Terms and conditions
1. Applicability of general terms and conditions
1.1 The general terms and conditions apply to the legal relationship between Thaya Shop&Salon’s customers (hereinafter the customer) and the owner of Thaya Shop&Salon online shop THAYA FOORUM OÜ (hereinafter thaya.ee/pood) that arise from buying products.
1.2 The general terms and conditions must comply with the laws of the Republic of Estonia and, if necessary (in case of disputes or lack of information), are complemented by the laws.
1.3 In addition to the general terms and conditions, the relationship between the customer and thaya.ee/pood is regulated by the thaya.ee/pood product information, price list, purchasing information and established good practice.
1.4 thaya.ee/pood reserves the right to change these conditions and the prices of the products unilaterally for the purpose of efficiency, competitiveness, further development and renewal of product range or reorganisation. Changes to and renewal of the conditions and prices come into effect as of the moment the corresponding information is displayed on the websites www.thaya.ee or www.thaya.ee/pood. If the customer submits their order before the changes to the conditions come into effect, the conditions that were effective at the time of submitting the order are applied to the customer, unless stipulated otherwise in these conditions or laws.
1.5 thaya.ee/pood and the customer want to trade through the website of thaya.ee/pood at www.thaya.ee upon the conditions stipulated in this document. By preparing an order and making a prepayment on the website of thaya.ee/pood, the customer confirms that they have read and agree to the terms and conditions.
1.6 The pictures of products are illustrative.
2. Thaya Shop&Salon price list
2.1 The prices of the products sold at the online shop of thaya.ee/pood are presented in euros and do not include the delivery cost. All prices in the online shop include 20% of VAT.
2.2 The delivery price depends on the type of delivery chosen by the customer upon placing the order.
2.3 thaya.ee/pood reserves the right to adjust prices. If the customer submits the order before the price change takes effect, the price that was valid during the time of ordering as indicated in the prepayment invoice is applied.
3. Shopping bag and ordering
3.1 The customer’s shopping bag is created by clicking the button “ADD TO SHOPPING BAG”.
3.2 Adding a product to the shopping bag does not oblige the customer to make a purchase.
3.3 The customer can change the quantity of products in the shopping bag and remove items from the shopping bag.
3.4 The items in the shopping bag are available to other customers of thaya.ee/pood until the order is confirmed.
3.5 The customer clicks “ORDER” to place an order.
3.6 When ordering, the customer selects the preferred delivery and payment method and checks that the information regarding the “Recipient of invoice” and “Recipient of items” is correct.
3.7 The proper delivery of items purchased by the customer depends on whether the information presented in the order is correct. After clicking “Submit order”, an automatic prepayment invoice is sent to the customer’s e-mail address.
3.8 The contract of sale is considered to have been concluded if the customer has paid at least 50% of the sum to be paid on the basis of the prepayment invoice within 2 calendar days to the bank account of THAYA FOORUM OÜ (SEB EE961010220119686017). The order is dispatched if 100% of the sum to be paid on the basis of the prepayment invoice is transferred to the bank account of THAYA FOORUM OÜ.
4. Paying for the order
4.1 On the basis of the prepayment invoice with a bank transfer.
4.2 If the customer has confirmed the order, a prepayment invoice is sent immediately to the e-mail address provided by the customer, which is the basis for paying for the order.
4.3 If an order confirmation has not been sent to the customer’s e-mail address within 1 hour from placing the order, please contact firstname.lastname@example.org.
4.4 The prepayment invoice indicates the items ordered by the customer and the contact information for delivering the order. The prepayment invoice also indicates the information of thaya.ee/pood and the bank account of THAYA FOORUM OÜ to which the payment can be made.
4.5 If the customer wants to reserve a product, they shall pay 50% of the sum to be paid on the basis of the prepayment invoice and shall note the date when they wish to pay the remaining amount under “Comments” upon making the payment. The order is dispatched if 100% of the sum to be paid on the basis of the prepayment invoice is transferred to the bank account of THAYA FOORUM OÜ. The reservation fee is not returned if the customer withdraws the order.
4.6 If the customer has not paid the prepayment invoice within 4 calendar days as of the issuing of the prepayment invoice, thaya.ee/pood considers that the customer has decided to withdraw the order, and cancels the order.
5. Shipping and delivery
5.1 Pursuant to clause 3.8 of the conditions and provided that clause 1.5 has been fulfilled, the items shall be shipped to the address provided by the customer in the order after the contract comes into effect.
5.2 The customer can select one of the following delivery methods:
5.2.1 By Itella SmartPOST and Omniva in the Republic of Estonia for the fee of EUR 0 if the value of the order is more than EUR 30.
5.2.2 By Itella courier service (door-to-door delivery), ELS courier service (door-to-door delivery) and DPD courier service (door-to-door delivery) in the Republic of Estonia for the fee of EUR 0 if the value of the order is more than EUR 50.
Pick up at Thaya Shop&Salon in Tallinn (Narva mnt 5, FOORUM shopping centre) EUR 0
Itella SmartPOST EUR 2.40
Omniva parcel machine EUR 2.40
Itella Smart courier service EUR 3.75
ELS courier service (door-to-door) EUR 3.70
DPD courier service (door-to-door) EUR 3.70
5.3 thaya.ee/pood reserves the right to change the delivery methods.
5.4 The precision and correctness of the information presented in the order helps avoid delays and misunderstandings in delivery. thaya.ee/pood and Smartpost are not liable for delays and misunderstandings in delivery if the delay or misunderstanding is caused by incomplete or incorrect information presented by the customer in the order.
