💼 Kas soovite saada meie B2B kliendiks? Kirjutage [email protected] aadressile
💼 Kas soovite saada meie B2B kliendiks? [email protected]
English

Purchasing Terms and Conditions

1.1 These Terms and Conditions of Buying, along with the documents referred to in these Terms and Conditions, are intended to provide information about Lemona JSC (hereinafter referred to the Seller) and present the Terms and Conditions (hereinafter referred to the Terms and Conditions) of the Goods (hereinafter referred to the Goods) sold to the persons buying the Goods (hereinafter referred to the Goods) in the e-shop.
1.2 These Terms and Conditions apply to the conclusion of any agreement between the Seller and the Buyer for the sale of the Goods (hereinafter referred to the Agreement). Please read these Terms and Conditions thoroughly before making any order for the Goods in the e-shop and make sure you understand them. Please note that before completing an order, the Buyer shall accept these Terms and Conditions and the Privacy Policy. Otherwise, the completion of an order and the order of the Goods shall not be possible.
1.3 Please also note that these Terms and Conditions may be amended in accordance with the procedure set out in paragraph 6. Whenever you order the Goods, we recommend that you review the Terms and Conditions to make sure the Buyer is fully aware of the Terms and Conditions of the order in a particular case. These Terms and Conditions were updated on 23.05.2019 last time.
2. Information about the Seller
2.1 These Terms and Conditions apply to the purchase of the Goods at https://www.lemona.ee. The Seller is Lemona Eesti OÜ, a Estonian company duly registered and operating in the Republic of Estonia, entity code 11611793, registered office at Tulika 19c, Tallinn, 10613. The data on the Seller are collected and stored in the Register of Legal Entities, the registrar is the State Enterprise Centre of Registers. The Seller’s VAT payer’s code is EE101632571,
3. Goods
3.1 Goods images in the e-shop are illustrative. Notwithstanding that the Seller has made every effort to depict the colours of the Goods as accurate as possible, the Seller cannot guarantee that the Buyer’s device screen will accurately reflect the colours of the Goods. The Buyer understands that the Goods can differ slightly from their images.
3.2 The packaging of the Goods can differ from that shown on the images in the e-shop.
3.3 Unless expressly stated otherwise, all Goods in the e shop are available. In case the ordered Goods are no longer available and there is no possibility to order them from the suppliers, the Buyer is immediately informed about it by email or other means of communication, and the execution of the order of such Goods shall be terminated.
4. Processing of Personal Data
The Seller shall process the Buyer’s data in accordance with the Privacy Policy. Considering the fact that the Privacy Policy specifies important provisions of the Terms and Conditions, it is recommended for the Buyer to thoroughly read them and make sure that all the Privacy Policy is understandable and acceptable to him/her.
5. Conclusion of the Purchase and Sales Agreement
5.1 The following Buyers can buy Goods in this e-shop:
(a) Natural persons who are already 18 (eighteen) years of age.
(b) Natural persons who are between 14 (fourteen) and 18 (eighteen) years of age, if they have the consent of their parents or foster parents, unless they have personal funds available.
(c) Legal entities.
5.2 By confirming these Terms and Conditions, the person confirms that he/she has the right to buy the Goods in this e-shop.
5.3 The procedure of ordering Goods set by the Seller gives the Buyer the opportunity to check and correct the errors before placing a final order. It is recommended for the Buyer to thoroughly read and check an order placed at each stage of order placement.
5.4 The Agreement between the Buyer and the Seller is considered to have been concluded from the moment when the Buyer, who has formed a Shopping Cart in the e-shop, provided the name of the Buyer (in Latin letters) and a delivery address, a correct postal code, chose the payment method and read these Terms and Conditions, clicked on the button Confirm.
5.5 When the Buyer places an order, a confirmation email is sent to the Buyer.
5.6 Having prepared the order, the Seller confirms the order by sending an email to the Buyer to confirm that the Goods have been sent to the Buyer or prepared for collecting in the shop (depending on the delivery method selected).
5.7 Each Contract (order) concluded between the Buyer and the Seller shall be registered and stored in the e-shop database.
