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Terms & Conditions

CONDITIONS OF USE OF FIELD-TARGET E-ORDER ENVIRONMENT

 

 

1. GENERAL

1.1 The conditions of the e-order environment (hereinafter: Conditions) concern the conditions for using the shop.field-target.ee online ordering environment (hereinafter: E-environment) of Megastar AS (hereinafter: Merchant). If a person who wishes to use the E-environment (hereinafter: the User) registers himself or herself as a user of the E-environment or uses the E-environment, it means that he or she agrees to the Conditions and undertakes to comply with them.

1.2 Contact information of Merchant: Megastar AS, Kiisa 8B, 11313 Tallinn, e-mail megastar@megastar.ee, phone +372 60 16 026 and +372 60 16 028, fax +372 60 16 027.

1.3 All rights to the content of the service shall belong to Merchant.

2. DEFINITIONS

2.1 Registered user – the user of the E-environment who has registered himself or herself an account in the E-environment.

2.2 Subscriber – a person who has submitted an order in the E-environment.

2.3 Recipient – a person to whom Merchant sends the products purchased through the E-environment.

2.4 Order – an application submitted by the Subscriber to Merchant in the E-environment for the purchase of products, which is the basis for the settlement of accounts with the Subscriber and the delivery of products to the Recipient.

2.5 Address of the Order (hereinafter: Address) – the destination/place of delivery of the products specified in the Order.

2.6 Amount of the Order – the cost of the Order comprising the cost of the products to be purchased, the cost of additional services and the fees related to the execution of the Order, or the amount to be transferred by the User to the advance payment account.

2.7 Products – products ordered by the User through the E-environment.

3. PRODUCT INFO

3.1 Product prices include VAT at 20%.

3.2 Product images are for illustrative purposes only and may differ from the actual product.

3.3 Merchant attempts to be as accurate as possible. However, Merchant does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

4. RIGHTS, LIABILITY AND OBLIGATIONS OF THE USER

4.1 The User has the right to use the E-environment in accordance with the Conditions and applicable legislation, inter alia, to submit Orders through the E-environment, receive information, submit enquiries, change the data supplied upon registering himself or herself as the User, etc.

4.2 The User has the right to demand the closing of his or her user account by sending a corresponding notice to the customer service email address of Merchant (teh@field-target.ee).

4.3 The User has the right to send complaints concerning the use of the E-environment to the client service email address of Merchant (phone +372 60 16 026, Mon-Fri 8 a.m.-5 p.m. (except for national holidays), teh@field-target.ee).

4.4 The User shall be liable for using the entire E-environment through the user name and password of his or her user account and for compliance with the Conditions when doing so. The User undertakes not to share their password with any third party.

4.5 The User shall be liable for the accuracy of the data of the Orders and enquiries entered in the E-environment.

4.6 The User shall be liable for any acts made by the authorised person or persons in the E-environment as a result of which Merchant incorrectly carried out the Order (sent products to a wrong address, etc) or the execution of the Order by Merchant proved to be impossible.

4.7 The User undertakes only to use the E-environment for the purposes that are in compliance with legislation and good practice.

4.8 The User shall be fully liable for any damage caused to Merchant, other Users, or third parties through the use of the E-environment contrary to the Conditions, legislation, or good practice.

5. RIGHTS, LIABILITY AND OBLIGATIONS OF MERCHANT

5.1 Merchant has the right, without prior notice, to limit the possibilities of using the E-environment for the purposes of preventing technical failures or repairing any failures present, while striving to ensure that such limitations would have minimum scope and duration. Merchant shall notify the User of any limitations on the use of the Environment at the first possibility on its website at shop.field-target.ee.

5.2 Merchant shall reply to the notifications of the User specified in clause 4.2 no later than within ten (10) working days.

5.3 Merchant shall not be liable for the correctness of the data entered by the User in the E-environment.

5.4 Merchant has the right to close the user account by notifying the registered User thereof if Merchant has identified repeated violation of the Conditions of the E-environment by the holder of the User Account or the use of the E-environment in a manner that is contrary to the applicable legislation.

5.5 Merchant has the right to limit access to the E-environment for computers from which Merchant has identified acts directed against the information system of the E-environment.

5.6 Merchant has the right to make changes in the E-environment at any time without giving prior notice to the User.

5.7 Merchant has the right to unilaterally change the Conditions without the obligation to notify the User thereof by email. Merchant shall give the corresponding information to the User on the E-environment website shop.field-target.ee.

5.8 Merchant shall not be liable for any damage that may ensue to the User, incl. late delivery of the ordered Products, due to inability to use the E-environment because of any technical problems. Upon a delay in delivery of the Products for more than 30 days, Merchant shall notify the User thereof through the communication channel of which the User has informed Merchant.

5.9 Merchant has the right to request a down payment of up to 30 % of the order amount before commencing execution of the Order.

5.10 Merchant reserves the right to cancel the Order without penalty, and not deliver the subscribed products in the following cases:

the goods are out of stock and cannot be ordered;

the price or properties of goods have been incorrectly displayed in the E-environement due to system or human error;

the Subscriber does not meet the Conditions.

The Subscriber shall be notified and any advance payment refunded if Merchant is unable to execute the Order, shall be returned to the Contractor in connection and the amount paid if the buyer has come to make an advance payment for the goods.

