Terms

TERMS & CONDITIONS 1. GENERAL Before using our web store please read carefully these consumer terms and conditions (“Terms”). 1.1. Current Terms are the legally binding agreement between MTÜ Worldloppet Ski Federation, a non-governmental organization, registry code 80149377, address Laulupeo pst 25, Tartu, 51007, Estonia (hereinafter “Trader”, “Worldloppet”, “us”, “we”) and the person who made the purchase (hereinafter “Client”, “you”) in the www.worldloppetstore.com sales environment (e-store). 1.2. www.worldloppetstore.com website, including its subpages (hereinafter the “Website”) and its related services are run by Worldloppet, who provides a platform for third party manufacturers/sellers to sell and for consumers to buy various apparel. 1.3. Worldloppet may change the terms of the e-store and the prices of the products and services. Changes will be notified in the e-store’s environment. The terms and prices applicable at the time of the transaction taking place are applied to the transaction. 2. CLIENT´S REPRESENTATIONS AND OBLIGATIONS 2.1. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. 2.2. You may not use the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). 2.3. You must not transmit any worms or viruses or any code of a destructive nature throughout the Website. 2.4. A breach or violation of any of the Terms will result in an immediate termination of your right to use the Website and our services. 3. THIRD PARTY APPAREL You hereby acknowledge that Worldloppet Store is as a platform offering apparel created by third parties. When purchasing products from such third parties Worldloppet merely acts as an agent between the Client and the third party seller and will not be responsible for the performance of duty of such third party, including, but not limited to, the quality of the apparel and timeliness of delivery. 4. CONCLUSION OF AGREEMENT 4.1. To place a purchase order upon finding the desired product the Client must choose the size and, if provided, other specifications and click “Add to Cart” following the instructions thereafter. 4.2. Upon submitting the purchase and delivery information required Client will be directed to the payment. The order has been placed once Client has entered the required information and paid the requested fee in full. 4.3. Trader will confirm the order by sending the electronic receipt to the e-mail address provided by Client. 5. FEES and PAYMENT 5.1. Prices of the products sold in our Website, shown in euros, are indicated beside relevant products. All prices are inclusive of 20% VAT in force in Estonia. Delivery fee will be added additionally to the price and will be presented to the Client once the details regarding delivery location are filled out. 5.2. The Client will pay for the purchases made in the Website 100% in advance. Credit card payment takes place in a secure environment outside the e-store –Ever-Pay (https://portal.every-pay.eu/). The Trader does not have access to the Client’s bank and credit card details. 5.3. If ordered goods cannot be delivered due to running out of stock or any other reason, we will inform you of the fact, cease the reservation of the fee on your bank account and return any paid sums immediately. 5.4. Please note that depending of your location, the delivered products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. If necessary, please contact your local customs office for further information before placing your order. 6. DELIVERY 6.1. Delivery length and fees are dependent on the destination and method of delivery. The fee and estimated delivery length will be presented in the checkout menu after choosing the delivery destination and method. 6.2. The third party sellers will make every effort to deliver your order within estimated timescale. However, delays are occasionally inevitable due to unforeseen factors or events outside their control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Delivery of your order may take longer during sale or other busy periods (for example Christmas period). 6.3. Products will be delivered to the customer by Registered Maxi Letter Business Letter and Omniva Parcel to the automated parcel terminal provided by Omniva (AS Eesti Post). Shipments can be to some extent tracked at Omniva and in the international monitoring environment of the UPU at www.track-trace.com/post. The tracking number will not be sent automatically and has to be asked from Trader by e-mail [email protected]. 7. RIGHT OF WITHDRAWAL, RETURNING AND EXCHANGING GOODS 7.1. Please note that some products offered on the Website are custom made and manufactured according to the specifications set out by you. Thus, once the manufacturing process of the ordered custom made product has started you do not have the right to cancel the contract not return the product unless as indicated in section 8. 7.2. The Client has the right to withdraw from an undisclosed transaction within 14 calendar days from receiving the product by submitting an application for withdrawal via post or e-mail. The Trader will confirm receipt of the withdrawal application with a notice sent to the Client. 7.3. The Client is obliged to return the product within 14 calendar days from the date of submission of the application for withdrawal. The period of withdrawal shall be calculated from the day the Client or a third party named by him or her, who is not the carrier of the goods, has received the possession of the product. If the order consists of more than one shipment, the deadline for withdrawal is calculated from the date of arrival of the last parcel to the Client. 7.4. Until the returned package has arrived, we cannot take the responsibility. Therefore, please keep the document given when posting the package to prove the shipping when needed. Returning and/or exchanging the goods is free for the Client, except for the transportation expenses for product returning, that will be paid by the Client. 7.5. On withdrawal from the transaction the Trader will return to the Client the sums paid by him, not including delivering the product to the Client, by transferring the returnable sum into the Client’s bank account within 14 days from the withdrawal application reaching the Trader at the latest. 7.6. The Trader has the right to delay returning the paid sums until the Client has returned the product or submitted proof of handing over the product to the post office for return. On using the right of withdrawal the Client will carry all expenses directly related to the returning of the product. 