USER AGREEMENT

1.   INTRODUCTION

This Agreement sets the terms and conditions (further referred to as The “Terms”) for using the internet service (further refrred to as the “Service”) of Wool & Yarn OÜ / www.rarewool.com (further referred to as the “Seller”, the “Service Provider”). Each person (further refferred to as the “Customer”) who uses the Service, registering or not registering as the User, accepts and obliges to fulfill the Terms.

Service Provider’s data: Wool & Yarn OÜ / www.rarewool.com/ , Suur tn 91, 48306 Jõgeva city, Jõgevamaa, Estonia, EU. company code 11980817.

All rights pertaining to www.rarewool.com belong to the Service Provider (including the text. Logos, photos, all parts of the graphics and design, pertinent software, database, etc.) and are the property of Wool & Yarn Ltd and are protected by pertinent international legislation.  The Customer obliges to use the above mentioned property for the gesignated purpose only. All copying, changing and/or other illegal and unlawful use of the Service Provider’s above mentioned property is prohibited and the Service Provider reserves the right to prosecute wihtout further notice to the offender.

The Service is constructed in a way to allow independent use of the Service via the Shopping Cart and the invoices with the shipping charge will be generated and issued automatically. The Service Provider will gladly answer all queries concerning the Service or the goods/products on sale. All, queries are welcome via the Service or by contacting the Service Provider at:

info@rarewool.com > our customer service is open Monday to Friday E-R,10.00.-17.00. (time zone GMT +2) (generally queries are answered  within kui 1-2 workdays);

more urgent questions are taken on +372 5343 6590.

2.   CHANGES

The Service Provider has the right to make changes in the Service without further notice.

The Service Provider has the right to change this User Agreement without further notice to the Customer/User. The Customer approves the changes by using the Service after the change.  No changes will be retrospective. The Service provider reserves the right to stop the Service due to technical reasons or to terminate the Service without further notice.

3. USE AND REGISTERING AS USER

The Service can be used without registering as a User. In such case contact information required by the Service must be given, user Terms must be agreed to and a suitable payment method to effect the payment must be chosen. User bonuses (base discount plus further discounts based on accumulated purchase volume) are not available to non-Users. For a purchase over and above certain volume levels one-off discount is given.

User registration. User registration and being a User is free of charge and does not involve any direct or indirect obligations. Only data needed for the provision of complete Service is required. Data required may vary depending on User’s chosen payment method, delivery method, etc. Registering and beinga User does not involve any direct or indirect obligations. Only data needed for the provision of complete Service is required. Please do not expose your User account details to third parties. You have the sole responsiblity for the safety of your User account as well as all activities on your User account. The User is obliged to immediately inform the Service Provider of any use of his User account by a third party. The Service Provider holds no responsiblity for any damage resulting from the use of the User account by a third party.

Upon registering as a User the Customer agrees to provide correct required data and obliges to renew the data in order to guarantee the correctness and completeness of User data. The User agrees to the Service Provider’s keeping and using the data for providing the Service as well as for activities auxiliary to the Service. The Service Provider is allowed to send the User information about the Service.

The fixed discount for the User starting from the second purchase is 5% on the list price of all goods and services offered via the Service.

Additionally A user can access the history of the activities within the Service and using the Service is faster and easier without the necessity to enter his data for each transaction. Additional discounts are available upon reaching cumulative purchase volumes. (See “Bonuses”).

Both physical and juridical persons are welcome to register as a User. In case of a juridical person the data of the authorised person are requested in addition to the data of the juridical person. In addition to the juridical address a delivery address is required (if different), company code and VAT code (if applicable). The Service Provider reserves the right to send obtain excerpts from the registries from the country of residence of the juridical person and check the data submitted by the User.

The Service provider reserves the right to refuse to register a Customer and close the User account without further notice. The Service Provider will do this discriminately and the User has the right to request explanation. The Service provider is not obliged to offer explanation for a refusal to register a Customer as a User or for a decision to close the User account but can volunteer to do so.

