1.1. These Terms and Conditions (hereinafter: Terms) regulate the legal relationships between Pack Holding OÜ, registry code 10490005, Peterburi tee 49, Tallinn 11415 (hereinafter: Trader) and the person making a purchase (Customer) in the sales environment of www.pholding.ee (hereinafter: e-shop).
1.2. In addition to these Terms, the legal relationships arising from the purchase of products in the e-shop are regulated by the laws of the Republic of Estonia.
1.3. The Trader reserves the unilateral right to change and improve the Terms in the environment of the e-shop. The Customer is subject to Terms and prices valid at the time of the transaction, which the Customer has to become familiar with, agree to and perform by making a corresponding confirmation mark. Before accepting the Terms, the Customer can save or print the Terms for reproduction.
2. Product and price information
2.1. All prices at the e-shop are displayed in euros and include a value added tax of 20%. Product prices are displayed by the product and an additional charge for transport is added to the Customer’s purchases in the shopping cart. Transportation costs are added to the price depending on the delivery location and the available transport choices.
2.2. Prices are valid from the date of placing an order until the expiry of the payment date of the order (3 days depending on the payment method). Prices are not valid in case the prices in the e-shop have been displayed incorrectly due to some reason.
2.3. The Trader reserves the right to change the prices unilaterally by making the new prices available in the environment of the e-shop.
2.4. In case of an applicable discount code, the discount is calculated after entering and activating the discount code in the shopping cart.
2.5. The selection of products, prices and discounts may differ from the product selection, prices and discounts available in the Trader’s branches.
2.6. Information about products is provided in the e-shop on the products’ sheets.
2.7. The Trader giving it´s best to ensure that the displayed goods are available. However, in extraordinary cases errors may occur in stock amounts in the e-shop. In such case the Trader replaces the product with another product of similar value after receiving a notification thereof or refunds the paid amount (including the transportation cost) to the Customer at the first possibility but not later than within 14 working days since the receipt of a corresponding notification.
2.8. The photos used for the visualization of products in the e-shop are of informative value. The Trader has to ensure that products are presented to the Customer as accurately as possible. Nonetheless, due to the differences in the setting of lighting and resolution of the monitor types and other factors, this may influence the visual information like the colour of the products and materials, although slight differences may occur in the photos compared to the reality. The Trader shall not be held responsible for such visual differences caused due to above-described circumstances.
2.9. All food packages available at the Trader’s e-shop have a Declaration of Conformity for food contact. To receive a specific Product Declaration of Conformity, the Customer has to send a corresponding email to firstname.lastname@example.org.
3. Placing an order and delivery options
3.1. In the Trader’s e-shop it is possible to place a direct order for the goods stored in the warehouse, to submit an inquiry concerning goods available/not available in stock and place a special order.
3.2. In order to place an order, creating an account in an e-shop is optional. For the successful delivery of the order the Customer has to fill in all the requested fields with information. After the goods are placed in the shopping cart it is possible to change their amount – either add or delete them. To place and order the Customer click “Check out” in the shopping cart.
3.3. The Trader delivers orders all over Estonia. The transport methods together with prices are available for the Customer in the shopping cart upon placing the order. The Customer makes a selection and confirms it by clicking the button “Next“. Available transport methods are:
• Self pick up 0 €. The Customer picks up the order at Peterburi tee 49, Tallinn.
• Courier 5 €, for purchases over 85 € (the cost of products) the price is 0 €.
Orders are delivered to the Customer by the Trader’s courier-driver or the partner company Venipak. The delivery time of the ordered goods is 1-5 business days, depending on the delivery destination and the date of issue of the goods.
If the delivery of the goods is not possible due to some reason, the Trader contacts the Customer within 2 working days by calling or sending an email to agree to the further status or delivery time of the order with the Customer.
3.4. The Customer chooses the most appropriate payment method. The payment is performed in a secure environment outside the e-shop: when paying via a bank link or credit card in the secure environment of Maksekeskus AS. The Trader does not have access to the Customer´s bank and credit card details.
• Irrespective of the bank via an Estonian, Latvian or Finnish bank link.
