Conditions of use
CONDITIONS OF USE KRISTELKUSLAPUU.COMThis wording of the conditions of use is valid from 21.01.2019.
1. DEFINITIONS USED IN THE CONDITIONS OF USE
NuDa means NuDa OÜ, registry code 14235244, address Suur-Patarei Str. 25-35, Tallinn 10135, e-mail address firstname.lastname@example.org.
Homepage means the internet environment and e-shop in the domain of www.kristelkuslapuu.com and all of its subpages. User means the person who uses the services of NuDa, who is or has been on the Homepage and/or buys Goods from NuDa via Homepage. Goods mean the goods that are sold via the Homepage by NuDa.
Merchant means a person whose Goods NuDa sells via the Homepage.
Conditions of Use mean these terms and conditions which all Users undertake to comply with when using the Homepage and for conclusion of transactions and operations via Homepage.
Contract of Sale means a contract to be concluded via Homepage between NuDa and the User for sale of the Goods.
Confirmation to the Contract of Sale means a confirmation sent to the User by NuDa by e-mail concerning conclusion of Contract of Sale and its conditions.
Conditions of the Contract of Sale mean the specific conditions of the sale of Goods (including the price, the characteristics, the payment and transport conditions of the Goods, etc.), indicated in the Contract of Sale and determined by NuDa.
Consumer means a natural person who concludes the transaction which is not related to independent economical or professional activity and whose place of residence is in Estonia or in other member state of European Union.
In this Conditions of Use, the words and definitions in the singular will include the plural and vice versa.
2. VALIDITY, APPLICATION AND AMENDMENT OF THE CONDITIONS OF USE
1.The Conditions of Use apply to the User as from the moment when the User electronically grants consent to accept the Conditions of Use (upon use of the Homepage, upon registration with the Homepage or conclusion/ formalization of the purchase order) or starts using the Homepage in other way. The Conditions of Use shall be presented to the User for accept which enable the User to save these to his/her computer and reproduce these later on, the valid Conditions of Use shall also be published on the Homepage.
2.The Conditions of Use apply to the legal relations arising between NuDa and the User related to using of the Homepage. Above all using of the Homepage means using functions of the trading environment offered on the Homepage for purchasing Goods from NuDa or review the Goods via Homepage, including using of all other functions provided by NuDa on the Homepage (i.e. adding comments, product reviews, etc.).
3.The Conditions of Use apply to all users of the Homepage.
4.The User is not obligated to register with the Homepage but NuDa has the right to offer special conditions for registered Users, i.e. favourable conditions for purchasing Goods via Homepage (including discount campaigns for registered Users), the possibility to collect bonus from his/her purchases or similar.
5.In addition to the Conditions of Use, the relations between NuDa and the User are regulated by Shipping Conditions, Payment Conditions and other conditions/ documents which shall not be signed separately and are available for the User on the Homepage www.kristelkuslapuu.com or have been sent to the User by email and which are considered as the integral part of the Conditions of Use; and relevant legislation valid in the Republic of Estonia. Upon accept the Conditions of Use the User confirms that the User has had reasonable possibility to study all the above mentioned conditions/documents and the User agrees with the conditions as provided therein.
6.The exact shipping and payment conditions applicable to the Contract of Sale shall be determined by NuDa before conclusion of the Contract of Sale which means that the User might not be able to choose for each Contract of Sale between all conditions for payment and/or shipping possibilities referred to in clause 2.5. Relevant information shall be disclosed to the User before conclusion of the Contract of Sale.
7.NuDa shall any time have the right to unilaterally amend and change the Homepage, the Conditions of Use, the Shipping Conditions, Payment Conditions and/or the other conditions/documents mentioned in clause 2.5 of the Conditions of Use, including terminate the services provided via the Homepage or close the Homepage. NuDa publishes on the Homepage the notice about changes of the conditions with the new wording of the conditions. The amended conditions shall be enforced as from publication on the Homepage unless the new conditions provide other. In case the User continues to use the Homepage after enforcement of the new conditions, the User shall be considered agreed with the new conditions.
8.NuDa recommends to the User to occasionally review the Conditions of Use for being updated with the valid Conditions of Use. All transactions concluded by the User via Homepage are subject to the Conditions of Use (including other conditions/documents referred to in clause 2.5) valid at the moment of the transaction, except if a condition/provision was caused by technical error on the Homepage.