5.8 By signing the Agreement, the Buyer agrees that an e-invoice with the purchase data shall be sent to the e-mail provided at the time of purchase. An invoice is sent by email on working days within 6 (six) business days from the moment when the Seller hands the Goods over to the courier. It should be noted that a VAT invoice is issued on the date of handing the Goods over to the courier (depending on which of the Seller’s suppliers supply the Goods in a particular case).
5.9 In the event that the Seller does not have a possibility to sell the Goods, e.g. because the Goods are not in stock, the Goods are no longer sold or an error related to the price provided in the e-shop occurred, as stated in paragraph 9.5 of these Terms and Conditions, the Seller shall inform the Buyer about it by e-mail or other means of communication and the order shall not be executed. In case the Buyer has already paid for the Goods, the Seller shall refund the paid amounts within 14 calendar days.
6. Right to Amend the Terms and Conditions
6.1 The Seller reserves the right to amend these Terms and Conditions, including but not limited to:
(a) Amendment of the Terms and Conditions of payment.
(b) Amendments to the applicable legislation.
6.2 Each time the Goods are ordered, the effective version of the Terms and Conditions shall be applied at that time for the purpose of concluding the Agreement between the Seller and the Buyer.
6.3 Each time the Terms and Conditions are amended, according to paragraph 6 of these Terms and Conditions, the date of the amendment shall be specified in paragraph 1.3 of these Terms and Conditions.
7. Withdrawal of the Agreement and Refund
7.1 The Buyer has the right to cancel the Agreement within the period specified in paragraph 7.3 of these Terms and Conditions without giving a reason. This provision means that if the Buyer changes his/her mind during the period above or decides to refuse the Goods for any other reason, the Buyer has the right to notify the Seller of his/her decision to disclaim the Agreement, return the Goods to the Seller and get a refund.
7.2 The aforementioned right of disclaim shall not apply to the Agreements on:
(a) The Goods produced in accordance with special instructions of the Buyer, which are not pre-fabricated and which are manufactured according to the Buyer’s personal choice or instructions, or the Goods which are expressly tailored to the Buyer’s personal needs.
(b) Packaged Goods which were unpacked after delivery and which cannot be returned for health or hygiene reasons.
(c) Goods which, by their nature, are inherently mixed with other items after delivery.
(d) Packaged videos, audios or software that were unpacked after delivery.
7.3 The Buyer’s right to disclaim the Agreement shall appear from the conclusion of the Agreement as defined in paragraph 5 of the Terms and Conditions. The Buyer shall have the right to return the Goods to the Seller within 14 (fourteen) days after the Goods are transferred to him/her and get a refund paid for them.
7.4 The Buyer, if he/she is willing to withdraw the Agreement, should send the Seller a clear notice stating the decision to disclaim the Agreement. Upon receipt of the Buyer’s notice, the Seller shall immediately send a confirmation of receipt.
7.5 The Goods shall be returned by sending to Lemona JSC office.
7.6 The Buyer, who has disclaimed the Agreement, shall get back all the money paid for the Goods, including delivery costs. Upon receipt of the Goods and evaluation of their quality, the Seller shall refund not later than within 14 (fourteen) days from the receipt of a written Agreement disclaimer notice, subject to paragraph 7.13 of the Terms and Conditions. If only part of the Goods is returned, delivery costs shall not be refundable.
7.7 The Buyer can exercise the right to return the Goods only if the term for returning the Goods has not been missed and if the Goods can be returned to their original state and sold at full or discounted price.
7.8 The returned Goods should not be damaged, merchantable (not damaged labels, protective films, etc.), and should not have been used. All returned Goods should have original labels, protective bags and the same accessories that they were sold with. The returned Goods should be in a good original package (with the instruction of use and a guarantee card, if they were delivered with the Goods), and of the same composition as bought by the Buyer. The gifts received for the Goods should also be returned at the same time.
7.9 The Buyer shall be liable for any decreased value of the Goods (including but not limited to the cases specified in paragraph 7.8 of the Terms and Conditions) arising from the actions not necessary to determine the nature, characteristics and performance of the Goods. I.e. the Seller has the right to unilaterally reduce the amount of the refund to the Buyer in proportion to the aforementioned decrease in the value of the Goods.
7.10 A VAT invoice (its number) should be submitted upon return or, in the case of a non-issued VAT invoice, another document confirming buying from the Seller and an order number.
