Terms and Conditions
Terms and Conditions
1. General terms and conditions
1.1 E-store is an online store established and managed by Furgner OÜ (hereinafter the Seller), where the Seller mediates the sale of products (hereinafter the Product) of third party furniture and interior decoration product manufacturers (hereinafter the Manufacturers) by means of commission sales to the Client.
1.2 The Seller sells the Products to clients in its own name and on behalf of the Manufacturers. When making a purchase from the e-store, a sales contract is entered into between the Seller and the Client.
1.3 The Seller and the Client in their mutual relations are guided by the Law of Obligations Act, other laws of the Republic of Estonia, other legal acts and the agreement in the Terms of Service.
1.4 The Seller has the right to change the Terms of Service at any time and unilaterally by notifying the Client on the e-store website www.furgner.ee.
2. PRODUCTS SOLD IN E-STORE AND PLACING AN ORDER
2.1. The Products displayed in the e-store are not in the Seller's stock – generally the Products are manufactured on the basis of the Client's order at the Manufacturers' location.
2.2. Images (including photos, 3-D models and drawings) displayed in the e-store are for illustrative purposes only and may differ from the actual Product. Product descriptions may not be exhaustive and may contain unintended errors.
2.3. The Products are marked with the maximum delivery time of the Product (hereinafter the Delivery Time). During the Delivery Time, the Manufacturer manufactures the Product desired by the Client and the Seller arranges the transportation of the Product from the location of the Manufacturer to the location desired by the Client.
2.4. If the Client's order cannot be fulfilled within the Delivery Time, the Seller will contact the Client and offer a possible new Delivery Time or a refund of the money paid. The money will be returned to the Client immediately, but not later than within 14 days after placing the order.
2.5. If the Client has ordered several Products with different delivery times in one order, generally the Products will be delivered altogether. If the Client wishes to receive the Products separately, the Client has the opportunity to personally pick up the Product in stock or pay for additional delivery. If ordering several Products and the delivery of one Product is delayed due to the fault of the Manufacturer or the Seller, the Seller shall deliver the Product in stock to the Client immediately and the Product delayed upon its arrival.
2.6. The products are sold to both natural and legal persons.
2.7. By concluding the sales contract, the Client confirms being at least 18 years of age.
2.8. The Client selects the desired Product, enters the data necessary to complete the order (surname, first name, contact phone, e-mail, delivery address, postal code) and pays for the Product via the Internet bank link.
2.9. The Client undertakes to provide correct data when placing the order. The Seller shall not be liable for improper fulfilment, non-fulfilment of the order or any consequences thereof due to incorrect data provided by the Client.
2.10. If the Client has placed an order via the e-store and has paid for the order, it is considered that a sales contract has been entered into between the Seller and the Client within the meaning of the Law of Obligations Act and taking into account the conditions provided in the Terms of Service (hereinafter the Sales Contract).
3. Prices of products
3.1. All prices of the Products indicated in the e-shop are in Euros and include VAT.
3.2. If the Client orders the home delivery of the Product, the transportation cost of the Product is added to the price of the Product. The transportation cost is calculated in the shopping cart.
3.3. If the Client wishes to personally pick up the Product, the Seller shall stock the Product in own store. From the 15th day of the deposit, the Seller has the right to ask the Client for an additional deposit fee of 3 Euros per day.
3.4. The Seller has the right to change the prices displayed in the e-store at any time. If the prices in the e-store have changed after concluding the Sales Contract, the Seller undertakes to deliver the Product to the Client for the price valid at the time of ordering.
4. DELIVERY TIME OF PRODUCTS AND TERMS OF DELIVERY
4.1. The goods are delivered to the Client using a third-party transport service provider.
4.2. The delivery time of the goods depends on the type of the Product and the volume of the ordered Products. The expected delivery time is indicated in the e-store separately in the description of each Product.
4.3. If the Product has been damaged during the delivery due to the activities of the transport service provider, the Seller shall repair the Product or replace it with a new Product if repair is impossible.
4.4. Exceeding the delivery time shall not be considered a breach of contract by the Seller if the delay of the Seller is caused by the delay of third parties (including the Manufacturers or the transport service provider).
4.5. Delivery of the ordered Product takes place only to the Client indicated in the order or a representative upon presentation of an identity document. Delivery of the Product to third parties takes place only with the prior agreement of the Client.
5. RIGHT OF WITHDRAWAL
5.1. The Client may withdraw from the contract entered into in the e-store without a reason within 14 days. The term for exercising the right of withdrawal starts from the day when the Products have been delivered to the Client.
5.2. The right of withdrawal does not apply to Products made by the Client's special order. The Product is made by special order, if upon placing an order the Clientcan determine the essential characteristics of the Product – colour, dimensions, material or other physical parameter of the Product.
5.3. In order to return the Product, a withdrawal notice must be submitted to the e-mail address firstname.lastname@example.org.
The return form can be found at this link.
5.4. Upon withdrawal from the Sales Contract, the Client must immediately return the purchased Product at own expense to the Seller, but not later than within 30 days after the notification of the withdrawal from the Sales Contract.