9.In case any of the provisions of the Conditions of Use (or other conditions/documents referred to in clause 2.5) turns out to be void or invalid, it shall not have effect on validity of other provisions.
3. THE ROLE AND RESPONSIBILITY OF NuDa
1.NuDa enables the Users to use the Homepage for conclusion of Contract of Sale with NuDa and the Merchants to sell their Goods. NuDa shall be responsible for performance of the Contract of Sale. NuDa shall be responsible for correctness of the description, availability, delivery, quality, returns etc. of the Goods published on the Homepage. The Merchant shall never be or become in any case a party to the Contract of Sale concluded between NuDa and the User.
2.NuDa shall not ensure that the Homepage could be used with any and all browsers, computer software and appliances.
3.NuDa shall have the right to set limits to sale of some certain Goods (i.e. time limit or some Goods are available for purchase only to registered Users) or restriction for delivery of the Goods to some countries (clause 6.10 of the Conditions of Use).
4. CONFIRMATIONS OF THE USER
1.By starting use of the Homepage the User confirms that he/she:
4.1.1. is a person with passive and active legal capacity who is entitled to conclude transactions offered on the Homepage;
4.1.2. is aware of that he/she concludes the Contract of Sale with NuDa and NuDa shall be responsible for performance of the Contract of Sale;
4.1.3. is aware of that placing order via the Homepage and payment for the order brings about binding Contract of Sale;
4.1.4. is aware of that upon consent to the Conditions of Use, the will of the User and NuDa is not directed towards creating other legal relations than to these legal relations which have clearly been provided in the Conditions of Use;
4.1.5. is aware of and agrees that NuDa shall have the right to process the personal data of the User as provided in clause 11 of the Conditions of Use and stipulated in relevant legal acts of the Republic of Estonia; 4.1.6. understands completely and without difficulties all conditions provided in the Conditions of Use and fully recognizes that using the Homepage may bring about legally binding obligations to the User.
5. PRICES FOR THE GOODS
1.Prices for the Goods sold via the Homepage are provided on the Homepage in Euros (€) and include all taxes but not the shipping cost. Shipping cost shall be paid by the User in addition to the price for the Goods.
2.NuDa shall have the right to adjust the price of the Goods offered via the Homepage. If the User concluded the contract of Sale before the adjusted price was published on the Homepage, the price that was presented on the Homepage at the moment of conclusion of the Contract of Sale shall be valid for the User, except if false price for the goods was published on the Homepage due to mistake or error.
3.Shipping cost shall be displayed after the User has chosen the delivery method (shipping condition) in the “Shopping Cart” and it shall also be indicated on the Confirmation to the Contract of Sale. Shipping conditions and cost shall be determined by NuDa.
4.Shipping cost shall be calculated automatically assuming that one order will be sent to one address. In case the User wishes to have the Goods delivered to different addresses or use different delivery methods, separate orders should be made.
6. THE PROCESS OF CONCLUSION OF THE CONTRACT OF SALE AND PAYMENT OF THE PURCHASE PRICE
1.Publishing on the Homepage the Goods and their description is considered as an offer by NuDa for conclusion of Contract of Sale, except if the User should have understood that there is a mistake or error (for example clearly wrong price etc.). Description of the Goods include title of the Goods, product code (in case it has a product code), unit price and main characteristics. Photos published on the Homepage are illustrative. The Goods are unique products and for example colour or characteristics of material may vary from the images on the photos.
2.For purchasing the Goods the User selects Goods he/she wishes to buy and adds these to Shopping Cart. NuDa has the right to determine the minimum value (sum) of the Shopping Cart. In case such sum has been determined, the User shall have no possibility to conclude a Contract of Sale for smaller amount.
3.To conclude the Contract of Sale, the User after selecting the Goods (adding these to the Shopping Cart) shall enter all required information, choose from the offered choices the delivery method and place for the Goods and payment method and approve thereafter his/her intention to conclude the Contract of Sale by clicking on an icon “Confirm the order”. The Contract of Sale shall be considered concluded upon confirmation of the order by the User and as from this moment the User undertakes to pay for the order. Goods put to the Shopping Cart shall not be booked for the User until the Contract of Sale has been concluded.
