1. VALIDITY OF THE CONDITIONS OF SALES

1.1 KALAKRATT or Isabella Capital OÜ (reg. code 14791595, legal address Viilumaa, Jausa village, 92003, Hiiumaa municipality, Estonia) is a manufacturing and trading company that sells goods (hereinafter referred to as the Seller) in the online environment at www.kalakratt.ee.

1.2 For the purposes of these KALAKRATT Online Shop Terms and Conditions of Sales (hereinafter the Terms and Conditions), the term “Buyer” refers to a person who has registered as a regular customer or “guest” in the www.kalakratt.ee online environment and wishes to purchase KALAKRATT products (hereinafter the Buyer).

1.3 The Terms and Conditions set out the rights and obligations of the Buyer and the Seller, the terms and conditions of purchase and sale, payment, delivery and return of the Products and other provisions.

1.4 By making a Purchase, the Buyer agrees to the terms and conditions.

1.5 The Seller reserves the right to amend, supplement and correct the Terms at any time.

1.6 The Terms and Conditions shall remain in force until the adoption of new terms and conditions, which will be announced by the Seller on www.kalakratt.ee. The legal relationship between the Buyer and the Seller shall be governed by the terms and conditions in force at the time of purchase by the Buyer.

1.7 The Terms and Conditions are available on the KALAKRATT website www.kalakratt.ee.

1.8 The Seller’s customer service contact details are: e-mail: info@kalakratt.ee. The Seller’s customer service is open Mon-Fri 9.00-17.00.

 

2. PRICES

2.1 The images accompanying the descriptions of the Products are for illustrative purposes only and the appearance of the Product may not correspond 100% to the image.

2.2. The shelf life of the products is indicated on the packaging.

2.3 Storage temperatures, information on the composition and nutritional values of the products and information on sales areas can be found on the website www.kalakratt.ee.

2.3 The sales prices and unit prices of the Products are indicated in euros in the KALAKRATT online environment and in the orders. All sales prices include 22% VAT.

2.4 The sales prices for the Products are those published in the KALAKRATT online environment at the time of purchase.

2.5 If the ordered product is out of stock, the order for this product will be cancelled and the money will be returned to the Buyer’s bank account within 7 working days at the latest.

2.6 The price of the Products ordered shall be subject to the following transport charges:

2.6.1. Delivery to the address specified by the Buyer – 3.00€ including VAT.

2.6.2. If the total value of the Order is at least 60.00€ (including VAT), there is no transport fee. The transport charge (if applicable) will be indicated separately before payment for the Order.

 

3. MAKING A PURCHASE

3.1 In order to make a purchase, an order must be submitted in the KALAKRATT online environment.

3.2 In order to place an order, you must add the appropriate products to your shopping cart and click on the “Go to checkout” button.

3.4 The Buyer must choose whether to log in, register as a loyal customer or place an order as a guest.

3.5 The Buyer then has to fill in the mandatory details and choose the appropriate delivery method.

3.6 In order to confirm the order, the Buyer must click on the bank account through which he/she wishes to pay for the selected products. The service of bank links is provided by Maksekeskus AS (maksekeskus.ee), an authorised service provider.

3.7 The Buyer will then be redirected to the payment environment to make the transfer. In order to finalise the order, the Buyer must click on “Back to Merchant” to return to the Seller’s online environment after payment.

3.8 After payment for the order, an order confirmation containing at least the order number will be automatically sent to the e-mail address indicated by the Buyer. By sending the Order Confirmation to the Buyer’s e-mail address, the sales contract (hereinafter referred to as the Contract) between the Buyer and the Seller shall be deemed to have been concluded.

3.9 Orders for which payment has been made by bank transfer will be executed. If the Buyer interrupts the ordering process prior to payment, the order will not be processed.

3.10 Orders placed and purchases made by a Buyer who has registered as a loyal customer can be found in the “My Orders” section of www.kalakratt.ee.

 

4. DELIVERY

4.1 The Seller delivers the Products within Estonia from Monday to Friday.

4.2 Orders will be fulfilled within 3 working days at the latest.

4.3 The Seller shall deliver the Products to the Buyer at the parcel terminal indicated in the order within 2-5 working days. The Buyer undertakes to ensure receipt of the Products.

4.4 If the Buyer does not guarantee the receipt of the products when the Seller first arrives at the Buyer’s location (parcel terminal) or the Seller is unable to deliver the ordered products to the Buyer at the agreed time due to other circumstances on the part of the Buyer, the Seller has the right not to deliver the products to the Buyer and the purchase price will not be refunded.