5.5. The returned Product must be free of defects, complete, in the original packaging and unused. If the product packaging can be opened without damaging it, but the returned Product is not in the original packaging or if the packaging is damaged, the Seller has the right to demand compensation from the Client for the decrease in the value of the Product.
5.6. If the returned Product did not comply with the Client's order, the Client does not have to bear the costs of return.
5.7. Upon receipt of the withdrawal application, the Seller shall immediately, but not later than within 14 days return all fees to the Client received on the basis of the Sales Contract, including the Shipping Cost.
5.8. The Seller may refuse to make a refund until the Client has returned the Product or provided proof that it has been returned.
5.9. The sales price is transferred to the same bank account from which it was received by the Seller.
5.10. If it appears after returning the Product that the Product has been used for longer than necessary to ascertain the nature, characteristics and functioning of the goods or the Client has damaged the goods, the Seller has the right to offset the decrease in the value of the Product by the amount refundable to the Client.
6. NOTIFICATION OF NON-COMPLIANCE OF THE PRODUCT WITH SALES CONTRACT AND RIGHT OF COMPLAINT
6.1. The Seller is responsible for non-compliance of the Product with the terms of the Sales Contract, which become apparent within two years from the delivery of the Product to the Client. Any complaint regarding non-compliance with the terms of the Sales Contract must be submitted not later than within 2 months from the occurrence of the defect.
6.2. Any complaint must be submitted to email address: email@example.com.
6.3. The complaint must be submitted in Estonian and together with a possibly clear description of the defect(s) in the Product.
6.4. The Seller is not responsible for the Product defects:
6.4.1. Caused by accidental or intentional damage to the Product by the Client;
6.4.2. Caused by the fault of the Client, which have arisen as a result of improper storage or improper use of the Product.
6.5. The Seller is not responsible for not eliminating the defects, if the defect did not appear during the repair or if the Customer did not notify the Seller of its occurrence by the time the Product was brought to repair.
6.6. If the repaired Product has not been used in accordance with the Product’s instructions, the right to submit a complaint does not extend to the Product. In such case, a price offer for the repair or replacement of the Product for a fee shall be prepared for the Client in cooperation with the Manufacturer. In case of cancellation of the price offer, the Client is obliged to pay a handling fee for identifying the Product defect and arranging the transportation. Depending on the Product, the handling fee is between 50 and 150 Euros.
6.7. The complaint shall not be resolved if the Seller proves that the defects in the Product have arisen through the fault of the Client in another manner. In such case, the Product shall be repaired under the conditions set out in section 6.6.
6.8. In case of disagreement, the Seller is obliged to perform an examination (expert selected by the Seller) within twelve months from the date of delivery of the Product to the Client in order to determine the causes of the defect in the Product. If as a result of the examination it occurs that the defect is due to the Client's fault and the Client does not agree with it, the Client has the right to demand an independent expertise (an expert approved by the Client). If the result of the independent expertise proves that the defect has arisen through the fault of the Client, the Client shall reimburse the costs of the examination.
6.9. If the Client submits a complaint about the Product after twelve months from the date of delivery of the Product to the Clientand the examination reveals that the Product is free of defects, the Clientshall bear all costs incurred by the Clientand the Sellers.
6.10. If it is impossible to repair the Product on which the complaint is based or its production has been terminated, the Product will be replaced with an equivalent Product with the consent of the Client.
7. MANUFACTURER'S WARRANTY
7.1. The Seller mediates the Manufacturer's warranty for the Products. The warranty entitles the Client to demand free repair or replacement of the Product during the warranty period. The warranty is valid in the territory of the Republic of Estonia.
8. SELLER AND CLIENT LIABILITY
8.1. The Client undertakes to use the e-store only in accordance with the law and good practices.
8.2. The Client shall be liable for damage caused to the Seller, other Clients, transport service provider or third parties due to the use of the e-store in violation of the Terms of Service, law or good practices.
8.3. The Seller shall not be liable for damages caused to the Client or for the delay in delivery of the Product if the damage or delay in delivery of the Product is due to a circumstance which the Seller could not influence and the arrival of which the Seller did not and could not foresee (force majeure).
8.4. The Parties shall be liable to each other for damage caused to the other Party by violation of these provisions in the cases and to the extent provided by the legislation in force in the Republic of Estonia.
9. DISPUTE RESOLUTION
9.1. If the Client has any complaint regarding the Seller, it must be sent to the e-mail address firstname.lastname@example.org or by calling: +372 6022252.
9.2. If the Client and the Seller cannot resolve the dispute by agreement, the Client can turn to the Consumer Dispute Commission. The terms of the procedure can be reviewed and the application submitted here.
10. MANDATORY AND BINDING TERMS OF SERVICE
10.1. It is obligatory for the Client to read the Terms of Service.
10.2. By placing the order and clicking an according window “I agree with the terms of service of the e-store”, the Client confirms having read, understood, agreed with the terms and wishes to enter into a contractual relationship with the Seller under the referred terms.
11. BANK LINKS
11.1. Bank links are provided by Montonio Finance UAB (montonio.com)