General ordering terms in Desire Shop e-shop
As of 15 April 2017
I The scope and validity of terms and conditions
1.1 These general terms and conditions and ordering terms and conditions (hereafter the Conditions) of Markina Style OU (hereafter the Seller) shall be valid for all parties (hereinafter the Purchaser/Customer) who use the e-Store at www.mydesire.eu (hereinafter the e-Store), order goods and services (hereinafter the Goods) in the e-Store by entering into a contract of purchase and sale (hereinafter the Sales Contract) in order to purchase Goods in the e-Store.
1.2 By accepting these Conditions, the Purchaser confirms that they have read the terms of the Sales Contract, agree to them and will follow them.
II Purchasing the Goods and placement of orders in the e-Store
2.1 It is possible to purchase those Goods in the e-Store that have an ‘Add to the cart’ link. The price and the availability of the Goods may change at any time and without prior notice. If the Purchaser 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 the Sales Contract entered into via the e-Store and not to deliver the Goods or Service ordered under the following circumstances: the Goods are out of stock, the Goods have an ‘On order’ status in the e-Store (the Goods are out of stock) or the price or qualities of the Goods have been displayed in the e-Store 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-Store and if you agree to theme, please confirm this by ticking a box in front of the Conditions.
Please confirm your order by clicking on the ‘Place the 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 on the Customer/Purchaser, and you are also welcome to register as a regular customer of Desire Shop. 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 Markina Style OU or after the contract for payment by instalments has been signed. The Seller shall not process Order Confirmations that have not been paid for.
2.4 Payment for the Goods
You can pay with a credit card by clicking on the corresponding payment option and by following the instructions displayed.
After the payment, the e-Store will send you an Order Confirmation and an invoice.
2.5 All personal data disclosed in the course of visiting the Desire Shop e-Store and making purchasers shall be treated as confidential information. The encrypted data communications line with the banks ensures the security of the personal data and bank account information of the Purchaser. The representatives of Markina Style OU do not have Access to encrypted data.
2.5 Delivery and transfer of products
The Goods will be delivered to the delivery address entered by the Purchaser in their order. The Purchaser will be notified of the delivery by using the contact data indicated upon the placement of the order.
Please make sure that the contact data entered during the placement of the order are correct in order to prevent delays and misunderstandings in the delivery of products. Markina Style OU 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.
The Goods shall be transferred only to the Purchaser and against a delivery bill. Before signing the delivery bill, please carefully check the packaging of the Goods and if the packaging has been damaged, write a comment on the delivery bill. If the packaging has been damaged, you may refuse to accept the delivery and/or immediately inform the e-Store thereof by sending a notice to email@example.com.
The Goods shall be transferred to a third person, if they have a letter of authorisation (including in the event that the Purchaser has indicated a third person in their order as the recipient). The Seller may authorise third persons (including a courier service) to deliver the Goods.
If the Purchaser fails to collect the Goods within 14 (fourteen) days from the agreed date of the collection of the Goods, it shall be deemed that the Purchaser has violated the Sales Contract and they do not wish the Goods. The Seller has the right to unilaterally withdraw from the Sales Contract and to request compensation for the damage (e.g. costs of Goods storage) and to settle the damage incurred by the amount of money prepaid by the Purchaser.
2.6 Withdrawal from the Sales Contract and the return of Goods
The Customer is entitled to withdraw from the Sales Contract within 14 (fourteen) days from the delivery date of the Goods. The right of withdrawal from the Sales Contract does not apply to the Goods marked as ‘On order’ in the e-Store, to custom-made goods and to the services delivered (installation packages, computer aid, transportation of old products) and the payments received for these shall not be refunded to the Purchaser.
In the event of withdrawal from the Sales Contract, the Goods and the packaging have to be intact. All gifts and other benefits arising from the Sales Contract have to be returned or refunded in the event of withdrawal.
In the event of returning Goods that have been used or incomplete, the Seller has the right to reject the Purchaser’s request for withdrawal or to deduct the impairment of the value of the Goods from the refund payable to the Purchaser. And furthermore, if the Purchaser fails to return gifts and other benefits, the Seller is entitled to settle their value at the valid retail price.
In the event of withdrawal from the Sales Contract, the Seller is entitled to deduct up to €10 from the refundable sales price as compensation for handling expenses.
If the Purchaser fails to return the Goods within 14 days from the date of submission of withdrawal notice, the Seller has the right to reject the withdrawal notice.
Customers can send their applications on the return of the Goods and withdrawal from the Sales Contract to Customer Service, by using the corresponding ‘Return of Goods‘ form.
