1. Definitions and interpretation of contract
1. 1 This Service Agreement (hereinafter referred to as "the Agreement"), executed by JSC Ostaeu acting as the "Seller" on behalf of its customer acting as the "Buyer". This Agreement becomes binding on the Data Controller and the Data Processor in accordance with the General Data Protection Regulation. The services of JSC Ostaeu are provided in accordance with the following terms and conditions. By registering on the BuyEU.ee website, each user of the service agrees to the terms and conditions of the providing services.
1.2 When ordering online services, the contract shall be deemed to have been entered into and effective from the moment the Buyer registers and ticks that he/she agrees to these Terms of Service and undertakes to comply with them. The data provided during the order is stored in the Seller's database.
1.3 By confirming its identity, the Buyer hereby agrees that JSC Ostaeu will process personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and Council. JSC Buyeu acts as data processor on behalf of its customer acting as data controller. When processing your personal data, we are following 27 April 2016 Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (the "Regulation") and other directly applicable legal acts , regulating personal data protection, as well as instructions of data protection supervisory authorities.
2. Buyer‘s rights and obligations
2.1 The Buyer must provide the Seller with the correct identifying information at the time of registration.
2.2 By ticking "I agree to the website regulations" in the order field and clicking the "sign up" button, the Buyer confirms that he/she have read, agree to and accept to be bound by these Regulations, ie. a sale-purchase contract is concluding between the Seller and the Buyer.
2.3 The Buyer agrees that JSC Ostaeu does not bear the risk of shipment for breakage, perishable and non-resistant to temperature fluctuations goods.
2.4 By agreeing to the Regulations, the Buyer undertakes not to ship goods prohibited under the Government of the Republic of Estonia regulations and to leave Germany, Spain, Poland, England, France, Italy, Lithuania, Latvia, the Netherlands, the Czech Republic, Portugal and Japan under German, Spain, Polish, English, French, Italian, Lithuanian, Latvia, Dutch, Czech,Portuguese and Japan law:
2.5 By accepting the Regulations, the Buyer undertakes to pay for the goods shipped to Estonia. The parcel must be accompanied by a sales receipt or invoice. In the event of a breach of the obligation, the Buyer will have to refund losses to the Seller.
2.6 By agreeing to the Regulations, the Buyer agrees that unallocated and unidentified parcels will be disposed of after a 3 month storage period.
2.7 By agreeing to the Regulations, the Buyer agrees to pick-up the parcels within 30 calendar days from arrival in distribution center, ie. in case of change of parcel status – Parcel in distribution center. If the parcels are not picked-up within 30 calendar days, a charge of EUR 1 per parcel shall be charged for each additional day of storage.
2.8 By confirming his/her identity, the Buyer agrees to receive informative e-mails about parcel status changes, important changes, etc. news. The information is sent before you opt out of receiving direct marketing messages.
2.9 The Buyer must pay all costs (value of the parcel, sellers' delivery costs, etc.) related to the parcel before the parcel is delivered to OstaEU OÜ warehouses in abroad. Parcels, which costs are unpaid or partially paid at the moment of delivery to a foreign warehouse, will not be accepted and the customer will not be able to submit claims for such parcels. All parcels must be paid before the delivery to OstaEU OÜ foreign warehouses.
2.10 If your shipment is non-standard dimensions, you must contact our customer service before delivery. If shipment length measurements is bigger than 220 cm, you should contact our customer service personally.
3. Seller‘s rights and obligations
3.1 The Seller undertakes to deliver to the Buyer his goods received in warehouses in Germany, Spain, Poland, England, France, Italy, Lithuania, Latvia, the Netherlands, the Czech Republic, Portugal and Japan to Estonia, if the Buyer has not breached his obligations.
3.2 The Seller undertakes to ensure the confidentiality of the Buyer information entrusted to him and not to disclose it to other persons without the Buyer's consent, except as provided by law.
3.3 The Seller shall not be liable for damaged parcels not received or received:
3.4 In case of suspicion regarding the contents of the parcel, we reserve the right to inspect the parcels or to repackage them in the case of large volumes.
3.5 If the parcel contains prohibited articles, JSC Ostaeu shall return such parcel to the shipper or confiscate it in the cases and according to the procedure prescribed by law.
3.6 JSC Ostaeu is not responsible for non-delivery of postal items, if the wrong address is indicated, the recipient refuses to accept the postal item.
