Verkkokaupan palveluehdot

These Terms and Conditions apply from 1 January 2023.

1. GENERAL

1.1. The purpose of these Online Store Terms and Conditions (the "Terms and Conditions") is to set out the terms and conditions under which PouchEurope enables customers to purchase packaging via the website www.poucheurope.com (the "Online Store").

1.2. In addition to these Terms and Conditions, legal relations arising from the purchase of products through the Online Store are governed by the legislation of the Republic of Estonia.

1.3. PouchEurope may make changes to these Terms and Conditions, as well as to the range and prices of products sold on the Online Store. Any changes will be communicated in the Online Store environment. The Customer's purchase is subject to these Terms and Conditions, and to the prices applicable at the time the purchase is completed, and it is the Customer's responsibility to consult the latest version of these Terms and Conditions on the website before making any purchase. The Terms and Conditions applicable to the Customer's purchase can be found at: https://poucheurope.ee/e-poe-muugitingimused/.

1.4. By visiting the Online Store and purchasing any products, the Customer agrees to these Terms and Conditions. If you have any questions regarding the Online Store or these Terms and Conditions, please do not hesitate to contact PouchEurope customer service by sending an email to info@poucheurope.com or by calling +372 5346 6911.

2. THE SELLER

2.1. The Online Store is operated by POUCHEUROPE OÜ (registration code 12914610, registered office Meistri 12, Tallinn 13517, Harju county), who is also the seller (“PouchEurope” or the “Seller”). For general enquiries, please contact PouchEurope by sending an email to info@poucheurope.com or by calling +372 5346 6911.

3. PRODUCTS AND PRICES

3.1. The images presenting the products sold on the Online Store are for information purposes only and, for technical reasons or due to the different technical parameters of computer screens, the colours of the products displayed on the Online Store may differ slightly from the actual colours.

3.2. The prices of the products are displayed next to each product on the product pages of the Online Store. The prices are in euros and do not include VAT applicable in the Republic of Estonia. For businesses registered for VAT in Estonia, VAT is added in the shopping basket. Businesses registered in the European Union (except Estonia) with a valid VAT number will not be charged VAT on their order.

3.3. A delivery fee corresponding to the delivery method chosen by the Customer during the checkout process will be added to the price of the product displayed next to the products. It is possible to deliver products from the Online Store to EU countries.

4. COMPLETING THE PURCHASE

4.1. The Customer can shop online as a visitor to PouchEurope.

4.2. To make a purchase, the Customer will select the desired product from the Online Store and choose the desired quantity and package size from the product page.

4.3. The product(s) selected by the Customer are added to the Online Store shopping basket by clicking on the "Add to basket" link. It is possible to change quantities in the shopping basket and to remove products from the shopping basket before making payment for the item(s).

4.4. If the Customer selects any product(s) in the Online Store that are out of stock or not available in the requested quantity at that moment, the Customer will be able to send a request to the Seller via the corresponding request form, to which the Seller will respond as soon as possible.

4.5. In order to view the contents of the shopping basket and/or to make a purchase, you need to hover over the shopping basket icon and click on the "Cart" link.

4.6. In order to complete the purchase, the Customer needs to enter the required details and select the appropriate delivery and payment method. If the Customer does not choose to pick up the item(s), the cost of delivery will be added to the price of the item(s) in the shopping basket.

4.7. After entering the information required to complete the purchase, confirming that they have read the Terms and Conditions, and clicking on the "Place your order" link, a prepayment invoice for the order will be sent to the email address provided by the Customer.

4.8. After paying for the purchase, the Customer will receive an order confirmation.

4.9. The contract between the Seller and the Customer is concluded from the moment the full amount of the purchase price paid by the Customer is credited to the Seller's current account.

4.10. The Customer will make purchases in the Online Store at their own risk and will be fully responsible for their own actions when making purchases in the Online Store. Among other things, the Customer will be fully responsible for the safekeeping of their debit and credit cards and of their purchase details. PouchEurope will not be liable for any damages or any other consequences arising from incorrect information provided by the Customer when making a purchase, or if a third party purchases the Products using the Customer's debit or credit card details, purchase number or available purchase confirmation without the Customer's knowledge, and the products are delivered on that basis.

5. PAYMENT

5.1. The Customer will pay the full amount of the sales price of the product(s) and the delivery fee as an advance payment for the purchase. The Customer can choose the payment method when making the purchase.

5.2. Payment for the purchase is made by bank transfer on the basis of an invoice. The invoice, together with the order confirmation, will be sent to the email address provided by the Customer. The order will be confirmed and the goods will be dispatched once the payment has been credited to the account of the PouchEurope Online Store.

