1. Purchase Terms

These general and ordering terms (hereinafter the Terms of Use) of the Hambake OÜ (reg no 14631968 – hereinafter the Seller) e-store apply to all persons (hereinafter the Buyer) who use the www.ismile.ee e-store (hereinafter the e-store), order goods and services from the e-store (hereinafter the Goods), including entering into a sales contract for the purchase of goods from the e-store (hereinafter the Sales Contract).

By accepting the Terms, the Buyer confirms that they have familiarised themselves with the terms of the Sales Contract, agree with them, and will comply with them.

Goods marked with an “Add to cart” link can be purchased from the e-store. The price and availability of goods may change at any time without prior notice. If the Buyer has placed an order before the price of the goods changed, the price valid at the time the order was placed will apply.

The Seller has the right to withdraw from a Sales Contract concluded through the e-store and not hand over the ordered goods or not provide the service in the following cases: the goods are out of stock; the goods have the e-store status “On order” and have run out of stock; the price or characteristics of the goods have been displayed incorrectly in the e-store due to a system error.

2. Ordering

2.1 Choose a suitable product from the e-store and add it to the shopping cart

2.2 When you open the shopping cart you can change the quantity of the product or remove it

2.3 Once you have chosen the products you want, click “Proceed to payment” in the shopping cart

2.4 All fields marked with an asterisk in the order must be filled in

3. Prices and Payment

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

3.2 To make a purchase, choose a suitable product from the e-store, its quantity, and click the “Add to cart” button.

3.3 After adding the desired product to the cart, you can continue shopping or proceed to payment by clicking the “Proceed to payment” button in the cart.

3.4 As a first step, on the “Customer information” page you must add your contact details and delivery address. You have the option to save this data to make your next purchase easier. To continue, click the “Choose delivery method” button.

3.5 Now you can choose a delivery method that suits you. Within Estonia you can choose Itella SmartPOST or Omniva as the delivery method.

3.6 In the payment method selection you will find the option to pay via Estonian internet bank links or by credit card. On this page you can also enter a “billing address” if it differs from your delivery address. Once your choice has been made, click “Confirm order” and you will be directed to the page of the payment service provider.

3.7 When paying by credit card, the payment amount is debited from the buyer’s card immediately once the customer has confirmed the payment on the payment service provider’s page (provided no errors occurred). 3.8 After entering the details on the payment provider’s page and confirming payment, you will be redirected back to the www.ismile.ee order confirmation page.

3.9 After the payment is confirmed, the e-store also sends the Buyer an order confirmation by email.

3.10 All personal data disclosed while visiting the e-store and making purchases is treated as confidential information. An encrypted data communication channel with banks ensures the security of the Buyer’s personal data and bank details. iSmile.ee e-store is the controller of personal data and forwards the personal data necessary for processing payments to the authorised processor Maksekeskus AS.

3.11 The Sales Contract is deemed concluded/entered into force once the amount payable according to the order confirmation has been received in Hambake OÜ’s bank account, or once confirmation has been received from the payment service provider. An unpaid order confirmation will not be fulfilled by the Seller.

3.12 Montonio instalment payment – with a single application you can get an offer from several credit providers. Add the desired products to the cart and choose Montonio instalment payment as the payment method. Choose a suitable contract period and fill in the application. Through the instalment payment platform you will receive financing offers from several credit providers. Choose the offer that suits you best and sign the contract.

Instalment payment terms:

4. Delivery Time and Transport

4.1 The goods are delivered to the delivery address entered by the Buyer in the order, using the delivery method chosen by the Buyer. The Buyer will be notified about the delivery via the contact details provided when placing the order.

4.2 When placing an order, the Buyer should make sure the contact details provided are correct, to avoid delays and misunderstandings in the delivery of the Goods. Hambake OÜ and the courier company are not liable for delays in delivery of the Goods or misunderstandings arising if the delay or misunderstanding is caused by inaccurate or incorrect data provided by the Buyer when placing the order.

4.3 If the products are in stock, the parcel is dispatched no later than within two working days after the bank transfer is received in Hambake OÜ’s bank account.

4.4 Parcels are delivered to the Buyer via the Itella and Omniva parcel machines in Estonia, Latvia, Lithuania, and Finland.

5. Right of Withdrawal

5.1 The Buyer has the right to withdraw from a Sales Contract concluded in the e-store within 14 days, without giving a reason.

5.2 The withdrawal period ends 14 days after the day on which the Buyer, or a third party indicated by the Buyer who is not the carrier, physically takes possession of the goods.

5.3 To exercise the right of withdrawal, the Seller must be informed of the decision to withdraw from the Sales Contract by a written statement, which must be sent by email.

5.4 The right of withdrawal does not apply if:

5.4.1 The Buyer has been delivered Goods in sealed packaging which are not suitable for return for reasons of health protection or hygiene and which have been opened after delivery (for example a teeth whitening kit, etc.)

5.4.2 The object of the Sales Contract is a gift card and the unique code stated on it has already been used.

5.5 Withdrawal from the Sales Contract

5.5.1 Upon withdrawal from the contract, Hambake OÜ will refund the Buyer all payments received from them under the Sales Contract, including delivery costs (except for additional costs arising from the Buyer’s choice of a delivery method other than the cheapest standard delivery method offered by Hambake OÜ), without delay and no later than 14 days from the day the Seller is informed of the Buyer’s decision to withdraw from the Sales Contract.

