the sales contract and the sales contract, the sales contract shall prevail.
1.4 OÜ Noto is entitled to amend and supplement these terms and conditions and the price list due to the development of the Noto e-store and in the interests of better and safer use of the e-store. Changes and additions to the Terms and Conditions and the Price List will be announced on the website www.notopro.lv
2. Prices
2.1 The prices of all products sold in the e-shop (hereinafter Goods) are in euros and include the VAT valid in the Republic of Estonia at the time of the sale transaction, as well as other state or local government taxes.
2.2 The price of the Goods and the availability of the Goods may change on an ongoing basis and without prior notice. If the buyer has submitted an order before changing the price of the Goods, the price valid at the time of the order will be applied.
2.3 The Seller has the right to withdraw from the sales contract concluded via the e-store without sanctions and not to hand over the ordered Goods or provide the service if the Goods have run out of stock (after placing the order it turns out that the ordered Goods have run out of stock). The price or features of the goods have been displayed incorrectly in the e-shop due to a system error. If the Seller is unable to fulfill the order, the Buyer will be contacted and the amount paid will be refunded if the Buyer has managed to make an advance payment for the Goods.
3. Shopping cart and concluding a sales contract
3.1 In order to perform the sale transaction of the goods selected by the Buyer from the e-store, the Buyer must first add the desired Goods to the virtual shopping cart (hereinafter Shopping Cart) by clicking the “Add to Cart” link on the product information page. If the Buyer wishes to purchase more Goods within the same sales transaction, he must perform the above-described operation for each of the goods he wishes. You must click the “Update” button to confirm the changes made to the shopping cart.
3.2 Product images are for illustrative purposes only.
3.3 To continue ordering, click on the “Next” button. The buyer is directed to the contact information entry page. When entering contact information, be careful when filling in the boxes, as the accuracy and correctness of this information depends on the fast and trouble-free delivery of the purchased products.
3.4 Clicking on the “Next” button on the contact information entry page will take the Buyer to the mode selection page.
3.5 The price of the Goods added to the Shopping Cart by the Buyer is supplemented by the transport cost, which is automatically added to the price to be paid by the Buyer for the Goods.
3.6 The contract for the sale of products shall be deemed concluded (entry into force of the contract) as of the receipt of the amount payable according to the order confirmation to the current account of OÜ Noto.
4. Payment for the sales contract
4.1 The Bank Link-E-shop allows you to pay for the Goods via the bank link of the following banks: Swedbank, SEB, LHV, Luminor, Coop and Pocopay.
4.2 By credit card.
4.3 Payments are mediated by Maksekeskus AS. Payment takes place outside the Online Store in a secure environment – when paying with a bank link in the secure environment of the respective bank and when paying with a credit card in the secure environment of Maksekeskus AS. The seller does not have access to the customer’s bank and credit card details. The agreement enters into force upon receipt of the amount due to the current account of Noto OÜ.
4.4 If the Buyer has not paid for the Goods specified in the order within 3 calendar days from the date of placing the order, the Seller shall cancel the order and the sales contract between the Buyer and the Seller shall not be entered into with respect to the Goods.
5. Delivery and handover of products
5.1 After the sales contract enters into force (payment of the invoice by the Customer), Noto OÜ completes the order within 3-14 days and issues the Goods that are the subject of the sales transaction to the transport company for delivery to the destination specified by the Buyer. If the Buyer has confirmed that he wants to pick up the ordered Goods himself, the Seller informs the Buyer that the Goods have been assembled for release from the Seller’s warehouse.
5.2 The goods will be delivered by the courier company within the delivery term indicated on the product card and order confirmation, unless the Buyer has confirmed that he wants to pick up the ordered Goods himself.
5.2.1 If the Buyer comes to the warehouse of Noto OÜ to pick up the ordered Goods, all the Goods on the order will be issued at once. The buyer ensures that his means of transport is suitable for the delivery of the ordered Goods.
5.2.2 If the Buyer does not pick up the ordered Goods within 14 days after he has been informed that the Goods are ready for delivery, the Seller reserves the right to charge a storage fee of 5 EUR +km per day for each day exceeded.
5.3 If the Goods ordered by the Buyer are not in stock and must be ordered from a special supplier and it is obvious that delivery of the Goods within the delivery term specified in the product description is not possible, and in other cases if delivery of the Goods is not possible responsible, the Buyer shall be notified thereof by contacting the e-mail or e-mail notified upon making the order within 2 working days as of the entry into force of the Agreement, and the deadline for delivery of the Goods ordered by the Buyer shall also be announced.
