ABCANIME OÜ, registry code 14041155, legal address Kärberi 28-55, 13919 Tallinn, and the Customer who places an order, pays for services or goods and identifies his/her personal data on the web portal at https://Anix-shop.com/ (hereinafter “Anix-shop” or “Website”) or otherwise, agree to the following terms and conditions (hereinafter “General Terms and Conditions”):
1. Basic Definitions
- The owner of the web portal https://Anix-shop.com/ is the company ABCANIME OÜ (hereinafter “Anix”), registry code 14041155, legal address Kärberi 28-55, 13919 Tallinn, e-mail address info@Anix-shop.com.
- “Customer” – a natural person of at least 18 years of age who has agreed to these General Terms and Conditions or a minor natural person who has the consent of his/her legal representative to agree to these General Terms and Conditions and who has agreed to these General Terms and Conditions.
- “Order” – the Customer’s intention to use Anix‘s services or purchase goods, which is expressed by sending an electronic inquiry in the form established on the Website, sending an e-mail to info@Anix-shop.com, orders@Anix-shop.com or filling in the required form on the Website.
- “Ordering Goods” – purchasing goods presented in the assortment on the Website https://Anix-shop.com/.
2. General Provisions
2.1. The terms and conditions of sale apply upon purchasing of goods and services between the buyer of the Anix-shop web store (hereinafter “Customer”) and ABCANIME OÜ (hereinafter the Anix-shop web store).
2.2. In addition to these terms and conditions of sale, the legal relations arising in connection with the purchase of goods from the Anix-shop web store are regulated by the Law of Obligations Act, the Consumer Protection Act and other legislation in force in the Republic of Estonia.
2.4. The Customer has the right to save, print and, if necessary, reproduce the terms and conditions of sale.
2.5. Anix has the right to run campaigns, the terms and conditions of which are not considered to be changes to the General Terms and Conditions and which do not apply to contracts or other agreements already concluded.
2.6. The Customer shall be deemed to have read and agreed to the General Terms and Conditions if the Customer submits an Order, pays for the Service or the Goods or agrees with Anix’s offer regarding the provision of the Service or the purchase of the Goods.
2.7. In case of failure to make timely payment (partial payment) of the cost of the Service or Goods, untimely submission of information necessary for making an Order or submission of false information when making an Order, these General Terms and Conditions shall not be deemed accepted and no legal relations shall arise between the Parties. The terms of this clause do not apply to payment for Services or Goods provided by Anix and paid for by the Customer in accordance with the terms of the campaign/special offer run by Anix.
- Price Information
3.1. The prices of all goods sold in the web store are indicated in euros and include VAT in the amount established by law.
3.2. When purchasing the goods, the Customer pays the full price of the goods and the delivery fee in advance.
3.3. Delivery takes place via Omniva or Itella SmartPOST parcel machines.
3.4. Prices are valid from the beginning of making the Order until 24 hours after finishing of making the Order.
3.5. If the Order has been submitted before the terms and conditions of sale or prices have been changed, the terms and conditions valid at the time of placing the Order shall be applied.
3.6. Anix-shop web store reserves the right to make changes in prices. These changes are reflected on the Anix-shop website.
- Placing Order
4.1. The Customer selects the necessary goods from the web store and adds them to the shopping cart.
4.2. To confirm the Order, first click on the “Place Order” button in the shopping cart.
4.3. Then choose whether you would like to place a single Order or to make a purchase as a regular customer.
4.4. Fill in the necessary fields on the order completion page, choose a suitable delivery method, and press the ‘Place Order’ button. An invoice will be displayed on the screen. Information on how to make the payment will be displayed on the screen after your order is confirmed
4.5. Fill in the fields on the information and Order confirmation page thoroughly, as the fast and unhindered delivery of the goods you have purchased depends on the accuracy of the information provided, as well as the further resolution of possible disputes and complaints.
4.6. To confirm the Order, an invoice will be sent to the Customer to the e-mail address indicated when confirming the shopping cart.
4.7. Orders submitted via the web store are processed on working days (i.e. Monday to Friday, excluding public holidays) from 10.00 to 17.00 o’clock. If the Order is submitted on the last working day of the week after 17.00 o’clock, it will be processed on the next working day.
- Purchase and Sale Agreement
5.1. Anix-shop web store is obligated to transfer the ordered goods to the Customer and make them available to the Customer, and the Customer undertakes to pay the invoice for the goods sent from the Anix-shop web store.
5.2. Unpaid Orders will be cancelled in 24 hours after the Order has been placed.
5.3. The purchase and sale agreement enters into force at the moment of receipt of the payment from the Customer to the bank account of the Anix-shop web store.
6.1. After the purchase and sale agreement has entered into force, the Anix-shop web store completes the Order and transfers it to the company’s logistics partners for delivery to the Customer.
6.2. Our logistics partners are Omniva and Itella SmartPOST.
6.3. Delivery takes place within Estonia, Latvia and Finland.
6.4. All available goods are delivered within 1-3 working days within Estonia and within 10 working days in foreign countries.
6.5. Delivery time is indicated on the Website and is valid from the moment of receiving the payment.
6.6. In order for the goods to be delivered without delay, make sure that complete, accurate and correct information has been entered when placing the Order.
6.7. The Anix-shop web store is not responsible for the delivery of goods if the goods have been delivered to logistics partners on time, but the delivery is delayed due to circumstances that the Anix-shop web store cannot change and/or foresee and cannot influence.
