Conditions
1 Object and General Provisions of Terms of Use
1.2 Photopoint services include the possibility for the Buyer to enter into a purchase and sale contract with the Seller on the Photopoint website in respect of the item(s) sold at Photopoint (hereinafter Product/Products). In addition to that, the Buyer can also use the Photopoint webpage to enjoy other services offered by Photopoint. A more detailed and complete list and description of Photopoint services can be found on the Photopoint website at www.photopoint.ee
1.3 Prior to entry into the purchase and sale transaction in respect of the Products and when using other Photopoint services, the Buyer confirms that he or she has read the Terms of Use, agrees to follow and comply with them and considers them to be binding conditions of the transaction entered into with the Seller. The Buyer who does not agree with the Terms of Use is forbidden to enter into the purchase and sale transaction with the Seller in respect of the Product.
1.4 In addition to the Terms of Use, legal relations between the Seller and the Buyer arising from the use of Photopoint shall be also regulated by the legislation of the Republic of Estonia, by which the Seller and the Buyer shall be also guided in issues not specifically regulated by the Terms of Use.
2 Parties to Purchase and Sale Transaction
2.2 The Buyer may be a physical person of at least 18 years of age or any legal person who confirm prior to entry into the purchase and sale transaction and use of other Photopoint services that they have read the Terms of Use, agree with them and undertake to comply with them.
2.3 If the Buyer is a natural person under 18, the Buyer confirms by entering into the purchase and sale transaction that his or her legal representative has approved of the transaction to be entered between him or her and the Seller in accordance with the law, or that he or she will execute the transaction using the means given to him or her for that purpose or for free use by his or her legal representative or a third person with the consent of the legal representative.
3 Prices of Products, Availability and Product Information
3.2 In addition to the purchase and sale price of the Product, the Buyer undertakes to pay the transportation fee for delivery the Product being purchased by him or her to the delivery destination (hereinafter Transportation Fee). If the destination of the Product is in the Republic of Estonia and the product price is more than 99 €, the Product shall be delivered free of charge. If the destination of the Product is in Estonia and the product price is less than 99 €, Transportation Fee shall be 5.99 € with a courier, to a parcel machine with Venipak 2.99 €, with Omniva 2.99 €, with Smartpost 2.99 € and with DPD 2.99 €, and it shall not depend on the amount, weight or size of the Product being purchased. If the total cost of the order is less than 7.99 €, the Buyer undertakes to pay additionally administration fee 2 €. If the Product is transported outside the Republic of Estonia, the Transportation Fee shall depend on the country of destination, as well as on the weight and size of the Product.
3.3 The Seller has the right to change the prices of the Products at any time without prior notification. If the Seller changes the prices of the Products after the Buyer has placed an order in respect of the Product, the Seller undertakes to sell the Product to the Buyer for the price, which was valid at the moment of entry into the purchase and sale transaction by the Buyer, i.e. at the moment when the Buyer paid for the Product under clauses 4.9., 4.10. or 4.11. hereof and the purchase and sale transaction was deemed to have been entered into under clause 4.12. hereof. If the price changed by the Seller is more favourable than the price which was valid at the moment of entry into the purchase and sale transaction by the Buyer, the Buyer has no right to require the Seller to reimburse him or her for the price difference or to sell the Goods for more favourable price set after the purchase and sale transaction was entered into.
3.4 If due to a mistake (technical error, employee’s mistake or another circumstance) the price of the Product offered by Photopoint is unreasonably low compared to the usual market price of this Product and the Seller has not specifically indicated next to the Product that it is a discount set by him in respect of the Product or provided any other reason for the discount, the Seller has the right to withdraw on the terms given in clause 6.10. hereof from the purchase and sale transaction entered into with the Buyer with the wrong price caused by such technical error, provided that the Seller has not yet sent the Product to the Buyer’s delivery destination in order to execute the purchase and sale transaction.
3.5 When using Photopoint, the Buyer has to take into account that due to technical peculiarity of inventory accounting of Photopoint Products the actual state of the Products inventory is reflected with some time lag and may differ from the actual state. The Buyer should also take into account that the desired Product will be reserved for the Buyer from the Seller’s inventory only after payment for the Product has been made in accordance with the Terms of Use and after invoice for the Product has been issued by the Seller. That is why the Seller shall not be liable if at the time of placement of the order by the Buyer the desired Product is labelled as “Product Available”, but at the time of entry into the purchase and sale transaction the desired Product turns out to be out of stock at the Seller’s warehouse (“Out of Stock”). In the latter case the purchase and sale transaction automatically becomes void and the Seller shall not be liable for any damage which may be caused to the Buyer due to unavailability of the Product. The Seller shall also not be liable in the situation when immediately after the Buyer has paid for the Product the Seller runs out of the Product desired by the Buyer. In that case the Seller has the right to withdraw from the purchase and sale transaction on the terms laid out in clause 6.10. hereof and in that situation the Buyer is entitled neither to require the Seller to perform the purchase and sale transaction nor to provide reimbursement for possible damage.
3.6 When using Photopoint, the Buyer is obliged to have regard to the fact that the Product pictures shown on the Product information page are illustrative and may somewhat differ from the actual appearance of the Product. In order to get the full overview of the Product in which the Buyer is interested, the Buyer is entitled to contact the Seller via the Photopoint website (“Request info”), by emailing an information request to info@photopoint.ee, by calling a free number 800 3686 or by visiting a Photopoint showroom (exact locations can be found on the Photopoint website under Shops).