3.7 JSC Ostaeu refuses to accept parcels from the third countries to European warehouses.
3.7.1 In third countries warehouses, we only accept shipments from that third country.
3.8 JSC OstaEU OÜ assumes no responsibility for items received in error in connection with the contents of this section. JSC OstaEU OÜ has the right to suspend the shipment at any stage and to check the contents of the package by writing a commission report if it suspects that the parcel contains prohibited articles that may endanger human health or other parcels, and are prohibited to ship in the territory of other states. In case of suspicion that the Buyer may violate the laws of the Republic of Estonia, the Republic of Poland, the United Kingdom, the Federal Republic of Germany, the Republic of Spain, the Republic of France, the Republic of Italy, the Republic of Latvia, the Republic of Lithuania, the Netherlands, the Republic of Czech, the Republic of Portugal and Japan OstaEU OÜ may refuse to accept shipments and, if accepted, return them to the Seller. In such case, JSC OstaEU OÜ shall take all necessary security measures. The Payer for service shall reimburse JSC OstaEU OÜ for any losses and expenses incurred as a result, regardless of the country in which they were incurred.
3.9 The seller undertakes to prepare the order for shipment only when all the items in it have been received at the parcel distribution center.
3.10 When choosing delivery through our partner services (DPD, Omniva), during the delivery of the shipment, the Buyer or the Buyer's representative together with the representative of the transport company must check the condition of the shipment during delivery. If the goods are accepted from the courier without claims, claims for damaged goods will not be considered.
If the packaging of the consignment is damaged, the Buyer or the Buyer's representative must not accept the consignment. In this case, the representative of the transport company, together with the Buyer or the Buyer's representative, fills in a special inspection report of the consignments, in which it indicates the violations found. At the latest, file a claim for violations or other discrepancies within 24 hours. from the hour of receipt of the shipment (from the moment you confirm the receipt of the shipment by signing the courier).
Upon receipt of the consignment by the Buyer or the Buyer's representative and signing without notice on the data logger or paper delivery confirmation provided by the transport company's representative, the additional services specified in the data logger or paper delivery confirmation shall be deemed to have been duly performed unless proven otherwise.
3.11 When choosing delivery through our partner (DPD / Omniva) self-service parcel terminals, you must check the shipment at the self-service parcel terminals at the time of pickup. If you notice that shipment is damaged you must contact OstaEU customer service immediately. After contacting our customer service department, you will be given all the information you need to make a claim to courier service.
3.12 Responsibility of OstaEU OÜ starts only from the moment when the employee of OstaEU OÜ has accepted the shipment in the foreign warehouse. If the consignment has been improperly packaged and damaged during transportation, due to improper packaging, OstaEU OÜ is not responsible for damages to the customer, even if the consignment has been accepted.
3.13 If the warehouse address changes or the warehouse closes, shipments that will be delivered to the warehouse after the specified deadline will not be considered the responsibility of OstaEU.
3.14 The seller undertakes to take the parcels received in the country of the European Union to Estonia at the nearest planned departure of the parcels, regardless of whether the customer has already paid for the transportation service, since the parcels are not stored in a foreign country.
4. Proper packaging
4.1 Parcels must reach our warehouses properly packaged and undamaged (without defects), because otherwise OstaEU OÜ does not take responsibility for parcels damaged during transportation and does not compensate for the losses incurred.
4.2 All parcels must have an outer packaging adapted to the specific characteristics of the contents of the package. Proper packaging of a parcel is such that it is not possible to reach and damage the good inside without damaging the packaging. The packaging must protect the contents in such a way that they are not damaged by pressure, transportation with other parcels and further administration. The packaging must also ensure that there will be no danger to people, other parcels, equipment, transport, etc.
4.3 If shipments are received without package, box or improperly packaged, an additional fee may apply for packaging.
4.4 Packaging requirements for parcels:
More about it - PROPER PACKAGING.
4.5 If the consignment has been improperly packaged and damaged during transportation, due to improper packaging, OstaEU OÜ is not responsible for damages to the customer, even if the consignment has been accepted.
4.6 Insurance applies only to a properly packaged consignment.
4.7 If shipment is not properly packed, additional charges may apply depending on the goods.
5. Payment arrangements
5.1 All payments, depending on the payment method you choose, are made to the bank account of JSC Ostaeu, or an authorized third party JSC Paysera LT, providing payment services, indicated on the website, or processed using the makecommerce.lt platform managed by Maksekeskus AS (Niine 11, Tallinn 10414, Estonia, reg. no .: 12268475), therefore your personal information required for payment execution and confirmation will be transferred to Maksekeskus AS.
