Kogemus & Elamus OÜ Sales Terms and Conditions

Definitions Used in Sales Terms
Sales Terms – The following conditions apply when the user orders a service or product through the online store or based on an invoice:
Online Store – The online store/website at www.kogemusjaelamus.ee/eng/
Organizer – Kogemus & Elamus OÜ, registration code 16692603, located in Estonia, Tartu County, Äksi Vikerkaare 3, email: kogemusjaelamus@gmail.com, phone: +372 53736741
User – The user of the online store, participant in services, or purchaser of services or products.
Sales Contract – The agreement between the Organizer and the User regarding the purchase of a service or product, whose terms are specified in the Online Store.
Confirmation – Proof issued by the Organizer to the Customer of the conclusion of the sales contract or acceptance of the terms of use, confirming the Customer’s right to participate in consultations or join the Kogemus & Elamus membership or participate in trainings/courses/events or purchase products. In case of a conflict between the sales terms and the offer, the latter will prevail. Words and concepts used in the singular in the sales terms may include the plural and vice versa.
Service/Good – The service, course/training, event, membership, physical/virtual product offered by Kogemus & Elamus OÜ.

2. Applicability of Sales Terms

2.1. The sales terms apply to the legal relationships between the Organizer and the User that arise from the use of the online store. The use of the online store primarily refers to, but is not limited to, enabling the User to purchase services or products from the Organizer through the established sales platform. It also includes any other services offered in the online store.

2.2. The sales terms apply to all buyers of training, services, or products through the online store, as well as to any persons using the online store in other ways. If the user does not agree with the sales terms, the use of the online store in any form is prohibited.

2.3. The sales terms enter into force between the Organizer and the User when the User provides electronic confirmation of agreeing to these sales terms or begins using the online store.

3. User Rights and Obligations and Confirmations

3.1. User has the right to:

3.1.1. Request an invoice from the Organizer after placing an order.
3.1.2. Make suggestions to the Organizer for improving the user-friendliness of the online store.
3.1.3. Exercise the statutory right of withdrawal in accordance with Section 4.1 of the sales terms.

3.2. The User is obliged to:

3.2.1. Provide accurate personal information when making a purchase in the online store, including registering under their correct and full name and using a valid email address.
3.2.2. Carefully check and be responsible for the accuracy of any data entered during any operation, bearing any potential loss resulting from their own errors. All data entered by the User is displayed in the online store before confirming the payment obligation to detect and correct input errors.
3.2.3. Familiarize themselves with the terms of the Sales Contract.
3.2.4. Not use the online store for illegal transactions (including the unlawful use of another person’s identity).
3.2.5. Immediately notify the Organizer via email of any changes in the data or circumstances that differ from what was submitted during the purchase.

3.3. The User confirms, with each action performed in the online store, that they:

3.3.1. Are a legal person capable of acting and has the right to conduct transactions enabled in the online store.
3.3.2. Is aware that by agreeing to the sales terms, the intent of the User and Organizer is only to create legal relationships explicitly stated in the sales terms.
3.3.5. Is aware and agrees that the Organizer has the right to process the User’s personal data in accordance with the laws of the Republic of Estonia and these sales terms.
3.3.6. Is aware and agrees that by accepting the sales terms, they consent to the Organizer sending commercial notices, offers, and other communications, as well as surveys.
3.3.7. Fully understands and comprehends all the conditions included in the sales terms and recognizes that using the online store entails binding legal obligations.

4. User’s Right of Withdrawal and Its Exercise

4.1. User’s Right of Withdrawal from the Sales Contract:

4.1.1. The User has the right to withdraw from the Sales Contract by notifying the Organizer within 14 days of the conclusion of the contract, but no later than 7 days before the training/course/event or consultation takes place.

4.1.2. The right of withdrawal does not apply if the purchaser is a legal entity.

4.1.3. To return a product, a withdrawal declaration must be submitted, which can be found here: withdrawal declaration, and sent to the email address kogemusjaelamus@gmail.com no later than 14 days after receiving the product.

4.2. Conditions for Returning Goods:

4.2.1. Organizer’s Obligations in the Event of User’s Withdrawal:

Upon receiving the withdrawal notice, the Organizer must promptly refund all payments received from the User under the Sales Contract, but no later than 14 days after receiving the withdrawal notice. The User agrees that the Organizer may make the refund using the payment method chosen by the Organizer.

4.2.2. In accordance with the law of obligations, the right of withdrawal set out in section 4.1 of the Sales Terms does not apply to all services.

In accordance with the law of obligations, the right of withdrawal does not apply to Sales Contracts whose subject is:

4.2.2.1. The provision of digital content not delivered on a physical medium if its transmission has started with the User’s prior express consent, and the User confirms that by doing so they lose their right of withdrawal.

4.2.2.2. In the case of cancellation of an order for a physical product (if the product has already been delivered to the customer), the User is responsible for paying the return shipping costs, and the product must reach the Organizer in an undamaged condition.