3.7 When using Photopoint, the Buyer agrees that the Product description on the Product information page may be displayed in another language (i.e. not in English). In order to get the full overview of the Product in which the Buyer is interested, the Buyer is entitled to contact the Seller via the Photopoint website (“Request info”), by emailing an information request to info@photopoint.ee, by calling a free number 800 3686 or by visiting a Photopoint showroom (exact locations can be found on the Photopoint website under Shops).
4 Placement of an Order and Entry into a Purchase and Sale Transaction
4.2 Having selected the desired Product(s) and having added them to the Basket, the Buyer should click the View Basket link to proceed with the purchase and sale transaction. In the Basket, the Buyer can increase or reduce the amount of Products being purchased, as well as remove items from the Basket. To confirm the changes made in the Basket, the Buyer should press Renew Basket.
4.3 The prices of the Products added to the Basket by the Buyer are subject to the transportation fee laid down in clause 3.2 hereof, which is automatically added to the price payable by the Buyer for the Products.
4.4 If the Buyer has made a final decision to purchase the selected Products and wishes to complete the purchase and sale transaction, he or she should click the link “I agree to pay for the order”.
4.5 When putting in an order the Buyer should select the method of payment for the Products being purchased and then click Place the Order. The Buyer can choose among the following methods of payment:
4.5.1 through online banking system (the Bank Link button) by selecting the credit institution whose online banking system the Buyer wishes to use to pay for the Product;
4.6 Having selected the method of payment the Buyer has to finalise his or her order by specifying his or her personal details in the online form (first name, surname, delivery destination: city/town, address, postal code; contact number, e-mail address; in the case of a legal person: its name, registry code, delivery destination, first name and surname of its representative).
4.7 The Buyer gives Photopoint the right to process and store his or her personal details provided to Photopoint. The Seller shall use the personal details provided by the Buyer only for the purposes of fulfilling the order, solving the problems that have arisen during fulfilment of the order, carrying out the company’s market research in order to improve the quality of the service offered, designing new services and pricing strategies, as well as sharing the news of the service provider. The Seller warrants that any personal details provided by the Buyer while using Photopoint or entering into the purchase and sale transaction shall be handled as confidential information.
4.8 When filling in the order form, the Buyer should, in order to enter into a purchase and sale transaction, tick the box saying “I have read the www.photopoint.ee terms of use and agree to comply with them” whereby the Buyer confirms that he or she has read the Terms and Conditions and agrees to enter into the purchase and sale transaction on the terms laid down therein. If necessary, the Buyer can print out the Terms and Conditions or save them in digital format to his or her data carrier.
4.9 Having specified his or her personal details in the form the Buyer should click the Pay link, if he or she has selected the bank link option (clause 4.5.1. hereof), whereupon the Buyer will be directed to the online banking system selected. Having made the payment using his or her online banking system, the Buyer should press Back to Merchant button, whereupon the Seller will receive a confirmation from the bank that the Buyer has paid for the Product.
4.10 If the Buyer has selected the Invoice option (clause 4.5.2 hereof) he or she should, after specifying his or her personal details, click the Confirm Order link, whereupon the Seller will send a pdf invoice for the Product to the e-mail address indicated in the form by the Buyer. In order to enter into a purchase and sale transaction, the Buyer undertakes to pay the invoice sent by the Seller using the method of payment the Buyer prefers.
4.11 The purchase and sale transaction in respect of the Product is deemed to have been entered between the Buyer and the Seller after the Buyer has accepted the Conditions and has successfully placed the order. The obligation to deliver the Product applies to the Seller only after the Seller has received the confirmation described in clause 4.9 hereof about the full payment for the Product or when the invoiced mentioned in clause 4.10 hereof has been paid in full and the amount specified in the invoice has been fully credited to the Seller's bank account. The Seller will not deliver the Product to the Buyer before receiving full payment for the Product. When the order has been successfully placed and the purchase and sale transaction entered into, the Seller will send an electronic order confirmation to the e-mail address indicated by the Buyer.
4.12 If within 3 calendar days of placing the order the Buyer fails to pay for the Product specified therein, the Seller shall cancel the order and no purchase and sale transaction between the Buyer and the Seller shall be effected.
5 Fulfilment of the Order
5.2 The Product is possible to order to the countries in the following list. The delivery period for the Product in the European Union is usually 3-7 working days. When ordering outside of the European Union, the delivery period for the Product is usually 14-30 working days. Product availability, specifications or characteristics may prolong the delivery period, in which case the Seller shall notify the Buyer of the fact. Delivery fees are paid by the Buyer.
5.3 If the delivery destination indicated by the Buyer is located outside the Republic of Estonia, the Seller shall agree upon the delivery time with the Buyer in respect of each Product separately. Specific terms and conditions of delivery to a location outside the Republic of Estonia will depend on the terms and practices of an international transportation company.
5.4 If upon entry into the purchase and sale transaction it is discovered that the Product purchased by the Buyer is not in the Seller's warehouse and should be specifically ordered from the supplier and it is clear that it is not possible to deliver the Product within the time limit specified in the Terms of use, or in other cases when the Product cannot be delivered on time due to circumstances for which the Seller is not responsible, the Seller shall notify the Buyer thereof within 2 working days of becoming aware of the problem relating to the delivery of the Product either by calling the contact number or writing to the e-mail address specified by the latter when the order was placed and shall also notify about the new approximate date of delivery of the Product ordered by the Buyer.