• By transaction pursuant to an invoice (can use only if this method is available in the e-shop under payment options)
• By credit card Visa or MasterCard (only when buying on site in a branch)
• In cash or by card payment (only when buying on site in a branch)
3.5. Before placing the order by clicking on the button “Place Order”, the Customer reads and accept the current Terms by ticking the box “I confirm that I have read and agree to the terms”.
3.6. After the contract of sale has become effective, the Trader assembles the order and hands it over to the Trader’s logistics partners for delivery within three working days at the latest.
3.7. The Trader is not held responsible for a delay in delivery if the goods are handed over to the logistics partner on time, but the Customer has submitted wrong and inaccurate data or the other issues appear what the Trader can´t control.
3.8. All orders will be handed over to the Customer with a delivery note and/or invoice. It is the Customer’s responsibility to check whether the goods and quantities received are the same as on the delivery note and/or invoice and that the goods have no visible damage.
4. Entry into force of the contract of sale and the right of withdrawal
4.1. The contract of sale shall enter into force after the receipt of the payment made by the Customer on the Trader’s bank account.
4.2. By the contract of sale, the Trader undertakes to deliver the Customer available goods and the goods the Trader may acquire in the future, and to transfer their ownership to the Customer. The Customer undertakes to pay the Trader for the goods in the amount indicated on the invoice and to accept the goods.
4.3. The order not paid for and the sales contract shall be cancelled if during the established time ( 3 days) and due to any reason the Customer fails to pay for the order or fails to contact the Trader.
4.4. The Trader has the right to withdraw from a transaction if the goods the Customer wants to buy are out of stock or the product information in the e-shop is wrong. In this case the Trader refunds the money to the Customer at the first possibility but not later than within 14 days or, in agreement with the Customer, replaces the goods with the similar ones.
4.5. The Customer has the right to withdraw from the sales contract without any explanation within 14 calendar days before and after the receipt of the delivery.
4.6. The right of withdrawal is not applicable if the Customer is a legal person.
4.7. The right of withdrawal is not applicable and the goods can not be returned:
• if the goods are made according to the Customer’s personal needs;
• if the goods are made according to the conditions provided by the Customer;
• if the package is opened after the delivery and receipt and due to health and/or hygienic reasons can not be returned.
4.8. In order to return/replace goods, the Customer has to submit a request for withdrawal from HERE or send the Trader an email (email@example.com) including the name, the invoice number, the reason for the return of goods and the bank account number, to which the refund must be transferred.
4.9. The goods must be returned in an intact unopened package within 14 days since the receipt of goods together with a copy of the invoice to Peterburi tee 49, 11415 Tallinn regardless of the transport method used by the Customer.
4.10. The Customer covers the cost of returning goods except in case the returned goods fail to correspond to the order, (e.g. defective or wrong goods or the goods have a different article number). In this case the Trader and the Customer shall agree to the transport of goods before the shipment is implemented.
4.11. In the event of deterioration of the condition of the item to be returned, the Customer shall be held liable for the reduction of the value resulting from the use of the item only if he/she has used the item in any other way than necessary in order to ascertain the nature, characteristics and operation of the item. In this case the Trader has the right to claim compensation for the depreciation of the goods and the Customer is obliged to satisfy the claim.
4.12. The Trader shall return the refund sum or the sum caused due to the different cost of the replaced goods, excluding the transport fees paid by the Customer within 14 days since the receipt of good by the Customer. The refund is transferred to the bank account from where the payment is performed or to the account the Customer indicates in the application form.
5. Order of submitting complaints
5.1. The Trader is responsible for the nonconformity to the requirements and defects of the products present already at the moment of delivery and which become evident within 2 years on since the receipt of the products by the Customer. Within the first six months after the delivery to the Customer, it is presumed that the deficiency is already present upon delivery. The Trader is responsible for refuting this presumption.
5.2. The Customer has to stop using the product at once whenever a deficiency occurs.
5.3. Upon the discovery of the nonconformity of the product, the Customer undertakes to notify the Trader immediately but not later than within 2 months since becoming aware of the nonconformity by filling in a form HERE or by sending corresponding information including the name, the phone number, the invoice number and the exact defect description to the email address: firstname.lastname@example.org.
