TERMS OF USE OF THE WEBSITE WWW.ELAMUSPLUSS.EE
Before using www.elamuspluss.ee (hereinafter: website and/or mobile application) or registering an account on the website, you are required to read the terms of use presented here. By registering on the website and/or mobile application, you agree to the terms of use presented here; if you do not agree to the terms of use, you are not allowed to use the website and/or mobile application and/or services available at the website address www.elamuspluss.ee.
These Terms of Use describe the features and services of the website and/or mobile application that are available to you when you visit the website and/or mobile application or make purchases on them. The Terms of Use apply when you register on the website and/or mobile application and use them. You are advised to print or download and keep a copy of the Terms of Use for future reference; you can always view the current version of the Terms of Use on our website. This document is a legally binding agreement between you as a user of the website www.elamuspluss.ee and/or mobile application and Elamus Pluss Ltd., MTÜ Elamus Pluss and/or Kondimootor OÜ (hereinafter: Elamus Pluss) as the administrator of the website www.elamuspluss.ee.
Visitors to www.elamuspluss.ee who are not registered on the website and/or mobile application have the opportunity to view and use only a certain part of the information on the website and/or mobile application and do not have the opportunity to use the services provided only to registered users. Visitors/users must comply with these Terms of Use, Privacy Policy and other terms and conditions set out on the website and/or mobile application, as well as all applicable laws.
1. Definitions
1.1. The following terms, when used in the Terms of Use, have the following meanings:
1.1.1. Account means a customer account created on the website and/or mobile application.
1.1.2. Account suspension means actions taken on the Website and/or Mobile Application independently or upon notification by the Administrator in connection with the Client’s violation of the Terms of Use, Privacy Policy and other terms and conditions set out on the Website and/or Mobile Application. If the Client’s account is suspended, the Client may not access or use the Services until the suspension is lifted.
1.1.3. Application means a mobile application that can be accessed via your mobile device to access your elamuspluss.ee account and use the services.
1.1.4. Client or You means a natural or legal person using the elamuspluss.ee website/mobile application and/or services.
1.1.5. Registered customer means a customer with an elamuspluss.ee account.
1.1.6. Privacy Policy means the policy governing the processing of personal data published on the website and/or mobile application.
1.1.7. Services means any services that elamuspluss.ee offers to the customer on the website and/or mobile application. Certain services are offered only to registered customers.
1.1.8. Terms of Use means these terms of use published on the website and mobile application.
1.1.9. Elamuspluss.ee means a private limited company established and operating under the laws of the Republic of Estonia. Elamus Pluss OÜ, registry code 14886473, which offers its products and services on the website and/or mobile application and manages the website and mobile application.
1.1.10. Seller means a natural or legal person, including Elamus Pluss Ltd., MTÜ Elamus Pluss ja Kondimootor OÜ, which offers its products and services individually via a website and/or mobile application and with whom the customer decides to enter into a purchase agreement.
1.1.11. Purchase Agreement means the agreement between the customer and Elamus Pluss A purchase and sale agreement concluded between the OÜ or the seller, which is defined in the terms and conditions of sale presented on the website www.elamuspluss.ee.
1.1.12. Website means the website available at www.elamuspluss.ee.
1.1.13. Wishlist means a list of items on the website that has been created and saved by a registered customer.
1.1.14. Shopping cart means a list of goods that a registered customer has selected and wishes to purchase.
2. Website account www.elamuspluss.ee
2.1. You have the right to register as a user on the website and/or application in order to purchase or use certain additional services that are available only to registered customers.
2.2. User registration on the website and/or application is free of charge.
2.3. To create an account, you must use an email address that belongs to you. You may only register one account per email address.
2.4. All information you provide during or after opening and using your account must be accurate and correct.
2.5. By registering as a user on the website or application and/or using it, you declare and confirm to elamuspluss.ee and the seller that the information and/or data and/or documents you provide are accurate and up-to-date, and this until the performance of the purchase contract or the closure of your account.
2.6. Elamuspluss.ee reserves the right to refuse to open an account for you at its discretion, without giving you a reason.
2.7. You are not permitted to share, transfer or allow any third party to use your account and login details. You are solely responsible for the confidentiality and security of your login details and all activities that may occur under your account.
2.8. If you have any suspicions that your account, login details, password or other security element has been lost, stolen, misappropriated, used without authorization or otherwise compromised, we recommend that you change your password. If you have become aware of the loss, theft, misappropriation or unauthorized use of your account, login details, password or other security elements, you must immediately contact elamuspluss.ee. Unjustified delays in notifying elamuspluss.ee will not only affect the security of your account, but may also result in you being liable for any damages incurred.