4.5 In the event that the Seller is unable to deliver the Products within the time period specified in the order due to circumstances attributable to the Seller, the Seller undertakes to inform the Buyer immediately using the contact details provided in the order. The Seller and the Buyer shall agree on a new delivery period. In the event that the Seller and the Buyer fail to agree on a new delivery time, the Buyer and the Seller shall consider the sales contract for the specific order to be terminated and the Seller shall reimburse the Buyer the purchase price to the bank account provided by the Buyer within 7 days from the delivery date indicated in the order.

4.6 The risk of damage to or loss of the Products shall pass to the Customer upon receipt.

 

5. CANCELLATION AND WITHDRAWAL FROM THE CONTRACT

5.1 Pursuant to the Law of Obligations Act (hereinafter: LOA), LOA § 53(4)(4), (41), (42), (5), the 14-day right of withdrawal from the Contract does not apply:

5.1.1 on delivery of an item that is deteriorating or ageing rapidly;

5.1.2 on delivery of an item in sealed packaging which is not suitable for return for health or hygiene reasons and which is opened after delivery;

 

6. COMPLAINTS

6.1 In case of a defect, the Buyer has the right to contact the Seller within 1 working day at the latest by sending an e-mail with the order number and a description of the problem to info@kalakratt.ee.

6.2 The Seller shall not be liable for defects arising after delivery of the Goods to the Buyer. (e.g. deterioration of the goods due to a breach of storage temperatures).

6.3 If the Goods purchased from the Seller have material defects in the course of manufacture which the Seller accepts, the Seller shall refund to the Buyer all fees paid under the Sales Contract.

6.4 The Seller shall respond to the complaint submitted by the Buyer in writing or in a format that can be reproduced in writing within 3 working days.

6.5 Pursuant to Section 53(4)(4) of the Law of Obligations Act (hereinafter LOA), there is no 14-day right of withdrawal for products that perish or become obsolete quickly.

6.6 Disputes arising between the Seller and the Buyer shall be settled by negotiation. In case of failure to reach an agreement, the Buyer has the right to apply to the Consumer Protection Board (Pronksi 12, Tallinn 10117, http://www.tarbijakaitseamet.ee) and the Consumer Disputes Committee (Pronksi 12, Tallinn 10117, http://www.komisjon.ee) for out-of-court settlement of the dispute or to the Harju County Court.

 

7. RESPONSIBILITY

7.1 The Seller and the Buyer shall be liable to each other for any damage caused to the other party by the breach of the Terms and Conditions in the cases and to the extent provided by the legislation in force in the Republic of Estonia.

7.2 The Buyer is responsible for the accuracy of the information provided in the registration form. If the Buyer submits false data in the registration form, the Seller shall not be liable for the consequences thereof, and the Seller shall be entitled to claim damages from the Buyer. 7.2.

7.3 The Buyer is responsible for the secure use of the username and password required to log in to the KALAKRATT online environment and shall refrain from distributing it. The Buyer undertakes to ensure that his/her username and password do not fall into the possession of third parties. In the event that the Buyer suspects that his login details have fallen into the possession of a third party, the Buyer undertakes to inform the Seller and to change his password immediately. In the event that the Buyer does not inform the Seller of the possible misuse of the data, the Seller shall not be liable for any loss or damage that the Buyer may suffer as a result of the use of login data that has been compromised by third parties.

 

8. FORCE MAJEURE

8.1 The Seller shall not be liable for any damage caused to the Buyer or any delay in delivery of the Goods if the damage or delay in delivery of the Goods is caused by circumstances beyond the Seller’s control or foreseeability(force majeure).

 

9. PROCESSING OF CUSTOMER PERSONAL DATA

9.1. The Seller uses the Buyer’s personal data for the following purposes:

– fulfilment of the order placed;

– communicating with customers;

– responding to customer queries;

– legitimate interest;

– research into consumer habits;

– compiling sales statistics;

– managing, developing and improving the services of the online shop.

9.2. Based on the data of the person who has registered as a loyal customer, the seller has the right to carry out analysis to better understand consumer expectations, to offer goods and services that meet the customer’s needs and to better target direct marketing activities. The analysis does not lead to any legally binding decisions on the Buyer.

9.3 Isabella Capital OÜ is the Seller’s data controller. The Seller has the right to transfer personal data from its cooperation partners to processors (including Maksekeskus AS, which is the processor of personal data necessary for the execution of payments) in order to provide the best service to customers. The processors are entitled to process personal data only on the basis of the instructions received from the Seller, and the processors are bound by confidentiality agreements.

9.4 If the Buyer believes that the processing of personal data by the Seller in the course of the provision of the Seller’s services violates the Buyer’s rights, the Buyer has the right to request additional information from the Seller by e-mail to info@kalakratt.ee.