Conditions of sale

The owner of the online shop http://www.gemfactory.ee/ (hereinafter referred to as the Online Shop) is GEM FACTORY OÜ (registration code 14492047), Väike-Turu 8, Viljandi 71003.

Validity of the sales contract, commercial and price information

• The terms and conditions of sale apply to the purchase of goods from the Online Shop.
• The prices of the products sold in the online shop are indicated with the products.
• A delivery fee is added to the price. The delivery charge depends on the location of the buyer and the delivery method.
• The delivery charge will be displayed to the buyer when placing the order.
• The information about the goods is given in the Online Shop directly next to the goods, and the prices are given in euros.

Placing an order

To order, you must add the products you want to your shopping cart. In order to place an order, you must fill in the required fields and select the appropriate delivery method. The amount of the fee is then displayed on the screen, which can be paid by bank transfer or other payment method. Bank transfers are handled by Montonio Finance OÜ.

The contract enters into force from the date of receipt of the amount due in the online shop’s bank account.

If the ordered goods cannot be delivered due to expiry of the delivery period or for any other reason, the buyer will be informed as soon as possible and the money paid (including delivery costs) will be refunded immediately, but not later than 14 days after the notification.

Delivery to

Goods are delivered to Estonia via Omniva and Itella Smartpost parcel machines and to Europe via Omniva parcels.

The shipping costs are borne by the buyer, and the corresponding price information is displayed with the shipping method.

Shipments within Estonia usually arrive at the destination specified by the buyer within 1-3 working days from the entry into force of the sales contract. Outside Estonia, delivery will be made within 7-28 calendar days.

In exceptional cases, you have the right to have the goods delivered within up to 45 calendar days.

Right of withdrawal

After receipt of the order, the buyer has the right to withdraw from the e-contract within 14 days. The right of withdrawal does not apply if the buyer is a legal person.

In order to exercise the 14-day right of withdrawal, the goods ordered may not be used in any other way than is necessary to ascertain the nature, characteristics and functioning of the goods, in the same way as is allowed for testing the goods in a physical shop.

If the goods have been used for purposes other than what is necessary to ascertain the nature, characteristics and functioning of the goods, or if the goods show signs of use or wear, the Online Shop has the right to reduce the refundable fee in accordance with the reduction in the value of the goods. In order to return the goods, a document confirming the purchase (invoice, cheque, bank statement) must be presented and sent to the e-mail address info@gemfactory.ee within 14 days of receipt of the goods at the latest.

The cost of returning the goods is borne by the buyer, unless the reason for returning the goods is that they do not correspond to what was ordered (e.g. they are wrong or defective).

The buyer must return the goods within 14 days of the date of the application or provide proof that he has handed them over to the carrier within the above period.

Upon receipt of the returned goods, the online shop will immediately, but not later than 14 days from the date of receipt of the withdrawal, return to the buyer all the payments received from the buyer under the contract.

The online shop may refuse to make a refund until it has received the goods covered by the contract or until the buyer has provided proof that he has returned the goods, whichever is the earlier.

If the buyer has expressly chosen a delivery method other than the cheapest delivery method offered by the Online Shop, the Online Shop is not obliged to reimburse the consumer for the cost that exceeds the cost of the usual delivery method.

The online shop has the right to withdraw from the sale and to demand the return of the goods from the buyer if the price of the goods in the online shop is marked significantly below the market price of the goods due to a mistake.

Right to lodge a complaint

The online shop is liable for the non-conformity or defect of the goods sold to the buyer, which already existed at the moment of delivery and which will become apparent within a maximum of two years from the delivery of the goods to the buyer. During this first six months after the delivery of the goods to the buyer, it is presumed that the defect already existed at the time of delivery. It is the responsibility of the On-line Shop to rebut this presumption.

In the event of a defect, the purchaser has the right to contact the online shop within two months at the latest by sending an e-mail to info@gemfactory.ee.

The online shop is not liable for defects that occur after the goods have been delivered to the buyer.

If the goods purchased from the Online Shop have defects for which the Online Shop is responsible, the Online Shop will repair or replace the defective goods. If it is not possible to repair or replace the goods, the Online shop will refund the buyer all the fees for the sales contract.

The online shop will respond to the consumer’s complaint in writing or in a format that can be reproduced in writing within 15 days.

Direct marketing and processing of personal data

The online shop uses the personal data entered by the buyer (including name, telephone number, address, e-mail address, bank details) only for processing the order and sending the goods to the buyer. The online shop forwards personal data to companies providing transport services in order to deliver the goods.

The online shop sends newsletters and offers to the buyer’s e-mail address only if the buyer has expressed his/her wish to receive them by entering his/her e-mail address on the website and has indicated his/her wish to receive direct mail notifications.

The purchaser may opt-out of receiving offers and newsletters by email at any time by notifying us by email or by following the instructions in the email containing the offers.

The online shop is the controller of personal data and forwards the personal data necessary for the execution of payments to the processor Montonio Finance OÜ.

Dispute resolution

If the buyer has any complaints about the Online Shop, they should be sent by e-mail to info@gemfactory.ee.

If the buyer and the Online Shop are unable to resolve the dispute through an agreement, the buyer can turn to the Consumer Disputes Committee. The Consumer Disputes Committee is competent to settle disputes arising from a contract concluded between the buyer and the Online Shop. The examination of the buyer’s complaint by the Commission is free of charge.

The buyer can turn to the European Union’s consumer dispute resolution platform.