Terms and Conditions

TERMS OF USE

Terms of use were updated on 14.05.2017

1. GENERAL
1.1. These terms of use regulate the legal relationship arising between MarKina Style OU, registry code 12394607, Kalevipoja poik 1-111, Tallinn (Trader) and the person who made the purchase (Client) in the purchase-sale of the products and accessories in the www.mydesire.eu sales environment (e-store).
1.2. In addition to these conditions the legal relationships arising from the distribution of products via the e-store are regulated by the laws of the Republic of Estonia.
1.3. The Trader may change the terms of the e-store and the prices of the products and services. Changes will be notified in the e-store’s environment. The terms and prices applicable at the time of the transaction taking place are applied to the transaction.
1.4. The selection of products, prices and discounts may differ from the product selection, prices and discounts of the Trader’s retail product selection.

2. PRICE
2.1. The prices of the products are provided on the products’ sheet and the prices include the 20% value added tax in force in Estonia. All prices are in EURO currency only.
2.2. The delivery fee in accordance with the delivery method chosen by the Client in the course of formalising the order is added to the price of the products. The manner of delivery will be chosen and the delivery charge calculated in the basket.
2.3. In case of the existence of a discount code the discount of the product will be calculated after entering the discount code in the basket.

3. COMPLETING THE ORDER
3.1. The Client will add the product to the basket after choosing the product and, where necessary, the size on the product sheet by clicking the “Add to basket” button.
3.2. The quantities in the basket may be changed and products may be removed from the basket until paying for the products.
3.3. For completing the order the necessary details need to be entered, the payment method chosen and the button “Secure payment” clicked in the basket.
3.4. The order is deemed to be conclusively completed after clicking the “Secure payment” button.
3.5. The Trader will send a notification for the confirmation of the order to the Client’s email address.
3.6. In case of not having the Product ordered by the Client the Trader will cancel the order. An order may be cancelled in part as well as in whole. The Client will be informed of a cancelled order immediately. In case of a partial cancellation the Trader may ask for the Client’s wishes for handling the rest of the order – whether to dispatch or cancel as well.

4. PAYMENT
4.1. The Client will pay for the purchases made in the Web environment (e-store) 100% in advance.
4.2. The orders can be paid for by credit card (Visa, MasterCard), Estonian bank links (Swedbank, SEB, Nordea, Danske, Krediidipank, LHV Pank), Latvian bank links (Swedbank, SEB) and in the PayPal environment.
4.3. Payment takes place in a secure environment outside the e-store – when paying with a bank link in the secure environment of the respective bank, when paying by credit card in the secure environment of Maksekeskus AS (http://maksekeskus.ee/) and in case of PayPal payments in the PayPal secure environment respectively. The Trader does not have access to the Client’s bank and credit card details.
4.4. After placing the order and making the payment the Client will be sent a confirmation via email, on delivery an invoice is added to the parcel; for a dispatch outside the European Union a customs declaration is also added (UPU form CN22).

5. DELIVERY OF THE PRODUCTS TO THE CLIENT
5.1. The e-store delivers products to all the European Union Member States together with the rest of the world.
5.2. The products are delivered to the Client as the Registered Maxi Letter Business Letter and the Omniva parcel automatic parcel point services offered by Omniva (AS Eesti Post) and as services offered by Itella SmartPOST OÜ. The deliveries can be tracked in Omniva’s (former Eesti Post) and UPU’s international tracking environment at the address www.track-trace.com/post and the tracking environment of the Itella SmartPOST’s parcels at the address uus.smartpost.ee/saadetise-otsing.
5.3. The Client will pay for the costs arising from the delivery of the Products. Depending on the destination the parcel fee is:
* Estonia: Free
* Latvia, Lithuania: to the Omniva automatic parcel point € 7.99; standard parcel € 7.99
* Finland: standard parcel € 7.99
* The rest of the European Union: € 12.99
* Rest of the world: € 17.99
5.4. The Trader will complete the orders, incl. hand over to the post office for dispatch within three working days from the confirmation of the order at the latest. The arrival of the product to the Client depends on the postal service. The indicative arrival times are:
* Estonia: 1-3 working days
* Latvia, Lithuania: 2-5 working days
* Finland: 3-5 working days with Posti, 1-2 weeks with standard parcel
* The rest of the European Union: 1-2 weeks
* Rest of the world: 1,5-4 weeks

