- Scope and validity of purchase terms and conditions
1.1 The Purchase Terms and Conditions are valid for the legal relations arising from the purchase of products by the customer (hereinafter the Customer) from the seller Jolly Toys OÜ (registry code 14604339, address Paenurme tee 30, Viimsi 74010, Estonia, e-mail: info@jollytoys.ee (hereinafter the Seller) using the website www.jollytoys.ee (hereinafter the Online Store).
1.2 In addition to the Purchase Terms and Conditions, the legal relations arising from the purchase of products through the Online Store are governed by the legislation in force in the Republic of Estonia.
1.3 The Seller is allowed to modify the Purchase Terms and Conditions and the price list due to the development of the Online Store, and in order to make the Online Store more secure and safe. Changes to the Purchase Terms and Conditions and the price list will come into force on the publication of the corresponding amendment on the website www.jollytoys.ee. If the Customer submitted an order prior to the entry into force of the changes to the Purchase Terms and Conditions, the Purchase Terms and Conditions that were in force at the time of placing the order apply, unless otherwise provided by law or the Purchase Terms and Conditions.
2. Price
2.1. Prices of the products sold in the Online Store are in euros.
2.2. The delivery fee will be added to the price of the purchased products, which will be calculated for the Customer’s cart after the delivery method has been chosen.
2.3. The Seller reserves the right to adjust the prices. If the Customer submitted the order before the prices were changed, then the price which was reflected on the invoice at the moment of placing the order will apply for the Customer.
3. Shopping cart and submitting an order
3.1. The Customer’s shopping cart will be created when the Customer clicks on the “Add to Cart” link.
3.2. The number of products in the basket can be changed in the “quantity” field. To complete the order, you have to click on the link “Proceed to Payment”. The customer will be directed to the order submission page.
3.3. The order can be submitted both as an unregistered guest and by registering an account. The required information must be entered on the order submission page and the button “Submit the Order” must be clicked.
3.4. When filling in the fields of the order form, you must be careful because the speedy and uninterrupted delivery of the products purchased by the Customer depends on this information. The Seller is not responsible for the non-fulfilment of the order or other consequences caused by the incorrect data provided by the Customer.
3.5. A sales contract is considered concluded and the execution of an order is initiated when the order is submitted and the amount due according to the invoice has arrived on the Seller’s current account.
3.6. The products are partially described in the Online Store.
3.7. Customer support works on weekdays from 10 a.m. to 1 p.m.. Customer support phone is +372 578 625 78.
3.8. Customer Support works in Estonian, Russian and English.
4. Paying for products
4.1. To make a payment, choose the appropriate form of payment (either a bank link or a credit card) on the order submission page. After the order has been submitted, the invoice, which is the basis for the payment, is sent to the Customer by e-mail as confirmation of the order. It is recommended that the Customer, prior to paying the invoice, checks that the data contained in the invoice corresponds to the requests made in the order. If the Customer chooses payment using a bank link as the payment method, he/she will be redirected to the bank link page after the order has been submitted.
4.2. Payment methods:
4.2.0 Jolly Toys OÜ is responsible for the processing of personal data, Jolly Toys communicates the personal data necessary for making payments to an authorised processor Maksekeskus AS.
4.2.1 I pay using a bank link: Swedbank, SEB, LHV, Nordea, Danske Bank, Krediidipank, Poco Pay, Liisi Id.
4.2.2 I will pay by credit card: Visa, Mastercard
4.2.3 All payments are made in euros.
4.3. Payment terms:
4.3.1. payment term advance payment – 100% of the amount due on the invoice will be paid upon completion of the order.
5. Delivery and transfer of products
5.0. The maximum delivery time for products within Estonia is up to 3 business days and outside the Republic of Estonia up to 14 business days.
5.1. When ordering, you can choose the appropriate delivery method:
5.1.1 Estonia
5.1.1.1. Itella SmartPost – orders will be delivered to the location of the automated parcel terminal selected by the Customer when ordering. The cost of shipping of EUR 3.50 per purchase will be added to the price of the products. The Customer will be notified of the dispatch of the goods to their e-mail address. Delivery of goods to an automated parcel terminal takes place within 3 business days from when the money has reached the Seller’s bank account. Upon arrival of the products, an electronic notification of the door code is sent to the Customer (by SMS and/or by e-mail), which can be used for picking up the parcel from the automated parcel terminal.
5.1.1.2. Omniva automated parcel terminal – orders will be delivered to the location of the automated parcel terminal selected by the Customer when ordering. The cost of shipping of EUR 3.90 per purchase will be added to the price of the products. The Customer will be notified of the dispatch of the goods to their e-mail address. Delivery of goods to an automated parcel terminal takes place within 3 business days from when the money has reached the Seller’s bank account. Upon arrival of the products, an electronic notification of the door code is sent to the Customer (by SMS and/or by e-mail), which can be used for picking up the parcel from the automated parcel terminal.
