1. APPLICABILITY OF GENERAL CONDITIONS
1.1 The General Conditions shall apply on legal relationships created between the clients of INTIMATE.ee (hereinafter the Client) and the owner of INTIMATE.ee (hereinafter INTIMATE.ee) Eu Trading OÜ as a result of purchase of products.
1.2. The General Conditions cannot be in contradiction with the valid legislation of the Republic of Estonia and, if necessary, (in case of a dispute or missing information) shall be supplemented by respective legal provisions.
1.3. In addition to the General Conditions, the established good practices, pricelist of the products, and purchase information also regulate the relationships between the Client and INTIMATE.ee.
1.4. INTIMATE.ee reserves the right to unilaterally amend the terms and conditions and prices of products for the purposes of efficiency, competitiveness, further development of its activities, also for the purposes of supplementation or reorganisation of the variety of the products. The amendments and supplements to the terms and conditions and price list will enter into force when the above information is published on the website. If the Client has placed their order before the entry into force of the amendments then the terms and conditions that were effective at the time of placement of the order shall apply with respect to the Client, unless otherwise provided by law or these terms and conditions.
1.5. INTIMATE.ee and the Client trade through the website INTIMATE.ee under the terms and conditions stipulated in this document. By validating the order on the website INTIMATE.ee and executing an advance payment, the Client confirms that they have examined the sales conditions and agrees with these terms and conditions.
2. PRICE LIST
2.1. The prices of products on sale on the website INTIMATE.ee are shown in euros, excluding a delivery cost, and are inclusive of VAT (20%).
2.2. If the Client requests the delivery of products, the transport costs are as follows depending on the method of delivery: 4 euros (Omniva Post Office), 10 euros (international, registered maxi letter), 3 euros (Itella Smartpost), 3 euros (Omniva parcel machine).
2.3. The price of delivery of the products of INTIMATE.ee will be specified in the purchase information and also in the pro-forma invoice issued by INTIMATE.ee.
2.4. INTIMATE.ee reserves the right to amend the prices. If the Client placed their order before the entry into force of the price amendment, then the price indicated in the pro-forma invoice as prepared at the moment of validation of the order will apply to the Client, provided that the order is not cancelled on the ground specified in Clause 6.1.
3. VALIDATION OF ORDER AND PAYMENT
3.1. The Client’s shopping basket is created at the moment the Client clicks on the button ‘Add to the shopping basket’. Adding a product to the shopping basket does not obligate the Client to make the purchase. The Client can change the quantity of products in the shopping basket and, if necessary, remove these from the basket.
3.2. Products in the shopping basket are also available for other Clients until confirmation of the order.
3.3. Upon validation of the order, the Client chooses a method of delivery that is the most suitable for the Client and checks whether the details of the Recipient are correct. Smooth delivery of the product purchased by the Client and possible additional expenses depend on the accuracy of data specified in the order. After pressing the button ‘Place an order’, a pro-forma invoice is sent to the e-mail address of the Client, on the basis of which the Client can make a payment for the products. The pro-forma invoice specifies the products ordered by the Client, contact details, as well as the details of EU Trading OÜ.
4.1. After the entry into force of the contract in compliance with Clause 3.3. of the terms and conditions and provided that Clause 1.5. is fulfilled, the products will be delivered to the address which the Client has indicated in the order.
4.2. The Client can choose between four delivery methods: Omniva Post Office – 4 euros, international registered maxi letter – 10 euros, Itella Smartpost – 3 euros, Omniva parcel machine – 3 euros.
4.3. In case of change of delivery details, INTIMATE.ee asks the Client to give a notice about the new details as soon as possible. If the products have already been posted, it is not possible to change the destination.
4.4. The accuracy and correctness of information presented in the order are required for avoiding delays and misunderstandings upon the delivery of products to the Client. In case of an express consignment, it is important that the Client specifies their phone number when placing the order. INTIMATE.ee and the AS Eesti Post will not be held liable for delays and misunderstandings in the delivery if the delay or misunderstanding is caused by inaccurate information which the Client submitted when placing the order.
5. CANCELLATION OF THE ORDER AND GUARANTEE
5.1. INTIMATE.ee reserves the right to cancel the order of the Client if the Client has failed to pay the sum indicated in the pro-forma invoice to the bank account of Eu Trading OÜ within 1 working day from the date of issue of the pro-forma invoice. Before cancellation of the order, a reminder is sent to the e-mail address of the Client.
5.2. If the Client receives the ordered products with deficiencies which were not established by visual inspection and which did not occur as a result of opening the package, or if the product is not the one the Client ordered, please immediately inform us thereof by e-mail. The returned products must be unused, with labels, and in original packaging. New products will be sent to the Client either within 3–5 days (if the product is immediately available) or within 2–4 weeks (if the product is available on the basis of an advance order) after receipt of the returned products by INTIMATE.ee.
5.3. If the returned product is damaged and such a situation is caused by the Client’s abnormal use of the product or as a result of circumstances caused by the fault or negligence of the Client, INTIMATE.ee reserves the right not to replace the products.
6. LIABILITY AND FORCE MAJEURE
6.1. INTIMATE.ee will be held liable to the Client for damages caused by the INTIMATE.ee’s breach of the terms and conditions in cases and to the extent stipulated in the valid legislation of the Republic of Estonia.
6.2. The Client will be held liable to INTIMATE.ee for damages caused by the Client’s breach of these conditions in cases and to the extent stipulated in the valid legislation of the Republic of Estonia.
6.3. Neither of the Parties will be held liable to the other Party and their behaviour will not be deemed to constitute a breach of the terms and conditions due to delay in the performance or non-performance of any of their obligations if the reason for the mentioned delay or non-performance was outside the control of the mentioned Party (force majeure).
6.4. INTIMATE.ee will not compensate for moral damage that the Client may suffer as a result of changes in the delivery time, prices, and other terms and conditions within the framework of the terms and conditions.
7. OTHER PROVISIONS
7.1. INTIMATE.ee will use personal data provided by the Client only for the performance of the purchase order of the Client. INTIMATE.ee will not disclose to third parties information that it has become aware of in the course of purchases, with the exception of AS Eesti Post and in cases prescribed by the law.
7.2. INTIMATE.ee reserves the right to send to the Client information about new products and special offers if the Client has ordered the newsletter of INTIMATE.ee. The Client has the right to demand deletion of their data from the database of INTIMATE.ee.
7.3. In questions not regulated in the terms and conditions, the Client and INTIMATE.ee will be guided by the valid legislation of the Republic of Estonia as well as by other legal instruments which regulate the relationship of the Parties.
7.4. Above all, the Parties will settle differences and disputes arising from the performance of the terms and conditions by negotiations. If it is not possible to settle the disputes arising from the Contract by negotiations between the Parties, both the Client and INTIMATE.ee have the right to turn to the Consumer Protection Board or the Court for the protection of their rights.
8. FINAL PROVISIONS
8.1. Estonian legislation applies to the terms and conditions regarding order placement, as well as to the purchase and sale agreements of INTIMATE.ee e-shop. In case any of the provisions of the terms and conditions regarding order placement is invalid then this will not influence the effectiveness of the rest of the terms and conditions regarding order placement as well as of the purchase and sale agreement. The invalid provision will be replaced by a lawful provision which is legally and economically the closest to the invalid provision.