1 – Validity and Scope of the Terms of Sale
1.1. These Terms of Sale apply to the rights and obligations arising between the customers of Farmatseut’s online store (hereinafter referred to as the Buyer) and DuoMedics OÜ (hereinafter referred to as Farmatseut) when purchasing goods (hereinafter referred to as the Product/Products).
1.2. In addition to these terms, legal relations arising from the purchase of Products from Farmatseut’s online store are governed by the legislation in force in the Republic of Estonia.
1.3. Farmatseut reserves the right to make changes to the terms of sale and sales prices, and these changes will be reflected on Farmatseut’s website www.farmatseut.com
1.4. By accepting the terms, the Buyer confirms that they have read, understood, and agree to comply with these Terms of Sale.
2 – Prices
2.1. All prices in Farmatseut’s online store include 24% VAT.
2.2. Displayed discount percentages are rounded to the nearest whole number.
3 – Placing Orders
3.1. On Farmatseut’s website, you can purchase Products that have an “Add to Cart” button. To order a suitable Product, you must add it to your shopping cart.
3.1.1. Products intended for professional use can only be purchased by beauty service business clients registered with and approved by Farmatseut.
3.2. Product prices and availability may change continuously and without prior notice.
3.2.1. Product availability can be checked in the “Availability” sub-section on the respective Product page.
3.2.2. The Product price is displayed on the Product page, and for discounted prices, both the discounted and regular prices are shown.
3.3. The Buyer can view the contents of the shopping cart by clicking the “Shopping Cart” icon in the website header.
3.3.1. The quantity of Products in the shopping cart can be changed by entering the desired number of Products in the quantity field.
3.3.2. Products can be removed from the shopping cart by clicking the “cross” icon on the same line.
3.4. Before placing an order, a suitable delivery method must be selected.
3.4.1. For orders of 50 € or more, Product delivery within Estonia is free.
3.5. To place an order, you must click the “Buy” button.
3.6. To confirm the order, click the “Pay” button.
3.6.1. An advance invoice will then be issued, which must be paid by credit card, bank transfer, or using a bank link.
3.6.2. The order confirmation, i.e., the advance invoice, will be sent to the Buyer’s email address.
3.7. Products will be dispatched by Farmatseut after the invoice has been paid.
3.8. Orders can be paid securely using Maksekeskus AS payment methods:
- Estonian bank links: Swedbank, SEB, Luminor, LHV, Coop Pank
- Visa/Mastercard card payments
3.8.1. When paying with a bank link, be sure to click the “Back to merchant” button on the bank’s page.
3.8.2. Payments are mediated by Maksekeskus AS. Payment takes place in a secure environment outside the Online Store – in the secure environment of the respective bank when paying with a bank link, and in the secure environment of Maksekeskus AS when paying with a credit card. The Seller does not have access to the customer’s bank and credit card details. The contract becomes effective upon receipt of the amount due into the Online Store’s bank account.
3.8.3. The owner of the Online Store is the responsible data controller for personal data and transfers the personal data necessary for processing payments to the authorized processor Maksekeskus AS.
3.8.4. If the ordered goods cannot be delivered due to the product being out of stock or for any other reason, the buyer will be informed as soon as possible, and the paid amount (including delivery costs) will be refunded without delay, but no later than within 14 days of sending the notification.
4 – Entry into Force of the Sales Contract
4.1. The Buyer commits to the order and its payment after clicking the “Pay” button.
4.2. The sales contract is considered concluded from the moment the advance payment due according to the order confirmation is received into DuoMedics OÜ’s bank account.
5 – Product Delivery and Handover
5.1. After the sales contract enters into force (upon the Buyer’s payment of the advance invoice), Farmatseut will assemble the order and hand it over to Farmatseut’s logistics partners for delivery.
5.2. Orders placed and for which advance payment has been received into Farmatseut’s bank account on business days will be delivered to the Buyer within 7-10 business days (delivery usually takes 3-5 business days).
5.2.1. Goods are shipped to the following countries: Estonia.
5.2.2. Should a shipment be delayed for any reason, Farmatseut’s customer support will agree on a suitable delivery time with the Buyer.
5.2.3. In exceptional cases, the right exists to deliver goods within up to 45 calendar days.
5.3. For prompt delivery, the Buyer must carefully verify the entered delivery details.
5.4. In case of non-conformity of the Product with the contract terms, the Buyer may:
5.4.1. refuse their order or the fulfillment of an outstanding obligation;
5.4.2. demand compensation for damages, a price reduction;
5.4.3. demand a penalty for delay from Farmatseut in case of delayed fulfillment of financial obligations.
5.4.4. Products damaged during transport, but not product packaging, will be replaced for the Buyer.
5.4.5. If Product replacement proves impossible, the cost of the goods will be reimbursed to the Buyer.
5.5. Farmatseut is not responsible for delays in Product delivery if the Products were handed over to logistics partners on time, but the delivery delay is due to circumstances that Farmatseut could not influence or foresee.