5.5 If the delivery address changes, thaya.ee/pood asks the customer to forward the new information as soon as possible. If the order has already been dispatched, it is not always possible to change the delivery address.
5.6 If thaya.ee/pood has dispatched the order, a corresponding notification is sent to the customer’s e-mail address.
6. Cancelling and returning the order
6.1 thaya.ee/pood has the right to cancel the customer’s order if the invoice has not been paid within 4 calendar days or by the term of payment requested by the customer.
6.2 The customer has the right to cancel their order after making the prepayment for the order but before the order is delivered by notifying thaya.ee/pood by e-mail (address email@example.com) with a corresponding declaration. Please note the invoice/order number in the declaration. The first 7 euros paid as a prepayment are not returned to the customer. The remaining sum paid as a prepayment is returned to the customer’s bank account within 2 work days but no later than in 30 work days as of submitting the declaration.
6.3 If the items are not suitable for or do not meet the expectations of the customer, the customer has the right to return the items within 14 work days as of receiving the items. The returned items must be undamaged, unused, labelled, in the original package and properly packed.
6.4 The money for the returned items is transferred to the customer’s bank account within 2 work days but no later than within 30 work days as of the time thaya.ee/pood received the items. In order to return the items, the customer shall send a corresponding notification to the e-mail address firstname.lastname@example.org.
6.5 The customer shall cover the costs of returning the items.
The customer shall cover the costs of returning the items to a regular extent that shall not exceed 10 euros, except for when the delivered item does not comply with the order.
6.6 If the customer wants to exchange the returned item for another item or the same item in a different size, the customer covers the shipping costs of the returned item. thaya.ee/pood shall cover the costs of shipping the new product one time only. The customer shall cover the costs of each following exchange.
6.7 thaya.ee/pood shall cover the costs of returning the items if the items are damaged in a way that could not be determined upon external inspection and the damage has not occurred upon opening the package or if the delivered item is not the ordered item.
6.8 If the returned item has deteriorated and the deterioration is caused by circumstances not dependent on thaya.ee/pood and due to the non-purposeful use of the item, thaya.ee/pood has the right to set off the diminished value of the item against the amount paid by the customer for the item, which is to be returned to the customer.
7. Warranty and returning non-conforming items
7.1 Pursuant to the Law of Obligations Act (Chapter 11, subsection 218 (2)) of the Republic of Estonia, the customer may file a claim within two years as of receiving an item. It is presumed that any deficiency that becomes apparent within six months as of the date of delivery existed before the delivery and the seller shall determine the nature of the deficiency.
7.2 If the deficiency is technological, the customer may request that the item be repaired or substituted, if repairing the item is impossible or inefficient. It is possible to request that the money be returned if substituting the item has not become possible within a reasonable time due to the lack of a suitable substitute item (Law of Obligations Act, chapter 11, subsection 222 (1)).
7.3 Upon the occurrence of an unexpected deficiency the customer shall send an e-mail to the e-mail address email@example.com with the following information: name and contact information of the customer; date of filing the complaint; deficiency (please also add photos); the claim to thaya.ee/pood; invoice number (if possible, add the copy of the invoice).
7.4 thaya.ee/pood is not liable for:
7.4.1 damage to the product caused by the customer or the customer’s carelessness (item falls on the ground)
7.4.2 the natural physical wear of the product that occurs with regular use.
8. Liability and force majeure
8.1 thaya.ee/pood is liable to the customer for the damage caused by breaching these conditions in the cases and to the extent stipulated in the laws of the Republic of Estonia.
8.2 The customer is liable to thaya.ee/pood for the damage caused by breaching these conditions in the cases and to the extent stipulated in the laws of the Republic of Estonia.
8.3 A party is not liable to the other party (and their actions are not considered a breach of these conditions) for to the delayed performance or non-performance of any obligation if the reason for the delay or non-performance could not be controlled by the said party (force majeure).
8.4 thaya.ee/pood does not award compensation for moral damage that might be caused to the customer by changing the delivery times, prices and other terms in these conditions.
8.5 thaya.ee/pood does not compensate the customer’s expenses caused by the customer taking on third-party obligations (not dependent of thaya.ee/pood) on conditions that contradict these conditions.
8.6 thaya.ee/pood does not award compensation to the customer for loss of opportunity caused by changing the delivery times, prices and other conditions.
9. Other conditions
9.1 thaya.ee/pood shall use the personal information provided by the customer only for filling the customer’s order. The information is processed confidentially and is not disclosed to third parties, except when this is required by the method of delivery chosen by the customer and in cases provided by the law.
9.2 thaya.ee/pood reserves the right to send the customer information about new products and special offers if the customer has subscribed to the thaya.ee/pood newsletter. The customer has the right to request that their information be deleted from the thaya.ee/pood database.
9.3 In matters not regulated by these conditions, the customer and thaya.ee/pood proceed from the applicable laws of the Republic of Estonia and other acts regulating the relationship of the parties.
9.4 Any disputes and arguments arising from performing these conditions are solved by the parties primarily through negotiations. If the disputes arising from the contract cannot be solved through negotiations, the customer and thaya.ee/pood have the right to turn to the Consumer Protection Board or have recourse to the court.
10. Final provisions
10.1 The laws of the Republic of Estonia are applied to these conditions and the sales contracts of thaya.ee/pood online shop. If a provision of the terms and conditions is invalid, it does not affect the validity of other conditions or the sales contract. The invalid provision is replaced with a legal provision that is legally and economically the most similar to the invalid provision.