Kasutustingimused

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

1.1  Seller - BEIGE BROWN online store owned by BEIGEBROWN Group OÜ, with registered address Mardi 9-27, Tallinn 10113, Estonia. Registry code 16143983 VAT Number EE102333439. Contacts of the Seller are defined in the section “Contact us.”

1.2  Online Store - is the purchasing environment for the customers and is accessible by the address www.beigebrown.com.

1.3  Physical Store - is the physical placement of the goods selling.

1.4  Customer - is an ordering or purchasing in the Online Store.

1.5  Personal Data is the Customer's data that directly or indirectly determines the Customer's individual directly or indirectly.

1.6  Privacy Policy - is a legal statement approved by the Seller that specifies for what purposes the personal data are collected, accumulated, processed, and kept from the Customers.

1.7  Terms and Conditions - is the legal statement between the Seller and the Customer within ordering or purchasing at Online Store.

1.8  Account - a personal account registered by the Customer providing his/her data regulated by the Privacy Policy statement.

2. GENERAL TERMS

2.1  These Terms and Conditions are legal statements that regulates the relationship between the Customer and the Seller. The Terms and Conditions cover the rights and obligations of the Customer and the Seller, other provisions of the sale and purchase contract, and conditions for purchasing on the Online Store. The Customer should read these Terms and Conditions and the Privacy Policy carefully and make sure that he/she understands them correctly. If the Customer disagrees with the Terms and Conditions and the Privacy Policy, the Customer should not use the Online Store.

2.2  The Seller has the right to change the terms of services and the prices of goods and services. The terms and prices are applicable at the moment of the transaction.

2.3  By placing the order on the Online Store, the Customer confirms that he/she has the right to buy the goods on the Online Store. 

2.4  To confirm the account registration on the Online Store, the Customer should confirm the request email letter to submit his/her data.

2.5  The Seller confirms and processes the purchase when the Customer gets the confirmation letter to his/her email address. The Customer should provide the essential contact information in his/her account. Fulfillment of the Customer's order starts with the Seller's payment confirmation. 

3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

3.1  Returning of the order.

3.1.1  A Customer who makes a purchase in an online store as a consumer has the right to cancel the purchase within 14 days without giving any reason. The return period expires 14 days from the day the Customer or a third party other than the carrier specified by the Customer receives the purchased goods. In the case of the pickup point delivery, the return period starts from the delivery date to the parcel point.  If the purchase consists of several products in one order and they are delivered separately, the Customer or a third party, determined by the Customer, can return the products in 14 days from the moment of delivery of the latest item from the order. 

3.1.2  The Customer can return or replace the purchased goods if he/she completes the return or exchange form within 14 days from the date of receipt of the goods. The Customer can submit the withdrawal application by sending the completed return or exchange form to the Seller. After confirming the form, the Seller must provide information about the delivery method of returning goods. The Seller can accept a return only in conjunction with a completed return form. The Customer can fulfill the return or exchange form HERE (EE/EN).

3.1.3  The Customer must return the goods within 14 days of withdrawal applying or provide evidence that he/she has handed over the goods to the logistics company within the period mentioned above. The Seller will have the right to refuse to refund the costs until the item, the subject of the contract, has been returned or until the Customer has provided evidence that he/she has returned the item, whichever is the earlier. The Customer is responsible for any product value reduction due to any action that affects the goods’ type, properties, and functioning.

3.1.4  The Customer has the right to return the purchased item to the Physical Store. The Physical Store cannot perform an exchange.

3.1.5  Refunds are made the same way the Customer paid for the goods. Refunds will be returned to the Customer's bank account, from which the purchase payment was made. The Seller has the right to refund the costs within 14 days from the moment of the order returning. The Seller is not responsible for non-payment of the return or delay in payment for the returned goods if the Customer has provided incorrect data necessary for the refund. Suppose the Customer has used their preferential tier with the specified discount that was applied to the order. In that case, the purchase price refund will equal the item's value with the specified customer discount.

3.1.6  Upon returning the order, the Seller returns the entire amount received based on the contract, excluding the delivery costs the customer paid. 

3.1.7  If the Seller notices a long-term pattern of unreasonable return activity, the Seller has the right to deactivate the Customer's account. Causeless return activity includes ordering and returning unusual quantities, repeated returns of damaged products, and returning worn products. If the Customer suggests that his/her account be deactivated unreasonably, the Customer may contact customer support and ask the Seller to reconsider the decision of the account deactivation.