5.5 If the delay in the delivery of the Product to the delivery destination or any other misunderstanding relating thereto is caused by inaccuracy or incorrectness of the personal details provided by the Buyer when placing the order, the Seller shall not be liable for such a delay and the Buyer does not have the right to withdraw from the purchase and sale transaction under clause 6.1. of the Contract.
5.6 The Product purchased by the Buyer shall be handed over by a representative of the transportation company to the Buyer along with the accompanying document. Prior to signing the accompanying document, the Buyer should inspect the Product and, if any external damage is discovered, make a corresponding note in the accompanying document in as much detail as possible. The Buyer should notify the Seller of the non-compliant Product by sending an e-mail at info@photopoint.ee or calling the Seller’s helpline at 800 3686; at the request of the Buyer the Seller shall replace the Product if its package has been damaged by the transportation company.
5.7 When accepting the Product and starting using it, the Buyer should make sure that he or she opens the packaging carefully without causing any damage to it in order to keep the packaging and manufacturer’s stickers and serial numbers intact so as to eliminate the risks relating to withdrawal from the contract, should the Buyer wish to do so, in accordance with clause 6.8 hereof.
6 Withdrawal from Purchase and Sale Contract
6.2 The Buyer who is a natural person has the right to withdraw from the purchase and sale contract within 14 calendar days of receipt of the Product. The Buyer proves the receipt of the Product by putting his or her signature and the date of receipt on the accompanying document. The Product shall be deemed to be retrieved from the automated parcel terminal when the Buyer opens the parcel terminal. To withdraw from the purchase and sale contract the Buyer has to send the Seller within the specified period of time a withdrawal application in a format enabling written reproduction, in which the Buyer should specify whether he wants by withdrawing from the contract to receive back from the Seller the amount paid for the Product or to exchange the Product for some other Product offered by the Seller. To exercise the right of withdrawal, the Buyer may use the standard withdrawal application contained in Annex 1 of the Terms of Use. The Buyer shall be deemed to have timely fulfilled the obligation to return the Product, if he or she has sent back the Product which is the object of the contract within the time period named in the first sentence of the present clause of the Terms of Use.
6.3 The Buyer does not have the right to withdraw from the purchase and sale contract under clause 6.2 hereof, if the Product being the object of the contract of purchase and sale is one of the following:
6.4 In the event of the Buyer’s withdrawal from the contract the Seller undertakes to return to the Buyer the Product purchase price and cost of delivery, which corresponds to cheapest delivery method provided by the Seller. If the Buyer has chosen a method of delivery different from the cheapest method of delivery offered by the Seller, the Seller is not obliged to return to the Buyer the amount exceeding the cost of the cheapest method of delivery. The Seller has the right to refuse to make any repayments until the Buyer has returned the Product being the object of the contract or has provided proof that the Product has been sent back.
6.5 The Seller shall transfer the amount for the returned Product to the bank account indicated by the Buyer no later than within 14 calendar days of receipt of the withdrawal application, provided that the Buyer has within the same time period returned the Product to the Seller or presented the Seller with the evidence that he or she has sent the Product back to the Seller, the Product conforms to the requirements set out in clause 6.6 hereof and there are no grounds for reducing or setting off the amount to be returned to the Buyer under clause 6.8. hereof.
6.8 If the Product (and/or the Product packaging) being returned by the Buyer has deteriorated or has been damaged or broken and such deterioration/damage has been caused by the circumstances arising from the Buyer, the Seller has the right to offset the reduction in the value of the Product against the amount that has been paid by the Buyer for the Product and should be returned to the Buyer. The Buyer shall be liable for reducing the Product value, if the reduction in value has been caused by using the Product in a way different from the one necessary to explore the essence, characteristics and functioning of the Product. In order to use the Product in a manner allowed, the Buyer has to handle and use the item only in a way permissible when purchasing a product in a retail store.
6.9 In order perform offsetting, the Seller shall send the Buyer the offsetting application to the e-mail address indicated by the Buyer when placing the order. If the Buyer does not agree with the reduction in value indicated in the offsetting application, the Buyer has the right to engage an independent expert in order to determine the reduction in the value of the Product. Expenses related to the expert assessment shall be divided equally between the Buyer and the Seller, except when the position of one party is clearly shown to be without merit by the expert assessment. In that case the expenses relating to the expert assessment shall be borne by the party whose position has clearly turned out to be without merit.
6.10 The Seller has the right to withdraw from the purchase and sale contract in the case set out in clause 3.4. hereof, i.e. in a situation when due to a technical error the price of the Product offered by Photopoint has become/has been made unreasonably low compared to the market price of the respective Product and the Seller has not separately indicated next to the Product that it is a discount established by the Seller and the Seller has not yet sent the Product to the Buyer’s delivery destination in order to execute the purchase and sale transaction. The Seller has the right to withdraw from the purchase and sale contract also in the case stipulated in clause 3.5. hereof, i.e. in a situation when immediately after the Buyer has paid for the Product the Seller has run out of the Product desired by the Buyer. The Seller has the right to withdraw from the above-named transactions within 3 working days of learning about the transaction by submitting to the Buyer a corresponding application in a format enabling written reproduction (preferably to the e-mail address indicated by the Buyer). In the event of withdrawal from the transaction, the Seller undertakes no later than within 10 calendar days to return to the Buyer the purchase and sale price paid by the latter for the Product together with the Transportation Fee.
