Terms of purchase
1. General terms
1.1. These terms and conditions (hereinafter referred to as the "Terms") apply to the purchase of products from the Gastro e-shop at the internet address www.gastro.ee. The seller of the products is Gastro Suurköögid OÜ (hereinafter referred to as the "Gastro e-shop"), reg. no. 12316636, VAT reg. EE101596471, address Silikaltsiidi 2, Tallinn 11216, email firstname.lastname@example.org. The Terms govern the legal relationship arising from the purchase of products between the seller and any person (hereinafter referred to as the "Buyer") using the Gastro e-shop.
1.2. The Buyer may familiarize themselves with the Terms on the website www.gastro.ee prior to making a purchase. By making a purchase from the e-shop, the Buyer agrees to be bound by the Terms.
1.3. In addition to the Terms, the legal relationship arising from the purchase of products through the Gastro e-shop is governed by the laws of the Republic of Estonia.
1.4. The Gastro e-shop reserves the right to correct product prices. In such a case, the Gastro e-shop reserves the right to refuse the sale and refund the Buyer's payment to their account within 7 working days.
1.5. The Gastro e-shop reserves the right to refuse the sale if a human error occurs when entering the price or a technical error occurs in the system (for example, if a refrigerator worth 500 EUR is suddenly sold for 50 EUR, it is clearly a mistake. Therefore, it is assumed that the Buyer should understand that the product cannot be sold at such a price).
1.6. The product images displayed in the e-shop are for illustrative purposes only.
1.7. The availability of products cannot be guaranteed, as the stock may change at any time.
1.8. Due to the incomplete nature of the manufacturer's data sheets, there may be inaccuracies in the product information on the Gastro e-shop. The product information is regularly checked and updated. The data may have been updated since the Buyer's last visit. In this case, the Gastro e-shop does not assume responsibility for the accuracy of the product information. We recommend that the Buyer check the accuracy of the product information by calling the Gastro information phone at +372 609 0633 before making a purchase.
2. Prices and fees
2.1. All prices in Gastro e-shop are presented in euros and do not include value added tax (VAT). The client can change the display of prices in the online store to include VAT.
2.2. Additional fees may apply to the product price indicated in Gastro e-shop, including shipping costs, which will be displayed in the shopping cart when selecting the shipping method.
2.3. The client pays the full amount of the sales price of the goods and the delivery fee in advance according to point 3.8.
2.4. The assortment and prices in Gastro e-shop may differ from those in Gastro's physical store. The exact pricing information is described separately for each product on the product card.
3. Placing an order in the online store
3.1. Orders can only be placed by fully legal and capable individuals as physical person Buyers.
3.2. Orders can be placed either by logging in/registering as a Gastro customer or as an anonymous customer. The order history and the items in the wish cart can be used by customers logged in with a Gastro account.
3.3. The minimum order from Gastro e-shop is 10€ + shipping cost.
3.4. Products that have the "Add to Cart" link can be purchased from Gastro e-shop. The price and availability of the goods may change without prior notice. If the Buyer has placed an order before the price of the goods changes, the price valid at the time of the order shall apply, except as described in points 1.6 and 1.7.
3.5. Gastro e-shop has the right to withdraw from the Sales Agreement concluded through the e-shop and not to deliver the ordered goods or provide the service in the following cases: the goods have run out of stock; it concerns goods with the "On Order" status in the e-shop, which have run out of stock; the price or characteristics of the goods have been displayed incorrectly in the e-shop due to a system error.
3.6. To place an order by e-mail, the Buyer must have either the product code or the full name of the product, express their preferred delivery method, and provide their details. Payment for orders placed by e-mail cannot be made by bank card or bank transfer.
3.7. When placing an order, the Buyer is aware that the order entails a payment obligation and confirms that they have read the Gastro e-shop order conditions.
3.8. Cart and order processing
3.8.1. The cart is created when you click the "Add to Cart" button. By clicking "Cart," the Buyer can see their entire cart with the amount to be paid.
3.8.2. The number of items in the cart is not limited, and the quantity can be changed. The Buyer must choose the appropriate delivery method in the cart and enter the courier selection. To continue the order process, click the "Place Order" button.