2.9. After receiving notification of the problem referred to in clause 2.8 of the Terms of Use, elamuspluss.ee will make reasonable efforts to suspend your account. Elamuspluss.ee does not guarantee that your account will be suspended immediately. Elamuspluss.ee does not assume any responsibility for the fact that your account was not suspended immediately or that it took longer than you would have expected.
2.10. By agreeing to the Terms of Use, you represent and warrant that all actions taken under your account (including, but not limited to, purchasing, posting, clicking checkboxes to confirm, changing information, subscribing, placing orders or making payments, and others) are deemed to be solely your own actions.
2.11. As a condition of your access to and use of the Website and/or Application, you agree to comply with all applicable laws and regulations when using the Website and/or Application.
2.12. By accepting the Terms of Use, you agree to use the website and/or application only for your own purposes. Any commercial activity, offers to purchase, links to other websites or applications, and other activities on the website and/or application are prohibited.
2.13. The Terms of Use apply to you together with the Privacy Policy and Terms of Sale defined on this website.
2.14. Elamuspluss.ee reserves the right to suspend any account or permanently delete your accounts due to violation of these Terms of Use, Privacy Policy and other terms and conditions set out on the website and/or application, or illegal or inappropriate use of the website, application or services offered there.
2.15. If you have violated the Terms of Use, Privacy Policy, and other terms and conditions set forth on the website and/or application and your account has been suspended, you may contact the elamuspluss.ee team for additional information regarding your violation and account status.
3. Purchase process
3.1. Each customer can use the website and/or application either with a registered account or without registration. Account registration is required to purchase certain services.
3.2. For registered customers, the first step in the purchase process is to go to the website or application and log in to your account.
3.3. Once you have found the product or service you wish to purchase, click the “Order” or “Buy” button. From there, after checking out, you will be redirected to a page where you will need to enter your shipping and billing information. Once you have entered your information and made your desired selections, click the final confirmation icon to complete your order.
3.4. Once you have placed an order, you enter into a contract with a specific seller in accordance with the terms and conditions of sale set out on this website.
3.5. Once you have paid for the ordered product/service, your order will be forwarded to the vendors who sell the products you ordered for fulfillment, or you will receive access to the purchased service.
3.6. Elamuspluss.ee will inform you about the status of your order via e-mail.
4. Website/application content
4.1. The website contains lists, descriptions and images of products and services made available by elamuspluss.ee or sellers.
4.2. Elamuspluss.ee is not responsible for the completeness, accuracy, reliability, validity or timeliness of the listings, descriptions or images (including all features, specifications and prices on the website/app). Such information and the availability of products listed on the website/app are subject to change at any time without notice.
4.3. Certain products may be marked with an age restriction or are intended only for people of a certain age. By ordering an age-restricted product, you confirm that you meet the age restriction.
5. Feedback, reviews, comments, notifications and other content
5.1. Elamuspluss.ee may allow you to comment, post content and communicate.
5.2. By posting any information, content or material to the website or application, you grant elamuspluss.ee an irrevocable, perpetual, worldwide, royalty-free and sublicensable right to display, transmit, distribute, publish, duplicate, adapt, modify, translate, create derivative works from and otherwise use any and all content in any form, at elamuspluss.ee's sole discretion, for any purpose that may benefit elamuspluss.ee. By agreeing to the Terms of Use, you represent and warrant that you have all rights to grant elamuspluss.ee such a license.
5.3. You hereby agree that elamuspluss.ee is free to use any ideas that you have submitted or disclosed for any purpose. Elamuspluss.ee may sub-license its rights to the content and ideas through multiple levels of sub-license. Elamuspluss.ee is not obligated, now or in the future, to:
5.3.1. keep any content or ideas confidential;
5.3.2. pay compensation for any content or idea; or
5.3.3. respond to any content or idea.
5.4. You grant elamuspluss.ee the right to use any name associated with any content or idea that you make available to elamuspluss.ee, although elamuspluss.ee is under no obligation to exercise this right or otherwise acknowledge the content or idea.
5.5. The Client confirms and agrees that the content, post or opinion published by him/her:
5.5.1. must be true, accurate and legal;
5.5.2. is not deceptive, harmful or misleading.
5.6. The Customer is prohibited from publishing content that is unlawful, obscene, threatening, defamatory, infringes intellectual property rights (including rights of publicity) or is otherwise harmful or objectionable to third parties, as well as content consisting of or containing software viruses, political campaigns, sales offers, chain letters, mass mailings or any form of spam or unsolicited commercial electronic messages.
