TERMS AND CONDITIONS OF PURCHASE

1. Scope and Validity of the Terms
1.1 These General Terms and Conditions of the e-shop (hereinafter referred to as the “Terms and Conditions”) of Smartservice Tallinn OÜ (hereinafter referred to as the “Seller”) apply to all persons (hereinafter referred to as the “Buyer/Customer”) who use the www.smartservice.ee e-shop (hereinafter referred to as the “e-shop”), order goods and services (hereinafter referred to as the “Goods”) from the e-shop, including by entering into a purchase and sales contract (hereinafter referred to as the “Sales Contract”) for the purchase of Goods from the e-shop.

By accepting the terms and conditions, the purchaser confirms that he/she has read, accepts and complies with the terms and conditions of the sales contract.

2. Purchasing goods and placing an order in the e-shop.
2.1 It is possible to purchase goods from the e-shop by clicking on the link “Add to basket”. The price of the goods and the availability of the goods are subject to change without notice. If the Buyer has placed an order before the price of the goods has changed, the price valid at the time of the order will apply.

2.2 The Seller has the right to withdraw from the sales contract concluded via the e-shop and to not deliver the ordered goods or provide the service in the following cases: the price or the characteristics of the goods are incorrectly displayed on the e-shop due to a system error.

2.3 Shopping basket and ordering process
You may change the quantity of goods in your shopping basket. If available, enter the coupon code and enter the delivery method. Check the terms and conditions of the online shop.

Click on the “Go to checkout” button and enter the required personal data. If necessary, you can add comments about the order. Select the delivery address (valid e-mail address). Select the payment method, check the order and press the “Place order” button. You will receive an order confirmation. You must be careful when placing your order, as the prompt and uninterrupted delivery of the products ordered depends on it.

The sales contract will be deemed to be concluded upon receipt of the amount due according to the order confirmation in the bank account of Smartservice OÜ. The unpaid order confirmation will not be executed by the seller.

2.4 Payment for the goods

Payment for the products can only be made in EURO via a payment centre (Swedbank, SEB, Luminor Bank, Coop and LHV Bank etc. via bank links).
It is possible to pay by credit card by clicking on the respective payment method and following the instructions on the screen.

After payment, the e-shop will send you an order confirmation.

All personal data disclosed to Smartservice Tallinn OÜ during your visit to the e-shop and during the purchase will be treated as confidential information. The encrypted data communication channel with the banks ensures the security of the buyer’s personal data and bank records. The representatives of Smartservice OÜ do not have access to the respective encrypted data.

2.5 Delivery and handover of products

The goods are delivered to the e-mail address entered by the buyer in the order. The purchaser will be informed of the execution of the delivery via the contact details provided when placing the order.

Please ensure that the contact details provided when placing the order are correct to avoid delays and misunderstandings in the delivery of the products. Smartservice Tallinn OÜ is not liable for any delay in delivery of products and any misunderstandings that may arise in case of delay or misunderstanding.

2.6 Withdrawal from the sales contract and return of goods

The consumer has the right to withdraw from the sales contract within 14 (fourteen) days from the date of delivery of the goods. Please note that the products (gift cards) are electronic.

The goods must be unused at the time of withdrawal. In the event of withdrawal, all gifts and other added value resulting from the sales contract are returnable.

In the case of return of used goods, the seller has the right not to accept the buyer’s request for withdrawal or to offset the cost of the depreciation of the goods against the purchase price to be returned to the buyer. The seller also has the right to set off the value of gifts and other added value at the current retail price in the event of non-return.

If the buyer fails to return the goods within 14 days of the date of the notice of withdrawal, the seller has the right not to accept the withdrawal.

The request for return of the goods and the withdrawal from the sales contract can be communicated to the customer service at www.smartservice.ee using the appropriate form.

In case of withdrawal from the sales contract, the goods can be returned to the Smartservice Tallinn OÜ shop, the address of which is given on the website www.smartservice.ee. You can return the goods by post to the Smartservice Tallinn OÜ e-shop at Tähnase tee 1, Rae parish, Peetri alevik, 75312.

The purchase amount will be refunded within 14 days after the returned goods have reached the seller. The amount paid by bank transfer will be credited back to the account from which the payment was received and according to the payment method used to place the order. In the case of a payment made by credit card, a cancellation request is submitted to the card payment centre.

2.7 Cancellation of a sales contract

You have the right to cancel your order after payment for the goods has been made, but the same conditions apply as for the return of the goods.

3.