5.4 If the Buyer loses interest in purchasing the Goods due to a longer delivery term, the Buyer has the right to cancel his order (see clauses 6.1 and 6.3 for details) and the amount paid by the Buyer (including transport costs) will be refunded. The amount paid by the buyer will be refunded no later than 14 days after sending the notice.
5.5 If the Goods ordered by the Buyer have been handed over to the courier company, the courier company shall contact the Buyer in advance to specify the time of delivery of the Goods.
5.6 The courier company delivers the Goods to the address indicated by the Buyer when placing the order. It is not possible to change the destination later.
5.7 The Buyer must monitor the accuracy of the contact information provided when placing the order in order to avoid delays and misunderstandings in the delivery of the Goods. The Seller and the courier company are not responsible for the delay in the delivery of the Goods and any misunderstandings if the delay or misunderstanding is due to the inaccuracy or inaccuracy of the information provided by the Buyer when placing the order.
5.8 The Goods are handed over to the Buyer together with the delivery note, and before signing the delivery note, the Buyer is obliged to inspect the Goods immediately and carefully and to check the quantity, quality, type, description and packaging of the Goods. In case of non-compliance of the quantity, composition and/or quality of the goods, a note to this effect must be noted on the delivery note, after which we ask the Buyer to notify the Seller of the non-compliant shipment as soon as possible, but no later than within 3 working days by e-mail at epood@noto.ee. Photos of the damaged package must be taken immediately and the damaged package must be kept until the claim is resolved.
5.9 Upon receipt of the Goods and their use, the Buyer must take into account that he, if possible, opens the packaging of the Goods without damaging it and preserves the packaging of the Goods, as well as Factory stickers and batch numbers affixed to the goods in order to exclude the risks associated with them if they wish to withdraw from the contract, in accordance with the Conditions established in clause 6.
5.10 The transport prices shown in the shopping cart are valid within the Republic of Estonia. If the destination of the Goods purchased by the Buyer is outside the Republic of Estonia, the Seller shall specify the term of delivery of the Goods to the destination with the Buyer for each Goods separately. The exact conditions of delivery of goods outside the Republic of Estonia depend on the conditions and practices of the international transport company.
6. Withdrawal from the sales contract and return of the goods
6.1 The Buyer has the right to cancel his order within 24 hours after paying for the Goods but before delivery of the Goods by sending a corresponding notice to the Seller’s e-mail address epood@noto.ee together with the order number and the bank account number.
6.2 The Buyer who is a natural person has the right to withdraw from the sales contract within 14 calendar days from the receipt of the Goods. Receipt of the Goods shall be certified by the Buyer’s signature on the Goods delivery note together with the date of receipt of the Goods. In order to withdraw from the sales contract, the Buyer must submit to the Seller a withdrawal form in a form that can be reproduced in writing within the specified term, in which the Buyer wishes to get back the price and delivery costs of the Goods To exercise the right of withdrawal, the Buyer may use the sample withdrawal form under the 14-day right of withdrawal of the Conditions. The buyer shall be deemed to have fulfilled the obligation to return the thing on time if he or she has returned the thing which was the object of the contract within 14 days as of the date of making the withdrawal application.
6.3 The Buyer who is a natural person has no right to clause 6.2 of the Conditions. withdraw from the sales contract on the basis of the contract if the Goods which are the object of the sales contract are:
6.3.1 Goods specially ordered for the Buyer, taking into account the Buyer’s personal needs;
6.3.2 Goods which, due to their nature, cannot be returned, which are perishable or which have expired;
6.3.3 Tile mixtures, joint mixtures and other cleaning and maintenance products, if the Buyer has opened the packaging of the goods.
6.3.4 Goods, the handling or storage of which have not followed the manufacturer’s conditions or the instructions given on the Seller’s website for a specific Goods, and as a result of which there is a reason to assume that the quality of the Goods will be damaged or the Goods will become unusable.
6.4 The returned Goods must be complete (include the product packaging and all items included in the product packaging). If the Goods have been purchased as part of a campaign in which another Goods have been added to the Goods, the Buyer must return the entire set (ie all Goods). The goods must be in a condition that can be expected when the goods are inspected in the store.
6.5 Transport costs related to the return of the goods must be paid by the Buyer according to the chosen return method. If the Buyer is able to return the Goods on the basis of the same door code as the order has been received and the return is therefore at the expense of the Seller, the Seller has the right to offset the return cost from the amount to be returned.
