Terms of Use & Privacy Policy

GENERAL TERMS AND CONDITIONS

• The terms and conditions of sale apply to the rights and obligations arising from the purchase of goods by the customers of the Fitpoint.ee online store (hereinafter the Customer) from FITPOINT SUPERFOOD OÜ (hereinafter Fitpoint.ee).
• When registering as a user of Fitpoint.ee and/or purchasing products from Fitpoint.ee, the terms and conditions of this contract and the rights and obligations arising from the laws of the Republic of Estonia apply.
• Fitpoint.ee reserves the right to make changes in the terms and conditions of sale and the selling prices. The said changes will be reflected on the Fitpoint.ee website.

ENTRY INTO FORCE OF THE CONTRACT OF SALE

• Fitpoint.ee sells and the Customer purchases the products offered at the online store.
• The contract of sale will enter into force when the amount to be paid according to the order confirmation has been credited to the current account of FITPOINT SUPERFOOD OÜ.
• When finalising an order and paying for the order at the Fitpoint.ee online store, the Customer will confirm that they have read and agree to the terms and conditions of sale.

PRICES

• All the prices at the Fitpoint.ee online store are given in euros and include 20% VAT.
• Fitpoint.ee reserves the right to adjust the prices. If the Customer placed an order before the price adjustment took effect, they will receive the product with the price reflected in the order at the moment the order is placed. The Customer is not entitled to claim compensation for the difference in price.

FINALISING THE ORDER AND PAYING FOR THE GOODS

• When paying for the order, the Customer can choose from the following payment methods: Swedbank, SEB Pank, LHV, Luminor, COOP Pank, Pocopay or credit card. The Customer will have to pay 100% of the cost of the order to confirm the order.
• The contract of sale is deemed to be concluded and the order is to be executed right after the Customer has paid 100% of the cost indicated in the order confirmation.

DELIVERY

• After the contract of sale has entered into force (the Customer has paid for the order), Fitpoint.ee will complete the order and hand it over to their logistics partners for delivery.
• The delivery times indicated on the Fitpoint.ee website apply from the moment the order is paid for.
• The Customer is obligated to inform Fitpoint.ee of any changes regarding the destination or agreed time of delivery immediately and before the goods are to be delivered.
• The accuracy of the contact information presented in the order determines whether delays and misunderstandings arise in the delivery of goods or not. Fitpoint.ee is not responsible for the delays and misunderstandings arising in the delivery of goods if they are caused as a result of the Customer presenting inaccurate contact information in the order.
• Fitpoint.ee will replace the products, but not the product packaging, that have been damaged during delivery. If the products are not replaceable, Fitpoint.ee will reimburse the Customer for the amount paid for the damaged products.

RIGHT TO RETURN

• Pursuant to subsection 56 (1) of the Law of Obligations Act, the Customer may withdraw from the contract within 14 days after receiving the goods.
• Returned goods must be unused, undamaged, and in their original packaging.
• The Customer must bear the cost of returning, unless the reason for returning is non-compliance with the order or defective goods.
• To return the goods, the Customer must send a free-form statement to the e-mail address [email protected] within 14 days after receiving the goods. The statement of withdrawal must include the name of the Customer, the name of the product, and the number of the invoice or the order.
• The money paid for the returned goods will be reimbursed to the customer immediately but no later than within 14 days after receiving the statement of withdrawal. In addition to that, the cost of delivery will also be reimbursed to the Customer.
• The online store shall respond to the consumer's complaint in writing or in a form that can be reproduced in writing within 14 days.

CLAIMS PROCEDURE

• Pursuant to the Law of Obligations Act, the Customer is entitled to make claims against the seller in case any lack of conformity of a product becomes apparent within two years as of the date of delivery of the product. It is presumed that any defect that becomes apparent within the first six months existed at the moment of the sale and, therefore, the nature of the defect is to be identified by the seller.
• If a product defect occurs, the Customer must inform Fitpoint.ee thereof by sending them an e-mail to [email protected] and include the following: their name, contact information, and a description of the product defect. The statement must be sent no later than two months after discovering the defect.

Fitpoint.ee is not responsible for:

• Damages caused to the product by the fault or negligence of the Customer;
• Defects caused by the misuse of the product by the Customer;
• Natural wear and tear of the product.

LIABILITY AND FORCE MAJEURE

• Fitpoint.ee is liable to the Customer and the Customer is liable to Fitpoint.ee for damages caused to the other party by violating these terms and conditions in cases and to the extent specified in the valid legislation of the Republic of Estonia.
• Fitpoint.ee is not liable to the Customer for the caused damages or the delay of the delivery of the product if the damages or the delay of the delivery of the product are caused by events that could not have been avoided or foreseen by Fitpoint.ee.

