E-shop conditions of use
1. General Conditions
1.1 The e-shop Tõuksimaailm sells products (hereinafter referred to as Products) sold in the stores owned by Exocool OÜ.
1.2 Terms are in force and form a legal relationship between a merchant and a client when the client (hereinafter “customer”), through www.tõuksimaailm.ee website (hereinafter “e-shop”) purchases the owner Exocool OÜ (hereinafter “merchant”) products & services.
1.3 It is allowed for a merchant to change the conditions of use and product information and/or prices. The merchant will release a statement or a notification about the changes made on the www.tõuksimaailm.ee website. During the transaction between merchant and the customer, currently valid terms and conditions are applied.
1.4. Seller’s details. Exocool OÜ, Tööstuse 47a-111, Tallinn, Harjumaa 10416.
Reg. code 12857616
VAT no. EE102121227
Phone nr. +372 5303 4917
e-mail: info@touksimaailm.ee
1.5 The customer is permitted to break the rules if the merchant has not given clear written consent.
1.6. Under 18-year-old customers are allowed to make payments only if their parent or legal guardian has given permission.
2. Pricing
2.1 All prices displayed in the E-shop are in Euro and include VAT at 22%.
2.2. Product prices and discounts may vary compared to merchants’ retail products, prices, and discounts.
2.3 Shipping costs are not included in the price and will be added to the final price. The shipping cost depends on the chosen shipping method.
2.4. The discount on a product is calculated in the shopping cart after the discount voucher code is inserted.
2.5 The merchant is allowed to change or add new products to the current product list, make changes in prices, and create or remove any special offering, based on civil law and other applicable laws.
2.6 When making the order, the prices that are shown on the e-shop are final. If the order is submitted, the prices will stay unchangeable, regardless of any changes made by the merchant in special offerings, price corrections, or final sale campaigns.
3. Products
3.1 Products shown in the e-shop are usually available in stock. The merchant does not guarantee the availability of the product, because the information can be inaccurate due to technical difficulties.
3.2. The payment is refunded in a case where the customer has submitted the order and the merchant does not have the product available in stock.
3.3 If the ordered product is out of stock, the customer is notified about the problem and available solutions via e-mail.
3.4. All the photos on the e-shop are illustrative and can differ from the real product.
4. Making a purschase
4. Customer is able to add products to the shopping cart when clicking on the button “lisa korvi” or “Add to cart”.
4.2. From the table, the customer is able to choose a size and/or a color of the product and add it to the shopping cart. Only products that are in stock are allowed to be added to the shopping cart.
4.3. To see the products in the shopping cart, the customer must click on the shopping cart icon that is located in the top corner of the page.
4.4. To see the shopping cart, the customer has to click on the icon in the top right corner of the page. After that, the customer has to click on the button “lisa korvi” or “add to cart”. In the shopping cart, the customer is able to remove or change the quantity of the products.
4.5. To get a discount with a voucher the customer must insert the discount voucher code into the text cell that is located at the end of the product list. After inserting the discount voucher code the customer must click on the “kasuta kupongi” or “use voucher” button for the discount to be applied.
After that, the customer is able to choose a shipping method and insert the delivery address. By clicking on the button “mine maksma” or “go to checkout”, the customer will be redirected to checkout. At checkout, the customer is able to fill in the payment credentials and choose a payment method. If the customer has forgotten to add a discount voucher code then he is able to add it while filling out the payment credentials at checkout. After this, the customer will be redirected to the chosen payment service provider’s webpage. It is important that a customer clicks on the “tagasi kaupmehe juurde” or “back to merchant” button after finishing the payment.
4.6. After the customer has inserted the required data, the customer validates the correctness of the data by clicking “Kinnitan&maksan” or “Confirm&Pay”. After this, the order is confirmed and submitted to the merchant.
4.7. The customer pays for the product immediately through the payment service provider and confirms the order for the merchant by clicking on the button “Tagasi kaupmehe juurde” or “Back to merchant”.
4.8. After the completion of the payment, the confirmation of the order is sent to customer’s e-mail address.
4.9. The client is responsible for providing the correct data which is used for the fulfillment of the order.
4.10. The merchant is not responsible for any consequences that are caused by the incorrect data that is provided by the customer.
4.11. The merchant is allowed to reject/cancel any order if there is reasonable suspicion, that the data provided by the customer is incorrect or is against good practices.
4.12 In addition, the Sales Contract can also be concluded by concluding a hire-purchase agreement (see chapter 7). In such a case, the Sales Contract is deemed to be concluded by the conclusion of a hire-purchase agreement.