3.8.3. In the next step, the Buyer must choose the payment method and confirm the order by clicking the "Confirm Order" button.
3.8.4. Before finally confirming the order, the Buyer must ensure that the details entered for both the selected product and the Buyer's data are accurate, as the speed and smooth delivery of the purchased products depend on the accuracy and correctness of this information.
3.9. Payment for products
3.9.1. To make a payment, select a preferred payment method on the order processing page:
- via payment centre (Swedbank, SEB, LHV, COOP Bank, Luminor, Pocopay);
- by bank transfer to Gastro's settlement account, which is listed on the invoice;
- card payments (Visa, MasterCard);
- payments from Finland (Ålandsbanken, Danske Bank, Handelsbanken, Nordea, OmaSP, OP, POP Pankki, S-Pankki, Säästopankki, Revolut, N26).
3.9.2. When making a payment via bank links, be sure to click the "Return to Merchant" button on the bank's page. Payments are mediated by Maksekeskus AS. Payment takes place in a secure environment outside the Web store - when paying via bank links in the secure environment of the relevant bank and when paying by credit card in the secure environment of Maksekeskus AS. The Seller has no access to the customer's bank and credit card information.
3.9.3. Orders are processed and delivered with a 100% prepayment.
3.10. The sales agreement for the products is considered concluded (Entry into force of the Agreement) upon receipt of the amount payable according to the order confirmation to the bank account of Gastro Suurköögid OÜ.
3.11. When placing an order in the online store or by e-mail, the Buyer must receive a confirmation letter indicating the selected delivery method(s) and the estimated delivery time.
3.12. Any changes in name and address must be immediately notified to the Gastro e-shop customer service by e-mail at email@example.com.
3.13. If it is not possible to complete the order for the goods, the Gastro e-shop will refund the money to the Buyer immediately, but no later than within 14 days.
3.14. In case it is not possible to deliver the product ordered by the Buyer within the delivery time specified in the product description (due to the product being out of stock or other circumstances beyond the control of Gastro Suurköögid OÜ), we will notify the Buyer as soon as possible by the contact phone number or e-mail provided by the Buyer when placing the order and also inform the new delivery time for the ordered product. If the Buyer loses interest in purchasing the product due to the longer delivery time, the Buyer has the right to cancel the order (see points 6.1. and 6.3.) and the amount paid by the Buyer (including the transport cost) will be refunded.
4. Delivery and handover of products
4.1 Goods are shipped within the Republic of Estonia and by separate agreement, we offer transport to Finland as well.
4.2 After the Agreement enters into force, the products will be delivered to the Buyer by the delivery method chosen by the Buyer upon placing the order.
4.2.1. Pickup in-store. The ordered product can be picked up from the Gastro store. To do so, select the "Pickup in-store" option from the transportation methods. After payment and product assembly, we will notify the Buyer by email. NB! The product will be issued upon presentation of the "order confirmation" or invoice and an identification document.
4.2.2. Itella SmartPOST transport to parcel post machines.
Gastro allows its customers to order goods to the Itella SmartPOST mail parcel machine that suits them. The maximum package weight is 25 kg and the size is 60cm x 36cm x 60cm. Detailed conditions can be found at: http://uus.smartpost.ee/
4.2.3. DPD parcel machine transport to parcel machines.
Gastro allows its customers to order goods to the DPD Parcel Machine that suits them. The maximum package weight is 20 kg. and size 37cm x 40cm x 60cm. Detailed conditions can be found at: www.dpd.com/ee/et/
4.2.4. DPD courier service
The approximate delivery time for the product is indicated on the product card. However, it should be taken into account that the exact delivery time depends on the quantity of goods and the destination. Delivery of goods takes place from Monday to Friday from 9.00-17.00, in the Tallinn region from 9.00-20.00. The courier will call or send a text message and agree with the buyer on the exact time and place of delivery of the goods.
4.3 The Buyer bears the shipping costs, and the corresponding price information is displayed next to the shipping method.