5.4. All complaints are reviewed and the Trader contacts the Customer in writing at the first possibility but not later than within 15 days from the date of receiving the complaint.
5.5. The repair or replacement of defective goods is agreed to by the Trader and the Customer. The Customer has the right to withdraw from the contract by terminating the contract or request a discount of the defective goods, or request the Trader to repair or replace the product on the latter’s expense.
5.6. The Customer has the right to request a refund for the goods and transport fees from the e-shop if the Trader is not able to repair or replace the product, or in case the latter fails to repair or replace the product, the repair or replacement fails, or the Trader has not eliminated the defect within a reasonable time frame, or it has caused unreasonable inconveniences to the Customer.
5.7. The Trader is not held liable for disadvantages caused due to the Customer’s fault after the receipt of goods due to improper storage, normal wear or non-intended use. In this case the Trader has the right to dismiss the complaint.
5.8. If the Trader refuses to solve the Customer’s complaint or the Customer is not satisfied with the solutions offered by the Trader and finds that his or her rights have been violated or interests damaged, the Customer may submit a claim to the Consumer Complaints Committee through the Consumer Protection Board or to a court. The Customer may file the claim directly or via a representative. The contact details of the Consumer Complaints Committee are provided on the website of the Consumer Protection Board.
5.9. For settling claims, which may arise in the EU Member States, the ODR platform for settling web-based disputes can be contacted.
6.1. The controller of personal data is Trader (Pack Holding OÜ, Peterburi tee 49, Tallinn 11415).
6.2. In the processing of personal data the Trader follows the legislation of Estonia and the European Union.
6.3. The Trader collects the following personal information: the name, the phone number, the email and the purchase history.
6.4. Personal data is collected and processed for the following purposes: to sell goods, to manage orders, to deliver goods, to provide services, and serve Customers, to prepare purchase analyses, to analyze Customer preferences and the web usage statistics. The Trader has the right to make inquiries in the data base of personal data, to analyze and sort the data and compile samples.
6.5. Personal data are processed for the purpose of executing a contract concluded with the Customer and for performing legal obligations (such as accounting and the settlement of consumer complaints).
6.6. Personal data transmitted to the Trader is protected and treated as confidential information, including information about the custom and the Customer’s orders stored in the e-shop environment.
6.7. The data communication between the Customer, banks and the card payment centre is encrypted, which ensures the safety of the Customer’s personal data and bank requisites. The Trader has no access to the Customer’s confidential bank and payment card details.
6.8. Personal data are delivered to the customer support of the e-shop for the management of purchases and purchase history and for settling any problems that the Customer may have, and or the accounting unit for the performance of accounting procedures.
6.9. The Trader delivers personal data entered by the Customer (the name, the phone number and the email address) for processing the order only and to the logistics partner for the delivery if such service by a partner is used.
6.10. Personal data may be delivered to IT service providers if it is required to ensure the functionality of the e-shop or for data hosting.
6.11. Personal data are stored in the servers located on the territory of a EU member state or states of the European Economic Area. The data may be delivered to the countries, whose data protection levels have been assessed as adequate by the European Commission and to the companies in the USA, who have joined the Privacy Shield framework.
6.12. Personal data can be accessed by the staff of the e-shop in order to settle technical issues related to the use of the e-shop and to provide customer support.
6.13. The Trader applies appropriate physical, organizational and IT security measures to protect personal data against accidental or unlawful destruction, loss, alteration or unauthorized access and disclosure.
6.14. Personal data are delivered to the data processors of the e-shop (such as the providers of transport and data hosting services) and processed under contracts concluded between the e-shop and the processors. The processors must ensure appropriate safety measures when processing personal data.
6.15. Personal data can be accessed and rectified in the Customer profile of the e-shop. If a purchase, an inquiry is made or feedback given without a Customer’s account (as a guest), personal data can be accessed via customer support.
6.16. If personal data are processed according to the Customer’s consent, the Customer has the right to withdraw his/her consent by sending a notification to the customer support email address: email@example.com.
6.17. Personal data are erased upon the closure of a Customer account of the e-shop unless the storage of the data is necessary for accounting purposes or for the settlement of consumer disputes.
