NOBA PURCHASE AND USAGE TERMS
1.Validity of the Terms
1.1. These terms apply to all agreements between individuals and the online purchase environment NOBA.ac (hereinafter referred to as NOBA purchase environment) owned by NOBA OÜ (registration code 11215904; address Pärnu mnt 154, Tallinn 11317, Estonia; phone number +372 53 300 122, email info@noba.ac) concerning the purchase of products and services from the NOBA purchase environment.
1.2. In addition to these terms, the legal relations arising from the purchase of products and services from the NOBA purchase environment are governed by the laws of the Republic of Estonia, including the Law of Obligations Act (hereinafter VÕS) and the Consumer Protection Act (hereinafter TKS).
1.3. NOBA OÜ reserves the right to withdraw from the sales contract and refuse to deliver the ordered artwork or provide the service in the following cases:
1) The ordered artwork has been sold by the artist without NOBA OÜ’s knowledge or is otherwise unavailable.
2) The price or properties of the artwork have been incorrectly presented on the NOBA purchase environment due to a error.
If NOBA OÜ is unable to fulfill the order, the buyer will be notified by email or phone, and the order amount will be refunded if the buyer has already paid.
1.4. NOBA OÜ reserves the right to make changes to the terms and prices of the purchase environment. These changes will be reflected on the NOBA.ac website. Changes and additions to the terms and price list will take effect upon publication in the NOBA purchase environment. If an order is placed before the changes take effect, the terms in effect at the time of the order will apply, unless otherwise provided by law or these terms.
2.Price Information
2.1. The prices in the NOBA purchase environment apply to payment of the invoice within the deadline specified in section 4.
2.2. Prices are valid from the time the order is placed until the payment deadline expires (7 days after the order is placed).
3.Reviewing the Product
3.1. Before purchasing an artwork, it is possible to visit the NOBA OÜ office to review the artwork. To arrange a viewing and to have the artwork brought from the artist’s studio to the NOBA OÜ office, please fill out the relevant form in the NOBA purchase environment or send an email to info@noba.ac, specifying the name of the artwork and your contact details.
3.2. The general fee for viewing an artwork is 10% of the artwork’s price, but this may vary depending on the location of the artwork. A precise offer will be sent to the client’s email address and agreed upon with the client. This amount will be credited as a prepayment if the artwork is purchased. If the artwork is not purchased, the return transport cost will be deducted from the prepayment.
4.Shopping Cart and Placing an Order
4.1. Add the desired products to the shopping cart.
4.2. Choose a suitable delivery method for the ordered products. Depending on the chosen delivery method, the NOBA purchase environment may ask for additional information regarding the delivery address and contact person.
4.3. After selecting the delivery method, a selection of payment methods will be displayed. Choose the payment method that suits you.
4.4. You can pay for the purchase in the following ways:
1) via bank links;
2) based on an invoice;
3) via Liisi installment (under a separate agreement).
4.5. Be attentive when entering your details on the order placement page, as the speed and accuracy of delivering the ordered products, as well as the resolution of potential disputes and claims, depend on the accuracy of the information provided.
4.6. Confirm your shopping cart and place the order by selecting either “pay” if you wish to pay immediately via bank link, or “generate invoice” if you prefer to pay later based on an invoice. For installment payments, choose “installment application”.
4.7. Before confirming the shopping cart and placing the order, the buyer is obliged to read the NOBA purchase environment terms of use and confirm that they agree with them.
4.8. Upon confirming the shopping cart, an unregistered buyer will be registered as a user of the NOBA purchase environment, and a username and password will be sent to them.
4.9. Orders placed in the NOBA purchase environment are processed on weekdays between 8:00 and 17:00.
4.10. The sales contract for products and services is deemed concluded from the moment the amount due according to the order confirmation is credited to NOBA OÜ’s bank account.
4.11. The order will be canceled if the buyer has not paid the purchase amount within 7 days.
5.Delivery and Handover
5.1. After the contract is concluded in accordance with section 4, the artworks will be delivered to the NOBA ARS House office (Pärnu mnt 154, Tallinn 11317, Estonia) unless a different address is specified in the order.
5.2. The delivery time for artworks by Estonian artists is generally 14 business days, but they usualley arrive sooner. For artworks by authors from neighboring countries, the time may be longer, and the client will be notified as soon as possible. Delivery means the artwork reaching the NOBA ARS House office.
5.3. For smaller artworks, it is possible to use Omniva or Itella SmartPOST parcel terminals, and for larger artworks, a courier service. The transport cost is displayed in the shopping cart.
5.4. If you chose delivery by courier and your ordered products have been handed over to the courier company, the courier representative will contact you to arrange the delivery time. The courier company will deliver the products to the address specified in the order. It is not possible to change the address later.
