1. Terms of purchase

These general and ordering terms and conditions of the E-shop (hereinafter the terms of Use) of the online store (Reg no 14631968, hereinafter referred to as seller) are valid for All persons (hereinafter the buyer) who use www.ismile.ee e-Shop (hereinafter the e-shop) to subscribe to the E-shop Goods and Services (hereinafter the goods), including by entering into a purchase contract for the purchase of goods from the E-shop (hereinafter the Sales contract).

By accepting the terms, the purchaser confirms that he or she has read and agrees to the terms and conditions of the sales contract.

It is possible to purchase goods with the “Add to Cart” link in the E-shop. The price and the availability of goods may change on a continuous and unannounced basis. If the buyer has submitted an order before the price change of the item, the price prevailing at the time of the order applies.

The seller has the right to withdraw from the sales contract concluded through the e-store and to withhold the ordered goods or to not provide the service in the following cases: the goods have run out of stock; the goods are being ordered to the e-shop warehouse and are currently not in stock; The price or properties of the goods are wrongly displayed in the e-store due to a system error.

2. Ordering

2.1 Select a suitable product from the E-shop and add it to your shopping cart

2.2 By opening the cart, you can change the product quantity or delete it

2.3 After you have selected the appropriate products, press the “Checkout” button in the cart

2.4. In the order, all cells marked with an asterisk must be filled

3. Prices and payment

3.1 All prices in ismile.ee e-store are in euros.

3.2 To make a purchase, select the product you choose from the E-store, its quantity and press the “Add to Cart” button.

3.3 In addition to adding the desired product to the basket, you may continue shopping or proceed to pay by pressing the “Pay” button in your shopping cart.

3.4 As a first step in the “Customer Information” page, you must add your contact details and your delivery address. You can save data to make the next purchase easier. To continue, press the “Delivery” button.

3.5 Nüüd saate valida endale sobiva kohaletoimetamis meetodi. Eesti siseselt on võimalik valida meetodiks Itella SmartPOST ning Omniva.

3.6 Maksemeetodite valikust leiate võimaluse tasuda Eesti internetipanga linkide või krediitkaardi kaudu. Antud lehel saate sisestada ka “arve aadressi” juhul, kui see peaks erinema teie kohaletoimetamis aadressist. Kui teie valik on tehtud siis vajutage “Kinnita tellimus” ning teid suunatakse maksemeetodit vahendava ettevõtte lehele.

3.7 The payment amount will be debited from the buyer’s card immediately upon payment of credit cards if the customer has validated the payment method on the intermediary company’s page (assuming there are no errors). 3.8 After entering the details on the payment intermediary page and confirming you will be redirected back to iSmile.ee order confirmation page.

3.9 In addition to confirming the payment, the E-store will send the buyer the order confirmation by e-mail.

3.10 All personal data that has become known during the visit and purchases of the online store is treated as confidential information. Encrypted data communication channel with banks ensures the security of the buyer’s personal data and bank details. ISmile.ee e-Shop is the controller of personal data and transfers the personal data necessary for the execution of payments to the payment centre of the authorised processor.

3.11 The contract of sale shall be deemed to have been concluded/entered into from the moment the payment arrives to Hambake OÜ bank account or after receiving confirmation about the payment from the payment processor. Unpaid order will not be fulfilled by the seller.

4. Delivery Time and transportation

4.1 The goods are delivered by the seller to the delivery method chosen by the buyer in the order. The buyer will be notified of the delivery via the contact details indicated upon completing the order.

4.2 Upon completing the order, the purchaser should monitor the correctness of the contact details to avoid delays and misunderstandings with the delivery of the goods. Hambake OÜ and The courier company are not responsible for the delay of delivery and misunderstandings, if the delay or misunderstanding is caused by inaccurate data provided by the purchaser upon completing the order.

4.3 If products are in stock, the parcel will be mailed within two working days after receiving the transfer to Hambake OÜ bank account.

4.4 Packages are delivered via Itella and Omniva to Estonia, Finland, Latvia and Lithuania.

5. Right of withdrawal

5.1 The buyer has the right to withdraw from the sales contract in the e-shop within 14 days without having to disclose the reason.

5.2 The withdrawal period shall expire 14 days after the day on which the purchaser or third party designated by the purchaser, who is not the carrier, has physically received the goods.

5.3 In order to exercise the right of withdrawal, the seller must be informed of the purchasers decision to withdraw from the sales contract with a written statement which must be sent by e-mail.

5.4 The right of withdrawal does not exist where:

5.4.1 The buyer has been supplied with a sealed item which is not eligible for return for health or hygiene reasons and which is opened after delivery (e.g. teeth whitening kit, etc.).

5.4.2 The object of the sales contract is a gift card and the unique code specified therein has already been used.

5.5 Withdrawal from a sales contract

5.5.1 upon withdrawal from the agreement, Hambake shall return to the purchaser all payments under the sales contract, including the costs of service (excluding additional costs arising from the delivery method chosen by the buyer which differs from Hambake OÜ Of the most expensive conventional service) immediately, but not later than 14 days after the date on which the seller learns of the buyer’s decision to withdraw from the sales contract.

5.5.2 Hambake OÜ will make these repayments using the same method of payment that the buyer used to make the payment.

5.5.3 the Purchaser shall return the goods to Hambake Oü immediately, but not later than 14 days after the day on which he informed Hambake oü of the withdrawal from the sales contract. The deadline is met if the purchaser returns the goods subject to the sales contract before the expiry of the 14-day period.

