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. (Omniva; DPD courier service). All purchases over 50 EUR (except bikes) are free of charge of transport to parcel machine. (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, LHV, 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 time 1-7 working days (average 3).
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.
14 day return policy does not apply to products, which can not be returned due to hygenic or health reasons (for example cosmetics, underwear, boxers, sports underwear, leggings, swimwear, masks, skimasks etc).
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 (excluding Narva).
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. Consumer can only change product one time after receiving the goods. Products which are already changed (size, color) can not be changed again.
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
The controller of personal data is Hawaii Express OÜ, Harju County, Tallinn, Pirita district, Pirita tee 102, 12011, email@example.com
PURPOSE AND LEGAL BASIS OF PROCESSING PERSONAL DATA
The legal basis derives from Article 6 of the GDPR, and it is consent (paragraph 1 p a), execution of the contract, and taking measures prior to the conclusion of the contract (paragraph 1 p b). By entering data in the web store and with the corresponding confirmation, the Consumer grants the right to collect and process the Consumer's personal data (name, contact phone, parcel delivery and/or home address, e-mail address) and forward the personal data to the logistics partner for delivery.
If the Consumer does not provide personal data to complete the transaction, this means the absence of a declaration of intent to complete the transaction, and the transaction will not be concluded. If the Consumer does not provide personal data for the delivery of the goods, the goods will not be delivered, and the Consumer must physically pick up the goods themselves.
The Consumer has the right to withdraw the given consent at any time by informing about it by e-mail to firstname.lastname@example.org.
DATA STORAGE PERIOD
Personal data is stored keeping in mind possible deadlines for filing claims arising from civil law transactions, including taking into account possible claims for delivery of goods, compliance with their quality, and possible crimes committed. When determining this deadline, Hawaii Express is based on the wording of the rationale provided in the summary of the monitoring prepared by DPI "Complying with the requirements of the Personal Data Protection Act in instant loan offices" (located here) Given the possibility that the obligations may have been willfully breached, Hawaii Express uses a 10-year statute of limitations for outstanding obligations. In order not to place persons who have fulfilled the obligation in an unequal situation (insofar as § 11 (7) point 4 of the Personal Data Protection Act allows data to be published within three years after the fulfillment of the claim), in the situation where the obligation is unfulfilled, but expired, Hawaii Express bases its determination of the maximum period of disclosure, taking into account the principle of proportionality, 13 years from the time the claim becomes due. When claims are collected through the court, the limitation period for the claim starts from the entry into force of the judgment. Pursuant to § 157 of the General Part of the Civil Code Act, the statute of limitations for a claim recognized by a judgment is ten years, which starts from the entry into force of the judgment or the issuance of another enforcement document, but not before the claim becomes enforceable.
PROHIBITION OF USE, CORRECTION, OR DELETION OF PERSONAL DATA
The Consumer shall have the right at any time to prohibit the collection and use of their personal information except to the extent required to recover a claim under the contract or to deliver the goods. The Consumer has the right to request access to the data and demand their correction or deletion. In case of the existence of such a wish, it must be reported by e-mail to email@example.com
The use of electronic personal data for direct mail takes place only if the Consumer has given separate consent for this on the website www.hawaii.ee under their account settings.
When making purchases with encrypted data communication banks, the Consumer ensures the security of their personal bank identifiers, and HJ Web Store does not have access to them.
FILING OF COMPLAINTS
The data subject would have the right to submit a complaint against the data processor to the Data Protection Inspectorate ☎ 627 4135; ✉ firstname.lastname@example.org.
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.