6. RIGHT OF WITHDRAWAL, RETURNING AND EXCHANGING GOODS
6.1. The Client has the right to withdraw from an undisclosed transaction within 14 calendar days (registered clients have a right to withdraw from a transaction within 30 days) from receiving the product.
6.2. The Client is obligated to return the product within 14 calendar days from submitting the withdrawal order. The return deadline will start running from the day on which the Client or a third person specified by him, who is not the carrier of the goods, has received the product into their possession. In case the delivery consists of more than one parcel, the withdrawal deadline will start running from the arrival of the last parcel to the Client.
6.3. You can return an Itella SmartPOST parcel for free within 30 days by using the door code or return code contained in the original text message. If the automatic parcel point issues an address card on return, stick it exactly on the old address card.
6.4. On withdrawal from the transaction the Trader will return to the Client the sums paid by him, incl. delivering the product to the Client, by transferring the returnable sum into the Client’s bank account within 14 days from the withdrawal application reaching the Trader at the latest. The Trader has the right to delay returning the paid sums until the Client has returned the product or submitted proof of handing over the product to the post office for return. On using the right of withdrawal the Client will carry all expenses directly related to the returning of the product.
6.5. In case the client wants an exchange, mending or replacement of the Product, the Client must fill in the return sheet included with the Product and invoice. In case of exchanging or replacement of the product the Client will carry all expenses directly related to returning the product, unless the product returned does not correspond to what was ordered.
6.6. A precondition of returning or exchanging the product is a completely unused product, which retains all the labels and other documents that came with the parcel, including the invoice issued to the Client.
6.7. The right of return does not apply to lingerie products and beachwear that has been taken out of the package for hygiene considerations.
6.8. The product may be replaced within 14 days from the product reaching the Client, if the size of the ordered product was not suitable. Registered clients are able to exchange the product within 30 days.
6.9 If the product returned to the Trader is not possible to be exchanged due to not having the size the Client requested, the Trader will contact the Client.

7.SUBMITTING A COMPLAINT
7.1. The Trader is responsible for the nonconformity to requirements and defects of the products for 2 years from the receipt of the products by the Client.
7.2. On discovering the nonconformity to requirements of the product or defects of the product the Client undertakes to notify the Trader immediately but no later than within 2 months from becoming aware of the nonconformity by sending the respective information to the email address info@mydesire.eu or in writing to the address of MarKina Style OU, Kalevipoja poik 1-111, Tallinn 13614 Estonia.
7.3. In case of a nonconforming or defective product the Client has the right to claim the performance of obligations from the Trader, withdraw from the contract or to cancel the contract and claim compensation for damages, reduction of price, in case of delaying the fulfilment of financial obligations claim a fine.
7.4. In case of nonconformity of the product to requirements or defects the Client has the right to first demand the free mending of the product or replacement with a product conforming to the requirements and without defects or to return the product at the Trader’s expense.
The Client has the right to demand the reduction of the purchase price of the product or the termination of the contract and the recovery of the sums paid for the product if:
• The Trader is not able to mend or replace the product or
• Mending or replacing the product fails or
• The Trader has not rectified the defect of the product within a reasonable time or
• The Client is caused unjustifiable inconveniences.
7.5. In case of returning a nonconforming product the Client will be compensated for the sums paid for the product together with transport costs to the bank account specified by the Client within 14 days at the latest. The Trader has the right to delay returning the sums paid until the Client has returned the product in his possession or submitted evidence of handing over the product to the post office for returning.
7.6. The Trader is not liable for or will compensate the Client for expenses made in case of nonconformity of the product to the requirements or defects if:
7.6.1. The Product has deteriorated/been damaged due to the fault of the Client;
7.6.2. Defects have been caused by the use for a non-intended purpose, incl. as a result of not following the care instructions;
7.6.3. The Product has changed due to normal wear of ordinary use.
7.6.4. The document proving the making of the purchase is missing.
7.7. In case disputes have arisen between the Client and Trader on the defects of the product, the Client has the right to turn to the Trader with a complaint, by specifying in a complaint submitted in writing or in a form allowing for written reproduction (email) his name and contact details, the date of submitting the complaint, the defect existing in the product and the solution requested by him. The Trader will respond to the Client’s complaint in writing or form allowing for written reproduction (email) within 15 days.
7.8. In case the Client and Trader do not reach an agreement regarding the dispute and the value of the disputed product is at least 30 euros, the Client has the right to turn to the consumer complaints committee at the Estonian Consumer Protection Board (www.komisjon.ee) for out-of-court settlement of the dispute and use the European Union Online Dispute Resolution procedure at http://ec.europa.eu/odr. Reviewing of a complaint in the consumer complaints committee is free of charge for the parties. Dispute settlement at the Estonian Consumer Protection Board is guided by the legislation of the Republic of Estonia.
7.9. On not agreeing with the decision of the commission the parties have the right to turn to the local county court of the Trader.

PROCESSING PERSONAL DATA
8.1. The data about the Client and his order stored in the orders’ environment of the e-store are treated as confidential information. The Trader will not disclose the information that has become known to it to third parties.
8.2. The data communication between the Client and banks and card payment centres is encrypted, which ensures the security of the Client’s personal data and bank details. The Trader does not have access to the Client’s confidential bank and payment card details.
8.3. The personal data submitted by the Client, which the Trader has received on making the purchase by the Client are protected and they are processed according to the requirements of the Personal Data Protection Act.
Personal data is collected and they are processed for the following purposes: for making purchase analyses and summaries, for making offers to the Client but also for organising Client satisfaction questionnaires.
8.4. The personal data of the Client is processed by MarKina Style OU, registry code 12394607, Kalevipoja poik 1-111, Tallinn).
8.5. MarKina Style OU may authorise other legal persons (authorised processor) to process personal data on the condition that a contract has been entered into with such a processor, according to which the authorised processor is obligated to keep the personal data to be processed as confidential and to ensure the relevant protection of personal data according to the requirements provided in the legislation.
8.6. MarKina Style OU will make the list of the up-to-date legal persons available to the Client on the basis of the Client’s application, which is submitted in writing to MarKina Style OU address at Kalevipoja poik 1-111, Tallinn 13614 or digitally signed to the address info@mydesire.eu