NOBA TERMS AND CONDITIONS OF SALE
1. The validity of the conditions
1.1 These conditions apply to any person (hereafter referred to as the ‘Consumer’) and any legal relations upon making purchases at the NOBA.AC web-based Sales Environment (hereafter the ‘Sales Environment´) operated by the trader NOBA OÜ (hereafter the ‘Trader’), registry code in the Estonian commercial register 11215904; address Vabaduse sqr 6, Tallinn 10146, Estonia; telephone number + 372 53 300 122, e-mail firstname.lastname@example.org.
1.2 In addition to these Terms and Conditions, legal relationships arising from the purchase of products from the Sales Environment are regulated by the Law of Obligations Act (LOA), the Consumer Protection Act (CPA) and other legislation applicable in the Republic of Estonia.
1.3. NOBA OÜ has the right to withdraw from the sales agreement and not to deliver the ordered items or provide the promised services in the following cases:
1) the author of the artwork has sold the item to another buyer without prior notification to NOBA OÜ or the artwork is not available for other reasons;
2) the product price or information has been displayed incorrectly in the Sales Environment due to a system error.
If NOBA OÜ is unable to deliver the ordered items or provide the promised services, the Consumer will be notified via e-mail or phone and if the Consumer has already paid for the order by that moment, the order sum will be transferred back to the Consumer.
1.4 NOBA OÜ reserves the right to make changes in the Terms and Conditions and in the sales prices of the Sales Environment. The Consumers will be informed about these changes on the web-page noba.ac. The changes will be valid from the moment of being published on this web-page. In case the Consumer has placed the order before the changes have been applied, the conditions that were valid at the moment of placing the order are applied if the law or conditions do not state otherwise.
2. Price information
2.1 All prices in the Sales Environment are valid on due payment as stated in paragraph 4.
2.2 Prices are valid from the date of placing an order until the expiry of the payment date of the order (7 days after placing the order).
3. Organising a viewing
3.1 Before purchasing an artwork, a viewing can be organised at the office of NOBA OÜ. To organize a viewing and delivery of the artwork from the artist ́s studio to the Trader´s office, the Consumer has to fill in a respective form in the NOBA Sales Environment or send an e-mail at email@example.com, specifying the title of the artwork and the Consumer´s contact details.
4. Shopping cart and placing and order
4.1 Add the desired products to your shopping cart.
4.2 Choose the delivery option suitable for you. With reference to the chosen delivery option, the Sales Environment may ask additional information about the delivery destination and the details of the contact person.
4.3 After choosing the delivery option, the payment options are shown. Choose the payment option that is most suitable for you.
4.4 Payments can be made as follows:
1) via Swedbank ja SEB bank links;
2) by invoice to be paid via a bank transfer;
4) by monthly instalments using Liisi leasing (based on a separate contract).
4.5 Fill in the fields related to placing the order carefully as the accuracy and correctness of the data submitted affects the fast and smooth delivery of your purchases and the subsequent settlement of potential disputes and complaints.
4.6 Confirm the shopping cart and place the order by clicking on the link ‘proceed to pay’ if you wish to pay for the order immediately via a bank link, or by clicking on a link ‘issue invoice’ if you wish to pay later via a bank transfer. Click on the link ‘request credit’ if you want to use the option to pay based on monthly instalments.
4.7 Before placing the order, the Consumers are obliged to read the Terms and Conditions of the NOBA Sales Environment and confirm that they agree to the Terms and Conditions.
4.8After placing an order, the Consumers who are not previously registered as users of the NOBA Sales Environment will be registered as users and they will be sent a user name and password that will enable them to access the ‘My Gallery’ section of the Sales Environment which includes all artworks that have been purchased by this Consumer. If the Consumer is already registered as a user of the NOBA Sales Environment, we recommend to log in to the Sales Environment before making a purchase so that the purchased artworks could be added to this user´s ‘My Gallery’ section.
4.9 Orders placed via the NOBA Sales Environment are processed on workdays from 8:00 to 17:00.
4.10 The sales agreement is considered final when the payment has been made to the account of NOBA OÜ.
4.11 The order will be cancelled if the payment has not arrived in 7 days.
5.1. After the finalization of the agreement as determined in paragraph 4.10 the goods will be delivered to the place determined by the Consumer.
5.2. The artworks reach the new owner generally within 14 days in Estonia and Finland. In case of deliveries that take longer, NOBA OÜ will contact the Consumer as soon as possible for updated delivery information. For other countries, we identify the best delivery option case by case to offer the fastest shipping solution possible.
5.3. If you chose delivery by courier and the order has been handed over to the courier company, the courier company’s representative will contact you within the delivery time stated in paragraph 5.2 to agree on exact delivery time.
