Withdrawal from purchase agreement
Consumer’s right of withdrawal
The Buyer (Consumer) has the right to withdraw from the underlying contract of sale within 14 calendar days from receipt of the product as proven by the Buyer’s signature on a consignment or delivery note, which includes the date of receipt. To withdraw from the contract of sale, the Buyer must submit to the Seller an application of withdrawal (the standard form is available here), specifying whether the Buyer prefers to receive a refund of the purchase price from the Seller or to replace the purchased product with another product offered by the Seller.
The Buyer shall not have the right to rely in the consumer’s withdrawal right to withdraw from the contract of sale after paying for a product if:
The consumer entered into the contract of sale on the business premises of the Seller;
The product is a unique item, produced according to the Buyer’s specification or ordered by the Seller specifically for that Buyer, based on the Buyer’s individual needs, which precludes the possibility of selling the item to third parties;
The product consists of computer software, video games, audio and video recordings and similar products and the Buyer has opened the product package;
The product consists of transmission of digital content without using delivery on a physical data medium;
The products are not suitable for return and sale to other consumers due to health or sanitary considerations after the packaging has been opened (e.g., shavers, weights, headphones, epilators, toothbrushes, massage equipment, etc.), or products show clear signs of use, the removal of which would require excessive cleaning and disinfection procedures to ensure that the products meet health and sanitary requirements;
It concerns products or services, which are subject to legislative restrictions on the right of withdrawal (§53 (4) of the Law of Obligations Act); or
The use of the right of withdrawal would be in conflict with the purpose of the regulation of the consumer’s withdrawal right or with the principle of good faith.
Before or after filing a request for withdrawal, the Buyer does not have the right to try out any products purchased from the online shop in any other manner that would be possible in a regular sales room of a business operating in the same field as the Seller.
If the Buyer withdraws from the contract of sale, the Seller shall refund the amount paid for the product to the Buyer, unless requested otherwise by the Buyer. The Seller shall transfer the payment for a returned product to the Buyer’s bank account within 14 calendar days from the date of receiving the withdrawal request, on the condition that the Buyer has returned the product to the Seller or has submitted proof that the product has been dispatched to the Seller, and there are no grounds for reducing or netting off the amount of refund to the Buyer. Any other expenses of the Buyer (e.g., bank charges, interests, etc.) shall not be refunded by the Seller. If the Buyer believes that a product is defective, the Buyer shall notify the Seller thereof in the withdrawal request and shall make a record of the defect (e.g., by taking a photo) before returning the product.
The product returned by the Buyer must be complete (include all the items contained in the original product package, incl. accessories and their respective packages). If the product was part of a campaign offer, which included additional products, the Buyer shall return the complete offer package, i.e., the product in question as well as any added goods. The returned product must be unused. For the purposes of this clause, ‘use’ shall not include inspection of the nature, properties or functionality of the product in a manner, which would be acceptable in a regular sales room of a business operating in the same field as the Seller, provided that it does not leave the product with clearly visible signs of use that would be excessively difficult to remove. The original packaging of the returned product may not be damaged and must be suitable for sale.
If a product (and/or product packaging) returned by the Buyer has deteriorated or is damaged due to having been used in a manner beyond what is normally acceptable in a sales room for the purpose of inspecting the nature, properties or functionality of the product, the Seller shall have the right to net off the reduction in the value of the product against the amount of refund payable to the Buyer. The netting off is initiated by the Seller sending a netting off notice to the Buyer’s email address specified during the order process. If the Buyer does not agree with the amount of decrease in the value as specified in the netting off notice or in a compensation claim submitted to the Buyer, the Buyer has the right to employ an independent expert to determine the decrease in the value of the product. The costs of the expert assessment shall be divided equally between the Buyer and the Seller, unless the expert assessment indicates that one party has put forward a clearly unjustified argument. In this case, the costs of the expert assessment shall be borne by the party whose argument was unjustified.
When using the consumer’s right of withdrawal, the Buyer shall return the product to the Seller’s office in Tallinn (Värvi 4, Tallinn 10621, Estonia) as soon as possible but not later than within 14 calendar days from submission of the withdrawal request. If the product is returned by using a postal or courier service, the Buyer shall select a service provider capable of completing the assignment within a reasonable period of time. The reasonable period of time shall be defined by the parties as a period of 7 calendar days. Sending a returned product in any other manner or to a destination other than the Seller’s office in Tallinn shall be construed as a breach of the return obligation, in which case the Buyer shall pay the Seller a contractual penalty of €10. In case of failure to return the product within the established term, the Buyer shall pay the Seller a contractual penalty amounting to 15% of the product price. If a returned product is not actually delivered to the Seller within 60 calendar days from submission of the withdrawal request, the Buyer shall pay the Seller an additional contractual penalty amounting to 50% of the product price. The Seller shall have the right to net off any contractual penalty claims against the amount of refund payable to the Buyer.
If the Buyer withdraws from the contract of sale using the 14-day withdrawal period, the Buyer shall bear any direct costs related to the product return (incl. shipping and postal charges).
Only a consumer (i.e., a natural person who enters into transaction that is not related to independent economic or professional activity) can exercise the consumer’s right of withdrawal to cancel a contract of sale.