1. Validity of sales conditions
1.1. The terms and conditions of sale apply to the rights and obligations between Fresmy customers (hereinafter the Customer) and Fresmy OÜ, registry code 16771254, address Pootsmani st 27, Tartu city, Tartu county, 51017, Estonia (hereinafter Fresmy) when purchasing goods.
1.2. In addition to these terms and conditions, the legal relationships arising from the purchase of Fresmy products are governed by the legislation in force in the Republic of Estonia.
1.3. Fresmy reserves the right to make changes to sales conditions and sales prices. These changes will be reflected on the fresmy.com website.
2. Prices
2.1. All the prices on the fresmy.com website include VAT at 22%.
2.2. Displayed discount percentages are rounded to whole numbers.
3. Placing an order
3.1. To order products, find the products you want and add them to your shopping basket. You can view the contents of your shopping basket by clicking on the basket icon at the top of the website.
3.2. You can change the quantity of products in your shopping basket by entering the number of products you wish to buy in the quantity box. You can remove products from your shopping basket by clicking on the cross in the same row.
3.3. You can add a minimum of 2 products of size N124 to a subscription order.
3.4. Before placing your order, please select the delivery method that is suitable for your parcel. For orders over 45€, delivery is free of charge in the Baltic States.
3.5. To place an order, please click on the “place order” button. If you are already a Fresmy registered user, please log in to your account. If you are ordering for the first time, click on “register” and enter your contact details.
3.6. To confirm the order, click on the “place order” button. You can then pay immediately by credit card, bank transfer or bank wire. The order confirmation and a copy of the invoice will be sent to your e-mail address. You can manage your order history and invoices from the “my account” icon.
3.7. Products will be dispatched after payment of the invoice.
4. Entry into force of the sales contract
4.1. The customer commits to the order and payment after clicking on the “place order” button.
4.2. The sales contract enters into force when the total amount of the order has been credited to the account of Fresmy OÜ.
4.3. The Customer has the right to notify Fresmy of his wish to withdraw from the contract within 14 days of receipt of the goods, or of placing the order if the goods have not yet reached the Customer, and to request a refund of the total amount paid. Purchased goods cannot be refunded if the goods ordered have been custom-made to the Customer’s personal requirements. The returned goods must not have been used and must be in their original packaging. The direct costs of returning the goods must be borne by the Customer. The goods must be returned within 14 days of the date of the request for withdrawal.
5. Transport
5.1. After entry into force of the sales contract (payment of the invoice by the Customer), Fresmy will bundle the order and hand it over to Fresmy’s courier partner(s) for delivery.
5.2. If you have used Omniva’s parcel service, post office or post box in the Baltics, the order will be delivered to the parcel service or postal address chosen by the Customer within 1-4 working days. When the order arrives at the parcel machine, a message will be sent to the Customer’s mobile phone containing the location of the parcel machine, opening hours and personal door code. When the code is entered on the parcel machine’s touch screen, the parcel machine door opens and the parcel is delivered to the Customer. The parcel will be stored free of charge in the parcel machine for 7 calendar days from the date of receipt of the message. The parcel is then returned to Fresmy.
5.3. Products damaged in transit, but not the Product packaging, will be replaced to the Customer. In the event that replacement of the Product should prove impossible, the Customer shall be reimbursed the cost of the goods.
5.4. Fresmy shall not be liable for any delay in the delivery of the goods if the goods have been handed over to the logistics partner in due time, but the delay in delivery is due to circumstances beyond Fresmy’s control or foreseeable.
6. Right of withdrawal
6.1. Products purchased from the Fresmy website are subject to a 14-day right of withdrawal from the date of receipt of the goods. In the event that a product ordered from the e-shop is not suitable for the Customer, the Customer may return it to the e-shop.
6.2. In order to return the goods, a withdrawal request must be submitted by sending an e-mail to hi@fresmy.com stating the following:
- the name of the goods to be returned
- the date of order
- order number
- name and surname of the buyer
- contact telephone number
- reason for return
- if the product is defective, a picture if possible
Upon withdrawal application, Fresmy will send the Customer a confirmation of receipt of the cancellation.
