General Terms for Ordering Health Products
1. Validity of terms
1.1. These terms for ordering health products (hereinafter referred to as the “Terms”) govern the legal relations created between Ecosh Life OÜ (hereinafter referred to as the “Health Store”), the owner of the shopping environment https://ecosh.com (hereinafter referred to as the “Online Store”), and the person placing an order (hereinafter referred to as the “Purchaser”) when health products (hereinafter referred to as “Product”) are bought.
1.2. The matters not regulated by the Terms and Conditions of the Online Store shall be governed by the laws in force in the Republic of Estonia.
1.3. The Health Store has the right to change these Terms and Conditions. The changes and additions to the Terms and Conditions are communicated via the Online Store. Changes to the Terms and Conditions shall come into force upon publication of the corresponding amendment or supplement in the Online Store or at any other time specified in the Terms and Conditions.
1.4. If the order has been submitted to the Health Store before the entry into force of the changes to the Terms and Conditions, the Terms and Conditions that were in force when the legal relationship started between the Purchaser and the Health Store, as a result of an order being placed, shall apply, except as otherwise provided in the Terms and Conditions.
1.5. The Health Store has the right to change the prices of the Products sold at the Online Store at any time, unless otherwise provided in the Terms and Conditions.
1.6. If you have added Products to the shopping cart but have not yet submitted an order to the Health Store, and if the price of the Products changes after that, then when submitting an order to the Health Store, you have to pay for the Products the price that is valid at the time the order is placed at the Health Store.
2. Prices and fee for delivering
2.1. The price shown next to the Product at the Online Store shall apply to the Product sold at the Online Store.
2.2. All prices displayed in the E-store are in Euros (€).
2.3. Delivery prices include VAT of 20%.
2.4. When the VAT rate changes, the price of the Product and the delivery fee will be adjusted by the change in the VAT rate.
2.5. The price of the Product does not include the charge for the delivery of the Product. The delivery fee depends on your chosen delivery method. Delivery prices and methods are available here.
3. Shopping cart and submitting an order
3.1. The shopping cart will be created at the moment when you click the “Add to cart” button by the Product. Adding a Product to the shopping cart does not oblige you to buy the Product. You can change the contents of the cart at any time until you confirm the order, and you can add or remove Products.
3.2. To submit an order in the Online Store’s ordering environment, click on the “Checkout” button on the shopping cart page, after which it is necessary to confirm the acceptance of the Online Store’s Terms and Conditions, to enter your personal data necessary for shipping the Product to you and for creating an invoice, and to choose the delivery option and the Internet bank you wish to use to pay for the order.
3.3. The order is deemed confirmed if you have paid for the order formalised in the Online Store using Internet banking and have clicked on the button “Back to the merchant”, after which you will be shown an order/payment confirmation by the Online Store. The customer will also receive a confirmation of the order from the Online Store to the e-mail address that he/she entered when ordering.
3.4. After the order is confirmed, the order is sent to the Health Store for completion and delivery according to your chosen delivery method.
3.5. When entering the delivery location, carefully review the information provided and make sure that all required information is provided and correct. The information you provided is the basis for us to complete the order and deliver the Products.
3.6. A Purchaser can be a person with active legal capacity or a legal person with passive legal capacity. By submitting an order, the Purchaser confirms that he/she has the necessary active or passive legal capacity and/or authority to carry out the transaction. A Purchaser who is a person with limited active legal capacity (i.e. a person under 18 years of age) confirms that he/she agrees to the Terms, that his/her legal representative has given him/her consent to make the transaction and to use the funds necessary for it.
3.7. The person who concludes the sales contract for the Products is the person who pays for the Products.
3.8. A sales contract of the Products is deemed to have been concluded (entry into force of the contract) when a confirmation regarding the order made based on the shopping cart is sent to the e-mail address entered by the Purchaser.
4. Fulfilling of the order by the Health Store, delivery of the Products, and the impossibility of delivery of the Products
4.1. If you have paid for the Products (confirmed the order), the order will be sent to the Health Store that will check the order details and will arrange the order fulfilment according to the chosen method of delivery no later than within three working days after confirmation of the order, unless compliance with the term is impossible for one of the reasons specified in the Terms.
4.2. Upon payment for the Products, the Products will be delivered to you at the place of delivery that you selected when completing the order.
4.3. Delivery time is usually about 3-7 days, but may take longer depending on the destination country, but not longer than 14 days. For detailed delivery times, contact firstname.lastname@example.org.
4.4. The item will be delivered to the shipping address that you chose when completing the order. Changing the destination later is not possible.
4.5. Please check the correctness of the data you submit to avoid delays and misunderstandings when delivering the Products. The Health Store and the supplier of the Products 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 you when making the order.