6.11 In addition to the right to withdraw from the contract set out in clauses 6.1., 6.2. and 6.10. hereof, both the Buyer and the Seller are entitled to have recourse to other legal remedies arising from law in the case of breach of the Terms of Use or non-conformity of the Product.
7 Seller's Liability for Non-Conformity of Products and Commercial Warranty of Producer
7.2 The Seller shall answer to the Buyer’s complaints within 15 days in writing or in a format which can be reproduced in writing.
7.4 The Seller shall not be liable for the defects detected in the Product, which have been caused through the Buyer’s fault or due to improper use of the Product.
7.5 In addition to the Seller’s liability set out in clause 7.1. hereof, the Product may be also covered with a commercial warranty provided by the producer of the Product; detailed content, duration, area of validity, etc. of such a warranty, as well as its other conditions are laid lawn in the commercial warranty terms provided by a specific producer of the Product. To obtain information about the availability and detailed terms of the commercial warranty of the producer of the Product, the Buyer has the right to contact the Seller via the Photopoint website (“Request for Information/Feedback”), by emailing an information request to info@photopoint.ee, by calling a free number 800 3686 or by visiting a Photopoint showroom (exact locations can be found on the Photopoint website).
8 Amendment of Terms of Use, Liability, Dispute Resolution, Copyright
8.2 The Buyer has the right to save these Terms of Use in order to ensure, if necessary, their reproduction on a durable data carrier at the time of entry into the purchase and sale transaction.
8.3 The Seller has the right to unilaterally amend in full or in part the Terms of Use without prior notification. Changes shall enter into force as of their publication on the Photopoint webpage at www.photopoint.ee. If the Buyer had placed the order before amendments to the Terms of Use entered into force, the Terms of Use in force at the time of placement of the order by the Buyer shall apply to the legal relations between the Buyer and the Seller, unless otherwise is provided for by law or the Terms of Use.
8.4 The Parties to the Terms of Use shall be liable towards each other for any damage caused by breaching the Terms of Use in the cases and to the extent provided for in the legal acts of the Republic of Estonia currently in force. The Seller shall not be liable for damage caused to the Buyer or for the delayed delivery of the Product, if such damage or delay is due to the circumstance, which the Seller could not have influenced and the occurrence of which the Seller had not and could not have foreseen (Force Majeure).
8.6 If the Buyer is a legal person or a sole proprietor, the provisions relating to special consumer rights shall not apply to the purchase and sale contract (the so-called consumer protection provisions).
1.1 These terms of use of Photopoint e-shop (hereinafter Terms of Use) regulate legal relations between the administrator of Photopoint e-shop at www.photopoint.ee (hereinafter Photopoint) who is Nordic Digital AS (registry code 10240231, address Tööstuse tee 6, village of Tõrvandi, rural municipality of Ülenurme, 61715 Tartu County, tel. 800 3686, e-mail info@photopoint.ee, hereinafter Seller), and Photopoint user (hereinafter Buyer), arising from the use of Photopoint and transactions entered in the course of such use, as well as the general terms of using Photopoint.
1.2 Photopoint services include the possibility for the Buyer to enter into a purchase and sale contract with the Seller on the Photopoint website in respect of the item(s) sold at Photopoint (hereinafter Product/Products). In addition to that, the Buyer can also use the Photopoint webpage to enjoy other services offered by Photopoint. A more detailed and complete list and description of Photopoint services can be found on the Photopoint website at www.photopoint.ee
1.3 Prior to entry into the purchase and sale transaction in respect of the Products and when using other Photopoint services, the Buyer confirms that he or she has read the Terms of Use, agrees to follow and comply with them and considers them to be binding conditions of the transaction entered into with the Seller. The Buyer who does not agree with the Terms of Use is forbidden to enter into the purchase and sale transaction with the Seller in respect of the Product.
1.4 In addition to the Terms of Use, legal relations between the Seller and the Buyer arising from the use of Photopoint shall be also regulated by the legislation of the Republic of Estonia, by which the Seller and the Buyer shall be also guided in issues not specifically regulated by the Terms of Use.
2 Parties to Purchase and Sale Transaction
2.1 The Seller, who is the administrator of Photopoint, is a commercial entity called Nordic Digital AS (registry code: 10240231, registered office: Tööstuse tee 6, village of Tõrvandi, rural municipality of Ülenurme, 61715 Tartu County, tel. 800 3686, e-mail info@photopoint.ee)
2.2 The Buyer may be a physical person of at least 18 years of age or any legal person who confirm prior to entry into the purchase and sale transaction and use of other Photopoint services that they have read the Terms of Use, agree with them and undertake to comply with them.
2.3 If the Buyer is a natural person under 18, the Buyer confirms by entering into the purchase and sale transaction that his or her legal representative has approved of the transaction to be entered between him or her and the Seller in accordance with the law, or that he or she will execute the transaction using the means given to him or her for that purpose or for free use by his or her legal representative or a third person with the consent of the legal representative.
