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4. Entry into force of the sale contract
4.1. The Purchaser undertakes to pay for the order by clicking on „Place order“.
4.2. The sales contract enters into force after the receipt of the payment made by the Purchaser to the Graf OÜ’s bank account.
5.1. After the entry into force of the sales contract (after the receipt of the payment made by the Purchaser) Graf OÜ assembles the order and hands it over to the Graf OÜ logistics partners for delivery.
5.2. Orders placed and paid for on workdays before 13.00, will be delivered to the Purchaser on the the next day.
5.3. In order to avoid delivery delays, the order forms have to be filled in carefully and the delivery information submitted should be accurate and valid.
5.4. If the Products are non-compliant to the contract’s terms and conditions, the Purchaser shall have the right to:
5.4.1. refuse to order or fulfil his outstanding obligations;
5.4.2. demand a reimbursement or a reduction of the price;
5.4.3. Products damaged (but not packaging) during transportation must be replaced to the Purchaser.
5.4.5. If the replacement of the Product proves impossible, the Purchaser will receive a reimbursement equal to the price of the goods.
5.4.6. In order to avoid delivery delays, the order forms have to be filled in carefully and the delivery information submitted should be accurate and valid.
5.5. Shipping cost is 7,90 € to all countries. Free shipping cost is to all countries from 150 €,
5.6. Graf OÜ logistics partners for orders delivery:
5.6.1. HRX AS
188.8.131.52. AS Eesti Post (Omniva)
184.108.40.206. Itella Estonia OÜ
220.127.116.11. Venipak Eesti OÜ
5.7 For more detailed information on delivery services and delivery costs, check by logging in to your personal account in the online shop, or click on the „Cart“ icon at the web page www.soposh.eu.
5.8. The delivery times depend on the country of destination
5.8.1 Couriers have no obligation to call in advance.
5.9. Graf OÜ shall not be held responsible for a delay in delivery, if the goods were handed over to logistics partners on time, but the delivery was delayed due to circumstances that Graf OÜ could not foresee or control.
6. Right of withdrawal
6.1. After receiving the Products from the So Posh online shop, the Purchaser has the right to withdraw from the contract entered into with the online shop within 14 days. Should the Purchaser find the Product unsuitable, s/he can return it to the online shop without giving any reason.
6.1.1. The term to withdraw from the agreement expires after 14 days starting from the day when the Purchaser or a third person appointed by the Purchaser came into the possession of the Products.
6.2. The right of withdrawal shall not apply, if the Products were delivered to the Purchaser in closed packaging that is not subject to return for hygiene or health protection reasons, or if they have been opened by the Purchaser after delivery (cosmetic products etc.).
6.2.1. A 14-day withdrawal period shall not apply to the following Products, if:
18.104.22.168. the Product is produced taking into account the Purchaser’s individual needs;
22.214.171.124. the Product is produced according to conditions set out by the Purchaser;
126.96.36.199. the Product is mixed or diluted with some other product so that they can no longer be separated from each other;
188.8.131.52. the Product has been used for business and professional activity purposes.
6.3. Upon receiving the returned Products, Graf OÜ shall return to the Purchaser, immediately but no later than after 14 days from the day of the submission of the request for withdrawal, all of the payments received from the Purchaser for the returned Products.
6.3.1. If it proves inevitable that the Purchaser should send the Product at his/her own expense, the total amount (Product and delivery costs) shall be reimbursed no later than within 14 days.
6.4. The Purchaser has to return the Product to Graf OÜ immediately but not later than within 14 days from the day s/he informed Graf OÜ by email firstname.lastname@example.org of his/her wish to return the Product. The Product can be returned by post to:
6.4.1. Graf OÜ, Veski tee 2, Maardu küla, Jõelähtme v, Harjumaa 74210
6.5. The deadline is deemed met if the Purchaser returns the Product before expiry of the 14-day period.
6.6. Graf OÜ has the right to refuse repayment until the returned Product is received back or the Purchaser has submitted evidence that s/he has sent the Product back, depending on which takes place earlier.
6.7. If the Purchaser wants to avoid compensating for the decrease in the value of the Product, s/he must treat and use the Product only in the manner that would be generally allowed in a store, and the Product must be returned in its original packaging and in its entirety (all of the items included in the product packaging must be present along with any gifts added by So Posh). If the Purchaser uses the Product in any other way than is necessary to verify its nature and functioning, or returns the Product without its original packaging and without its initial full set, the Purchaser shall be held responsible for the decrease in the value of the Product.
6.7.1. If the condition of the Product to be returned has deteriorated, the Purchaser is responsible for the decreased value of the Product due to its use only if the Product has been used in any other way than is necessary to verify its nature, qualities and functioning. To verify the object’s nature, qualities and proper functioning, the Purchaser should treat and use the object only in the manner that would be generally allowed in a store.
6.8. Graf OÜ has the right to present claims to the Purchaser regarding the decrease in the value of the Product within one month as of the receipt of the returned Product.
6.9. If the Purchaser has used or tested the returned Product in any other way than is necessary to verify its nature, qualities and functioning, or in the manner that would not be generally allowed in a store, the Purchaser shall be held responsible for the decreased value of the Product, and Graf OÜ has the right to deduct this sum from the amount subject to repayment to the Purchaser. If the Purchaser does not agree to the decrease in the value as indicated by Graf OÜ, the Purchaser has the right to involve an independent expert in order to establish the decreased value of the Product. The costs related to the independent expert assessment shall be incurred by the party whose opinion proved to be unfounded.