6.8. If you have selected a parcel machine as the delivery method, an SMS message and a letter to your e-mail address will be sent when your shipment arrives.
- Withdrawal from Contract and Return of Goods
7.1. After having received the Order, the Customer has the right to withdraw from the contract within 14 days without giving a reason (depending on the goods or services, the consumer may not have a right of withdrawal; in this case, the respective goods and services must be listed and comply with subsection 53 (4) of the Law of Obligations Act).
7.2. If the condition of the item deteriorates, the Customer is liable for the decrease in value caused by the use of the item only if the Customer has used the item in any other way than is necessary to find out the nature, characteristics and functionality of the item. In order to find out the nature, characteristics and functionality of the item, the Customer must handle and use the item only as it would normally be used in the store and in accordance with the instructions for use.
7.3. In case of withdrawal from the purchase and sale agreement, a corresponding application must be sent to the e-mail address orders@Anix-shop.com. The application must contain the following information:
– goods to be returned;
– the Order number and the bank account number to which the money will be returned.
The amount paid for the goods (excluding the fee for delivery of the goods) shall be returned to the Customer’s account not later than within 30 days after the seller has received from the Customer a withdrawal and refund application and provided that the Customer has complied with the clause 7.4 of these General Terms and Conditions.
7.4. The Customer must return the goods to the seller within 14 days after submitting the application for withdrawal from the contract or provide proof that he/she has transferred the goods to the logistics company within the above-mentioned period for return to the seller.
7.5. The Customer does not have to return the goods via the logistics company if the Anix-shop web store has agreed to take the goods from the Customer on its own.
- Force Majeure
8.1. The Parties shall be released from liability for partial or complete failure to perform the obligations arising from the General Terms and Conditions if such failure to perform is the result of force majeure circumstances that arose after having agreed to the General Terms and Conditions, extraordinary circumstances which the Parties could not foresee or prevent, namely: fire, natural disaster, pandemic, war or other acts of war, civil or national unrest, transport blockade, adoption by the official and government authorities of acts preventing the performance of the General Terms and Conditions and other circumstances beyond the reasonable control of the Parties, including interruptions in telecommunications and electricity networks.
8.2. A Party that has been affected by force majeure circumstances is obligated to immediately, i.e. within 3 (three) working days, notify the other Party in writing of the occurrence of such circumstances by submitting a document issued by a competent state authority on their expected validity and expected expiration.
8.3. In the event of force majeure circumstances, the term for performance of the obligations arising from the General Terms and Conditions shall be postponed according to the period during which these circumstances and their consequences apply. If the circumstances of force majeure exist for more than 3 (three) consecutive months, either Party has the right to terminate the purchase and sale agreement unilaterally.
9.1. Anix-shop web store is liable for non-conformity or defects of the goods sold to the Customer under the terms of the contract for a maximum of two years from the date of delivery.
9.2. The Customer has the right to contact the Anix-shop web store not later than two months after the defect has been discovered, by submitting an invoice on the basis of which the purchase of the goods was paid for.
9.3. Upon discovering a defect in the purchased goods, the Customer is obligated to stop using the goods and ensure their preservation.
9.4. Repair or replacement of defective goods is co-ordinated between the Anix-shop web store and the Customer. Repair costs are covered by the Anix-shop web store.
9.5. Anix-shop web store is not liable for any defects of the goods caused by the Customer due to incorrect, improper or inappropriate storage or use of the goods.
9.6. In case of non-conformity or defects related to the goods, the Customer must contact: send a notice indicating the name of the Customer, contact telephone number, Order number and a precise description of the non-conformity or defects of the purchased goods.
9.7. Complaints regarding non-conformity or defects of the purchased goods must be submitted within two months from the discovery of the non-conformity or defect of the purchased goods.
9.8. All complaints will be processed and the Customer will be contacted as soon as possible, but not later than within 15 days as of the receipt of the complaint.
9.9. The Customer has the right to claim a reduction of the purchase price or termination of the contract from the Anix-shop web store and a refund of the amount paid for the purchased goods if the Anix-shop web store fails to repair or replace the purchased goods, if the repair or replacement of the purchased goods is not possible, if the Anix-shop web store has not eliminated the defect of the goods within a reasonable period of time.
- APPLICABLE LEGISLATION AND SETTLEMENT OF DISPUTES
10.1. The legislation of the Republic of Estonia shall apply to these General Terms and Conditions and the legal relationship of the Parties.
10.2. If the Customer has any claims against Anix, they must be communicated by e-mail address info@Anix-shop.com.
10.3. Settlement of disputes by submission of a claim is mandatory. The deadline for replying to a claim/complaint is 15 days as of its receipt.
10.4. Disputes between the Customer and Anix will be resolved by the Parties through negotiations. If the Customer and Anix are unable to resolve the dispute by agreement, the Customer may contact the Consumer Protection and Technical Surveillance Authority (Endla 10a, 10142 Tallinn, https://www.ttja.ee/) and the Consumer Disputes Committee (Endla 10a, 10142 Tallinn, http://www.komisjon.ee) in order to resolve the dispute in an extrajudicial proceeding or go to court. In addition, the European Union’s electronic environment for resolving disputes with e-traders is open to all customers, i.e. the ODR-platform (Online Dispute Resolution), available at http://ec.europa.eu/odr.
10.5. If disputes and disagreements cannot be resolved through negotiations and/or in the Consumer Disputes Committee, they shall be resolved and reviewed in Harju or Pärnu County Court in accordance with the legislation of the Republic of Estonia currently in force.