PRIVACY

• By using the Fitpoint.ee website, the Customer gives explicit and informed consent to the processing of their personal data by Fitpoint.ee.
• Fitpoint.ee uses the information provided by the Customer only to execute purchase orders and does not disclose them to third parties.

OTHER TERMS AND CONDITIONS

Disputes and disagreements arising from these terms and conditions are resolved by the parties through negotiations. If disputes and disagreements arising from the contract cannot be solved by the parties through negotiations, the Customer is entitled to turn to the Consumer Protection Board or court to protect their rights. Fitpoint.ee is entitled to turn to court to protect their rights.

The data controller for the Fitpoint.ee online shop is FITPOINT SUPERFOOD OÜ, registry code: 14279282, telephone: +372 600 30 40 ja e-mail [email protected] (hereinafter the merchant).

What personal data are processed

• name;
• contact information such as a telephone number and an e-mail address;
• payer’s address and delivery address;
• bank account number;
• costs of goods and services and data related to payments (purchase history);
• customer support details;
• other information related to customer surveys and/or offers.

For what purpose personal data are processed

Personal data are processed for the purposes of the performance of the contract concluded with the customer. Personal data are processed for the performance of legal obligations (for example, accounting and the resolution of consumer disputes).

Personal data are used for managing the customer’s orders and delivering the goods.

Purchase history data (purchase date, goods, quantity, customer data) are used for preparing an overview of goods and services purchased and for analysing customer preferences.

The bank account number is used to refund payments to the customer.

Personal data such as e-mail address, telephone number and customer name are processed in order to resolve any issues related to the provision of goods or services (customer support).

The IP address or other online identifiers of the user of the online shop are processed for the provision of the online shop as an information society service and for the compilation of Internet use statistics.

Transmission of personal data to authorised processors

The merchant keeps secret the customer’s personal data that have become known to it in the course of the registration and use of the user account and publishes them to third parties only with the customer’s consent, except where the obligation or entitlement to publish the data results from legislation. The user of the online shop accepts that, in order to provide the customer with suitable services, the merchant is entitled to process their data, including the transmission of the customer’s data to parties related to the provision of a service for the customer by the merchant. List of authorised processors:

Suppliers - To send orders to the customer:

• DPD
• Itella
• Omniva
• Venipak

Payment service providers - to pay for orders:

• Paysera
• Swedbank
• SEB
• Luminor
• LHV
• Coop
• Maksekeskus
• PayPal
• Pocopay

Collecting statistics - collecting information for better e-shop user experience:

• Google Analytics
• Facebook
• Mailchimp

Security and access to data

Personal data are stored on the servers of Zone located within the territory of a Member State of the European Union or of a country that has acceded to the European Economic Area. Data may be transmitted to countries where the European Commission has estimated the level of data protection to be sufficient or to companies in the United States that have signed up for the Privacy Shield framework.

The online shop takes appropriate physical, organisational and information technology security measures in order to protect personal data against accidental or unlawful destruction, loss, modification or unauthorised access or disclosure.

Transmission of personal data to the authorised processors of the online shop – personal data are processed under the contract concluded between the online shop and the authorised processor. The authorised processors are required to ensure appropriate safeguards during the processing of personal data.

Inspection and amendment of personal data

Personal data recorded in the online shop may be inspected or amended via the online shop account management. If a purchase has been made in the capacity of a visitor (without a user account), a query about personal data may be submitted using the email [email protected]. 

Retention

When a customer account is closed in the online shop, any personal data are deleted, except where such data need to be retained for accounting or the resolution of consumer disputes.

If a purchase has been made in the online shop in the capacity of a visitor (without a user account), the individual purchase history will be retained for 1 year.

In the event of disputes related to payments or consumer disputes, personal data are retained until the settlement of the claim or until the expiry of the limitation period (three years).

Personal data needed for accounting are retained for seven years.

Deletion

Personal data recorded in the online shop along with the user account may be deleted via email query [email protected].

Direct marketing messages

An e-mail address or a telephone number is used for the transmission of direct marketing messages if the customer has provided the relevant consent. If the customer does not wish to receive direct marketing messages, the relevant link has to be selected in the e-mail header or customer support has to be contacted.

If personal data are processed for the purposes of direct marketing (profiling), the customer is entitled to submit objections in relation to the initial or subsequent processing of their personal data, including the preparation of a profile analysis related to direct marketing, at any time by notifying customer support thereof via email.

Resolution of disputes

Disputes related to the processing of personal data are resolved through customer support (contact information for the merchant’s customer support). The supervisory authority is the Estonian Data Protection Inspectorate ([email protected]).