4.13 In case the Customer has chosen to pay for the Product on the basis of an invoice for payment in advance and the Customer pays for the order after the due date (i.e. later than 5 days), the payment shall be deemed to be a new offer and the Seller shall either accept the conclusion of the Sales Contract by sending the Customer a confirmation to this effect within 7 days of receipt of the payment from the Customer or shall refuse to conclude the Sales Contract. If the Seller refuses to enter into the Sales Contract, the Seller shall notify the Customer thereof within 7 days of receipt of payment from the Customer. In the last case, the purchase price shall be refunded to the Customer within 14 days of receipt of the Customer’s payment at the latest.
4.14 Orders not paid on time will not be fulfilled by the Seller.
Orders can be securely paid for using Estonian bank links (Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay) and credit cards (Visa, MasterCard, ).
Payment is made outside the webshop environment of Tõuksimaailm via Modena OÜ.
After you have paid for the product, please be sure to press the “Back to merchant” button in the bank.
The Seller does not have access to the Customer’s bank and credit card details.
5. Delivery of the order and time of completing the order
5.1 The Order will be accepted as soon as the Customer’s payment has been credited to the Seller’s online store account.
5.2 The Customer may choose between different ways of delivery of the Product. Delivery of the Product depends on the postal or courier service chosen by the Customer.
5.2.1. The Products can be picked up from the Store within 3 working days after the payment has been credited to the Seller’s account. The Seller shall notify the Customer of receipt of payment by e-mail.
5.2.2 If the delivery method chosen by the Customer is Omniva’s parcel machine, the Product will arrive at the parcel machine chosen by the Customer within 5 working days from the date of sending the order confirmation to the Customer’s e-mail address.The Customer will be notified of the arrival of the Product at the parcel machine by SMS message containing the door code, the location of the parcel machine and the end of the storage period. The machines are open 24 hours a day. The Product will be kept in the parcel machine for 7 calendar days. After the expiry of this period, the Product will be returned to the E-shop. If the Customer does not collect the Product within the aforementioned time limit, the Customer shall be liable to reimburse the costs associated with the repeated delivery.
5.2.3.If the Customer chooses the Post Office as the delivery method, the Product will be delivered to the post office chosen by the Customer within 5 working days after the order confirmation is sent to the Customer’s e-mail address. The Customer will be informed of the arrival of the Product at the post office by SMS containing information about the post office where the Customer can receive the Product. The Product will be kept at the post office for 14 calendar days. After the expiry of this period, the Product will be returned to the E-shop.
5.2.4 If the delivery method chosen is Courier, the Product will be delivered to the address chosen by the Customer within 5 working days from the date of sending the order confirmation to the Customer’s e-mail address. The Courier will contact the Customer by telephone and coordinate a suitable time for delivery. In the event of an unsuccessful delivery attempt, the parcel will be deposited at the post office of the Customer’s place of residence and the Customer will be notified of the arrival of the parcel by e-mail to the Customer’s e-mail address or by ordinary letter to the mailbox. The item will be kept at the post office for 14 calendar days. If the Customer does not collect the Product within the aforementioned time limit, the Customer shall be liable to reimburse the costs associated with the repeated delivery.
5.3 The Customer shall pay all costs related to the delivery.
5.4. In the event that the Product does not reach the Customer in good condition and in sealed packaging, the Customer is obliged to notify the E-shop by sending a letter to this effect by e-mail to info@touksimaailm.ee or by phone +372 5303 4917.
5.5 In the event that the Customer has placed the order on a weekend (between Friday after 13.00 and Monday at 09.00) or on a public holiday, the time limit of 5 working days shall commence at 09.00 on the first working day following the weekend or public holiday.
5.6 The Customer is obliged to check the correctness of the contact details provided before placing an order, in order to avoid delays and misunderstandings in the delivery of the Products. The Seller shall not be liable for delays or misunderstandings in the delivery of the Products if the delay or misunderstanding is due to the inaccuracy or incorrectness of the information provided by the Customer when placing the order.
5.7 If the Customer loses interest in the Product due to a delay in the delivery of the Product, the Customer has the right to submit an application to the Seller to withdraw from the Sales Contract and the Seller is obliged in such a case to refund the purchase price of the Product paid by the Buyer within 14 days of receipt of the withdrawal.
6. Withdrawal from the purchase
6.1 This withdrawal procedure does not apply in the event of withdrawal from a hire-purchase agreement. Withdrawal from a hire-purchase agreement shall be made in accordance with the procedure laid down in that agreement.
