1. Validity of terms of sale
The terms of sale apply to the rights and obligations arising upon purchasing goods between clients of the online store www.poivre-blanc.ee (hereinafter referred to as the client) and the owner of www.poivre-blanc.ee Migliore Concept OÜ.
1.2. The terms of sale cannot conflict with legislation in force in the Republic of Estonia and are appended with said norms when necessary (in the case of disputes or lacking information).
1.3. In addition to these terms of sale, the relationship between the client and Migliore Concept OÜ is regulated by the price list of Migliore Concept OÜ and established generally accepted procedures.
1.4. Migliore Concept OÜ retains the right to unilaterally amend these terms and the price list for the purpose of improving or reorganising the efficiency of its operations, competitiveness, further development, selection of services and goods. Changes in and additions to the terms and price list enter into force from the moment of the said information appearing on the website www.poivre-blanc.ee. If the client placed the order before changes in the terms entered into force, then the terms valid at the time of placing the order will be valid for the client unless provided otherwise by the law or these terms.
1.5. Migliore Concept OÜ and the client desire to trade via the website of Migliore Concept OÜ www.poivre-blanc.ee in the terms and conditions provided in this document. By placing an order at the online store of Migliore Concept OÜ and making the prepayment, the client confirms to have reviewed the terms of sale and consents to them.
2. Price list
2.1. The prices of products sold in the online store of Migliore Concept OÜ are provided in euros.
2.2. The prices include VAT as the owner of the online store, Migliore Concept OÜ, is registered in the Estonian Tax and Customs Board as a company required to pay VAT.
2.3. The cost of transport is calculated automatically if one order is intended for a single delivery address. If the client desires to transport goods to various addresses, then different orders must be placed.
2.4. Migliore Concept OÜ retains the right to adjust prices. If the client placed the order before changes in price entered into force, the price which was provided on the invoice at the time of placing the order will apply for this order.
3. Formalising the order and paying for goods
3.1. Upon paying for the order, the client can select their desired form of payment: bank transfer, SEB or Swedbank bank link. The client pays 100% of the order for the order to be confirmed.
3.2. The sales contract is deemed concluded and the order goes into processing immediately after the client has paid 100% of the amount payable according to the order confirmation or prepayment invoice, unless agreed otherwise.
4. Delivery of products
4.1. The term of delivery specified in the order confirmation applies if 100% of the amount of order is paid on the day of placing the order. The term of delivery is postponed by the number of days between placing the order and receipt of the cost.
4.2. Migliore Concept OÜ undertakes to notify the client of changes in the term of delivery at first opportunity upon receiving the corresponding information. The maximum term of delivery within the Baltic states is 14 days. In general, products are delivered in 5 days.
4.3. After the order of the client has arrived in the warehouse of Migliore Concept OÜ and sorted, the goods are handed over to couriers and delivered to the address specified upon placing the order at a time previously agreed upon.
4.4. The client must notify Migliore Concept OÜ of any changes in the destination or previously agreed time immediately before the delivery.
4.5. The precision and correctness of information provided in the order is crucial for avoiding delays and misunderstandings during delivery. Migliore Concept OÜ and the courier will not be liable for delays and misunderstandings with delivery if the delay or misunderstanding was caused by the client providing incorrect information when placing the order.
4.6. Goods will be handed over to the client by courier on the basis of an accompanying document. Migliore Concept OÜ recommends inspecting the product packaging before accepting the goods and signing the accompanying document. In case of visible damages, Migliore Concept OÜ recommends not accepting the goods.
4.7. A product with damaged packaging must be returned to the courier and a notice sent to the email address info@poivre-blanc.ee.
4.8. If the contract includes transport of the item, then the duty to hand the item over to the client is deemed to be fulfilled as at the moment when the carrier organised by the trader has handed the item over to the consumer or the consumer is in delay of the receipt.
4.9. Products with a value over 300 euros are not delivered to the Russian Federation.
5. Cancelling the order and returning the product
5.1. According to section 56 subsection (1) of the Law of Obligations Act (VÕS), the customer has the right to withdraw from the contract within 14 days as at receiving the item. The client must notify the seller of their desire to withdraw from the contract within this time period. The item is to be returned without delay according to section 56 (3) of VÕS, but no later than within 30 days as at sending the statement of withdrawal to the seller.
5.2. The goods to be returned must be unused and in original packaging. The statement of withdrawal must be included.
5.3. The statement of withdrawal must include the order number issued by Migliore Concept OÜ to the client, as well as the bank account number of the client where the client desires for the cost of goods to be returned by Migliore Concept OÜ.
5.4. The prepayment for a cancelled order is returned to the bank account of the client within the time period specified in the law after sending the statement to the email address info@poivre-blanc.ee (within 30 days as at sending the statement) on the condition that the goods are returned to the warehouse of Migliore Concept OÜ within that time.