5.2 Payment methods supported by the MakeCommerce.lt platform: Swedbank, Seb, Luminor, Citadele
5.3 Payments for purchases are accepted to the UAB Pigu perku group account by paying via the makecommerce platform.
Contacts:
JSC Pigu perku group
Europos pr. 96. LT-46351 Kaunas
Company code: 303006666
VAT identification number: LT100010340412
Bank account number:
LT 39 7300 0101 3460 5284 Swedbank
5.4 OstaEU OÜ does not adjust invoices for transport services. Please note that it is necessary to select the payee's details before making a payment.
6. Insurance
6.1 All our customers' parcels are automatically insured by ERGO Insurance SE Estonian Branch under the standard carrier liability (in accordance with the International Convention on the Contract for the International Carriage of Goods by Road (Warsaw Convention)), which is free to the customer, but the standard liability of the carrier under the Convention on the Contract for the International Carriage of Goods by Road (Warsaw Convention) for the amount of compensation shall be equal to approximately EUR 10 per kilogram.
The customer can additionally insure the parcel using the Ostaeu platform.
6.1.1 The sum insured cannot exceed the actual value of the purchase. The sender may be prosecuted for fraudulently stating or falsifying the value of the parcel than it actually is.
6.1.2 The insurance is valid for transportation to the distribution centre. In the case of delivery order by a courier or a self-service parcel terminal, the third party carrying out the delivery shall take over the insurance liability.
6.2 Ostaeu Insurance
6.2.1.Customers ordering their purchases through the Ostaeu platform have the opportunity to order insurance for their parcel against accidents and to recover an amount equal to the value of their contents and shipping costs for a damaged or lost parcel:
6.2.2 The maximum amount of insurance (assessment) is EUR 1000.
6.2.3 When placing an order and choosing the value of the insured parcel, the total value of the parcels may not exceed the sum insured of the entire insured parcel.
6.2.4 The sum insured cannot exceed the actual value of the purchase. The sender may be prosecuted for fraudulently stating or falsifying the value of the parcel than it actually is.
6.2.5 If the parcel is picked up at the collection point, the parcel must be checked at the time of collection. Otherwise, shipment insurance may not apply.
6.3 OstaEU or other ordered insurance does not cover any expenses or losses incurred under the following conditions:
6.3.1 Consequence type costs (costs indirectly caused by an insured event, e.g. downtime).
6.3.2 Negligence of the customer or third parties (e.g. improper packaging).
6.3.3 The parcel contains prohibited purchases as specified in clause 2.4 of the OstaEU Rules, even though Ostaeu has delivered to Estonia.
7. Shipment declarations from third countries
7.1 The seller does not submit third countries declarations of legal entities. Only declarations of natural persons are submitted.
7.2 The customer must declare parcels from the third countries within 24 hours from the entry of the consignment into the system.
7.3 VAT import declarations for shipments from the United Kingdom and Japan are formed and submitted by a company providing brokerage services. Shipment declaration documents are not publicly available or presented on the buyeu.ee website. Intermediaries providing Ostaeu.ee package declaration service can provide the package declaration document at the customer's request. The customer must submit this request by e-mail info@ostaeu.ee
7.4 Goods that the seller cannot transport to Estonia due to excise duty or special transport needs, e.g. alcohol, or if the amount of goods exceeds 150 EUR (only valid for shipping from the United Kingdom), are returned to the seller or the customer can direct the shipment to the desired pick-up point inside a third country. The administration fee is 20 euros, if the customer sends a return shipment sticker with the ordered arrival of the courier (for pick-up). If JSC Ostaeu takes care of the shipment sticker, the return price is 20 EUR + shipping costs. By agreeing to the rules, the buyer undertakes not to ship:
7.4.1 We do not send gifts or other items from the third countries, whose value cannot be supported by a document.
7.5 If the information in the declaration is incorrect and there are doubts about the accuracy of the data, the shipment can be checked at any time and in the case of incorrect information, the shipment's path can be interrupted at the same moment.
7.6 The following information must be provided on the third countries declarations document:
7.7 Parcels from the third countries to Estonia will be sent only with approved declarations. Parcels from the third countries warehouse can be transported to Lithuania only with approved declarations, which are approved no later than 24 hours until the scheduled departure date of the parcels.
