Условия пользования

Conditions of use of Rosena online store

Latest changes made on: 29.01.2019

 

  1. Validity of the Contract

1.1. The following sales conditions (the Conditions) shall be applicable to use of Rosena online store and to any purchases made on the website.

1.2. The parties to the Contract are Rosena DK OÜ (registry code 14002345), acting under Rosena trademark (Rosena) and a user of Rosena online store (or where a party is not registered as a user, a person making a purchase in Rosena online store) (the Customer).

1.3. The Contract is considered to be concluded after the Customer clicks on “Purchase with payment obligation” button.

 

  1. Procedure of payment for the goods

2.1. All the prices indicated in Rosena.ee online store include 20% VAT.

2.2. A purchase shall be paid for in full immediately after the purchase is made, except for the situation indicated in Section 2.3. The following payment methods are possible:

2.2.1.     online payment with a bank transfer (using a banklink) – available for Estonia, Latvia and Finland – payment is done via Swedbank or SEB banklink, for other banks via Maksekeskus AS

2.2.2.     payment with Mastercard and Visa credit or credit-debit card;

2.2.3.     payment on the basis of invoice, by sending your order via e-mail to info[at]rosena.ee

2.3. If you wish to pay for your order on the basis of invoice, you should pay for the goods within 7 calendar days after the respective invoice is issued. Where the invoice is not paid within 7 calendar days, your order is cancelled. Before cancelling an order, Rosena sends the Customer an email message with respective reminder.

2.4. Where the sum that was transferred to the bank account is less than the amount due for the goods, Rosena inform the Customer accordingly and asks to pay the remainder.

2.5. The price indicated before making the payment contains transfer and delivery expenses.

2.6 After payment of the order, Rosena will send a Receipt/Invoice to the customer’s e-mail address. Rosena will not include an invoice printed on paper to orders, unless specifically requested by the customer. This request can be written whilst making the order into the commentary box.

 

  1. Delivery of the goods and period of delivery

3.1. General terms of shipment

3.1.1.     Order is shipped after the payment is received to the current account of Rosena owner company Rosena DK OÜ.

3.1.2.     Where possible, ordered goods are shipped within two (2) working days after the order is placed, but no later than within seven (7) working days after the payment is received. Where possible, orders placed before 14:00 are shipped on the same day.

3.1.3.     Orders are not processed or shipped during weekends or during bank holidays.

3.1.4.     Rosena is not obliged to ship an order if the respective payment is not transferred to the current account of Rosena DK OÜ.

 

3.2. How to receive an order in Estonia:

3.2.1.     Customer pick up – when the order is ready to be picked up a respective notification is sent to the Customer via e-mail. Goods are issued from Rosena's partner Beautyfor, in Magistral shopping centre, Tallinn, Estonia (Mon-Sun 10:00-21:00).

3.2.2.     Parcel terminal – orders are delivered through SmartPost parcel terminals. After an order is forwarded to SmartPost it should reach the Customer in 1-3 days. SmartPost also delivers parcels to its terminals during weekends. When the order is delivered to the parcel terminal SmartPost informs the Customer with a short message. Where the Customer does not indicate a phone number, it is impossible to notify him/her with a short message. In such a case SmartPost sends notification to the Customer’s email address. SmartPost delivers the order in the parcel terminal of your choice. It is not possible to change the place of delivery later.

       3.2.2.1 If a customer fails to pick up the order from SmartPost terminal within the indicated time, the order is returned to Rosena DK OÜ. To receive the order, the customer then must pay both the returning costs and reshipping costs to Rosena DK OÜ according to the price list of SmarPost. Initial transport cost already paid is not returnable.

3.2.3 Shipment to postal office via Omniva Post.  

3.2.3.1 If a customer fails to pick up the order from Omniva Postal office within the indicated time, the order is returned to Rosena DK OÜ. To receive the order, the customer then must pay both the returning costs and reshipping costs to Rosena DK OÜ according to the price list of Omniva. Initial transport cost already paid is not returnable.

