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1.1 These terms of conditions of use and ordering (hereinafter also referred to as “terms and conditions”) shall be applicable upon using the vanakivi.ee website and upon purchasing or ordering products and services from the vanakivi.ee online store or using the information displayed on the website.
1.2 These terms and conditions shall be applicable from the publication thereof on the vanakivi.ee website and shall be valid until the publication of new terms and conditions or changes to these terms and conditions.
2.1 Upon using the vanakivi.ee website and ordering products and services, parties to the contract shall be OÜ Vanakivi Kaubandus (registry code 11541199, seat Sepa 21 Tartu 51013, telephone 734 6884, e-mail info@vanakivi.ee, hereinafter also referred to as “Seller” or “vanakivi.ee”), on the one side, and the User of the website (person who purchases or orders products or services or uses the website in some other manner, hereinafter also referred to as “Buyer”), on the other side.
2.2 The User may be any natural person or legal entity who is performing any transaction on the Seller’s website. The User confirms by performing a transaction that they have examined these terms and conditions and that they agree to and undertake to comply with thereof.
2.3 In the event that a User who is a natural person is under the age of 18, the User confirms by performing a transaction that their legal representative has approved the transaction to be entered into with the Seller in advance according to the law and that they are paying for the products and services with means granted to them for this purpose or for free use by their legal representative or a third person with the consent of the latter.
2.4 The contract between the User and the Seller shall enter into force at the moment that the User commences with using the website in any manner.
2.5 The contract shall also enter into force in the event that the User uses the Seller’s website without agreeing to these terms and conditions.
2.6 If the User used the website or placed an order at the online store before the entry into force of the changes to the terms and conditions, the terms and conditions that were valid at the moment of performing the activity by the User shall be applied to the legal relationships between the parties, unless provided otherwise by law or the terms and conditions.
3.1 The prices of all products and services on sale shall be provided in euros and be inclusive of value added tax applicable in the Republic of Estonia or the country of residence of the Buyer (depending on the obligation arising from the law) at the time of carrying out the transaction.
3.2 Fee for the delivery of goods (transport fee) shall be added to the price of products and services. The amount of transport fee shall depend on the quantity of products and services, the location of the Buyer, and the delivery method. The amount of transport fee can be estimated in the shopping cart before placing the order.
3.3 The amount of transport fee shall be calculated pursuant to the specific weight. As both the dimensions of the product as well as the weight of the product and packaging (e.g., pallets) shall be taken into account upon calculating the transport fee (calculating the specific weight), the weight shown in the shopping cart may not coincide with the actual weight of the product.
3.4 The Seller shall have the right to amend the prices of products and services without notice. In the event that the Seller amends the prices after the Buyer has placed the order, the Seller shall be obligated to sell the product or service to the Buyer for the price that was applicable at the moment of entering into the transaction by the Buyer, i.e. at the moment that the Buyer paid for the transaction.
3.5 In the event that the price amended by the Seller is cheaper than the price applicable at the moment of entering into the transaction by the Buyer, the Buyer shall not have the right to demand the Seller to compensate for the price difference or to sell the product for the cheaper price established after the entry into the transaction.
3.6 In the event that the price of the offered product or service has changed or has been changed to a wrong price due to a technical error, someone’s ill will or other mistake, and the Seller discovers this before issuing the product or service to the Buyer, the Seller shall have the right to withdraw from the contract. The Seller shall promptly notify the Buyer of the discovered circumstance and refund the amount paid for the transaction to the Buyer. In this case, the Seller shall not be liable for accessory expenses that the Buyer may incur.
3.7 Product information shall be displayed directly with the product.
3.8 The Buyer shall be obligated to take into account that product photos displayed on the product information page are illustrative and may differ somewhat from the actual appearance of the product.
3.9 In order to obtain a complete overview of the product or service that is of interest to the Buyer, the Buyer shall have the right to request further relevant information from the Seller by contacting the Seller using the contact information provided on the website or to examine the product or service at the Seller’s location.
