TERMS & CONDITIONS

1. General terms and conditions
1.1. Luxsmile e-store is selling the products owned by EcoPro Group OÜ.
1.2. These terms and conditions shall apply to the legal relationships arising between the customer (hereinafter the Customer) and Luxsmile (hereinafter the Seller), the owner of the purchasing environment available on the website www.Luxsmile.eu (hereinafter the E-store) in connection with purchasing of the Products from the E-store. In addition to these terms and conditions, the legal relationships arising from purchasing of the Products from the E-store shall also be governed by the acts of law applicable in the Republic of Estonia.
1.3. The Seller shall have the right to make amendments to the terms and conditions of use of the E-store and change the prices of the Products and services. The Seller shall announce any amendments or changes on the website www.Luxsmile.eu. The terms and conditions as well as prices in force at the time of concluding a transaction shall be applied to the transaction.

2. Prices

2.1. All prices displayed in the E-store are in Euros and are inclusive of value added tax.

3. Products
3.1. As a rule, the Products displayed in the E-store are available in the warehouse/at the Seller’s stores. The availability of the above mentioned Products cannot be guaranteed as it may be misleading due to potential technical software problems.
3.2. If the Customer places an order but the Seller does not hold the product ordered, the E-store is unable to fulfill the order. In such cases, the amount of the purchase price shall be immediately refunded to the Customer as soon as the unavailability of the product becomes known.
3.3. The photos of the Products displayed in the E-store are illustrative and may unintentionally slightly differ from the actual appearance of the Products.


4. Purchasing
4.1. The Customer shall select a desired Product in the E-store and add it to the Shopping Cart by clicking on the button “Add to Card”.

4.2. To place the order, the Customer shall proceed to the Shopping Cart page: having selected shopping cart from the menu bar, click on the button “Checkout”, after which the Customer shall be redirected to the page for placing the order.
4.3. Having entered the required information and checked the accuracy of given information, the Customer shall confirm the order by clicking “Confirm & pay”. This operation shall confirm the order and the order shall be sent to the Seller.
4.4. The Customer shall immediately pay for the Product through a link to an online bank and confirm the payment to the Seller by clicking on the button “Return to the merchant”.
4.5. When the Product has been paid for, the E-store shall send an order confirmation to the Customer’s e-mail address.
4.6. Upon placing an order, the Customer shall enter correct information required for fulfilling the order.
4.7. The Seller shall not be liable for inability to fulfil an order due to incorrect information entered by the Customer upon placing an order or any consequences arising therefrom.


5. Payment methods

5.1. Orders can be paid for securely by using links to Estonian banks in EUR.

5.2. Payments are made outside of the E-store environment, in the safe payment environment of the service provider Maksekeskus AS in EUR.

5.3. The Seller shall have no access to the Customer’s bank details or credit card details.

6. Delivery

6.1. The Customer can choose between various methods for delivery of the Product. The delivery time of the Product depends on the postal service selected by the Customer.
6.2. In the case of selecting Omniva parcel terminal as the delivery method, the Product shall arrive at the parcel terminal selected by the Customer within 5 working days after the date on which the order confirmation is sent to the Customer’s e-mail address.
The Customer shall be notified of arrival of the Product at the parcel terminal by SMS, which shall include the code for opening the door, the location of the parcel terminal, the return code and the final date of the storage period. The terminals are open 24/7. The Product shall be stored in the parcel terminal for 7 calendar days. After expiry of the above mentioned period, the Product shall be returned to the E-store. In the event of the Customer’s failure to pick up the Product within the above mentioned period, the Customer shall be required to cover the expenses related to repeated delivery of the Product.

POST OFFICE
The products arrive at the post office in Estonia within 1–5 working days after receiving the order confirmation. When the product has arrived at the post office, you receive a text message or a letter with information about the post office where you can collect your order. 


The products arrive at the post office of your EU country within 1–2 weeks. 

 
7.3. The Customer shall store the SMS specified in article 7.2 until the end of the 14-day return period. If necessary, the Customer can replace or return the Product by using the return code provided in the SMS.

7.4. If an order is placed by the Customer during a weekend (between 1:00 p.m. on Friday and 9:00 a.m. on Monday) or on a public holiday, the period of 5 working days shall commence at 9:00 a.m. on the first working day after the weekend or public holiday.

7.5. Prior to placing an order, the Customer shall check the accuracy of the contact details entered to prevent any delays or misunderstandings in delivery of the Product. The Seller shall not be held liable for any delays or misunderstandings arising in the course of delivery of the Product if the delay or misunderstanding is caused by inaccurate or incorrect details entered by the Customer upon placing the order.

7.6. In the event of the Product failing to reach the Customer in a good condition and in a closed package, the Customer shall notify the E-store by sending an e-mail to the address Luxsmileinfo@gmail.com.
7.9. If the desired Product is only available on order from a foreign country, a 7-Euro added charge for an international order shall be added to the price. Respective information shall be displayed in the Shopping Cart next to the respective Product.