3.3. How to receive an order in a foreign country:

3.3.1.     Omniva Post delivers orders as maxiletters (to post offices) at the fixed price of 8.50-11.50 euros to the countries indicated in the shipping list. If a customer fails to pick up the order from Omniva Postal office within the indicated time, the order is returned to Rosena DK OÜ. To receive the order, the customer then must pay both the returning costs and reshipping costs to Rosena DK OÜ according to the price list of Omniva. Initial transport cost already paid is not returnable.

3.3.2.     Deliveries to Finland via SmartPost parcel terminals. After an order is forwarded to SmartPost it should reach the Customer in maximum seven (7) days. SmartPost also delivers parcels to its terminals during weekends. When the order is delivered to the parcel terminal SmartPost informs the Customer with a short message. Where the Customer does not indicate a phone number, it is impossible to notify him/her with a short message. In such a case SmartPost sends notification to the Customer’s email address. SmartPost delivers the order in the parcel terminal of your choice. It is not possible to change the place of delivery later.

       3.3.2.1 If a customer fails to pick up the order from SmartPost terminal within the indicated time, the order is returned to Rosena DK OÜ. To receive the order, the customer then must pay both the returning costs and reshipping costs to Rosena DK OÜ according to the price list of SmarPost. Initial transport cost already paid is not returnable.

 

3.3.3.     When ordering to a country where to receive an order it is necessary to undergo customs or other additional procedures (in addition to transfer of goods to the carrier) the Customer shall provide for timely and accurate compliance with such procedures.

 

3.4. Price list of transport methods, estimated delivery times

Country

Transport method

Cost

Free transport

Transport time

Estonia

Customer pick up

0

Yes

2-7 working days

 

SmartPost Parcel terminal

2.80€

Yes, to orders that are at least 40€

2-7 working days

 

Omniva Post, postal office

3.70€

No

2-7 working days

 

Courier

5.50€

No

2 working days

Finland

SmartPost Parcel terminal

11€

No

2-7 working days. In Helsinki and surrounding areas 2-3 days, rest of Finland 3-7 days.

 

Omniva Post

8.50€

No

Up to 7 working days

Latvia

Omniva Post

8.50€

No

Up to 7 working days

Lithuania

Omniva Post

8.50€

No

Up to 7 working days

Rest of the world

Omniva Post

11.50€

No

7-30 working days in Europe. Rest of the world 14-60 days

 

 

3.5. Rosena offers free shipping worldwide for private purchase orders larger than 100€.

3.6. We reserve the right to change or lower the minimum price qualifying for free shipping as set out in Sections 3.4 and 3.5 (for instance during campaigns).

3.7. Please make sure that you indicate correct contact details when submitting your order. Rosena is not liable for any delays in delivery where they are caused by inaccurate or false details as presented by the Customer. Additionally, Rosena is not liable for the costs of returning the goods, if they are caused by inaccurate or false details presented by the Customer.

3.8. Where a product is not in stock, Rosena shall as soon as possible inform the Customer accordingly by email or by phone (but in any case not later than within 3 working days after receiving the order).

3.9. Rosena shall deliver the goods no later than within 30 days. Where it is impossible to deliver the goods, Rosena shall inform the Customer by email and shall refund the purchase immediately (but in any case not later than within 30 days).

 

  1. Recession from the Contract and its consequences

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 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. 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.

4.2.4.1 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.

 

  1. Submitting claims

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 six (6) 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.

 

  1. Protection of personal data

6.1. Rosena processes personal data that became available to it only for a designated purpose and shall not disclose it to any third parties, except in the situations indicated in the legislation. More information on processing of personal data is available in the Privacy Conditions.

6.2.     A customer may leave product reviews in Rosena online store. All intellectual property rights in connection with customer reviews belong to Rosena DK OÜ (for international use in the manner determined by Rosena DK OÜ, including for marketing of the company’s own products). Rosena DK OÜ also possesses the right of sublicensing with regard to said intellectual property. A customer provides to Rosena DK OÜ the exclusive rights for international use his/her personal intellectual property (from the moment of creation of such property) in any manner.

