Medfirst OÜ, registry code 12482754, address Köie 1c, 10415 Tallinn (hereinafter the Service provider or the Party) and customer, who draws up an order in the e-shop of Medfirst OÜ and identifies themselves by entering their personal details in the order (hereinafter the Service user or the Party), concluded this E-shop Usage Agreement (hereinafter the Agreement).
1.1. Medfirst OÜ’s e-shop (hereinafter the E-shop) is an online shop created by the Service provider with the aim of mediating selling of products to the Service user.
1.2. The E-shop is available on the website www.medfirst.ee/epood
2. GENERAL PROVISIONS
2.1. In regulating mutual relations, the Parties to the Agreement derive from the legislation of the Republic of Estonia, other valid legal acts, and provisions of the Agreement.
2.2. The Service provider has the right to implement changes in the provided E-shop.
2.3. The Service provider has the right to amend the terms and conditions of the Agreement unilaterally without an obligation to notify the Service user thereof in writing by e-mail.
3. PRODUCTS AND COMPLETING A PURCHASE
3.1. Products offered in the E-shop are sold to both natural and legal persons.
3.2. The displayed product images are of illustrative meaning and may differ from the actual product. Product descriptions featured in the E-shop may not be conclusive and may contain unintentional errors.
3.3. The availability of products displayed in the E-shop may change due to technical issues in the stock records or E-shop programs.
3.4. If a product is missing from the warehouse and an order cannot be completed, a representative of Medfirst OÜ shall contact the user and offer a new possible time of delivery or replacement of the product with another similar product that has equal price and quality, or return of the paid sums. In this case, the Service user is returned the money immediately, but no later than within 14 days as of submitting an order.
3.5. Service user selects products they wish to purchase and is obliged to enter data required for completing an order (surname, first name, name of the company, registry code, contact number, e-mail address, delivery address, postal code) and the delivery method, and will pay for the purchase (including delivery fees) via an Internet Bank link or a credit card payment.
3.6. When drawing up an order, the Service user is obliged to submit correct details required for completing the order. The Service provider is not eligible for failing to complete an order due to incorrect data submitted by the Service user or the consequences thereof.
3.7. Sale is performed, when the Service user has received an order via the E-shop and paid for the order.
4. TERMS OF PAYMENT
For orders made in E-shop and by e-mail:
The term of payment is a 100% advance payment via the bank link of the suitable bank or by credit card (Maksekeskus mediates the payments. After confirming the order, we will send you the purchase invoice by e-mail).
Bank transfer. After confirming the order in the E-shop or after submitting an order by phone or e-mail, we will send you the purchase invoice with a term of payment of 14 days by e-mail.
Cash payments are possible when coming to our Training Centre at 12 Iva Street in Tallinn upon prior agreement made by phone or e-mail.
Invoices are sent as follows when ordering by e-mail:
– On the same business day, if the order is submitted before 2 p.m.
– On the following business day, if the order is submitted after 2 p.m., on the weekend or on national holidays.
5.1. All E-shop prices are in euros and include VAT.
5.2. The Service provider has the right to change prices displayed in the E-shop at any time. If E-shop prices have been changed after the Service user has submitted or paid for an order, the Service provider is obliged to deliver the products to the Service user for prices that were valid at the time of making the order. The Service user has not right to demand for compensation for the price difference.
6. TERMS OF DELIVERY
6.1. The Service provider enables delivery of purchased goods within the Republic of Estonia only.
6.2. The Service user has the right to select between the following methods of delivery for the purchased goods (shipment):
6.2.1. The goods are delivered to the Omniva parcel machine selected by the Service user within 3 business days as of making the payment for a service fee of €4.00, or to an Itella SmartPost parcel machine within 3 business days as of making the payment for a service fee of €4.00. The Service provider only enables delivery in the parcel machine if the measurements of the ordered goods do not exceed the limits set for the parcel machine packages. After delivering the purchased goods (shipment) in the parcel machine, the Service user is sent a text message notifying of arrival of the goods along with a door code, and the shipment is kept in the parcel machine for 7 calendar days, during which the Service user is obliged to pick it up. If the Service user does not pick up the shipment within the specified term, the shipment is returned to the Service provider (at the administrative address of Medfirst OÜ at 12 Iva Street) and the Service user has the right to receive the purchased goods from there upon presenting a personal identification document. In this case, the Service provider is not obliged (except for in the case of withdrawal from the Agreement) to return the delivery fee paid by the Service user thereto, and the Service provider has the right to demand for an additional fee for covering the return fee in the sum of €4.00.
