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Terms & Conditions

The order terms and conditions shall be valid in the purchasing environment bhairavashop.com (hereinafter referred to as the e-shop) between the purchaser (hereinafter referred to as the Client) and the service provider of bhairavashop.com Bhairava OÜ (hereinafter referred to as the Service Provider).
Hereinafter, the Client and the Service Provider shall be referred to separately as the Party or jointly as the Parties.

 

1. Registration of an order

1.1 The Client shall place the order electronically by adding the product into a virtual shopping cart and by confirming the order.
1.2 The Service Provider shall confirm the receipt of the order by sending an invoice to the e-mail address provided by the Client.
1.3 The sales contract between the Parties is considered as concluded (the sales contract comes into force) and the order shall be fulfilled after the amount to be paid according to the invoice, which is also confirmation of the order, is received on the bank account of the Service Provider.

 

2. Price and payment terms

2.1 Prices of the offered goods are pointed out in e-shop together with the product description.
2.2 Prices of the goods include VAT of 20%.
2.3 Prices of the goods shall be valid until the fulfilment of the sales contract.
2.4 Transport cost shall be added to the product price in compliance with the means of delivery selected by the Service Provider. The means of delivery and their cost are pointed out in the e-shop.
2.5 The invoice shall be paid according to the way the Client has selected:
2.5.1 via credit card payment system;
2.5.2 via Moneybookers eWallet system;
2.5.3 via online bank link system (SEB, Swedbank or other). This option is available for Estonian bank account holders only.

 

3. Delivery of the goods

3.1 After the sales contract comes into force, the goods shall be delivered at the address requested by the Client by means of a post service.
3.2 The Client shall undertake to make sure that the data submitted upon registration of the order are correct in order to avoid delays in the delivery of the goods. The Service Provider shall not be liable for the delay in delivery of the goods due to the inaccurate or incorrect data submitted by the Client.
3.3 Handling time of the order is 48 hours.
3.4 The goods shall be delivered in Estonia and outside Estonia in accordance with the list of the states provided in Appendix 1.
3.5 Inside Estonia, the goods shall be delivered within three working days as from the end of the handling time. The time for delivering the goods outside Estonia depends on the postal service provider.

 

4. Withdrawal from the contract by the consumer

4.1 The Client, as a consumer, is entitled to withdraw from the sales contract within 14 days as from receiving the goods. Consumer is a natural person, who makes the transaction which is not related to carrying out his/ her independent economic or professional activities. In order to withdraw from the sales contract, a corresponding application shall be sent on the e-mail address of the Service Provider by referring to the Service Provider's invoice and the Client's bank account number together with the reason for withdrawal.
4.2 In case of withdrawal from the sales contract, the Client shall undertake to immediately return the goods but not later than within 30 days as from sending the withdrawal application.
4.3 In case of returning the goods, the Client shall undertake to avoid disproportionately large costs and use the postal service which is common for transporting the goods and with a reasonable price. The Parties consider the service cost used for delivering the goods by the Service Provider to be reasonable price of the postal service. The costs related to returning the goods shall be covered by the Client in the amount of up to 10 EUR.
4.4 In case of withdrawal from the sales contract, the Service Provider shall return the Client the amount of money paid for the goods (without the delivery fee). Money shall be returned on the bank account provided by the Client within 30 days at the latest as from receiving the withdrawal application by the Service Provider provided that the Client has returned the goods within the same term.
4.5 The returned goods need to be compact, i.e. they need to include all the items which belong to the package of the product.
4.6 If the returned goods or package are damaged, incl. as a result of the non-purposeful usage of the product, and the condition of the product gets worse not due to the circumstances arising from the Service Provider, the Client shall undertake to compensate the Service Provider for the item`s decrease in the value. The Service Provider shall be entitled to clear the decrease in the value of the product from the amount returned to the Client. In case the Client does not agree with the cleared amount, s/he shall be entitled to apply that the decrease in the value is determined by an expert. The costs of the expert analysis shall be covered by the Party whose point of view turns out to be unjustified.

 

5. Nonconformity of the goods with the requirements

5.1 The Service Provider shall be liable for the nonconformity of the goods with the requirements as well as for the faults which appear within 2 years as from the transfer of the goods to the Client in case the nonconformity was present already at the moment the goods were transferred to the Client.
5.2 The Service Provider shall not be liable for:
5.2.1 if the condition of the product gets worse or the product is damaged due to the Client;
5.2.2 the faults which appear as a result of a non-purposeful usage;
5.2.3 the natural wear and tear of the product as a result of its conventional usage.
5.3 The Client shall undertake to inform the Service Provider of the nonconformity of the product with the requirements within a reasonable period of time after s/he discovers the fault or was supposed to discover it. The Client, as a consumer, shall undertake to inform of the fault within 2 months as from discovering it.
5.4 The Client shall be entitled to demand the replacement of the product which is not in compliance with the requirements. If it is not possible to replace the product, the Client shall be entitled to withdraw from the sales contract.
5.5 If the Client withdraws from the sales contract due to the fact that it is not possible to replace the goods, the Service Provider shall return the Client the amount of money paid for the service on the bank account provided by the Client within 30 days at the latest as from receiving the withdrawal application provided that the Client has returned the non-conforming product within the same term.

 

6. Liability and force majeure

6.1 The Party shall be liable for the damage to the other Party due to violation of the obligations arising from the sales contract in accordance with the cases and scope stipulated in the valid legislation of the Republic of Estonia.
6.2 The Party shall not be liable for the damage due to violation of any obligation in case the Party violated the obligation due to a circumstance which could not be affected by him/ her or which s/he did not foresee or could not foresee (force majeure).

 

7. Miscellaneous

7.1 The Service Provider shall use the personal data of the Client only for fulfilling the order. Such information shall be treated as confidential.
7.2 In case of the issues not regulated by the present terms and conditions, the Parties shall follow the legislation valid in the Republic of Estonia and other legislation regulating the relations between the Parties.
7.3 The parties shall settle differences in the opinion and disputes primarily by negotiations. In case of failure to settle the disputes arising from the sales contract by negotiations, the Parties shall be entitled to turn to the Consumer Protection Board (client as a consumer) or to court.

 

Appendix 1 to the Order Terms and Conditions of Bhairava OÜ
The products shall be delivered to the following states:

 

Europe
Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom.

 

Other places in the world
Australia, Canada, New-Zealand, United States of America.