3.10 In order to examine the product at the Seller’s location, please make sure in advance that the product is available in the Seller’s warehouse.
3.11 By confirming the transaction, the Buyer confirms that the product information displayed with the product or service was sufficient for understanding the characteristics and nature of the product or service.
4.1 In the Seller’s online store, orders can be placed as a guest (without creating an account) or as a registered user (requires creating an account).
4.2 To order products and services, choose the right product or service, examine the product or service description, and make sure that the product or service meets your wishes and expectations.
4.3 If the product or service is suitable for you, specify the required quantity and add the product or service to your cart. If you wish to buy several products or services with the same order, repeat the above procedure upon selecting each product or service.
4.4 Once you have added the products or services to your cart, place the order by completing the provided order form.
4.5 When completing the order form, choose who you would like to place the order as (guest or registered user), choose the delivery method, select the payment method, enter a promotional code or a gift card number if available, check the quantities of products and services to be ordered (if necessary, you can change the quantities or remove products from the cart), fill in all the required fields, and confirm the order.
4.6 Before confirming the order, the Buyer shall have to confirm that they have read and agree to the terms and conditions of use and ordering.
4.7 To fully confirm your order, pay for the order using the payment method of your choice.
4.8 The order can be paid for: with a bank transfer, Liisi ID (Liisi Instalment), credit card, gift card, and through bank links.
4.9 To pay with Liisi ID, choose “Liisi Instalment” as the payment method upon placing the order. After confirming the order, you will be directed to the website of Koduliising AS to enter into a contract.
4.10 To use a gift card, enter the gift card number in the designated field and confirm the use of a gift card upon placing the order. After confirming the gift card, the value of the gift card shall be deducted from the final amount of the order.
4.11 Gift cards shall be without a term. The holder of the gift card shall not be obligated to use the total amount indicated on the gift card at once; the gift card can be reused to the extent of the value of the gift card.
4.12 Gift cards cannot be returned or exchanged for cash.
4.13 Keep your gift card number out of reach of third persons. If your gift card has fallen in the hands of third persons against your will, promptly notify the Seller thereof.
4.14 The Seller shall not be liable for damages incurred as a result of carelessness in keeping the gift card, theft of the gift card or misuse of the gift card.
4.15 Promotional code.
4.15.1 Promotional codes can be obtained in the course of campaigns organised by the Seller.
4.15.2 To distribute promotional codes, the Seller shall organise both public as well as personal (e.g., aimed only at loyal customers) campaigns.
4.15.3 The number of promotional codes distributed in the course of public campaigns shall generally be unlimited.
4.15.4 The number of times personal promotional codes can be used shall generally be limited.
4.15.5 The validity and number of times promotional codes can be used shall be set out in the terms and conditions of the campaign.
4.15.6 To use a promotional code, enter the promotional code in the designed field and confirm the use of the code upon placing the order. After confirming, the amount of discount provided by the promotional code shall be deducted from the final amount of the order.
4.15.7 Keep the promotional code sent personally to you out of reach of third persons. If your promotional code has fallen in the hands of third persons against your will, promptly notify the Seller thereof.
4.15.8 The Seller shall not be liable for damages incurred as a result of carelessness in keeping the promotional code, theft of the promotional code or misuse of the promotional code.
4.16 Confirmed but unpaid orders shall be kept active for three days, after which the order shall be automatically cancelled. After the cancellation of the order, the Seller shall not guarantee the availability of the required product or service in the required quantity or for the required price.
5.1 The inventory or estimated delivery time of the products and services shall be specified on the product page.
5.2 The Buyer shall have to take into account that since the products to be ordered by the Buyer are reserved in the Seller’s warehouse only after the order has been paid for, this may cause a situation where the inventory was sufficient at the time of placing the order, but because several buyers purchased the product, the inventory has changed by the time of making the payment.
5.3 In the event that the ordered product is available in the Seller’s warehouse, the order shall be completed within 2–5 working days after the accrual of the payment on the Seller’s bank account (after the entry into force of the contract).
5.4 In the event that the ordered product is out of stock, the product page shall display the estimated delivery time of the product.