5.3. The payment is made in the payment service provider's secure environment outside the PouchEurope Online Store. The Seller does not have access to the Customer's debit and credit card details.

5.4. A service fee may be added to the price of the purchase in accordance with the agreement between the Customer and the debit or credit card issuer.

6. DELIVERY OF PRODUCTS

6.1. The Customer will choose the place and method of delivery of the products when making the purchase.

6.2. The Customer may collect the ordered product(s) themselves or have the product(s) delivered to the address indicated by the Customer using a courier service.

6.3. Collecting the product(s)

6.3.1. The Customer may have the products delivered to the PouchEurope warehouse of their choice (Alpi Eesti OÜ, Loomäe tee 8, Lehmja, Rae Rural Municipality, Harju County) and collect the products themselves.

6.3.2. After the Seller has sent a confirmation of purchase to the Customer, the products purchased from Monday to Thursday will be ready for dispatch from the warehouse on the next working day after 2:00 p.m., and the products purchased from Friday to Sunday will be ready for dispatch from the warehouse on the following Tuesday after 2:00 p.m.

6.3.3. Products can be collected from the PouchEurope warehouse from Monday to Friday, 9:00 a.m. to 4:00 p.m. Products cannot be collected outside the above-mentioned hours or on public holidays. The Seller reserves the right, for reasons of expediency, to substitute one PouchEurope pick-up point for another, informing the Customer thereof without undue delay, but in any event on the working day preceding the day on which the product is made available.

6.3.4. The products purchased will be issued to the Customer upon presentation of the purchase confirmation.

6.3.5. There is no delivery charge when products are collected from a PouchEurope warehouse.

6.3.6. If the Customer fails to collect the purchased products within 14 calendar days, the Customer will be deemed to have withdrawn from the purchase and the Seller will refund the purchase price to the Customer within 14 calendar days at the latest, using the same method of payment used by the Customer to make the payment.

6.4. Delivery of products by courier

6.4.1. If the products are delivered by courier to the address indicated by the Customer, a delivery fee of EUR 10 will be added to the price of the order if the delivery address is in Estonia, or EUR 30 if the delivery address is in another EU country.

6.4.2. The time of delivery of the purchased product by courier depends on the place of delivery and is generally up to 3 working days in Estonia and 7 working days internationally from the date of entry into force of the contract between the Seller and the Customer. The exact time of delivery will be agreed by the courier with the Customer in advance by telephone.

6.4.3. Products are delivered by courier to the front door.

6.4.4. The Customer must ensure receipt of the products at the agreed time and address. If the Customer fails to be present at the agreed time and the goods cannot be delivered as a result, the costs of returning the goods will be borne by the Customer.

7. ACCEPTING THE PRODUCTS. NON-COMPLIANCE

7.1. The risk of accidental loss or damage to the product will pass to the Customer from the moment of receipt of the product by the Customer.

7.2. Only unused goods in their original packaging can be returned.

7.2. On receipt of the product, the packaging should be opened carefully without damaging the product. This is important if the Customer wishes to exercise the consumer's right of withdrawal set out in Section 8 of these Terms and Conditions.

7.3. The Customer should check the conformity and compliance of the product immediately upon receipt. If, on receipt of the product, the Customer discovers that the packaging has been damaged or that wrong or defective packaging has been sent to the Customer (damaged, not corresponding to the order, manufacturing defects, etc.), the Customer should inform the Seller immediately, but no later than 5 days after delivery of the product, or, in the case of hidden defects, as soon as they become aware of them. In order to submit a notification (complaint), the Customer may send written notification by email (i.e. the Customer's name and contact details, the date of the notification, the purchase confirmation number or invoice number and the description and photos of the non-conformity). Notifications should be sent by email to info@poucheurope.com or in writing to PouchEurope at Meistri 12, Tallinn 13517, Harju county.

7.4. If a Customer engaged in an economic or professional activity fails to check a product as set out above, or fails to do so with due diligence, or fails to report a non-conformity as set out above, and the non-conformity of the product is such that it could have been detected by a proper inspection, then that Customer may not subsequently lodge a claim based on that non-conformity.

7.5. The Seller will express their position on the non-conformity within 15 working days and, if a non-conformity exists, inform the Customer of the next steps to be taken to remedy the non-conformity. Failure to respond to a Customer's communication will not be deemed to constitute acceptance of the non-conformity. The Seller will remedy the non-conformities within a reasonable time.