4.6. Before using the product, carefully read the instructions of the Product, if available, the package leaflet and the explanatory labels for use provided on the package.
4.7. With agreeing to the Terms, the Purchaser agrees that if the Purchaser does not pick up the Products from the automated parcel terminal within the period specified by the postal service provider, the Products will be returned to the Health Store. The cost of the returned Product or the delivery fee will not be reimbursed to the Purchaser by the Health Store.
4.8. In case the Purchaser has not received the Products due to the reasons specified in clause 4.7, the Purchaser has the right to contact the Health Store and request the Products to be re-delivered if the Health Store has not disassembled the Products contained in the package or destroyed the Products. If the Products packaged for the Purchaser are still unpacked and not destroyed in the Health Store, the Health Store will make a new attempt to send the Products to the Purchaser; the Purchaser will not have to pay for the Products again but must pay the delivery fee.
5. Paying for Products
5.1. You can pay for Products ordered in the Online Store according to the chosen payment method.
5.2. To make a payment in the Online Store’s ordering environment, please pick either Bank Transfer, PayPal or Credit Card payment on the ordering page. PayPal payments are processed by PayPal payment gateway, Credit Card payments are processed by Maksekeskus AS. If you’re opting to pay by bank transfer, Health Store will send you the necessary details by email.
5.3. After entering the data and choosing the appropriate payment method, press the button “Place order.”
5.4. The item has been paid for and the order placed in the Online Store’s ordering environment is deemed approved if you have paid for the order using PayPal and clicked the “Return to merchand” link or if you have transferred required amount to Ecosh Life OÜ bank account. In addition, an order confirmation from the Online Store will be sent to the e-mail address entered by the Purchaser. If you do not receive a message from the Online Store confirming the order within one business day after making the payment, please contact the Health Store.
5.5. Your personal data processor is Ecosh Life OÜ. Ecosh Life OÜ will provide your personal data that is required to process payments to Maksekeskus AS.
6. Cancellation of the order, submission of complaints and returning of the Products
6.1. Upon receipt of the Products, the Purchaser (the person who signed the sales contract referred to in clause 3.7) has 14 days to become familiarised with the Products. If the Purchaser wishes, he/she has the option to return the Products within the abovementioned term (withdrawal from the contract) by sending a message to this effect to the Online Store’s address at email@example.com with the order number and his/her current account number and by returning the Products at his/her own expense to Ecosh Life OÜ, Kadaka tee 4, Tallinn 10621, Harju County.
6.2. Subject to Subsection 53 (4) 41) of the Law of Obligations Act, Products with opened packaging (i.e. the Purchaser loses the right of withdrawal specified in clause 6.1) and used or damaged Products (incl. Damaged packaging) shall not be returned, except if the packaging has been damaged during transportation and upon receipt of the Products by courier service or post office, a notice to that effect has been made on the delivery note, or if accepting Products arriving at the automated parcel terminal, the Health Store has been promptly notified of the receipt of Products with damaged packaging.
6.3. In the event of withdrawal from the contract in the case provided for in clause 6.1, the amount paid for the purchased products shall be refunded, shipping costs will not be refunded.
6.4. Money for the returned Products shall be repaid to the account of the Purchaser or another person specified by the Purchaser within 14 days from the date of receipt of the withdrawal notice by the Health Store, provided that the Products have been returned in the same time period to the address specified in clause 6.1.
6.5. Returned Products must contain all items contained in the packaging of the Products. If the Product has been purchased during a campaign, additional products received thanks to the campaign must be returned as well.
6.6. The Purchaser has the right to submit complaints regarding the Health Store’s Products within two years after the delivery of the Products to the Purchaser. In the case of consumer sales, it is presumed that the non-conformity of the contractual conditions encountered during six months after the date of delivery to the Purchaser were present at the time of delivery of the Products, if such a presumption does not contradict with the nature of the Products or the defect.
6.7. If the Purchaser wishes to submit a claim regarding the non-compliance of the Products with the terms of the contract, it must be submitted to the Health Store within two months from the day you became aware that the Products are not in compliance with the terms of the contract. The complaint will be addressed to firstname.lastname@example.org.
6.8. If a complaint is filed regarding the non-compliance of the Products, the Health Store will review the complaint within 14 days of receipt of the complaint.
6.9. In case the Health Store agrees to the claim, the Health Store will replace the defective Products with the same non-defective Products; if the replacement of the Products is not possible (the Products are not in the Health Store, the Products are no longer manufactured, etc.), the Health Store will return the purchase price paid by the Purchaser to the account specified by the Purchaser for defective Products within 14 days from receipt of the complaint. The delivery cost of the Products shall not be refunded by the Health Store. In the case of replacing defective Products, the non-defective Products shall be delivered to the automated parcel terminal chosen by the Purchaser when ordering.
