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Terms and Conditions

1. General terms and conditions

1.1 The present terms are applicable for all legal relations arising between all persons (hereinafter referred to as Client) and www.furgner.com run by Furgner OÜ, reg. code 12460379 (hereinafter referred to as Furgner) to determine the purchase and selling conditions.

1.2 The general terms and conditions cannot be in conflict with the laws regulations of the Republic of Estonia. In case of missing information from terms, they will be added accordingly in compliance with law.

1.3 In addition to these Terms and Conditions, legal relations arising between are also governed by Furgner’s price list

1.4 Furgner has the right to amend and supplement the present terms as well as Furgner price list. All terms and pricing changes will be published online on www.furgner.com website. Terms and pricing changes come into effect immediately after their publication on www.furgner.com website. Should the order be placed before the terms change have occurred, the legal relations between the client and Furgner OÜ are to be regulated according to the conditions which were in force at the time of placing the order, unless provided otherwise by law or the present terms. 

1.5 Furger and Client wish to trade on website www.furgner.com according to Terms and Conditions set here. By ordering and making a payment to Furgner the Client confirms that they have examined the Terms and Сonditions (hereinafter referred to as Terms and Conditions), agree to the Terms and Conditions and shall adhere to the Terms and Conditions.

2. Pricing

2.1 Prices of Furgner are in Euros and include Value Added Tax (20%).

2.2 Transportation fee to anywhere in Estonia is maximum 35 EUR for multiple products. When using parcel terminals the transportation fee will depend on the size of the package but no more than 12 EUR. In rare circumstances the fee might be larger but the Client will be given prior notice.

2.3 The transportation fee will be calculated on assumption that the order will be shipped to one destination address. Should the Client wish to send the products to different addresses, the order needs to be split up or additional charges shall be applied to the final invoice issued by Furgner.

2.4 Furgner has the right to amend the price list (both products and services) any time without prior notification by publishing the new price list in the Internet environment. If the Client’s order was placed before the terms changed, the terms which were in force at the time of placing the order will be used, unless the order was cancelled as laid out in 7.6

3. Discounts and promotions

3.1 Furgner.ee periodically offers its clients advertising campaigns and additional benefits.

3.2 Campaigns are valid for a period set by Furgner. This is usually indicated by the product description or separately in the campaigns section.

4. Ordering and checkout

4.1 The shopping cart is created when the Client clicks on the link “add to cart”

4.2 The contents of the shopping cart and the pertaining details (colour, measurements etc) can be changed multiple times without limit until the final order has been submitted.

4.3 Please double-check the billing and shipping information, since quick and uninterrupted delivery of your order depends on the accuracy of the info submitted. 

4.4 After clicking “Buy” the Client will be shown a confirmation notification and copy of the order will be sent to the Client’s email address. The email address will be provided by the Client and recorded on their accounts (if applicable)

4.5 The sales contract (hereinafter referred to as Contract) will be enforced after the Client has provided the pre-payment shown in the Contract. The prepayment will be done within 5 days from receiving the sales invoice or the order will be cancelled.

5. Paying for an order

5.1 Order can be paid for using the following options:

  • Using invoice. On the order confirmation page click 'request an invoice'. The order confirmation will be sent to your e-mail address, the invoice will be sent after the payment.
  • Using internet-banking (Swedbank, SEB, Danske or Nordea).
  • Using credit card

5.2 It is recommended to use internet banking to ensure the fastest processing. By using internet banking the Seller will immediately be notified of the payment and the processing of the order will be faster.

5.3 If the Client has made the pre-payment of 50%, the other part of the payment will have to be paid once the products are ready for shipping.

5.4 The Client will be notified when the products are ready for shipment to the delivery address. E-mail address and phone number provided to Furgner will be used to notify the Client.

6. Delivery and acceptance

6.1 The products will be delivered to the Client according to the estimated delivery time shown in product description or according to separate agreement with the Client.

6.2 If the actual delivery time does not match with what was shown in the product description then Furgner is obliged to notify the client as soon as possible.

6.3 Should the delivery time take more than 2 weeks from the estimated delivery time, the Client has the right to ask for a discount. The size of the discount will be determine individually.

6.4 Once the product is ready, it will be be handed to the courier who will deliver the product to address specified in the order. Delivery address cannot be changed after the order is placed.

