terms of sale

1. definitions

1.1.         “Seller” is a natural or legal person specified in the order, whose goods are sold on Semvice.com in accordance with these Terms and who is responsible for completion of the order placed by the Buyer. The details of the Seller, with whom a purchase agreement for the respective goods is concluded in accordance with these Terms are specified in the order for the Goods.

1.2.         Semvice Group is a website at the address Semvice.com, which sells the goods of Semvice Group OÜ, registration code 14772203, Veisivärava tn, Tallinn 10147, “Semvice.com” under these Terms also means the Seller in respect of the goods sold by them.

1.3.         “Buyer” – 1) a legally capable natural person, i.e. a person who has reached the age of majority, whose capacity has not been limited by a court; 2) a minor aged 15 to 18, with consent of his/her legal representatives; 3) a legal person.

1.4.         “Parties” – the Buyer and the Seller together.

1.5.         “Personal Data” – any information about a natural person, whose personality has been identified or may be identified (data subject) directly or indirectly, primarily using an identifier such as name and surname, personal identification number, location data and internet identifier.

1.6.         “Terms” – these Terms of buying and selling goods on Semvice.com, which apply to each purchase made by the buyer on Semvice.com, and to each purchase agreement concluded between the Buyer and the Seller.

1.7.         “Account” – the result of registration of the Buyer on Semvice.com carried out based on the terms of use of www.Semvice.com, for whom a Buyer’s account is created, where his/her personal data and order history are saved.

1.8.         “Confidential Information Privacy Policy” – a document approved by Semvice.com, which provides for the main terms of collection, saving, processing and protection of Personal Data when using Semvice.com. The Confidential Information Privacy Policy of Semvice.com does not cover Personal Data processing, when such data are processed by the Seller. The Seller processes Personal Data in the manner set out by the Seller. Prior to buying goods and concluding this agreement with the Seller, the Buyer must carefully read the terms of personal data processing applied by the Seller.

1.9.         “Agreement” – an agreement for the purchase and sale of goods, which is concluded by the Seller and the Buyer, which is considered to be concluded as of confirmation of the Order, i.e. from the moment the order is placed. It shall be deemed that the terms of each Agreement concluded by the Buyer and the Seller, are identical to these Terms, and such Agreements shall be fulfilled by the parties always in accordance with these Terms.

1.10.        “Order” – an order for the Goods, which lists the Goods, which the Buyer wants to buy from the Seller, which are specified in the same order.

2. general provisions

2.1.          The Buyer shall agree to the Terms, confirm that he/she has read them by ticking the message “I have read and accepted the terms of purchase and sale of the goods at Semvice.com”. The Terms accepted in this way shall be considered a mandatory legal document between the Parties, which establishes the rights and duties of the Buyer and the Seller, the terms of purchasing goods and payment for them, the procedure of their delivery and return of goods, responsibility of the parties, as well as other terms related to the purchase and sale of goods at Semvice.com.

2.2.         When creating an account on Semvice.com, the Buyer agrees to the Terms when he/she first registers. After the Buyer has agreed to the Terms when registering (creating an account), the Terms shall apply to all the Buyer’s purchases on Semvice.com and all purchase agreements concluded with the Seller until any updated Terms are published. After the Terms get updated, they shall be used as provided for by this Clause, from the moment they are published on Semvice.com.

2.3.          Only the Buyers defined in Clause 1.3 of the Terms are allowed to buy at Semvice.com. By agreeing to the Terms and confirming that he/she has read the Confidential Information Privacy Policy (Clause 2.4 of the Terms), as well as Terms of use of Semvice.com, the Buyer confirms that he/she is entitled to buy goods on Semvice.com.

2.4.          The Buyer must read the Confidential Information Privacy Policy that is approved and publicly published on Semvice.com. The Buyer’s personal data will also be transferred to the Seller, from whom the Buyer buys the Goods, and such Personal Data shall be processed in the manner established by the Seller as specified in the order, as well as in compliance with the commitments with regard to ensuring data security undertaken under the agreement between Semvice.com and the Seller.

