TERMS AND CONDITIONS
Purchases and sales from the e-store tumi.ee
1. Definitions
1.1. Seller – Osterode OÜ, registry code 10866733, legal address: Estonia, Harjumaa, Tallinn 11415, Suur-Sõjamäe 4.
1.2.Tumi.ee – electronic store at www.tumi.ee
1.3. Buyer – 1) a natural person of legal age whose activities are not limited by a valid court order; 2) minors, including 14-18-year-olds, who need the guardian's consent to make transactions; 3) legal entity.
1.4. Parties - buyer and seller jointly.
1.5. Personal data - any information about a natural person through which it is possible to identify the person, including data such as name, personal identification number, contact information.
1.6. Personal data processor Osterode OÜ.
1.7. Terms of use - Terms created by the seller for using the Tumi e-store.
1.8. User account – a collection containing personal data and order history registered on the buyer's Tumi.ee page.
1.9. Goods - these are all kinds of goods for sale on Tumi.ee: suitcases, handbags, backpacks, wallets, accessories. For the purposes of these Terms and Conditions, the term "goods" means both the singular and the plural.
1.10.Purchase and Sale Agreement means the purchase and sale agreement between the Buyer and the Seller, which constitutes the request for ordering goods submitted by the Buyer to the Seller on the Tumi.ee website, and the Purchase and Sale Terms and Conditions, which are later supplemented and amended.
1.11. Privacy policy – a document approved by the company, which basically contains the rules for collecting, storing, handling and storing personal data used by Tumi.ee. The Privacy Policy is an integral part of these Terms.
2. General conditions
2.1. These terms and conditions are binding legal documents for the parties to the contract, which outline their rights and obligations, terms of purchase and payment of goods, methods of delivery and return of goods, and other terms and conditions related to the purchase and sale of goods on Tumi.ee.
2.2. The seller has the right to change or supplement the Terms of Use and the Privacy Policy. In case of changes, it will be announced, the corresponding information will be published on the Tumi.ee website. The new rules will be effective from the moment they are published on the Tumi website.
2.3. When making a purchase, the Buyer confirms that he has read and agrees to the Terms of Use and the Privacy Policy. By confirming the reading of the Terms, the buyer must also confirm that he has the right to purchase goods from Tumi.ee and that he meets the definition of a buyer presented here.
2.4. When making a purchase, the Customer confirms that he has read and agrees to the Terms of Use. The buyer has the opportunity to agree or disagree with what is published, which is stipulated in the specified point of the terms and conditions, by filling out the "New customer registration" form on the Tumi.ee website during registration, and every time he places an order for the purchase of goods.
2.5. If the Seller has the right or obligation to provide information or documents to the Buyer by e-mail, the Buyer is responsible for always providing the Seller with the Buyer's valid e-mail address. In the event that the Buyer does not update his data appropriately, the Seller shall not be liable for any damages that the Buyer may incur as a result of being unable to contact him.
3. Legal relations of ordering and buying and selling goods
3.1. The buyer can make a purchase on Tumi.ee in one of the ways mentioned below: - By registering on the Tumi.ee page and making a purchase through the User Account (by entering a username and password); or on the Samsonie.ee page without registration.
3.2. In the event that the Buyer uses the website to make a purchase, the purchase is considered completed and the sales contract concluded between the Seller and the Buyer after the Buyer selects a product or service and adds it to the shopping cart and completes all the steps of the order, including confirming the order. The buyer is obliged to pay for the ordered goods in accordance with the prescribed conditions. The Seller sends the Buyer relevant information about the confirmation of the order to the Buyer. The purchase and sale agreement is deemed to have been duly executed if the goods have been handed over to the Buyer in accordance with the legislation and in the manner prescribed herein.
3.3. Personal data is used and stored for two calendar years from the moment of the last purchase and sale. If the Seller deems it necessary (for example, in the Seller's accounting and/or for other legitimate business purposes), the Buyer's orders or a specific order from one Buyer may be stored in the Tumi.ee online store database for a longer period of time.
4. Buyer's rights
4.1. The buyer has the right to purchase goods from the Tumi e-store in accordance with the Terms of Use.
4.2. The buyer has the right to cancel his order in accordance with the procedure provided in the Terms of Use.
4.3. The buyer has the right to exchange or return the goods in accordance with the requirements set out in the Terms of Use.
4.4. The buyer has other rights set forth in these Terms of Use and the Privacy Policy and obligations arising from the laws of the Republic of Estonia.