6.3. You can return the goods to the parcel terminal of the service provider of your choice at Tartu Raadi Maxima XX.
6.4. In order to use the right of return, the product to be returned must be unused and the product packaging must be intact and undamaged.
6.5. The 14-day right of withdrawal does not apply to goods if:
- the product cannot be returned due to its nature for health or hygiene reasons (e.g. make-up, cosmetics, perfumes, hygiene products, food supplements and foodstuffs, drinks, blankets, pillows, etc.) or the product has been used or opened or the use (or non-use) of which cannot be controlled;
- the subject matter of the order is flowers, floral arrangements or bouquets of flowers in accordance with § 53 (section 4, point 4) of the VÕS;
- the product has been mixed or combined with another product or goods so that they can no longer be separated;
- the product has been used for the purpose of an economic or professional activity;
- the failure is caused by incorrect use of the equipment (failure to follow the instructions);
- the appliance has been used with an inappropriate voltage;
- the product has been mechanically damaged or has broken (e.g. as a result of a fall);
- normal wear and tear of the appliance and faults which do not impair the value and use of the appliance;
- the appliance has been repaired by a person not authorised by the importer.
6.6. The costs of returning the Goods shall be borne by the Customer, unless the return is due to non-conformity with the order or to a defective Goods.
6.7. In the event of return of the Goods, the amount paid for the purchase shall be refunded to the Customer as soon as possible, but not later than 14 days from the date of the submission of the withdrawal request. Fresmy may refuse to make a refund until it has received the return of the goods that are the subject of the contract or until the Customer has provided proof that it has returned the goods, whichever is the earlier.
6.8. Fresmy reserves the right to refuse to accept an order or to cancel an order, for example, but not limited to, if an incorrect price is published in the price list due to an error or technical failure.
7. Use of the purchased goods/products for commercial or professional purposes (including legal entity)
7.1. If the purchased product/service has been used for economic or professional purposes or by a legal person, the normal complaints procedure does not apply. In these cases, the time limit for submitting a complaint is usually 6 months or more, if the manufacturer has so agreed. During this period, the product will be replaced or repaired in the event of defects on the part of the manufacturer.
7.2. Products will not be replaced if:
- the product is unfit for use for health or hygiene reasons, or has been used or opened (cosmetics, etc.);
- the product has been mixed or combined with another product or good in such a way that they can no longer be separated from each other;
- the product has been used for commercial or professional purposes;
- the malfunction has been caused by improper use of the equipment (failure to follow the instructions);
- the product has been used with inappropriate voltage;
- the product has been mechanically damaged or has broken (e.g. as a result of a fall);
- normal wear and tear of the product and faults which do not impair the value and use of the appliance;
- the product has been repaired by a person not authorised by the importer.
8. Responsibility
Fresmy and the Customer shall be responsible to the other party for any damage caused by breach of these Terms and Conditions in the cases and to the extent provided for by the legislation in force in the Republic of Estonia.
9. Force Majeure
Fresmy shall not be liable for damage caused or delay in delivery of the goods if the damage or delay in delivery of the goods is due to circumstances which Fresmy could not have influenced or foreseen.
10. Protection and security of personal data
The information and personal data collected by Fresmy in the course of the processing of your order will be treated as confidential and will not be disclosed to third parties. Encrypted data communication with banks when paying for purchases ensures the security of the Customer’s personal banking details.
11. Complaints procedure
11.1 . Fresmy shall be liable for any non-conformity or defects of the goods sold to the Customer which occur within a period of up to two years from the delivery of the goods to the Customer. In the event of non-conformity or defects of the goods, please send your complaint to the following e-mail address: hi@fresmy.com.