3 Prices of Products, Availability and Product Information
3.1 Prices of all Products sold by Photopoint are in euros and include VAT valid in the Republic of Estonia at the moment of entry into the purchase and sale transaction, as well as other taxes established by the state and the municipality.
3.2 In addition to the purchase and sale price of the Product, the Buyer undertakes to pay the transportation fee for delivery the Product being purchased by him or her to the delivery destination (hereinafter Transportation Fee). If the destination of the Product is in the Republic of Estonia and the product price is more than 99 €, the Product shall be delivered free of charge. If the destination of the Product is in Estonia and the product price is less than 99 €, Transportation Fee shall be 5.99 € with a courier, to a parcel machine with Venipak 2.99 €, with Omniva 2.99 €, with Smartpost 2.99 € and with DPD 2.99 €, and it shall not depend on the amount, weight or size of the Product being purchased. If the total cost of the order is less than 7.99 €, the Buyer undertakes to pay additionally administration fee 2 €. If the Product is transported outside the Republic of Estonia, the Transportation Fee shall depend on the country of destination, as well as on the weight and size of the Product.
3.3 The Seller has the right to change the prices of the Products at any time without prior notification. If the Seller changes the prices of the Products after the Buyer has placed an order in respect of the Product, the Seller undertakes to sell the Product to the Buyer for the price, which was valid at the moment of entry into the purchase and sale transaction by the Buyer, i.e. at the moment when the Buyer paid for the Product under clauses 4.9., 4.10. or 4.11. hereof and the purchase and sale transaction was deemed to have been entered into under clause 4.12. hereof. If the price changed by the Seller is more favourable than the price which was valid at the moment of entry into the purchase and sale transaction by the Buyer, the Buyer has no right to require the Seller to reimburse him or her for the price difference or to sell the Goods for more favourable price set after the purchase and sale transaction was entered into.
3.4 If due to a mistake (technical error, employee’s mistake or another circumstance) the price of the Product offered by Photopoint is unreasonably low compared to the usual market price of this Product and the Seller has not specifically indicated next to the Product that it is a discount set by him in respect of the Product or provided any other reason for the discount, the Seller has the right to withdraw on the terms given in clause 6.10. hereof from the purchase and sale transaction entered into with the Buyer with the wrong price caused by such technical error, provided that the Seller has not yet sent the Product to the Buyer’s delivery destination in order to execute the purchase and sale transaction.
3.5 When using Photopoint, the Buyer has to take into account that due to technical peculiarity of inventory accounting of Photopoint Products the actual state of the Products inventory is reflected with some time lag and may differ from the actual state. The Buyer should also take into account that the desired Product will be reserved for the Buyer from the Seller’s inventory only after payment for the Product has been made in accordance with the Terms of Use and after invoice for the Product has been issued by the Seller. That is why the Seller shall not be liable if at the time of placement of the order by the Buyer the desired Product is labelled as “Product Available”, but at the time of entry into the purchase and sale transaction the desired Product turns out to be out of stock at the Seller’s warehouse (“Out of Stock”). In the latter case the purchase and sale transaction automatically becomes void and the Seller shall not be liable for any damage which may be caused to the Buyer due to unavailability of the Product. The Seller shall also not be liable in the situation when immediately after the Buyer has paid for the Product the Seller runs out of the Product desired by the Buyer. In that case the Seller has the right to withdraw from the purchase and sale transaction on the terms laid out in clause 6.10. hereof and in that situation the Buyer is entitled neither to require the Seller to perform the purchase and sale transaction nor to provide reimbursement for possible damage.
3.6 When using Photopoint, the Buyer is obliged to have regard to the fact that the Product pictures shown on the Product information page are illustrative and may somewhat differ from the actual appearance of the Product. In order to get the full overview of the Product in which the Buyer is interested, the Buyer is entitled to contact the Seller via the Photopoint website (“Request info”), by emailing an information request to info@photopoint.ee, by calling a free number 800 3686 or by visiting a Photopoint showroom (exact locations can be found on the Photopoint website under Shops).
3.7 When using Photopoint, the Buyer agrees that the Product description on the Product information page may be displayed in another language (i.e. not in English). In order to get the full overview of the Product in which the Buyer is interested, the Buyer is entitled to contact the Seller via the Photopoint website (“Request info”), by emailing an information request to info@photopoint.ee, by calling a free number 800 3686 or by visiting a Photopoint showroom (exact locations can be found on the Photopoint website under Shops).
4 Placement of an Order and Entry into a Purchase and Sale Transaction
4.1 To effect a purchase and sale transaction in respect of the Product chosen at Photopoint by the Buyer, the Buyer should first add the desired Product to the online basket (hereinafter Basket) by clicking the Add to Basket link on the page containing the Product information. If the Buyer wishes to purchase other Products as part of the same purchase and sale transaction, the Buyer should perform the action described above for each Product he or she wishes to purchase.
4.2 Having selected the desired Product(s) and having added them to the Basket, the Buyer should click the View Basket link to proceed with the purchase and sale transaction. In the Basket, the Buyer can increase or reduce the amount of Products being purchased, as well as remove items from the Basket. To confirm the changes made in the Basket, the Buyer should press Renew Basket.
4.3 The prices of the Products added to the Basket by the Buyer are subject to the transportation fee laid down in clause 3.2 hereof, which is automatically added to the price payable by the Buyer for the Products.
4.4 If the Buyer has made a final decision to purchase the selected Products and wishes to complete the purchase and sale transaction, he or she should click the link “I agree to pay for the order”.