4.The User shall have the possibility to amend the Contract of Sale after it has been concluded (i.e. to change information concerning the product in case of Goods of special order; to quit purchasing of some of the chosen Goods, change shipping or payment conditions) only upon an agreement with NuDa, informing NuDa immediately about the User’s wish to change the Contract of Sale by e-mail to the e-mail address: email@example.com. NuDa shall have the right to refuse to change the Contract of Sale. In case the conditions of the initial Contract of Sale have been changed upon agreement with NuDa, the new amended conditions of the Contract of Sale apply.
5.To enforce the Contract of Sale the User shall pay for the order via the provider of payment service appointed by NuDa (i.e. via bank link or with credit card) or by payment of the prepayment invoice issued by NuDa. In case the User chooses to pay via bank link or credit card, NuDa will send after the payment has been made to the e-mail address provided by the User an invoice for the Goods with a note about payment of the invoice. In case the User shall pay for the order with prepayment invoice, NuDa shall immediately after conclusion of the Contract of Sale send to the e-mail address provided by the User a prepayment invoice which payment term is three days. NuDa shall issue the invoice on paper only in case the User has mentioned on the order form that he/she would like to have the invoice on paper (the paper invoice will be sent to the address provided by the User).
6.After enforcement of the Contract of Sale automatic Confirmation to the Contract of Sale concerning conclusion shall be sent to the e-mail address provided by the User which includes the following information:
b) Date of purchase of the Goods;
c) Product name, price and paid amount for each Goods;
d) Delivery method for the Goods, date and delivery address;
f) Name, address and contact details of the seller.For registered User the Confirmation to the Contract of Sale shall be provided in the Homepage selection menu “Purchase history”.NuDa has the right to ask from the User before handing over the Goods for Confirmation to the Contract of Sale.
7.The Contract of Sale shall be enforced as from payment for the order and as from the moment of enforcement of the Contract of Sale NuDa is obliged to deliver the Goods to the User.
8.In case the User shall not pay for the order, the Contract of Sale shall not be enforced and it shall be considered that the Contract of Sale was not concluded.
9.The official time of conclusion of the Contract of Sale shall be calculated according to the server clock of NuDa which could not always correspond to the time on the clock of the User’s browser or computer or other appliance.
10.The User can conclude Contract of Sale via the Homepage for purchase and delivery of the Goods to the following countries: the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and the Republic of Finland. To find out the possibilities for purchase and delivery of the Goods to other countries the User should contact NuDa. Upon purchase and delivery of the goods to countries outside the European Union, obligations may rise and taxes (for example customs taxes, value added tax) which shall be paid in the country of destination may apply. Such obligations shall be performed and taxes shall be paid by the User and these shall not be included in purchase price of the Goods. NuDa recommends to the User to examine the possible import taxes of the country of destination before ordering the Goods.
7. DELIVERY OF THE GOODS
1.Methods for delivery of the Goods, terms and prices of delivery are provided on the Homepage in the section “Shipping conditions”. The User shall choose the place and method of delivery for the specific Goods on the order form and corresponding method and place of delivery, term and price of delivery of the Goods shall be indicated in the Confirmation to the Contract of Sale.
2.Delivery of the Goods shall take place according to the shipping conditions agreed upon in the Contract of Sale after the User has paid for the Goods according to the clause 6.5 of the Conditions of Use. The term for delivery provided in the Confirmation to the Contract of Sale shall be valid in case the User has paid for the Goods according to the Contract of Sale. The delivery term may be postponed by the period between conclusion of the Contract of Sale and receipt of the price.
3.NuDa shall have the right to prolong the delivery term up to seven days in case of objective causes which appear independent from NuDa and result delay in delivery of the Goods or more than seven business days if NuDa and the User have agreed upon extension of delivery deadline by e-mail.
4.NuDa immediately informs the User about changes in delivery date or other delivery related conditions.
5.If the User loses interest in purchase of the Goods due to delay in delivery (including postponement of the date of delivery mentioned in clause 7.3) he/she shall have the right to submit an application for withdrawal from the Contract of Sale. In case of withdrawal the amount paid by the User under the Contract of Sale shall be returned (including shipping costs) within 14 days as from the date of submission of the application for withdrawal.
6.NuDa shall be responsible for delivery of the Goods. NuDa shall not be responsible for delay in delivery and any misunderstanding in case the delay and/or misunderstanding is caused by submission of incorrect or inaccurate data by the User upon placing the order.