4.   USE OF PERSONAL DATA

The Customer’s privacy is important. Hence the Customers should take time to read this paragraph, where the collection, use, disclosure, and keeping of personal data is explained. Further questions to the Service Provider are welcome.

Personal data are data that can be used for identification or contacting a person. Personal data are collected when the Service is being used or during the registration as a User, i.e. during a phase of creating the customer relationship.

Application of User data. Data given during registration as a User and/or the use of the Service will be saved by the Service Provider in the registry. Only data needed for providing the full Service are requested. Obligatory data are marked with an asterisk. Requested data may vary depending on User’s payment method, delivery preference, etc. By entering personal data and using the Service the User agrees to the Service Provider’s keeping and using the personal data during the required period.

The Service provider obliges to not disclose the personal data to third parties and to keep and process the data in secure environment, which cannot be accessed by third parties. The personal data can be accessed only by authorised personnel with proper user codes and passwords.

The Service Provider reserves the right to disclose the personal data to the degree necessary for providing the User with a full Service. The personal data will be disclosed also to persons processing the data as requested by the Law, or to persons whose right to access access personal data is granted by the Law or in case the disclosure is required for the protection of the User or for the protection another persons’s life, health or liberty.

The Service Provider has the right to check the User’s data in the interest of providing the Service.

The User has the right to check his personal data via the Service, also to change or remove data as he deems necessary. The User also has the right to send information concerning data change or termination of the User account in writing to the Service Provider outside the Service (see Service Provider’s contact information) and the necessary changes/termination will be performed by the Service Provider.

The Service Provider will employ various preventive measures- including administrative, technical and physical- against possible loss, theft, misuse of the personal data as well as against unauthorised access, disclosure, change and destruction of the personal data.

5. USER RESPONSIBILITIES AND OBLIGATIONS

The User is responsible for all activities performed via the use of the username and password and the compliance of these activities with the terms and conditions of this Agreement. The User obliges to not disclose information enabling to log in to his User account to third parties.

The User is responsible for the correctness of the personal data and for changing and updating the data.

The User is fully responsible for the expenses of the procurement, maintenance and security of the hardware, software and IT systems enabling him to use the Service as well as other costs in connection with the use of the Service. The Service Provider cannot be held responsible for possible tone changes and other screen settings that may cause differences between the product’s electronic image and its actual physical viewing.

The User is fully responsible for the damages caused to the Service Provider, other Users or third parties by using the Service in contradiction with this Agreement, the Law or general good practice.

The User outside the Republic of Estonia is fully responsible for the declaration and timely payment of all taxes and duties according to the legislation of his country of residence arising from the use of the Service.

The User obliges to use the Service only in accordance with applicable legislation and general good practice. The User obliges to not use the Service to mediate or forward via the use of the Service any unlawful content/activities or the promotion of such content/activities.

Persons under 18 years (minors) are allowed to use the Service only with explicit approval from the parent(s). The Service provider recommends the parent(s) read this Agreement. The Service Provider reserves the right to close the User account belonging to a person aged under 18, in case such information becomes available to the Service Provider and the User does not have explicit permission of his parent. As a rule the User must confirm his being 18 years or older when using the Service and agreeing to the terms and conditions of this Agreement. Opening a User account is possible only in case the under-aged customer obtains and forwards to the Service Provider explicit approval from his parent.

6.   SOLVING DISAGREEMENTS

Upon disagreements between the Parties (the User and the Service Provider) and the Parties are not able to reach agreement, the dispute will be solved according to the Law of the Republic of Estonia. The first instance for solving such differences is the Jõgeva County Court (Jõgeva Maakohus) in Jõgeva City, Estonia.

7.   PURCHASE AND PAYMENT

Purchase in Service environment.

1. In Service environment you need to pay for chosen products within specified time and before the dispatch (if no exception has been agreed in writing with the Service Provider).