4.4 For large shipments, the postage cost is calculated separately, and we will inform you of its size when we have processed the order.
4.5 Shipments of goods available in stock in Estonia usually reach the destination specified by the Buyer within 3-14 business days from the effective date of the sales contract.
4.6 For large and custom order items, the delivery time varies between 2-7 weeks depending on the manufacturer. To specify the delivery time, please contact firstname.lastname@example.org.
4.7 If the product ordered by the Buyer is not actually in stock due to incorrect display on the website and must be ordered from a specific supplier, and it is clear that delivery of the product within the delivery time specified in the product description is not possible, and in other cases where timely delivery of the product is not possible due to circumstances for which Gastro Suurköögid OÜ is not responsible, the Buyer will be informed thereof by the contact telephone or e-mail indicated by the Buyer when placing the order within 3 working days of the entry into force of the Agreement in accordance with Clause 2.2 of the Terms, and also notified of the delivery time of the ordered product. If the Consumer loses interest in purchasing the product due to a longer delivery time, the Consumer has the right to cancel the order and the amount paid by the Buyer will be refunded.
4.8 In exceptional cases, the right to deliver the goods within 45 calendar days is reserved.
4.9 It is important to ensure the accuracy of the contact information provided when placing the order (contact information to avoid delays and misunderstandings in the delivery of products). Gastro Suurköögid OÜ or the courier company is not responsible for any delay or misunderstandings in the delivery of products if the delay or misunderstanding is due to inaccuracies or incorrect information provided by the Buyer when placing the order.
4.10 The ordered goods will be handed over to the Buyer by the courier against signature.
4.11 If the option "I will come to pick up the product myself" is chosen, the product will be issued to the Buyer from the Gastro Suurköögid OÜ store at Silikaltsiidi 2, Tallinn upon presentation of an identity document. The Buyer will receive a confirmation by e-mail when the product has been assembled and is ready for pickup. The pickup of products ordered from the online store takes place on weekdays (Mon-Fri) from 9:00-16:30. Products are not issued on public holidays.
5. Cancelling an order and returning products
5.1. After receiving the order, the Buyer has the right to withdraw from the contract concluded in the e-shop within 14 days.
5.2. The right of withdrawal does not apply if the Buyer is a legal person.
5.3. In order to use the 14-day right of withdrawal, the ordered goods may not be used in any other way than is necessary to ensure the nature, characteristics, and functioning of the goods in the same way as it would be possible to do in a physical store.
5.4. If the goods have been used for any purpose other than necessary to ensure the nature, characteristics, and functioning of the goods, or there are signs of use or wear and tear, the online store has the right to reduce the refundable amount according to the decrease in the value of the goods.
5.5. To return the goods, a letter must be sent to the email address email@example.com, naming the product being returned and the reason for the return, within 14 days of receiving the goods.
5.6. The cost of returning the goods shall be borne by the Buyer, except in cases where the reason for the return is that the item to be returned does not correspond to the ordered item (e.g. wrong or defective item).
5.7. The Buyer must return the goods within 14 days following the submission of the withdrawal application or provide evidence that they have handed over the goods to the carrier within the aforementioned period.
5.8. Upon receipt of the returned goods, the online store shall immediately, but not later than 14 days after receiving the notice of withdrawal, refund all payments received from the Buyer under the contract.
5.9. The online store may refuse to make refunds until the goods subject to the contract have been returned or until the Buyer has provided proof of returning the goods, depending on which occurs earlier.
5.10. If the Buyer has explicitly chosen a delivery method other than the cheapest standard delivery offered by the online store, the online store is not required to refund the additional cost beyond the standard delivery method.
5.11. The online store has the right to withdraw from the sales transaction and demand the return of the goods if the price of the goods in the online store has been significantly lower than the market price of the goods due to an error.
6. Right to submit a complaint and return non-conforming products
6.1. According to the Law of Obligations Act, the Customer has the right to make claims for non-compliance with the terms of the contract for a period of 2 years from the receipt of the product. In the case of a defect that occurred within the first six months, it is presumed that the defect existed at the time of purchase and the nature of the defect must be determined by the seller.