7.The obligation to deliver the Goods to the User shall be considered fulfilled upon transfer of the Goods to the User or his/her representative. Among other, adult persons in the place of residence or location of the User who accept the Goods, also persons to whom the User has disclosed the necessary data for receipt of the Goods from parcel terminal (for example location of XX and door code) shall be considered as the representatives of the User. Delivery of the Goods is considered delayed due to the reasons proceeding from the User if the Goods cannot be transferred because the User or his/her adult representative are not present in the location of delivery or the User or his/her representative do not collect the Goods in timely manner. In such case the User shall bear all costs related to delay in delivery.
8.In case the Goods shall be delivered to the User by courier, the Goods shall be transferred with accompanying bill of delivery. If the Goods are damaged (external damage), the User shall have the right not to accept the Goods and make relevant notice to the bill of delivery of the courier. By signing the bill of delivery the User confirms that at the moment of receipt the package was in good condition or that the User was satisfied with the condition of the package (the Goods have no external damage).
9.The risk of accidental destruction/loss or damage of the Goods shall be transferred to the User (including to the representative of the User) at the moment of transfer.
8. THE USER’S RIGHT OF WITHDRAWAL
1.The User who is a Consumer shall have the right to withdraw from the Contract of Sale within 14 days as from receipt of the Goods and return the Goods to NuDa. Only Consumers (Users who are natural persons) are subject to clause 8 of the Conditions of Use which means that legal persons who purchased the Goods on the Homepage are not enabled to return the Goods.
2.The Goods returned have to be unused and in original package. The User has to open the package carefully without damaging it.
3.The right of withdrawal shall not be applicable to Goods which have been produced considering personal needs of a specific User or according to conditions provided by a specific User. NuDa has no obligation to take back due to health protection or reasons of hygiene the following Goods if the packages have been opened after The Goods have been transferred to the User: underwear, stockings, swimwear, earrings, perfumes, cosmetics etc.
4.To withdraw from the Contract of Sale the User shall submit to NuDa within 14 days as from receipt of the goods a withdrawal application on the standard form which is available on www.kristelkuslapuu.com or other unequivocal withdrawal application to the e-mail address of NuDa firstname.lastname@example.org.
5.In case the User uses the right of withdrawal he/she immediately, but not later than 14 days from submission of the withdrawal application, sends the Goods back to NuDa using the same shipping method which was used by NuDa for the delivery to the User. If the Goods have been sent to the User by a Merchant, the Goods have to be sent back to the Merchant’s address. The shipping costs related to return of the Goods shall be borne by the User.
6.NuDa returns to the User the purchase price of the Goods and shipping costs paid by the User within 14 days as from submission of the withdrawal application provided that the User has within the same period returned the Goods or submitted a notice which proves that the User has sent the Goods back. NuDa shall have the right to refuse from repayment until it has received the Goods or the User has provided a notice that he/she has sent back the Goods, depending which occurs earlier. In case the order of the User included multiple items and a part of the order shall be returned, NuDa may return the delivery costs proportionally to the amount of Goods returned.
7.The shipping costs for return of the Goods (including mail and delivery costs) shall be borne by the User. NuDa shall have the right to set-off the shipping costs for return of the Goods with the amount paid by the User and to be repaid to the User.
8.In case the returned Goods are damaged, the User shall be responsible for decrease in the value of the Goods due to use of the Goods if the User has used the Goods in other way than it was necessary for establishing the essence, characteristics and functionality of the Goods. To establish the essence, characteristics and functionality of the Goods the User should handle and use the Goods only in the same way it would be normally allowed in an ordinary shop. In case of decrease in value caused by using of the Goods entitles NuDa to set-off the decrease in value with the amount paid for the Goods by the User and to be returned to the User. If the User shall not agree with decrease in value of the Goods indicated in the set-off, the User shall have the right to use independent expert for establishing the cause for decrease of the value of the Goods or identification of the guilty. The costs related with independent expertise shall be divided equally between the User and NuDa, except if the position of one party proves clearly to be unfounded, in which case the costs shall be paid by the party whose position turned out to be unfounded.
9. SUBMISSION OF COMPLAINTS
9.1.The User has the right to submit to NuDa complaints on non-compliance of the Goods to the provisions of the Contract within two years as from transfer of the Goods to the User.
9.2.In case the Goods is sold to a Consumer, it will be assumed that non-compliance of the Goods which appears within six months as from the date of transfer of the Goods to the User existed already at the moment of transfer of the Goods, unless such assumption is not contrary to the essence of the Goods or the deficiency and if so, NuDa is obligated to find out the nature of the non-compliance. NuDa shall have the right to delegate establishing of the non-compliance of the Goods to the conditions of the Contract of Sale to the Merchant.