3.2  Returning and exchanging conditions.

Goods for returning or exchanging are accepted under the following conditions:

  • The item is not damaged, or its appearance is substantially unchanged;
  • The item has not to bear signs of being worn;
  • The item is returned in its original packaging, with inner and outer labels, protective films, etc. If the packaging, tags, and films are removed, the Seller has the right to refuse the Buyer to return or exchange the goods.

3.3  Exchange of the goods.

3.3.1  The item can be exchanged with another size of the same item article.

3.3.2  The item can be exchanged if the conditions described in clause 3.2 are applied.

3.3.3  The item can be exchanged by returning it to the Seller by the chosen delivery method within purchasing.

3.4  Procedure of claim submission.

3.4.1  According to subsection 218 (2) of the Law of Obligations, the Customer has the right to request a claim to the Seller within 2 (two) years after the delivery date.

3.4.2  If the Customer considers the purchased item of poor quality, he/she should contact the Seller via email or phone using the contact form in the Contact us section. The Customer must provide the following information:

  • Personal information to identify the individual (name, last name)
  • Reason for claim submission
  • Order confirmation number 
  • Contact details (telephone number, email address)
  • Bank details (account number, account holder name) if the Customer wishes to refund to his/her bank account.

3.4.3  In case of the item non-compliance or defects, the Customer undertakes to notify the Seller immediately, but no later than 2 (two) months after the defect occurrence. The Customer should send the contact details, the detailed description of the problem, and the purchase receipt number to the email address - info@beigebrown.com. If a product defect occurs, please stop using the product immediately.

A goods item is considered to be an item of good quality if:

  • the item corresponds to the description and features provided on the Online Store; 
  • the item is suitable for regular use in the same way as other goods of the same type; 
  • the quality and parts of the item can be expected from other goods of the same kind.

Goods sold on the Online Store, mainly handmade items, can be natural materials. Some properties such as ridge variations, knit, or color texture cannot be considered defects. Materials of the highest quality are selected for the goods. However, their natural properties are unavoidable and should be accepted as a part of the natural appearance of the item.

3.4.4  In case of claims to the goods, the Customer has the right to demand:

  • Eliminate product defects by repair
  • Exchange the defective product for the same item of good quality
  • Request for a reduction in the item price
  • Refund of the purchased item cost.

3.4.5  It's considered that the defect already existed when the item was delivered within the first six months. It is the Seller's responsibility to rebut that presumption. If a claim is submitted, the Seller should always bear the costs related to the item repair or exchange, partial delivery, labor, and material costs, within the first six months after handing over the thing to the Customer ( § 222 (4) of the Human Rights Protection Act). For the next 1,5 years, the Seller will bear the respective costs only if the claim is reasonable.

3.4.6  The Customer can submit a request to the Seller and return the goods to the Physical Store or send them or return them by courier. The Seller will check the returned item carefully. Within 14 days from the receipt of the defective item, the Seller is obliged to provide information about the Buyer's request by email.

3.4.7  If the Customer requests a refund, and such a request is justified, the refund of the purchased item takes place, excluding the delivery and return shipment costs.

3.4.8  The Customer is responsible for ensuring that the Customer’s data provided on the Online Store are accurate, correct, and complete. In case of such data change, the Customer should update them in the My Account section or inform the Seller about the data change by telephone or via email using the details in the area Contact us. The Seller should not assume liability, in any circumstances, for any damage incurred by the Customer and/or third parties due to the Customer’s failure to provide current and/or complete personal data or to update/supplement data in the case of their change. Suppose the Buyer provides personal data of third parties to use it at the Online Store. In that case, the Customer should assume responsibility for the lawfulness of the provision and use of such data.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1  The Seller allows the Customer to use the Online Store services set out in these General Terms and conditions.

4.2  If the Customer paid for the purchase but provided incorrect contact and delivery information, the Seller has the right to cancel the order and return the purchased amount to the Customer.