2. Add chosen products to the “Shopping cart” by clicking on the “Buy” button in the product view.

3. In order to use a bonus coupon or a gift card code, please fill in the requested boxes and click on “Check code” button.

4. Choose a delivery method (add delivery address).

5. Fill in the required fields with contact information. The fields marked with asterisks are obligatory.

6. Tick the box  next to the User Terms & Conditions marking your agreement.

7. Click on “Register” and follow the instructions. More detailed instructions can be found under “Buyer’s guide” link.

8. Choose a payment method. Currently PayPal and Swedbank internet bank are available. It is also possible to opt for a bank transfer (international or local) to the Service provider’s bank account. Information required for the bank transfer is given on the invoices as well as the Service Environment. The Service Provider reserves the right to change or add payment methods without further notice.

9. Click “Buy”. According to the chosen payment method you will proceed to PayPal or Swedbank or will have an invoice issued. The invoice will be sent to the e-mail address given in your contact information. As a registered User you can also find your invoices on your user account.

10. To enjoy the bonuses (e.g. User discount) available to Users we recommend to register as a User. 
Upon registering as a User only data necessary for fulfilling the order need to be given. Your information will be regarded as confidential and partly or fully given to third parties only as needed for delivery or as dictated by Law.

Ordering products. Choose the products and add them to the shopping cart. This does not oblige you to purchase. You can change the contents of the cart, add or remove at will.

Using bonuses. In case you have the Coupon code, please fill in the respective field in the cart. The bonus points will be calculated and the price will be reduced respectively. Pleas check that all desired products and bonuses have been noted in the order and choose delivery method.

Payment with internet banking facility:

1. After your order has been received you are directed to the internet bank you have chosen and after effecting the payment you will be returned to the merchant’s (Wool & Yarn Ltd) web page. In case the automatic return will not happen, please make sure to click on “Back to Merchant”.

2. A successful payment will be acknowledged by a pertinent message to your e-mail.

3.  In case the payment in the internet bank fails, you will be able to make a fresh attempt by going to “My account”, “My orders”. Choose the order with the failed payment and make a fresh attempt.

4.  Invoice payments. After you have confirmed your order a prepayment invoice will be sent to your e-mail address and you will have two workdays to pay the invoice. Failure to pay within two workdays will be considered as annulment of the order and the order will be cancelled.
Exceptions will be made to international payments, when the arrival of payment on our account will take more than two workdays. On such occasions please send a message to our customer service with an electronic  copy of your payment order.

Return and exchange of goods. According to the Law of The Republic of Estonia the customer has the right to return or exchange goods within 14 days from the purchase date. Please see paragraph GUARANTEE, RETURN AND MAINTENANCE.

8. PRICES AND BONUSES

The prices in the Service environment include Estonian VAT (VAT in Estonia is currently 20%). The Service Provider will add shipment and customs charges (shipping to non-EU destinations) to the price of the Order. No other taxes or fees will be added.

VAT is NOT applicable to the purchases of the Users outside the EU. The Service environment will make the calculation (deducting the Estonian VAT) automatically, dividing the prices by 1,2. In case the Service environment will not allow a non-EU customer to make a VAT-less purchase please inform immediately our customer service and the deductions will be made for your invoice.

The Users from other EU countries are able to make purchases in the Service environment without VAT in case the User has a valid VAT-registry code in a EU country (Estonia excluded!). The Service Provider has an obligation and right to check the validity of the User’s VAT code. In case the Vat code submitted by the User is not valid and/or information confirming the validity is not available to the Service Provider, the Service Provider has lawful right and obligation to refuse the deduction of VAT from the sales price.

The Service Provider will generally refuse the deduction of VAT in case the User address is outside the EU but the given delivery address is within the EU. The Service Provider will also refuse to deduct the VAT in case the User who has no VAT code demands an invoice to be issued to a different, VAT-registered person. The invoice in the Service Environment will be issued to the User, according to the data entered by the User and (possibly) checked by the Service Provider.