5.5 In the event that the inventory displayed on the website is incorrect for whatever reason (technical error, someone’s ill will or other mistake) and the quantity of the required products ordered by the Buyer is not in stock, the Seller shall notify the Buyer thereof no later than within three days and specify a new delivery time. In the event that the new delivery time is not suitable for the Buyer, the transaction shall be cancelled, and the Seller shall refund the amount paid for the transaction to the Buyer. Upon the cancellation of the transaction for the specified reason, the Buyer shall not have the right to demand the Seller to complete the transaction nor compensate for any potential collateral claims.
5.6 After the order has entered into force, the products shall be delivered to the address specified by the Buyer upon placing the order via a courier.
5.7 Before the delivery of the products, the courier shall contact the Buyer in order to specify the time of delivery of the products. In order for the courier to contact the Buyer, the Seller shall communicate the Buyer’s contact information and other necessary personal data to the courier.
5.8 To avoid delays and misunderstandings upon the delivery of the products, be sure that the contact information provided upon placing the order is accurate. The Seller shall not be liable for any delays and misunderstandings upon the delivery of the products, provided that the delay or misunderstanding has been caused by the inaccuracy or incorrectness of data submitted by the Buyer upon placing the order.
5.9 Inspect the condition of the shipment upon accepting the shipment from the courier. In the event of discovering upon accepting the shipment that the packaging of the shipment has been damaged, be sure to make a respective notation on the accompanying document or write a free-form report and ask the courier to provide their name and signature on the report. Be sure to specify the damage to the shipment and the shipment number on the report. Be sure to take photos of the damage to the packaging as well as the products and send them to the Seller in order to subsequently identify damages to the packaging and the products.
5.10 The Seller shall not be liable for damage incurred during the transport of the product and the Buyer shall not have the right to demand compensation for damage if the Buyer fails to specify the damages discovered upon accepting the shipment on the accompanying document or to draw up a respective report or to take photos of the damage to the packaging and the products and send them to the Seller.
5.11 The Buyer shall open the shipment packaging carefully without damaging it in order to preserve the product packaging, also factory stickers and serial numbers placed on the product, in order to prevent the impossibility of withdrawing from the contract in the event of wishing to withdraw from the contract.
6.1 The Buyer shall have the right to withdraw from the contract of purchase and sale within 14 calendar days after the receipt of the goods.
6.2 To return goods, the application for returning goods available on the website (Return of goods) shall have to be completed or a free-form application for withdrawal shall have to be drawn up or a respective e-mail shall have to be sent to the address info@vanakivi.ee within no later than 14 days after the receipt of the product.
6.3 The Buyer shall be obligated to return the products to be returned to the Seller within no later than 14 days after submitting the application for withdrawal or sending the respective e-mail. If products are returned later, the Seller shall not be obligated to accept the products.
6.4 To exercise the 14-day right of return, the ordered products shall not be used in any other manner than necessary for ascertaining the nature, features and functionality of the products as permitted for testing the products in a brick-and-mortar store.
6.5 Products to be returned by the Buyer shall have to be complete (include all the items included in the product, incl. packaging, accessories, user manuals, etc. that were present at the moment of delivering the product to the Buyer). Products shall be returned together with undamaged original packaging so that the Seller would be able to utilise the returned products.
6.6 Products delivered to the Buyer disassembled in the packaging (exercise machines, bicycles, furniture, etc.) shall have to be disassembled and packaged upon returning as when the products were delivered to the Buyer.
6.7 In the event that the products were purchased during a campaign where another product had been added to the products, the Buyer shall be obligated to return the whole set. Both the ordered product as well as other products (together with undamaged original packaging) that the Buyer may have received partially or fully for free or at a discount during a campaign shall have to be returned.
6.8 In the event that the Buyer fails to return the products received for free or at a discount during a campaign, the Seller shall have the right to deduct the regular price of the unreturned products or the difference between the discounted price and the regular price from the amount to be refunded to the Buyer.