5.7. Content is considered prohibited if it:
5.7.1. is false, deceptive, inaccurate or misleading;
5.7.2. violates any laws or otherwise violates civil law;
5.7.3. is protected by or would infringe the rights of others (including elamuspluss.ee), including any patent, copyright, trademark, trade secret, publicity or privacy right or any other proprietary right, without the express prior written consent of the relevant owner;
5.7.4. is obscene, indecent, pornographic or otherwise objectionable;
5.7.5. is defamatory, libelous, threatening, harassing, offensive, libelous, hateful or embarrassing to any other person or entity, as determined by elamuspluss.ee in its sole discretion;
5.7.6. bullies, harasses, humiliates or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
5.7.7. is violent or threatening or promotes violence or any actions that are threatening to any person or group;
5.7.8. contains advertisements, offers or spam links to other websites or individuals without the prior written permission of elamuspluss.ee;
5.7.9. impersonates another company, person or entity, including elamuspluss.ee, its affiliated entities, employees and representatives;
5.7.10. violates any rules published on the website and application;
5.7.11. is intended to damage, cause damage, block or otherwise interfere with the elamuspluss.ee website/application or elamuspluss.ee cooperation partners.
5.8. If you publish content specified in clauses 5.7 and 5.8 of the Terms of Use, or if elamuspluss.ee or a third party proves that the information you have published does not meet the criteria specified in clause 5.6 of the Terms of Use, you shall be solely responsible. In such case, elamuspluss.ee shall have the right to delete or suspend the use of your account without prior notice.
5.9. Elamuspluss.ee reserves the right to delete illegal content published by you or content that may violate the rights or legitimate interests of third parties.
5.10. Elamuspluss.ee reserves the right (but not the obligation) to monitor, evaluate and analyze the content of the website and application and any use of and access to them, including to determine compliance with the terms of use and other operating rules that elamuspluss.ee may have established.
5.11. Elamuspluss.ee also has the right (but not the obligation) to edit, move, delete or refuse to publish any content made available through the website and application at its sole discretion for any reason, including violation of the terms of use, whether legal or otherwise.
5.12. Notwithstanding the aforementioned right, the client is solely responsible for the content made available by him/her and agrees to indemnify elamuspluss.ee for all claims arising from the content made available by him/her.
6. Elamuspluss.ee's rights
6.1. Elamuspluss.ee has the right to change, suspend or discontinue any or all features of the website/application, as well as change the design of elements of the website/application without prior notice or change at its discretion.
6.2. Elamuspluss.ee has the right to suspend or terminate the elamuspluss.ee website/application at any time without prior notice at its sole discretion. In such case, the seller will fulfill all received and confirmed orders and new orders will no longer be placed through the elamuspluss.ee website.
6.3. In the event of changes in the terms of service (for example, changes in market conditions, changes in legislation, etc.), elamuspluss.ee has the right to change the scope or manner of providing services, suspend or discontinue the service. If the client does not agree to the changes, he should stop using elamuspluss.ee services.
6.4. If the client attempts to damage the stability or security of elamuspluss.ee or fails to fulfill its obligations, elamuspluss.ee has the right, at its sole discretion, to immediately suspend or terminate the client's access to the elamuspluss.ee website or cancel the client's account without prior notice.
7. Third-party websites
7.1. References to the name, mark, products or services of third parties or links to third party websites or information on the Website and/or Application do not necessarily constitute an endorsement, sponsorship or recommendation of the third party or its information, products or services.
7.2. Elamuspluss.ee is not responsible for the content of any third-party linked website or any link contained on a linked website, including any other third-party social media or mobile application platform with which elamuspluss.ee operates or otherwise interacts, nor is elamuspluss.ee responsible for the actions or inactions of the operator of any such website or platform. Your use of any third-party website or platform is at your own risk and is governed by the third-party's terms and conditions (including its privacy policy).
8. Confidentiality
8.1. We acknowledge that in the course of providing our services, we may receive information that is personal, confidential and/or proprietary in nature, including, but not limited to, your personal data and/or other information and documents provided by you, as well as information related to your relationship with elamuspluss.ee. Therefore, we agree to keep all confidential information confidential and strictly confidential and agree that it will only be used for the purposes necessary to provide the services and will not be used for any other purpose or disclosed to any third party.
8.2. The obligation of confidentiality applies, unless otherwise agreed, and in cases where elamuspluss.ee is required to disclose information pursuant to a law, regulation or decision of an authority, or where the information in question is already publicly available.
8.3. Matters concerning personal data have been further discussed. Elamus Pluss OÜ's privacy policy, which is available on this website.