4.3  The Seller must provide the item delivery by the Customer's method within purchasing.

4.4  In cases where the Seller cannot deliver the goods ordered from the Online Store due to unforeseen reasons related to suppliers or the goods being out of stock, the Seller has the right to terminate the sale and purchase contract by giving the Customer notice. In such case, the Seller may offer the Customer another item of the same or higher quality, informing the Customer. The Seller can use one of the contact details provided by the Customer. If the Customer refuses to replace the purchased product with the product offered by the Seller, the Seller must refund the purchase cost. The Seller must provide the refund the same way that the Customer chooses within purchasing. The refund should accomplish refunded within 10 (ten) working days. Suppose within 3 (three) working days from the offer submission, and the Customer confirms his/her consent to change the product to the product offered by the Seller. In that case, the Seller must pay the resulting price difference if the item price is lower than the previous item. If the Seller cannot offer the Customer a similar item of the same or higher quality, the Seller has the right to adjust the list of ordered goods by removing the goods that cannot deliver. The Seller must refund the rest of the unavailable items from the order with the Customer's notice.

4.5  The Seller has the right to amend the General Terms and conditions of Online Store services, make changes in the goods price policy, and update or remove the goods information. The General Terms and current prices are valid at the moment of the transaction procedure.

4.6  The Seller has the right to cancel the Customer’s order if the item price or quantity does not correspond to the actual state of things due to unforeseen conditions such as technical reasons.

4.7  The Seller has the right to deactivate the Customer’s account due to clause 3.1.7 of these General Terms and conditions.

5. PRICES

5.1  All prices displayed in the Online Store are in euros, including VAT.

5.2  The goods’ prices, discounts, and offers may differ from the physical store's assortment, prices, and discounts. 

5.3  When placing the order, the goods' price specified on the Online Store should be final and binding on both the Buyer and the Seller except for cases of apparent mistakes. Suppose the Seller finds out that the good's price ordered by the Buyer is incorrect. In that case, the Seller must notify the Customer about this issue as soon as possible so that the Customer can either confirm the order with the correct price or cancel the order. If the Seller cannot contact the Customer, the Seller must cancel the order and refund all the amounts paid by the Buyer. Prices shall be subject to change at any time. However, these changes shall not affect orders for which the Seller has sent order confirmations for the circumstances referred to above.

5.4 The price can be increased at the Checkout procedure by the goods' delivery charges which depend on the selected delivery method.

6. PURCHASING 

6.1  The Customer can order or buy the goods by one of the following methods:

  • by registering on the Online Store and creating an Account. The Customer should provide all required information for the registration. 
  • Without registering, but providing all required information for the delivery.

6.2  To place the order, the Customer should proceed to the Shopping bag and follow the checkout procedure. As soon as the Customer fulfills the required information about the delivery and payment methods, he/she confirms the order by clicking “Confirm & Pay.”

6.3  The Online Store sends the order confirmation letter as soon as the payment is made. 

6.4  When placing an order, the Customer undertakes to provide the actual data necessary for fulfilling the order. 

6.5  The seller is not responsible for the impossibility of order execution or any outgoing consequences due to the Customer's incorrect data during the ordering process.

7. PAYMENT METHODS

7.1  The goods should be paid directly by a payment card (Visa, Mastercard), by e-banking with the Customer's bank authorization (bank link), and by PayPal and ApplePay.

7.2 To pay for goods or services on the Online Store, the Customer can select a bank from the checkout list through which he/she wants to make a payment. The client must enter their login details and log in to the bank in the payment window that opens. 

Having checked if the information about the initiated payment has been entered correctly, the Customer confirms it. The Customer is notified about a successful payment by a message in the payment window and automatically redirected to the Online Store.

7.3  The Customer's data is used to execute the payment and transfer to the Customer’s bank only through a secure channel protected with the SSL certificate. Thus, the Customer’s login details to the e-banking and confirmation of payment orders and codes of account information requests (authorization) remain safe and cannot be taken over by third persons.

7.4  In the case of a card payment method (Visa, Mastercard), the payment occurs inside the Online Store environment. The Customer will be asked to verify his/her identity with a push notification or another method chosen by the Customer’s bank.

The payment is verified with 3D Secure and is protected from being disputed for Fraud. 

7.5  Payment cards should be checked and authorized by the card issuer. However, the Seller shall not be liable for any delay or delivery failure if the card is not approved.

8. GIFT CARD

8.1  The Customer can buy and use digital and physical gift cards on the Online Store.

8.2  The gift card can be used by adding a gift card code consisting of letters and numbers in the Promo code field in the Shopping Cart.

8.3  In case of refund, partially paid with the Gift Card. The Seller will return the Gift card to the Customer's email with the exact gift card cost. 

