Terms & Conditions

Terms & Conditions 

(Last modification: 4.3/2019)

1. Scope of the General Terms and Conditions
The Terms and Conditions apply to all contracts that are concluded via the online shop www.maalingan.ee between MAALINGAN OÜ Harju maakond, Tallinn, Kesklinna linnaosa, Pärnu mnt 158/2-88, 11317 (registry code 14649247) and consumers, i.e. customers.
A consumer is any natural person who enters into a legal transaction for a purpose that is neither attributed to their commercial or independent professional activity.

2. Recognition of Conditions
The consumer acknowledges these terms and conditions, and agrees to the terms and conditions once an order is placed.

3. Protective Clause
The composition of the general terms and conditions or the terms of the consumer contract that deviates from the general terms and conditions will be rejected, unless otherwise explicitly stated by MAALINGAN OÜ .

4. Conclusion of the Contract
1. The presentation of MAALINGAN OÜ through the internet website www.maalingan.ee
The product representation on the website does not constitute to an offer in the legal sense. It is an invitation presented to the consumer in order to make an offer. In the legal sense, the offer is made by the consumer when placing an order. The confirmation of the receipt of the order occurs together with the acceptance of the order immediately after issuing an automated email. The email confirmation concludes the purchase contract.
2. Order Process
The desired product (s) can be selected by the consumer and placed into the “shopping cart” at the click of a button. The selected products are temporarily stored in the “shopping cart” during the duration of the visit at www.maalingan.ee . The order process is continued when the “Proceed to Checkout” button is clicked. On the next page, the consumer is requested to login using their account details, given the consumer has registered at the web shop. The consumer is then requested to enter the desired delivery address and payment method, entering the required data to process the transfer. When choosing external services as a payment method, such as Paypal, the consumer is redirected to an external website of the respective payment service provider. Before the order is submitted, the relevant order information is summarized in an “Order Overview”. The consumer is free to edit the details if required, before proceeding to click the “Place the Order” button. Once the order is submitted, the customer makes a binding offer with respect to the selected goods.
3. Order Confirmation
Once the order is placed, MAALINGAN OÜ sends an order confirmation email to the email address provided. The order confirmation notification confirms that the order was placed and displays the ordered contents. The order confirmation does not constitute to the acceptance of the customer’s offer by MAALINGAN OÜ . If MAALINGAN OÜ rejects the contract conclusion, the consumer will be notified via email.

5. Storage of Contract
The contract, i.e. the order information provided by the customer, is stored by MAALINGAN OÜ and can be viewed by the customer under “My Account” in “My Orders”. An order confirmation notification containing the contents of the order placed, is forwarded separately to the email address provided by the customer.

6. Cancellation / Withdrawal
The ordered goods can be returned within 14 days without a stated reason.
Customer can return the received merchandise within 14 days. We expect the packaging to be in its original condition and sealed, undamaged with no traces of being used. In addition, we will give you an extra 16 days for the return. Thus, you have 30 days to send the merchandise back.
The customer bears the cost of return when items are being returned.
As soon as the package is returned to us, money will be refunded to customer. Depending on which payment method the customer chose, customer will receive:
with an advance payment, a credit to your bank account. Provide your bank details so that we can process the transfer.
with PayPal, credit on your PayPal account.
with an instant transfer, credit on your bank account. Provide us with your banking details in order for us to process the transfer.
with credit card, credit to your credit card.
with direct debit, credit to your bank account.
with cash on delivery you need to notify us by sending your banking details in order for us transfer the amount already paid.
The refund is carried out within a few days. For any questions, customer can contact us at any time us!
Claims. For the prompt processing of your complaint , the MAALINGAN OÜ team is at your disposal at [email protected]
Please Note: In the event that the parcel or products arrive damaged, we require a picture of the parcel and the damaged items in order to claim the damage. Please send us these pictures with as much information as possible regarding the damage in an email to [email protected]
Cancellation Policy
The following cancellation policy applies to contract for goods, that can be sent in a package by mail.
Withdrawal for Parcel Goods
As a consumer, you have the right to withdraw from the contract within fourteen days, without stating a reason. The withdrawal period is calculated from the time the goods are taken in possession by you or a third party explicitly stated by you, who is not the carrier.
To exercise your right, you are required to inform us regarding the withdrawal from the contract, in form of an, email to: MAALINGAN OÜ [email protected]
It is sufficient to inform us of the withdrawal from the contract fourteen days before the expiration of the withdrawal period.
Effects of Withdrawal
When a withdrawal from contract is issued, all payments received, including the costs of shipping will be reimbursed. The refund will be made within fourteen days of notification of cancellation that we receive from you. The same method of payment used in the original transaction is used again to make the refund unless explicitly requested by you, in which case the additional fees will be carried by the customer. Reimbursement is withheld until the goods in question are received or earlier when proof has been given that the good are underway.
The consumer has fourteen days, after having informed us about the foreseen cancellation, to return the goods to our head office.
MAALINGAN OÜ
Harju maakond, Tallinn, Kesklinna linnaosa,
Pärnu mnt 158/2-88, 11317
The deadline is met when the goods are sent a fortnight before the expiration of the withdrawal period. The consumer bears the direct cost of returning the goods.
End of Cancellation Policy.