7.8 Any inconsistencies in the declaration data may apply additional administration fees.
7.8.1 When the shipments are already in the customs warehouse and due to the customer's fault (incorrect declaration) they are kept in the warehouse longer, an additional storage fee may be applied.
7.8.2 If the value of the shipment is greater than 150 euros, additional import duties are applied depending on the value and category of the shipment.
7.9 Storage in third countries warehouse:
8. Goods purchase service
8.1 OstaEU OÜ is an intermediary between the seller and the buyer of the product, therefore OstaEU OÜ is not the seller of the product and is not responsible for the successful delivery of the product to OstaEU OÜ warehouse abroad, product quality and other matters not related to OstaEU OÜ services. In case of problems between the buyer and the seller, OstaEU OÜ, having received timely notification from the buyer about the problems, may offer only communication help. If necessary, OstaEU OÜ could send all the necessary payment confirmations.
8.2 The characteristics of each product sold shall be indicated by the seller of the product in the foreign e-shops, next to the description of each product. OstaEU OÜ is not responsible for the fact that the goods in foreign e-shops may not correspond to the actual size, shape, color or other parameters.
8.3 Sellers of foreign e-shops, in accordance with the legal laws of their country, provide a guarantee for the quality of the purchased goods valid for a certain period of time for certain types of goods, the specific term and other conditions of which are specified in the descriptions of the goods.
8.3.1 More detailed information about guarantee conditions of the goods is provided in the descriptions in foreign e-shops websites.
8.4 OstaEU OÜ in its essence is a revealed intermediary, therefore may issue invoices only for intermediation services. You can read more about State Tax Inspectorate.
8.5 OstaEU OÜ can issue invoices only for the amount of intermediation, the difference between the amount you paid for OstaEU OÜ and the original amount of goods with delivery to OstaEU OÜ warehouses in foreign countries. OstaEU OÜ does not issue invoices for the goods you have purchased because they do not sell them but only mediate in ordering goods from foreign electronic stores. OstaEU OÜ, at the request of the customer, may request the seller to issue an invoice with the details specified by the customer and submit other documents for the purchase of goods.
8.6 OstaEU OÜ does not adjust invoices for the goods you have purchased.
8.7 OstaEU OÜ is an intermediary between the buyer and the seller and provides goods purchase services, so we create an invoice only for the purchase service. An invoice for the product you have purchased is issued to you by the foreign store that sells it. Please note that the invoice for the product is issued only to individuals in the name of the person who placed the order.
8.8 The price of the goods purchase service depends on the value of the goods (if the seller's delivery to the OstaEU warehouse abroad is not free, it is added to the amount of the goods).
9. DPD services
9.1 DPD services in Estonian islands
DPD couriers in Estonian islands only deliver packages. If you want to ship pallets, you need to contact us individually.
Postal codes for which the surcharge applies for sending packages with DPD courier: 62601, 88001-88005, 91217, 91301–91320, 92001–92420, 93001–93099, 93100–94799, 96027, 96098.
Delivery to these postal codes applies additional fee – 20,00 euro.
9.2 The maximum possible length of one side of the package when shipping via DPD couriers is 3 m. If length of one side of the package is longer than 3 m, additional fees may apply. Please contact OstaEU customer service before ordering a shipment longer than 3 m.
10. Return of goods
10.1 Goods purchased through the Goods Purchase Service.
10.1.1 The goods purchased through the Goods Purchase Service, regardless of the country, may not be returned to the Seller.
10.1.2 If delivered goods were damaged, did not match the description, etc., due to the seller of goods fault (e.g. improper packaging) and the seller agrees to compensate for the losses incurred, the fee for the Goods Purchase Service provided by OstaEU is not refunded.
11. Money refund
11.1 Refund terms of OstaEU Goods purchase service fee.
11.1.1 If the purchase is not possible due to the fault of OstaEU OÜ, 100% of the purchase fee is returned to the Buyer.
11.1.2 If the purchase is not possible due to foreign e-shop‘s fault:
11.1.3 If the purchase is canceled due to the Buyer's fault:
11.2 If the Goods purchase service cannot be performed, the money paid by the Buyer for the goods will be refunded within 7 working days from the receipt of the request. If the purchase service fee is refunded, the refund is made within 7 working days from the receipt of the request.
12. Customer claims
Customer claims are considered within 30 calendar days.
13. Privacy policy