6.5 If the ordered goods have substantially different estimated delivery times, the Client will be contacted to schedule the delivery of the goods separately.

6.6 If the chosen delivery method is by courier, the goods will be delivered to the door.

6.7 The Client is obliged to notify Furgner of their delivery address change at least 3 days before the scheduled delivery time. A change in delivery address might incur additional transport fees.

6.8 The courier delivers the ordered product along with the delivery note. Before signing the delivery note, please check the package condition. If the package appears to be damaged while transporting, please make a relevant record on the delivery note and notify Furgner of the damage. By signing the delivery note the Client acknowledges that the package was not damaged and is satisfied with the condition of the package.

 7. Cancelling the order and returning the product

7.1 The Client has the right after paying for the product, but before product delivery, to cancel your order by sending a corresponding message to Furgner e-mail address info@furgner.com. The message should note the reason for cancellation, order number, Client’s name and bank account number.

Pre-payments already paid to Furgner will be returned within 5 days of receiving the application.

7.2 After receiving the product the Client has the right to return the product within 14 days. If for some reason the Client is not satisfied with the purchased product, they have the right to return it in 14 days time by sending a corresponding message to info@furgner.com. The message should note the reason for cancellation, order number, Client’s name and bank account number.

The cost of the order shall be returned to the Client within 5 days, provided the product has been returned to Furgner. When returning the product to the store the Client pays the return fees (except for provision stated in 7.3)

7.3 The transportation fees when returning a product will be paid by Furgner if:

  • Items damaged during transportation or if there are deficiencies or damage to the product which were not visible upon visual inspection 
  • The products is not according to specifications

7.4 Furgner reserves the right to not cancel the Client’s order and accept a returned product if products were ordered in accordance with Client's personal specifications or custom-made according to conditions set out by the Client. Custom-made products are arranged by contacting Furgner and agreeing to different specifications than shown on www.furgner.com.

7.5 If the returned product is not in original packaging, is damaged or repacked, Furgner reserves the right to adjust the value of the compensation. Should the Client not agree with the amount of deduction, he or she has the right to involve an independent expert to determine the amount of product’s compensation.

7.6 Furgner reserves the right to cancel Client’s order if:

  • The Client has not made a pre-payment shown on the invoice within 5 days of invoice date.
  • The Client has an outstanding debt to Furgner.
  • The manufacturer of the product is not able or willing to fulfil the Client’s order.

8. Guarantee and return of the products not meeting the requirements

8.1 Furgner is responsible for all inconsistencies and defects, which appear in 2 years time (for physical persons) and is responsible for reimbursements of the costs.

8.2 The Client has the right to claim a refund within 2 years starting from the moment of product acceptance.

8.3 Furgner is not responsible for:

  • Damage or degradation of the product caused by the Client.
  • Defects caused by inappropriate use of the product.
  • Normal physical wearing caused by the normal usage.

8.4 Should the product be defective or not meet the reqirements, the Client has the right to demand the product to be replaced with the product meeting the requirements and free of defects, or revoke the order and return the product not meeting the requirements to Furgner.

8.5 In addition to points 8.1, 8.2, 8.3 and 8.4, the Client has additional rights attriubuted by Consumer Protection Act

9. Liability and Force Majeure

9.1 Furgner is responsible for all damage incurred by violating these Terms and Conditions to the full extent determined by the applicable legislation in the Republic of Estonia.

9.2 The Client is responsible for all damage incurred by violating these Terms and Conditions to the full extent determined by the applicable legislation in the Republic of Estonia.

9.3 Neither party is responsible for the damage incurred to the cusomer as well as product delivery delays, should such damage or delivery delay be caused by circumstances beyond Furgner’s control, and occurrence whereof Furgner did not foresee and could not have possibly foreseen (Force Majeure).

9.4 Furgner is not responsible for moral damage caused to the Client by changing delivery schedule, prices or other terms within these Terms and Conditions.

9.5 Furgner will not compensate Client’s expenses that arise from having taken obligations into third parties.

9.6 Furgner will not compensate the Client for not having used opportunities due to changed delivery schedule, prices or other terms within these Terms and Conditions.

10. Security and Data Protection

10.1 Furgner uses personal data for the purpose of identifying and communicating with the customer to fulfill the order. Furgner does not disclose any data collected to third parties except where requested by laws and regulations.

10.2 The connection between the bank and the Client is protected by SSL protocol which ensures that any exchanged information is not stolen.