9.3.The User is obligated to inform NuDa about the non-compliance of the Goods within two months after he/ shebecameaware email@example.comNuDaa complaint in a format which can be reproduced in writing (the form of complaint is accessible on www.kristelkuslapuu.com) or at least the following information:
a) Name of the User and contact information;
b) Date of submission of the complaint;
c) Number and date of the Contract of Sale;
d) Description of the omissions/defects of the Goods and claim of the User;
e) Photos of the omission if the defects are visible;
f) In case the Consumer wants to have the reply to be sent by mail, the address.
9.4.NuDa confirms receipt of the Consumer’s complaint on the next business day after receipt of the complaint.
NuDa informs the Consumer about satisfaction or non-satisfaction of the complaint within 15 days as from receipt of the complaint unless other term has been stipulated in valid legislation of the Republic of Estonia. Reply to the Consumer shall be sent to the e-mail address indicated by the Consumer unless otherwise agreed with the Consumer.
9.5.NuDa shall bear the expenses related with repairs or replacement of the Goods in case a complaint was submitted within the first six months from transfer of the Goods to the User, above all the shipping costs, work- and travel costs and costs for consumption of material. During the 18 months period following the above mentioned six months’ period NuDa bears the above mentioned costs only in case the complaint of the User was justified.
9.6.In case of replacement of defective Goods or a detail, NuDa has the right to claim from the User for return of the defective Goods or defective detail.
9.7.In case repair or replacement of the Goods is not possible or fails, NuDa unjustifiably refuses to repair or replace the Goods or does not do within reasonable period after it has been informed about the non-compliance to the conditions of the Contract of Sale, the User shall be entitled to withdraw from the Contract of Sale and return the Goods to NuDa. NuDa undertakes to return the purchase price paid under the Contract of Sale within 14 days after receipt of a founded application for withdrawal, assumed that the User has returned the Goods or submitted a notice which proves that the User has sent the Goods back.
9.8.In case the User fails to inform NuDa about non-compliance of the Goods in timely manner, the User loses the right to claim from NuDa repair or replacement of the Goods.
9.9.NuDa shall not be responsible for:
9.9.1. Damage to the Goods caused by the User;
9.9.2. Deficiencies which are caused by abnormal use;
9.9.3. Natural physical wear in course of intentional use of the Goods;
9.9.4. Deficiencies which are caused by use of the Goods under conditions or by methods which assume faster wear;
9.9.5. In other cases provided by law.
10. THE RIGHT OF NuDa TO WITHDRAW FROM THE CONTRACT OF SALE
1.NuDa shall have the right to withdraw from the Contract of Sale concluded with the User on the grounds mentioned herein below:
10.1.1. The ordered Goods are not in the stock of the Merchant and it cannot be distributed, produced or replaced with other Goods in reasonable time or the User refuses replacement of Goods offered by NuDa; 10.1.3. Fulfilment of the Contract of Sale is impeded by a circumstance which can be regarded as force majeure;; 10.1.4. Other circumstances stipulated in legislation.
2.If NuDa has withdrawn from the Contract of Sale, it shall return the purchase price paid under the Contract of Sale by the User within 14 days as from submission of the application (notice) on withdrawal.
11. PRIVACY AND DATA PROTECTION
1.By starting using the Homepage the User represents and warrants that he/she has studied the terms of privacy and data protection and accepts these in full and without derogations.
2.NuDa processes the following personal data of the User: name and surname, sex, measures, purchase preferences, phone number (including mobile phone number), date of birth, personal identification number, address (street, number of house, number of apartment, town or settlement, county, postal code), network identifier (for example IP address, cookies), e-mail address, delivery method for the Goods, payment method used upon payment for the Goods, information about the bank and credit card of the User (the bank, bank account number, number of credit card and issuer of the credit card).
3.NuDa processes the personal data of the User in accordance with the requirements established by the legislation and only for rendering services to the User via the Homepage (for example automatic redirection to the Goods that the User might be interested in), for conclusion and fulfilment of Contracts of Sale, for resolving of complaints arising from non-compliance with the provisions of the Contract of Sale and for ensuring the rights and obligations related to using of the Homepage to necessary extent. NuDa may forward the personal data of the User to the Merchant to the extent necessary for resolving complaints related to non-compliance of the Goods. NuDa is also entitled to use the personal data of the User and forward the personal data to the third persons to the extent necessary for protection of its rights. In case the User chooses parcel terminal or courier as the method of delivery, NuDa shall have the right to forward personal data which is relevant for shipping to the delivery service provider. The list including contact information of parcel terminal service providers and courier service providers used by NuDa is available in the Shipping conditions published in the Homepage.