7.11 After the Buyer returns the Goods under this Section 7 due to quality defects of the Goods, the Seller shall refund the price paid for the defective Goods to the Buyer in full and compensate the delivery costs in accordance with paragraph 7.6. on returning a part of the Goods.
7.12 The Seller shall transfer the refund to the bank account specified by the Buyer in any bank operating in the Republic of Estonia. In cases when the Goods are returned to the Lemona JSC return department at the shopping centre, the refunds shall be paid in cash.
7.13 The Seller has the right not to refund to the Buyer until the Goods have been returned to the Seller and have not been checked for compliance with paragraph 7.7 and paragraph 7.8 of the Terms and Conditions.
7.14 In case the Goods were delivered to the Buyer, after the Agreement disclaimer:
(a) The Buyer should immediately return the Goods to the Seller.
(b) Except in cases of defective Goods as provided in paragraph 7.11, the Buyer shall have to cover the cost of returning the Goods to the Seller.
(c) The Buyer has a duty to properly store the Goods before returning them to the Seller.
7.15 In all cases, the Buyer shall have rights arising from the Sale of defective Goods provided in the legislation of the Republic of Estonia. The rules of refunding specified in Section 7 or any other part of the Terms and Conditions shall not affect the existence of these rights.
8. Delivery
8.1 The amount of the Goods to be delivered shall not be less than the minimum amount of a Shopping Cart, if it is provided, the actual amount of which is given in the Section Delivery and Collection of the Goods.
8.2 At the Buyer’s choice, the Goods can be delivered by the transportation company at the Buyer’s expense. In individual cases specified by the Seller, the Goods shall be delivered at the Seller’s expense.
8.3 The Buyer shall, at the time of ordering, select the home delivery service for the Goods, and give the exact place of delivery of the Goods. The exact cost of delivery depends on the weight and price of the ordered Goods. Relevant delivery costs are provided in the section Delivery and Collection of the Goods.
8.4 The services for unloading and taking the Goods to the place shall be ordered separately prior to payment for the Goods. The services for unloading and taking the Goods to the place are paid for the Buyer. In certain cases specified by the Seller, the services for unloading and taking the Goods to the place shall be paid by the Seller. Relevant costs for the services for unloading and taking the Goods to the place are provided in the section Delivery and Collection of the Goods.
8.5 The Buyer’s order shall be fulfilled by the planned delivery date specified in the notice of dispatch specified in paragraph 5.6, except in case of the events beyond the control of the Seller (as defined in paragraph 16 of these Terms and Conditions).
8.6 As usual, the goods are delivered to the address specified by the Buyer in the terms specified in the Section Delivery and Collection of the Goods. The Seller shall not guarantee that the Goods will always be delivered within the time limit specified in this paragraph, especially if the ordered Goods are not in the Seller’s stock. The Goods are delivered throughout the territory of the Republic of Estonia.
8.8 Delivery shall be considered completed when the Goods are delivered to the address provided by the Buyer.
8.9 The right of ownership of the Goods shall pass to the Buyer from the moment when the courier hands over the Goods to the Buyer.
8.10 At the time of delivery, the Buyer or, as the case may be, the Buyer’s representative should check the condition of the shipment package with the representative of the transport company in accordance with the rules of the courier organization(s) specified in the section Return and Warranty.
8.11 In case of damage of the shipment package, the Buyer or the Buyer’s representative, as the case may be, has the right not to accept the shipment. In this case, the representative of the organisation providing courier services, together with the Buyer or, as the case may be, the representative of the Buyer, shall fill in a special shipment inspection document where they indicate the damage found.
8.12 Upon the receipt of the shipment by the Buyer, or, as the case may be, the Buyer’s representative, and signing in the data logger of the company providing the courier’s service, or the paper delivery confirmation without notes, it shall be considered that the Goods were delivered in an undamaged package, additional services specified in the data logger or paper delivery confirmation were properly fulfilled, unless proven otherwise.
8.13 Upon delivery of the Goods to the address specified by the Buyer, the Goods shall be considered handed over to the Buyer, irrespective of whether the Goods are actually accepted by the Buyer or any other person accepting the Goods at the specified address. If the Goods are not delivered on the scheduled day of delivery of the Goods, the Buyer shall inform the Seller immediately, but not later than the next day after the scheduled date of delivery of the Goods.