4.2.2.3. The User must return the product within 14 days after submitting the withdrawal request, or provide proof that they have handed the product over to the carrier within the aforementioned period.

4.2.2.4. Upon receiving the returned undamaged product, the Organizer must promptly refund all amounts received from the User under the contract, but no later than 14 days after receiving the returned product.

4.2.2.5. The Organizer may refuse to make any refund until the product, which is the subject of the contract, has been returned in an undamaged condition.

4.2.2.6. If the User has expressly chosen a delivery method other than the cheapest standard delivery method offered by the Online Store, the Organizer is not obligated to refund the costs exceeding the cost of the standard delivery method.

4.2.2.7. The Organizer reserves the right to withdraw from the sale and demand the return of the product if the price of the product in the online store was incorrectly marked significantly below the market price due to an error.

4.3. If the Sales Contract or any legal act provides more favorable withdrawal conditions for the User, then the terms specified in the Sales Contract or the relevant legal act shall apply. Otherwise, the withdrawal conditions specified in these Sales Terms between the Organizer and User will apply.

4.4. Organizer’s Right of Withdrawal from the Sales Contract:

4.4.1. In addition to the statutory provisions, the Organizer has the right to withdraw from the Sales Contract with the User if circumstances arise as set out in the sales offer and the Trainer has partially or fully terminated the provision of the service/product. To withdraw from the Sales Contract, the Organizer will notify the User in writing and refund the amounts paid by the User under the Sales Contract no later than 14 calendar days after sending the withdrawal notice.

5. Organizer’s Rights and Responsibilities

5.1. The Organizer has the right to:

5.1.1. Terminate the conclusion of the Sales Contract if the Organizer suspects that the service is being used dishonestly or unlawfully.

5.1.2. Remove or suspend the operation of the Online Store at any time without prior notice.

5.1.3. Monitor activities in the Online Store, including observing how Users interact with the online environment.

5.1.5. Send commercial notices, offers, newsletters, other notifications, and surveys to Users.

5.2. The Organizer is not liable in any case for:

5.2.1. Errors caused by third parties that affect the technology or result in situations where a money transfer or card payment may fail. If there are any issues with money transfers or card payments, the User is required to notify the Organizer’s customer service immediately.

6. Notices between the Parties

6.1. All notices and information exchange between the User and the Organizer take place electronically via the email addresses provided by the parties in the Online Store. A notice is considered received by the other party if it has been sent to the other party’s email address, and five working days have passed since the transmission.

6.2. If the confirmation has not been sent to the User’s email address within three hours after the User deposits money with the Organizer, or if any other information or confirmation that the User expects from the Organizer has not arrived in a reasonable time, the User must immediately inform the Organizer.

7. Intellectual Property

7.1. The Organizer’s Online Store and its components (including but not limited to the Organizer’s website’s graphical interface, sales offers, images, social media pages, etc.), and the related software, the Organizer’s trademark, and other objects protected by copyright in the Online Store, are separate works protected by copyright that Users are not entitled to use during or after their time as a User without the Organizer’s written permission. In case of dispute, it is presumed that the object is protected by copyright, and the copyright belongs to the Organizer.

8. Processing of User’s Personal Data

8.1. The Organizer has the right to process personal data received from the User during registration as an E-shop user and/or during the use of the E-shop, or data collected in other ways by the Organizer or through the use of the E-shop, under the conditions set out in this chapter, in accordance with the Personal Data Protection Act.

8.2. The personal data processed include the User’s name, email address, mobile phone number, bank account number, age, personal identification number, residence or delivery address, information obtained through surveys regarding marital status, income, gender, age, number of children, education, and consumption preferences, as well as other similar data necessary for the provision of the Service.

8.3. The Organizer uses personal data to provide, further develop, and personalize services to Users. These services include the facilitation of services in the E-shop and organizing offers that are as favorable and personalized as possible for Users.

8.4. The User gives consent to the Organizer to process their personal data to the extent and for the purposes specified in this chapter. The User has the right to withdraw their consent to the Organizer at any time, to demand the cessation of the processing of personal data, and to request the deletion of collected personal data. Withdrawal of consent does not have retroactive effect.

8.5. The Organizer does not disclose the User’s personal data to third parties or make them public, except in cases prescribed by law.

8.6. Kogemus & Elamus OÜ is the responsible processor of personal data and transfers the necessary personal data for payment processing to the authorized processor, Maksekeskus AS.

9. Validity of the Sales Contract, Product and Price Information

9.1. The prices of products sold in the E-shop are indicated next to the products. A delivery fee is added to the price of the goods. All prices of goods sold in the E-shop are in euros.

9.1.2. The delivery fee depends on the buyer’s location and the chosen delivery method. The delivery fee is displayed to the buyer when placing the order.