4.The User is obligated to disclose to NuDa the personal data (except data concerning sex, measures and purchasepreferences,disclosureofwhichisoptional)mentionedinclause11.2oftheConditionsofUse as otherwise it is impossible for the User to use the Homepage and conclude Contracts of Sale for purchase of the goods via the Homepage.
5.NuDa shall not forward, sell, disclose the collected personal data to the third persons without prior consent of the User, except in case of an obligation for disclosure required by law or if such right has been provided in the Conditions of Use.
6.In case the User wishes to receive from NuDa offers for Goods, newsletters and other notices/ announcements, the User should tick the relevant box on the acceptance form for the Conditions of Use and by this grant to NuDa his/her consent for receipt of NuDa’s offers for Goods, newsletters and other notices/announcements by e-mail to the e-mail address given to NuDa. All offers for Goods, newsletters and other notices/announcements shall be forwarded under the name of NuDa. In case the User has applied in the above described manner for receipt of the offers for Goods, newsletters and other notices/announcements, the User shall have always the right waive receipt of these by using the relevant hyperlink provided in the offers, newsletters and other notices/announcements.
7.NuDa deletes all personal data of the User if the User has not visited the Homepage for three years.
8.The User shall have the right to examine his/her personal data and ask for correction or deletion of the data or limitation to processing the personal data or file an objection against processing certain personal data, unless the legislation of the Republic of Estonia stipulates other.
9.The User shall have the right to withdraw his/her consent granted to NuDa for processing his/her personal data. Withdrawal of the consent shall not affect legality of processing the personal data which took place before the withdrawal of the consent. Withdrawal of the consent shall not exclude further processing of personal data by NuDa in the purposes provided by law, for fulfilment of the Contract of Sale concluded with the User or for ensuring fulfilment of the Contract of Sale.
10.The User shall have the right to send all questions concerning personal data to NuDa by e-mail to the e- mail address firstname.lastname@example.org.
11.In case the User finds that processing of personal data by NuDa violates the legislation of the Republic of Estonia, he/she shall have the right to file a complaint to Estonian Data Protection Inspectorate).
12.Personal data is processed by NuDa OÜ, registration number 14494655, address Suur-Patarei 25-35, Tallinn, 10415, e-mail address email@example.com.
12. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.The User is entitled to:
12.1.1. post comments to the Homepage, reviews on Goods, etc. in case the User has registered with the Homepage and provided that contents of the post is not contrary to laws or good manners and does not infringe the rights of third persons, including copyrights. NuDa shall have the right to review the posts of the User before publishing and decide if the post shall be published on the Homepage or not;
12.1.2. ask questions from NuDa, also to present ideas and proposals for making the Homepage more user friendly by sending these to the e-mail address of NuDa’s client service firstname.lastname@example.org.
2. The User undertakes:
12.2.1. to submit upon registration as the user of the Homepage as well as upon ordering Goods from the Homepage correct and completely truthful information, including registration under his/her real full name and indicate valid e-mail address;
12.2.2. to maintain confidential from third persons the user name and password of the user account of the Homepage and the Contract of Sale;
12.2.3. to be fully liable for all actions on his/her user account or made from the IP address of his/her location or place of residence;
12.2.4. not to use the Homepage for activities which are illegal or against good manners (including illegal use of other person’s identity);
12.2.5. to immediately inform NuDa by e-mail about all changes in the information submitted at registration as a user of the Homepage;
12.2.6. not to allow minors and other persons who are in accordance with the laws prohibited or restricted to certain extent conclusion of transactions on the Homepage to conclude transactions under your identity.