3.1 The Seller shall ensure the protection and use of the Buyer’s data, including personal data, in accordance with the terms and conditions of the Privacy Policy. The Buyer confirms that he has read and accepts the terms of the Privacy Policy. Subject to applicable law and the terms of the Privacy Policy, the Seller, without the consent of the Buyer, is entitled to process data (including personal data) to the extent necessary for the use of the e-shop, the performance of the sales contract or to ensure the performance of the sales contract. In particular, as a consequence of the foregoing, the Seller is entitled, without separate consent, to. In order to provide better service to buyers and to verify transactions, the seller shall, without the consent of the buyer, retain the details of orders placed by the buyer logged into the e-shop, including, for a reasonable period of time, orders not completed by the buyer during the course of a session.

3.2 If the Buyer has given his consent to the marketing use of the data at the time of entering into the Customer Agreement or by otherwise confirming his consent (e.g. through self-service), the Seller will use the data for the purposes and under the conditions set out in the Privacy Policy, including for the purpose of sending personalised direct marketing, promotional and discount offers for services and goods to the Buyer by electronic means (e.g. by e-mail or SMS).

3.3 The Buyer has the right to withdraw at any time the consent given for the marketing use of the data, by sending an e-mail to the Seller to that effect or by following the instructions in the direct marketing offer sent to his/her e-mail address to opt out of receiving further direct marketing offers.

4. Liability and dispute resolution

4.1 In the event of non-conformity of the goods with the terms of the contract (defective goods), the consumer has the right to lodge a claim with the seller within 2 (two) years from the date of delivery of the goods. The claim must be lodged without delay, but not later than 2 (two) months from the date of discovery of the defect in the goods. Upon discovery of the defect, the consumer must take reasonable measures to preserve and protect the goods, including not using the defective goods if the use of the goods will further deteriorate their condition.

4.2 In the event of non-conformity of the goods with the terms of the contract, the buyer may invoke the remedies provided by law, including the right to demand the repair or replacement of the goods or to withdraw from the sales contract and return the non-conforming goods.

4.3 Smartservice Tallinn OÜ shall not be liable for: deterioration/damage of the goods caused by the Buyer, defects caused by irregular use of the goods, normal physical wear and tear of the goods during normal use.

4.4 If the goods are covered by a sales guarantee issued by the seller or the manufacturer, the conditions of the guarantee shall be given to the buyer in writing with the goods and/or made available electronically in the e-shop.

4.5 In order to resolve any subsequent problems, the buyer must keep the purchase documents (invoice, contract, etc.) proving that the goods have been purchased from the seller’s e-shop. Without proof of sale, the seller/service provider may fail to resolve the problem.

4.6 Complaints related to goods purchased from the e-shop can be submitted to. 75312, Tallinn; e-mail: shop@smartservice.ee. Complaints are also accepted in the Smartservice Tallinn OÜ shop, the address of which is given on www.smartservice.ee.

4.7 When submitting a claim, the defective goods must also be submitted. The Seller and the Buyer shall enter into an agreement on the maintenance and repair of the equipment, if it is necessary to send the goods for diagnostics or expert examination to determine the nature and cause of the defect.

4.8 In case of defects of the Goods, Smartservice Tallinn OÜ shall be subject to the terms and conditions for filing complaints, which are an integral part of the Sales Contract and these Terms and Conditions of Purchase and which have been confirmed by the Buyer prior to the conclusion of the Sales Contract.

4.9 The Seller will ensure that the goods sold in the e-shop comply with the standards in force in the European Union. The circumstances referred to in these standards shall not be deemed to constitute a defect.

4.10 Information about the order can be requested: Mon-Fri 6 803 510 or by e-mail: shop@smartservice.ee.

4.11. The consumer has the right to contact the competent supervisory authority, which is the National Consumer Protection Board at Sõle 23a, Tallinn, 10614, e-mail: info@ttja.ee. The Consumer Disputes Committee has the competence to settle disputes arising from a contract concluded between a consumer and a trader which the parties have not been able to resolve by agreement. For more information on how to resolve complaints, see http://ec.europa.eu/consumers/odr/.

5. Other terms and conditions

5.1 Product images are illustrative.

5.2 Prices and availability of goods are subject to change without notice. In this case, Smartservice OÜ reserves the right to withdraw from the sale and to refund the money to the customer’s bank account within 10 working days. 5.2.2 Products are subject to change without notice.

5.3 Smartservice OÜ e-shop reserves the right to withdraw from the sale if any of the following problems have occurred with the goods: a human error has occurred when entering the price or a technical error in the system (for example, if a product costing 120 EUR is on sale for 12 EUR, this is an obvious error.). Consequently, we expect that the customer should understand that this is an error and that the product should not be sold at this price).

5.4 Product information will be checked and updated regularly. The information may have been updated since your last visit. We recommend that you check the accuracy of the product information with our customer service team on 6 803 510 before making a purchase, if possible.

6. These terms and conditions of the seller’s e-shop are valid from 01.07.2023.