1. GENERAL PROVISIONS
1.1 These General Terms and Conditions for the Use of the BRAND NO.8 Online Store (the “Terms and Conditions”) apply to your purchases on the BRAND NO.8 Online Store at https://no8brand.com.
1.2 E-shop BRAND NO.8 – www.no8brand.com – is owned and products are sold by CREALIA OÜ (hereinafter the Seller).
Registration code: 12514566
Legal address: Hariduse tn 13-1, 10119 Tallinn, Estonia
Store address: Pärnu mnt 42, 10119 Tallinn, Estonia
Phone: +372 55 65 65 89
1.3 The Terms apply to all legal relationships between any person (hereinafter “Customer”) and the Seller in the purchase of Products through the BRAND NO.8 Online Store. In addition to these terms and conditions, legal relationships arising from the purchase of products from the Online Store are governed by the laws of the Republic of Estonia.
1.6 All photos and materials published on the web-site https://no8brand.com are copyrighted by the owner of the website CREALIA OÜ.
2.1 The prices of the products sold in the e-shop and information about the products are indicated on the products` pages.
2.2 All prices of products in the e-shop include 20% VAT and are expressed in Euro.
2.3 The prices, discounts, offers and campaigns of e-shop products may vary from the retailer’s retail store prices, discounts, offers and promotions.
2.4 Delivery fee is added to the price. The delivery fee will be shown to the buyer when placing the order. Delivery prices are set out in section 5.
2.5 The delivery fee will not be added if the customer chooses to pick up the purchased product at the CREALIA OÜ store at Pärnu mnt 42, Tallinn.
3. PAYMENT METHODS
3.1 The Customer shall pay in full the Selling Price of the Product and the Delivery Fee in advance in Euro.
3.2 The order can be paid for using the bank links in Estonia or on a prepayment invoice.
3.3 Payment by bank link:
3.3.1 The order can be safely paid for via Estonian bank links (Swedbank, SEB, LHV).
3.3.2 Payment by bank link is made outside the e-shop in a secure bank payment environment and the seller does not have access to the customer’s bank details and account.
3.3.3 Bank links are used for payment as follows: after placing an order, the customer can select a suitable bank link and the customer is directed to the selected Internet bank. To make a payment, the customer logs in to their Internet bank and after logging in they see a pre-filled payment order. The customer must then confirm or cancel the payment order. After successful payment, the customer must click on the “Back to Merchant” button.
3.3.4 By clicking on “Back to Merchant” the successful payment information is immediately sent to the e-shop and allows the seller to process the customer’s order the fastest.
3.3.5 A successful order and payment will be emailed to the customer with a confirmation and invoice.
3.4 Payment by prepayment invoice:
3.4.1 The customer can also pay for the order on the basis of a prepayment invoice.
3.4.2 Payment on the basis of a prepayment invoice is as follows: after placing an order, the customer can choose “payment by invoice” as the payment method. A prepayment invoice will then be sent to the customer’s email address along with any necessary payment visits.
3.4.3 The customer can pay the prepaid invoice in one or several installments at the same time in his / her Internet Bank or bank branch as described in the prepayment invoice.
3.4.4 After full payment of the prepayment invoice, the seller will process the order. If the payment is not credited to the e-store’s current account within 3 working days, the order will be automatically canceled.
3.4.5 The seller shall send the customer an email confirmation and invoice regarding the order confirmation and receipt of payment.
4.1 Products can be purchased by logging in to the e-shop as a registered user or a guest (anonymous customer).
4.2 To order products, add the desired products to the shopping cart by clicking on the “Add to basket” button. To see the contents of your shopping cart, select the “Shopping Cart” button in the top left corner of the web page.
4.3 Before confirming an order and making a payment, the customer checks the correctness of the shopping cart.
4.4 When placing an order, the Client undertakes to provide correct, valid and truthful information. The e-shop shall not be liable for any impossibility or any consequences resulting from incorrect data submitted during the execution of the order.
4.5 To place an order, fill in the required fields, select the appropriate delivery and payment method, and accept the terms of sale. The amount of the fee will then be displayed, which can be paid according to the chosen payment method. After paying with the bank links, be sure to press the “Back to Merchant” button. By choosing “payment by invoice” as the payment method, the customer will be sent a prepayment invoice to the e-mail address, payable within 3 business days.
4.6 The Sales Agreement shall enter into force upon receipt of the amount due into the e-shop current account.
4.7 The Seller shall send the customer an email confirmation and invoice regarding the order confirmation and receipt of payment. In addition to the electronic invoice, the Customer has the right to request the Seller to issue a paper invoice. E-shop issues invoices on paper only upon customer’s request. Electronic invoices save the environment!