5.5.2 Hambake OÜ will make such refunds using the same payment method that the Buyer used for the original transaction.

5.5.3 The Buyer must return the goods to Hambake OÜ without delay, but no later than 14 days from the day on which they informed Hambake OÜ of their withdrawal from the Sales Contract. The deadline is met if the Buyer returns the Goods that are the object of the Sales Contract before the 14-day period expires.

5.5.4 The Seller has the right to refuse to make refunds until the Seller has received the goods that are the object of the Sales Contract back, or the Buyer has provided proof that they have sent the Goods back, whichever occurs first.

5.5.5 If the Buyer wishes to avoid compensating for a decrease in the value of the goods, the Goods must be used and tried only as intended, and must be returned in their original packaging and with their original set of contents (including all items included in the product packaging and any gifts related to the Sales Contract). If the Buyer uses the Goods more than necessary to establish their nature and functioning, or does not return the Goods in their original packaging and original set of contents, the Buyer is liable for the decrease in the value of the Goods.

5.5.6 The direct costs of returning the Goods must be covered by the Buyer.

5.5.7 In the event of deterioration of goods subject to return, the Buyer is liable for any decrease in value resulting from the use of the goods if they have used the goods in a manner other than necessary to establish their nature, characteristics, and functioning. In order to establish the nature, characteristics, and functioning of the goods, the Buyer may only handle and use them as intended.

5.5.8 Hambake OÜ has the right to submit claims to the Buyer arising from a decrease in the value of the goods no later than one month from the return of the goods.

5.6 Data Protection and Processing Principles

5.6.1 The Seller ensures the protection and use of the Buyer’s data, including personal data, in accordance with the procedure set out in the terms of the privacy policy. The Buyer confirms that they have read and agree with the terms of the privacy policy. Based on applicable legislation and the terms of the privacy policy, the Seller has the right, without the Buyer’s consent, to process data (including personal data) to the extent necessary for use of the e-store, for performance of the Sales Contract, or to ensure performance of the Sales Contract. Among other things, based on the foregoing, the Seller has the right, without separate consent, to: send the Buyer notices related to the use of the e-store’s services, including notices sent in the interest of the security of e-store users; retain, for the purpose of better serving Buyers and proving transactions, the order data of a Buyer who has logged into the e-store, including, for a reasonable period, data on orders which the Buyer did not complete during their session.

5.6.2 If, when entering into the Customer Agreement or otherwise, the Buyer has given consent confirming their wish (for example by registering) for their data to be used for marketing purposes, the Seller will use this data under the terms and for the purposes set out in the privacy policy, including to send the Buyer personalised direct marketing, campaign, and special offer communications for services and goods by electronic means (e.g. by email or SMS).

5.6.3 The Buyer has the right, at any time, to withdraw the consent given for the marketing use of their data, by sending the Seller a corresponding email, or to decline to receive further direct marketing offers by following the instructions included in the direct marketing offer sent to their email address.

5.7 Liability and Dispute Resolution

5.7.1 In the event of non-conformity of the goods with the terms of the contract, the Buyer may rely on the legal remedies set out in law, including demanding replacement of the goods or withdrawing from the Sales Contract and returning the non-conforming goods.

5.7.2 Hambake OÜ is not liable for: deterioration/damage to the goods caused by the Buyer’s fault, defects arising from improper use of the goods, or normal physical wear of the goods under normal use.

5.7.3 Complaints related to goods purchased from the e-store can be submitted to the email address: info@ismile.ee

5.7.4 When submitting a complaint, evidence of the defect in the goods must also be provided (e.g. photos of the defect).

5.7.5 Resolution of defects in the goods is based on Hambake OÜ’s complaint submission terms, which form an integral part of the Sales Contract and these purchase terms and are confirmed by the Buyer before the Sales Contract is concluded.

5.7.6 The Seller guarantees that the goods sold in the e-store comply with the standards in force in the European Union. Circumstances set out in these standards are not considered a defect in the goods.

5.7.7 The Buyer has the right to contact the competent supervisory authority, which is the Estonian Consumer Protection and Technical Regulatory Authority, address Pronksi 12, 10117 Tallinn, email: info@tarbijakaitseamet.ee To resolve a dispute, the Buyer may also turn to the Consumer Disputes Committee. The Consumer Disputes Committee has jurisdiction to resolve disputes arising from a contract concluded between the Buyer and the Seller which the parties were unable to resolve by agreement. Further information on resolving complaints is available at http://ec.europa.eu/consumers/odr/.

5.8 Other Terms

5.8.1 Product images are illustrative.

5.8.2 The prices and availability of goods may change without prior notice. In such a case, Hambake OÜ reserves the right to cancel the sale and refund the Buyer’s money to their bank account within a reasonable period of time.

5.8.3 The www.ismile.ee e-store reserves the right to cancel a sale if one of the following problems has occurred with the goods: a human error in entering the price or a technical error in the system (for example, if a teeth whitening kit worth €700 is listed for sale at €70, this is clearly an error. We therefore assume that the Buyer should understand that this is an error and that the product is not intended to be sold at such a price).

5.8.4 Product information is checked and updated regularly. Data may have been updated since the Buyer’s last visit. Due to incomplete manufacturer data sheets, inaccuracies may occur in the product information in the www.ismile.ee e-store. In such a case, the www.ismile.ee e-store does not accept liability for the accuracy of the product data. We nevertheless recommend that the Buyer, where possible, verify the accuracy of the product information by contacting the e-store before making a purchase.

5.8.5 In the event of any discrepancies and/or errors in translations of the Terms of Use into other languages, the Estonian-language version shall always prevail.

5.9 Validity of the Terms of Use

5.9.1 These e-store terms of use are valid from 08.12.2018.