6.9 If the products or packaging of the products to be returned by the Buyer are damaged or faulty and this has been caused by a circumstance arising from the Buyer, the Seller shall have the right to settle the decrease in the value of the products with the amount paid for the transaction by the Buyer and to be refunded to the Buyer.
6.10 The Buyer shall be liable for the decrease in the value of the products if the decrease of the value is due to the use of the products in some other manner than necessary for ascertaining the nature, features and functionality of the products.
6.11 The Seller shall have the right to determine the decrease in the value of the products. For set-off, the Buyer shall send to the Buyer a notice of set-off to the e-mail address provided by the Buyer upon placing the order.
6.12 In the event that the Buyer does not agree to the decrease in the value indicated in the notice of off-set, the Buyer shall have the right to involve an independent authorised expert in the process of determining the decrease in the value.
6.13 Costs of expert assessment shall be borne by the losing party.
6.14 Before involving an expert, the Buyer shall be obligated to notify the Seller thereof and submit to the Seller the expert’s price offer as to the cost of the expert assessment.
6.15 If no price offer is submitted, the Seller shall not be obligated to compensate the Buyer for the cost of the expert assessment.
6.16 The costs associated with returning the products shall be borne by the Buyer, unless the products to be returned did not comply with the order or the product is to be replaced or repaired under warranty.
6.17 The Buyer shall not have the 14-day right of return if the purchased products or services are the following:
6.17.1 product that has been manufactured according to the Buyer’s personal needs;
6.17.2 product that has been manufactured according to the terms and conditions submitted by the Buyer (e.g., Buyer’s dimensions);
6.17.3 product that spoils or expires quickly;
6.17.4 expired product (e.g., tickets, promotional coupons);
6.17.5 product that has been packaged in a closed packaging and that cannot be returned for reasons of health protection or hygiene once it has been opened after delivery (e.g., headphones, underwear removed from the packaging, cosmetics, perfume or toiletries in open packaging);
6.17.6 performing repairs or maintenance if the consumer has requested a call-out from the Seller;
6.17.7 newspapers, magazines or other periodicals, excluding contracts for an indefinite period entered into for subscribing to such periodicals;
6.17.8 sealed audio or video recordings or computer software if the consumer has opened the packaging;
6.17.9 any gift card or promotional coupon, etc.;
6.17.10 product or service sold at an auction.
6.18 The 14-day right of return shall not apply if the Buyer is a legal entity.
6.19 In the event of withdrawing from the contract by the Buyer, the Seller shall be obligated to refund the Buyer for the price of purchase and sale of the products and services and transport cost that corresponds to the cheapest delivery method for goods offered by the Seller.
6.20 If the Buyer has chosen a delivery method that is more expensive than the cheapest delivery method offered by the Seller upon placing the order, the Seller shall not be obligated to refund the Buyer for the cost that exceeds the cost of the cheapest delivery method.
6.21 The Seller shall have the right to refuse to give refunds until the Buyer has returned the products serving as the object of contract or, in the event of transport organised by the Seller, submitted evidence that the products have been handed over to the transport company.
6.22 The Seller shall be obligated to refund the amount paid for the goods to the Buyer promptly but no later than within 14 days after the receipt of the returned product by the Seller.
7.1 The Seller shall be liable for a non-conformity of the product with the terms and conditions of the contract and defects that occur within two years after the delivery of the product to the Buyer, excl. in the cases provided by law.
7.2 In addition to the Seller’s liability set out in the previous clause, a warranty against defects granted by the manufacturer may also apply to the product, the more detailed content, term, scope of regulation and other terms and conditions of which have been established in the terms and conditions of warranty against defects granted by the manufacturer of the specific product.
7.3 In order to obtain a complete overview of the warranty against defects of the product or service that is of interest to the Buyer, the Buyer shall have the right to request further relevant information from the Seller by contacting the Seller using the contact information provided on the Seller’s website.
7.4 Upon an occurrence of a defect, the Buyer shall notify the Seller thereof no later than within two months after the occurrence of the defect by submitting a complaint in a format which can be reproduced in writing to the Seller.