8.14 If the Goods are accepted not by the Buyer, the Buyer shall provide the data of a person accepting the Goods by completing the order delivery information.
8.15 When accepting the Goods, it is necessary to present a valid identity document in order to properly identify the Buyer. If the Buyer cannot accept the Goods himself/herself, and the Goods are delivered to the address specified by the Buyer, the Buyer shall have no right to make a claim to the Seller regarding the delivery of the Goods to a wrong person.
8.16 The Buyer should check the packages, quantity, quality, range, completeness and composition of the Goods within 14 (fourteen) days from the moment of delivery of the Goods. If the Buyer fails to fulfil this obligation within the specified term and does not make any claims to the Seller, the packages of the Goods shall be considered to be appropriate and the quantity, quality, range, completeness and composition of the Goods comply with the Terms and Conditions of the Agreement. Collection at the shop
8.17 At the Buyer’s choice with the exceptions provided for in the section Delivery and Collection of the Goods, the Goods ordered in the e-shop may be collected free of charge at Lemona JSC shops.
8.18 After the Seller prepares the Goods for collection, the Buyer shall be informed by email or SMS that the Goods are ready for collection.
8.19 Usually the terms for preparing the Goods for collection are given in the Terms specified in the section Delivery and Collection of the Goods.
8.20 The ordered Goods should be collected not later than within 7 (seven) days if the order has been pre-paid and 5 (five) days if the order is paid at the collection point after the Seller has informed the Buyer by email or SMS about the collection of the Goods. If the Goods are not collected within the term specified in this paragraph, the order shall be cancelled.
8.21 The right of ownership of the Goods when collecting it in the shop shall pass to the Buyer from the moment when the Seller hands the Goods over to the Buyer.
8.22 When collecting the Goods in the shop, the Buyer should:
(a) Specify the order number.
(b) Present an identity document.
8.23 The Goods can be collected only by the Buyer. If the Goods are collected by another person, when ordering the Goods, he/she should be specified as the Recipient of the Goods. If the Buyer is a legal entity, the Seller shall have the right to request the authorisation to collect the Goods.
8.24 The list of Lemona JSC shops where it is possible to collect the Goods is provided in the section Delivery and Collection of the Goods. Please note that at the time of purchase the Buyer is allowed to choose the collection of the Goods in those shops that do not have sufficient amount of the Goods but it will take a while to deliver the Goods from the central warehouse.
8.25 At the time of collecting the Goods, the Buyer or, as the case may be, the Buyer’s representative should check the packaging, quantity, quality, range, completeness and composition of the Goods:
(a) The Buyer or, as the case may be, the Buyer’s representative, has the right to refuse to accept the Goods, if the violation of a package, quantity, quality, range, completeness and composition of the Goods are not met.
(b) Upon acceptance of the Goods by the Buyer or, or as the case may be, by the Buyer’s representative, it shall be deemed that the Goods have been delivered in the appropriate packaging, and the quantity, quality, range, completeness and composition of the Goods meet the Terms and Conditions of the Agreement.
8.26 Low-quality Goods, the quality inconsistency of which could not be found when examining the Goods in accordance with the procedure provided in paragraph 8.25, shall be returned to the same Lemona JSC shopping centre where the Goods above were collected.
8.27 Additional information related to the delivery of the Goods is provided in the section Delivery and Collection of the Goods.
9. Price of the Goods and Delivery Costs 
9.1 The prices of the Goods will be as specified in the e-shop. The Seller shall make all reasonable efforts to ensure that the prices of the Goods are correct when the Buyer places the order. If the Seller notices that the prices of the Goods are inaccurate, paragraph 9.5 of these Terms and Conditions shall apply.
9.2 The prices of the Goods are subject to change, but such changes shall not affect the existing Agreements.
9.3 The prices of the Goods shall include VAT (where applicable) and in the amount applied at the specific time in the Republic of Estonia. In case the VAT rate changes from the day of the order to the date of delivery thereof, the price can change depending on the change in the amount of VAT, except when the Buyer has fully paid for the Goods before the change of VAT rate has entered into force. The Seller shall inform the Buyer in writing about such change of a price and shall give a possibility to the Buyer to buy the Goods at a price adjusted according to the changed VAT rate or to cancel the order. The order shall not be executed before the Buyer’s response is received. In case the Buyer fails to contact his/her specified contacts, it shall be considered that the order has been cancelled and the Buyer shall be notified of it in writing.
