Terms of Sale – Netikino

Terms of Sale of Netikino Web Shop

These terms are valid as of 05.12.2019.

The aim of these Web Shop Terms of Sale (the Terms) is to determine the conditions under which Netikino allows you to purchase DVDs of audio-visual works (hereinafter referred to in the Terms the films) and other related merchandise through the website https://pood.netikino.ee/ (hereinafter the Web Shop).

By visiting and purchasing goods from the Web Shop you agree to these Terms. When ordering video-on-demand services from Netikino, the Netikino Terms of Use shall apply instead of these terms. If you have any questions regarding the Web Shop or these Terms please contact Netikino via email info@netikino.ee.

Content of the Terms

1. Seller

2. General

3. Goods and prices

4. Making a purchase

5. Paying for the goods

6. Delivery of goods

7. Acceptance of goods and non-compliances

8. Consumer’s right of withdrawal

9. Intellectual property rights

10. Use of cookies and personal data protection

11. Applicable law and settlement

1. Seller

The Web Shop is operated by Estonian company Energiasäästu Invest OÜ (registry code 11991353; address at Sõpruse pst 151, 13417 Tallinn, Estonia, before and hereinafter Netikino) and the latter is also the seller. For general questions, please contact Netikino at the following email address: info@netikino.ee.

2. General

Netikino may amend or supplement the Terms, as well as the assortment and prices of goods sold in the Web Shop. Changes will be announced in the Web Shop’s environment. Your purchase is subject to the Terms applicable at the time of finalizing the purchase, and it is your responsibility to read the Terms on the webpage before every purchase and to familiarise yourself with the newest version of the Terms.

Terms applicable to your purchase will also be provided to you along with your purchase confirmation, and you may also download the Terms here, print them and save to your device.

In addition to these Terms, legal relations arising from the purchase of goods through the Web Shop are governed by the laws of the Republic of Estonia.

3. Goods and prices

The prices of goods are displayed in the Web Shop by each item, the prices are in euros and include VAT valid in the Republic of Estonia.

If a voucher or coupon is available, the discount on the item will be calculated after entering the discount code in the shopping cart.

The delivery fee corresponding to the method of delivery you choose during the purchase process will be added to the price shown by the item.

When ordering goods outside the European Union, the price of the item may be subject to customs, import or other such taxes or charges and you are responsible for paying them. Tax and customs policies may vary from country to country, so we recommend that you familiarise yourself with any taxes that may apply in respective country before ordering.

4. Making a purchase

To make your purchase, select the desired item from the Web Shop. The item you have selected will be added to the shopping cart after clicking the "Add to Cart" link. It is possible to change quantities in the shopping cart and remove goods from the shopping cart until you have paid for the goods.

To enter the shopping cart, click on the "Check out" link, select the desired quantity of goods and the method of delivery that suits you. The shopping cart will also show the delivery fee corresponding to the delivery method as selected by you.

After entering the above-referred information, agreeing to the Terms, the Netikino privacy notice and the Netikino cookie policy , and clicking on the "Check out now" link, enter the requested delivery information and select the desired payment method and, if available, enter the voucher or promo code, and you'll be directed to pay.

The agreement between Netikino and you will be concluded as of the due payment for the goods.

Netikino does not retain the text of the contractual agreement as concluded with you after the conclusion thereof, but Netikino will send you an email confirming your purchase together with the version of the Terms as applicable to your purchase. You may also download the purchase confirmation and the Terms at the time of your purchase and save them to your device.

5. Paying for the goods

The price of your purchase will be calculated based on the price listed at the moment of making the purchase.

You will be required to pay the purchase price of the goods and the delivery fee in full as a prepayment, using the payment method of your choice.

The goods can be paid for by using one of the following payment methods:

(a) payment by invoice;

(b) online payment by credit card (Visa, MasterCard);

(d) payment by PayPal.

The online payments are done outside of Netikino platform in respective payment service provider’s secure environment. Credit card payments and payments via Estonian banklinks are done by Maksekeskus AS (http://maksekeskus.ee/en).