5.6. The buyer has the following options for receiving goods: Itella parcel lockers; Omniva courier service; pick up the order in person at Järve 2, 10112, Tallinn.
5.6.1. Shipping costs for goods are borne by the buyer, and the corresponding price information is displayed next to the shipping method.
6 – Right of Withdrawal
6.1. Products purchased from Farmatseut’s online store are subject to a 14-day right of return from the date of receipt of the goods. If a Product ordered from the e-shop does not suit the Buyer, they may return it without providing reasons.
6.1.1. The withdrawal period expires 14 days from the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, has physically taken possession of the Products.
6.2. The right of withdrawal does not apply if the Buyer has been supplied with Products in sealed packaging that are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery (cosmetic products, sterile medical devices, etc.).
6.2.1. Furthermore, the 14-day right of withdrawal does not apply to Products if:
6.2.1.1. The Product has been manufactured taking into account the specific personal needs of the Buyer;
6.2.1.2. The Product has been manufactured according to the conditions provided by the Buyer;
6.2.1.3. The Product has been mixed or combined with another product or goods in such a way that they can no longer be separated from each other;
6.2.1.4. The Product has been used for economic or professional activity.
6.3. Upon return of the goods, Farmatseut will refund the cost of the returned Product to the Buyer without delay, but no later than 14 days from the day Farmatseut is informed of the Buyer’s decision to return the Product.
6.3.1. If it becomes unavoidable for the Buyer to return the Product at their own expense, the cost of the returned Product, along with shipping costs, will be reimbursed to the Buyer no later than 14 days from the submission of the application.
6.4. The Buyer must return the Product to Farmatseut without delay, but no later than 14 days from the day they notified Farmatseut of their wish to return the Product. The Product can be returned:
6.4.1. To Farmatseut’s Tallinn office, Järve 2;
6.4.2. To a parcel locker, using the received code.
6.5. The deadline is met if the Buyer returns the Product before the end of the 14-day period.
6.6. Farmatseut has the right to refuse to make refunds until Farmatseut has received the returned Product or the Buyer has provided Farmatseut with proof that they have sent the Product back, whichever occurs first.
6.7. If the Buyer wishes to avoid compensating for the decrease in the Product’s value, the Product must be used and tried only as would be possible in a regular store, and the Product must be returned in its original packaging and initial completeness (including all items in the product packaging and any gifts added by Farmatseut). If the Buyer uses the Product more than is necessary to ascertain its nature and functioning, or does not return the Product in its original packaging and initial completeness, the Buyer is responsible for the decrease in the Product’s value.
6.7.1. In the event of deterioration of a Product subject to return, the Buyer is responsible for the decrease in the Product’s value caused by its use if they have used the Product in a manner other than what is necessary to ascertain its nature, characteristics, and functioning. To ascertain the Product’s nature, characteristics, and functioning, the Buyer may handle and use it only as they would normally be permitted to do in a store.
6.8. Farmatseut has the right to submit claims to the Buyer for the decrease in the Product’s value no later than one month from the return of the Product.
6.9. If the Buyer has used or tried the returned Product in a manner other than what would normally be permitted in a store, or has used the Product more than is necessary to ascertain its nature, characteristics, and functioning, the Buyer is responsible for the decrease in the Product’s value, and Farmatseut has the right to deduct this amount from the purchase price to be refunded. If the Buyer does not agree with the decrease in value indicated by Farmatseut, they have the right to consult an independent expert to determine it. The costs of the independent expert will be paid by the party whose position was not justified. If it proves impossible to identify such a party, the costs related to the expertise will be divided equally between the Buyer and Farmatseut.
6.10. If it turns out that the Buyer has not received the ordered Product, the Product does not match the description in the e-shop, or a defect appears in the Product, the Buyer does not need to submit a withdrawal application within 14 days, but may exercise the right to file a complaint arising from law.
6.11. To return goods, a withdrawal application for the purchase of goods must be submitted and sent to the email address info@farmatseut.com no later than 14 days from the receipt of the goods.
7 – Use of Purchased Product for Economic or Professional Activity (Including Legal Entity)
7.1. If the purchased Product has been used for economic or professional activity, or if the buyer was a legal entity, the usual complaint procedure does not apply. In such cases, the complaint period is generally 6 months or more, if the manufacturer has so allowed. During this period, if manufacturer defects appear, the Product will be replaced or repaired.
7.2. The Product will not be replaced if:
7.2.1. The Product has been manufactured taking into account the specific personal needs of the Buyer;
7.2.2. The Product has been manufactured according to the conditions provided by the Buyer;
7.2.3. The Product is not suitable for return for health protection or hygiene reasons and has been unsealed after delivery (cosmetic products, etc.);
7.2.4. The Product has been mixed or combined with another product or goods in such a way that they can no longer be separated from each other.
