Terms & conditions

General ordering terms for Chocolala OÜ e-shop

Updated September 1st, 2020

1. Scope and validity of the terms and conditions

1.1 These general terms and conditions and ordering terms and conditions (hereafter the Conditions) of e-shop of Chocolala OÜ (hereafter the Seller) shall be valid for all parties (hereinafter the Customer) who use the online store at www.chocolala.ee (hereinafter the e-shop), order goods and services (hereinafter the Goods) in the e-shop by entering into a contract of purchase and sale (hereinafter the Sales Contract) in order to purchase Goods in the e-shop.
By accepting these Conditions, the Customer confirms that they have read the terms of the Sales Contract, agree to them and will follow them.

2. Purchasing Goods and placing orders in the e-shop

2.1 It is possible to purchase those Goods in the e-shop that have an ‘Add to Cart’ link. The price and availability of the Goods may change at any time and without prior notice. If the Customer has placed their order before the price of the Goods changes, the price valid at the time of the order shall apply.

2.2 The Seller has the right to withdraw from a Sales Contract entered into via the e-shop and not to hand over the Goods or not to provide the Service ordered in the following events: the Goods are out of stock, the Goods have an ‘On Demand’ status in the e-shop (the Goods are out of stock) or the price or qualities of the Goods have been displayed in the e-shop incorrectly due a system error.

2.3 Shopping cart and placement of orders

You may change the quantity of the Goods in your shopping cart. In the shopping cart, you can also select products and services that complement the Goods you have chosen by clicking on ‘Display complementary products’. Select a suitable delivery option for your order. More information on the delivery option will be asked later on the ‘Placement of Orders’ page. Please read the purchasing conditions of the e-shop and if you agree to these, please confirm this by ticking a box in front of the Conditions.

Please confirm your order by clicking on the ‘Place Order’ button and you will be directed to the payment options page. Select a suitable payment option. You can also change the payment option in the final stage of ordering. Enter the information, delivery addresses, emails and phone numbers of the Customer/Purchaser and/or final recipient. You can at this stage register as a loyal customer of Chocolala. Please select the delivery option and click on the ‘Continue’ button. Now you will see payment options again and in order to confirm your order and to make your purchase, you have to make a final selection. Select the option of payment and pay for your purchase. Please be very careful in placing your order, as this is very critical for the quick and uninterrupted delivery of the products ordered.
A Sales Contract is deemed as entered into from the receipt of the amount payable according to the confirmation of the order to the bank account of Chocolala OÜ. The Seller shall not process order confirmations that have not been paid for.

2.4 Payment for the Goods
You can pay for the products: via an Internet Bank (Swedbank, SEB, Nordea Pank, Danske Bank, via the bank link of LHV Pank). You can pay with a gift card, a credit card or Paypal by clicking on the corresponding payment option and by following the instructions displayed.

After the payment, the e-shop will send you an Order Confirmation.

All the personal data disclosed in the course of visiting the Chocolala e-shop and making purchases shall be treated as confidential information. The encrypted data communications line with banks ensures the security of the personal data and bank account information of the Customer. The representatives of Chocolala OÜ do not have any access to the respective encrypted data.

2.5 Delivery and handover of products
The Goods will be delivered to the delivery address entered by the Customer in their order. The Customer will be notified of the delivery by using the contact data indicated upon placing the order. Goods ordered will be transported in accordance with the terms and conditions of transport valid at the moment of placing the order.
Please make sure that the contact data entered when placing an order are correct in order to prevent delays and misunderstandings in the delivery of the Goods. Chocolala OÜ and a courier company do not assume any liability for the delayed delivery and misunderstandings if these have been caused by the inaccuracy or incorrectness of the data that you submitted during placing your order.
Upon reception of the Goods, please check the packaging of the Goods carefully and if the packaging has been damaged, please immediately inform the client service of Chocolala by sending an e-mail to info@chocolala.ee.
The Goods shall be handed over to a third party, in the event that the Customer has indicated a third party as the recipient of the Goods. The Seller may authorize third persons (including use a courier service) to deliver the Goods
If the Customer fails to collect the Goods no later than within 14 (fourteen) days from the agreed date of receipt of the Goods, it shall be deemed that the Customer has violated the Sales Contract and they do not want the Goods. The Seller has the right to unilaterally withdraw from the Sales Contract and request compensation for the damage (i.e. costs of storage, damage, and return of the Goods) and settle the damage incurred by the Seller from the amount of money prepaid by the Customer.