6.18. The purchase history of online purchases made without a Customer’s account (as a guest) is stored for three years.
6.19. In the event of disputes concerning payments and consumer disputes, the personal data are stored until the claim is satisfied or until the end of the limitation period.
6.20. The personal data required for accounting purposes are stored for seven years
6.21. For the erasure of personal data, customer support must be contacted via email firstname.lastname@example.org. Requests of erasure are responded to not later than within one month and the period of erasure is specified.
6.22. Requests to deliver personal data submitted via email are responded to within one month. The customer support identifies the person and indicates which personal data has to be delivered.
6.23. The Trader has the right to use the Customer’s email address and phone number and address for sending direct marketing messages if the Customer has given a respective consent in the self-service environment.
6.24. The Trader has the right to use the Customer’s email for sending direct marketing messages if the Customer has inserted his/her email address in the newsletter (direct marketing) box and confirmed the consent in the confirmation sent to the email.
6.25. The Customer has the right to stop/cancel the collection and use of his/her personal data at any time unless it is necessary for a claim arising in relation with the contract or the delivery of goods. In order to remove personal data, the Customer sends a corresponding email to the Trader (email@example.com) and/or follows the instructions described in the offer.
6.26. The Customer can at any time cancel the newsletter sent in order to stop sending adverts to the Customer’s email by logging in to the e-shop self-service environment and/or click at the link “Leave newsletter list” at the bottom of the offer.
6.27. When personal data are processed for the purpose of direct marketing (profiling), the Customer has the right to object at any time both – the initial and further processing of his/her personal data, including profiling related to direct marketing by notifying the customer support thereof via email to firstname.lastname@example.org.
6.28. Disputes concerning the processing of personal data are settled via customer support email@example.com. The supervisory authority is the Estonian Data Protection Inspectorate (firstname.lastname@example.org).
7. Cookies Policy
7.2. Cookies are text files containing small amounts of information which are downloaded to Customer computer or mobile device when visiting a website or e-shop. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that Cookie. Cookies are useful because allow a website to recognize a Customer device, let to navigate between pages efficiently, remember the preferences and generally improve Customer shopping experience. Cookies can also help to ensure that adverts Customer see are more relevant to Customer interests.
7.3. Trader use at the e-shop the first-party and third-party Cookies, which may at the same time be session or persistent Cookies:
• Temporary or session Cookies are stored only temporarily during a browsing session and are deleted from the Customer‘s device when the browser is closed.
• Persistent Cookies are saved on Customer computer for a fixed period (usually one year or longer) and is not deleted when the browser is closed. Persistent Cookies are used for storing more than one browsing session.
• Third-party Cookies are not connected with the Trader’s management. These Cookies are used for the analytical purpose on partners’ websites and are marked in the Trader’s e-shop or have a further link.
7.4. The Trader’s Cookies enable to realise the total number of visitors on the e-shop at different times, types of browsers and operating systems being used, and the most popular products. This information enables the Trader to improve the e-shop performance; customize and enhance Customer online experience; and make the e-shop more relevant and safer.
7.5. If the Customer does not accept the use of these Cookies, it is possible to block their saving in the browser settings. Concurrently, Cookies saved earlier on this e-shop can be also deleted in the browser settings. The Customer must follow the instructions of the used browser if necessary. Note that blocking or deleting the Cookies may not enable the usage of full functionality of the e-shop afterwards. The earlier information is retained and can be used after blocking or deleting the Cookies, but the collection of any kind of information by the Trader is stopped after the corresponding activity.
7.6. For further information about Cookies, including information about Cookies set on the device, and the possibility to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.
Within 6 months, the cause of the defect must be identified by the Trader. After this time (up to 2 years from the delivery date) the cause of the defect must be identified by the Customer. The cost must paid from the party whose identification will not be accepted.
The Client has the right to demand the reduction of the purchase price of the product or the termination of the contract and the recovery of the sums paid for the product if:
• The Trader is not able to mend or replace the product or
• Mending or replacing the product fails or
• The Trader has not rectified the defect of the product within a reasonable time or
• The Client is caused unjustifiable inconveniences.