5. Seller's rights
5.1. The seller has the right to partially or completely change, suspend or terminate the function of Tumi.ee, as well as to change the arrangement of elements on Tumi.ee.
5.2. The seller has the right to suspend or terminate the operation of the Tumi e-store. In this case, all accepted and confirmed orders must be completed and no new orders will be accepted.
5.3. The Seller has the right to cancel the Buyer's order in the manner provided in subsection 10 of this section.
5.4. If the Buyer chooses the delivery method defined in Clause 10.4 of this Agreement, the Buyer has the right to contact the Buyer using the information in the order in case of any ambiguity regarding the information provided in the order. The Seller is not responsible for any delay or failure in order fulfillment if it was impossible to contact the Buyer using the contact information provided by them.
5.5. The seller can start different campaigns at his discretion. The Seller provides the Buyer with a direct marketing offer in accordance with the provisions of the Privacy Policy. The seller has the right to unilaterally change or terminate the conditions of the organized offer without prior notice.
5.6. The seller has other rights that are specified here or in the legislation of the Republic of Estonia.
6. Obligations of the buyer
6.1. The buyer is obliged to pay for the ordered goods in accordance with the prescribed conditions. If the Buyer wants to pick up the goods himself from our stores, he is obliged to do so within the agreed time defined by this contract.
6.2. The buyer is obliged to protect his username, password and other data. The buyer does not have to disclose his personal data to third parties. Buyer bears all responsibility for the consequences of failure to maintain logging information.
6.3. Buyers of Tumi.ee confirm that they have read and familiarized themselves with the Terms of Use and the Privacy Policy. The buyer must fulfill the conditions stipulated in the Terms of Use and the Privacy Policy and the obligations arising from the laws of the Republic of Estonia.
7. Responsibilities of the seller
7.1. The seller offers the opportunity to use the services of the online store under these Terms of Use or other conditions established by Tumi.ee.
7.2. The Seller delivers the purchased product to the Buyer at the specified address in accordance with these Terms.
7.3. The Seller undertakes to respect the Buyer's privacy. The buyer's personal data may be processed only in accordance with the Terms of Use, the Privacy Policy and the conditions stipulated in the laws of the Republic of Estonia.
7.4. According to the Terms of Use, the Seller undertakes to provide the Buyer with the products he ordered and to take back the goods in the cases specified in the Terms of Use.
7.5. If the Seller has problems with the delivery of the ordered goods, it is his responsibility to offer a similar product to the Buyer. If the Buyer is not interested in the product offered by the Seller, the Seller is obliged to return the Buyer's money by transferring the money to the Buyer's account within 14 (fourteen) working days.
7.6. It is possible to return the product only if the product is not damaged, its appearance has not changed in any way and it is with the label and case and in the original packaging, i.e. in exactly the same condition as it was when the product was handed over to the Buyer. The product must be returned as a complete set, including the gifts that came with the product must be returned at the same time as the returned product. The money will be returned to the Buyer within 14 (forty) working days from the return of the goods to the Seller.
8. Product prices, payment methods and deadlines
8.1. All prices indicated on the Tumi.ee page are in euros and include VAT 22%. The buyer must see that the price of a certain item is paid to the shopping cart after it is created. If the Buyer does not agree with the price, he must complete the ordering procedure.
8.2. The price of the goods does not include the delivery fee, which is displayed in the e-Shop before the Buyer places the order. The exact delivery fee depends on the value of the order and the delivery location and service. The buyer pays the delivery fee, unless the store clearly states that delivery is free. The seller may offer free shipping if the purchase amount exceeds a certain amount.
8.3. The Seller can change the price of the product after confirming the order only if there is a technical or other reason beyond the Seller's control. In such a case, if the Buyer is not willing to purchase the product at the new price, the Buyer can cancel his order immediately upon receiving information about the price change from the Seller. In case of cancellation of the order, the Buyer will be refunded all his money.
8.4. You can pay for your order using one of the following payment methods:
8.4.1. Via online banking processed by paysera.com (payment is made at the time of order);
8.4.2. by bank transfer (takes up to 2-4 working days);
8.4.3. with a payment card.
8.5. Payment via bank or payment card is made as an advance payment and is processed by the payment system. With other payment methods, the Buyer is directed to the website of the payment service provider. While there, the buyer confirms the prepared transfer form and/or provides additional payment information. The login data of these websites and the data entered by the Buyer are used only for payment purposes and are not disclosed or transmitted to the Seller. After making a payment, the Store displays the payment result for the buyer to see. Payment is considered received from the date the money is credited to the Seller's account.
