4.1. Procedure for recession from the Contract
4.1.1. The Customer has the right to recede from this Contract within 14 days without declaring the reason.
4.1.2. The recession time ends after 14 days since the day when the Customer or a third party named by the Customer (who is not the carrier of the goods) has received the goods in their possession.
4.1.3. In order to exercise the right of recession the Customer shall explicitly inform Rosena about the respective decision using the contact details set out in Section 8 of the Conditions (e.g. by mail, fax or email). The Customer may use the attached standard form of the recession notification, however this is not obligatory (available here).
4.1.4. To ensure the right of recession it is sufficient for the Customer to submit the recession notification before expiry of the period allowed to recede from the Contract.
4.1.5 Due to the nature of the goods sold in Rosena online store, the returned goods shall be in their original packing and shall remain unopened. Where such conditions are not fulfilled, the Customer might lose the right to return the goods or Rosena has the right to deduct part of the repayment proportionally to any damages to the product being returned. Where Rosena receives from the Customer the goods, Rosena shall return the paid amount immediately, but not later than within 2 working days.
4.2. Consequences of recession from the Contract
4.2.1. Where the Customer recedes from this Contract, Rosena is to return to the Customer any and all payments received from the Customer, including delivery costs (minus any additional expenses resulting from the type of delivery chosen by the Customer if different from the standard least expensive type of delivery offered by Rosena). Immediately, but not later than within 14 days since the day when Rosena discovers about the Customer’s decision to recede from the Contract. Rosena is to make the above repayments using the same payment method that the Customer has used making the original payment, except where the Customer explicitly agrees for using another payment method; in any event, the Customer shall not bear any service fees or other expenses in connection with such repayments. Rosena may refuse to perform repayments until the goods being the object of the contract are returned or until the Customer submits evidence that the Customer has shipped the goods in the packed form (whichever takes place earlier).
4.2.2. In case of recession from the Contract the Customer shall send the goods back or return them to Rosena immediately, but not later than within 14 days since the day, when the Customer informs Rosena about recession from the Contract. The deadline requirement is complied with where the Customer sends the object of the Contract back before expiration of the 14-day period. The Customer shall bear shipment expenses with regard to return of the goods. The maximum sum of such shipment expenses is ca. 10 euros.
4.2.3. Due to the nature of the goods sold in Rosena online store, the returned goods shall be in their original packing and shall remain unopened. Where such conditions are not fulfilled, the Customer has no right to return the goods. Where Rosena receives from the Customer the goods, Rosena shall return the paid amount immediately, but not later than within 14 days.
4.2.4. Where return of the goods is requested since the goods have deficiencies or do not correspond to the actual order of the customer, shipment expenses are paid for by Rosena.
18.104.22.168 If the Customer wishes to return the order partially, the return of shipment expenses shall also be partial, according to the proportion of the goods in the order. For example, if the Customer ordered 3 items, and wishes to return one of them, then the reimbursment shall cover 1/3 of the shipping costs.
4.2.5. The Seller shall not be responsible for deficiencies of the goods that are caused by using the goods not according to their purpose.
4.2.6. Where the goods do not comply with contractual conditions, the Customer has the right to use the remedies provided by the law.
5.1. Where the Customer does not return the goods within 14 days since receipt and the goods demonstrate incompliance with contractual conditions (deficiencies), in order to recede from the Contract the Customer shall submit a written founded claim. The claim is to be submitted using the contact details set out in Section 8.
5.2. Where the goods demonstrate deficiencies, Rosena shall be liable for incompliance of the goods with contractual conditions within the period of two years after the transfer of the goods to the Customer. Where the Customer fails to notify Rosena about incompliance of the goods with contractual conditions in writing within twelve (12) months after the goods demonstrate deficiencies, it is assumed that the deficiency was not there at the time of transfer of the goods and the Customer shall prove existence of the deficiencies at the moment of transfer of the goods.
5.3. The claim shall indicate the following:
· The Customer’s name and contact details;
· The date of submission of the claim;
· The deficiency demonstrated by the goods;
· The claim submitted to the online store;
· The Customer shall also attach the document confirming the transaction / a purchase bill / a copy of payment order.
5.4. Rosena shall respond to all claims within 15 days. Where it is impossible to respond to the claim within 15 days, Rosena shall inform the Customer accordingly and shall set a new reasonable time for the response.
5.5. Where Rosena does not satisfy the Customer’s claim, it shall provide the Customer with a written reasoning.
5.6 If there are any complaints towards an order of product, Rosena shall replace the product with an identical product. If replacing the product is not possible, the Customer has the right to recede from the contract, and ask for a refund.
5.7 Upon making a complaint, Rosena shall cover the shipping costs of returning/replacing the product, within the first 6 months. Within the following 1.5 years Rosena will cover these costs only if the complaint was justified.
5.8. The Customer also has the right to turn for protection of his/her rights to the Consumer Dispute Committee working under the Consumer Protection Board. More information on submission of claims is available on the website www.komisjon.ee
5.9 For solution of complaints for orders outside of Estonia, the consumer can turn to the European Commission official website for Online Dispute Resolution.
5.10. The Customer must check the contents of the order received towards the order made. If any mistakes are noted, for example the order is partial (product missing), wrong (wrong product sent) or damaged, a claim must be sent by e-mail or phone no later than 7 days after delivery. Rosena may ask for additional materials such as photographs. Rosena shall fix the mistake as soon as possible, but no later than within 7 days (excl transport time), covering all costs related to fixing the mistake. If the Customer does not notify Rosena of a mistake with the order within 7 days or supply additional materials requested by Rosena, Rosena will try to settle the claim if possible, but has the right to deny the claim.
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