4.8 If the purchase price indicated on the invoice does not correspond to the price stated in the order confirmation, the customer has the right to demand an invoice corresponding to the order confirmation, except in cases where the incorrect purchase price indicated in the order is due to technological error
4.9 Orders placed will be processed from 9 am to 5 pm on weekdays. If the order is placed and the amount due is credited to the seller’s bank account after 2pm on Friday, the order will be processed the following Monday.
4.10 If the ordered product cannot be delivered due to the expiration of the product or for any other reason, the Purchaser shall be notified at the earliest opportunity and the money paid (including delivery costs) shall be refunded immediately, but not later than within 7 days of dispatch.
5.1 The customer can choose Omniva parcel terminal or pick up the goods at Pärnu mnt 42, Tallinn.
5.2 Omniva parcel terminal:
5.2.1 By choosing Omniva parcel terminal as the delivery method, the goods will arrive at the parcel terminal of the customer’s choice within 5 working days of receiving the order amount on the e-shop current account. On average, the goods reach the customer within 2-3 business days.
5.2.2 The cost of the Omniva parcel terminal service is EUR 4.99.
5.2.3 Upon delivery of the product to the parcel terminal, the customer shall be notified by SMS message, which shall include a unique door code, the location of the parcel terminal, the end of the storage period and the return code for opening the parcel terminal door.
5.2.4 The incoming parcel is stored in the parcel terminal for 7 days. Before the term of the deposit has been met will be sent back to the client reminder SMS.
5.2.5 If the customer cannot arrive before the expiry of the storage period, he / she must contact Omniva customer service at least 1 day prior to the expiry of the parcel storage period by calling 661 6616 or sending an application to email@example.com . The parcel storage period can be extended for up to 7 calendar days.
5.2.6 In the event that the customer has not taken out ordered goods from parcel machine at the end of the storage period, the goods shall be returned to the e-shop and the seller shall consider that the customer has canceled the order. In this case, the Seller shall refund the purchase amount to the customer immediately, but not later than within 14 calendar days, to the same bank account from which the purchase was paid. In this case, the customer is obliged to reimburse the return costs.
5.3 If the customer wishes to pick up the goods himself/herself, the goods will arrive at the e-shop on the next working day from the moment the order is received. In this case, there will be no shipping charge. If the customer does not pick up the goods within 14 days after the order is confirmed, the seller has the right to withdraw from the contract of sale and returns the money received for the order to the customer’s current account within 14 working days. Before canceling the contract (at least 3 days in advance), the seller will send a reminder to the customer’s email address.
5.4 The Seller’s obligation to deliver the goods shall be deemed fulfilled upon delivery of the goods to the customer.
5.5 The Seller is responsible for the goods purchased by the Customer during transportation. Upon receipt of the goods, the risk of damage or loss of the goods shall pass to the customer.
5.6 The Online Store shall not be liable for any delay in the delivery of the goods if the goods have been delivered to the logistics partners on time, but the delay in delivery is due to circumstances beyond the seller’s control or foreseeability. If there is a delay in the fulfillment of the order for any reason, the seller will contact the customer immediately.
6. RIGHT OF REFUND AND EXCHANGE
6.1 The Customer shall have 14 days to examine the Products, during which time the Customer shall be responsible for verifying the completeness of the order and compliance with the terms of the sales agreement, and shall immediately inform the Seller of any defects in the Products.
6.2 Upon the entry into force of the sales contract, the customer has the right of withdrawal from the contract and the right to exchange the goods.
6.3 Right of withdrawal:
6.3.1 If the products received are unsuitable for the customer, the products do not meet the terms of the contract of sale or the customer’s requirements, or the order was incomplete, the customer has the right to withdraw from the contract within 14 days of receiving the order pursuant to Law of Obligations Act § 59 (1)
6.3.2 The right of withdrawal does not apply if the customer is a legal person.
6.3.3 To withdraw from the contract of sale, the customer must submit a withdrawal request and send it to the seller’s email address firstname.lastname@example.org no later than 14 days after receipt of the goods. The customer is deemed to have withdrawn from the contract of sale on time if he has sent the seller a notice to that effect within the withdrawal period.
6.3.4 Upon receipt of a notice of withdrawal, the Seller shall promptly, but no later than 14 days after, return to the Customer any fees received from the Customer under the Agreement, including delivery costs incurred by the Customer, provided that the Goods are returned to the Seller within the same time. The Seller shall have the right to refuse to make the refunds referred to in this clause until the Customer has returned to him the items which are the subject of the contract of sale or has provided proof that he has returned the items.