5.4. The courier will deliver the goods on the address stated in the order. It is not possible to change it while the order has been placed.
5.5. Please double check that your contact information is correct to avoid misunderstandings and delay of delivery. NOBA OÜ and the courier company are not responsible for delay in delivery and misunderstandings that are caused by incorrect contact information presented by the Consumer.
6. Cancellation of the order and returning a product meeting the standards
6.1 The Consumer has the right to cancel the order after making the payment but before the delivery by sending a corresponding message with the order number and the Consumer´s bank account data to firstname.lastname@example.org.
6.2 After the receipt of the product, the Consumers have 14 days to decide if they are satisfied with the product. If they decide during this period that the product does not meet their needs, they can return it, excluding in case of a situation determined in paragraph 7.2.
6.3 In case of cancellation of the order as determined in paragraph 6.1 or paragraph 6.2, the sum paid by the Customers will be returned to them. From this sum, NOBA OÜ has the right to deduct the cost of returning the product in the amount up till 15 EUR. NOBA OÜ will return the sum paid by the Customer, from which the cost of returning the product has been deducted, to the Customer´s bank account latest within 30 days from receiving the Customer´s cancellation message on the condition that the Customer has returned the ordered item(s) by this time.
6.4 In order to return goods, the consumer has to submit a request for withdrawal from the purchase of goods by sending this to the e-mail address email@example.com no later than within 14 days from the receipt of the product.
6.5 The Consumers have to return the goods within 14 days following the submission of the request for withdrawal or provide evidence that they have given the goods to the logistics company for returning them to NOBA OÜ within the mentioned period.
6.6 The Consumer does not have to return goods via the logistics company if NOBA OÜ has agreed to pick up the goods itself.
7. Returning of products that do not meet standards
7.1 In case the product does not meet the requirements set or has other shortcomings, the Consumer has the right to demand replacement of the product or cancel the order and return the defective product to the Trader. In such cases, return cost is paid by NOBA OÜ.
7.2 NOBA OÜ does not assume liability for defects that arose through the Consumer’s fault, either due to improper storage, maintenance or non-intended use. In such cases, the products cannot be returned.
8. Responsibility and force majeure
8.1 NOBA OÜ and the Consumer take mutual responsibility for damage caused to the other party by violating these Terms and Conditions as determined by the legislation of the Republic of Estonia.
8.2 NOBA OÜ is not liable for the damage caused to the Consumer or for delivery delays if the damage or delay is caused by circumstances that NOBA OÜ could not foresee or control (force majeure).
9. Processing of personal data
9.1 By entering their data at the Sales Environment, the Consumer agrees with the collection and processing of their personal data (name, phone number, delivery and/or home or office address, e-mail address) by NOBA OÜ and the transfer of their personal data to the logistics partners for the delivery of goods.
9.2 The Sales Environment has the right to use the Consumer’s residence or other address for advertisements and other information to be sent to the Consumer.
9.3 The Consumer has the right to forbid the collection and use of their personal data at any time, except where this is necessary for the collection of a contractual claim or for the delivery of goods.
9.4 Electronic personal data are used for direct mail only if the Consumer has given a separate consent for this on the NOBA website.
9.5 Encrypted communication with banks during the payment of goods ensures the security of the Consumer’s personal bank details and makes them inaccessible for the Trader.
10. Further use of the artwork and Intellectual Property Rights
In further use of the artwork and photos made from this artwork, the Consumer is obliged to follow the Copyright Act of the Republic of Estonia. It is generally not allowed to use artworks and photos made from the artworks for commercial purposes without prior consent of the author and without paying a fee for such use of the artworks.
11. Other conditions
11.1 Product photos have illustrative meaning in the NOBA Sales Environment.
11.2 Disputes between the Consumer and NOBA OÜ on the matters related to the web-based Sales Environment will be settled by negotiations. In case the agreement is not reached, the Consumer has the right to turn to the Consumer Protection Board at Tallinn City Court. Disputes are solved according to the valid legislation in the Republic of Estonia.
12. Consumers have the right to appeal to the Consumer Complaints Commission
12.1 If the Sales Environment has refused to settle a complaint from the Consumer or the Consumer does not agree with the solution proposed by the Sales Environment and finds that their rights have been violated or interests damaged, the Consumer may file a complaint with the Consumer Complaints Commission through the Consumer Protection Board or turn to the court. Consumers can file complaints themselves or through a representative. Information about the Consumer Protection Commission can be found on the website of the Consumer Protection Board. For the settlement of problems arising in the Member States of the European Union, contact the European Consumer Centre.
Published and valid from 11.03.2015