TERMS AND CONDITIONS OF SALE
1. The validity of the conditions
1.1 These conditions apply to any person (hereafter referred to as ‘Consumer’) and any legal relations upon making purchases at the Staapli 3 Art Gallery OÜ web-based Sales Environment (hereafter ‘Sales Environment’) operated by the trader Staapli 3 Art Gallery OÜ (hereafter ‘Trader’).
1.2 In addition to these Terms and Conditions, legal relationships arising from the purchase of art and design objects (hereafter ‘Products’) from the Sales Environment are regulated by the Law of Obligations Act (LOA), the Consumer Protection Act (CPA) and other legislation applicable in the Republic of Estonia.
1.3 The Trader reserves the right to make changes in the Terms and Conditions and in the sales prices of the Sales Environment. The Consumer will be informed about these changes on the web-page www.staapliart.ee.
1.4. The Trader has the right to withdraw from the sales agreement and not to deliver the ordered Product or provide the services in the following cases:
1.4.1 The Product has been sold before the Trader has received payment for the Product from the Sales Environment or the Product is no longer available for other reasons;
1.4.2 The Product price or information has been displayed incorrectly in the Sales Environment due to a system error.
1.5 If the Trader is unable to deliver the ordered Product or provide the promised services, the Consumer will be notified via e-mail or phone, and if the Consumer has already paid for the order by that moment, the order sum will be transferred back to the Consumer.
2. Price information
2.1 All prices in the Sales Environment are valid in EUROs and include VAT and other local and national taxes.
2.2 The prices are valid from the date of placing an order until the expiry of the payment date of the order.
2.4 If the Consumer has made payment for the Product, but Trader cannot fulfill the order of the requested Product, payment will be returned in full to the Consumer.
3. Organising a viewing
3.1 Before purchasing the Product, a viewing can be organised at the Staapli 3 Art Gallery during opening hours.
4. Shopping cart and placing an order
4.1 Add the Product to your shopping cart.
4.2 Our Products are delivered by courier. With reference to the delivery, the Sales Environment may ask additional information about the delivery destination and the details of the contact person.
4.3 After the delivery option, the payment options are shown. Choose the payment option that is most suitable for you – you can pay with bank links, credit card payments or buy now and pay later option.
4.4 Payments can be made via bank links: Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay.
4.5 Personal data is processed and stored by Staapli 3 Art Gallery OÜ, who is the controller of the personal data and any information information necessary to process payments will be forwarded to Maksekeskus AS.
4.6 Fill in the fields related to placing the order carefully as the accuracy and correctness of the data submitted affects the fast and smooth delivery of your purchases and the subsequent settlement of potential disputes and complaints.
4.7 Confirm the shopping cart and place the order by clicking on the link ‘proceed to pay’ if you wish to pay for the order immediately via a bank link.
4.8 Before placing the order, the Consumer is obliged to read the Terms and Conditions of the Sales Environment and confirm that they agree to the Terms and Conditions.
4.9 After placing an order, the Consumer who is not previously registered as a user of the Sales Environment will be registered as one and they will be sent a username and password. This will enable them to access the ‘My Gallery’ section of the Sales Environment, which includes all Products that have been purchased by this Consumer. If the Consumer is already registered as a user of the Sales Environment, we recommend to log in to the Sales Environment before making a purchase so that the purchased artworks could be added to this their ‘My Gallery’ section.
4.10 Orders placed via the Sales Environment are processed on workdays from 10.00am to 5.00pm.
4.11 The sales agreement is considered final when payment has been received by the Trader.
5.1. After the finalization of the agreement as determined in paragraph 4.10 the Products will be delivered to the place determined by the Consumer.
5.2. The Products are delivered within Estonia by courier and the maximum delivery time is up to 7 working days. In case of deliveries that take longer, the Trader will contact the Consumer as soon as possible for updated delivery information.
5.3. If the Consumer chose delivery by courier and the order has been handed over to the courier company, the courier company will contact the Consumer within the delivery time stated in paragraph 5.2 to agree on exact delivery time.
5.4. The courier will deliver the Products to the address stated in the order. It is not possible to change it after the order has been placed.