6.3.5 The refund to the Customer shall be made to the same current account from which the Customer paid for the returned order. In the event of a partial return of the order and the delivery cost added to the order, the seller may refund the delivery cost in proportion to the returned products.
6.3.6 Upon cancellation of the contract of sale, the customer undertakes to return the goods to the seller without delay, but not later than 14 days after making the cancellation application.
6.3.7 The returned goods must be unused, untraceable and undamaged. The goods must be in their original packaging and all original labels must be attached to the products. In the event of a deterioration of the product value to be returned, the customer shall be liable for any diminished value resulting from the use of the product only if he has used the returned goods in ways other than necessary to ascertain the suitability and characteristics of the goods. In order to ascertain the nature and characteristics of the goods, the customer should only handle and use the goods as they would normally be allowed to do in the regular shop.
6.3.8 The Customer shall be deemed to have fulfilled the obligation to return the item on time if he has returned the item at:
188.8.131.52 within the time limit specified. If the Omniva parcel terminal was chosen as the delivery method, the goods can also be returned via the parcel terminal using the return code / parcel code contained in the original SMS. If you use a refund code, the refund is free of charge and the refund will reach the e-shop within 3 business days. The customer shall bear the direct cost of returning the goods by choosing another method of return. Upon receipt of the products, the e-shop will immediately send a confirmation to the customer’s e-mail address.
6.3.9 The 14-day right of withdrawal does not apply to a product that is not eligible for return for health or hygiene reasons (such as underwear, swimwear, and sunscreen). The above products are subject to a 14-day return policy only if the customer has not opened the package.
6.3.10 In the event that the customer has intentionally or negligently damaged or damaged the returned goods, the seller has the right to refuse to return the goods or to claim compensation for the damage caused.
6.4 The Seller shall have the right to withdraw from the sales transaction and to reclaim the Goods from the Buyer if the price of the goods in the e-shop is mistakenly marked below the market price of the goods.
6.5 Exchange of goods:
6.5.1 In addition to the right of withdrawal, the Customer has the right to exchange the ordered Products for another size or another item. The customer can exchange the goods purchased in the e-shop within 14 days from the day of receipt of the goods.
6.5.2 In the event of exchange, the desired products must be pre-booked by writing to the free-form email at email@example.com. Please indicate in the e-mail: invoice or order number and date, date of receipt of the goods, goods to be replaced (name, price, quantity) and desired new goods (name, price, quantity, size, color, etc.).
6.5.3 The Seller shall ship the new Product to the Customer immediately upon receipt of the replacement Product. Upon receipt of the products, the e-shop will immediately send a confirmation to the customer’s e-mail address.
6.5.4 The costs of exchange shall be borne by the seller.
6.5.5 Goods shipped for replacement must be unused, untraceable and undamaged. The goods must be in their original packaging and all original labels must be attached to the products. In order to exercise the 14-day right of exchange, the ordered goods may not be used in any way other than as necessary to ascertain the nature and characteristics of the goods as permitted by the trial in the ordinary physical store. If the goods have been used for purposes other than those necessary to ascertain the nature and characteristics of the goods or if they show signs of use or wear, the E-shop shall be entitled to reduce the price of the goods being re-traded according to the value of the goods.
6.6 The Product will be replaced for free at the same price. When switching to a more expensive product, the price difference is borne by the customer. Exceptionally, there is no extra charge when switching to another size or body type of the same product model. There is no compensation for the difference when switching to a cheaper product.
7. COMPLAINT PROCEDURE
7.1 The Seller shall be liable for any lack of conformity to the contract of sale or defects of sold products to the Customer, which shall occur within two years from delivery of the goods to the Customer. Legal entities have a 3 month time limit to file a claim.
7.2 In the event that the purchased item is found to be defective or does not look as described on the Website, the Seller shall repair or replace the purchased item free of charge or reduce its price or fully refund the item.
7.3 The Customer shall only be entitled to claim full or partial compensation if the goods cannot be repaired or replaced.
7.4 In the event of a sale of the Product, it shall be presumed that the non-conformity found during the first 6 months from the date of delivery of the goods to the customer (consumer) already existed at the time of delivery unless such presumption is incompatible with the nature of the defect.
7.5 If the Product is defective after six months, the Customer will still be entitled to a free repair or replacement of the Product, or at least a discount or refund. However, the customer must prove that the product was already problematic upon receipt.
7.6 The Customer undertakes to notify the Seller of the defect or defect in the Goods no later than 2 months after its discovery, ie notify the Seller of the problem by e-mail and submit a claim or the following information: Customer’s name and contact information, invoice or order number, defect and / or defect requirement, if possible photographs, where the defect is apparent to the eye.