6.2.2. The Service user will come to pick up the goods on the agreed time at 12 Iva Street, Tallinn, 1st floor on the agreed time. The Service provider issues the ordered goods only upon a personal identification document to the buyer or receiver of goods specified in the order.
6.3. The Service user is obliged to inform the Service provider in writing immediately, but no later than within 2 (two) business days of receiving the goods in case of methods of delivery specified in Clauses 6.2.1–6.2.2, if the shipment has not been duly delivered, is broken, has shortcomings or not fully assembled. In addition, the Service user is obliged to notify the Service provider in writing within 15 (fifteen) calendar days at the latest as of receiving a confirmation, if the shipment has not been delivered in the point of delivery by the method of delivery specified by the Service user or has not been made available in the point of delivery.
7. RIGHT OF WITHDRAWAL
7.1. A Service user that is a natural person has a 14-day right of withdrawal from an agreement concluded by a means of communication. The withdrawal term ends 14 days after the day, when the Service user that is a natural person or a third person authorized thereby, who is not the carrier of goods, received the goods physically in their possession. In order to exercise the right of withdrawal, the Service user is obliged to submit an unambiguous withdrawal application to the Service provider.
7.2. The Service user has the right to submit a withdrawal application by selecting one of the following options:
7.2.1. Bring the withdrawal application to the address related to the Service provider at 12 Iva Street, 1st floor, Medfirst OÜ.
7.2.2. Send the withdrawal application by post at Medfirst OÜ, Iva tn 12, Tallinn 12618.
7.2.3. Send the withdrawal application by e-mail at firstname.lastname@example.org
7.3. If the Service user has decided to withdraw from the agreement, it is obliged to return the goods to the Service provider no later than within 14 days as of submitting the withdrawal application to the Service provider.
7.4. The product to be returned must have no deficiencies, be fully assembled, placed in the original packaging, and be unused. The product packaging may be opened carefully without causing any damages thereto, as is acceptable in a regular shop.
7.5. If a Service user that is a natural person withdraws from the Agreement in compliance with Clauses 7.1–7.4 of the Agreement, the Service provider returns the Service user all contractual payments, including delivery fees (except for additional fees, which derive from the method of delivery selected by the Service user, which differs from the cheapest regular method of delivery offered by the Service provider) immediately, but not later within 14 days as of the day when the Service provider became aware of the Service user’s decision to withdraw from the Agreement, received the goods that form an object of agreement in their possession, and these met the description provided in Clause 7.4 of the Agreement in full.
7.6. Money is transferred to the same bank account, from which the Service provider received the money.
7.7. The Service user is obliged to cover the expenses for returning the goods, except for in the case, when the goods to be returned did not comply with the order made by the Service user.
7.8. If it becomes aware, after returning the product, that the product does not meet the conditions specified in Clauses 7.1–7.4 of the Agreement, money is not returned to the Service user and the returned goods are left with the Service provider for storage. The Service user covers expenses related to storage or returning the product to the Service user.
8. PROCEDURE FOR SUBMITTING COMPLAINTS
8.1. For Service users that are natural persons, a 2-year term for submitting complaints laid down in subsection 218 (2) of the Law of Obligations Act is valid for goods purchased in the E-shop.
8.2. The Service user submits the complaints on the contact addresses specified in Clauses 7.2.1–7.2.3 of the Agreement.
9. PERSONAL DETAILS AND USE THEREOF
9.1. The Service user gives the Service provider a clear and conscious consent for processing their personal details.
9.2. The personal of the Service user, which became known to the Service provider when entered by the Service user upon submitting an order, are entered in the customer register and used for providing sales services and offering goods to the Service user.
9.3. Personal details are processed by OÜ, 12 Iva Street, 1st floor, 12618 Tallinn, registry code 12482754.
9.4. Personal details of the Service user, which are necessary for delivery of goods to the Service user are forwarded to the company that provides courier services.
9.5. Protection of personal details is ensured pursuant to all security methods set out in the law.
9.6. The Service provider undertakes not to forward the registered personal details to unauthorized persons.
10. SETTLEMENT OF DISAGREEMENTS
10.1. Contractual differences between the Service user and Service provider are settled by the way of negotiations. If an agreement is not reached, the Parties have the right to address the Consumer Complaint Committee operating with the Estonian Consumer Protection Board, or settle the disagreements in Harju County Court.