The following bonuses are available in the Service environment.

Registered User discount is –5% for all purchases in the Service environment starting from the second purchase. Registration as a User does not involve any obligations as regards to the frequency or size of the purchases. Registration is free of charge.

For a registered User the delivery of a purchase over 75.- (seventy five) euro within Estonia is free of charge. Generally this is not applicable in case of international shipments (outside Estonia). The Service Provider may offer this bonus to the User on exceptional occasions (high purchase volume or according to additional written agreements.

Volume discounts. The Service Provider appreciates all Users/Customers, but attaches special value to the permanent and repetitive  users of the Service. Hence volume discounts are offered. Volume discounts apply on the basis of cumulative volume of the different purchases of the same User. The discount increases with the growth of the cumulative purchases.

The volume discount is calculated by the Service Environment automatically and it is kg-based. Accumulation is calculated on the basis of the User’s purchases during the previous year (365-day year).

Volume discount rates for 365-day period:

Up to 50 kg                       > -  0%;

51  - 100 kg                       > -10%;

101- 200 kg                       > -15%;

201- 300 kg                       > -20%;

Over 300 kg                      > -25%.

For bigger purchases Customer Service should be approached for special offers regarding the product pricing as well as shipping charge.

NB! Registered User receives -5% User discount in addition to volume discounts.

Seasonal, campaign, product and other discounts.

Besides the above mentioned discounts the Service Provider may also offer discounts on specific products or product groups or offer discounts for certain time periods or have sales campaigns. The Service Provider may but is not obliged to inform the User of such bonuses.

The extra discounts will be additional to the User and volume discounts as defined above.

9.   DELIVERY OF GOODS

The shipment charge of the Order will be calculated automatically by the Service environment depending on the delivery address and volume/weight of the purchase and the charge will be added to the cost of the purchase. In case the Service environment fails to calculate and add the shipment charge or you feel the shipment charge is not justified, please contact the Service Provider’s Customer Service- and the shipment cost will be checked. In case the actual shipping cost will surpass the shipment charge, the Service Provider will not invoice the User for the extra cost. In case the actual shipment cost is lower than the shipment charge to the User, the difference will be posted as a prepayment on the User account, or will be returned to the User’s bank account within 30 days from dispatch. The Service Provider does not earn profit from postage/shipping.

Delivery of goods in Estonia. The Service Provider offers the delivery of packages by Estonian Post (Eesti Post). SmartPost service may also be opted for. Purchases 75.- (seventy five) euro for Registered Users will be delivered free of charge within Estonia. The Service Provider reserves the right to choose the provider of the delivery service among other providers and add/change delivery methods as well as change shipment charges and terms as changed by the providers of the delivery service (or/and due to other reasons).

Delivery outside Estonia. The Service Provider offers deliveries outside Estonia with Estonian Post (Eesti Post). Packages under 2 kg (total weight with packaging) will be delivered with registered maxiletter.. NB! Only registered Maxiletter are mailed as this allows their progress to be tracked. For bigger parcels the international package service of Estonian Post is being used. Both parcels and letters are mailed with aviation transport. If available at the delivery address SmartPost/Itella can be used for shipment. The Service Provider reserves the right to choose the provider of the delivery service among other providers and add/change delivery methods as well as change shipment charges and terms as changed by the providers of the delivery service (or/and due to other reasons)..

Shipments outside the EU may incur also export taxes and duties payable in Estonia according to applicable legislation and third party price lists.

NB! In case of delivery to  an address outside the EU of a purchase over 1000.- (one thousand) euro the Service Provider reserves the right to charge a one-off fee for Customs procedures per purchase. The Service Provider also reserves the right to not charge such a fee. Additional information is available from Customer Service: info@rarewool.com

Bigger volumes and special orders – please contact the Customer Service for more detailed information on prices and shipment charges.

