Terms and Conditions

The owner of the web site shop.gerdamiller.com (hereinafter: Web Shop) is Gerda Miller OÜ (registry code 12963407) with registered office at Paldiski mnt 25/1, Tallinn, Estonia 10612.

Validity of contract of sale, goods and price information

The terms and conditions of sale shall apply to sales of goods from the Web Shop. Prices of goods sold in the Web Shop are shown next to the products. Prices include value added tax. The price shall be added a fee for delivery of the goods. The fee for delivery depends on the location of the buyer and the type of goods. The fee for delivery is displayed to the buyer when the buyer is placing the respective order. Information about a specific product is displayed next to the product in the Web Shop.

Validity of contract of sale, goods and price information

Placing an order

If you want to order goods, you have to add the preferred products to the cart. To place an order, you must fill in the required data fields and select the preferred method of delivery of goods. After you have made the required selections, the sum is displayed on the screen that you can pay via a bank link. The payment is facilitated by Montonio. Payments are accepted in euros.
The contract shall become effective upon receipt of the payable sum in the bank account of the Web Shop. If it is not possible to deliver the ordered goods because they are not available any more or for some other reason, the buyer is notified thereof at first opportunity and the received money will be refunded immediately but no later than within 14 days as of the receipt of the respective notice.

Delivery

Delivery costs of goods shall be at the buyer`s expense and the relevant price information is displayed next to the delivery method. Shipments within Estonia are delivered to the designated destination within 3-7 business days as of the moment the contract of sale becomes effective. If the buyer has special requests when ordering the goods, then delivery can take 1-7 business days. In exceptional cases, the delivery period of goods is allowed to be up to 45 calendar days.

Right of withdrawal

After the buyer has received the ordered goods, the buyer is entitled to withdraw from the contract entered into in the Web Shop within 14 days. The right of withdrawal shall not apply, if the buyer is a legal person. To be eligible to use the 14-day period of the right of withdrawal, the ordered goods must not be used in any other way than to make sure the nature, features and functioning of the goods as usually allowed for testing of goods in a physical shop. If the goods have been used for other purpose than to confirm the nature, features and functioning of the goods or the goods have signs of use or wear, the Web Shop is entitled to reduce the refund amount in proportion to the reduced value of the goods.

To return the goods, a withdrawal form must be filled in, which is available here: thereafter the form must be sent to the e-mail address shop@gerdamiller.com but no later than within 14 days from receipt of the goods. Expenses incurred in relation to return of the goods shall be at the buyer`s expense, except for in case the reason for return is that the returned item is not originally ordered (e.g. wrong or faulty item).

The buyer shall return the goods within 14 days following the day of submission of the form or submit a proof that he or she has given over the goods to the carrier within the above period. The Web Shop shall immediately refund all payments received from the buyer under the contract but no later than within 14 days as of receipt of the withdrawal form.

The Web Shop is entitled to refuse to make refunds until receipt of the item that is the subject of the contract or until the buyer has submitted proofs that he or she has returned the item, whichever arrives first. If the buyer has clearly chosen other delivery method than the cheapest regular delivery method offered by the Web Shop, the Web Shop shall not be obligated to refund the consumer the expense that exceeds the cost of the regular delivery method. The Web Shop has the right to withdraw from a sales transaction and request the buyer to return the goods if the price displayed in the Web Shop is, due to an error, significantly lower than the market price of the goods.

Swapping of goods

When the client wishes to swap goods in his/her own will, at first the client has to return the ordered goods. Expenses incurred in relation to return of the goods shall be at the client`s expense. After that the client has to make another buy at the Web Shop. Web Shop will return the amount paid for the returned goods, if the returned goods are intact and undamaged.

Right to submit a claim

The Web Shop is responsible if the goods sold to the buyer are non-compliant with the terms and conditions of the contract or for a defect the item had already at the time of delivery which was revealed within two years from the moment of delivery of the goods to the buyer. Of this period, during the first six months from the moment of delivery of the item to the buyer, it is presumed that the defect existed already at the time of delivery of the item. The obligation to refute this presumption lies with the Web Shop.

If a defect becomes apparent, the buyer has the right to contact the Web Shop no later than within two months by sending an e-mail at the address shop@gerdamiller.com. The Web Shop shall not be responsible for any defects that have occurred after delivery of the goods to the buyer. If the goods purchased from the Web Shop have defects that are the responsibility of the Web Shop, the Web Shop shall repair or replace the faulty goods. If it is not possible to repair or replace the goods, the Web Shop shall refund the buyer all payments made in relation to the contract of sale.

