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Terms of Use
Last modified: 28.04.2020
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1.1. These terms of use regulate the sale of products (hereinafter “Products” or individually “Product”) by LapaDuu OÜ (hereinafter referred to as the “Seller”, registry code 14842122, address Pärnu mnt 129b-14, 11314, Tallinn) and the purchase by the customer (hereinafter referred to as the “Customer”) through the website https://lapaduu.ee/ (hereinafter the “Online Store”), and the legal relationships arising between them.
1.2. Please read the terms of use before using the Online Store. By agreeing to the terms of use of the Online Store, you confirm that you understand and accept these terms of use. If you do not agree with the provisions set forth in these terms of use, you are not entitled to use the online store.
2. Product Prices
2.1. The product prices do not include the Value Added Tax (VAT) of 22% applicable in the Republic of Estonia, as LapaDuu OÜ is not a VAT-liable entity.
2.2. The price of the products will be supplemented by the delivery fee corresponding to the selected delivery method chosen by the Customer during the order process. The delivery method is selected, and the delivery fee is calculated in the shopping cart.
3. Ordering
3.1. The customer selects the product and adds it to the shopping cart by clicking the “Add to Cart” button.
3.2. In the shopping cart, it is possible to modify quantities and remove products from the shopping cart until payment is made.
3.3. To complete the order, the customer must select a payment method in the shopping cart and click “Proceed to Payment”.
3.4. Then the customer can enter and review the necessary data for the order. The customer will be asked to agree to the terms of use of the Online Store. After that, the customer must click “Proceed to Payment”, and the customer will be directed to the respective page where they can pay for the purchased Products according to the payment service provider selected by them, either through a bank link or a pro forma invoice. Payments are accepted in euros.
3.5. If the customer chooses a delivery method to a parcel terminal, the Customer agrees to pay for the Products before the Seller carries out the delivery.
3.6. When paying by bank transfer, the Customer can use the links of the following service providers:
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- Swedbank,
- SEB, Luminor,
- LHV,
- Coop Pank,
- Pocopay
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3.6.1. bank links are provided by Maksekeskus AS.
3.7. The customer is obliged to pay for the costs associated with the delivery of the Products.
3.8. After payment for the Products, the Seller will send an invoice to the Customer by email.
3.9. In the event that the Customer wishes, they have the option to pick up the Product themselves and pay the Seller in cash. The Customer can select the corresponding option in the shopping cart.
3.10. The order is confirmed after the payment has been received in LapaDuu’s bank account. The Seller will send a confirmation to the Customer’s email address regarding the order submitted by the Customer.
3.11. If the Product ordered by the Customer is currently unavailable, the Seller will cancel the order submitted by the Customer. The order can be canceled either partially or entirely, depending on whether all the Products ordered by the Customer are unavailable or only some of them. The Customer will be promptly informed of the canceled order. In case of partial cancellation, the Seller will inquire whether the Customer wishes to order the available Products or if they want to cancel those as well.
3.12. If the Customer does not make the payment within 5 working days, the Seller will cancel the order. The Customer has the option to place a new order.
3.13. The Seller delivers the Products purchased from the online store within the territory of the Republic of Estonia.
3.14. The Products are delivered to the customer using the services provided by Omniva (AS Eesti Post) or Itella SmartPOST OÜ (parcel terminal or courier). There is also an option for the customer to pick up the order themselves. For self-pickup, the Customer must agree on a suitable time with LapaDuu OÜ.
3.15. The Seller dispatches the Products to the Customer within two working days after the payment is made by the Customer. The arrival of the Product to the Customer depends on the postal service. The estimated delivery time is 1-3 working days.
4. Customer Rights and Obligations
4.1. The customer has the right to:
4.1.1. the customer has the right to submit questions, ideas, and suggestions to the Seller for making the E-store more user-friendly.
4.2. The customer is obligated to:
4.2.1. adhere to the current terms and conditions when using the E-store.
4.2.2. provide the Seller with accurate personal information.
4.2.3. not to use the E-store for illegal or improper activities (including the unlawful use of another person’s identity).
5. Seller’s Rights and Obligations
5.1. The seller has the right to:
5.1.1. to interrupt the purchase of Products and/or remove/block the Customer from the E-store if the Seller suspects that the service is being used unfairly or in violation of the terms of use.
5.1.2. to take down a product from the E-store or suspend the operation of the E-store at any time without prior notice.
5.1.3. to restrict or terminate, without providing reasons, the Client’s right to use the E-store, including modifying and removing the information published by the Client in the E-store, or closing the Client’s user account and not allowing the Client to re-register if:
5.1.4. the Client has violated the Terms of Use or the obligations arising from them;
5.1.5. the Client has provided inaccurate, misleading, and/or incomplete information when registering as a user on the Website or when using the Website;
5.1.6. the Client behaves in a manner contrary to good practice or applicable laws.
6. Liability
6.1. The Seller shall not compensate the Client for any damages resulting from changes in delivery times, prices, and other conditions.
6.2. The Seller shall not be liable for any damages arising to the Client as a result of the Seller’s exercise of the right to withdraw from the sales contract concluded with the Client.
6.3. The Seller shall not be liable under any circumstances for any loss of profit incurred by the Client.
6.4. The Seller does not guarantee that the E-store can be used with all web browsers and devices. The Seller does not guarantee that the E-store environment will be available online at all times.
6.5. The Seller is not responsible for comments made by third parties or other information published in the E-store.
6.6. The Seller is not liable for any possible errors caused by third parties, which might lead to a situation where a money transfer or card payment might fail. In the event of any problems related to money transfer or card payment, the Client is obligated to immediately inform the Seller.