6.6 If, as a result of the inspection of the condition of the Goods performed by the Seller after the return of the Goods, it has become clear that the Goods to be returned have deteriorated, the Buyer shall be compensated for the decrease in the value of the thing. The Seller may submit a request to this effect no later than within 14 days as of the return of the Goods. The Seller has the right to set off the decrease in the value of the Goods with the amount paid by the Buyer for the Goods and to be returned to the Buyer.
6.6.1 The Buyer is obliged to indemnify the value of the Goods if the Goods have been processed by the Buyer, damaged, encumbered with the rights of a third party, etc.
6.6.2 If the Buyer does not agree with the decrease in value indicated in the set-off notice, the Buyer has the right to involve an independent expert to determine the decrease in value of the product. The costs related to the expertise shall be divided in half between the Buyer and the Seller, unless the position of one of the parties proves to be unfounded. In such a case, the costs of the expert examination shall be borne by the party whose position was manifestly unfounded.
7. Procedure for submitting claims and the Seller’s liability in case of non-conformity of the Goods
7.1 Right to file claims
7.1.1 The Seller is responsible for non-compliance of the Goods with the contract conditions and defects that appear within 2 years from the handing over of the Goods to the Buyer. During the first year after the delivery of the Goods to the Buyer, it is assumed that the defect was already present at the time of delivery. It is the responsibility of the Seller to refute the relevant assumption. In the event of a claim, within the first six months from the handover of the Goods to the Buyer, the costs related to the repair of the Goods or the replacement of the Goods, in particular transport, postal, labor, travel and material costs, shall 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.
7.1.2 If there is a defect in the Goods, please stop using the Goods.
7.1.3 In case of defective Goods, the Buyer has the right to submit a complaint to the Seller. The complaint must be submitted immediately, but not later than within two months from the discovery of the defect in the Goods. In case of non-compliance or defects of the goods, please send a complaint to the e-mail address epood@noto.ee, stating the Buyer’s name, contact telephone number, order number and the exact description of the non-compliance or defect of the product. In order to resolve claims, the Buyer must keep the purchase documents (invoice, contract, etc.) that prove the purchase of the Goods. Without a document certifying the sale, the Seller may not solve the problem.
7.1.4 All claims will be reviewed and the Buyer will be contacted as soon as possible, but not later than within 15 days from the receipt of the claim.
7.1.5 The Buyer has the right to demand from the Seller a reduction of the purchase price or termination of the contract and a refund of the goods if the Seller is unable to replace the Goods; Replacement of the goods fails; The Seller has not eliminated the defect of the Goods within a reasonable time and the Buyer has caused unreasonable inconveniences as a result.
7.1.6 In the event of non-compliance of the Goods with the terms of the contract, the Buyer may rely on the legal remedies provided by law, including demanding performance of the contract, lowering the price, demand compensation for damage and canceling the contract.
7.1.7 In the event of cancellation of the contract, the Buyer shall be returned within 14 days as of the making of the decision.
7.2 Liability of the Seller in case of non-conformity of the Goods
7.2.1 The right to submit a claim in case of non-conformity of the Goods is two years from the delivery of the Goods to the Buyer. The two-year right to file a claim extends to both individuals and companies.
7.2.2 The Seller shall not be liable for defects in the Goods that have arisen due to improper use, maintenance or damage to the Goods.
7.2.3 In addition to the right to submit a claim, the Buyer also has other rights arising from law. In the event of non-compliance with the terms and conditions of the Contract, the Buyer may rely on the legal remedies provided by law, including demanding performance of the contract, lowering the price, claiming compensation for damage and canceling the contract.
7.2.5 In case of cancellation of the Contract, the Buyer shall receive the return received on the basis of the Contract within 14 days as of the making of the decision.
8. Change of conditions, settlement of disputes
8.1 The Seller has the right to change the Terms in part or in full unilaterally and without prior notice. The changes will take effect as of their publication on the website www.notopro.lv. If the Buyer submitted the order before the amendments to the Terms come into force, the legal relationship between the Buyer and the Seller shall be governed by the Terms in force at the time of placing the order, unless otherwise provided by law or the Terms.
8.2 The parties to the Terms and Conditions shall be liable to each other for the damage caused by the violation of the Terms and Conditions in the cases and to the extent provided by the legislation in force in the Republic of Estonia. The Seller shall not be liable for damage caused to the Buyer or delay in delivery of the Goods if the damage or delay in delivery of the Goods is due to a circumstance which the Seller could not influence and the arrival of which the Seller did not and could not foresee (force majeure).