Liability during shipment. The Service Provider has the liability for the goods procured from the Service until the acceptance of the goods by the delivery service provider when the liability passes to the delivery service provider. More detailed information in “Guarantee, return and maintenance”.

10.   GUARANTEE, RETURN AND MAINTENANCE

Right to return and exchange. According to the Law the User has the right to return the products/goods procured through the Service within 14 days from the moment the goods/products have been made available to the User.

In case the User has not provided the Service Provider the information on the time of reception, the Service Provider will tacitly calculate 1 to 7 days as the shipment period, depending on the delivery address. The User is advised to  always provide written feed-back to the Service Provider concerning the time of reception of the goods- this improves the calculation of the delivery time and offer even better service to the customers. The Service Provider has the right to request documental proof of reception- hence please keep all documents pertaining to the delivery.

The returned products must be in its original packaging, unused, unsoiled and otherwise unspoiled with original markings and labels. The customer has the liability to compensate the loss of sales value from trying out or spoiling the product(s).

The full shipment costs for the partial or full return of the purchased goods must be borne by the customer. The Service Provider will not be liable for any other charge except for the partial or full invoiced price (in case of unmarred goods) of the returned goods earlier paid for the returned goods by the customer.

Not available for return are special orders and products cut to order if not agreed differently in writing between the Service Provider and the Customer. Products not answering the requirements for returnable products (see above) cannot be returned.

Defective products have to be replaced at Customer’s request by a similar product. In case replacement with identical or similar product is not possible the Customer must be refunded. In case a batch, i.e. more than 1 unit, of products has been purchased and only a part of the batch is defective and identical products are in  stock and can be replaced, the Customer cannot claim the replacement of the whole batch. Refund can be claimed only in case replacement is not possible. Only the price paid for the defective product(s) by the customer is refundable: no other direct or indirect damages within the guarantee or outside it will be compensated. Upon replacing defective product(s) both the delivery and the replacement product(s) are free of charge. In other cases of return or replacement the full delivery cost must be borne by the Customer. Incase the price of the replacing product is lower the difference will be refunded.

The basis of the guarantee is the invoice issued by the Service Provider to the Customer when using the Service. Hence the invoices should be archived carefully together with the delivery documents.

Informing of defective products. The Customer has the right to lodge complaints with the Service Provider concerning defective product(s) within two years from the reception.

In such case, and if the Service Provider and the Customer do not reach agreement, the Service Provider has 6 (six) months to prove that the defect is the result of mishandling, incorrect maintenance or incorrect stocking. The remaining 18 /eighteen) months are given to the Customer for proving that the product had been defective upon reception and has not resulted from incorrect handling, maintaining or stocking.

The invoice received upon using the Service serves also as proof of purchase and must be archived properly. Please follow the user and maintenance instructions as complaints are acceptable only about material or production defects.  The Service Provider does not carry liability for incorrect use and/or maintenance. The guarantee does not cover product damage and accompanying loss of value resulting from natural wear, incorrect stocking, soiling and/or similar factors. The product guarantee does not cover physical damage to or loss of product(s) during shipment- the liability rests with the delivery service provider. In case of having doubts concerning the correct use, maintenance and/or stocking the Customers are advised to connect send enquiries to the Service Provider’s Customer Service.

The product defects do not include small faults, inaccuracies and differences as the production involves a lot of handcraft and small differences are unavoidable, adding to the value instead of diminishing it. Attributes that are characteristic to the product and/or material do not count as defects.

Exchange and return. Exchange or return of the purchased goods can be effected by sending a message to the Service Provider’s Customer Service’s e-mail address: info@rarewool.com, containing detailed explanation of the reasons for desiring to return or exchange the product(s). The message must have the following data:

a) Customer’s name and contact information;

b) Detailed description of the product’s defect(s) or other reasons (14 days for getting acquainted with the product(s)) for the return, attaching photos if possible;

c) Claim for the refund (within limits of the price paid);

d) Number of the invoice containing the product(s), purchase and reception dates as well as electronic copies of these documents;

e) Customer’s bank account details;

f) Date.