Direct marketing and processing of personal data

The Web Shop uses personal data entered by the buyer (incl. name, telephone number, e-mail address, bank account details) only for the purpose of processing the order and sending the goods to the buyer. The Web Shop forwards personal data to the carrier company to deliver the goods.

Dispute resolution

If the buyer has any claims related to the Web shop, they should be sent to the e-mail address shop@gerdamiller.com .
If the buyer and the Web Shop fail to resolve the dispute by way of agreement, the buyer can contact the Consumer Disputes Committee. The procedural conditions and the application form are available here. The Consumer Disputes Committee is competent to resolve disputes arising from the contract entered into between the buyer and the Web Shop. Hearing of a buyer`s complaint by the Committee is free of charge.

The buyer can contact the European Union consumer disputes resolution platform here.

Processing of personal data

Personal data processed

name, telephone number and e-mail address;
delivery address of goods;
bank account number;
cost of goods and services and payment related data (purchase history);
customer support data.

Personal data are processed for the following purposes:

Personal data are used to manage customer orders and deliver the goods.
Purchase history data (date of purchase, goods, quantity, customer data) are used to prepare an overview of the purchased goods and services and analyse customer preferences.
The bank account number is used to make refunds to the customer.
Personal data such as the e-mail address, telephone number and name of the customer are processed for the purpose of resolving issues related to the goods and provision of services (customer support).
The IP address of the internet store user or other online identifiers are processed for the purpose of providing the internet store service as an information society service and collecting web browsing statistics.

Legal basis

Personal data are processed for the purpose of performing the agreement entered into with the customer.

Personal data are processed for the purpose of fulfilling a legal obligation (e.g. accounting and resolution of consumer disputes).

Recipients to whom personal data are forwarded:

Personal data are transmitted to the customer support service of the internet store for the purpose of managing purchases and purchase history and resolving customer issues.
Personal data are transmitted to Stripe for facilitating payments.
The name, telephone number and e-mail address are forwarded to the transport service provider chosen by the customer. If the goods are delivered by a courier, the address of the customer is forwarded in addition to contact details.
If accounting of the internet store is arranged by the service provider, personal data are transmitted to the service provider for the purpose of accounting.
Personal data may be transmitted to the provider of IT services, if they are required for the purpose of ensuring the functionality of the internet store or data hosting.

Security and access to data

Personal data are stored in the web platform Wix environment and Google Drive cloud service located on the territory of a Member State of the European Union or a country of the European Economic Area. Data may be transmitted to countries where the level of data protection has been assessed as satisfactory by the European Commission and the USA companies that have joined the Privacy Shield Framework.

The employees of the internet store have access to personal data for the purpose of resolving technical issues related to the use of the internet store and providing the customer support service.

The internet store implements appropriate physical, organisational and IT security measures to protect personal data against accidental or unlawful destruction, loss, alteration, or unauthorised access to and disclosure of these data.

Personal data are transmitted to the processors of the internet store (e.g. the transport service provider and data hosting) in compliance with the agreements entered into between the internet store and the processors. The processors shall ensure the implementation of appropriate security measures when processing personal data.

Access to and rectification of personal data

Personal data can be accessed through the customer support service.

Withdrawal of consent

If personal data are processed on the basis of a customer consent, the customer has the right to withdraw his or her consent by notifying the customer support service thereof via e-mail.

Retention

The purchase history is retained for three years.

In case of payments and consumer disputes, personal data are retained until the claim has been satisfied or the limitation period has expired.

Personal data required for accounting shall be stored for seven years.

Deleting

In order to delete personal data, the person has to contact the customer support service by e-mail. A request to delete personal data shall be responded to no later than within one month and the period of deleting of personal data shall be detailed.

Transmission

A request regarding the transmission of personal data submitted by e-mail shall be responded to no later than within one month. The customer support service identifies the person and notifies of personal data to be transmitted.

Direct marketing

The e-mail address is used for direct marketing purposes provided that the customer has given an appropriate consent. If the customer is not interested in receiving any direct marketing messages, the person has to select the relevant reference in the footer of the e-mail or contact the customer support service.

If personal data are processed for direct marketing purposes (profiling), the customer has the right to submit an objection to the initial and further processing of his or her personal data, including profiling related to direct marketing, by notifying the customer support service thereof via e-mail (relevant information must be submitted clearly and separately from any other information).

Resolution of disputes

Any disputes related to the processing of personal data are resolved through the customer support service that can be contacted by writing to the e-mail address at shop@gerdamiller.com. The supervisory authority is the Estonian Data Protection Inspectorate (Eesti Andmekaitse Inspektsioon) (info@aki.ee).

Payment Methods