7.6. If the non-conformity cannot be remedied, both the Seller and the Customer have the right to withdraw from the contract. In such a case, the Customer will return the non-conforming product to the Seller in accordance with Sections 8.4 and 8.5 of these Terms and Conditions (unless the product has already been returned) and the Seller will reimburse the Customer the amount paid for the non-conforming product and the cost of delivery of the product to the Customer. The Seller will refund the aforementioned amount to the Customer no later than 14 calendar days from the date of receipt of the withdrawal request, using the same payment method used by the Customer to make the payment, unless otherwise agreed by the parties.

7.7. In the event of non-conformity of the product, the Customer also has the right to exercise other legal remedies provided by law.

8. CONSUMER'S RIGHT OF WITHDRAWAL

8.1. A Customer who is a consumer (hereinafter referred to as the Consumer) has the right to withdraw from the contract concluded in the Online Store without giving any reason within 14 days from the date of taking possession of the purchased product. In order to withdraw, the Consumer will submit a withdrawal request to the Seller by email (stating the Customer's name and contact details, the date of the notification, the purchase confirmation number or invoice number and the description and photos of the non-conformity) and return the purchased product(s) to the Seller. The Consumer may bring the product(s) to be returned directly to the PouchEurope warehouse (Alpi Eesti OÜ, Loomäe tee 8, Lehmja, Rae Rural Municipality, Harju County, during the opening hours referred to in Section 6.3.3) or use a courier service.

8.2. The product must be returned in the same condition in which it was delivered to the Consumer, in its original packaging and unused. The Consumer will return the product in transport packaging that ensures the preservation of the product during transport. The Consumer is not required to return the product in the Seller's transport packaging, but it is recommended.

8.3. In order to avoid damage to the product being returned, the Consumer should handle the product with care (i.e. the Consumer should only use the product to get to know the product in a way that is normally allowed in a shop to ascertain the nature, characteristics and functioning of the product) and should keep and return together with the product all documents accompanying the consignment.

8.4. The Consumer's right of withdrawal does not apply to products which, by their nature, cannot be returned (e.g. for health or hygiene reasons, etc.).

8.5. If the Consumer exercises the right of withdrawal, (i) the Consumer will bear all the direct costs related to the return of the product, unless the Consumer returns a non-conforming product (in which case Chapter 7 applies), and (ii) the Consumer will also be liable for the depreciation of the returned product due to its deterioration.

8.6. The Seller agrees to reimburse to the Consumer, within 14 days of receipt of the withdrawal request and the product (or the product return certificate), the payments received for the returned product, including the costs of delivery of the product to the Consumer in cases where the product does not correspond to the order or is defective. If the Consumer has expressly chosen a delivery method other than the cheapest delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer the costs that exceed the costs of the usual delivery method. The Seller will reimburse the amount using the same method of payment used by the Consumer to make the payment, unless the parties agree otherwise.

9. PROTECTION OF PERSONAL DATA

9.1. All personal data of the Customer will be treated as confidential and in accordance with the Privacy Policy which forms part of these Terms and Conditions. The Customer is invited to read the Privacy Policy, which can be found below:

(a) Why (and for what purpose) PouchEurope processes the Customer's personal data

(b) The legal basis for the processing of personal data

(c) Which personal data are processed by PouchEurope

(d) Where PouchEurope obtains the Customer's personal data

(e) To whom PouchEurope discloses the Customer's personal data

(f) Retention of Customer's personal data

(g) Customer's rights and how to exercise them

10. APPLICABLE LAW. RESOLUTION OF DISPUTES

10.1. Subject to mandatory provisions, the law of the Republic of Estonia will apply to relations arising out of these Terms and Conditions and the use of the Online Store.

10.2. All disputes arising out of or relating to these Terms and Conditions and the purchase of Products from the Online Store will be settled by negotiation. In the event of failure of negotiations, disputes will be settled in accordance with the procedure established by the legislation of the Republic of Estonia.

10.3. In addition, a customer who is a consumer may file a complaint for out-of-court dispute resolution with the Consumer Protection and Technical Surveillance Authority's Consumer Environment Department (Pronksi 12 Tallinn 10117, https://www.ttja.ee) and with the Consumer Disputes Committee (Pronksi 12 Tallinn 10117, http://www.komisjon.ee), and use the European Union online dispute resolution procedure (http://ec.europa.eu/odr). The Consumer Complaints Committee reviews complaints free of charge for the parties.

11. CONTACTS OF ONLINE STORE CUSTOMER SERVICE

Email: info@poucheurope.com

Telephone: +372 5346 6911

Mon-Fri 10:00 a.m. to 5:00 p.m. (GMT +2), service is available in Estonian and in English.