8. Returning and replacement of orders

8.1. The Customer shall have the right to withdraw from the order without providing a reason within 14 days and have the Product/Products ordered replaced or return the Product/Products. This 14-day period shall commence at the moment when the Customer receives the order.
8.2. In order to return a Product, the Customer shall submit an application ( Free-form) for withdrawing from the purchase within 14 days after receiving the Product. There are 3 possibilities to do that:
· Add filled in return form inside returned pack together with returned Products
· Sending unambiguous application by e-mail to Luxsmileinfo@gmail.com
· By filling in a standard form for returns on the Company’s website and sending the form to the address Luxsmileinfo@gmail.com
Replacements or returns shall only be accepted with a filled-in returning form.
8.3. The Customer shall return the goods within 14 days after submitting the application or submit a document confirming handing over of the goods to a logistics company within the above mentioned period. The merchant shall have the right to withhold any refunds until the item, which constitutes the object of the Contract, has been received or until the Customer has submitted evidence certifying returning of the item, depending on which occurs first.
8.4. Replaced or returned Products may not be damaged; the Product shall be returned in original packaging with all original labels attached to the Product. If the condition of a returned item has deteriorated, the Customer shall only be held liable for a decline in the value of the item. In order to verify the nature, features or functionality of an item, the 

8.5. The Customer shall always open a Product’s packaging carefully, without causing any damage. If packaging cannot be opened without damaging the packaging, the Customer shall not be required to return the Product in the original packaging.
8.6. The returned Product shall reach the E-store within 5 working days. The E-store shall e-mail a confirmation confirming receipt of the returned Product to the Customer’s e-mail address.

8.7. If the Customer has selected Omniva parcel terminal as the delivery method, the Product can be replaced or returned through the Omniva parcel terminal by using the return code included in the initial SMS. Instructions about returning parcels through the parcel terminal are available at https://www.omniva.ee/teenused/demo/. Returning goods by using a return code is free of charge and the return shall reach the E-store within 3 working days. The E-store shall e-mail a confirmation confirming receipt of the returned Product to the Customer’s e-mail address.
8.8. The Seller shall refund the purchase price to the Customer within 14 days after the date on which the application for returning the Product is received. The refund shall be transferred to the same bank account which was used by the Customer to pay for the returned Order.

8.9. If an Order is returned fully, the Seller shall refund to the Customer the whole amount received based on the Contract, including the delivery cost paid by the Customer. If an Order is returned partially and a delivery cost was added to the cost of the Order, the Seller may refund the delivery cost in proportion to the number of products returned.
8.10. The refund shall be received on the Customer’s bank account on the following banking day at the latest. If the Order was paid for by credit card, arrival of the refund shall depend on the terms and conditions of the Customer’s bank.

10. Liability

10.1. The Seller and the Customer shall be liable in front of one another for any damage caused to the other Party by violation of these terms and conditions in the cases and in the extent provided for in the legislation of the Republic of Estonia.

10.2. The Seller’s liability shall be limited to the purchase price of the Product.
10.3. The Customer shall only use the service of the E-store for purposes which are in conformity with the law and good practice.

11. Privacy policy
11.1. The Customer shall grant the Seller explicit and informed consent for processing the Customer’s personal data.
11.2. Any personal data disclosed to the Seller shall be entered into the customer register and used for providing the sales service and for offering goods to the Customer.
11.3 The Seller shall store the Customer’s contact details entered by the Customer in the course of making purchases and information about the purchases made. This information shall be treated as confidential and processed in conformity with the Personal Data Protection Act. The personal data which are required for delivery of the Products to the Customer shall be disclosed to the company providing the courier service.
11.4. The Seller may only use the Customer’s personal data for sending special offers and information about campaigns to the Customer by e-mail and only with the Customer’s consent.
11.5. The data communication between the Customer and banks and the Card Centre of Banks is encrypted, which ensures security of the Customer’s personal data and bank details.
Payments are made outside of the environment of the E-store, in the secure payment environment of the selected bank or service provider. The E-store shall not have access to the Customer’s bank details or credit card details. 

The personal data shall be processed by EcoPro Group OÜ.

12. Terms and conditions of use and amendment thereof

12.1. By registering with the E-store or purchasing Products, the Customer shall consent to the terms and conditions of use of the E-store and shall undertake to follow the terms and conditions.

12.2. The sales contract between the Seller and the Customer shall become valid from the moment of receipt of the purchase price on the Seller’s bank account.

12.3. The Seller shall have the right to make amendments to the terms and conditions of use of the E-store and the prices of the Products. Notices concerning such amendments shall be published in the E-store environment. The terms and conditions and prices valid at the time of concluding a transaction shall apply to the transactions.

12.4. The Seller shall have the right to withdraw from fulfilling an order if the price of a Product displayed in the E-store at the time of placing the order was incorrect due to a technical error.

13. Other terms and conditions

13.1. Any disputes between the Customer and the Seller shall be settled by negotiations.

13.2. If the Seller has refused to solve the Consumer’s complaint or the Consumer is not satisfied with the solutions offered by the Seller and finds that his or her rights have been violated or interests damaged, the Consumer may submit a claim to the Consumer Complaints Committee through the Consumer Protection Board or to a court. The Consumer can contact the Consumer Protection Board free of charge and the value of the transaction in question must exceed 20 Euros. The Consumer may file the claim directly or through a representative. The contact details of the Consumer Complaints Committee are provided on the website of the Consumer Protection Board; for settling of claims arising in the EU Member States, the European Consumer Centre should be contacted.