9.4 The prices of the Goods do not include shipping costs. The amount of shipping costs specified in the e-shop is subject to change. Relevant delivery costs are provided in the section Delivery and Collection of the Goods.
9.5 Considering the fact that the Seller’s e-shop offers a very wide range of Goods, despite all reasonable efforts of the Seller, it is possible that some of the Goods can be provided at wrong prices. In the event the Seller finds that the price of the Goods is incorrect, the Seller shall inform the Buyer about it in writing and allow the Buyer to purchase the Goods at the right price or cancel the order. The order shall not be executed before the Buyer’s response is received. In case it is impossible to reach the Buyer by his/her specified contacts, it shall be considered that the order has been cancelled and the Buyer has been informed in writing about it. It should be noted that if the price error is obvious and the Buyer was reasonably able to recognise such false pricing, the Seller shall not be obliged to sell the Goods to the Buyer at an incorrect (lower) price.
10. Payment
10.1 The Buyer can pay for the Goods by using the following methods:
(a) E-banking.
(b) In cash or by bank card, under the Terms and Conditions specified in the section Payment.
(c) Paysera services.
(d) Payment card (credit or debit).
(e) Bank transfer.
10.2 Legal entities shall also be given the opportunity to pay by bank transfer to the Seller’s bank account indicated in the pro forma VAT invoice sent to the Buyer by specifying the order number given to the Buyer in the payment purpose.
10.3 If the Buyer chooses the payment method specified in paragraph 10.1 (a), the Buyer shall confirm the payment order to the Buyer’s bank not later than within 24 (twenty-four) hours after the click on the button Order. If the payment order is not confirmed within this period, the Seller shall have the right to consider that the Buyer has refused to conclude the Agreement and cancel the order.
10.4 The Goods selected by the Buyer shall be reserved in the Seller’s system and the Seller shall start the order as follow:
(a) When the Seller receives a notice from the Buyer’s bank about the payment for the selected Goods made in the case of paragraph 10.1 (a), paragraph 10.1 (d) and paragraph 10.2.
(b) Following the receipt of the confirmation of funding, in the case of paragraph 10.1 (c).
(c) Immediately after placing the order as provided in Section 5, in the case of paragraph 10.1 (b).
10.5 When it is paid for the Goods by the method provided in paragraph 10.1(b), when the Goods are delivered home, a courier administration charge specified in the Shopping Cart shall be applied when selecting the possibility to pay by the method specified in paragraph 10.1(b). The relevant amount of the fee above is provided in the section Payment.
10.6 More information on payment is provided in the section Payment.
11. Buyer’s Responsibilities
11.1 The Buyer shall submit only correct and complete data in the registration form. Upon the change of the data specified in the registration form, the Buyer shall immediately update them.
11.2 The Buyer shall use the e-shop in a fair and correct manner and shall not interfere its work or stable operation. If the Buyer fails to comply with this responsibility, the Seller shall have the right to restrict, suspend (terminate) the Buyer’s access to the e-shop without any prior notice and shall not be liable for any related Buyer’s losses.
11.3 The Buyer shall pay for the Goods ordered and accept them in the procedure prescribed by these Terms and Conditions.
11.4 Notwithstanding the obligations provided in other paragraphs of the Terms and Conditions, the Buyer shall inspect the Goods before starting using them (including its assembly, installation, etc.) and make sure that the Goods received are as ordered by the Buyer.
11.5 The Buyer shall comply with the other requirements provided in these Terms and Conditions and in the legislation of the Republic of Estonia.
12. Manufacturer’s Guarantee
12.1 Some of the Goods being sold by the Seller are subject to the manufacturer's guarantee. Information about it and the applicable Terms and Conditions are provided in the manufacturer’s guarantee accompanying the Goods.
12.2 The manufacturer’s guarantee supplements the Buyer’s rights related to the defective Goods.
13. Seller’s Responsibilities
13.1 The Seller undertakes as follow:
(a) To make efforts to enable the Buyer to properly use the services provided by the e-shop.
(b) To respect the privacy of the Buyer, process the Buyer’s personal data only in accordance with the procedure set by these Terms and Conditions, the Privacy Policy and the legislation of the Republic of Estonia.