7.5 The Buyer shall specify in the complaint their name and contact information, time of purchasing the product, description of the defect and the date of the occurrence of the defect, claim to be filed against the Seller in connection with the defective product, and the number of the order confirmation or invoice drawn up upon purchasing the product.
7.6 Together with the claim, the Buyer shall be obligated to submit a copy of the document (order confirmation or invoice) certifying the time of purchasing the product.
7.7 In the event of a non-conformity or defect of the product, the Buyer shall have the right to demand the Seller to repair or replace the product with a product that is compliant and without defects or, in the event that this is impossible or unreasonable, to withdraw from the contract of purchase and sale.
7.8 The Seller shall not be liable for the defects occurred in the product if:
7.8.1 defects are due to the fault of the Buyer;
7.8.2 defects are due to the failure to comply with the requirements of the instruction manual;
7.8.3 defects are due to the incorrect use of the product, incorrect installation of software, or abnormal use of the product;
7.8.4 defects are due to the use of non-original parts or improper accessories;
7.8.5 defects are due to an unintentional or intentional physical injury;
7.8.6 defects are due to a thunderstorm or another natural phenomenon (force majeure);
7.8.7 defects are due to normal wear and tear;
7.8.8 serial numbers, control stickers or marking labels of the product have been damaged, replaced or removed;
7.8.9 foreign objects (liquid, insects, dust, etc.) have got inside the product.
7.9 The Seller shall not be liable for damages occurred or the delay in the delivery of the product, provided that the damage or delay in the delivery of the product is due to a circumstance that was beyond the Seller’s control and which the Seller did not and could not foresee (force majeure).
8.1 The Seller shall use the personal data of the Buyer that have become known to them (incl. name, telephone number, address, e-mail address, IP address, bank details, etc.) only in connection with the transaction carried out between the Buyer and the Seller.
8.2 The Seller shall have the right to collect personal data disclosed to the Seller by the Buyer and to communicate these to a third person (e.g., courier, bank, etc.) to complete the order if necessary.
8.3 The Seller shall have the right to use the data of the Buyer for conducting market research to be carried out for the purpose of improving the quality of services offered by the Seller or for submitting offers or sending other information to the Buyer, provided that the Buyer has not forbidden it. Read more about forbidding the use of such data in the subclause “Use of cookies".
8.4 The Seller shall send to the Buyer newsletters and promotional offers to the Buyer’s e-mail address only if the Buyer has expressed their respective wish by entering their e-mail address on the website and informed of their wish to receive the newsletter and promotional offers.
8.5 The Seller shall have the right to send to the Buyer essential notices (e.g., notice of changes to the terms and conditions, urgent notices concerning the organisation of work, etc.) without asking for the respective consent. Such notices shall never contain advertising.
8.6 The Buyer shall have the right to waive offers and newsletters to be sent to the e-mail address at any time by notifying the Seller thereof via e-mail or according to the instructions provided in the e-mail containing the offers.
8.7 The Buyer shall have the right to request the deletion of their data from the Seller’s server at any time by notifying the Seller thereof via e-mail or according to the instructions provided on the website.
8.8 The Seller confirms that all the personal data of the Buyer that have become known to the Seller shall be treated as confidential information and be stored in a secure server.
9.1 Why do we use cookies?
We use cookies to make using the website more convenient and quicker. Cookies help the website to remember the selections made by the User (for example, language or currency, text size or other configurable features on the website), and the User does not have to configure the website again during their next visit. If the User leaves a transaction (for example, making a purchase, product comparison, etc.) unfinished for some reason, cookies help the website to remember the User’s previous activities and selections, and the User can continue with their transactions from where they left off upon returning to the website.
9.2 What is a cookie?
Cookies are small text files that the website sends to the User’s web browser and that are stored on the hard disk of the User’s computer. Cookies do not independently read information from the User’s computer nor communicate it anywhere.
9.3 What types of cookies do we use?
Cookies can be divided into two groups – group based on the duration of the cookies and group based on the purpose of the cookies.