In case you have chosen to pay by invoice and you have not paid for the ordered goods within 3 days of the confirmation of purchase, Netikino will consider you to have cancelled your purchase.

A service charge may be added to the purchase price under the agreement as concluded between you and your bank or credit card company or other payment solution provider.

You make purchases in the Web Shop at your own risk and you will be fully responsible for your actions in making purchases in the Web Shop. Among others, you will be fully responsible for safekeeping your bank and credit card data, and purchase information. Netikino will bear no responsibility for any loss or other consequences if you have entered incorrect information at the time of making a purchase, or for the purchase of goods by a third party who is using your bank or credit card data, or if the third party has become aware of the door code of the parcel machine as used for the delivery of the goods you have purchased, and in other such cases.

6. Delivery of goods

Netikino delivers goods within Estonia via Omniva parcel machines or outside Estonia using Omniva international parcel service. You choose the place and method of delivery of the goods when making your purchase.

The delivery fee is added to the price of the goods. The amount of the fee depends on the method and place of delivery and is shown in the shopping cart at the time of making the purchase.

The time of delivery of the purchased goods depends on the selected delivery method and place. Within Estonia, the goods will usually arrive within a few working days, and outside of Estonia, usually within one to a few weeks of the entry into force of the agreement between Netikino and you. However, you are aware that during holiday periods, delivery times can also be significantly longer.

You will be notified of the arrival of the goods to the parcel machine by SMS message containing a unique door code to open the parcel machine’s door. If you have not picked up the goods delivered to the parcel machine from the parcel machine at the end of the deposit period set by the parcel machine service provider, Netikino will consider you to have cancelled your purchase, and Netikino will refund your purchase within 14 calendar days using the same payment method you used to make the payment.

Netikino will attach a paper invoice to the goods delivered to you.

7. Acceptance of goods and non-compliances

The risk of accidental loss of or damage to the goods passes to you upon delivery of the goods to you.

Check the conformity and compliance of the goods immediately after taking delivery thereof. If the packaging of the goods delivered to you is damaged or opened, or if you have received incorrect or non-compliant goods (the goods are damaged, do not correspond to the order, have production defect, etc.), then notify Netikino therof by email to info@netikino.ee immediately but not later than within 5 days (or within 2 months if you are a consumer) of the delivery of the goods and, in the case of hidden defects, of becoming aware of the defect. To submit such notice (claim) you may use the complaint form, which can be downloaded here as a pdf, or send equivalent information (i.e. your name and contact details, date of notice, order number in the purchase confirmation and description of non-compliance) to Netikino in another form (e.g. by email).

If, as a business customer, you fail to examine the goods pursuant to the foregoing or do not do that with the necessary diligence or do not notify of the non-compliance in accordance with the foregoing and the goods had a non-compliance that could have been detected in the course of proper examination, then you can later no longer rely on respective non-compliance.

In case you are a consumer, then you have the right to file complaints with the Netikino in connection with the non-compliance of the goods that emerge within 2 years of handing the goods over to you.

Netikino provides you its position in respect of the non-compliance and, if the non-compliance exists, notifies you of further steps for removal of the non-compliance within 15 working days. Failure to respond to your notice is not deemed to constitute Netikino’s agreement with the non-compliance. In case your notice has been mistakenly missed, then please contact us again.

Netikino removes the non-compliances within a reasonable period of time. If the non-compliance cannot be removed, then both you as well as Netikino have the right to withdraw from the agreement. In such case you must return the non-compliant item (if the item has not been returned previously). The goods can be returned via the parcel machine used to deliver the goods or through the parcel service.

Netikino will refund you the amount you paid for the non-complying goods and their delivery to you, together with a reasonable and justified cost you have incurred due to returning the non-complying goods to Netikino. Unless otherwise agreed, Netikino will refund the above amount no later than within 14 calendar days after receipt of the notice of withdrawal, using the same payment method you used to make the payment. Netikino may refuse to refund until Netikino has received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You may also seek other legal remedies provided by law in the event of non-compliance of the goods.