9. Cancellation of order
9.1. The seller has the right to cancel the buyer's order without notice if the buyer chooses the payment methods listed in clauses 8.3.1, 8.3.2 and 8.3.3 of this contract and does not pay within 2 (two) working days.
10. Delivery
10.1. The Buyer can pick up the goods at the Seller's Samsonite stores in Tallinn (the specific store where the order can be picked up is selected from the list displayed when placing the order, when picking up the Goods, the Buyer must present an identity document (identity card, passport or driver's license). If the Buyer chooses a courier service as the delivery method, then the Buyer must provide the exact delivery address and contact telephone number.
10.2. The goods can be picked up by the person who ordered the goods or his authorized representative.
10.3. The seller delivers the goods to the buyer or his authorized representative.
10.4. If the Buyer chooses a courier service as the delivery method, then:
10.4.1. The buyer must provide the exact delivery address and contact phone number.
10.4.2. The buyer undertakes to accept the goods. An identity document (valid identity card, passport or driver's license) must be presented to the courier. If the Buyer is not able to receive the goods, but the goods have been delivered to the address provided by the Buyer, the Buyer does not have the right to file a complaint with the Seller about non-fulfillment of the delivery conditions.
10.4.3. The Buyer shall pick up his goods no later than within three (3) working days from the moment when the Seller informed the Buyer via e-mail or telephone that the goods are present. If the Buyer does not pick up the goods on time, the Seller will store the ordered goods in his warehouse for a maximum of 30 days (storage is charged at EUR 1/day), after which the Seller will terminate the purchase and sale agreement and return the money for the purchased goods to the Buyer. The seller is not responsible for any damages that may arise from the termination of the sales contract as described above.
10.4.4. The person who ordered the goods can pick up the goods. When picking up the goods, the Buyer must present an identity document (identity card, passport or driver's license).
10.5. The seller reserves the right to change the price of delivery and the amount of the order from which the free delivery starts. The seller does not have the right to change the delivery price and the amount of the order, from which the free transport starts, if the order has already been confirmed by the buyer.
10.6. The goods will be sent to the notified address of the Buyer or the authorized persons named by him, after the payment has been received, and the obligation to pay for the delivery of the goods to the end point begins, unless the circumstances described in clause 5.4 of this document did not occur, and in this case, the delivery period begins from the date when we were able to contact the Buyer .
10.7. The seller delivers the goods to the customer according to the agreed conditions and within the delivery time. In the event that the Seller is unable to deliver the goods to the Customer under the agreed conditions and within the deadline, he shall inform the Customer thereof.
10.8. The Seller is released from responsibility if the Buyer has violated the rules of the delivery conditions and the order does not arrive on time in cases caused by the Buyer or due to a delay in acceptance by the Buyer or in cases of force majeure or violations by third parties.
10.9. After receiving the goods, the Customer must make sure that the goods meet the requirements, including checking the correctness of the price and signing the relevant documents. By signing, the Customer confirms that the package is in good condition and undamaged. In the event that the Customer notices upon receiving the goods that the package is damaged (wrinkled, wet or damaged in any other way), the damage must be recorded immediately in a written document drawn up in the presence of the courier.
10.10. In the event that the Customer does not immediately fix the damage in accordance with p. 10.9, the Seller is released from any obligations regarding damaged or defective goods
11. Product return and exchange
11.1. According to § 53, 56, 56(1), 56(2), 56(3), 57 of the Debt Law Act and the Minister of Justice's 17.12.2013. of Regulation No. 41, the Buyer may return or exchange the purchased goods within 14 days.
11.2. In order to be able to return high-quality Goods, the Buyer informs the Seller about this in writing (by e-mail) and fills out the return form, which can be obtained here, in order to attach it to the return shipment of the Goods by registered mail. The goods to be returned must be UNUSED and in the original packaging.
11.3. The right to return within a period of fourteen days is counted from the moment the goods are handed over to the Buyer and notified to the Seller as described in clause 11.2.
11.4. All returns are subject to the following conditions:
11.4.1. The goods to be returned must be UNUSED and in the original packaging;
11.4.2. The goods to be returned must be in the original packaging, i.e. in exactly the same condition as it was when the goods were handed over to the Customer;
11.4.3. The goods must be returned as a complete set, including the gifts that came with the given product must be returned at the same time as the returned goods;
11.4.4. The buyer must attach to the products all sales documents that came with the goods and a completed return request;
11.4.5. The costs for the return are paid by the Buyer (except for the return of defective goods);
11.4.6. The amount paid for the goods returned to the buyer will be returned to the bank account in accordance with clause 7.6.