4.5 When putting in an order the Buyer should select the method of payment for the Products being purchased and then click Place the Order. The Buyer can choose among the following methods of payment:
4.5.1 through online banking system (the Bank Link button) by selecting the credit institution whose online banking system the Buyer wishes to use to pay for the Product;
4.5.2 by invoice (the Invoice button);
4.5.3 by credit card (the Credit Card button);
4.5.4 using the instalment credit facility offered by Svea Finantseerimine OÜ (the Photopoint Credit Sale button).
4.6 Having selected the method of payment the Buyer has to finalise his or her order by specifying his or her personal details in the online form (first name, surname, delivery destination: city/town, address, postal code; contact number, e-mail address; in the case of a legal person: its name, registry code, delivery destination, first name and surname of its representative).
4.7 The Buyer gives Photopoint the right to process and store his or her personal details provided to Photopoint. The Seller shall use the personal details provided by the Buyer only for the purposes of fulfilling the order, solving the problems that have arisen during fulfilment of the order, carrying out the company’s market research in order to improve the quality of the service offered, designing new services and pricing strategies, as well as sharing the news of the service provider. The Seller warrants that any personal details provided by the Buyer while using Photopoint or entering into the purchase and sale transaction shall be handled as confidential information.
4.8 When filling in the order form, the Buyer should, in order to enter into a purchase and sale transaction, tick the box saying “I have read the www.photopoint.ee terms of use and agree to comply with them” whereby the Buyer confirms that he or she has read the Terms and Conditions and agrees to enter into the purchase and sale transaction on the terms laid down therein. If necessary, the Buyer can print out the Terms and Conditions or save them in digital format to his or her data carrier.
4.9 Having specified his or her personal details in the form the Buyer should click the Pay link, if he or she has selected the bank link option (clause 4.5.1. hereof), whereupon the Buyer will be directed to the online banking system selected. Having made the payment using his or her online banking system, the Buyer should press Back to Merchant button, whereupon the Seller will receive a confirmation from the bank that the Buyer has paid for the Product.
4.10 If the Buyer has selected the Invoice option (clause 4.5.2 hereof) he or she should, after specifying his or her personal details, click the Confirm Order link, whereupon the Seller will send a pdf invoice for the Product to the e-mail address indicated in the form by the Buyer. In order to enter into a purchase and sale transaction, the Buyer undertakes to pay the invoice sent by the Seller using the method of payment the Buyer prefers.
4.11 The purchase and sale transaction in respect of the Product is deemed to have been entered between the Buyer and the Seller after the Buyer has accepted the Conditions and has successfully placed the order. The obligation to deliver the Product applies to the Seller only after the Seller has received the confirmation described in clause 4.9 hereof about the full payment for the Product or when the invoiced mentioned in clause 4.10 hereof has been paid in full and the amount specified in the invoice has been fully credited to the Seller's bank account. The Seller will not deliver the Product to the Buyer before receiving full payment for the Product. When the order has been successfully placed and the purchase and sale transaction entered into, the Seller will send an electronic order confirmation to the e-mail address indicated by the Buyer.
4.12 If within 3 calendar days of placing the order the Buyer fails to pay for the Product specified therein, the Seller shall cancel the order and no purchase and sale transaction between the Buyer and the Seller shall be effected.
5 Fulfilment of the Order
5.1 The Seller undertakes immediately after receiving the information about the purchase and sale transaction in accordance with clause 4.11 hereof to begin executing the purchase and sale transaction by issuing the Product being the object of the purchase and sale transaction to the transportation company to be delivered to the delivery destination indicated by the Buyer.
5.2 The Product is possible to order to the countries in the following list. The delivery period for the Product in the European Union is usually 3-7 working days. When ordering outside of the European Union, the delivery period for the Product is usually 14-30 working days. Product availability, specifications or characteristics may prolong the delivery period, in which case the Seller shall notify the Buyer of the fact. Delivery fees are paid by the Buyer.
5.3 If the delivery destination indicated by the Buyer is located outside the Republic of Estonia, the Seller shall agree upon the delivery time with the Buyer in respect of each Product separately. Specific terms and conditions of delivery to a location outside the Republic of Estonia will depend on the terms and practices of an international transportation company.
5.4 If upon entry into the purchase and sale transaction it is discovered that the Product purchased by the Buyer is not in the Seller's warehouse and should be specifically ordered from the supplier and it is clear that it is not possible to deliver the Product within the time limit specified in the Terms of use, or in other cases when the Product cannot be delivered on time due to circumstances for which the Seller is not responsible, the Seller shall notify the Buyer thereof within 2 working days of becoming aware of the problem relating to the delivery of the Product either by calling the contact number or writing to the e-mail address specified by the latter when the order was placed and shall also notify about the new approximate date of delivery of the Product ordered by the Buyer.
5.5 If the delay in the delivery of the Product to the delivery destination or any other misunderstanding relating thereto is caused by inaccuracy or incorrectness of the personal details provided by the Buyer when placing the order, the Seller shall not be liable for such a delay and the Buyer does not have the right to withdraw from the purchase and sale transaction under clause 6.1. of the Contract.