6.2 The Customer has the right to withdraw from the Sales Contract concluded in the E-shop within 14 days without giving any reason.
6.3 The product to be returned must be complete (containing all items in the product package, including cables, manuals, etc.), unused and in its original packaging.
6.4 Notice of withdrawal must be sent to the Seller in writing to the Seller’s postal address or e-mail address info@touksimaailm.ee within 14 days of receipt of the Product.
6.5 The Customer must open the original packaging of the Product carefully and without damaging it. If the packaging cannot be opened without damaging it, the Customer must open the packaging in a way that ensures the least possible damage to the packaging. In order to ascertain the nature, characteristics and performance of the Product, the Customer must handle and use the Product only as he would normally be permitted to do in a shop. If the Customer uses the Product more than is necessary to ascertain the nature and functioning of the Product, or fails to return the Product in its original packaging and as originally packaged, the Customer shall be liable for any diminution in the value of the Product. Claims for depreciation of the Product may be made by the Seller to the Customer within one month of the return of the Product at the latest.
6.6 The Customer shall bear the direct costs (including postage and delivery costs) related to the return of the Product delivered to the shop
6.7 If the Product to be returned has been damaged and this situation is caused by the Customer as a result of improper use, rebuilding, improper assembly or disassembly or any other circumstance caused by the Customer, the Seller reserves the right to offset the reduction in the value of the Product against the purchase price paid by the Customer for the Product and which is subject to return. In the event that the Customer does not agree with the depreciation of the Product indicated in the set-off, the Customer has the right to have recourse to an independent expert to determine the depreciation of the returned Product or to identify the person responsible in the situation. The costs of the independent expert’s opinion shall be shared equally between the Customer and the Seller, unless the opinion of one of the parties is manifestly unfounded. In such a case, the costs shall be paid by the party whose opinion has proved to be unfounded.
6.8 If the Customer has withdrawn from the Sales Contract pursuant to Clause 6.2, the Seller shall refund the purchase price paid by the Customer, from which the Seller is entitled to set off and deduct the reduction in the value of the Product referred to in Clause 6.7 and the non-refundable costs referred to in Clause 6.9, within 14 days of receipt of the withdrawal request, provided that within the same period the Customer has returned the Product to the Seller or has sent the Seller a certificate of return of the Product. The address for return of the Product is Tööstuse 47a, Tallinn, Harjumaa, Estonia 10416.
6.9 If the Customer has chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller is not obliged to reimburse the Customer for the cost exceeding the cost of the usual delivery method.
6.10 In the event of a right of withdrawal under Section 6.2, the Customer has the right to exchange the Product for another Product sold by the Seller. In such a case, the Customer and the Seller shall set off the amount paid for the returned Product against the selling price of the new Product to the extent of the overlap. The half of the claim in excess of the scope of the set-off shall be settled in accordance with the Sales Contract.
6.11 In the event that the Customer withdraws from the Sales Contract in accordance with the procedure set out in Section 6.2 of the Terms and Conditions, the Customer shall also be deemed to have withdrawn from the Consecutive Payment Contract.
6.12 There is no right of withdrawal if:
6.12.1 The Product has been delivered to the Customer in a sealed package, which is not suitable for return for health or hygiene reasons and which has been opened after delivery.
6.12.2 The Product is a closed-circuit audio or video recording or a closed-circuit computer software. It is also not possible to return calling cards, starter kits and time cards if the packaging has been opened after delivery.
6.12.3. The object of the sales contract is the gift card and the unique code on it has already been used.
6.13 Environmentally hazardous consumables, such as batteries, electronics and accumulators, necessary for use in the equipment sold by the Seller will be accepted free of charge in the shops of Tõuksimaailm.
7. Installments and warranty
7.1 The Seller offers the Customer the opportunity to submit electronically via the E-shop the application for the conclusion of the Instalment Contract to the creditor offering the Installment Contract.
7.2 The Seller forwards the Customer’s application submitted via the E-shop to the creditor for the conclusion of the instalment agreement or, after the Customer has entered the necessary data in the E-shop, directs the Customer to the online environment of the creditor offering the instalment service, where the Customer can fill in the instalment application. The Customer’s request for a Supplementary Payment Agreement shall be considered as a proposal to the credit provider offering the Supplementary Payment to make an offer for a Supplementary Payment Agreement. The Seller does not enter into any Deferred Payment Agreements with the Customer and does not assume any obligation or liability to the Customer.