5.5. The artworks are handed over packaged in protective wrap or a packaging tube.
5.6. For very large artworks or artworks located outside our region, the transport cost is calculated separately based on a specific offer. The price is also calculated separately if the artwork requires additional packaging for transport.
5.7. Please ensure the accuracy of the contact details provided when placing the order to avoid delays and misunderstandings in product delivery. NOBA OÜ and the courier company are not responsible for delays and misunderstandings in product delivery if they are caused by inaccurate or incorrect information provided when placing the order.
6.Order Cancellation and the Right to Return a Product that Complies with the Requirements
6.1. After receiving the product, the buyer has the right to withdraw from the contract without stating a reason within 14 days (except in the cases specified in VÕS § 53 lg 4).
6.2. The right of withdrawal does not apply if the purchased artwork was specifically ordered according to the customer’s conditions, if it is a photographic artwork, or if the order was placed by a legal entity.
6.3. The 14-day right of withdrawal is valid if the purchased product has not been used for any purpose other than to check its properties and functionality as allowed in a regular store, and the product is in good condition.
6.4. To return a product, a free-form withdrawal statement must be submitted, indicating the order number, buyer’s name, and bank account number. The statement must be sent to NOBA’s email address info@noba.ac no later than 14 days after receiving the product.
6.5. The ordered product must be returned no later than 14 days after submitting the withdrawal statement.
6.6. The returned product must not be damaged or show signs of use, and it must be complete (including all items in the product packaging, including the product packaging itself). If the product has been used or damaged and the damage was not caused by NOBA OÜ or the product’s poor quality, NOBA OÜ has the right to offset the decrease in the product’s value against the amount paid by the buyer and the amount to be refunded.
6.8. NOBA OÜ will refund the amount paid for the returned product no later than 14 days after receiving the product and meeting the withdrawal rights requirements.
6.9. The returned product must be sent by courier to NOBA OÜ’s office or by mail to Pärnu mnt 154, Tallinn 11317, Estonia. All postal costs related to the return of products are covered by the buyer.
7.Right to Submit a Complaint and Liability
7.1. NOBA OÜ is responsible for the conformity of the products sold to consumers with the terms of the contract and for defects that appear within two years from the delivery of the products to the consumer (TKS § 218 lg 2).
7.2. The consumer has the right to contact NOBA OÜ within two months after discovering a defect, providing the invoice based on which the product was purchased.
7.3. Use of the product must be stopped when a defect is discovered.
7.4. The repair or replacement of the defective product will be agreed upon between NOBA OÜ and the consumer. The repair costs are covered by NOBA OÜ.
7.5. NOBA OÜ is not liable for the deterioration/damage of the product if the defect is due to improper storage or use in violation of its intended purpose.
7.6. If a product purchased from the NOBA purchase environment has defects for which NOBA OÜ is responsible, NOBA OÜ will repair or replace the defective product. If the product cannot be repaired or replaced, NOBA OÜ will refund all payments made under the sales contract to the buyer.
7.7. The consumer has the right to demand compensation for damages from NOBA OÜ within the scope established by NOBA OÜ and the laws of the Republic of Estonia.
- Force Majeure
8.1. NOBA OÜ is not liable for damages caused to the buyer or for delays in product delivery if the damage or delay was due to circumstances beyond the control of NOBA OÜ and which NOBA OÜ could not foresee or influence.
- Processing of Personal Data
9.1. The collected personal data is used to fulfill orders and contact the customer, as well as to the extent necessary for the fulfillment of other orders.
9.2. NOBA OÜ may use the buyer’s personal data to provide the services ordered by the customer and to deliver goods to the buyer, including sending offers and newsletters by email with the buyer’s consent.
9.3. The buyer has the right at any time to prohibit the collection and use of their personal data, except when necessary for fulfilling a contractual obligation or order or delivering products.
9.4. The encrypted data communication channel with banks during purchases ensures the security of the buyer’s personal data and bank details. NOBA OÜ does not have access to this information.
- Customer Support
10.1. Customer support is available on weekdays from 9:00 to 17:00 by phone at +372 53 300 122 and by email at info@noba.ac.
- Other Conditions
11.1. These terms are governed by the laws of the Republic of Estonia.
11.2. Disputes and disagreements between the buyer and NOBA OÜ will be resolved through negotiations. If an agreement cannot be reached, disputes will be resolved in Harju County Court.
11.3. If any provision of these terms is found to be invalid or illegal, it does not affect the validity of the remaining provisions.
11.4. The buyer is obligated to familiarize themselves with the terms and privacy policy of the NOBA purchase environment before placing an order. By placing an order, the buyer confirms that they have read and agree to these terms.
