User Agreement for the Services provided in the Merchant Estonia online store.
Terms and definitions used in this Agreement
Merchant Estonia – online-store Merchant Estonia, duly registered legal entity with the brand name “Merchant Estonia OÜ” (Merchant Estonia OÜ, Tartu mnt 25-21Tallinn, 10117 Estonia), operating through the online resource www.merchant-ee.com and related services.
Website – the resource located on the Internet at www.merchant-ee.com and being the property of the Merchant Estonia OÜ.
Goods – consulting services provided in the Online Consulting Catalogue on the Website.
Registration – procedure of entering the User’s personal data in a special form on the Website, required for the Merchant Estonia to perform the Contract under which the registered User is a beneficiary, as well as for the User’s access to personalized services on the Website.
Personal data – personal information (including name, surname, patronymic, date of birth, address, telephone number, email address), voluntarily and consciously provided by the User when ordering on the Website, and required to perform Merchant Estonia Contract under which the registered User is a beneficiary, as well as for the User’s access to personalized services on the Website.
Contract – the relationship between Merchant Estonia and the User to purchase the Goods under the terms of this Agreement arising upon the Order confirmation on the Website.
User – any individual or legal entity (legal representative) voluntarily placed an Order on the Website www.merchant-ee.com.
Order – the User’s application for the purchase of the Goods from the Merchant Estonia catalogue, made in an electronic form on the Website (hereinafter – the “Basket”).
Confirmation of the Order is made by assigning a unique identification number to this Order, which is sent to the email address specified when the User undergoes registration.
Services – activities of Merchant Estonia related to the User in order to fulfill the terms of the Contract.
Agreement – the present User Agreement regulating the relations of Merchant Estonia and the User for the entire period of provision of the Services and the User’s access to the personalized services on the Website.
- Validity of Agreement
1.1 The present Agreement is valid for all legal relations arising between the User and Merchant Estonia.
1.2 In addition to the present Agreement, the legal relations arising from the purchase of Goods on the Website shall be regulated by legal acts of the Republic of Estonia.
1.3 Merchant Estonia has the right to modify and supplement this Agreement and price lists in order to develop the Website and to increase the reliability of its use. Amendments to the Agreement and price lists are available on the website – www.merchant-ee.com.
Amendments to the Agreement or its Appendices, as well as to the price list, shall enter into force from the moment of publication on the website – www.merchant-ee.com. If the Order is placed before the new Agreement becomes valid, the Agreement valid at the time of filing the Order shall apply, unless otherwise provided by law or by the present requirements.
- User Registration Obligations
2.1. To purchase the Goods from the Merchant Estonia catalogue and also to access the personalized services on the Website, you agree to provide reliable and complete information during the registration process which is required to perform obligations by the Merchant Estonia related to the Goods you purchase and/or your access to personalized services on the Website. You also agree to keep this information up to date.
2.2. If you provide wrong information, or Merchant Estonia has serious reasons to believe that the information you provided is incomplete and/or inaccurate, Merchant Estonia has the right to refuse you to use its services.
- User Obligations when using the Website Services
3.1. You agree not to use the Website services for:
3.1.1. Downloading the content that is illegal or violates any rights of third parties; promotes violence, cruelty, hatred and/or discrimination on racial, ethnic, gender, religious, social grounds; contains inaccurate information and/or insults to specific individuals, organizations, authorities;
3.1.2. Motivating to commit unlawful acts and to assist individuals whose actions are aimed at violation of the restrictions and prohibitions in force on the territory of the Republic of Estonia;
3.1.3. Violation of the rights of juveniles and/or for harming them in any form;
3.1.4. Infringement of minority rights;
3.1.5. Representing falsely oneself to be another person or representative of an organization and/or community without sufficient rights, including to be employees of the Merchant Estonia;
3.1.6. Misleading about the properties and characteristics of any Goods from the Merchant Estonia catalogue on the Website; incorrect comparison of the Goods and formation of a negative attitude towards individuals (not) using certain Goods, or negative judgment of such persons;
3.1.7. Downloading content that you have no right to make available under the laws of the Republic of Estonia or under any other contractual relations;
3.1.8. Downloading content that affects and/or contains any patent, trademark, trade secret, trade name, copyright and related rights, as well as any other rights to the results of intellectual activity owned or legally used by third parties;
3.1.9. Downloading unsolicited advertising information and/or spam;
3.1.10. Collection and processing of personal data and information about private life of any person;
3.1.11. Disruption of the normal operation of the Merchant Estonia Website;
3.1.12. Violation of the laws of the Republic of Estonia or international law.
3.2. When using the Website services, you agree not to use swear words, obscene and offensive images, comparisons and expressions, including gender, race, nationality, profession, social category, age, language of a person and a citizen, as well as against organizations, authorities, official state symbols (flags, emblems, hymns), religious symbols, objects of cultural heritage (monuments of history and culture).
