The conditions of sale of Hawaii Express web store
Validity of conditions of sale
The conditions of sale are valid between the buyer at the Hawaii.ee web store (hereafter referred to as the 'consumer') and the trader OÜ Hawaii Express, address Pirita tee 102, Tallinn 12011, reg. nr 10027017 (hereafter referred to as the 'web store') for the purchase of goods and services.
In addition to these terms and conditions, legal relationships arising from the purchase of products from the Hawaii.ee web store are regulated by the Law of Obligations Act (LOA), the Consumer Protection Act (CPA) and other legislation applicable in the Republic of Estonia.
The Hawaii.ee web store reserves the right to change the conditions of sale. These changes will be made available on the web page www.hawaii.ee
All prices at the Hawaii.ee web store include a value added tax of 20%.
If the delivery destination is any of Hawaii Express’s store or any other Hawaii Express’s partner’s store (see contacts), there will be no additional charge for transport.
An additional charge for transport is added to purchases that total below 50 EUR according to the delivery method chosen by the consumer. (SmartPost; Omniva; DPD courier service). All purchases over 50 EUR (except bikes) are free of charge of transport (in the territory of Estonia). If the buyer chooses transport of bike by courier service, additional charge of transport will be added. In this case the received bike is pre-assembled and packed into a carton box. Final assembly needs to be done by the buyer. Final assembly includes installation of handlebar, seat post with saddle, front wheel and pedals.
Prices are valid from the date of placing an order until the expiry of the payment date of the order (3 days after placing the order).
If the order was placed prior to a change in the conditions of sale or in prices, the legal relationship between the consumer and Hawaii Express OÜ will be governed by the terms and conditions that are applied during the time of placing the order.
The Hawaii.ee web store reserves the right to make changes in sales prices. These changes will be made available on the web page www.hawaii.ee
Placing an order
Add the desired products to your shopping cart.
To place an order, first click on the 'Place an order' link on the shopping cart page.
Then choose whether you wish to place a single order or order as a regular customer (if the web store has a corresponding section).
Fill in the required information fields on the checkout page, select a suitable delivery method and click on the 'Order with payment obligation' link. You will then see an invoice, which you can conveniently pay via a bank link (Swedbank, SEB, Sampo, Nordea, etc.) or through other bank payment methods such as a euro payment. The details for making a euro payment inclusive of all effective national taxes and additional fees can be found on the invoice displayed after you have confirmed your order.
Fill in the fields on the information and order confirmation pages carefully, as the accuracy and correctness of the data submitted affects the fast and smooth delivery of your purchases and the subsequent settlement of potential disputes and complaints.
Orders placed via the web store are processed on workdays (M–F 10:00 – 17:00). Orders placed later than at 14:00 on Friday will be processed the following Monday. This also applies to the 'Pick up the order myself’ delivery option.
Entry into force of the contract of sale
With the contract of sale, the Hawaii.ee web store undertakes to deliver to the consumer available and soon-to-be-produced goods as well as the goods that the Hawaii.ee web store will obtain in the future and to transfer their ownership to the consumer, whereas the consumer undertakes to pay to the Hawaii.ee web store for the goods in the amount indicated on the invoice and to accept the goods.
Orders that have not been paid for will be cancelled 4 days after placing the order.
The contract of sale enters into force after the receipt of the payment made by the consumer on the bank account of the Hawaii.ee web store.
After the entry into force of the contract of sale the Hawaii.ee web store assembles the order and hands it over to the company's logistics partners for delivery.
Delivery times indicated on the web store's website apply from the moment the web store receives the payment for the order on its bank account.
In order to avoid delivery delays, the order forms have to be filled in carefully and the delivery information submitted should be accurate and valid.
The Hawaii.ee web store is not responsible for a delay in delivery if the goods were handed over to the logistics partners on time, but the delivery was delayed due to circumstances that the Hawaii.ee web store could not foresee or control.
After receiving an order, the consumer has the right to withdraw from the contract entered into at the web store within 14 days. In order to return goods, the consumer has to submit a request for withdrawal from the purchase of goods and its standard form can be found on the website of the Hawaii.ee web store and send it to e-mail address of Hawaii.ee web store firstname.lastname@example.org no later than within 14 days of the receipt of the product. The reason of withdrawal is also recommended.