11.2. The complaint must state:
- Customer’s name and contact details;
- date of complaint and order/invoice number;
- defect(s) of the goods;
- the claim to be submitted to Fresmy;
- Reference must be made to the document evidencing the transaction or the guarantee, or a copy must be attached to the complaint.
11.3. Complaints regarding the non-compliance or the discovery of defects in the product must be submitted within two months of the discovery of the non-compliance or the discovery of the defect.
11.4. In the event of a defect in the goods, please stop using the goods.
11.5. Fresmy will respond to the complaint within 15 days of receipt of the Customer’s complaint at the latest.
11.6. Fresmy shall not be liable for defects in the product caused by the Customer, defects resulting from improper storage or use of the product. Defects include defects in the product, but not defects in the product packaging.
11.7. In the event that the Product does not comply with the terms of the Contract, or is defective or faulty, the Customer shall have the right to demand repair or replacement of the Product. In the event that the repair or replacement of the Product is not possible, fails or causes unreasonable inconvenience to the Customer, the Customer has the right to withdraw from the Contract and claim a refund.
12. Processing of customer personal data
12.1. Fresmy shall process the personal data provided by the Customer in accordance with the requirements of the personal data protection act. For more information on the processing of personal data, please visit this page.
12.2. The personal data to be processed are the data that are requested from the Customer when joining the loyalty programme, registering an e-shop account and/or placing an order (first name and surname, address, telephone number, e-mail address, bank account number, shopping cart contents and purchase history).
12.3. Fresmy processes the Customer’s personal data for the purposes of fulfilling orders (including the transmission of notifications related to the order), payment for products, delivery of products, offers and news.
12.4. The data controller of the Customer’s personal data in the e-shop www.fresmy.com is Fresmy OÜ, registration code 16771254, address Pootsmani st 27, Tartu, Tartu county, 51017, Estonia, telephone +372 55 36 850, e-mail hi@fresmy.com
12.5. Fresmy does not transfer the Customer’s personal data to third parties, except:
12.5.1. to a courier service provider to the extent necessary for the delivery of the Products to the Customer or the consumption of the Service;
12.5.2. to the suppliers of the products included in the order (Customer’s name and telephone number) for the purpose of fulfilling the order and providing customer service.
12.5.3. In the cases provided for in points 12.5.1 and 12.5.2, the Customer’s personal data shall be processed solely for the purpose of fulfilling the order and the processors shall ensure the same level of protection of personal data as Fresmy.
12.6. The Customer has the right to access his/her personal data at any time and to request the modification or deletion of such data, unless otherwise provided by law, by contacting Fresmy by e-mail at hi@fresmy.com.
12.7. If the Customer has expressed his/her wish and consent to receive newsletters and/or personalised offers from Fresmy, the Customer shall always have the right to withdraw this consent by sending a notification to this effect to Fresmy at the e-mail address hi@fresmy.com or by clicking on the link indicated for this purpose in each offer sent by e-mail or SMS.
12.8. The Customer has the right to request at any time the transfer of his personal data to another data processor by sending a digitally signed request to Fresmy by e-mail at hi@fresmy.com. Fresmy reserves the right to refuse the direct transfer of personal data to another data processor if, in Fresmy’s opinion, the transfer of the data to a third party is not secure.
12.9. In the event that the Customer considers that his rights are infringed in the processing of personal data within the framework of the loyalty programme or in the e-shopping environment, the Customer shall have the right to refer the matter to the Data Protection Inspectorate and the courts.
13. Dispute settlement procedure
If the Customer has any complaints regarding Fresmy, they should be sent by e-mail to hi@fresmy.com or by telephone to +372 55 36 850. If the Customer and Fresmy are unable to settle the dispute by agreement, the Buyer may refer the matter to the Consumer Disputes Committee. The terms and conditions of the procedure can be consulted and an application can be submitted here. The Consumer Disputes Committee is competent to settle disputes arising out of a contract concluded between the Customer and Fresmy. The examination of the Customer’s complaint by the Commission is free of charge. The Customer may refer the matter to the EU consumer dispute resolution platform.