2.5.         If the Seller is entitled and liable to provide the Buyer with information and documents by e-mail, the Buyer shall be responsible for providing a valid e-mail belonging to the Buyer to the Seller.

3. ordering goods, the establishment of a legal purchase relationship

3.1.         The Buyer may order goods on Semvice.com by choosing one of the following ways:

3.1.1.     via the internet by registering on Semvice.com (by entering his/her own login name and password);

3.1.2.     via the internet without registering on Semvice.com;

3.2.         When ordering goods in any of the ways specified in Clauses 3.1.1 – 3.1.2 of the Terms, the Buyer shall specify in the respective information fields provided in the Semvice.com system his/her Personal Data necessary for the correct execution of the goods order as prescribed by the Confidential Information Privacy Policy.

3.3.        When the Buyer, having selected the goods to be bought and placed them in the shopping cart, executes all the steps of the order, the last of which is selection and confirmation of the payment method, it shall be deemed that a legal relationship of purchase and sale has been established between the Seller and the Buyer and a purchase agreement has been concluded. An order confirmation message shall be sent to the e-mail specified by the Buyer. The Seller shall send the Buyer a link to the applicable Terms together with confirmation of the order using the e-mail specified by the Buyer.

4. rights and obligations of the buyer

4.1.              The Buyer has the right to buy goods at Semvice.com in the manner set out in these Terms.

4.2.             The Buyer has the right to withdraw from an order in the manner set out in these Terms.

4.3.             The Buyer has the right to request a replacement or return any purchased goods in the manner set out in these Terms.

4.4.             The Buyer shall have other rights enshrined in these Terms, the Confidential Information Privacy Policy, the Terms of Use of Semvice.com and regulatory enactments of the Republic of Estonia.

4.5.             When using Semvice.com, the Buyer must fulfil his/her obligations, comply with these Terms, the Confidential Information Privacy Policy, the Terms of Use of Semvice.com, other conditions explicitly indicated on Semvice.com, as well as regulatory enactments of the Republic of Estonia.

4.6.             The Buyer must pay for the ordered goods and accept them in the manner set out in these Terms.  

6. obligations of the seller

6.1.              The Seller must complete the Buyer’s orders in the manner set out in these Terms, communicate with the Buyer using Semvice.com means and never communicate with the Buyer using any other channels, unless this is directly provided for by these Terms or on Semvice.com. The Buyer and the Seller hereby explicitly confirm that any communication relating to the execution of an order on Semvice.com (in the system) shall not oblige the parties and shall not be mandatory for them.

6.2.              The Seller undertakes to clearly and legibly provide the Buyer in the Semvice.com system with any information requested in accordance with the law of the Republic of Estonia.

6.3.              The Seller and Semvice.com undertake to respect the privacy of the Buyer, process the Buyer’s Persona Data in the manner set out in these Terms, the Confidential Information Privacy Policy, the Terms of use of Semvice.com and regulatory enactments of the Republic of Estonia and the European Union.

6.4.              By the provisions set out in these Terms the Seller undertakes to provide the goods ordered by the Buyer and accept the goods returned by the Buyer.

6.5.              The Seller undertakes to fulfil other liabilities established for the Seller in the Terms and regulatory enactments of the Republic of Estonia.

7. prices of goods, payment procedure and due dates

7.1.              The prices of goods on Semvice.com are specified in euro, including VAT applicable at that time in accordance with regulatory enactments, as well as any other taxes, if applicable.

7.2.              The Buyer may pay for ordered goods using one of the following methods (the selection may be limited, therefore the final list of payment methods applicable to the respective order shall be specified in the respective order):

7.2.1.          Payment through an internet bank is possible thanks to Maksekeskus, allowing you to pay for your internet purchases easily and safely. You will be redirected to a page where you can choose your bank and pay with the bank link you prefer. Using bank links, credit card payments and one-click and recurring payments.

7.2.2.           using other methods specified on Semvice.com.

7.3.              The goods order is confirmed, when the Seller receives payment for the goods, or when confirmation related to the financing of a purchase has been received.