6.10. If the Purchaser does not receive the Product s/he had ordered, or the Product delivered does not correspond to the description provided on the web page, or the Product appears defective, the Purchaser can, instead of submitting a request for withdrawal within 14 days, use his/her lawful right to present a complaint.
7. Using purchased Products for business and professional purposes (incl. Legal persons)
7.1. If the purchased Product has been used for business or professional purposes, or used by a legal person, the regular complaints procedure shall not apply. In such cases, the period for submitting a complaint is usually 6 months or more, depending on the term limits set by a manufacturer. If the manufacturer’s defect is detected within this period, the Product will be replaced or repaired.
7.2. The Product shall not be subject to return if:
7.2.1. the Product is produced taking into account the Purchaser’s individual needs;
7.2.2. the Product is produced according to conditions set out by the Purchaser;
7.2.3. the Product cannot be returned for hygiene or health protection reasons, and if it has been opened by the Purchaser after delivery (cosmetic product etc).
7.2.4. The Product is mixed or diluted with some other product so that they can no longer be separated from each other.
8. Liability and Complaints procedure
8.1. Graf OÜ and the Purchaser shall be held liable for the damage caused to the non-breaching party in the events and to the extent provided for in the legislation of the Republic of Estonia.
8.2. Graf OÜ shall be liable for the non-compliance of the Product sold to the Purchaser with the terms and conditions of the contract or for defects which existed at the time of its handover to the Purchaser and which occur within two years of the handover of the Product to the Purchaser. Within the first six months as of its handover to the Purchaser, it is assumed that the defect was present upon handover of the Product. It is Graf OÜ responsibility to prove otherwise.
8.3. The Purchaser has the right to submit complaints with Graf OÜ with regard to a non-conforming Product within the period of two years from the date of its handover to the Purchaser. A complaint has to be submitted without delay but no later than within two months from detecting a defect of the Product. Upon detecting a defect, the Purchaser must take all reasonable measures for the preservation and protection of the Product, including not to use the defective Product, if this would further deteriorate its condition.
8.4. If the Product does not conform to contractual terms and conditions, the Purchaser may exercise the legal remedies provided for in law, including requesting the repair or replacement of the Product. If the Product cannot be repaired or replaced, or the repair or replacement proves unsuccessful or causes unreasonable inconveniences to the Purchaser, the Purchaser shall have the right to withdraw from the sales contract and demand a refund.
8.5. Graf OÜ shall not be held liable for defects arising from the Purchaser’s incorrect usage or improper storage of the Product. Defects are Product defects, not defects of packaging.
8.6. If Graf OÜ or the manufacturer has granted warranty to the Product, the warranty conditions in written form shall be given to the Purchaser and/or shall be made electronically available in the online shop.
8.7. The Purchaser has to keep the purchase documents (invoice, contract, etc.) that verify the purchase of the Product from the So Posh online shop for the resolution of possible later problems. Graf OÜ has the right to refuse to resolve the problem if a purchase document is missing.
8.8. If the Product purchased at the So Posh online shop has defects, the Purchaser has to submit a complaint within the next two months by email email@example.com:
8.8.6. or dialling +372 556 848 29.
8.9. A complaint must be submitted along with the defective Product. Graf OÜ and the Purchaser shall enter into a maintenance and repair agreement if the Product needs to be sent to an experts for the identification of the nature and cause of the defect.
8.10. A complaint must contain the following information:
8.10.1. Purchaser’s name and contact details;
8.10.2. Date of presenting a complaint;
8.10.3. Description of the Product’s defects;
8.10.4. A claim presented to Graf OÜ;
8.10.5. Reference to documents, confirming the fact of the transaction or a warranty, or provide their copies in the attachment.
8.11. Graf OÜ will respond to the complaint in writing within 15 days after the receipt of the complaint from the Purchaser. If Graf OÜ is unable to provide a response to the Purchaser’s complaint within 15 days, Graf OÜ will inform the Purchaser of that in writing, stating the reason for delay and the date by which the response will be provided.
8.12. The Purchaser is entitled to address to a competent supervisory authority, which is the Estonian Consumer Protection Board at Pronksi 12, 10117 Tallinn, email: firstname.lastname@example.org. For the out-of-court resolution of online consumer disputes in accordance to EU regulation 524/2013 of the European Parliament and of the Council.
8.13. If the Purchaser and Graf OÜ fail to settle the dispute by agreement, the Purchaser may address to the Consumer Dispute Committee. Its procedural rules can be viewed and a complaint can be submitted here. The Consumer Dispute Committee is competent to resolve disputes arising from a contract between a Purchaser and an Online Shop. Resolution of disputes by the Committee is free of charge for the Purchaser.
8.14. The Purchaser may also address to the dispute resolution bodies of the European Union .
9. Force majure
9.1. Graf OÜ shall not be held liable for damage caused or for delay in delivery of the Product, if the damage or delays in delivery are the result of circumstances that Graf OÜ could not have influenced or foreseen.
10. Other provisions
10.1. The images of the products are for illustrative purposes only.
10.2. All prices and availability of the Products are subject to change without notice. In connection with the former, Graf OÜ reserves the right to cancel the sales transaction and to refund the money in Purchaser’s bank account within reasonable time.
10.3. Product information is verified and updated on regular basis. It may happen that the Product data have been updated after the Purchaser’s last visit.