8. DEFECTIVE PRODUCT 8.1. If the product has a defect that existed already at the moment of delivery of the product, or does not conform to the colour, size or other specifications as described in the product info or established by you in the order, please contact us at [email protected]. 8.2. Worldloppet will promptly notify the third party seller of any such shortages. If the product purchased is defective or does not correspond to the specifications agreed, the third party seller will repair or replace the product. If the product cannot be repaired or replaced, the third party seller is obliged to return the purchase fee and postal charges. 8.3. Please bear in mind that you must inform Worldloppet of any detected shortage no later than in 15 days of discovering the shortage. The third party seller will remain liable for the shortages described in this section for maximum of two years from delivering you the product. 8.4. Please note that the seller is not responsible for shortages, which have appeared due to wrong usage of the product or if the product has physically worn off due to normal usage or if you have not notified us of the defect within the aforementioned timeframe. 9. LIMITATION OF LIABILITY 9.1. Worldloppet Store services and the Website are provided on an “as is” basis and, other than expressly set out in these Terms, without warranties of any kind. 9.2. Although we are striving to provide you as quality services as possible, we do not warrant that our Website will be error-free and uninterrupted. We assume no liability for non-operability or impaired accessibility to the Website or our web store service due to, but without limitation to, technical difficulties or dependence on the services of the third parties. 9.3. Unless explicitly stated otherwise, to the maximum extent permitted by applicable law Worldloppet and our board, employees, partners and agents, are not liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, any loss arising from ordering products from third party sellers via the Website and/or damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of Website. 10. INDEMNIFICATION You agree to defend, indemnify and hold harmless Worldloppet and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Website, by you or any person using your account and password; (ii) a breach of the Terms, or (iii) content posted on the Website or in the course of providing services. 11. CHANGES We reserve the right, at our sole discretion, to modify or replace any of the Terms at any time. If a revision is material we will provide at least 14 days notice on the Website prior to any new terms taking effect. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms. 12. SEVERABILITY If any of the provisions of the Terms proves to be void or voidable, or is or becomes invalid in full or in part for any other reason, the remaining provisions of the Terms will continue to apply in full. Worldloppet will replace the invalid stipulation by a stipulation that is valid and whose legal consequences, in view of the substance and purpose of the Terms, correspond as much as possible to those of the invalid stipulation. 13. GOVERNING LAW The Terms shall be governed and construed in accordance with the laws of Republic of Estonia, without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related to the Website and the web store service shall be brought exclusively to courts located in Tartu, Estonia and you consent to the exclusive jurisdiction of such courts. 14. DISPUTES 14.1. In case of any questions or if you wish to submit a complaint, please contact us at [email protected]. 14.2. If you are an EU citizen and have a complaint unrelated to the quality or delivery of your ordered product, you may also submit a complaint via the EU online dispute resolution platform, which can be accessed here (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage). Information on the proceedings can be also found on the same page. 15. PRIVACY POLICY 15.1. The controller of personal data is MTÜ Worldloppet Ski Federation. 15.2. The processing of personal data is subject to the legislation of Estonia and the European Union. 15.3. The Website collects the following personal information: name, billing address, delivery address, phone number, e-mail address and purchase history. All the data is collected and processed to sell goods and provide services. 15.4. The controller does not disclose the information received by him to third parties. 15.5. Personal data transmitted to the Worldloppet is protected and treated as confidential information, including information stored on the Client and his/her orders stored in the e-store order environment. The data communication between the Client and the banks and the card payment center is encrypted, which ensures the security of the Client’s personal data and bank details. Worldloppet does not have access to client confidential bank and payment card requisitions. 15.6. The Trader will implement all measures, including information technology and organizational measures, for the protection of the personal data collected. Access to data editing and processing is restricted to authorized persons. 15.7. The Client has the right to get information and check his/her personal data, request access to the personal data, request corrections to the personal data, request limiting the personal data, request the deletion of personal data, request the transfer of personal data, rights relating to the automated processing of data, right to an evaluation by a supervisory authority. The customer also has a right to renege on his/her permission to process personal data. To get information and to check his/her personal data, the client should send a written application to [email protected]. 15.8. The Client can at any time check his/her personal information and partially modify it by logging in to the Website self-service environment or by sending an email to [email protected]. In order to delete personal information collected, the Client shall submit a written request to [email protected]. 15.9. The Client has the right to turn to Data Protection Inspectorate or to court if he/she finds that his/her personal data has been misused. Contact info for the Data Protection Inspectorate can be found from http://www.aki.ee/en. 15.10. The data controller changes and/or deletes the Client´s data after the Client has been identified. 15.11. The deadline for maintaining Client’s personal data is one year from the last purchase. 15.12. Worldloppet may make unilateral amendments to the terms and conditions of the privacy policy pursuant to the law.