10.3 Furgner reserves the right to inform the Client of new offers, campaigns only if the CLient has subscribed for newsletters.

10.4 The Client has the right to be unsubscribe from newsletters at any time.

10.5 The Client has the right to request the removal of all customer related data from Furgner database.

PROCESSING OF PERSONAL DATA 

What personal data are processed

-      name, phone number and email address;

-      delivery address;

-      bank account number;

-      cost of goods and services and data related to payments (purchase history);

-      customer support data.

Why personal data are processed

Personal data are used to manage the customer’s orders and deliver goods.

Purchase history details (date of purchase, goods, quantity, customer’s data) are used for preparing summaries of goods and services purchased and for analysing customer preferences.

The bank account number is used to reimburse payments to the customer. 

Personal data such as email, phone number and the customer's name are processed to handle any issues relating to the provision of goods and services (customer support).

The IP address or other web identifiers of a user of the online shop are processed for the provision of the online shop as an information society service and for web use statistics.

Legal grounds

Personal data are processed for the purpose of performing a contract concluded with the customer.

Personal data are processed for performing legal obligations (such as accounting and the settlement of consumer complaints). 

Recipients of personal data

Personal data are transmitted to the customer support of the online shop for managing purchases and purchase history and for settling any problems that the customers may have.

The name, phone number and email address are transmitted to the transport service provider selected by the customer. When the goods are delivered by a courier, the customer’s address is also transmitted together with the contact details. 

If the accounts of the web shop are kept by a service provider, the personal data are transmitted to the service provider for performing accounting operations. 

Personal data may be transmitted to IT service providers if this is necessary for ensuring the functionality of the online shop or for data hosting.

Security and access to data

Personal data are stored in the servers of ELKDATA OÜ, which are located on the territory of a member state of the European Union or states of the European Economic Area. Data may be transferred to the countries whose data protection levels have been assessed as adequate by the European Commission and to the companies in the USA who have joined the Privacy Shield framework.

Personal data can be accessed by the staff of the online shop in order to settle technical issues related to the use of the online shop and to provide customer support.

The online shop takes appropriate physical, organisational and IT security measures to protect personal data against accidental or unlawful destruction, loss, alteration or unauthorised access and disclosure.

Personal data are transmitted to the data processors of the online shop (such as the providers of transport and data hosting services) and processed under contracts concluded between the online shop and the processors. The processors must ensure appropriate safeguards when processing personal data. 

Access to and rectification of personal data

Personal data can be accessed and rectified in the user profile of the online shop. When a purchase has been made without a user account, personal data can be accessed through customer support.

Withdrawal of consent

Where personal data are processed on the basis of the customer’s consent, the customer has the right to withdraw his/her consent by notifying customer support by email. 

Storage

Personal data are erased upon the closure of a customer account of the online shop, unless the storage of the data is necessary for accounting purposes or for the settlement of consumer disputes.

For online purchases made without a customer account, the purchase history is stored for three years.

In the event of disputes concerning payments and consumer disputes, the personal data are stored until the claim is satisfied or until the end of the limitation period. 

Personal data needed for accounting purposes are stored for seven years.

Erasure

For the erasure of the personal data, customer support must be contacted via email. requests of erasure are responded to no later than within one month and the period of erasure shall be specified. 

Transmission

Requests to transmit personal data submitted via email are responded to within one month. Customer support identifies the person and indicates what personal data are to be transmitted.

Direct marketing messages

Email address and phone number are used for sending direct marketing messages if the customer has given the respective consent. If the customer does not want to receive direct marketing messages, the customer should select the relevant link at the footer of the email or contact customer service.

Where personal data are processed for direct marketing purposes (profiling), the customer has the right to object at any time both to the initial and further processing of his/her personal data, including profiling related to direct marketing by notifying customer support thereof via email.

Dispute resolution

Disputes concerning the processing of personal data are settled through customer support (CONTACT DETAILS). The supervisory authority is the Estonian Data Protection Inspectorate (info@aki.ee).

11. Other conditions

11.1 All matters not covered by the present terms are to be resolved based on the applicable legislative acts of Estonian Republic.

11.2 All the disputes between the customer and Furgner regarding ordering and buying products are to be resolved by negotiations. Should the compromise not be reached, the Parties have the right to turn to Customer Protection Department in order to protect their rights.