Last updated: February 3, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://fofefa.com website (the “Service”) operated by Fofefa OÜ (“us”, “we”, or “our”, “online store”, “e-store”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Validity of contract of sale, product and price information
The conditions of sale apply to purchases of goods from the online store. The prices of the products sold in the online store are indicated next to the products. A fee for shipping is added to the price.
The shipping cost depends on the location of the purchaser and the shipping method. The shipping cost is displayed when the purchaser places the order. Product information is provided immediately adjacent to the product in the online store.
Placing an order
Add the desired products to your shopping basket to order them. Fill in all of the required fields and choose the most suitable shipping method to complete the order. The total cost is then displayed on the screen. This can be paid via Paypal or Maksekeskus payment method.
The contract enters into force when the amount payable is transferred to the bank account of the online store.
If we cannot deliver the ordered goods due to stock running out or for any other reason, the purchaser will be informed as soon as possible and the money paid (including the shipping cost) will be refunded promptly, but no later than within 14 days of receiving the notification.
Payment options
To make collecting payments simple and secure, We use PayPal and Maksekeskus AS solutions to enable convenient payments for purchased goods via MasterCard and Visa credit cards and PayPal. The accepted payment currency is Euro.
If payment is made using a Maksekeskus AS Visa or MasterCard payment method, the details of the transaction with Maksekeskus AS will be visible on the buyer’s bank statement. We are responsible for processing your personal data. Personal data, necessary for carrying-out payments, will be forwarded to Maksekeskus AS who has the authority to process data.
If payment is made using a PayPal payment method, the details of the transaction with PayPal will be visible on the buyer’s bank statement. We are responsible for processing your personal data. Personal data, necessary for carrying-out payments, will be forwarded to PayPal who has the authority to process data.
Shipment
Goods are shipped to the following countries: Worldwide
Shipping of goods is carried out according to the selection made by the buyer on the checkout page.
The purchaser bears the shipping cost and the respective price information is displayed next to the shipping method.
All shipments within Estonia generally arrive at the destination specified by the purchaser within 3-7 business days of the date of entry into force of the contract of sale. All shipments outside of Estonia are guaranteed to arrive within 14 calendar days.
We have the right to ship goods in up to 45 calendar days in exceptional cases.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Fofefa OÜ cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Fofefa OÜ customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Fofefa OÜ with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Fofefa OÜ to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Fofefa OÜ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Fofefa OÜ, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Fofefa OÜ will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Right of withdrawal
After receiving the order, the purchaser has the right to withdraw from the contract entered into with the e-store within 14 days.
Exceptions:
- Except when required by law, paid Subscription fees are non-refundable.
- E-books and Onlines services are excluded from the right of withdrawal ( The Law of Obligations Act 53 4-7 )
- The right of withdrawal does not apply if the purchaser is a legal person.
To exercise the 14-day right of withdrawal, you must not use the ordered goods in any way other than is necessary to ensure the nature, characteristics and functioning of the goods in the same way you would be allowed to test the goods in an actual store.
If the goods have been used for any purpose other than is necessary to ensure the nature, characteristics and functioning of the goods, or if there are any signs of use or wear and tear, the online store has the right to lower the amount returned in accordance with the decrease in the value of the goods.
To return the goods, you must submit a declaration of withdrawal to the e-mail address fofefa@fofefa.com 14 days of receiving the goods.
The purchaser shall bear the cost of returning the goods, except in cases where the reason for the return lies in the fact that a refundable product does not comply with the order (e.g. a wrong or defective product).
The purchaser must return the goods within 14 days of the submission of the declaration of withdrawal or submit evidence that they handed over the goods to the carrier within the aforementioned period.
Upon receiving the returned goods, the online store shall return to the purchaser, immediately but no later than after 14 days, all of the payments received from the purchaser based on the contract.
The online store has the right to refuse to make the refund until the goods being returned are received or until the buyer has provided proof of returning the products, whichever occurs first.
If the buyer has clearly chosen a different form of shipment than the cheapest usual form of shipment offered by the online store, the store is not required to compensate the cost exceeding the usual shipping cost.
The online store has the right to withdraw from the sale and demand that the goods be returned by the purchaser if the marked price of the goods in the online store is significantly lower than the market price of the goods due to an error.
Defective goods
The online store is responsible for the non-compliance of goods sold to a purchaser with the terms and conditions of the contract or for deficiencies which already existed at the time of delivery and which occur within two years of delivering the goods to the purchaser. Within the first six months of delivery it is assumed that the defect was present at the time of delivery. It is the online store´s responsibility to prove otherwise.
The purchaser has the right to turn to the online store within two months of the occurrence of a defect by e-mailing fofefa@fofefa.com or calling +372 509 3663.
The online store is not liable for any defects arising after delivering the goods to the purchaser.
If goods bought from the online store have defects for which the online store is responsible, the online store will repair or replace the defective goods. If the goods cannot be repaired or replaced, the online store shall return to the purchaser all of the payments involved in the contract of sale.
The online store will respond to the consumer´s complaint in written form or in a form that enables written reproduction within 15 days.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Fofefa OÜ and its licensors. The Service is protected by copyright, trademark, and other laws of both the Estonia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fofefa OÜ.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Fofefa OÜ.
Fofefa OÜ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fofefa OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Fofefa OÜ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fofefa OÜ, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Fofefa OÜ
Metsa 60a, Tallinn, Estonia
fofefa@fofefa.com