5.1.2 Latvia
5.1.2.1. Omniva automated parcel terminal – orders will be delivered to the location of the automated parcel terminal selected by the Customer when ordering. The cost of shipping of EUR 9.00 per purchase will be added to the price of the products. The Customer will be notified of the dispatch of the goods to their e-mail address. Delivery of goods to an automated parcel terminal takes place within 12 business days from when the money has reached the Seller’s bank account. Upon arrival of the products, an electronic notification of the door code is sent to the Customer (by SMS and/or by e-mail), which can be used for picking up the parcel from the automated parcel terminal.
All shipments are insured until the time of transfer to the Customer. The ordered goods are transferred only to the person indicated on the order upon submission of an identity document. Products are transferred to the Customer by a courier with a delivery note. Before signing the delivery note, it is recommended for the Customer to review the packaging of the products and, in case of any external injuries, add a note about this to the courier’s delivery note. If the Customer wishes to replace the product with damaged packaging that has been damaged by the courier company, the Customer will notify the Seller of it using the e-mail address info@jollytoys.ee or the contact phone number +372 578 625 78.
5.1.3 Lithuania
5.1.3.1. Omniva automated parcel terminal – orders will be delivered to the location of the automated parcel terminal selected by the Customer when ordering. The cost of shipping of EUR 10.00 per purchase will be added to the price of the products. The Customer will be notified of the dispatch of the goods to their e-mail address. Delivery of goods to an automated parcel terminal takes place within 12 business days from when the money has reached the Seller’s bank account. Upon arrival of the products, an electronic notification of the door code is sent to the Customer (by SMS and/or by e-mail), which can be used for picking up the parcel from the automated parcel terminal.
5.1.4 Finland
5.1.4.1. Itella SmartPost – orders will be delivered to the location of the automated parcel terminal selected by the Customer when ordering. The cost of shipping of EUR 14.00 per purchase will be added to the price of the products. The Customer will be notified of the dispatch of the goods to their e-mail address. Delivery of goods to an automated parcel terminal takes place within 14 business days from when the money has reached the Seller’s bank account. Upon arrival of the products, an electronic notification of the door code is sent to the Customer (by SMS and/or by e-mail), which can be used for picking up the parcel from the automated parcel terminal.
5.1.5 Other countries
5.1.5.1. Omniva postal parcel
Orders will be delivered to the office corresponding to the address indicated in the order.
Delivery of goods takes place within 14 business days from when the money has arrived on the Seller’s bank account. A message will be sent to you from the post office about the arrival of the package.
€ 16.99 – Austria, Belgium, Netherlands, Luxembourg, Poland, Sweden, Germany, Slovenia, Denmark, Czech Republic, Hungary
€ 23.99 – Albania, Algeria, the United States, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Gibraltar, Spain, Croatia, Ireland, Israel, Italy, Japan, Canada, Kazakhstan, Greece, Cyprus, Macedonia, Malta, Moldova, Montenegro, Panama, Portugal, France, Romania, Finland, Slovakia, United Kingdom, Northern Ireland, Turkey, Ukraine, Belarus, Vatican City
€ 31.99 – Iceland, Liechtenstein, Norway, Switzerland
€ 36.99 – Australia, Brazil, Georgia, China, Hong Kong (China), India, Korea, South Africa, Serbia, Taiwan, New Zealand, Russia
5.2. When ordering, it is advisable to check the correctness of the contact information to be submitted in order to avoid delays and misunderstandings in the delivery of products. The Seller and the courier company are not responsible for the delay in delivering the products and the misunderstandings caused if the delay or misunderstanding is due to the inaccuracy or incorrectness of the data provided by the Customer when making the order.
5.3. The products displayed in the Online Store are usually in stock. If the product is out of stock and the order can not be fulfilled, the Seller will inform the Customer using the contact telephone or e-mail within 2 business days from the entry into force of the Agreement and will propose a possible new delivery time or the replacement of the product with another equivalent product which has the same price and quality. If the Customer does not want a new or replacement product, the amount paid by the Customer (including the cost of shipping) will be returned within 14 days.
5.4. Customs and import duty
Shipping may be subject to various customs duties and import duties that must be paid upon the arrival of the parcel to the country of destination. These fees are payable by the receiver of the package. As tax and customs policies may vary greatly from country to country, we ask you to contact your local customs or tax office for further information.
6. Withdrawal from an order before order has been filled
6.1. If the Customer wishes to withdraw from the order after submission of the order and before the order has been filled, the Customer will immediately inform the Seller in writing using the e-mail address info@jollytoys.ee. The email must indicate the order number that you want to withdraw from, and you have to add your contact details (first name, last name, date of submitting the order, contact phone number, bank account number).
6.2 If the application for withdrawal reaches the Seller after the Seller has fulfilled the order, then withdrawal from the order will be made in accordance with the “Right of withdrawal” section of the Purchase Terms and Conditions of the Online Store.
6.3 Upon withdrawal from the order, the amount paid (incl. the cost of shipping) for the purchase will be returned to the Customer by the Seller to the bank account indicated by the Customer no later than 30 days from the receipt of the application of withdrawal from the order.
Right of withdrawal
7.1 A 14-day right of withdrawal applies to contracts concluded in the Online Store. The 14-day deadline starts from the moment that the Customer receives a notice of the order having arrived at the post office or in an automated parcel terminal, in the case of a courier, upon receipt of the order at the Customer’s address.
