Terms of sale

The owner of the online store SPERKODA-E-POOD.EE (hereinafter the Online Store) is OÜ SPERKODA (registry code 16779669 ), located at Väike-Imavere, Kurelaane village, 61206 Elva Parish, Tartu County.

Validity of the sales contract, product and price information
Terms of sale apply when purchasing goods from online store.
Prices of products sold in online store are indicated next to products. A delivery fee is added to the price.
Delivery fee depends on buyer’s location and delivery method. Delivery fee is displayed to buyer when placing the order.
Information about goods is provided in online store directly next to goods.

Placing an order

To order goods, add desired products to shopping cart. To place an order, fill in required data fields and choose a suitable delivery method. The total amount payable will then be displayed on the screen and can be paid via bank link or other payment solution.
The contract enters into force upon receipt of the amount due in online store bank account..
If it is not possible to deliver ordered goods due to items being out of stock or for any other reason, buyer will be informed at the earliest opportunity and paid money (including delivery costs) will be refunded, generally within 1–3 business days. Depending on payment method, receipt of the refund may take up to 7 business days.

Delivery

Right of withdrawal

Right of withdrawal does not apply if buyer is a legal entity.
To exercise 14-day right of return, ordered goods may not be used in any way other than what is necessary to ascertain nature, characteristics and functioning of goods, as permitted when testing goods in a physical store.
If goods have been used for purposes other than those necessary to ascertain nature, characteristics and functioning of goods, or if there are signs of use or wear, online store has right to reduce refundable amount in proportion to decrease in value of goods.
To return goods, a withdrawal statement must be submitted using the form available here: withdrawal statement, and sent to e-mail address no later than within 14 days of receiving goods.
Costs of returning goods are borne by buyer, except where reason for return is that item does not correspond to order (e.g. wrong or defective item). Buyer must return goods within 14 days after submitting withdrawal statement or provide proof that goods have been handed over to carrier within that period.
Upon receiving returned goods, online store will refund all payments received from buyer under contract without delay, but no later than 14 days after receiving withdrawal statement.
Online store may refuse to issue refund until it has received returned item or buyer has provided proof of shipment, whichever occurs earlier.
If buyer has expressly chosen a delivery method different from cheapest standard delivery method offered by online store, online store is not required to reimburse cost exceeding standard delivery cost.
Online store has right to withdraw from sales transaction and demand return of goods if price of goods was clearly marked below market price due to an error.

Right to submit a complaint

Online store is liable for non-conformity of goods sold to buyer with contract terms or for a defect that existed at time of delivery and becomes apparent within up to two years from delivery of goods to buyer. During first year after delivery, it is presumed that defect existed at time of delivery. Rebutting this presumption is obligation of online store.
Buyer has right, upon appearance of a defect, to contact online store no later than within two months by sending an e-mail to info@sperkoda.com or by calling +372 5854 5354. Online store is not liable for defects that have arisen after delivery of goods due to consumer’s actions or omissions (incorrect use, accident, etc.), or if it concerns normal wear and tear resulting from customary use of item.
If goods purchased from online store have defects for which online store is responsible, online store will repair or replace defective goods. If repair or replacement is not possible, online store will refund all fees associated with sales contract to buyer.
Online store will respond to consumer’s complaint in writing or in a form that can be reproduced in writing within 15 days.

Dispute resolution

If buyer has complaints regarding online store, they must be sent to e-mail address info@sperkoda.com or by calling +372 5854 5354.
If buyer and online store are unable to resolve dispute by agreement, buyer may обратиться to Consumer Disputes Committee. Procedural terms can be reviewed and application submitted here. Consumer Disputes Committee is competent to resolve disputes arising from contract concluded between buyer and online store. Review of buyer’s complaint by committee is free of charge.
Buyer may also turn to European Union online dispute resolution platform.

Data Protection Terms

What personal data is processed
− name, telephone number and email address;
− delivery address of the goods;
− bank account number;
− cost of goods and services and payment-related data (purchase history);
− customer support data.
− IP address

For what purpose personal data is processed
Personal data is used to manage customer orders and deliver goods.
Purchase history data (purchase date, goods, quantity, customer details) is used to compile an overview of purchased goods and services, analyze customer preferences, and, among other things, to resolve consumer disputes.
The bank account number is used to refund payments to the customer.
Personal data such as email, phone no., customer name is processed in order to resolve issues related to the provision of goods and services (customer support). Email is also used for sending invoices and the phone no. is used to notify when goods have arrived at the parcel locker.
The online store user's IP address or other network identifiers are processed to provide the online store as an information society service and to compile web usage statistics. 