5.5. Please double check that your contact information is correct to avoid misunderstandings and delay of delivery. The Trader and the courier company are not responsible for any delays in delivery and misunderstandings that are caused by incorrect contact information presented by the Consumer.
6. Cancellation of the order and returning a Product meeting the standards
6.1 The Consumer has the right to cancel the order after making the payment but before the delivery by sending a corresponding message with the order number and the Consumer’s bank account information to firstname.lastname@example.org. The Trader will return the sum paid by the Consumer to the Consumer’s bank account latest within 14 days from receiving the Consumer’s cancellation message to email@example.com
6.2 After the receipt of the Product, the Consumer has 14 days to decide if they are satisfied with the product. If they decide during this period that the Product does not meet their needs, they can return it, excluding in the case of a situation determined in paragraph 7.2.
6.3 In case of cancellation of the order as determined in paragraph 6.1 or paragraph 6.2, the sum paid by the Consumer will be returned to them. From this sum, the Trader has the right to deduct the cost of returning the Product in the amount of up to 15 EUR (additional costs may apply if Product is return. The Trader will return the sum paid by the Consumer, from which the cost of returning the product has been deducted, to the Consumer’s bank account latest within 14 days from receiving the Consumer’s cancellation message to firstname.lastname@example.org on the condition that the the ordered Product(s) have been returned.
6.4 In case of returning the Product as stated in paragraph 6.2, the Product will be replaced with a different Product or with a gift card in the same value as the Product sales price. Transportation costs are not subject to repayment.
7. Returning of Products that do not meet standards
7.1 If the Product does not meet the requirements or has other shortcomings, the Consumer has the right to request replacement of the Product or cancel the order and return the defective Product to the Trader.
7.2 The Trader does not assume liability for defects that arose through the Consumer’s fault, either due to improper storage, maintenance or non-intended use. In such cases, the Products cannot be returned.
7.3 In order to return Products, the consumer has to submit a request for withdrawal from the purchase of Products by sending this to the e-mail address email@example.com no later than within 14 days from the receipt of the Product.
7.4 The Consumers have to return the Product within 14 days following the submission of the request for withdrawal or provide evidence that they have given the Product to the logistics company for returning them to the Trader within the mentioned period.
7.5 The Consumer does not have to return Products via the logistics company if the Trader has agreed to pick up the Products itself.
8. Responsibility and force majeure
8.1 The Trader and the Consumer take mutual responsibility for damage caused to the other party by violating these Terms and Conditions as determined by the legislation of the Republic of Estonia.
8.2 The Trader is not liable for the damage caused to the Consumer or for delivery delays if the damage or delay is caused by circumstances that the Trader could not foresee or control (force majeure).
9. Processing of personal data
9.1 By entering their data at the Sales Environment, the Consumer agrees with the collection and processing of their personal data (name, phone number, delivery and/or home or office address, e-mail address) and the transfer of their personal data to the logistics partners for the delivery of Products.
9.2 The Sales Environment has the right to use the Consumer’s residence or other address for advertisements and other information to be sent to the Consumer.
9.3 The Consumer has the right to forbid the collection and use of their personal data at any time, except where this is necessary for the collection of a contractual claim or for the delivery of Products.
9.4 Electronic personal data are used for direct mail only if the Consumer has given a separate consent for this on the Staapli 3 Art Gallery OÜ website.
9.5 Encrypted communication with banks during the payment ensures the security of the Consumer’s personal bank details and makes them inaccessible for the Trader.
10. Further use of the Products and Intellectual Property Rights
10.1 In further use of the artwork and photos made from this artwork, the Consumer is obliged to follow the Copyright Act of the Republic of Estonia. It is generally not allowed to use artworks and photos made from the artworks for commercial purposes without prior consent of the author and without paying a fee for such use of the artworks.
11. Other conditions
11.1 Product photos are illustrative in the Sales Environment.
11.2 Disputes between the Consumer and the Trader on the matters related to the Sales Environment will be settled by negotiations. In case agreement is not reached, the Consumer has the right to turn to the Consumer Protection Board or Tallinn City Court. Disputes are solved according to the legislation of the Republic of Estonia.