In the event of withdrawal from the Sales Contract, the Goods can be returned to the Desire Shop stores the addresses of which can be found at www.mydesire.eu. Handling fee for the return to a store is €10 and the fee has to be paid at the store. You may also return the Goods by post to the e-Store of Markina Style OU at Estonia Pst. 1, 12918, Tallinn or with the Desire Shop courier in accordance with the transportation price list of the e-Store.
Purchase amount shall be refunded within 14 days after the Seller has received the Goods returned. The amount paid via a bank link or by a bank transfer shall be refunded to the account from which the amount paid was received and in line with the payment option indicated in the order. In the event of credit card payments, the request for the cancellation of the transaction will be sent to the card payments centre. In the event of purchases by instalments, the valid contract for payment by instalments can be cancelled by sending a written application to firstname.lastname@example.org or email@example.com. In the event of payments with gift cards, we will refund the purchase amount in the form of gift cards.
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 delivery of the Goods. In order to cancel the Sales Contract/Order, please send a corresponding notice and the number of the Sales Contract by e-mail to firstname.lastname@example.org. We will send you a confirmation on the cancellation of the Sales Contract.
III Principles of data protection and processing
3.3 The Purchaser 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.
IV Liability and dispute resolution
4.1 The Customer is entitled to submit complaints to the Seller with regard to non-conforming (defective) goods over a period of two (2) years from the date of their delivery. A complaint has to be submitted immediately but no later than within two (2) months from the detection of the defect. After the detection of the defect, the Customer has to take all reasonable measures for the preservation and protection of the Goods, including not to use the defective Goods if this would further deteriorate the condition of the Goods.
4.2 If the Goods do not conform to the terms of the contract, the Purchaser may exercise all legal remedies, 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 Markina Style OU shall not be liable for the following: for the deterioration of/damage to the goods by the fault of the Purchaser, for the defects caused by the irregular use of the Goods and for the normal wear and tear resulting from the regular use of the Goods.
4.4 If the Seller or the manufacturer has granted warranty against defects to the Goods, the warranty conditions in written form shall be delivered to the Purchaser along with the Goods and/or shall be made electronically available in the e-Store.
4.5 The Purchaser has to keep the purchase documents (invoice, contract) that verify the purchase of the Goods from the Seller’s e-Store for the resolution of possible later problems. The Seller/customer service assistant has the right to not resolve the problem, if a purchase document is missing.
4.6 Complaints concerning the Goods purchased in the e-Store can be submitted as follows: Markina Style OU e-Store, Estonia Pst 1, Tallinn or to e-mail address: email@example.com. Complaints are also accepted at Desire Shop stores the addresses of which can be found at www.mydesire.eu.
4.7 The defective Goods have to be presented with a complaint. The Seller and the Purchaser shall enter into a device maintenance and repair contract, if the Goods need to be sent to a diagnostics centre or to experts for the identification of the nature and cause of the defect.
4.8 Defects of the Goods shall be resolved according to Markina Style OU’s Terms and Conditions of Filing Complaints, which form an integral part of the Sales Contract and these Purchase Conditions, and which the Purchaser has accepted before entry into the Sales Contract.
4.9 The Seller shall ensure that the Goods sold in the e-Store conform to the standards effective in the European Union. The circumstances highlighted in these standards shall not be deemed as defects of the Goods.
4.10 You can ask for information on orders: from Monday to Sunday by calling +37254441111 or sending an inquiry to: firstname.lastname@example.org
4.11 The Customer is entitled to address to the competent supervisory authority, which is the Consumer Protection Board at 2 Rahukohtu Street, Tallinn, e-mail: email@example.com. The Consumer Dispute Resolution Commission is authorised to resolve the disputes arising from the contracts entered into between the consumer and the company that the parties have failed to settle by way of negotiations. Further information on dispute resolution is available at http://ec.europa.eu/consumers/odr/.
V 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, Markina Style OU reserves the right to cancel the sales transaction and to refund the money to the Customer within 10 business days to their bank account.
5.3 The e-Store of Desire Shop 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 (e.g. if a dress worth EUR 700 is sold for EUR 70, this is an obvious error. And therefore we assume that the customer would understand that this is an error and the product will not be sold at that price).
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. As manufacturer’s data sheets can be incomplete, the product information at Desire Shop e-Store might be inaccurate. In this event, Desire Shop e-Store does not assume any liability for the correctness of the product data. However, we recommend that you check the accuracy of product information before your purchase by calling our customer service department at +37254441111.
VI Validity of the Terms
6.1 These Seller’s e-Store Terms shall be valid as of 15 April 2017.