13.2 The Seller undertakes to comply with all the requirements of these Terms and Conditions.
14. Quality of the Goods
14.1 The Seller guarantees the quality of the Goods (statutory quality guarantee). The Seller provides a quality guarantee applied for a certain period of time for different types of Goods, the specific term and other Terms and Conditions of which are provided in the descriptions of such Goods.
14.2 The defects of the Goods shall be eliminated, the defective Goods shall be replaced or returned in accordance with the procedure set in these Terms and Conditions and taking the requirements of the applicable legal acts of the Republic of Estonia into account.
14.3 If the delivered Goods do not meet the quality requirements, the Buyer can apply to the nearest authorised service centre of Lemona JSC shops (addresses can be found here) or to the manufacturer of the Goods (the contact details of the after sales service centres can be found here) by presenting a VAT invoice with buying the Goods or in case a VAT invoice was not issued, another document confirming buying of the Goods from the Seller.
14.4 The Buyer who is willing to make a complaint regarding defective or incomplete Goods can do it in the shops of Lemona JSC or by email [email protected].
14.5 When making a complaint, the Buyer shall add the VAT invoice (number) of buying the Goods or, if a VAT invoice is not issued, another document confirming buying of the Goods from the Seller, and specify the following information: (a) Number of the order of the Goods.
(b) Image of the Goods, image of the defective area (if it is mechanical damage and possible to make an image).
(c) Image of the packaging of the Goods.
(d) Description the defects, failure or missing parts of the Goods.
14.6 When making a complaint, the Buyer should indicate how he/she would like the claim to be resolved:
(a) By removing the defects of the Goods free of charge be the Seller within a reasonable period of time, if the defects can be removed.
(b) By reducing the purchase price accordingly.
(c) By replacing the Goods with the equivalent high-quality Goods, except where the defects are minor or they were caused by the Buyer.
(d) By returning the paid price of the Goods and waiving the Agreement, when the Goods of poor quality are a material breach of the order.
14.7 Following examination of the claim, the response shall be submitted within 14 (fourteen) days.
14.8 For the guarantee issues, the Buyer should call at +372 640 7513 or email at [email protected].
15. Liability
15.1 The Buyer shall be responsible for the actions taken in the e-shop, including but not limited to the accuracy of the data provided in the registration form. The Buyer shall assume the responsibility for the consequences caused by incorrect or inaccurate data provided in the registration form.
15.2 Having registered in an e-shop, the Buyer shall be responsible for storing and/or transferring his/her login data to third parties. If the services provided by the e-shop are used by third parties logged in the e-shop via the Buyer’s login data, the Seller shall consider such a person a Buyer and a Buyer shall be responsible for all actions performed by such third party in the e-shop.
15.3 To the extent it does not contradict the applicable legislation, the Seller is exempt from any liability in all cases where the loss occurs due to the fact that the Buyer did not read Terms and Conditions, Privacy Policy and other documents specified in the Terms and Conditions, even though such possibility was provided to him/her.
15.4 Subject to Article 8 (3) of the Law on Electronic Signature of the Republic of Estonia, the Buyer and the Seller agree that the confirmation of the Buyer’s actions in the e-shop by logging with the e-shop login data (identification code) shall have the legal power of the electronic signature established in Article 8 (1) of the Law on Electronic Signature of the Republic of Estonia (i.e. it has the same legal power as the signature in written documents and is admissible as a means of proof in court). The Buyer shall keep his/her data of login to the e-shop in secret and not disclose it, as well as to ensure that the data is known only to him/her and only he/she can use the data, not to transfer it to other persons or not to allow them to access or use the data. If there is a suspicion that the login data could have been found by another person, the Seller should be immediately notified of it, as well as the Seller should be immediately informed about the violation or disclosure of the login to the e-shop. All actions performed using the Buyer’s identification code shall be considered performed by the Buyer and the Buyer shall assume full responsibility for the consequences of such actions.
15.5 The Parties shall be liable for the violation of the Agreement concluded using the e-shop in accordance with the procedure set by the legislation of the Republic of Estonia.
15.6 In the event the Seller violates the provisions of these Terms and Conditions, he/she shall be liable for any damage or loss suffered by the Buyer resulting from the violation of these Terms and Conditions. Damage or loss shall be considered foreseeable if they are an obvious consequence of the Seller’s violation or if such damage or loss was perceived by the Seller and the Buyer when concluding the Agreement.