9.3.1 Group based on the duration of the cookies:
9.3.2 Group based on the purpose of the cookies:
essential cookies – these cookies are necessary for the general operation of the website. It is not possible to visit the website without installing such cookies;
statistical and analytical cookies – these cookies remember how the Users use the website (e.g., how frequently the website is used, what are the Users’ configuration settings for the website, etc.). Such data are used for making the website more user-friendly. Because all the data collected for statistical purposes are anonymous and are not related to a specific User, identifying the User based on these data is not possible;
preference cookies – these cookies remember the choices (e.g., language or currency, text size or other configurable features on the website) or actions (e.g., content of the shopping cart, products added to product comparison) of the User. Preference cookies are used for displaying the website to the User exactly as the User prefers;
advertising cookies – these cookies enable showing advertising personally aimed at the User and conducting market research and other analyses by using the data collected regarding the User’s behaviour and interests. Received data may be shared with advertising service providers;
third-party cookies – these cookies are used by the websites of our partners (e.g., banks), and we are unable to control or modify these. Before going on a third-party website, we recommend reading about the cookies used on their website. The owner of this website shall not be liable for the cookies used on a third-party website nor consequences caused by thereof.
9.4 How do I restrict or disable the use of cookies?
You can modify the use of cookies from the menu on our website or by configuring the settings of your web browser so that it would not permit storing the cookies sent from our website. Configuring the restriction and disabling of cookies may be different in different web browsers; you will find more information about configuration in the help centre of your web browser.
Disabling all cookies may protect your privacy, but it could also significantly restrict the use of some websites or make it entirely impossible.
9.5 How do I delete cookies that have already been saved?
Cookies that have already been saved can be deleted through the menu of the web browser. Deleting cookies may be different in different web browsers; you will find more information about deleting cookies in the help centre of your web browser.
9.6 How is consent given for the use of cookies?
We do not require the User’s consent to use essential cookies, because it is impossible for the website to function without these nor is it possible to request the User’s consent. The User consents to the installation of the remaining cookies at the moment of clicking on the icon “Yes, I agree”, closing the notification concerning the use of cookies, or continuing to use the website without clicking on the icon or closing the notification.
9.7 Where can I learn more about using cookies?
If you have any further questions, don’t hesitate to contact our customer support. We would be happy to help you.
10.1 The parties shall first attempt to resolve the disputes between the Buyer and the Seller by way of negotiations.
10.2 In the event of a failure to reach an agreement, the Buyer shall have the right to turn to the Consumer Disputes Committee (komisjon.ee), to the court, or the online consumer dispute resolution environment of the European Union (https://webgate.ec.europa.eu/odr) for the protection of their rights.
10.3 In the event of having recourse to the court, the Buyer and the Seller have agreed that the jurisdiction shall be the court of the Seller’s seat.
10.4 If the Buyer carries out the transaction as a legal entity or a self-employed person, the provisions concerning the rights of the consumer as a natural person shall not apply to the contract entered into between the Buyer and the Seller.
11.1 Copyrights to all the works on the Sellers’s website (incl. product images, drawings and other photographic works, product descriptions and other textual works, website design elements, animations and other audio-visual works) shall belong to the Seller, or the Seller has previously obtained these, or the Seller has obtained the right of use thereof.
11.2 Copyright shall also extend to these terms and conditions.
11.3 The use of any works on the Sellers’s website or copying (also partial copying) of these terms and conditions by a third person without the written consent of the Seller shall be prohibited.
11.4 The person who uses the works or copies these terms and conditions without the written consent of the Seller shall be obligated to pay a fee for using the works or copying (also partially copying) these terms and conditions. The amount of the fee shall be determined by the Seller, taking account of the circumstances.
12.1 Legislation valid in the Republic of Estonia shall be applied to these terms and conditions and contracts of purchase and sale.
12.2 The Seller shall have the right to amend the terms and conditions partially or in full unilaterally and without an advance notice. The amendments shall enter into force as of publishing thereof on the Seller’s website.
12.3 These terms and conditions shall come into effect as of publishing thereof on the Seller’s website.