The invoice of the purchase must be added to the request of withdrawal. The product must be returned in original package, package and product must be without any damages.
If the condition of the product to be returned has deteriorated, the consumer is responsible for the decreased value of the object due to its use only if the product has been used in any other way than is needed to verify its nature, qualities and proper functioning. To verify the object's nature, qualities and proper functioning, the consumer should treat and use the object only in the manner that would be generally allowed in a store.
The consumer has to return the goods within 14 days following the submission of the request for withdrawal or provide evidence that they have given the goods to the logistics company within the mentioned period. Returning the goods via the logistics company, the consumer takes the responsibility to pack the product properly, according to the logistics company requirements.
The client does not have to return goods via the logistics company if the Hawaii.ee web store has agreed to return the goods to any of Hawaii Express’s stores.
If the consumer withdraws from the contract within 14 days of receipt of goods, the consumer bears all costs of postage when returning the product.
After receiving the request for withdrawal the Hawaii.ee web store will promptly – no later than within 14 days – refund all the fees received from the consumer under the contract, including the transport fees paid by the consumer; however if the consumer has explicitly chosen a delivery method that differs from the cheapest option offered by the seller, the web store is not required to reimburse the cost that exceeds the costs arising from the regular method of delivery.
The Hawaii.ee web store is not liable for the damage caused to the consumer or for delivery delays if the damage or delay is caused by circumstances that the Hawaii.ee web store could not foresee or control.
Processing of personal data
By entering their data at the web store and with a corresponding consent, the consumer agrees with the collection and processing of their personal data (name, phone number, delivery and/or home address, e-mail address) and the transfer of their personal data to the logistics partners for the delivery of goods.
The Hawaii.ee web store has the right to use the consumer's residence or other address for advertisements and other information to the consumer.
The consumer has the right to forbid the collection and use of their personal data at any time, except where this is necessary for the collection of a contractual claim or for the delivery of goods.
Electronic personal data are used for direct mail only if the consumer has given a separate consent for this on the Hawaii Express website www.hawaii.ee
Encrypted communication with banks during the payment of goods ensures the security of the consumer's personal bank details and makes them inaccessible for the web store itself.
The Hawaii.ee web store is responsible for the non-compliance or deficiencies of the goods sold to the consumer that occur within two years from their delivery to the consumer.
If deficiencies occur, the consumer has the right to turn to the Hawaii.ee web store within two months by providing the invoice of the purchase.
We urge you to stop using the product when non-compliance or deficiencies occur.
The repair or replacement of defective goods shall be agreed between the Hawaii.ee web store and the consumer. Costs of repair are covered by the Hawaii.ee web store.
The Hawaii.ee web store does not assume liability for defects that arose through the consumer's fault, either due to improper storage or non-intended use.
Should the product exhibit non-compliance or deficiencies, e-mail your complaint to email@example.com , and include the name of the person who placed the order, phone number, order code, and the exact description of the product's non-compliance or deficiency.
Complaints about the non-compliance or deficiencies of the product have to be submitted within two months of detecting the non-compliance or deficiencies.
All complaints are reviewed and consumers are contacted as soon as possible, but no later than 14 days from the date of receiving the complaint.
The consumer has the right to request a reduction of the sales price or a termination of the contract and a refund for the goods from the Hawaii.ee web store, if the Hawaii.ee web store is not able to repair or replace the product, it fails to repair or replacement the product, Hawaii.ee web store has not eliminated the defect within a reasonable time frame, or it has caused unreasonable inconveniences to the consumer.
Consumers have the right to appeal to the Consumer Complaints Commission.
If the web store has refused to settle a complaint from the consumer or the consumer does not agree with the solution proposed by the web store and finds that their rights have been violated or interests damaged, the consumer may file a complaint with the Consumer Complaints Commission through the Consumer Protection Board or turn to the court. Consumers can file complaints themselves or through a representative. Information about the Consumer Protection Commission can be found on the website of the Consumer Protection Board. For the settlement of problems arising in the Member States of the European Union, contact the European Consumer Centre.