2.6 Right of withdrawal

2.6.1. The Customer has the right to withdraw from the Sales Contract entered into in the e-shop without providing a reason within 2 (two) days.
2.6.2 The term for withdrawal expires 2 days after the day when the payment was received in the Seller accounts.
2.6.3. In order to exercise the right of withdrawal, the Customer must notify the Seller of their decision to withdraw from the Sales Contract in a written application and submit it in the Seller’s store or send it by e-mail.

Contact details:
Chocolala OÜ
Suur-karja 20, 10146 Tallinn, Estonia
Tel: 5565 4333
It is also possible to notify of withdrawal through the website contact form.

2.6.4 Absence of right of withdrawal
The Customer has no right to withdraw from the Sales Contract if:
a. the Goods were delivered to the Customer in sealed packaging, are not suitable for returning due to health protection or hygiene reasons and were opened after delivery;
b. the object of the Sales Contract is a gift card and its unique code has already been used.
2.6.5 Withdrawal from Sales Contract
a. Upon withdrawal from the Sales Contract, Chocolala OÜ will reimburse to the Customer all the payments received from the Customer under the Sales Contract, including the delivery costs (apart from additional costs arising from the Customer’s preferred delivery method which differ from the cheapest and most common method of delivery offered by Chocolala OÜ), without delay, but no later than 14 days after the day on which the Seller learned of the Customer’s decision to withdraw from the Sales Contract.
b. Chocolala OÜ will refund the aforementioned sums using the same payment method that the Customer used to make the payment unless the Customer proposes an alternative method of payment. Such refunds do not entail any additional service or other costs for the Customer.
c. The Customer must return the Goods to Chocolala OÜ without delay, but no later than 5 days after they notified Chocolala OÜ of their withdrawal from the Sales Contract. The Goods may be returned to the Chocolala store or using agreed methods. The deadline is met if the Customer returns the Goods being the object of the Sales Contract before the end of the 5-day period.
d. The Seller has the right to refuse to provide any refunds until the Seller has received the Goods being the object of the Sales Contract or the Customer has provided the Seller with proof of having sent back the Goods, whichever occurs first.
e. To avoid compensating for the decrease in the value of the Goods, the Goods must be returned in their original packaging and in their entirety (all of the items included in the product packaging must be present along with any gifts related to the Sales Contract).
f. Direct costs of returning the Goods must be covered by the Customer.
g. If the Goods are damaged, the Customer is responsible for the decrease in the value.
h. Chocolala OÜ has the right to submit claims arising from the decrease in the value of the Goods against the Customer no later than within one week of receiving the returned Goods.
i. If the Customer does not agree to the decrease in the value as indicated by the Seller, the Customer has the right to address an independent expert in order to establish it. The costs of an independent expert shall be paid by the party whose position did not prove to be substantiated.

2.7 Cancellation of the Sales Contract
You are entitled to cancel your order without any extra costs after having paid for it, but before the shipping of the Goods. In order to cancel the Sales Contract/Order, please send a corresponding notice and the order number by e-mail to info@chocolala.ee. We will send you a confirmation on the cancellation of the Sales Contract.