7.3 The information on the terms and conditions of the instalment payment (including the possible instalment payment) published in the e-shop is for information purposes only and the creditor is not bound by such information when making the offer.
7.4 In case of a positive response to the Client’s application by the creditor offering the Supplementary Payment (i.e. making an offer for the conclusion of the Supplementary Payment agreement), the creditor will conclude the Supplementary Payment agreement with the Client in the online environment of the respective creditor. The Supplementary Payment Agreement shall be concluded between the Creditor and the Customer.
7.5 The 14-day right to withdraw from the agreement concluded by means of a communication does not apply to the Instalment Contract concluded by the Customer, but the Customer may exercise the right to withdraw from the credit agreement within 14 days from the conclusion of the Instalment Contract (§ 409 of the Law of Obligations Act). If the Customer withdraws from the Instalment Contract within the said 14-day period, he may also withdraw from the Sales Contract within the same period by submitting to the Seller within the said period an application for withdrawal from the Sales Contract in the manner and in the form set out in Section 6.2. of the Conditions.
7.6 If the amount of credit has already been paid to the Seller at the time of withdrawal from the Sales Contract, in the event of withdrawal from the Installment Contract, the financial rights and obligations of the Seller towards the Client are transferred to the creditor.
7.7 If the Product is covered by a manufacturer’s warranty, the Seller undertakes to comply with the terms of the warranty and to repair or replace the defective Product on the terms provided.
7.8 In order to submit a warranty claim or a complaint, the Customer must, among other things, keep the purchase documents (invoice, contract, warranty document, etc.) proving that the Product has been purchased from the Seller’s E-shop. Without proof of sale, the Seller may refuse to deal with the claim or complaint.
7.9 Unless otherwise stated in the Warranty Conditions:
7.9.1 The Limited Warranty entitles the Customer, during the Warranty Period, to repair or replace the Product free of charge, subject to the conditions set out in the Product Warranty Terms and Conditions.
7.9.2 In the case of repair of the Product, the warranty period shall not be extended by the duration of the repair period, but shall remain in force until the period originally specified;
7.9.3 In the event of repair of the Product, parts replaced in the Product shall be warranted until the expiry of the warranty period originally granted for the Product;
7.9.4 The Warranty Period for a Product replaced during the Warranty Period will expire at the time the original Warranty Period for the purchased Product was due to expire.
7.10 The warranty does not cover defects caused by mechanical damage to the Product, as well as liquid, moisture, temperature and other similar damage, improper use of the Product, use of the Product contrary to the requirements described in the instructions for use or natural wear and tear and other circumstances specified in the warranty document.
7.11 In addition to the rights under the warranty, the Customer also has other rights under the law. The Customer may rely on the remedies provided by law in the event of non-conformity of the subject matter of the contract with the terms of the contract.
7.12 Irrespective of the existence of a manufacturer’s warranty, the Customer shall have the right to make a claim for non-conformity of the Product with the terms of the contract (in particular, manufacturing and material defects) within 2 years of receipt of the Product. In the case of a defect in the Product which appears within the first six months, it shall be presumed to have existed at the time of conclusion of the Sales Contract and the cause of the defect shall be determined by the Seller.
7.13 In the event of a defect in the Product, the Customer undertakes to notify the Seller of the problem as soon as possible by e-mail to info@touksimaailm.ee and to provide the following information:
7.13.1 Name and contact details;
7.13.2 Date of submission of the complaint
7.13.3 Description of the defect and probable cause of the defect;
7.13.4 Requirement to the seller
7.13.5 Number of the sales contract or other document proving the existence of the guarantee.
7.14 Notification must be sent promptly, but no later than 2 months after the Product is discovered to be non-compliant with the Contract. Failure to meet this deadline shall deprive the Customer of the right to require the Seller to repair or replace the Product.
7.15 In the event of replacement of a defective Product, the Seller has the right to require the Customer to return the defective Product.
7.16 The costs of replacing the defective Product (including delivery costs) shall be provided by the Seller.
7.17 If the defect is caused by the Product (for example, the Product is defective or the Product has been damaged in transit), the Seller will repair the defective Product. Instead of repairing the Product, the Seller may replace the Product with a Product that complies with the terms of the Contract. If the repair or replacement of the Product is not possible or fails, if the Seller unjustifiably refuses to replace the Product or fails to do so within a reasonable time after having been notified of the non-conformity, the Customer has the right to withdraw from the Sales Contract and return the Product to the Seller. The Seller undertakes to refund the purchase price paid under the Sales Contract to the Customer within 14 days of receipt of the reasoned withdrawal.