3. NuDa shall have the right to:
12.3.1. monitor the activities on the Homepage, including monitoring the use of the Homepage by the User in accordance with the privacy and data protection conditions provided in clause 11 herein and the laws of the republic of Estonia;
12.3.2. send to the User offers, newsletters and other notices in accordance with clause 11.6 of the Conditions of Use;
12.3.3. interrupt conclusion of the Contract of Sale, also at its discretion, either to limit or declare void without providing reasons the User’s right to use the Homepage, including changing or deleting from the Homepage information posted by the User or close the user account of the user and not to allow him/her to register again in case the User:
a) violates the Conditions of Use, including violation of the obligations of the User proceeding from the Conditions of Use;
b) has submitted upon registration as the user of the Homepage or using the Homepage any information which is incorrect, misleading and/or inaccurate;
c) disseminates on the Homepage intentionally and consciously false information, offends in whatever way other persons, behaves indecently or damages in any other way the Homepage, NuDa or other persons;
d) while using the Homepage, behaves contrary to the Conditions of Use, good practice or the laws.
12.3.4. Without separate advance notice to take down the Homepage or suspend operation of the Homepage any time.
13. RESPONSIBILITY OF THE PARTIES AND FORCE MAJEURE
13.1.NuDa and the User shall be responsible to each other for direct material damage arising from violation of the Conditions of Use to the extent as stipulated in legislation of the Republic of Estonia, considering the exceptions provided in the Conditions of Use.
13.2.BreachofobligationsisexcusedincaseaPartybreachedtheobligationduetoforcemajeure. Kohustuse rikkumine on vabandatav, kui Pool rikkus kohustust vääramatu jõu tõttu. In defining the concept of force majeure the provisions of the Law of Obligations Act apply.
13.3.NuDa shall not be responsible for:
13.3.1. possible mistakes, caused by third persons, which influence technology or cause a situation when money transfer (including via bank link) or card payment might be unsuccessful. In case of problems with money transfer or card payment, the User is obligated to immediately inform about this NuDa’s client service by sending an e-mail to email@example.com;
13.3.2. any damage caused to the User by another person who uses the identity of the User, including the User’s password and account name for the Homepage and/or the Contract of Sale (including the number of the Contract of Sale) and/or the door code of a parcel terminal provided for the User for receipt of the Goods;
13.3.3. any damage caused to the User arising from changes in the terms of delivery, prices and other conditions pursuant to the provisions of the Conditions of Use;
13.3.4. delay in delivery of the Goods and any misunderstanding in case the delay and/or misunderstanding is caused by submission of incorrect or inaccurate data by the User upon placing the order;
13.3.5. non-patrimonial damage and any other indirect damage ( for example loss of profit);
13.3.6. any damage suffered by the User which is caused by the circumstance that NuDa has used its right to withdraw from the Contract of Sale.
14. INTELLECTUAL PROPERTY
14.1.The Homepage and its contents, including but not only the software, web graphics, design, texts, photos, trademarks, etc. used by NuDa is the intellectual property of NuDa or intellectual property used by NuDa under license and the User shall have no right to use this in any case without prior written consent of NuDa.
14.2.By posting to the Homepage the User grants to NuDa all economic copyrights/intellectual property rights to posts which could be treated as a work/creation. In case the User did not have copyright to make a post (for example the User posts a photo or text which is protected by intellectual property rights owned by another person), the User shall be responsible for satisfaction of all claims of third persons which shall be submitted to NuDa for violation of intellectual property rights.
15. NOTICES OF THE PARTIES
All and any correspondence concerning the Homepage between NuDa and the User takes place electronically via e-mail to the e-mail addresses disclosed to each other or NuDa publishes information on the Homepage. A notice is considered received by a party if it has been sent to the e-mail address of the other party and two business days have passed. Publication of information on the Homepage (for example changes in prices of the Goods, shipping conditions, terms of payment) is considered enforced as from the moment of publication unless other enforcement term has not been provided.
16. APPLICABLE LAW AND RESOLVING OF DISPUTES
16.1.To legal relations between NuDa and the User proceeding from use of the Homepage and which are not regulated in the Conditions of Use the laws of the Republic of Estonia shall be applied.
16.2.Disputes arising from using of the Homepage, including buying of the Goods via Homepage, the User and NuDa try to resolve by mutual negotiations.
16.3.In case NuDa refuses to resolve a complaint submitted by a User who also is a Consumer or the Consumer shall not accept the solution offered by NuDa, the Consumer has the right to submit a complaint to Consumer Disputes Committee of the Consumer Protection Board or claim for settlement of the dispute in a County Court of the Republic of Estonia. Consumer who is a resident of a member state of the European Union can submit a complaint concerning purchase of the Goods via the Homepage to the website based dispute settlement platform which is located at http://ec.europa.eu/odr.