8. Consumer’s right of withdrawal

In case you are a consumer, you have the right to withdraw from the agreement concluded in the Web Shop within 14 days of receipt of the purchased goods without giving any reason. To withdraw, you must present Netikino by email to info@netikino.ee an unequivocal application for withdrawal within the aforementioned withdrawal period. You can use the withdrawal form, which can be downloaded here as a pdf, to present your application for withdrawal or you can send equivalent information (i.e. your name and contact details, order number on the purchase confirmation, delivery time, unequivocal withdrawal request) by other means (e.g. email).

The consumer's right of withdrawal does not apply to sealed audio or video recordings or computer software (i.e. films in the Netikino Web Shop) if you have opened the package (article 53 (4) subsection 7 of the Law of Obligations Act), as well as to goods which by their nature (e.g. for health protection or hygienic reasons, etc.) cannot be returned.

In case you exercise your right of withdrawal, you must return the goods to Netikino within 14 days of the date of submission of the withdrawal application. The goods can be returned via the parcel machine used to deliver the goods or by using the parcel service.

The item must be returned with the same completeness as it was delivered to you and, if possible, in its original packaging (especially if the item was in a specific box or in other packaging than a colorless film packaging). Return the goods in such transport packaging that ensures proper protection of the goods (including packaging) during transportation.

In case of exercising the consumer's right of withdrawal, you will bear all the direct costs related to returning the goods, except if you are returning goods that are not in compliance with the agreement (in which case the provisions of chapter 7 of the Terms apply).

You are also responsible for the decrease in the value of the goods due to deterioration, this means, among other things, that if you have used the goods for any purpose other than what is necessary to establish the nature, characteristics and functioning of the goods, or if the goods show signs of use or wear, Netikino has the right to reduce your refund in proportion to the decrease in the value of the goods.

Netikino will refund you within 14 days of receipt of the withdrawal application and receipt of the goods (or proof of return) the price you paid for the goods to Netikino Web-Shop and the fee for their delivery to you. In case you have expressly opted for a method of delivery other than the least expensive method of standard delivery offered by Netikino, Netikino will not be required to refund you for any costs that exceed the costs relating to the method of standard delivery.

Unless otherwise agreed, Netikino will refund using the same payment method you used to make the payment. Netikino may refuse to refund until Netikino has received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

9. Intellectual property rights

Netikino informs you that Netikino and third parties (such as holders of the rights of films sold in the Web Shop) hold intellectual property rights to the goods sold in the Web Shop. Intellectual property rights belong to and remain the property of the authors and other intellectual property rights holders, regardless of who owns the material object (such as a DVD or other item) in which the protected work is expressed. By acquiring goods, you do not acquire any intellectual property rights.

10. Use of cookies and personal data protection

All your personal data will be handled confidentially in accordance with the Netikino privacy notice, which forms a part of these Terms. Please review the Netikino privacy notice to learn about:

1. What personal data is Netikino processing

2. Where does Netikino get your personal data from

3. Why Netikino processes your personal data (purpose)

4. Legal basis of the processing

5. Children using Netikino

6. To whom Netikino discloses your personal data

7. Storing your personal data

8. Your rights and how you can use them.

Netikino uses cookies and similar tracking technologies in Netikino webpage (and in the Web Shop related thereto). Please review the Netikino cookie policy (which forms a part of these Terms) to get more information on what are cookies and how and what information does Netikino process by using cookies.

12. Applicable law and settlement

Unless otherwise provided by the Imperative provisions of law, the laws of the Republic of Estonia shall apply to relations arising from these Terms and the use of the Web Shop.

All disputes arising from the enforcement of these Terms and from purchasing goods in the Web Shop, as well as disputes related to the purchased goods shall be resolved by negotiation. Failing to reach an agreement, disputes shall be resolved in accordance with the procedure established by laws of the Republic of Estonia.

In case you are a consumer, you may also turn to the consumer complaints committee at the Estonian Consumer Protection Board (www.komisjon.ee) for out-of-court settlement of the dispute. Reviewing of a complaint in the consumer complaints committee is free of charge for the parties.

You as a consumer may also use the European Union Online Dispute Resolution procedure at http://ec.europa.eu/odr.