7.18 The Seller shall not be liable for:
7.18.1 for damage to the Product caused by the Customer;
7.18.2 defects caused by improper storage or use of the Product;
7.18.3 defects caused by the natural physical change of the Product;
7.18.4 for unsuitability of the characteristics of the Product for the Customer, if the unsuitability is not due to a defect in the Product;
7.18.5 In other cases provided for by law and the Sales Contract.
7.19 If the obligations arising from the Sales Contract can be performed in part and the event referred to in clause 5.7 or 7.17 occurred only in respect of a Product, the Customer may withdraw from the Sales Contract only in respect of that Product or Products of that manufacturer. In such a case, withdrawal from the entire Sales Contract shall not be permitted.
8. Limitation of liability and settlement of disputes
8.1 In no event shall the Seller be liable for:
8.1.1 for possible errors caused by third parties which affect the technology or cause a situation where a money transfer or a bank transfer or credit card payment and consequently the conclusion of the Sales Contract may fail. In the event of any problems with the transfer of funds or the payment by bank transfer or credit card, the Customer is obliged to inform the Seller immediately;
8.1.2 for damage caused to the Customer if the Customer’s identity is used by another person.
8.2 The liability of the parties shall be limited if the breach of the obligation is due to force majeure. Force majeure is a circumstance which the Party could not have influenced and which, in accordance with the principle of reasonableness, could not have been expected of the Party to take into account or to avoid at the time of the conclusion of the Sales Contract or to overcome the hindrance or its consequences. The Party shall be obliged to notify the other Party in writing of the occurrence of a Force Majeure Event and of the non-performance of its obligations in relation to it immediately, but not later than 3 days from the occurrence of the Force Majeure Event or from the time of becoming aware of it if the latter occurred later. Thereafter, the Parties shall agree on a reduction in the extent of the performance of the obligations on the basis of the effect of force majeure on the ability to perform the obligations.
8.3 The Seller shall not be liable for any delay in the delivery of the Product and for any misunderstandings that may arise if the delay or misunderstanding is caused by the inaccuracy or incorrectness of the information provided by the Customer when placing the order or by the Customer’s own failure to accept the Product, including, inter alia, the absence of a suitable recipient under the Sales Contract on the part of the Customer at the place of delivery of the Product at the time specified for this purpose.
8.4 Under no circumstances will the Seller compensate the Customer for any material or non-material damage or compensation for damage paid to a third party, as well as any indirect damage (such as loss of income).
8.5 The Seller shall not compensate the Customer for any loss or damage suffered by the Customer as a result of the Customer assuming any obligations to third parties in relation to the Product.
8.6 The Seller shall not compensate the Customer for any loss or damage caused to the Customer as a result of changes in delivery times, prices and other conditions.
8.7 The Seller shall not be liable for any loss or damage suffered by the Client due to the fact that the Seller has exercised the right to withdraw from the Sales Contract.
8.8 In order to resolve disputes, the Customer has the right to contact the competent supervisory authority, which is the National Consumer Protection Board at Pronksi 12, 10117 Tallinn, e-mail: info@tarbijakaitseamet.ee. The Consumer Disputes Committee has the competence to settle disputes arising from the contract between the Customer and the Seller, which the parties have not been able to settle by agreement. The examination of the complaint by the Commission is free of charge for the parties. For further information on the settlement of complaints, please visit https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon.
8.9 Disputes arising from the conclusion and performance of the Sales Contract shall be resolved by negotiation. In the event of failure to reach an agreement, the Parties shall settle the dispute between them in Harju County Court in Estonia.
9. Submission of claims and other conditions
9.1 If the Customer has received the ordered Product and it shows a manufacturing defect, the Customer has the right to file a complaint with the Seller within two years of receipt of the Product.
9.2 Complaints can be made by sending an e-mail to info@touksimaailm.ee or by calling +372 5303 4917.
9.3 The Seller shall respond to the Customer’s claims within 14 calendar days.
9.4 The Seller reserves the right to withdraw from the sale in the event of any of the following problems with the Product: a human error in entering the price or description or a technical error in the system.
9.5 The current Terms and Conditions are presented in the E-shop in a way that allows the Customer to save them on his/her computer and to reproduce them later. The Seller shall retain the texts of all versions of the Conditions. Although the Seller may from time to time change the provisions of the Terms, the previously valid versions of the Terms shall remain available to the Customers. In order to obtain a copy of the previous version of the Terms, the Customer must make a request to the Seller.