5.11 Merchant has no right to deliver anything else instead of the subscribed product or not to deliver the product.

6. ORDERING IN THE E-ENVIRONMENT

6.1 Upon submission of the Order in the E-environment, the User shall fill in the compulsory information fields required for submission of the Order.

6.2 To submit the orders, it is required to give the contact information of the Subscriber, which for a natural person are: given name, surname, address, phone number and e-mail address; for a legal person additionally the name of the organisation.

6.3 If the Recipient of the Order and the Subscriber are different persons, the Subscriber shall submit the data specified in clause 6.2 with regard to both of them.

6.4 The Order of the User shall be deemed submitted by a confirmation thereof by the User in the E-environment by which the User agrees to the Conditions.

6.5 Merchant shall confirm the reception of each Order from the User in the E-environment. The receipt of the Order constitutes the information on acceptance of the Order, but does not imply prompt execution of the Order.

6.6 Provided that down payment for executing the Order is not required, the Merchant shall commence execution of the Order immediately, otherwise after the required amount of down payment has been fully credited to the bank account of Merchant, as of that moment the contract for purchase of the Product is deemed to be concluded between the User and Merchant.

6.7 The order amount may be paid by the Subscriber by bank transfer or in cash.

6.8 The order amount of the Order comprises the cost of the ordered products and delivery costs.

7. PRODUCT RETURNS

7.1 The Recipient who is a natural person has the right to return the Products and receive a refund for the cost of the Products within 14 days as of the receipt of the Products. Products that have been personalized or custom made for the Subscriber cannot be returned. Merchant will only accept return of unused and undamaged Products that are returned in the original packaging. If the Product was sold through special offer together with other products, then the whole set of products needs to be returned.

7.2 The Recipient who is a legal person has the right to return the products within 7 days as of the receipt of the products and receive a refund for the order amount if Merchant incorrectly executed the Order, inter alia, the delivered products do not comply with the ordered products in terms of quantity, quality, or assortment.

7.3 In case of a defective Product the Subscriber has the right to file a complaint to the Merchant within two years from the date of delivery of the Product. The complaint must be filed immediately but no later than two months after the discovery of the defect. The Subscriber must preserve the purchase document (invoice, contract, etc) which proves that the Product was purchased from the E-environment. Without the document verifying the sale the Merchant may leave the matter unsolved.

7.4 In case of a defective Product the Subscriber has the right to:

Demand the repair or replacement of the Product.

Demand a price reduction or Order cancellation, provided that:

the Merchant is not able to repair nor replace the Product;

the Product repair fails;

the Merchant has not eliminated the defect within a reasonable period of time;

the product repair or replacement has caused unreasonable discomfort to the Subscriber.

The Merchant shall not be liable for any defect caused by installation, misuse, maintenance or infringement of a Product.

7.5 To return the products, the Subscriber shall submit an electronicapplication to Merchant via the E-environment or send an application to the following e-mail address teh@field-target.ee. To submit an application via the E-environement the User must log in to his or her account and go to MY ACCOUNT -> ORDER HISTORY. From the Order History page the User must view the Order which contains the products to be returned. On the Order Information page the User must select the products to be returned and choose the action „Return Products“. Next, the User must follow the instructions on the screen. In the e-mail application the Subscriber needs to specify the contact information of the Subscriber specified in clause 6.2, the Order number and the products to be returned. If possible, we ask that the Recipient to specify the reason for the return. The products to be returned shall be sent by the Subscriber at the following address Megastar AS, Kiisa 8B, 11313 Tallinn.

7.6 Merchant has the right to take back the products and not to refund the cost thereof if the returned product is damaged. If the returnable product has deteriorated the Subscriber must compensate for the full amount of the decrease in value of the product. The Merchant may present a claim within one month after the return of the product. The Subscriber is obliged to reimburse the value of the product if the product has been remanufactured by the Subscriber, damaged, burdened with third-party rights, etc.

8. PROTECTION OF INTELLECTUAL OWNERSHIP

8.1 The contents of the E-environment, including its text, graphics, logos, icons of buttons, pictures, copyrights to audio, and software shall belong to Merchant or the person who has created them, and they shall be protected by the legislation regulating the protection of intellectual ownership.

8.2 The E-environment shall be in the ownership of Merchant and shall be protected by the Copyright Act of the Republic of Estonia.

8.3 It is not permitted to copy, multiply, resell, or otherwise use for any commercial purposes the order and enquiry forms as well as the data of the E-environment. The E-environment may be used for the intended legitimate activities.

8.4 Any copying, modification, distribution, forwarding, publication, or exhibition of the E-environment is not justified, is in conflict with the Copyright Act and other legislation on the protection of the intellectual ownership rights and shall bring about liability in accordance with the aforementioned legislation.

8.5 Upon violation of the Conditions by the User, Merchant may refuse to provide the User with the Service specified in the Conditions.

9. FINAL PROVISIONS

9.1 Any disputes concerning these Conditions shall be resolved by way of negotiations. To protect his or her interests, the User may turn to a competent supervisory authority, the Estonian Consumer Protection Board, or a court pursuant to the procedure provided by the legislation of the Republic of Estonia.