8 – Liability and Complaint Procedure
8.1. Farmatseut and the Buyer are liable for damages caused to the other party by the breach of these terms in the cases and to the extent provided by the legislation in force in the Republic of Estonia.
8.2. Farmatseut is responsible for any non-conformity or defect of the Product sold to the Buyer that existed at the time of handover and that appears within two years from the handover of the Product to the Buyer. Within the first six months from the handover of the item to the Buyer, it is presumed that the defect existed at the time of handover. The burden of refuting this presumption lies with Farmatseut.
8.3. In case of a Product’s non-conformity with the contract terms, the Buyer has the right to submit complaints to Farmatseut within two years from the date of handover of the goods. The complaint must be submitted immediately, but no later than two months from the discovery of the Product defect. Upon discovering a defect, the Buyer must take reasonable measures to preserve and protect the Product, including not using the defective Product if its use further deteriorates its condition.
8.4. In case of a Product’s non-conformity with the contract terms, the Buyer may rely on legal remedies provided by law, including demanding the repair or replacement of the Product. If the repair or replacement of the Product is not possible, fails, or causes unreasonable inconvenience to the Buyer, the Buyer has the right to withdraw from the contract and demand a refund.
8.5. Farmatseut is not responsible for defects in the Product caused by the Buyer’s fault, or for defects that have arisen as a result of improper storage or use of the Product. Defects in the Product are considered, but not defects in the product packaging.
8.6. If a sales guarantee has been provided for the Product by Farmatseut or the manufacturer, the warranty terms will be given to the Buyer in writing along with the Product and/or made available electronically in the e-shop.
8.7. To resolve later problems, the Buyer must retain purchase documents (invoice, contract, etc.) that prove the Product was purchased from Farmatseut’s representative office or e-shop. Without a document proving the sale, Farmatseut may leave the problem unresolved.
8.8. In the event of a defect appearing in a Product purchased from Farmatseut’s representative office or e-shop, the Buyer may contact Farmatseut’s offices within two months at the latest:
8.8.1. In Tallinn: Järve 2;
8.8.2. or the online store, by sending an email to info@farmatseut.com or calling +372 51 51 295
8.9. When submitting a complaint, the defective Product must be presented. Farmatseut and the Buyer will enter into an agreement for device maintenance and repair work if the Product needs to be sent for diagnostics or expert assessment to determine the nature and cause of the Product defect.
8.10. When submitting a complaint, the following must be specified:
8.10.1. Buyer’s name and contact details;
8.10.2. Date of complaint submission;
8.10.3. Product defect;
8.10.4. Claim submitted to Farmatseut;
8.10.5. Reference must be made to the document proving the transaction or warranty, or a copy thereof must be attached to the complaint.
8.11. Farmatseut will respond to the complaint in writing within 15 days of receiving the Buyer’s complaint. If Farmatseut is unable to respond to the Buyer’s complaint within 15 days, this will be communicated in writing, along with the reason and the deadline by which the response will be sent.
8.12. The Buyer has the right to contact the competent supervisory authority, which is the Consumer Protection and Technical Regulatory Authority at Sõle 23a, 10614 Tallinn, email: info@ttja.ee. The out-of-court dispute resolution body for online consumer disputes is in accordance with European Parliament and Council (EU) Regulation 524/2013.
8.13. If the Buyer and Farmatseut cannot resolve a dispute by agreement, the Buyer may turn to the Consumer Disputes Committee, whose procedural terms can be reviewed and an application submitted here. The Consumer Disputes Committee is competent to resolve disputes arising from contracts concluded between the Buyer and the online store. The review of the Buyer’s complaint by the committee is free of charge.
8.14. The Buyer has the right to contact the European Union online dispute resolution platform.
9 – Force Majeure
9.1. Farmatseut is not responsible for any damage incurred or delay in Product delivery if the damage or delay in Product delivery is due to circumstances that Farmatseut could not influence or foresee.
10 – Personal Data Protection and Security
10.1. Personal data protection terms can be found here: https://www.aki.ee
11 – Data Processing and Security
11.1. All personal data of the Buyer/Client that becomes known during the visit to Farmatseut’s e-shop and during purchases is treated as confidential information. This excludes cases where the courier requires the Buyer’s/Client’s name, phone number, and delivery address for goods delivery, or in other cases prescribed by law.
11.2. An encrypted data communication channel with banks ensures the security of the purchaser’s personal data and bank details, and Farmatseut’s e-shop also has no access to them.
12 – other Terms
12.1. Product images are for illustrative purposes only.
12.2. Product prices and availability may change without prior notice. In such cases, Farmatseut reserves the right to cancel the sale and refund the Buyer’s money to their bank account within a reasonably necessary period.
12.3. Product information is regularly checked and updated. Data may have been updated since the Buyer’s last visit.
These terms of sale are effective from June 1, 2021.