5.6 The Product purchased by the Buyer shall be handed over by a representative of the transportation company to the Buyer along with the accompanying document. Prior to signing the accompanying document, the Buyer should inspect the Product and, if any external damage is discovered, make a corresponding note in the accompanying document in as much detail as possible. The Buyer should notify the Seller of the non-compliant Product by sending an e-mail at info@photopoint.ee or calling the Seller’s helpline at 800 3686; at the request of the Buyer the Seller shall replace the Product if its package has been damaged by the transportation company.
5.7 When accepting the Product and starting using it, the Buyer should make sure that he or she opens the packaging carefully without causing any damage to it in order to keep the packaging and manufacturer’s stickers and serial numbers intact so as to eliminate the risks relating to withdrawal from the contract, should the Buyer wish to do so, in accordance with clause 6.8 hereof.
6 Withdrawal from Purchase and Sale Contract
6.1 The Buyer has the right to withdraw from the purchase and sale contract in the case specified in clause 5.4. hereof, i.e. in a situation when the purchase and sale transaction has been entered into between the Buyer and the Seller under clause 4.11. hereof, but delivery of the Product to the delivery destination specified by the Buyer is exceeding the time limit specified in the Terms of Use for reasons arising from the Seller. The Buyer has the right to withdraw from such a contract within 3 working days of learning from the Seller about the delay of the Product and the reasons for that, by submitting to the Seller a corresponding withdrawal application in a format enabling written reproduction.
6.2 The Buyer who is a natural person has the right to withdraw from the purchase and sale contract within 14 calendar days of receipt of the Product. The Buyer proves the receipt of the Product by putting his or her signature and the date of receipt on the accompanying document. The Product shall be deemed to be retrieved from the automated parcel terminal when the Buyer opens the parcel terminal. To withdraw from the purchase and sale contract the Buyer has to send the Seller within the specified period of time a withdrawal application in a format enabling written reproduction, in which the Buyer should specify whether he wants by withdrawing from the contract to receive back from the Seller the amount paid for the Product or to exchange the Product for some other Product offered by the Seller. To exercise the right of withdrawal, the Buyer may use the standard withdrawal application contained in Annex 1 of the Terms of Use. The Buyer shall be deemed to have timely fulfilled the obligation to return the Product, if he or she has sent back the Product which is the object of the contract within the time period named in the first sentence of the present clause of the Terms of Use.
6.3 The Buyer does not have the right to withdraw from the purchase and sale contract under clause 6.2 hereof, if the Product being the object of the contract of purchase and sale is one of the following:
6.3.1 an item, the price of which depends on the fluctuations of the financial market, which the Seller cannot influence and which can become apparent within the withdrawal period;
6.3.2 an item, which has been produced taking into account the Buyer’s personal needs;
6.3.3 an item, which has been produced according to the conditions specified by the Buyer;
6.3.4 an item, which deteriorates or gets out of date quickly;
6.3.5 handover of audio and video recordings or computer software in sealed packaging, if the consumer has opened the packaging;
6.3.5 handover of audio and video recordings or computer software in sealed packaging, if the consumer has opened the packaging;
6.3.6 an item, which is not suitable for return for reasons of health protection or hygiene;
6.3.7 urgent repair or maintenance work, if the consumer has arranged a call-out;
6.3.8 an item, which due to its nature is mixed or joined upon handover with other items in such a way that these cannot be separated anymore;
6.3.9 a newspaper, a magazine or another periodical.
6.4 In the event of the Buyer’s withdrawal from the contract the Seller undertakes to return to the Buyer the Product purchase price and cost of delivery, which corresponds to cheapest delivery method provided by the Seller. If the Buyer has chosen a method of delivery different from the cheapest method of delivery offered by the Seller, the Seller is not obliged to return to the Buyer the amount exceeding the cost of the cheapest method of delivery. The Seller has the right to refuse to make any repayments until the Buyer has returned the Product being the object of the contract or has provided proof that the Product has been sent back.
6.5 The Seller shall transfer the amount for the returned Product to the bank account indicated by the Buyer no later than within 14 calendar days of receipt of the withdrawal application, provided that the Buyer has within the same time period returned the Product to the Seller or presented the Seller with the evidence that he or she has sent the Product back to the Seller, the Product conforms to the requirements set out in clause 6.6 hereof and there are no grounds for reducing or setting off the amount to be returned to the Buyer under clause 6.8. hereof.
6.6 The Product to be returned by the Buyer must be complete (with all the items contained in the Product packaging, including package and additional items). Product must be returned with undamaged original package. If the Product has been purchased in a campaign where some other product has been added to the Product, the Buyer has to return the whole set, i.e. both the Product and other products.
6.7 The Buyer shall bear direct expenses related to returning the Product to him or her. The Buyer shall bear the transportation fee relating to the return of the Product, except when the Product does not conform to the description given by Photopoint. In the event of the Buyer’s withdrawal from the contract, the Buyer shall bear the expenses relating to the return or collection of the Product in a situation when due to its nature the Product cannot be returned by ordinary postal service.
6.8 If the Product (and/or the Product packaging) being returned by the Buyer has deteriorated or has been damaged or broken and such deterioration/damage has been caused by the circumstances arising from the Buyer, the Seller has the right to offset the reduction in the value of the Product against the amount that has been paid by the Buyer for the Product and should be returned to the Buyer. The Buyer shall be liable for reducing the Product value, if the reduction in value has been caused by using the Product in a way different from the one necessary to explore the essence, characteristics and functioning of the Product. In order to use the Product in a manner allowed, the Buyer has to handle and use the item only in a way permissible when purchasing a product in a retail store.