8.4  The Gift card is not the subject of the loyalty system. It means paid costs for gift cards are not summarized with the Customer’s tiers.

9. LOYALTY PROGRAM

9.1  The loyalty system is based on the tier-level system. Each tier level has its bonuses (privileges) for the Customer.

9.2  The Customer can get his/her tier level by summarizing the total purchases within the year. At the beginning of the following purchasing year, the Customer’s tier doesn’t remain the same. The Customer gets tier level 01, not depending on the previous tier level.

9.3  If a personal tier customer discount was used during the purchase and refunded. Then the Seller will refund the money for the purchase to the Customer, taking his/her discount into account. But at the same time, this purchase amount will be deducted from his tier level.

10. DELIVERY METHODS

10.1  During purchasing on the Online Store, the Customer should choose the delivery method and provide the accurate delivery information.

10.2 The Customer can choose the following delivery methods:

  • Pick-up at the Physical Store
  • Delivery by courier
  • Pick-up point delivery

10.3  The estimated delivery term and charges should be specified on the Checkout procedure and should be subject to change.

10.4  The delivery rates vary depending on the selected delivery method and delivery destination. The Customer can check these rates in the section Shipping policy.

10.5  The Seller is not responsible for the delivery term if the delivery of the goods has failed or is delayed due to the Customer’s fault or for reasons beyond the Seller's control.

10.6  If the Customer cannot collect the goods himself/herself and the goods have been delivered to the specified address according to other details provided by the Customer. The Customer hasn't the right to claim if the goods have been delivered to the wrong recipient.

10.7  Upon receipt of the goods, the Customer must check the condition of the packaging (check the outer packaging for damage) and sign the acceptance certificate of the order. When the Customer signs the order acceptance certificate, it is considered that the order has been issued and delivered in proper condition. If the Customer notices any damage to the package (crumpled, wet, or other damages), the Customer must indicate this in the order acceptance certificate. Suppose the Buyer does not make these actions. In that case, the Seller is not liable for goods' damage and the delivery of an incomplete order if such discrepancy is defined by a visual inspection of the goods.

10.8 All goods' features are in the product page description on the Online Store. The Seller is not responsible for the discrepancy between the color, shape, or other features of the goods with the actual size, color, and shape due to the Customer's monitor.

11. PRIVACY POLICY

11.1  The Customer gives the Seller explicit and informed consent to processing his/her data.

11.2  The Seller can use known the Customer's data to provide services and offers of the Online Store to the Customer. The Seller has the right to keep this data in the Customers' database.

11.3  The Seller retains the contact details and purchases information provided by the Customer. This information is confidential and processed under the Personal Data Protection Act. Personal data necessary for sending the goods to the Customer will be forwarded to the delivery service company. 

12. FINAL PROVISIONS

12.1  The Seller and the Customer are liable to each other for damage caused to one of the parties by violating these General Terms of services under the current legislation of the Republic of Estonia.

12.2  The Seller has the right to amend and supplement these Terms and Conditions and other documents related to the Online Store. Any amendments and additions to the Terms and Conditions will affect from the date of publishing them on the Online Store. If the Customer disagrees with the new version of the Terms and Conditions, the Customer has the right to renounce the amendments and additions. However, in such a case, the Customer will not have the right to use the Online Store. The current version of the Terms and Conditions is applied when placing the order.

12.3  The purchase contract between the Seller and the Customer enters into force upon receipt of the purchase amount payable to the Seller's current account.

12.4  Any disputes between the Buyer and the Seller can be solved through negotiations.

12.5  If the Seller has refused to resolve the Consumer's complaint or the Consumer disagrees with the solution proposed by the Seller and finds that his/her rights and interests have been violated. In that case, the Consumer may submit a complaint to the Consumer Complaints Commission through the Consumer Protection and Technical Surveillance Authority or to a court. Contacting the Commission is free of charge for the Consumer, and the value of the transaction must be more than 20 euros. The Consumer may complain himself or through a representative. The Committee of the Consumer Protection and Technical Surveillance Authority's data are available on the Consumer Protection and Technical Surveillance Authority website. To solve problems arising in the Member States of the European Union, the Customer may contact the European Union Consumer Advice Center.

13. CUSTOMER SUPPORT

Customer support is available from 10 am to 8 pm on working days in online chat. The Customer can apply an issue interested to him/her by fulfilling the contact form in the “Contact us” section or sending a request to the email address: info@beigebrown.com.