Pandayama OÜ, registration number 16418948, legal address at Võidu tn 53-58, 44313 Rakvere, and the Client, who places an order, pays for services or goods, and identifies their personal data on the website https://Pandayama.ee/ (hereinafter referred to as “Pandayama” or “Website”) or by other means, agree to the following terms and conditions (hereinafter referred to as the “General Terms”):
Definitions
The owner of the website https://Pandayama.ee/ is the company Pandayama OÜ (hereinafter “Pandayama”), registration number 16418948, legal address at Võidu tn 53-58, 44313 Rakvere, email address info@pandayama.ee.
“Client” – a natural person of at least 18 years of age who has agreed to these General Terms or a minor natural person whose legal representative has consented to these General Terms and who has agreed to these General Terms.
“Order” – the Client’s intention to use Pandayama’s services or purchase goods, expressed by submitting an electronic inquiry in the form established on the Website, sending an email to info@pandayama.ee, or by completing the necessary form on the Website.
“Ordering Goods” – ordering goods from the selection presented on the website https://pandayama.ee/.
General Terms
2.1. The sales conditions apply to the purchase of goods and services from the Pandayama online store between the buyer (hereinafter “Client”) and Pandayama OÜ (hereinafter Pandayama online store).
2.2. In addition to these sales conditions, the legal relations related to the purchase of goods from the Pandayama online store are governed by the Law of Obligations Act, the Consumer Protection Act, and other laws applicable in the Republic of Estonia.
2.3. Pandayama online store reserves the right to make changes to these terms of use at any time. These changes will be published on the website https://Pandayama.ee/. The terms and conditions in force at the time of the transaction apply.
2.4. The Client has the right to save, print, and if necessary, reproduce the sales conditions.
2.5. Pandayama has the right to organize campaigns, the conditions of which do not qualify as changes to the general conditions or apply to contracts or other agreements already concluded.
2.6. The Client is considered to have familiarized themselves with and agreed to the General Terms if the Client submits an Order, pays for the Service or Goods, or agrees to Pandayama’s offer to provide the Service or purchase the Goods.
2.7. Failure to make timely payment (partial payment), exceed the deadline for submitting the Order, or providing false information shall not be considered acceptance of these General Terms, and no legal relations shall arise between the parties. The conditions of this point do not apply to the services or goods offered by Pandayama for which the Client pays according to the terms of a campaign/special offer organized by Pandayama.
Price Information
3.1. The prices of all goods sold in the online store are indicated in euros and include the applicable value-added tax.
3.2. When purchasing goods, the Client pays the full price of the goods and the delivery cost in advance.
3.3. Delivery is made via Omniva post office.
3.4. Prices are valid from the beginning of the Order until 24 hours after the end of the Order.
3.5. If the Order is placed before the amendment of the sales conditions or prices, the conditions valid at the time of placing the Order apply.
3.6. Pandayama online store reserves the right to change prices. These changes will be reflected on the Pandayama website.
Placing an Order
4.1. The Client selects the necessary goods from the online store and adds them to the shopping cart.
4.2. To confirm the Order, click on the “Place Order” button in the shopping cart.
4.3. Then choose whether you want to place a single order or make a purchase as a regular customer.
4.4. On the order confirmation page, fill in the required fields, choose the appropriate delivery method, and click on the “Place Order” button. An invoice will be displayed. After confirming the Order, payment instructions will be displayed on the screen.
4.5. Fill in the information and confirmation fields on the information and order confirmation page carefully, as the timely and smooth delivery of purchased goods depends on the accuracy of the information provided, as well as possible disputes and complaints for further resolution.
4.6. An invoice for order confirmation will be sent to the Client’s email address provided during shopping cart confirmation.
4.7. Orders placed in the online store are processed on business days (i.e., Monday to Friday, excluding public holidays) from 10:00 to 20:00. If the Order is placed on the last business day of the week after 14:00, it will be processed on the next business day.
Purchase-Sale Agreement
5.1. The Pandayama online store undertakes to deliver the ordered goods to the Client and make them available to the Client, and the Client undertakes to pay for the goods sent from the Pandayama online store according to the invoice.
5.2. Unpaid orders will be canceled within 24 hours of placing the order.
5.3. The purchase-sale agreement enters into force at the moment when the Client’s payment is received in the Pandayama online store’s bank account.
Delivery
6.1. After the purchase-sale agreement enters into force, the Pandayama online store prepares the Order and forwards it to its logistics partners for delivery to the Client.
6.2. Our logistics partner is Omniva.
6.3. Delivery is only available in Estonia.
6.4. All available goods are delivered within 3-6 working days in Estonia.
6.5. The delivery time is indicated on the Website and is valid from the moment of receipt of payment.
6.6. To ensure quick delivery of the goods, make sure that complete, accurate, and correct information is provided when placing the Order.
6.7. The Pandayama online store is not responsible for the delivery of goods if the goods have been timely delivered to the logistics partners, but the delivery is delayed due to circumstances that the Pandayama online store cannot change, foresee, or influence.