7.2 The product to be returned must be non-defective, complete, in original packaging and unused. To use the right of withdrawal, the Customer must carefully open the product packaging without damaging it.
7.3 In order to use the right of withdrawal, the Customer must complete the Product Return Form within 14 days from the delivery of the product and return the product to the Seller within at least 14 days from the submission of the application of withdrawal.
7.4 In the event of withdrawal, the Seller shall pay to the Customer the amount paid (incl. the shipping cost) for the purchase to the payment account used for paying for the order no later than within 30 days from the receipt of the application of withdrawal, but not before the Seller has received the returned product.
7.5 The costs related to returning shall be paid by the Customer.
7.6 In the event that after the product has been returned, it is found that the product does not meet the conditions set forth in clause 7.2 of the Purchase Terms and Conditions of the Online Store, the money will not be refunded and the returned product will be deposited with the Seller. The cost of depositing or returning the product shall be borne by the Customer.
8. Returning of products that do not conform with the contractual conditions
8.1. The Seller is responsible for the products not conforming with the contractual conditions and the defects of the products, which occur within 2 years from the transfer of the products to the Customer.
8.2. If the Customer has submitted a claim of non-compliance with the terms of the contract, and up to six (6) months has passed since the purchase of the goods or a service, the Customer undertakes to prove the existence of non-conformity with the contract terms. After 6 months, however, the Customer is required to prove that a hidden defect or other non-conformity with the contract already existed when the good or service was purchased.
8.3. In case of non-conformity of the product or if defects are discovered in the product, the Customer shall complete the Product Return Form no later than within 14 days from the discovery of the product’s non-conformity or product defects or call the Seller’s contact number at +372 578 625 78.
8.4. In the event of non-conformity with the terms or a defect of the product, the Customer has the right to demand replacement of the product against a product that does not have defects and conforms to the terms or to withdraw from the order and to return a non-conforming product at the expense of the Seller.
8.5. In the event of returning a product that does not conform to the terms, the amount paid (incl. the shipping cost) for the order will be transferred to the payment account used for paying for the order no later than within 30 days from the receipt of the application of withdrawal and a notice of the intent to return the product, but not before the Seller has received the returned product. The Seller may waive the requirement of returning the product.
8.6. If the Customer has any claims regarding the goods purchased from the Online Store, they must be sent to info@jollytoys.ee. If the Customer and the Online Store can not resolve the dispute by agreement, the Customer has the right to appeal to an out-of-court dispute resolution entity, which is the Consumer Disputes Committee (www.komisjon.ee) with the Consumer Protection Board, and to the Online Dispute Resolution environment at http://ec.europa.eu/consumers/odr/ for European Union online dispute resolution. The Consumer Disputes Committee is competent to resolve disputes arising from a contract between the Customer and the Online Store. The Customer’s appeal is reviewed by the commission free of charge. The Consumer Protection Board is located at Pronksi tänav 12, Tallinn 10117, phone 6201707, info@tarbijakaitseamet.ee. The procedural rules of the out-of-court dispute resolution entity can be found at www.tarbijakaitseamet.ee.
9. Rights of the Seller in case of withdrawal from the order
9.1. The Seller has the right to withdraw from the order if:
9.1.1 The Customer does not pay the invoice on time;
9.1.2 The Customer does not pick up the products on time;
9.1.3 Ordered products are out of stock.
10. Personal data and their use
10.1. All personal data of the Customer that became known as a result of visiting and making purchases from the Online Store, will be treated as confidential. The Seller does not disclose the information it has received to a third party, except in cases prescribed by law. Upon request, the Customer has the right to request the deletion of his/her data from the Online Store’s database. Encrypted data communication channel with banks ensures the security of the Customer’s personal data and banking details. The Seller does not have access to them.
10.2. The Customer agrees for sales offers and newsletters to be sent to the address entered upon submission of the order, if the Customer has indicated such consent by making a check mark in the corresponding window on the order submission page.
11. Liability and Force Majeure
11.1. The Seller is responsible in front of the Customer and the Customer in front of the Seller, in the cases and to the extent provided for in the legislation of the Republic of Estonia, for damage caused to the other party as a result of violating these terms.
11.2. The Seller shall not be liable for damages caused to the Customer or delay in delivery of the product, if the damage or the late delivery of the product is due to a circumstance that the Seller was not able to influence and the arrival of which the Seller did not foresee or could not foresee (force majeure).
11.3. The Seller is not responsible for the expenses incurred in connection with the purchase and maintenance of data communication systems and the software of devices required for the Customer to be able to use the services of the Online Store, as well as for other expenses incurred when using the service of the Online Store.
12. Final provisions
12.1. The matters not regulated in these terms shall be governed by the laws in force in the Republic of Estonia.
12.2. It is mandatory for the Customer to read the Purchase Terms and Conditions of the Online Store.
12.3. By ticking the corresponding window “Purchase Terms and Conditions of the Online Store – I have read and agree to them”, the Customer confirms that he/she has read, understood and agreed to the Purchase Terms and Conditions of the Online Store.