8.3 In case of complaints about the Seller’s e-store, the Buyer has the right to forward them by e-mail to epood@noto.ee.
8.4 If the Seller has refused to resolve the Buyer’s complaint or the Buyer does not agree with the solution proposed by the Seller and considers that his rights or interests have been violated, the Buyer may submit a complaint to the Consumer Disputes Committee via the Consumer Protection Board, http://ec.europa.eu/odr through or to a court. The terms of the procedure can be found here. The commission is free of charge for the Buyer and the value of the transaction must be over 30 euros. The buyer may lodge a complaint himself or through a representative. The data of the Consumer Disputes Committee are available on the website of the Consumer Protection Board. The Consumer Disputes Committee is competent to resolve disputes arising from the contract concluded between the Buyer and the Seller. To solve problems that arise in the Member States of the European Union, contact the European Union Consumer Advice Center. In the event of recourse to a court, the Buyer and the Seller have agreed on the court of the Seller’s location as the agreed jurisdiction.
8.5. In addition, the Buyer may lodge a complaint about goods or services purchased online through a website set up by the European Union and find an independent third party to resolve the dispute (the “Dispute Settlement Body”).
9. Processing of personal data
9.1. By entering and confirming the data in the online store, the Buyer grants the right to collect and process the Buyer’s personal data (name, contact telephone number, parcel delivery and / or home address, e-mail address) and to forward personal data to the logistics partner for delivery. Personal data is transferred only to the extent necessary to the companies necessary for the delivery of the goods – Itella SmartPOST OÜ, ViaExpress OÜ or other partners.
9.2. Notoa’s online store has the right to use the Buyer’s residence or location address to transmit advertising and other information to the Buyer.
9.3. The buyer has the right at any time to prohibit the collection and use of his personal data, unless it is necessary for the collection of a claim arising from the contract or for the delivery of the goods.
9.4. The use of electronic personal data for direct mail will only take place if the Buyer has given his / her separate consent on the website.
9.5. When paying for purchases with encrypted data communication with banks, the Buyer ensures the security of personal bank IDs and the Seller does not have access to them.
10. 14 day right of withdrawal
10.1. The Buyer who is a natural person has the right to withdraw from the sales contract within 14 calendar days from the receipt of the Goods (according to clause 6 of the Terms of Use). Receipt of the Goods shall be certified by the Buyer’s signature on the Goods delivery note together with the date of receipt of the Goods.
10.2. The Buyer cannot return the Goods if the product has been specially ordered for the Buyer, taking into account the Buyer’s personal needs or taking into account the conditions provided by the Buyer.
10.3. In order to withdraw, the Buyer must send a withdrawal application to the e-mail epood@noto.ee, where the returned goods, invoice number and current account number to which the amount paid for the Goods will be returned are indicated.
10.4. The transport costs related to the return of the goods must be paid by the Buyer according to the chosen return method. If the Buyer is able to return the Goods on the basis of the same door code with which the order was received and the return is therefore at the expense of the Seller, the Seller has the right to offset the return cost from the amount to be returned.
10.5. When using the Itella SmartPost parcel machine or Itella SmartPost courier service, please send the Goods to Tallinn Lasnamäe Centrum (RIMI) Mustakivi tee 13, Tallinn parcel machine. In other cases, the Goods must be returned to the warehouse of Noto OÜ, Liivalao 11, Teriminal 27-29, Tallinn.
10.6. The Seller shall transfer the money for the returned Goods to the Buyer’s current account within 14 days from the receipt of the withdrawal application. The Buyer is obliged to deliver the returned goods to the Seller within 14 days of sending the withdrawal application. If the Goods have not reached the Seller within the specified term, the repayment term shall be extended until the day when the Goods have reached the Seller. The returned Goods must be complete (include the product packaging and all items included in the product packaging) and unused. If the Goods have been purchased as part of a campaign in which another Goods have been added to the Goods, the Buyer must return the entire set (ie all Goods).
Withdrawal application in .doc format or e-mail with information:
To:
OÜ Noto
Veerenni 24, 10135 Tallinn
e-mail address epood@noto.ee
I would like to withdraw from the contract, the subject of which is the following Goods_________________________________ (Name of the goods and article number if it is available on the sales invoice)
Sales invoice number of returned Goods _________________
Date of sales invoice / Date of receipt of goods _________________
Buyer’s name _________________
Buyer’s address _________________
Buyer’s e-mail address and contact telephone number _________________
Refund current account number EE _________________
Date of dispatch of the application _________________
Name of the sender of the application (also the sender’s signature on paper) _________________