3. Principles of data protection and processing

3.1 The Seller shall ensure the protection of the Customer’s data, including their personal data, and the use of the data in line with the procedure prescribed by the terms of the Privacy Policy. The Customer confirms that they have read and agree to the terms of the Privacy Policy. Subject to applicable legislation and the provisions of the Privacy Policy, the Seller shall have the right to process data (including personal data) without the consent of the Customer to the extent necessary for the use in the e-shop, the performance of the Sales Contract or for ensuring the performance of the Sales Contract. Based on the above, the Seller is, without the Customer’s separate consent, also entitled to: send the Customer notices related to the use of the services in the e-shop, including such notices that are in the interests of the security of the e-shop users; to store the data on the orders of the Customers who have logged in the e-shop for the purpose of their better service and the verification of transactions, including, within reasonable time limits, the data on the orders that the Customer did not place during a session.

3.2 If the Customer has granted their consent for the use of their data for marketing purposes either by the entry into a loyal Customer Contract or by any other declaration of intention (e.g. in self-service) that confirms their consent, the Seller shall use these data subject to the terms and purposes set forth in the Privacy Policy, including for sending personal direct marketing, campaign and discount offers for goods and services to the Customer electronically (e.g. by e-mail or text messages).

3.3 The Customer is entitled to withdraw their consent for the use of their data for marketing purposes at any time by sending a corresponding e-mail to the Seller, or to decline further direct marketing offers by following the instructions in a direct marketing offer sent to their e-mail address.

4. Liability and dispute resolution

4.1 The Customer is entitled to file complaints with the Seller with regard to non-conforming (defective) Goods over a period of two (2) days from the date of their handover. A complaint has to be filed without delay but no later than within two (2) days from detecting a defect of the Goods.

4.2 If the Goods do not conform to the terms and conditions of the Contract, the Customer may exercise the legal remedies provided for by the law, including to request the repair or replacement of the Goods or to withdraw from the Sales Contract and to return the non-conforming Goods.

4.3 Chocolala OÜ shall not be liable for the following: for the deterioration of/damage to the Goods by the fault of the Customer.

4.4 The Customer has to keep the purchase documents (invoice, contract, etc.) that verify the purchase of the Goods from the Seller’s e-shop for the resolution of possible later problems. The Seller has the right not to resolve the problem if a purchase document is missing.

4.5 Complaints concerning the Goods purchased in the e-shop can be submitted as follows: Chocolala OÜ e-shop, Suur-karja 20, Tallinn 110146 or to e-mail address: info@chocolala.ee. Complaints are also accepted at Chocolala shop at the above address or the ones found at www.chocolala.ee.

4.6 Defects of the Goods shall be resolved according to Chocolala OÜ Terms and Conditions of Filing Complaints, which form an integral part of the Sales Contract and these Purchase Conditions, and which the Customer has approved before entry into the Sales Contract.

4.7 The Seller shall ensure that the Goods sold in the e-shop conform to the standards effective in the European Union. The circumstances highlighted in these standards shall not be deemed as defects of the Goods.

4.8 You can ask for information on orders: from Monday to Sunday by calling 5565 4333 or sending an inquiry to: info@chocolala.ee

4.9 The Customer is entitled to address disputes to a competent supervisory authority, which is the Consumer Protection and Technical Regulatory Authority at Pronksi 12, 10117 Tallinn, e-mail: info@ttja.ee. In order to resolve disputes, the Customer may address the Consumer Disputes Committee. The Consumer Disputes Committee is authorised to resolve disputes arising from contracts entered into between the Customer and the Seller that the parties have failed to resolve by way of negotiations. Further information on the resolution of complaints is available at https://komisjon.ee/et/avalduse-esitamine.

5. Other provisions

5.1 The images of products have illustrative purpose.

5.2 The prices and availability of the Goods may change without advance notice. In connection with the former, Chocolala OÜ reserves the right to cancel the sales transaction and to refund the money to the Customer’s bank account within a reasonable time.

5.3 The e-shop of Chocolala reserves the right to cancel the sales transaction if one of the following Goods-related problems has occurred: human error in entering the price or technical error in the system.

5.4 Product information is verified and updated on a regular basis. It may happen that the data have been updated after your last visit. We recommend that you check the accuracy of product information before your purchase.

6. Validity of the Terms

6.1 These Seller’s e-shop Terms shall be valid as of September 1st, 2020.