9. No Warranty Clause
9.1. Elamuspluss.ee does not assume any responsibility for the results obtained from the use of the website, elamuspluss.ee systems, services, information or content. Their use is solely at your own risk.
9.2. The Website, Application, elamuspluss.ee systems, information, services and content are provided on an “as is” basis. To the fullest extent permitted by law, Elamuspluss.ee, its licensors and suppliers disclaim all warranties, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose. Elamuspluss.ee and its subsidiaries, licensors and suppliers assume no responsibility and make no warranties of any kind regarding the accuracy, completeness, security or timeliness of the content, information or services contained in or provided on the Website or elamuspluss.ee systems. No information you obtain from the Website and/or Application will create any warranty not expressly stated by elamuspluss.ee in the Terms of Use.
9.3. Some jurisdictions do not allow limitations on implied warranties, so the limitations and exclusions in this section may not apply to you. If you are a consumer, these provisions do not affect your statutory rights that cannot be waived (if any). You agree and acknowledge that the limitations and exclusions of liability and warranties set out in the Terms of Use are fair and reasonable.
10. Limitation of liability
10.1. To the extent permitted by applicable law and to the extent that elamuspluss.ee is otherwise found liable for damages, elamuspluss.ee shall be liable only for actual, proven and justified damages. To the extent permitted by law, in no event shall elamuspluss.ee, its subsidiaries, licensors, suppliers or third parties named on the website be liable for any incidental, indirect, exemplary, punitive or consequential damages, lost profits or damages resulting from lost data or business interruption arising out of or in connection with the use of or inability to use the website, elamuspluss.ee systems, information, services or content, whether based on warranty, contract, tort, tort or any other legal theory and whether or not elamuspluss.ee is advised of the possibility of such damages. To the extent permitted by law, your sole and exclusive remedies in the Terms of Use are those expressly set forth in the Terms of Use.
11. Intellectual property
11.1. The content of the Website, such as text, graphics, images, trademarks, service marks, logos and other material, is protected by copyright and other intellectual property laws under the laws of the Republic of Estonia, the European Union and the respective European Union member states and is the property of elamuspluss.ee. Unauthorized use of such content may violate copyright, trademark and other laws. You may not sell, modify, reproduce, display, publicly perform, distribute, create derivative works from or otherwise exploit the Website Content for any public or commercial purpose. Use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited.
11.2. You acknowledge that elamuspluss.ee owns the exclusive rights to the elamuspluss.ee trademarks. You may not use elamuspluss.ee as part of any product, service, domain or company name and may not, during the term of your legal relationship with elamuspluss.ee, take or permit any actions that are in conflict with the exclusive rights to the elamuspluss.ee trademark, unless you have received prior consent from elamuspluss.ee, and in such case strictly to the extent provided by such consent. Nothing in these Terms of Use grants you ownership of the Website and/or the Application or any rights in relation to them, except as necessary to access the Website and/or the Application and use the elamuspluss.ee services. You undertake not to adapt or attempt to circumvent or delete any notices contained on the Website, including, but not limited to, intellectual property notices and in particular any digital rights or other security measures embedded in or contained on the Website and/or the Application.
12. Complaints
12.1. If you are not satisfied with elamuspluss.ee or its services, you can submit your complaint to elamuspluss.ee customer service (info@elamupluss.ee). You must clearly state that you want to submit a complaint. This helps to distinguish a complaint from a mere inquiry.
13. Miscellaneous
13.1. Applicable Law. The Terms of Use, Privacy Policy, Purchase Agreement and other documents (if any) shall be governed by and construed in accordance with the laws of the Republic of Estonia. All disputes arising out of or relating to the Terms of Use, Privacy Policy, Purchase Agreement and other documents (if any) shall be resolved in accordance with the procedure specified in the Purchase Agreement.
13.2. Validity. The Terms of Use are valid for as long as you use the Website and/or Application. You are subject to the version of the Terms of Use that was in effect at the time the relevant services were provided to you.
13.3. Changes. The Terms of Use and Additional Terms may change. Information about changes will be made available to you on the elamuspluss.ee website/application. If you do not agree to the changes, you may terminate your agreement with elamuspluss.ee in accordance with the Terms of Use.
13.4. Invalidity. If any court or judicial authority finds any provision of these Terms of Use to be invalid, unenforceable or illegal, the remaining provisions will remain in full force and effect, and that provision will be modified to the extent possible to ensure its validity, enforceability and legality.
13.5. Enforceability. No provision of the Terms of Use shall be intended to be enforceable by any person other than you and elamuspluss.ee.
Kehtib alates 20.01.2021Uuendatud 01.08.2023