7. Warranty and returning non-compliant Products
7.1. The Products are covered by a warranty if indicated in the text introducing the Product in the Online Store or relevant reference is included in the documentation accompanying the Products. The duration and conditions of the warranty are included in the accompanying documents.
7.2. In case of a guarantee event, please contact the Health Store by e-mail email@example.com or at the address Ecosh Life OÜ, Kadaka tee 4, Tallinn, 10621, Harju County, or contact the person responsible for warranty enquiries (product importer) indicated in the documentation accompanying the Products.
7.3. If there is no reference to the warranty on the Product, it means that there is no warranty for the respective product. In this case, you are entitled to use the remedies provided by law, including requiring the repair of the Products or, if this is impossible, the replacement of the Products; in case of significant non-compliance, you are entitled to withdraw from the contract and demand the return of the money paid for the Products.
7.4. The risk of damage and destruction of Products is transferred to the Purchaser upon delivery of the Products, which means the delivery of the Products to the place of delivery desired by the Purchaser (for example, an automated parcel terminal).
7.5. The Health Store is not responsible for defects in the Products that arose after the delivery of the Products in a manner specified in clause 7.4 as well as for deficiencies which arise in the Products due to non-targeted or improper use of the Products or due to the normal wear and tear of the Products in normal use.
7.6. In case of non-compliance or defect of the Products you have the right to demand the elimination of the defect in the Products or, if that is impossible, demand for it to be replaced for Products that are compliant and without defects by notifying the Health Store within the deadline specified in clauses 6.6 and 6.7 and returning the non-compliant Products to the address specified in clause 6.1.
8. Liability and Force Majeure
8.1. The Health Store is responsible in front of the Purchaser and the Purchaser in front of the Health Store, in the cases and to the extent provided for in the legislation of the Republic of Estonia, for direct damage caused to the other party as a result of violating the Terms.
8.2. The Health Store is not responsible for the damage caused to the Client if delivery of the Product is delayed due to circumstances that the Health Store could not influence and the arrival of which could not have been foreseen, including due to delays in delivery caused by potential technical failures in the Online Store (force majeure).
9. Final provisions
9.1. The images displayed in the Online Store next to the Products have an illustrative meaning. The Purchaser is not entitled to return the Products because the photo of the Product packaging presented at the Online Store does not correspond exactly to the delivered Product packaging, if in other respects the Product complies with the order and in respect to the name, quantity, and characteristics corresponds to the information displayed with the Product.
9.2. The availability of Products in the Online Store may change without notice. If the Purchaser has paid for the Products and the Health Store is unable to deliver it to the Purchaser due to the Health Store running out of the Product, the Health Store has the right to withdraw from the sale and return the money to the Purchaser to his/her current account within 14 days.
9.3. All personal data of the Purchaser that became known as a result of visiting and making purchases from the Online Store, will be treated as confidential. The Purchaser also confirms that he/she authorises the processing of personal data entered into the Online Store by him/her to the extent necessary for the execution of the order, including the Purchaser authorises the Health Store to pass on the Purchaser’s personal data to the persons involved in the execution of the order (e.g. delivery service providers).
9.4. The disputes between you and the Health Store arising as a result of ordering and purchasing the Products will be resolved through negotiations. If the negotiations do not produce the desired results or if you do not agree with the solution offered by the Health Store and find that your rights have been violated, you have the right to file a complaint with the Consumer Disputes Committee through the Consumer Protection Board or with the court. Turning to the Committee is free of charge for the consumer and the consumer can lodge a complaint by him or herself or through a representative. The Consumer Disputes Committee information is available on the Consumer Protection Board’s website: http://tarbijakaitseamet.ee.
The Consumer Disputes Commission is an out-of-court body with the Consumer Protection Board that resolves disputes between consumers and traders, located at Pronksi 12, 10117 Tallinn, phone +372 6201 920; the rules of procedure of the Consumer Disputes Commission are available on the Consumer Protection Board’s website at: https://www.tarbijakaitseamet.ee/et/tarbijavaidluste-komisjon.
9.5. In addition to clause 9.4, a customer that is a natural person has the right to submit a complaint concerning distance selling through the European Union’s online environment called the Online Dispute Resolution at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ET. In particular, the Internet-based dispute resolution platform, i.e. the ODR platform, is designed for resolving cross-border disputes by allowing the consumer to more easily locate a specific out-of-court dispute resolution unit in the country of the trader. In Estonia, assistance and advisory services for resolving cross-border disputes through the platform are provided by the European Consumer Centre of Estonia of the Consumer Protection Board.
9.6. All descriptions, photographs, and other information contained on the Online Store’s website are copyrighted and it is prohibited to copy or otherwise use these without the consent of the owner of the Online Store.