15.7 The Seller shall supply the Goods only for household and personal use. The Buyer shall not use the Goods sold for the commercial, business or resale purposes of the Goods, and the Seller shall not be liable for any loss of profits, loss of business, interruption of the activity or loss of business opportunity.
15.8 The Seller shall not be liable for the information provided on the websites of other companies, even if the Buyer accesses these websites through the links in the Seller's e-shop.
16. Events beyond the control of the Seller
16.1 The Seller shall not be liable for the failure to fulfil or late fulfilment of the Agreement or any obligations under the Agreement, if such failure to fulfil or delay resulted from the events beyond the control of the Seller as defined in paragraph 16.2 of these Terms and Conditions.
16.2 An uncontrolled event by the Seller means any action or event that the Seller cannot reasonably control.
16.3 In case of an event uncontrolled by the Seller which affects the proper fulfilment of the Seller’s obligations under the Agreement:
(a) The Seller shall immediately inform the Buyer.
(b) The fulfilment of the Seller’s obligations under the Agreement shall be suspended and the deadline of the obligation fulfilment shall be extended for the duration of the events beyond the Seller’s control. If the events beyond the Seller’s control affect the delivery of the Goods to the Buyer, the Seller shall agree on the new delivery date after the end of the events beyond the Seller’s control.
17. Sending Information
17.1 The term “in writing” used in the Terms and Conditions also includes emails.
17.2 The Buyer, in order to contact the Seller in writing or in case the Buyer is obliged to contact the Seller in writing, shall send the Seller an email to [email protected] or a letter to the address of Lemona JSC. The Seller shall inform the Buyer in writing about the receipt of the notice (usually by email). For the purpose of withdrawal of the Agreement, the procedure of the Buyer’s application to the Seller is provided in Section 7 of these Terms and Conditions.
17.3 The Seller shall send all notices to the Buyer to the email address specified in the Buyer’s registration form.
18. Other Provisions
18.1 Any Agreement concluded between the Seller and the Buyer shall be subject to these Terms and Conditions together with the documents expressly stated therein. Any deviation from these Terms and Conditions shall be considered valid only if they are formalised in a written document.
18.2 In accordance with the legislation of the Republic of Estonia, the Buyer has certain rights related to the Goods of poor quality. Nothing in these Terms and Conditions should be interpreted as restricting or limiting the exercise of such rights.
18.3 The Seller shall have the right to assign his/her rights and obligations under the Agreement to a third party or parties, but such assignment of the rights and obligations shall have no effect on the rights of the Buyer and the Seller’s obligations under these Terms and Conditions. In the event of such a transfer, the Seller shall inform the Buyer by providing information on the assignment in the e-shop.
18.4 The Buyer is not entitled to transfer or give over all or a part of the rights and obligations under these Terms and Conditions to the third party or parties without a written consent of the Seller.
18.5 If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable by the court, other provisions of these Terms and Conditions shall remain in force and be fully effective. Any provision of these Terms and Conditions recognised as unlawful, invalid or unenforceable only partially or to a certain extent shall remain in force to the extent it has not been declared unlawful, invalid or unenforceable.
18.6 Unless otherwise provided in these Terms and Conditions, any delay of the Seller to exercise the right under this Agreement shall not constitute a waiver of the Customer’s obligation or this right, and a separate or partial fulfilment of any obligation, or a separate or partial exercise of any right shall not constitute a waiver of this obligation shall not mean that this obligation shall not be fulfilled or this right cannot be exercised further.
18.7 These Terms and Conditions and the relations between the parties under these Terms and Conditions (including issues related to the conclusion, validity, invalidity, implementation and termination of the Agreement) shall be governed by the laws of the Republic of Estonia and shall be interpreted in accordance with the laws of the Republic of Estonia.
18.8 Any dispute, disagreement or claim arising out of these Terms and Conditions or related to these Terms and Conditions, their violation, termination or validity shall be definitively resolved in accordance with the procedure set by legal acts of the Republic of Estonia .
18.9 The Buyer can submit requests or complaints regarding the Goods bought in the Seller’s e-shop at the online dispute resolution platform http://ec.europa.eu/odr/.