 

  1. Customer loyalty program

7.1. General provisions

7.1.1.     A loyal customer of Rosena has his/her account in the online system, in which it is possible to review purchase history, accumulate loyal customer points, save favorite goods, participate in special offers aimed at loyal customers and manage the information related to one’s account

7.1.2.     Any natural persons over 18 years of age and any legal persons may join Rosena loyalty program. Joining the loyalty program is voluntary and allows the registered person to obtain loyal customer bonuses. It is possible to join the loyalty program while making a purchase or on the website by following the Create Account/Register link.

 

7.2. Loyal customer privileges:

7.2.1.     Ability to collect bonus points that can be used to purchase the goods. Each purchase provides a number of bonus points to the Customer’s account. For each 10 euros spent 1 bonus point is transferred to the account. Once enough bonus points are collected the Customer may use them to purchase goods. Bonus points can be used for discount per each order in the amount of up to 20% of the value of the goods in the order. Example: The order contains 10€ worth of products, in this case a customer can use up to 2€ worth of bonus points for a discount. 

7.2.2.     Loyal customer offers; Loyal customer offers are sent via e-mail, and the prerequisite to receiving them is allowing newsletters to be sent.

7.2.3.     Information regarding campaigns, new goods and discounts in the online store;

7.2.4.     Ability to add favorite goods to the account (goods are added to separate categories for the Customer’s convenience);

 

7.3. Useful information

7.3.1.     Bonus points are accumulated on the account of the particular customer (the points are transferred to the account within 7 days after making a purchase). Bonus points of the loyalty program are valid for one year. Bonus points cannot be transferred to third parties.

7.3.2.     Bonus points are only issued where the Customer has registered as a loyal customer of Rosena and is logged in at the time of making a purchase.

7.3.3.     Information with regard to the bonus points on the Customer’s account is available after logging in, or by contacting Rosena by email or by phone +372 6 500 059 

 

  1. Contact details

8.1. General contact details:

·         Rosena DK OÜ (registration code 14002345), the owner company of Rosena online platforms

·         Email: info[at]rosena.ee

·         Phone: +372 6 500 059

·         Address: Paavli 5A, 10412, Tallinn, Estonia

 

8.2. Banking details:

·         AS SEB Pank, Tornimäe 2, 15010 Tallinn, Estonia

·         SWIFT/BIC Code: EEUHEE2X

·         IBAN: EE901010220250555227

 

  1. Changes to the conditions and contractual negotiations

9.1. Rosena has the right to change the Conditions as needed. If you are registered as a user you will receive a notification on the change of the Conditions and if you wish to continue using Rosena services you must agree to the new Conditions. If you do not agree to the new Conditions, you do not have the right to use Rosena services.

9.2. In case of disputes the latest version of the Conditions applies.

9.3. These Conditions, the Privacy Conditions and the materials of the third parties referred to in the Conditions form the complete conditions of the Contract, regardless of any other negotiations prior to conclusion of the contract.

 

  1. Availability of services and intellectual property

10.1.      Rosena shall make everything in its power to ensure usability of Rosena online stores, however sometimes it may be impossible (there may be technical issues, interruptions, etc.). Thus Rosena cannot guarantee that the online stores are at all times ready for use and functional.

10.2.      Rosena trademark is protected by the legislation of the Republic of Estonia. Any use of the trademark without permission of its owner is prohibited (except where the law provides differently).

10.3.      The online store as a whole, its individual components and its source code are protected by copyright of Rosena or other parties. Copyright or other intellectual property rights also protect photographs and other materials in the online store, where it is not separately indicated that particular materials can be used freely. Copying, disseminating or otherwise using such materials for purposes other than personal is prohibited except where the law provides differently).

 

  1. Differences in applicability of the Conditions for legal persons

11.1.      Sections 4, 5.1 and 5.2 (with their respective subsections) do not apply to legal person Customers. Where the current Conditions do not apply Rosena and legal person Customers shall be guided by provisions of the law.

 

  1. Jurisdiction and applicable law

12.1.      These Conditions are governed by the legislation of the Republic of Estonia.

12.2.      The parties attempt to settle any disputes by negotiations. Where the parties fail to reach an agreement, disputes are settled by Harju County Court. 

 

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