5.5.4 the seller has the right to refuse to make repayments until the seller has received the goods covered by the sales contract, or the purchaser has submitted evidence to the seller that he or she has sent back the goods, whichever occurs earlier.

5.5.5 if the buyer wishes to avoid any re-payment due to loss of value of the goods, the goods must be used and tried as prescribed, returned in the original package and in the initial completeness (include all items in the packaging and Gifts related to the sales agreement). If the buyer uses the goods more than is necessary to ascertain the nature and functioning of the goods or does not return the goods in the original package and the initial completeness, the purchaser shall be liable for the diminished value of the goods.

5.5.6 the direct costs of returning the goods must be covered by the buyer.

5.5.7 Diminished value of the goods to be returned is the responsibility of the buyer if he or she has used the goods in any other manner than is necessary to ascertain its nature, characteristics and functioning. In order to ascertain the nature, characteristics and functioning of the goods, the purchaser may handle and use it only as prescribed.

5.5.8 the claims arising from the decrease of the value of the goods leave Hambake OÜ entitled to submit the decreased value claim to the purchaser no later than within one month after returning the goods.

5.5.9 if the buyer has used the returned goods or has tried otherwise than intended or has used the goods more than is necessary to ascertain the nature, characteristics and functioning of the goods, the purchaser shall be liable for a reduction in the value and the seller has the right to deduct that amount from the purchase price before refunding. If the buyer does not agree with the decrease in the value indicated by the seller, he or she is entitled to contact an independent expert to determine this. The cost of an independent expert shall be covered by the party whose statement was invalid. If it proves impossible to clarify such a party, the cost of the expert assessment shall be split between the buyer and the seller.

5.6 Principles of data protection and processing

5.6.1 The seller shall ensure the buyer’s data incl. accordance with the terms and conditions of the privacy policy. The buyer confirms that he/she has read and agrees to the terms and conditions of the privacy policy. Pursuant to the applicable legislation and the terms and conditions of the privacy policy, the seller, without the buyer’s consent, has the right to process the data (including personal data) to the extent necessary for use in the online store, the fulfilment of the contract of sale or to ensure compliance. In addition, the seller has the right to send the customer notices related to the use of the services of the e-store, incl. Messages that are sent for the security of the online store users; To store the data of the buyer’s orders for the better servicing of the buyers and to certify transactions, including, within reasonable deadlines, the orders that the purchaser did not complete during the session.

5.6.2 if the buyer has given consent to make the data available for marketing purposes at the conclusion of the client agreement or in any other manner confirming its consent by the buyer (e.g. by registering), the seller will use such data in the Privacy policy with fixed terms and for the purpose, including the provision to the purchaser of personal direct marketing, promotional and promotional offers of services and goods by electronic means (such as e-mail or SMS).

5.6.3 the buyer shall have the right, at any time, to withdraw the consent granted for the use of the data by sending the seller a corresponding e-mail or, by the guidelines to unsubscribe and remove the buyers details from further direct marketing offers within the e-mail that was sent.

5.7 Liability and dispute Resolution

5.7.1 the buyer is able to invoke the legal remedies provided by law in the event of lack of conformity of the goods, including requiring replacement or withdrawal from the sales contract and returning non-conforming goods.

5.7.2 Hambake OÜ is not responsible for: the buyer’s fault for the deterioration/damage of the goods, for defects caused by the non-routine use of the goods, for the normal physical wear of the goods in the event of normal use.

5.7.3 claims related to goods purchased from the e-shop can be submitted to the e-mail address: info@ismile.ee

5.7.4 submission of the complaint shall also provide evidence of defects in the goods (e.g. pictures of the defective material).

5.7.5 Resolving the goods deficiencies shall follow the rules and procedures set out by Hambake OÜ which are part of the sales contract and have been confirmed by the buyer before accepting the sales contract.

5.7.6 Seller ensures that the goods sold in the E-shop comply with the standards in force in the European Union. The circumstances outlined in these standards shall not be considered as defects of the goods.

5.7.7 the buyer has the right to contact the competent supervisory authority, which is the National Consumer Protection Board at Pronksi 12, 10117 Tallinn, e-mail: info@tarbijakaitseamet.ee To resolve the dispute, the purchaser may apply contact the consumer protection board. The Consumer disputes Committee is competent to settle disputes arising from a contract concluded between the buyer and the seller which the parties could not settle by agreement. Additional information to resolve complaints: http://ec.europa.eu/consumers/odr/information.

5.8 Other terms and conditions

5.8.1 the product images are of illustrative significance.

5.8.2 the prices and availability of goods are subject to change without notice. In this case, Hambake OÜ reserves the right to waive the sale and return the money to the purchaser within the time reasonably necessary for its current account.

5.8.3 www.ismile.ee e-Shop reserves the right to waive the sale if any of the following problems have occurred: A human error has occurred in entering the price or a technical error in the system (for example, if the teeth-whitening kit price of EUR 700 is accidentally inserted as 70 euros, it is an obvious error. Consequently, we assume that the buyer should understand that it is an error and that the product does not belong to the sale at that price).

5.8.4 The product information is checked and refined regularly. Data may have been renewed after the buyer’s last visit. Due to the failure of manufacturer data cards, www.ismile.ee e-store product information may present inaccuracies. In this case, www.ismile.ee e-Shop assumes no responsibility for the correctness of the product data. However, before making a purchase, we advise the buyer to check the accuracy of the product information when contacting the E-shop.

5.8.5 Should there be any inconsistencies in the terms and conditions between different languages then the Estonian language version shall always prevail.

5.9 Validity of terms of use

5.9.1 These online store terms of use are valid from 08.12.2018.