7.4.              By agreeing to the Terms, the Buyer agrees that any purchase documents – VAT invoices, which are also warranty documents for the goods, may be provided physically together with the goods or electronically via the e-mail address specified in the Buyer’s registration form immediately after the order has been executed. The VAT invoices shall include details of the Seller, selected goods, their quantity, provided discounts, final price of the goods, all taxes, and other data, which should be provided in accordance with regulatory enactments regulating accounting.

8. guarantee of quality of the goods and their usable shelf life

8.1.           The properties of all the goods sold by the Seller on Semvice.com shall be specified in the description of the goods, which is provided for all goods.

8.2.           The goods offered for sale by the Seller are of good quality. The goods meet the provisions of a consumer purchase agreement, if:

8.2.1.      the goods correspond to the description provided by the Seller and have the same properties as the goods that the Seller provided as a model on Semvice.com;

8.2.2.      the product is suitable for use in the way such goods are usually used;

8.2.3.      the goods meet the quality criteria that usually apply to goods of the same type and which the Buyer may reasonably expect based on the nature of the goods and publicly made statements of the manufacturer of the goods, its representative, including advertising and labelling of items, regarding specific properties of the item.

8.3.           Neither the Seller nor Semvice.com shall be liable if the size, shape, colour or other parameters of the goods sold on Semvice.com do not match the real size, shape, colour or other parameters of the goods due to the specific characteristics of the monitor used by the Buyer or other technical reasons not attributable to the Seller. Images of the Goods are intended for reference only and are an example. Colours, inscriptions, parameters, measurements, sizes, functions and / or any other properties due to their visual peculiarities may differ from the images, therefore we advise you to guide yourself by the properties of the goods, which are specified in the descriptions of the goods. It is advisable for the Buyer to read the description of any goods a couple of times.

8.4.           The Seller provides a quality guarantee, which is valid for a specific period of time, and other conditions which are specified in the descriptions of such goods, or together with an invoice for the goods, which corresponds to the warranty sheet.

9. right of withdrawal from the purchase agreement; procedure for returning or replacing goods

9.1.         Additional money back guarantee used by the Seller

9.1.1.      After the 14 (fourteen) day period, but before 30 (thirty) days have passed after the date of delivery or receipt of the goods the Buyer may exercise the additional money back guarantee provided by the Seller to the Buyer, if all the goods to be returned have authentic labels, protective bags and are in their original packaging, and the disposable packaging has not been damaged, i.e. the goods look the same as when they were sold.

9.1.2.      The Buyer must inform the Seller of his/her intention to use this guarantee within 30 (thirty) calendar days of the date the Buyer received the goods. The notice shall be sent by e-mail. The notice must state the goods that are being returned.

9.1.3.      If the notice is filed after 14 (fourteen) calendar days, but before 30 (thirty) calendar days have passed after the date the Buyer received the goods, the Buyer shall bear all the expenses and risks related to returning the goods. In all cases, the goods must be returned to the respective Seller within 30 (thirty) calendar days, which are calculated from the date of delivery or receipt of the goods.

9.1.4.      The Buyer shall be entitled to return the goods by sending them to the address specified on the electronic trading website Semvice.com.

9.2.           Terms of replacing and returning goods of poor quality

9.2.1.      Rectifying faults in sold goods, replacing or returning low-quality goods shall be carried out in the manner set out in the Terms, as well as in compliance with the requirements of regulatory enactments of the Republic of Estonia.

9.2.2.      If the Buyer has bought goods of poor quality and has made a note of this on the goods delivery and acceptance document, or poor quality of the goods is due to a manufacturing defect, which existed at the time of buying the goods, or specifications specified by the manufacturer are not complied with, the Buyer may return the goods and request at his/her discretion:

9.2.2.1.       that the buyer rectifies the faults of the goods, if they can be rectified, free of charge within a reasonable period of time;

9.2.2.2.       that the purchase price is reduced accordingly;

9.2.2.3.       that the goods are replaced with similar goods of correct quality, unless the faults are minor, or they occurred due to the Buyer’s fault;

9.2.2.4.       that the paid price is refunded and the Buyer may withdraw from the purchase agreement, when the sale of goods of poor quality is a serious violation of the order.