3.3. You acknowledge and agree that Merchant Estonia has the right (but not the obligation) in its sole discretion to refuse to post and/or delete any content available through the personalized services of the Website.
- Informational Support of the User
4.1. You hereby voluntary agree to receive notifications about Merchant Estonia activities related to the provision of the Services, including the status of an Order, as well as other events of any nature related to the personalized services of the Website.
4.2. You hereby voluntary agree to receive notifications via your email provided during the registration process on the Website, and/or SMS notifications sent to your mobile phone number.
4.3. You agree that Merchant Estonia is not responsible for delays, failures, incorrect or untimely delivery, deletion or failure to store any notifications. At the same time, Merchant Estonia reserves the right to re-send any notice in case of non-receipt by you.
4.4. All questions on the informational support you can ask in the Customer Support Service at email@example.com.
5.4. You acknowledge that your consent to the processing of personal data given to Merchant Estonia, applies to all affiliated entities of Merchant Estonia.
5.5. The User’s personal data collected and processed by Merchant Estonia:
5.5.1. Merchant Estonia uses API PSP provider, the Customer’s card data is not saved. All data is transmitted in encrypted form (SSL).
5.5.2. Mandatory personal information that you voluntarily and consciously provide about yourself when placing an Order on the Website, necessary in the first place to fulfil the obligations by the Merchant Estonia with respect to the Goods you purchase, such as:
Name of the Registered User;
Contact phone of the User;
Contact E-mail of the User;
5.5.2. Optional personal data that you voluntarily and consciously provide about yourself at your own discretion, such as age, gender, social status, etc., when placing an Order on the Website or later when you use any of the personalized services of the Website.
5.5.3. Anonymized data automatically received by Merchant Estonia in the process of your visiting any page of the Website through the software installed on your device: IP address, cookie information, data about your browser (or other program that accesses the services of the Website), access time, address of the requested page.
5.6. Merchant Estonia does not verify the accuracy of the personal data provided and does not monitor its relevance. However, Merchant Estonia assumes that you provide valid and sufficient personal data when placing an Order, and maintain this information up to date. You are personally responsible for the consequences of providing inaccurate or invalid personal data.
5.7. Merchant Estonia collects and processes only the personal data that is necessary for the use of the personalized services on the Website and/or for the purchase of the Goods from the Merchant Estonia catalogue on the Website, namely:
5.7.1. Acceptance, processing and delivery of your Order;
5.7.2. Processing and receipt of payments from you;
5.7.3. Informing you about the status of your Order via electronic and SMS notifications;
5.7.4. Improvement of Merchant Estonia quality of work of and related services;
5.7.5. Providing you with effective customer support;
5.7.6. Providing you with personalized services on the Website;
5.7.7. Forwarding information related to the use of your personalized services on the Website;
5.7.8. Improvement of the Website services, convenience of their usage, and also for development of new ones by obtaining your feedback on the current services of the Website;
5.7.9. Informing you about events and promotions conducted by Merchant Estonia;
5.7.10. Performing statistical and other research based on anonymized data.
5.8. Confidentiality of your personal data is preserved, except in cases of voluntary provision of information about yourself for general access to an unlimited number of persons.
5.9. Merchant Estonia protects your personal data in accordance with the requirements for the protection of this kind of information, and is responsible for using safe methods of protecting such information.
5.10. To protect your personal data, to ensure its appropriate use and to prevent the unauthorized and/or accidental access to it, Merchant Estonia applies the necessary and sufficient technical and administrative measures. The personal data you provide is stored on servers with limited access located in protected premises.
5.11. Merchant Estonia has the right to transfer your personal data to third parties in the following cases:
5.11.1. You have clearly expressed your consent to such actions;
5.11.2. The transfer is necessary for the use of a certain Website service or pursuant to the Agreement under which you are the beneficiary. At the same time, Merchant Estonia ensures the confidentiality of your personal data, and you will be notified of such transfer;
5.11.3. The transfer is required by the laws of the Republic of Estonia within the framework of the statutory procedure.
5.12. You may at any time modify (update, supplement) the personal data provided.
5.13. You may at any time request the deletion of personal data provided by contacting the Merchant Estonia Customer Support Service at firstname.lastname@example.org.