5.5. The client covers the cost of returning the goods within the amount specified by the law, except for clause 5.6.
5.6. Migliore Concept OÜ covers the costs of returning if the goods are damaged or the goods do not comply with the product specified in the order of the client (i.e., wrong product). According to section 220 (1) of the VÕS, the consumer must notify the seller of any lack of conformity of a thing within a reasonable period of time after they become aware of the lack of conformity.
5.7. If the returned goods are damaged and the situation was caused by the client improperly using the product or by circumstances caused by the client’s fault or negligence, then Migliore Concept OÜ retains the right to net off the decrease in the product’s value with the sum paid by client for the goods and to be returned, and to not pay transport costs related to returning the goods. If the client disagrees with the decrease in value provided in the net off, then they have the right to involve an independent expert’s assessment to determine the decrease in the returned product’s value or the guilty party in the situation.
In order to return a product, please send a notice to the address info@poivre-blanc.ee before shipping and provide the following information: name of the person who placed the order, order number, product to be returned and replacement product if desired, bank account if the information of the payer differs from the information of the person receiving the returning payment.
5.8. If the client loses interest in purchasing the product due to a longer term of delivery of the product, then the client has the right to cancel their order by sending a corresponding statement to the address info@poivre-blanc.ee.
5.9. Migliore Concept OÜ retains the right to cancel the order of the client if the warehouse of the supplier is out of the ordered goods and the client does not consent to the replacement product offered by Migliore Concept OÜ.
6. Time and procedure of submitting complaints
6.1. Pursuant to the Law of Obligations, the client has the right to submit complaints regarding the product’s non-conformity to terms and conditions which appear within 2 years from receiving the goods, in the case of a defect appearing within the first six months it is presumed that the defect was present at the time of purchase and the seller must determine the nature of the defect.
6.2. In the case of a defect of the product, the client undertakes to inform Migliore Concept OÜ of the problem at info@poivre-blanc.ee and provide the following information: name and contact information, the non-conformity (description of the defect, photos if possible), order number. The application must be sent no later than within 2 months of discovering the defect. Upon failure to conform to this deadline without good reason, the client loses the right to demand that Migliore Concept OÜ repair the product for free.
6.3. After the complaint is submitted, Migliore Concept OÜ undertakes to respond to the client's complaint in writing within 14 days.
6.4. If the defect is technical by nature, then the client may demand that the product be repaired or replaced.
6.5. In case of replacing a defective product, Migliore Concept OÜ has the right to demand that the client return the defective product. Migliore Concept OÜ covers the costs related to repairing or replacing the product. If the client justifiably demands for the item to be repaired and Migliore Concept OÜ fails to do so during a reasonable period of time, then the client may repair the item themselves or have it done and demand that Migliore Concept OÜ covers the reasonable costs incurred for this purpose.
6.6. The client can only request for money back if the product cannot be repaired or replaced or the repairs are unsuccessful or if Migliore Concept OÜ refuses to repair or replace the product without justification or does not do so within reasonable time after the complaint is submitted, or if unjustified inconvenience is caused to the client with the repairs or replacement of the product.
6.7. Migliore Concept OÜ is not liable for:
• damages to the product caused by the client's fault or negligence;
• defects caused as a result of improper use of the product;
• natural physical wear and tear of product during regular use.
7. Liability and force majeure
7.1. Migliore Concept OÜ shall be liable to the client for damages caused by the violation of these terms and conditions by Migliore Concept OÜ in the cases and to the extent provided in law currently in force in the Republic of Estonia.
7.2. The client shall be liable to Migliore Concept OÜ for damages caused by the violation of these terms and conditions by the client in the cases and to the extent provided in law currently in force in the Republic of Estonia.
7.3. Neither party is liable for the other party and their behaviour is not deemed a violation of these terms and conditions due to delay or failure to perform any obligation if the parties could not control the reason for this delay or non-performance (force majeure).
7.4. Migliore Concept OÜ will not compensate for moral damages possibly caused to the client by changing the delivery times, prices and other conditions within these terms and conditions.
7.5. Migliore Concept OÜ shall not compensate costs to the client caused by the fact that the client assumed responsibilities to third persons (not dependent on Migliore Concept OÜ) under terms and conditions that conflict with these terms.
7.6. Migliore Concept OÜ shall not compensate for unused opportunities that became apparent as a result of changing delivery times, prices and other conditions to the client.
8. Other conditions
8.1. Migliore Concept OÜ shall use information provided by the client only to perform the order the client placed. Migliore Concept OÜ shall not disclose information obtained during placement of orders to third persons, except in cases provided by the law. The connection between the bank and buyer is protected with SSL security protocol, ensuring that third parties cannot access or change the exchanged information. Information moving between the bank and merchant is digitally signed.
8.2. In questions not covered by these terms, the client and Migliore Concept OÜ shall adhere to legislation in force in the Republic of Estonia and other acts regulating the relationship between parties.
8.3. Disputes and conflicts arising from the performance of these terms shall be resolved primarily by negotiations. If disputes arising from the contract cannot be resolved with negotiations, the client has the right to file with the Consumer Protection Authority or a court to protect their rights. Migliore Concept OÜ has the right to file with a court to protect their rights.
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