6.7. The limitations and exclusions of liability mentioned in this clause 6 do not apply in situations where, according to applicable law, such limitation or exclusion of liability is not permitted.
7. Right of Withdrawal, Product Returns
7.1. The customer has the right to withdraw from the transaction without giving a reason within 14 calendar days by submitting a written notice (by post or digitally signed) or in a written form that allows for its reproduction (by email).
7.2. The seller confirms the receipt of the withdrawal by sending the customer a corresponding notice.
7.3. The Customer is obliged to return the Product within 14 calendar days from the submission of the withdrawal. The withdrawal period is calculated from the day on which the Customer or a third party designated by the Customer, who is not the carrier, has received the Product in their possession. In the event that the order consists of more than one shipment, the withdrawal period is calculated from the day of receipt of the last package by the Customer.
7.4. Upon withdrawal from the transaction, the Seller shall refund to the Customer all sums paid, including the delivery cost of the Product to the Customer, by transferring the refundable amount to the Customer’s bank account no later than 14 days from the receipt of the Product by the Seller or from the receipt of proof of the return of the Product by the Customer. The Seller has the right to delay the refund until the Customer has returned the Product or provided evidence of returning the Product to the post office. When exercising the right of withdrawal, the Customer shall bear all direct costs associated with the return of the Product.
7.5. If the Customer wishes to exchange, repair, or replace the Product, the Customer must complete the corresponding return form. If the Customer wishes to complete the return form, they must inform the Seller via email. The Seller will then send the return form to the Customer for completion. In the event of exchanging or replacing the Product, the Customer shall bear all direct costs associated with the return of the product, except in cases where the returned product does not correspond to the one ordered.
7.6. Returning or exchanging the Product requires a completely unused item with all labels and other documents included with the shipment, including the invoice issued to the Customer, intact. The Product must not be removed from the packaging.
8. Submitting a complaint
8.1. In case of non-conformity or defects in the product, the Client is obliged to inform the Seller immediately, but no later than within 2 months from the date of becoming aware of the non-conformity, by sending the relevant information to the email address lapaduu@lapaduu.ee or in writing to: Pärnu mnt 129b-14, Tallinn 11314.
8.2. In case of non-compliant or defective product, the Client has the right to demand the Seller to fulfill the obligation, withdraw from the contract, or terminate the contract and demand compensation for damages, reduction of the price, or claim interest for the delay in monetary obligation fulfillment.
8.3. In the event of non-compliance or defects in the product, the Client has the right to demand, first, the free repair or replacement of the product with a compliant and defect-free product or return the product to the Seller.
8.4. The Client has the right to demand a reduction in the purchase price or to withdraw from the contract and demand a refund of the amounts paid for the product if:
8.4.1. if the Seller is unable to repair or replace the product, or
8.4.2. if the repair or replacement of the product fails or
8.4.3. The seller has not remedied the defect in the product within a reasonable time or
8.4.4. The customer experiences undue inconvenience.
8.5. In case of returning a non-compliant product, the amount paid by the Customer for the product, including the transportation costs, will be refunded to the Customer’s provided bank account within 14 days. The Seller has the right to delay the refund until the Customer has returned the product or provided proof of returning it to the postal service.
8.6. The Seller will not reimburse the expenses incurred by the Customer in case of non-compliance or defects of the Product, nor be liable for them if:
8.6.1. The value of the Product has decreased/the Product has been damaged due to the Customer’s fault;
8.6.2. The defects have arisen from the non-intended use of the product, including the failure to follow the maintenance instructions;
8.6.3. The value of the product has decreased due to the natural wear and tear arising from normal use;
8.6.4. There is no document confirming the purchase.
8.6.5. In case of disputes between the Customer and the Seller regarding product defects, the Customer has the right to submit a complaint to the Seller, stating in written or reproducible electronic form (e-mail) their name and contact information, the date of the complaint, the product defect, and the desired solution. The Seller will respond to the Customer’s complaint in written or reproducible electronic form (by e-mail) within 15 days.
8.6.6. In case the Customer and the Seller do not reach an agreement regarding the dispute and if the disputed product is valued at least 30 euros, the Customer has the right to seek an out-of-court settlement in Estonia from the Consumer Disputes Commission operating under the Consumer Protection Board and through the European Union’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr. The examination of the complaint by the Consumer Disputes Commission is free of charge for both parties. When resolving disputes in Estonia through the Consumer Protection Board, Estonian laws shall apply.
8.7. In case of disagreement with the Commission’s decision, the dispute shall be resolved in the Harju County Court.
9. Processing of Personal Data
9.1. LapaDuu processes the Customer’s personal data in accordance with LapaDuu’s privacy policy as described in the Privacy Policy available here: https://lapaduu.ee/en/privacy-policy/
9.2. LapaDuu is the data controller for personal data. LapaDuu transfers the personal data necessary for making payments to the authorized processor Maksekeskus AS.
10. Other
10.1. The client confirms that any printing errors, inaccuracies, or other errors on the E-store cannot be interpreted to the detriment of the Seller under any circumstances. The product images displayed on the E-store are for illustrative purposes.
10.2. These terms and conditions are governed by the laws of the Republic of Estonia.
10.3. In the event that any provision of the Terms of Use is invalid due to a conflict with the law, it shall not affect the validity of the remaining provisions of the Terms of Use.
10.4. The Seller may update these Terms of Use from time to time. The latest version of the Terms of Use is always available on the Seller’s website. By checking the box, the Customer confirms that they have read and agreed to the terms of use. This means that the Customer agrees with the version of the terms of use available on the Seller’s website at the moment.