9.1.3. Information about the product is provided directly next to the product in the E-shop.

9.2. Placing an Order

9.2.1. To order a service, the desired products must be added to the shopping cart. To complete the order, the required fields must be filled in, and an appropriate delivery method for the products must be selected. The total price is then displayed on the screen, which can be paid securely via the following payment methods:

• Estonian bank payments: Swedbank, SEB, Luminor, LHV, Coop Pank, Citadele, Pocopay
• Estonian pay-later solutions: Inbank pay next month, Inbank split into installments, Liisi ID
• NB! When paying via a bank link, be sure to press the “Return to merchant” button on the bank page.

9.2.2. Payments are processed by Maksekeskus AS. Payment occurs in a secure environment outside the E-shop—via the respective bank’s secure environment when paying with a bank link, and via the secure environment of Maksekeskus AS when paying with a credit card. The seller does not have access to the customer’s bank and credit card information. The contract becomes effective when the amount due is received in the E-shop’s settlement account.

9.2.3. The owner of the E-shop is the responsible processor of personal data and transfers the necessary personal data for payment processing to the authorized processor, Maksekeskus AS.

9.2.4. If the ordered goods cannot be delivered due to the goods being out of stock or for other reasons, the User will be notified as soon as possible, and the paid money (including delivery costs) will be refunded immediately, but no later than 14 days from the notice.

10. Delivery

10.1. Goods are shipped to the following countries: Estonia.

10.2. To receive the goods, the buyer has the following options: Omniva and DPD parcel terminals in Estonia.

10.3. The user bears the cost of delivery, and relevant price information is displayed alongside the delivery method.

10.4. Domestic shipments within Estonia generally reach the destination specified by the User within 15 working days from the conclusion of the sales contract.

10.5. In exceptional cases, the right to deliver the goods may extend up to 45 calendar days.

11. Amendments to the Sales Terms

11.1. The Organizer has the right to unilaterally amend or supplement the E-shop and the Sales Terms at any time, based on the development of the E-shop and services or products, including the termination of the E-shop.

11.2. The Organizer undertakes to notify the User of amendments or supplements to the Sales Terms through appropriate notifications published.

11.3. Amendments and supplements to the Sales Terms become effective when published in the E-shop and confirmed by the User’s acceptance of them in the E-shop.

12. Final Provisions

12.1. The legal relationship arising from the use of the E-shop between the User and the Organizer is governed by the laws of the Republic of Estonia. The legal relationship arising from the Sales Contract between the User and the Organizer is governed by the laws of the Republic of Estonia and/or the legal acts of the country specified in the Organizer’s Sales Contract and/or provisions of international law. In the application of Estonian law, the User is entitled to rely on legal remedies provided in the Law of Obligations Act (e.g., demand performance, refuse to perform obligations, claim damages, withdraw from the contract, terminate the contract, reduce the price, demand interest in case of delay in fulfilling a monetary obligation).

12.2. Any disputes arising from the use of the E-shop will be resolved through negotiations between the User and the Organizer. In the event that no agreement is reached, the dispute will be resolved by the Consumer Disputes Committee. According to the Consumer Protection Act, the Committee has jurisdiction to resolve disputes arising from a contract that the parties could not resolve through agreement, provided the value of the disputed goods or services is 20 euros or more. If a party disagrees with the Committee’s decision, the dispute will be resolved in court.

12.3. If any provision of the Sales Terms is invalid due to conflict with the law, it does not affect the validity of the remaining provisions of the Sales Terms.

12.4. The Sales Terms are valid when the User uses the Internet environment and remain in effect during the validity of the legal relationships regulated between the User and the Organizer in the Sales Terms.

Kogemus & Elamus OÜ Terms of Use

The User agrees to the following:

• The User may cancel their membership with Kogemus & Elamus at any time, but in doing so, they will lose access to the materials and information obtained through Kogemus & Elamus starting from the end of the month after the last payment. Already paid amounts are non-refundable.
• The User gives consent to monthly payments/automatic payments or invoice payments when joining Kogemus & Elamus Membership.
• The User agrees to the privacy, usage, and sales terms.
• All mandatory rules and conditions specified on the pages related to Kogemus & Elamus OÜ apply.
• It is forbidden to share materials, information, texts, and information shared by others on the services/products with third parties.
• Confidentiality applies to the Organizer’s services/products, meaning shared information is not disclosed to third parties, and the shared information and materials remain between the individuals who shared them.
• The Organizer has the right to change the rules and conditions at any time.
• The Organizer holds the rights to all shared materials and information.
• The Organizer is not responsible for the actions of the User or other parties.
• The Organizer is not responsible for the User’s actions or progress speed.
• The User contributes to their development by listening, trying, and engaging with the service to benefit from it.
• The User understands that their own contribution determines whether the service will be beneficial to them.
• The materials shared by the Organizer are based on the Organizer’s own experiences, learning, and life.
• The User understands that not all shared materials by the Organizer may be suitable for them.
• The User’s decision and responsibility remain whether they participate/try or not.
• If the User is unable to participate in experience counseling, coaching, or sessions at the agreed time, they must inform the Organizer at least 48 hours in advance.
• The Organizer has the right to refuse to provide services to the User if the User fails to comply with the rules, sales terms, or user terms.