6.2. In case of a product defect, the Customer is obliged to inform Gastro Suurköögid about the problem by email at firstname.lastname@example.org and provide the following information: name, contact details, and product defect. The relevant statement must be sent no later than 2 months after discovering the defect.
6.3. Gastro Suurköögid is not responsible for:
- damage to the product caused by the fault or negligence of the Customer.
- defects that have arisen as a result of the non-intended use of the product.
- the natural physical wear and tear of the product under normal use.
6.4. The repair or replacement of defective goods will be agreed upon between Gastro Suurköögid and the Buyer.
6.5. All claims will be reviewed and the Buyer will be contacted as soon as possible, but no later than 7 working days from the receipt of the claim.
6.6. The Buyer has the right to demand a reduction in the purchase price from Gastro Suurköögid or to demand a refund for the product if Gastro Suurköögid is unable to repair or replace the product, or if the repair or replacement of the product fails.
7. Processing of personal data
7.1. By entering data in the online store and with the corresponding confirmation, the Buyer gives the right to collect and process the Buyer's personal data (name, contact phone number, package delivery and/or home address, e-mail address) and to transmit personal data to logistics partners for the delivery of goods.
7.2. Gastro Suurköögid has the right to use the Buyer's contact details to transmit advertising and other information to the Buyer.
7.3. The buyer has the right to prohibit the collection and use of his personal data at any time, unless it is necessary to collect a claim arising from the contract or to deliver the goods.
7.4. Gastro Suurköögid is the responsible processor of personal data, which transfers the personal data necessary for making payments to the authorized processor Maksekeskus AS.
8. Solving arguments
8.1. If the buyer has any complaints regarding the online store, they must send them to the email address email@example.com or call the phone number: +372 6090633.
8.2. If Gastro Suurköögid refuses to resolve the buyer's complaint or if the buyer does not agree with the solution offered by Gastro Suurköögid and believes that their rights have been violated or their interests have been harmed, the buyer may file a complaint with the Consumer Dispute Committee through the Consumer Protection Board. The buyer may file the complaint themselves or through a representative. The contact information for the Consumer Dispute Committee is available on the Consumer Protection Board's website. To resolve problems that arise in EU member states, buyers may contact the European Union's consumer advisory center.
9. Responsibility and force majeure
9.1. The Gastro online store is responsible to the Buyer, and the Buyer is responsible to Gastro Suurköögid OÜ for any damages caused by a breach of these terms and conditions, in cases and to the extent provided for by the laws of the Republic of Estonia.
9.2. The Gastro online store is not responsible for any damages caused to the Buyer or for any delay in delivery of the product, if the damage or delay is caused by circumstances that Gastro Suurköögid OÜ could not influence, and the occurrence of which could not be foreseen by Gastro Suurköögid OÜ (force majeure).
9.3. The Gastro online store does not compensate the Buyer for any unused opportunities resulting from changes in delivery times, if the Buyer has been notified of the extended delivery time and has agreed to it, which means that the Buyer has not expressed a desire to cancel the order due to the extended delivery time.
10. Other terms
10.1. Issues not resolved separately in these conditions are based on the legislation in force in the Republic of Estonia.
10.2. Disputes arising between the Buyer and Gastro Suurköögid OÜ related to ordering and purchasing products through the Gastro e-shop shall be resolved through negotiations. In the event of failure to reach an agreement, the Consumer has the right to turn to the Consumer Protection and Technical Regulatory Authority (at the e-mail address firstname.lastname@example.org) or to the Tallinn City Court to protect their rights. Dispute resolution shall be based on Estonian legislation. More detailed information on dispute resolution outside the court can be found at www.ttja.ee and www.komisjon.ee.
10.3. In addition to the above, the Buyer has the right to use the online dispute resolution platform (ODR) at http://ec.europa.eu/odr to resolve disputes related to goods or services purchased from the Gastro e-shop. The online dispute resolution platform is primarily intended for resolving cross-border disputes, allowing consumers to more easily find a suitable non-judicial unit in the trader's Member State to resolve a specific dispute.