7. Prices
1. All prices are displayed as total prices, containing the prices for packaging, as well as value added tax, if applicable.
2. Errors in price: When the price displayed is higher, the customer will be contacted. In such cases, the contract is only concluded if the customer agrees to purchase the good (s) at the actual price. When the price displayed is lower, the lower price is calculated.

8. Returns
1. In addition to the stated product price, delivery costs are calculated. Further details concerning delivery costs can be found on our website.
The applicable sales tax is included in the delivery costs.

2. Delivery fees are also calculated when choosing the Cash on Delivery option, if applicable. This amount is to be handed to the courier at the time of delivery.

9. Terms of Delivery
1. Unless otherwise agreed, delivery will be made to the address specified by the customer.
2. The estimated date of dispatch is stated directly in the shopping cart. When using the cash in advance payment option, delivery time starts one day after the payment has reached the MAALINGAN OÜ bank account. When using the options cash on delivery or account, the delivery time starts one day after the order contract was concluded.
3. Damaged goods are to be reported to the courier company in the event that the goods were damaged due to transportation.
4. MAALINGAN OÜ bears no responsibility when delays occur due to supply obstacles. If the delivery of the goods within a specific period is hindered due to unforeseen circumstances, MAALINGAN OÜ is entitled to withdraw from the contract. The MAALINGAN OÜ will inform the customer immediately in this respect. Damage claims are excluded in this case. The customer will be informed before the start of the ordering process in regard to existing delivery restrictions.

10. Payment Date & Reservation of Property Rights
1. The sales price is due, for the latest, at the time of delivery.
2. The delivered goods are the property of MAALINGAN OÜ until the payment thereof has been met.

11. Terms of Payment
1. MAALINGAN OÜ accepts the following payment methods: cash in advance, on account, cash on delivery, direct debit, Paypal, credit card (Visa, Mastercard, American Express and Diners).
2. When using the cash in advance option, the customer is required to transfer the payment to the MAALINGAN OÜ bank account (the banking data is visible in the order confirmation email and on the website) within 7 days after concluding the purchasing contract. Dispatch of goods follows after the payment has reached the MAALINGAN OÜ bank account.
3. When using the direct debit payment option, MAALINGAN OÜ is authorized to collect the payment from the customer’s bank account. The customer bears the additional bank transfer fees. The customer bank account requires sufficient funds. Any banking data modifications must be enclosed to MAALINGAN OÜ . MAALINGAN OÜ reserves the right to liquidate all costs incurred due to the failure by the customer to comply with these obligations.
4. Cash on Delivery payments are made to the courier when the goods are delivered. The amount due is dependent on the country of delivery. The cost will be communicated upon completion of the order.
5. Credit card payments are charged at the completion of the order. This occurs immediately and is not dependent on the stock levels. If the items are not in stock, the order process will commence once all items are back in stock.
6. Paypal – The invoice amount is payable via the online provider Paypal. The customer must be registered on Paypal or create a Paypal account. Once registered, the invoice amount is transferred to our account. Further instructions are provided during the order process.

12. Guarantee
1. General regulations apply unless otherwise stated.
2. Guarantees exclude damages or defects caused by the consumer, particularly in cases of mishandling or misuse.
3. The status of limitation does not apply to claims for damages by the customer in terms of bodily injuries, health or otherwise.
Damages based on a grossly negligent breach by MAALINGAN OÜ or an intentional or negligent breach of duty by a legal representative or agent of MAALINGAN OÜ . The shortened period of limitation shall not apply to claims for damages due to the negligent or intentional breach of contract. Material contractual obligations are obligations that make the fulfilment of the contract possible, and that the customer can rely on.
4. If the items delivered have obvious material or manufacturing defects (including damages caused by shipping), we request these defects be communicated to us immediately.
6. Where a guarantee is valid, the customer must make the claim to the manufacturer directly.

13. Disclaimer
1. Claims for damages made by the consumer against MAALINGAN OÜ are excluded unless MAALINGAN OÜ or their agents have acted grossly negligent.

14. Right of Retention
1. The customer is not entitled to offset payment against our claims unless the customer counter-claims are legally established or undisputed. The customer is entitled to offset against our claims if he files a complaint or counterclaim regarding the same purchase contract.
2. The customer may only exercise this right when the counter-claim is made in regards to the same purchase contract.

15. Data Protection
Provisions for data protection can be found in the Privacy Policy.

16. Terms & Conditions Modifications / Subject to Change
We are entitled to modify these terms and conditions unilaterally as needed in terms of fixing equivalence mandate or to adapt to changing legal or technical conditions. The modifications made become an integral part of the contract when the customer does not file a written objection within six weeks of notification sent via email.

17. Severability Clause
If any provision regarding these stipulated Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected.

18. Contractual Language
The language available at the time of completion of the contract is English.

19. Contract Law
Estonian law is applied to the contractual relationship.

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