6.9 In order perform offsetting, the Seller shall send the Buyer the offsetting application to the e-mail address indicated by the Buyer when placing the order. If the Buyer does not agree with the reduction in value indicated in the offsetting application, the Buyer has the right to engage an independent expert in order to determine the reduction in the value of the Product. Expenses related to the expert assessment shall be divided equally between the Buyer and the Seller, except when the position of one party is clearly shown to be without merit by the expert assessment. In that case the expenses relating to the expert assessment shall be borne by the party whose position has clearly turned out to be without merit.
6.10 The Seller has the right to withdraw from the purchase and sale contract in the case set out in clause 3.4. hereof, i.e. in a situation when due to a technical error the price of the Product offered by Photopoint has become/has been made unreasonably low compared to the market price of the respective Product and the Seller has not separately indicated next to the Product that it is a discount established by the Seller and the Seller has not yet sent the Product to the Buyer’s delivery destination in order to execute the purchase and sale transaction. The Seller has the right to withdraw from the purchase and sale contract also in the case stipulated in clause 3.5. hereof, i.e. in a situation when immediately after the Buyer has paid for the Product the Seller has run out of the Product desired by the Buyer. The Seller has the right to withdraw from the above-named transactions within 3 working days of learning about the transaction by submitting to the Buyer a corresponding application in a format enabling written reproduction (preferably to the e-mail address indicated by the Buyer). In the event of withdrawal from the transaction, the Seller undertakes no later than within 10 calendar days to return to the Buyer the purchase and sale price paid by the latter for the Product together with the Transportation Fee.
6.11 In addition to the right to withdraw from the contract set out in clauses 6.1., 6.2. and 6.10. hereof, both the Buyer and the Seller are entitled to have recourse to other legal remedies arising from law in the case of breach of the Terms of Use or non-conformity of the Product.
7 Seller's Liability for Non-Conformity of Products and Commercial Warranty of Producer
7.1 The Seller shall be liable for defects and non-conformity of the Product to the terms and conditions of the contract, which become apparent within 2 years from delivery of the Product to the Buyer. Within the first year from delivery to the Buyer, it is presumed that the defect was already present during delivery.
7.2 The Seller shall answer to the Buyer’s complaints within 15 days in writing or in a format which can be reproduced in writing.
7.3 If the Product has defects which the Seller is liable for, the Seller shall repair or replace the defective Product. At the same time, the Buyer is obliged to return the defective Product to the Seller. If it is impossible to repair or replace the Product, the Seller shall return all fees related to the sales agreement to the Buyer after the Buyer has returned the defective Product to the Seller.
7.4 The Seller shall not be liable for the defects detected in the Product, which have been caused through the Buyer’s fault or due to improper use of the Product.
7.5 In addition to the Seller’s liability set out in clause 7.1. hereof, the Product may be also covered with a commercial warranty provided by the producer of the Product; detailed content, duration, area of validity, etc. of such a warranty, as well as its other conditions are laid lawn in the commercial warranty terms provided by a specific producer of the Product. To obtain information about the availability and detailed terms of the commercial warranty of the producer of the Product, the Buyer has the right to contact the Seller via the Photopoint website (“Request for Information/Feedback”), by emailing an information request to info@photopoint.ee, by calling a free number 800 3686 or by visiting a Photopoint showroom (exact locations can be found on the Photopoint website).
8 Amendment of Terms of Use, Liability, Dispute Resolution, Copyright
8.1 All copyright in the works presented by Photopoint belong to the Seller or the Seller has previously acquired a respective right. The copyright also applies to these Terms of Use.
8.2 The Buyer has the right to save these Terms of Use in order to ensure, if necessary, their reproduction on a durable data carrier at the time of entry into the purchase and sale transaction.
8.3 The Seller has the right to unilaterally amend in full or in part the Terms of Use without prior notification. Changes shall enter into force as of their publication on the Photopoint webpage at www.photopoint.ee. If the Buyer had placed the order before amendments to the Terms of Use entered into force, the Terms of Use in force at the time of placement of the order by the Buyer shall apply to the legal relations between the Buyer and the Seller, unless otherwise is provided for by law or the Terms of Use.
8.4 The Parties to the Terms of Use shall be liable towards each other for any damage caused by breaching the Terms of Use in the cases and to the extent provided for in the legal acts of the Republic of Estonia currently in force. The Seller shall not be liable for damage caused to the Buyer or for the delayed delivery of the Product, if such damage or delay is due to the circumstance, which the Seller could not have influenced and the occurrence of which the Seller had not and could not have foreseen (Force Majeure).
8.5 The Parties shall try to resolve by negotiation any disputes arising between the Buyer and the Seller when using Photopoint or entering into and performing the purchase and sale transaction. In the event of failure to achieve an agreement, the Buyer has the right to turn for protection of his or her rights to the Consumer Complaints Committee operating under the Consumer Protection Board or to court or to Online Dispute Resolution body (https://webgate.ec.europa.eu/odr). When going to court, the Buyer and the Seller have agreed that the dispute shall be resolved by the court at the location of the Seller.
8.6 If the Buyer is a legal person or a sole proprietor, the provisions relating to special consumer rights shall not apply to the purchase and sale contract (the so-called consumer protection provisions).