Withdrawal from the Contract and Return of Goods
7.1. After receiving the Order, the Client has the right to withdraw from the contract within 14 days without giving a reason (depending on the nature of the goods or services, the consumer may not have the right of withdrawal; in this case, the corresponding goods and services must be listed and must meet the requirements of § 53 (4) of the Law of Obligations Act).
7.2. If the item deteriorates, the Client is only responsible for the decrease in value of the item resulting from the use of the item, if the Client has used the item in a way other than necessary to ascertain the nature, characteristics, and functioning of the item. To ascertain the nature, characteristics, and functioning of the item, the Client must handle and use the item only as is normally done
in the store, and in accordance with the user manual.
7.3. In the event of withdrawal from the purchase contract, a corresponding statement must be sent to the email address info@Pandayama.ee. The statement must contain the following information:
returned goods;
Order number and the bank to which the money will be refunded. The amount paid for the goods (excluding the delivery fee) will be refunded to the Client’s account no later than 30 days after the seller has received the Client’s notice of withdrawal from the contract and refund, provided that the Client has complied with the conditions of this point.
7.4. The Client must return the goods to the seller within 14 days after submitting the withdrawal statement or prove that the goods have been handed over to the logistics company for return to the seller during that time.
7.5. The Client is not required to return the goods through a logistics company if the Pandayama online store has agreed to accept the goods from the Client itself.
Force Majeure
8.1. The parties shall be released from liability for partial or complete non-fulfillment of contractual obligations if such non-fulfillment is due to force majeure occurring after the agreement on the General Terms, extraordinary circumstances that the parties could not foresee or prevent, namely: fire, natural disaster, pandemic, war or other acts of war, civil or public disturbances, transport blockade, acts adopted by authorities preventing the fulfillment of the General Terms, and other circumstances beyond the reasonable control of the parties, including disruptions in telecommunications and power networks.
8.2. In the event of force majeure, the affected party must notify the other party in writing of the occurrence of such circumstances immediately, i.e., within 3 (three) working days, providing a document issued by the competent state authorities specifying their expected duration and termination.
8.3. In case of force majeure circumstances, the deadline for the performance of obligations arising from the General Terms shall be extended according to these circumstances and their consequences. If force majeure circumstances last longer than 3 (three) consecutive months, both parties have the right to unilaterally terminate the existing purchase-sale agreement.
Liability
9.1. The Pandayama online store is liable for non-conformity of the sold goods or defects to the Client under the conditions specified in the contract for a maximum of two years from the date of delivery.
9.2. The Client has the right to contact the Pandayama online store no later than two months after discovering a defect, by submitting an invoice for the payment made for the goods.
9.3. Upon discovering a defect in the purchased goods, the Client is obliged to discontinue the use of the goods and ensure their preservation.
9.4. The repair or replacement of defective goods is coordinated between the Pandayama online store and the Client. The costs of repair are covered by the Pandayama online store.
9.5. The Pandayama online store is not liable for defects in goods arising from incorrect, inappropriate, or abnormal storage or use of the goods by the Client.
9.6. In the event of non-conformity or defects in goods, the Client must contact the seller by sending a notice specifying the Client’s name, contact phone number, Order number, and a precise description of the non-conformity or defects of the purchased goods.
9.7. Complaints about non-conformity or defects in goods must be submitted within two months of discovering the non-conformity or defect.
9.8. All complaints will be processed, and the Client will be contacted as soon as possible, but no later than 15 days from the receipt of the complaint.
9.9. The Client has the right to demand a reduction in the purchase price of the goods or withdrawal from the purchase-sale agreement with the Pandayama online store and a refund of the amount paid for the purchased goods if the Pandayama online store cannot repair or replace the purchased goods, if the repair or replacement of the purchased goods is not possible, or if the Pandayama online store has not rectified the defect of the goods within a reasonable time.
APPLICABLE LEGISLATION AND DISPUTE RESOLUTION
10.1. Estonian legislation applies to these General Terms and the legal relations between the Parties.
10.2. If the Client has claims against Pandayama, these must be submitted to the email address info@Pandayama.ee.
10.3. The deadline for submitting disputes is mandatory. The deadline for responding to a claim/complaint is 15 days from the date of receipt.
10.4. Disputes between the Client and Pandayama shall be resolved through negotiations between the Parties. If the Client and Pandayama fail to reach an agreement on the dispute, the Client may refer the dispute to the Consumer Protection and Technical Regulatory Authority (Endla 10a, 10142 Tallinn, https://www.ttja.ee/) and the Consumer Disputes Committee (Endla 10a, 10142 Tallinn, http://www.komisjon.ee) for out-of-court settlement or bring the matter to court. In addition, all customers have access to the European Union’s online platform for the resolution of disputes with e-traders, i.e., the ODR platform (Online Dispute Resolution), available at http://ec.europa.eu/odr.
10.5. If negotiations and/or the Consumer Disputes Committee fail to resolve the dispute, the dispute shall be settled and reviewed in accordance with the legislation of the Republic of Estonia in the Harju or Pärnu County Court.