7.7 The claim must be sent to the online store within two months of the discovery of the defect. If this deadline is not met, the customer loses the right to request the seller to repair or replace the product.
7.8 In the event of a defective product, please stop using the product immediately.
7.9 All claims will be reviewed as soon as possible, but not later than 15 days after receipt of the claim.
7.10 If repair or replacement of the Product is not possible or fails; if the seller unjustifiably refuses to repair or replace the product or fails to do so within a reasonable time after notifying him of the lack of conformity and the customer does not wish or is unable to have the third party repaired, the customer has the right to withdraw from the sales contract and return the goods to the seller.
7.11 The Seller is not responsible for:
7.11.1 for defects which have arisen after delivery of the goods to the buyer;
7.11.2 damage to the Product caused by the Customer;
7.11.3 for defects caused by improper use of the Product;
7.11.4 natural wear and tear of the product during normal use of the product;
7.11.5 use of the product in conditions or in ways that can be expected to be worn faster than normal;
7.11.6 other cases provided by law
7.12 Disputes between the Seller and the Customer shall be settled by negotiation between the Parties. If no agreement is reached, the customer has the right to contact the Consumer Protection and Technical Surveillance Authority (Sõle 23a, 10614 Tallinn. Tel: 6201707 (consumer advice) and 667 2000 (general information), e-mail: firstname.lastname@example.org, http: //www.ttja. ee) for out-of-court settlement of a dispute or in Harju County Court. In addition, the ODR platform (Online Dispute Resolution), the European Union’s online platform for the settlement of complaints with e-traders, is open to all customers at http://ec.europa.eu/odr.
8. DIRECT MARKETING AND PROCESSING OF CUSTOMER PERSONAL DATA
8.1 The Seller shall use the personal data provided by the customer and data on purchases made in accordance with the Personal Data Protection Act to the extent necessary to fulfill the order placed by the customer in the online shop.
8.2 The Seller shall not forward the Customer’s personal information to third parties, except to the postal or courier company, to the extent necessary for delivery of the Goods to the Customer.
8.3 Personal data is the information that the customer submits when placing an order: given name and surname, postal address, telephone number, e-mail address. This information will be treated confidentially and processed in accordance with the Personal Data Protection Act.
8.4 The Seller does not have access to the customer’s bank details when paying for the goods via the Internet Bank.
8.5 The Seller processes the Customer’s personal data for the following purposes:
8.5.1 fulfillment of an order placed in the e-shop;
8.5.2 managing the customer relations and communication with the customer;
8.5.3 responding to customer inquiries;
8.5.4 legitimate interest;
8.5.5 studying consumer habits;
8.5.6 compilation of sales statistics;
8.5.7 managing and developing e-store services.
8.6 The e-shop will only send newsletters and offers to the customer’s e-mail address if the customer has requested to do so by entering the e-mail address on the website and announcing his wish to receive direct mail notifications.
8.7 The Seller shall take all measures, including administrative, technical and physical measures, to protect the Customer’s personal data. Only authorized persons have access to edit and process data.
8.8 The Customer shall have the right at any time to obtain from the Seller personal data relating to him, to request the correction and transfer of the Customer’s personal data and to terminate the processing of personal data. Please submit your applications electronically to email@example.com . In order to ensure the security of personal data processing, the customer’s application must be digitally signed. The seller has the right to reject the customer’s request if the customer’s identity cannot be established or the transfer of personal data is not secure.
8.9 The Seller shall have the right to carry out a profile analysis of the personal data registered in the Online Store in order to better understand customer expectations and, consequently, to provide better goods and services by enabling more direct marketing.
8.10 CREALIA OÜ is the controller of personal data in the E-shop. CREALIA OÜ has the right to transfer personal data from the e-shop partners to authorized processors in order to provide the best service to our customers. Controllers have the right to process personal data only in accordance with the instructions received from the seller and agreements have been concluded with the processors to keep the personal data confidential.
8.11 If the Customer finds that the processing of personal data in the course of the e-Store service violates the Customer’s rights, the Customer has the right to contact the seller directly by e-mail firstname.lastname@example.org , the Data Protection Inspectorate and the court.
8.12 Using Cookies
8.12.2 Cookies do not endanger the website device.
8.12.3 The following cookies are used in the E-shop:
1. session cookies intended to enable the use of the online store;
2. persistent cookies, designed to remember the customer’s choices in the online store;
3. Third-party analytics cookies aimed at optimizing marketing communications.
8.12.5 In addition to the use of analytical cookies, the e-shop uses pixel tags , web-beacons , which are used to monitor the use of the e-shop www.no8brand.com. In so doing, no personally identifiable information shall be processed.