11.5. If the buyer has purchased a set of goods from Tumi.ee (a set of 2 or 3 items in total), the Buyer must return the entire set to the Seller.
11.6. The seller has the right not to return the money if the return of the goods does not meet the specified conditions.
12. Liability
12.1. The buyer is responsible for the right to personal data transferred to the seller. If the Buyer provides inaccurate information in the registration form, the Seller is not responsible for the consequences and has the right to demand compensation for any damage caused by the Buyer.
12.2. The buyer is responsible for the activities he carries out using the Sasmonite.ee user account.
12.3. The buyer is obliged to protect his username, password and other data. The buyer does not have to disclose his personal data to third parties. In the event that a third party uses the Buyer's registration data to log in to the Tumi.ee website and performs any further activity (for example, places an order), the Seller considers the third party to be the Buyer.
12.4. The Seller is not responsible for any damage caused by the Customer's violation of the conditions set forth in the Terms of Use and/or the Privacy Policy.
12.5. For any direct damage caused, the guilty party is responsible and compensates for the damage caused.
12.6. Based on the Purchase and Sale Agreement, the Seller is not responsible for any delay and/or delivery failure or delivery delay caused by third parties or circumstances which the Seller could not control at the time of concluding the Purchase and Sale Agreement or reasonably foresee or avoid their consequences (force majeure (force majeure) case). If such circumstances last more than 1 (one) month, the parties may agree to terminate the Purchase and Sale Agreement.
13. Product quality and warranty
13.1. The Seller offers high-quality products, the description of which is precisely stated on the Seller's website with the corresponding item. The product complies with the sales contract if the product meets the description and quality of the Seller.
13.2. The seller is not responsible for the fact that the size, shape, color or other parameters of Tumi.ee products do not correspond to the actual size, color or other parameters of the product due to image differences, the specificity of the electronic devices used by the Buyer or other technical reasons.
13.3. The purchased goods are subject to a 2-year right to submit a claim, of which the store determines the origin of the error within the first 6 months. The claim submission period starts from the dates shown on the shipping document drawn up at the time of delivery of the goods to the customer (this can be a check, invoice, bank statement or other document showing the time and parties of the transaction). If the consumer does not agree with the solution offered by the trader and considers that his rights are violated, he can submit an application to resolve the dispute to the out-of-court dispute resolution unit, which is the Consumer Disputes Commission operating at the Consumer Protection Board (Pronksi tn 12 Tallinn 10117, phone 620 1920, vytutus@komisjon.ee). The procedural rules of the out-of-court settlement unit can be found at www.tarbijakaitseamet.ee
13.4. If the product has a warranty certificate, then the product is subject to an additional warranty by the manufacturer, the corresponding information is indicated in the product description along with the length of the warranty period. When purchasing a product, a warranty document is also issued with the product. Different warranty periods and other conditions are stipulated in the accompanying warranty cards of the Goods. More information about existing guarantees and their conditions can be found HERE.
13.5. The seller does not do warranty repairs. Warranty repairs and maintenance are carried out by repair and maintenance centers authorized by Tumi.
14. Marketing tools applied by the seller
14.1. The seller can start campaigns of various offers at his discretion. The seller has the right to unilaterally change the conditions of the organized campaign or terminate the campaign without prior notice.
15. Final Provisions
15.1. The Seller's Terms of Use have been prepared in accordance with the laws of the EU and the Republic of Estonia.
15.2. The relations between the Seller and the Buyer are regulated by the legislation of the Republic of Estonia.
15.3. The parties will try to resolve all disputes that arise in connection with the fulfillment of the Terms of Use through negotiations. If the parties do not manage to reach an agreement, the disputes will be resolved in accordance with the laws of the Republic of Estonia.
15.4. If an agreement is not reached, the customer has the right to appeal to the Consumer Protection Board at: Pronksi 12, 10117 Tallinn, ESTONIA, (tel.: +372 6 201 707, www.tarbijakaitseamet.ee) and the Consumer Disputes Commission (Pronksi 12, Tallinn 10117, www.komisjon.ee) for out-of-court settlement. In addition, the European Union's electronic environment (Online Dispute Resolution) is open to customers for resolving complaints with e-traders at: http://ec.europa.eu/odr/.