Upon reaching agreement for replacing or exchanging the product, for shipment purposes the Service Provider’s delivery address is: Wool & Yarn OÜ, Suur tn 91, 48306 Jõgeva linn, Jõgevamaa, Eesti Vabariik, EU.

In case you received your purchase via Smartpost/Itella package automated package compartment, within 14 days from reception you can use the door code used to get the goods for returning the goods. Upon returning the goods the shipment cost will be deducted from the refund.

Informing the Customer and refund. The Service Provider will acknowledge the reception of the returned goods by sending a message to the Customer’s e-mail address. The Service Provider will check the returned goods and upon finding the requirements for the return fulfilled, the Service Provider will refund to the Customer. The refund will be transferred to the Customer’s bank account as soon as possible but not later than 30 days from the reception of the returned goods by the Service Provider. The Service Provider will inform the Customer of the refund by sending a pertinent message to the Customer’s e-mail address. In case the Customer has given the Service Provider the details of several bank accounts, the Service Provider has the right to choose the bank account for the refund the bank account most suitable for him.


11.   EXCLUSION OF GUARANTEES AND LIABILITY LIMITATIONS

a) The Service Provider offers the Service with due and proper care. The Service Provider does not make any other promises or pledges and especially does not warrant that:
1. The User can enjoy an uninterrupted Service and without faults. The User accepts that the Service may be partially or totally closed for unidentified periods due to technical or functional reasons and/or for the purposes of maintenance, giving the Customers reasonable notice of the pending closure;
2. The Service will not experience losses, malfunctioning, viruses, hacking, attacks, which will be recognised as force majeure, excluding any and all liability of the Service Provider for such occasions and/or associated damages to the Customer.

b) Excluding paragraph d) below, or the cases where the Customer is using a claim for refund or compensation for damages stemming from the Law, can The Service Provider, or its board members, or employees, or  associated persons, or subcontractors, or other cooperation partners be held responsible for any damages caused by the Service Provider, its board members or employees where:

1. Due care has been taken in providing the Service to the Customers by the Service Provider and its employees and cooperation partners;

2. The result of the infringement is  impossible to reasonably predict;

3.  Instance and/or increase of the damages and/or loss results from the breach of this Agreement by a Customer;

4. Damages and/or loss arises from the Service Provider’s decision to remove any data or content or refusal to process, or warn the Customer, block or terminate the Customer’s access to his account and the Service or perform other activities to investigate suspected breach of this Agreement or if the Service Provider has concluded that a breach of this Agreement has occurred;

5. Or the damages arise in connection with the Customer’s business activities, income or profit from using the Service or loss or distortion of data.

c) the Service Provider’s taking reasonable precautionary measures to protect the Customer’s data given in connection with the Service, also against fraud.

d) Nothing in this Agreement will limit or rid the Service Provider from the liability in case of gross negligence, willful breach or fraudulent behaviour.

e) In case of breaching this Agreement the Customer is liable to the Service Provider, its board members, employees, associated persons and cooperation partners for any damages claims arising from the breach. The Customer is also responsible for all damages resulting from any act that the Service Provider has to perform in order to investigate suspected breach of this Agreement or the Service Provider’s findings or as the result of establishing a breach of this Agreement.

12. SERVICE PROVIDER’S DATA

Wool & Yarn OÜ / www.rarewool.com

Juridical and delivery address:

Suur St. 91

48306 Jõgeva City

Jõgevamaa, Republic of Estonia, EU

e-mail: info@rarewool.com

Mob.:+ 372 5343 6590

Company code:   11980817

VAT code:     EE101414087

Bank accounts:

-account IBAN EE452200221050412566; SWIFT: HABAEE2X Swedbank, Liivalaia 12 Tallinn 15037, Estonia.

 

Agreement last updated 05.02.2016.a


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