9.2.3.      The Buyer may choose only one method of protection of rights under Clause 9.2.2 of the Terms. The Buyer must state his/her choice, when returning the goods to the Seller. If the Buyer chooses a method under Clause 9.2.2 of the Terms, and the Seller cannot do that, the Seller shall offer an alternative method specified in Clause 9.2.2. The Buyer cannot change the selected method of protection of rights. The Buyer cannot terminate a purchase agreement, if the shortage of the goods is insignificant.

9.2.4.      If the Buyer wants to return the goods, the following conditions should be observed:

9.2.4.1.       The Buyer must inform the Seller thereof using the contact details specified on the invoice or to Semvice.com by e-mail to info@semvice.com; the notice must state the goods to be returned;

9.2.4.2.       The Buyer must provide a document of purchase of the goods and the document confirming the warranty (if applicable);

9.2.4.3.       The Buyer must request a free form and submit it to the Seller or Semvice.com.

9.2.6.      The Buyer must cover the delivery expenses of the goods and the expenses of returning the goods, but the Seller, having made sure that the goods have been returned due to poor quality, must reimburse the Buyer for any delivery and returning expenses incurred other than those specified in the Terms.

9.2.7.      Money shall be refunded to the Buyer within 14 (fourteen) calendar days after the Seller has received notice from the Buyer that the goods were of poor quality, but if the goods have not been returned to the Seller within the deadlines set in this Clause, the period is counted from the date the Goods are returned to the Seller.  

9.2.8.      Money shall not be refunded for any goods, which have been damaged deliberately or out of negligence (goods that have been affected by chemicals, water, open flames, high temperature, sharp objects, etc.), or the instructions of use or storage of the goods have been violated, or the goods have been used inappropriately or not as intended.

9.3.           Replacing and returning goods, if the wrong goods have been delivered

9.3.1.      If the wrong goods have been delivered to the Buyer, the Buyer must immediately, and always within 7 (seven) working days, inform Semvice.com by e-mail to info@semvice.com.    

9.3.2.      When the goods are returned, the Buyer must specify the sender’s address and package the goods so that they do not get damaged during shipment. The Seller, from which the Buyer has bought goods, shall be entitled not to refund any goods that have been returned damaged. The Seller shall not be responsible for any parcels that have been sent by the Buyer improperly packaged, with a wrong address, as well as any parcels that have been lost or damaged, while being returned to the Seller.

10. responsibility

12.1.           The Buyer shall be responsible for any unauthorised actions performed on Semvice.com.

12.2.           A registered Buyer shall be responsible for the safekeeping and/or transfer of his/her credentials to third parties. If the services provided on Semvice.com are used by third parties by connecting to Semvice.com using the Buyer’s credentials, the Seller shall consider this person to be the Buyer.

12.3.           The Seller shall be released from any responsibility in cases when losses occur because the Buyer, despite the Seller’s recommendations and own liabilities, has not read these Terms, the Confidential Information Privacy Policy and the Terms of use of www.Semvice.com, although such opportunity has been provided to him/her.

11. delivery

11.1.          The orders are delivered from 8 to 17, Monday through Friday. Delivery time depends on your location and where it lies on the delivery route. To find out a more accurate delivery time, please go to https://www.venipak.ee/en/contacts
11.2.          Once the courier receives your package, you will be able to change the delivery address the next business day. In this case, the delivery will be delayed by 1 business day. You can email your new delivery address at helpdesk.ee@venipak.com or call us at +3726414481.
11.3.          You can track your order by entering your shipment/package tracking number at https://www.venipak.ee/en/tracking-information/
11.4.          You can change or cancel your order by emailing us at info@semvice.com

12. final provisions

12.1.           These Terms have been drawn up in accordance with regulatory enactments of the Republic of Estonia.

12.2.          The relationships established on the basis of these Terms shall be subject to the law of the Republic of Estonia.

12.3.          All disagreements that occur as a result of following these Terms shall be resolved through negotiations. If no agreement is reached within 20 (twenty) calendar days, any disputes shall be resolved in the manner prescribed by the law of the Republic of Estonia.