1. Definitions and interpretation of contract
1. 1 This Service Agreement (hereinafter referred to as "the Agreement"), executed by JCS Pigu perku group 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 JCS Pigu perku group are provided in accordance with the following terms and conditions. By registering on the OstaEU.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 Pigu Perku group will process personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and Council. JSC Pigu perku group 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"), the Law on Legal Protection of Personal Data of the Republic of Lithuania ("LLPPD"), the Law on Electronic Communications of the Republic of Lithuania ("LEC") and other directly applicable legal acts , regulating personal data protection, as well as instructions of data protection supervisory authorities (in Lithuania – State Data Protection Inspectorate).
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 Pigu perku group 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 Lithuania regulations and to leave Germany, Poland, England, France and Italy under German, Polish, English, French and Italian law:
radioactive, explosive, corrosive, poisonous, flammable, not cold-resistant, strongly odorous or lubricating;
leak-proof and breaking tankages with liquids;
perishable food and non-food products;
money, bonds, coins, precious metals and stones, securities, antiques, personal documents;
alive animals, birds;
not properly packed sharp and cutting objects, narcotics and psychotropic substances;
explosives, weapons, ammunition and their parts;
tobacco and alcoholic beverages;
items with offensive or obscene inscriptions or images;
other items prohibited to be shipped by the Government of the Republic of Lithuania and exported from Germany and England in accordance with German and English 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 Estonia, ie. in case of change of parcel status – Parcel in distribution center (Estonia). 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 undertakes to place the order online before picking-up the order. If the order is not made online, the order preparation fee is charged per order.
3. Seller‘s rights and obligations
3.1 The Seller undertakes to deliver to the Buyer his goods received in warehouses in Germany, Poland, England, France and Italy 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 Pigu perku group shall return such parcel to the shipper or confiscate it in the cases and according to the procedure prescribed by law.
3.6 JSC Pigu perku 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 Pigu perku refuses to accept parcels from the third countries.
3.8 JSC Pigu perku assumes no responsibility for items received in error in connection with the contents of this section. JSC Pigu Perku group 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 Lithuania, the Republic of Poland or the United Kingdom and the Federal Republic of Germany, Republic of French or Republic of Italy JSC Pigu perku may refuse to accept the parcels and, if accepted, return them to the Seller. In such case, JSC Pigu perku shall take all necessary security measures. The Payer for service shall reimburse JSC Pigu perku for any losses and expenses incurred as a result, regardless of the country in which they were incurred.
4. Payment arrangements
4.1 All payments, depending on the payment method you choose, are made to the bank account of JSC Pigu perku group or an authorized third party JSC EVP international, providing payment services, indicated on the website.
5.1 All our customers' parcels are automatically insured by ERGO Insurance SE Lithuanian 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.
5.2 OstaEU Insurance
5.2.1.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:
5.2.2 The maximum amount of insurance (assessment) is EUR 1000.
5.2.3 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.
5.2.4 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.
5.2.5 The insurance is valid for transportation to the warehouse in Lithuania. 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.
5.3 OstaEU or other ordered insurance does not cover any expenses or losses incurred under the following conditions:
5.3.1 Consequence type costs (costs indirectly caused by an insured event, e.g. downtime).
5.3.2 Negligence of the customer or third parties (e.g. improper packaging).
5.3.3 The parcel contains prohibited purchases as specified in clause 2.4 of the OstaEU Rules, even though OstaEU has delivered to Estonia.