Changes to Terms and Conditions

1. GENERAL INFORMATION

1.1 The response time for letters is up to 5 working days. If you have any questions or would like to know more about your order, please feel free to contact customer service.

1.2 Payments are accepted in EUR.

1.3 This website is managed by Profoils OÜ

2. ORDERING

2.1 You can order products from our online store without registering, but additional discounts may apply to registered users. The system is safe and convenient to use, and personal data is protected by us.

2.2 To place an order, you must complete the following steps:

1) Add the appropriate product/products to the shopping cart;

2) Proceed to the shopping cart by pressing the shopping cart button at the top of the page;

3) Fill in the requested fields, select the appropriate shipping and payment method;

4) Read the Terms of Purchase and Sale and, if you agree, confirm your consent;

5) Click the “Place order” button and make payment for the order.

Now all that’s left to do is wait until you receive an order confirmation by e-mail and your order will be completed.

3. PAYMENT

3.1 After paying for your purchase, be sure to click the “Return to merchant” button.

3.2 You can quickly and securely pay for your order on our website via bank links, installment partners and invoice/e-invoice.

3.2.1 We support the following bank links: Swedbank, SEB, LHV bank, Luminor bank and COOP bank. Payments are mediated by the Montonio payment intermediary service.

3.3 The order will be processed as soon as your payment has been 100% credited to your current account.

3.4 The buyer will bear the service fees associated with payments.

4. DELIVERY

4.1 If you have successfully paid for your goods, you will receive an email with the message “order confirmed” with detailed information. If you have not received this email, please contact customer service. After that, your order will be processed. Once the goods are complete, they will be sent to you and you will immediately receive an email with the message “Your order has been sent”.

4.1.1 NB! Shipping/delivery does not take place on public holidays.

4.2 You can find out the exact and up-to-date delivery methods and their costs on the Transport information page.

4.3 If the customer does not pick up the package on time and it is returned to Profoils OÜ , the customer is obliged to pay the costs associated with the return and, if desired, the cost of re-posting. If the customer has ordered the goods to be picked up at the representative office, the customer is obliged to pick up the goods within 3 calendar months. If you fail to pick up the goods, the order will be canceled and the amount paid for the order will not be refunded.

5. RIGHT OF WITHDRAWAL

5.1 The customer has the right to withdraw from the contract within 14 days of receipt of the ordered goods without giving a reason and to exchange or return the goods. In the event of withdrawal from the contract, the customer must return the goods immediately, but not later than within 14 days.

5.2 The goods may be tried on and examined to ensure their suitability or non-suitability, but during the trial period, minimal impact on the goods and their packaging must be ensured. Trial means equivalent use as is customary in retail establishments before making a purchase.

5.3 The returned product must be in its original packaging, with original markings and in the same condition as when it was delivered to the customer. If the packaging of the goods can be opened without damaging the packaging, the customer undertakes to open the packaging in this way. If the original packaging of the goods is damaged or if the use of the goods during the trial period exceeds the reasonable extent necessary to familiarize yourself with the goods or if the returned goods are not in a condition similar to a new similar goods, the Seller has the right to unilaterally deduct compensation corresponding to the decrease in the value of the goods from the amount to be refunded to the Customer. The amount of compensation is determined each time based on the extent of the possible decrease in the value of the returned goods and the Customer will be informed of the amount of compensation as soon as possible after determining the amount of compensation.

5.4 The costs of returning the goods shall be borne by the Buyer, unless the reason for the return is that the item to be returned does not correspond to the order (e.g. a wrong or defective item).

5.5 The Buyer must return the goods within 14 days of submitting the application or provide proof that he or she has handed over the goods to the carrier of the goods within the aforementioned period.

5.6 Upon receipt of the returned goods, the Online Store shall refund to the Buyer immediately, but no later than 14 days after receipt of the withdrawal form, all fees received from the Buyer under the contract.

5.7 The Online Store may refuse to make refunds until the item that is the subject of the contract has been returned or until the Buyer has provided evidence that the item has been returned, depending on which occurs first.

5.8 If the Buyer has expressly chosen a delivery method other than the cheapest standard delivery method offered by the Online Store, the Online Store is not required to refund the Consumer the cost that exceeds the cost associated with the standard delivery method.

5.9 The Online Store has the right to withdraw from the sales transaction and demand the return of the goods from the Buyer if the price of the goods in the Online Store has been indicated significantly below the market price of the goods due to a mistake.

5.10 To withdraw from the goods, the customer must fill out a withdrawal form, info@profoils.eu

5.11 After submitting the application, you can send the goods to Nautica Smartpost, DPD or Omniva parcel machine at +372 5022841.

5.12 The period for submitting claims is 2 years. It should be noted that if the goods become defective within 6 months of purchase, it is assumed that they already existed at the time of purchase, unless the seller proves otherwise. After the 6-month period has passed since the purchase of the goods, the consumer must prove that it is a manufacturing defect, not a defect caused by the consumer’s own incorrect use.

5.13 The buyer has the right to contact the online store within two months of the discovery of a defect by sending an e-mail or calling: +372 5022841. The online store will respond to the consumer’s complaint in writing or in a form that allows written reproduction within 15 days.