Legal basis
Personal data is processed for the purpose of fulfilling the contract concluded with the customer (managing customer orders, delivery, return of goods and payments).
Personal data is processed to fulfill a legal obligation (e.g. accounting).
Personal data processing is necessary due to the legitimate interest of the controller, which consists of collecting purchase history data for the purpose of resolving possible consumer disputes.

Recipients to whom personal data is disclosed
Personal data is disclosed to the online store's customer support for managing purchases and purchase history and resolving customer issues.
Name, telephone number and email address are disclosed to the transport service provider chosen by the customer. If the goods are delivered by courier, the customer's address is also disclosed in addition to the contact details.
If the online store's accounting is carried out by a service provider, personal data is disclosed to the service provider for accounting operations. Personal data may be disclosed to information technology service providers if this is necessary to ensure the functionality of the online store or data hosting.

Security and access to data
Personal data is stored on servers located in the territory of a European Union Member State or countries that have joined the European Economic Area. Data may be transferred to countries whose level of data protection has been assessed as adequate by the European Commission, or to a company in a third country where the safeguards referred to in Article 46 or 47 or Article 49(1) of the General Data Protection Regulation have been applied. Access to personal data is available to the online store's employees who may access personal data in order to resolve technical issues related to the use of the online store and to provide customer support services.
The online store implements appropriate physical, organizational and IT security measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized access and disclosure, including: (here the security measures used in the e-store must be listed. For example, data exchange with the e-store takes place via an encrypted connection (TSL), customer passwords are stored encrypted (hash), standard encryption is used when sending emails, a firewall and appropriate antivirus protection are implemented to protect the e-store servers, regular backups are created and stored separately from the e-store server, etc.)
Transfer of personal data to recipients who are authorized processors of the online store (e.g. transport service provider and data hosting) takes place on the basis of contracts concluded between the online store and the authorized processors. Authorized processors are obliged to ensure appropriate safeguards when processing personal data in accordance with Article 28 of the General Data Protection Regulation.

Accessing and correcting personal data
Personal data can be accessed and corrected in the online store user profile or via customer support. If a purchase has been made without a user account, personal data can be accessed via customer support. If the request to access personal data is submitted electronically, the information is also provided via commonly used electronic means.

Withdrawal of consent
If the processing of personal data is based on the customer's consent, the customer has the right to withdraw consent under the customer account settings or by notifying customer support by email.

Retention
Upon closing the online store customer account, personal data is deleted, except for personal data (purchase history data) that must be retained for accounting purposes or for resolving consumer disputes.
In the event of disputes related to payments and consumer disputes, personal data is retained until the claim is satisfied or until the end of the limitation period.
Personal data contained in primary accounting documents is retained for seven years.

Restriction
The customer has the right to request restriction of the processing of their personal data if the data is inaccurate or incomplete or if their personal data is processed unlawfully.

Objections
The customer has the right to object to the processing of their personal data if they have reason to believe that there is no lawful basis for processing their personal data.

Deletion
To delete personal data, contact customer support by email. The deletion request will be responded to no later than within one month and the period of data deletion will be specified. The response to the request will also indicate which personal data will not be deleted and on what legal basis and for what reason.

Data portability
A request for data portability submitted by email will be responded to no later than within one month. Customer support will verify identity and inform the customer of the personal data subject to portability.

Direct marketing messages
The email address and telephone number are used to send direct marketing messages if the customer has given the relevant consent. If the customer does not wish to receive direct marketing messages, they must select the relevant link in the footer of the email or contact customer support.
If personal data is processed for direct marketing purposes (profiling), the customer has the right to object at any time to both the initial and further processing of their personal data, including profiling related to direct marketing, by notifying customer support by email (the relevant information must be presented clearly and separately from any other information).

Dispute resolution
Disputes related to the processing of personal data are resolved via customer support (CONTACT DETAILS). The supervisory authority is the Estonian Data Protection Inspectorate (info@aki.ee).