5.14 If the ordered goods cannot be delivered due to the end of the goods or for another reason, the buyer will be notified as soon as possible and the money paid (including the costs of delivering the goods) will generally be returned within 1-2 working days. Depending on the payment method, receipt may take up to 7 working days.

6. DATA PROTECTION

6.1 The customer’s personal data is processed in accordance with the Personal Data Protection Act.

6.2 OÜ Color byTäht collects the consumer’s personal data when creating a customer account and/or placing an order.

6.3 The personal data processed are the consumer’s name, e-mail address, mobile phone number and consumption preferences.

6.4 OÜ Color byTäht uses personal data to provide, further develop and personalize services to the Consumer. The aforementioned services primarily include the sale of goods to Consumers in the online store and the organization of personalized offers.

6.5 By entering data in the online store and with the corresponding confirmation, the Consumer grants the right to collect and process the Consumer’s personal data and to transmit the necessary data to the logistics partner for the delivery of the goods.

6.6 OÜ Color byTäht has the right to use the Consumer’s residential or location address to send advertising and other information to the Consumer.

6.7 The Consumer has the right to prohibit the collection and use of his or her personal data at any time, except if it is necessary to collect a claim arising from the contract or to deliver the goods. The aforementioned consent to the use of personal data cannot be withdrawn retroactively.

6.8 The use of electronic personal data for direct mailing only occurs if the Consumer has given consent for this on the Profoils OÜ website.

6.9 Encrypted data communication with banks when paying for purchases ensures the security of the Consumer’s personal bank details and  Profoils OÜ does not have access to them.

6.9.1 Profoils OÜ does not transfer personal data received about the Customer to third parties.

6.10 Profoils OÜ has the right to forward the Customer’s Facebook Messenger campaigns, news and notifications related to orders.

7. OTHER TERMS

7.1 LIABILITY AND FORCE MAJEURE:

7.1.1 Profoils OÜ is liable to you and you are liable to Profoils OÜ for damage caused to the other party by a violation of these terms and conditions in the cases and to the extent provided for in the legislation in force in the Republic of Estonia.

7.1.2 Profoils OÜ is not liable for any damages caused to you or for any delay in the delivery of the product if the damage or delay in the delivery of the product is due to a circumstance that Profoils OÜ could not influence and the occurrence of which Profoils OÜ did not foresee and could not foresee (force majeure).

7.2 BREACH OF OBLIGATIONS:

7.2.1 A breach of obligations is a failure to fulfill the terms of the order or improper fulfillment of the terms, including delay in fulfillment.

7.3 LEGAL REMEDIES IN THE EVENT OF BREACH OF OBLIGATIONS:

7.3.1 If the online store has violated its obligations, the customer may:

1) demand fulfillment of the obligation;

2) refuse to fulfill its obligation;

3) demand compensation for damages;

4) withdraw from the contract or cancel the contract;

5) reduce the price;

6) in case of delay in fulfilling a financial obligation, claim interest on late payment.

7.3.2 In the event of a breach of obligation, the Client may use separately or together all legal remedies arising from the law or contract that can be used simultaneously, unless otherwise provided by law or contract. In particular, the use of a legal remedy arising from a breach of obligation does not deprive the Client of the right to claim compensation for damage caused by the breach of obligation.

7.3.3 The Client may not rely on a breach of obligation by Profoils OÜ or use legal remedies arising from it to the extent that the breach was caused by its own act or a circumstance or event arising from it, the occurrence of which it bears the risk of.

8. COUPONS, DISCOUNT CODES AND REWARD POINTS

8.1 Coupons and discount codes can be used by all users, if the user has received one.

8.2 Coupons and discount codes are distributed on the HairByTäht Facebook fan page and, in the case of a registered user, by e-mail.

8.3 To use a coupon or discount code, add the desired products to the shopping cart and write the code in the discount code box in the shopping cart and press the ADD button, the system will automatically calculate the discount.

8.4 Coupons and discount codes have an expiration date and this information can be found at the same time as you receive the coupon.

8.5 You cannot use two coupons at the same time.

8.6 The coupon can be used as an additional discount on a discounted product, if the coupon allows it.

8.7 Reward points are earned by each user without registration, based on their e-mail. If the subscriber’s e-mail address is different for orders, the points will also accumulate on different accounts. It is safer to register an account so that the points are not scattered across different e-mails.

8.8 The coefficient for earning reward points is 10 points for every €1 spent

8.9 The coefficient for using reward points, 100 points gives you a €1 shopping cart.

8.10 Reward points are rounded up to the nearest half of the total amount.

8.11 Reward points cannot be withdrawn for cash or exchanged for discount coupons.

8.12 Reward points expire within 3 months.

8.13 By registering a user account, you will earn 200 reward points (€2) as a purchase money for your next order.

8.14 Reward points can be used up to 50% of the shopping cart amount at a time.

9. CUSTOMER RIGHTS IN DISPUTE RESOLUTION

9.1 Issues not separately resolved in these terms and conditions shall be governed by the legislation in force in the Republic of Estonia.

9.2 To resolve disputes, the customer may contact the European Union’s consumer dispute resolution platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ET), the Consumer Protection and Technical Surveillance Authority (https://www.ttja.ee/et/tarbijale/kaebuse-esitamine) or the court.

If you have any questions, please contact info@profoils.eu or call +372 5022 841