TERMS AND CONDITIONS
TERMS AND CONDITIONS OF USE
eDrinks.ee is an e-shop and shops primarily selling alcoholic beverages, where the Seller is OÜ eDrinks (registry code 12105537) (hereinafter referred to as “eDrinks.ee“). The Terms and Conditions of Use are the basis for sales transactions between eDrinks.ee and its Customers (hereinafter referred to as “Customer“ or “Customers”).
eDrinks.ee sells products to self-employed consumers as well as to business Customers who buy products for commercial purposes. Issues not specified in the Sales and Purchase and other written Agreements between eDrinks.ee and business clients shall be governed by the legislation of the Republic of Estonia and the European Union.
The Sales Agreement between eDrinks.ee and the Customer shall commence at the moment of the confirmation of the online order. Liability for defective deliveries, departmental or foreign trade restrictions is limited to cancellation of the order and refund.
eDrinks.ee sells products only to adult Customers. By making a purchase on eDrinks.com, You will confirm that You are at least 18 years old. Also, by making a purchase, You shall confirm that You own the credit cards or the bank account used for payment in the eDrinks.ee e-shop. The age of the Purchaser shall be verified at the time of delivery of the goods. eDrinks.ee may refuse to deliver the goods, if You cannot prove Your age upon receipt of the goods. In this case, You will not be refunded the Purchase price or postage of the goods paid. Upon receipt of the goods from the parcel terminal, You will have to confirm Your identity by Your ID-card.
eDrinks.ee reserves the right to restrict the sales of products, when ordering unusually large consignments. In the event that the ordered product is a custom-made, ordered, or processed product based on an order made by the Purchaser, any additional costs that may result from the cancellation of the order, will be fully refunded by the Purchaser.
eDrinks.ee reserves the right to alter the Terms and Conditions of Use unilaterally and without any prior notice. The Terms and Conditions of Use apply to the version of the order that is in effect. Subsequent orders are always subject to the version of the Terms and Conditions of Use in force at the time the order is placed. Except as otherwise provided by law, by way of exception, amendments to the law shall enter into force immediately.
These Terms and Conditions of Use shall apply to the extent, that they are without prejudice to consumer rights under consumer protection laws.
DELIVERY OF GOODS
eDrinks.ee shall deliver goods by courier only within Estonia.
The ordered goods shall be delivered to You via SmartPOST or Venipak courier within 2-4 working days after the payment has been received into eDrinks OÜ bank account.
If You choose a SmartPOST parcel machine for delivery, the goods shall be delivered to the SmartPOST parcel terminal of Your choice when placing Your order. You shall receive an SMS message with the parcel delivery code upon the arrival of the goods. If You do not pick up Your parcel within the timeframe set by SmartPOST, the Customer is to bear any and all costs that may emerge, associated with returning the parcel or storing it for a longer period.
NB! In addition to the code, You need to enter Your ID card in the SmartPOST parcel terminal.
Goods can be redeemed from the SmartPOST parcel terminal between 10 AM and 10 PM.
If You choose to the delivert by Venipak courier, the goods will be delivered to the address You specified when ordering. The exact time of delivery shall be agreed in advance by phone or by an e-mail. The goods shall be delivered from 10 AM to 5 PM on Mon-Fri (weekdays). It is necessary to present the identity document to the courier.
The Customer is responsible for providing correct personal information, address and contact phone when ordering the goods. eDrinks.ee and the courier company are not responsible for any delays and misunderstandings in the delivery of the goods, if the delay or misunderstanding is due to the errors or inaccuracy of the information provided by the Customer when placing the order. In case of any prior damage to the consignment, the time and cause of the damage must be documented in the presence of a representative of the courier company.
eDrinks.ee and the courier are responsible for ensuring that the goods arrive in their entirety, have a commercial appearance and are as described in the eDrinks.ee e-shop. If a defective or damaged product reaches you, it shall be replaced or its value shall be compensated financially. If you notice that the packaging is broken or wet, do not accept the parcel, but make a declaration to the courier and inform us by writing to firstname.lastname@example.org or by calling +372 553 1236.
NB! Special requests and other notes (eg phoneclock does not work, there is an aggressive dog in the yard, You are busy from 12 AM to 2 PM or someone else is accepting the goods for You, etc.), you can enter this in the info box. You shall find the info box if you have come so far during Your purchase itinerary that You need to enter your details when making a purchase.
RETURN OF GOODS
Pursuant to the legislation of the Republic of Estonia and the European Union, the Consumer's right of withdrawal and return shall not extend to alcoholic beverages.
If the goods are incorrect or defective, eDrinks.ee must be informed immediately upon receipt of the goods by e-mail to email@example.com or by calling +372 553 1236. eDrinks.ee shall bear the cost of replacement or return of the goods that are incorrect or defective.
CANCELLATION OF ORDERS
You can cancel Your order by contacting us at firstname.lastname@example.org or by calling +372 553 1236 prior to the removal of the goods from the storage. If the goods have already been dispatched from the storage by courier, it is not possible to cancel the order.
TERMS OF SALE OF CASKS
Purchase of draft beer / cider / wine shall incur a deposit of € 50, which will be refunded to the customer upon the return of the bottles. The casks may be returned to our eDrinks shop at 80 Pärnu str.
Equipment Rental Terms.
We only rent the equipment with casks dispatched by us.
GENERAL TERMS AND CONDITIONS OF EQUIPMENT RENTAL
1. General Provisions
1.1. Under this Rental Agreement (the "Agreement"), the Lessor will temporarily give into use for charge the Beer / Cider / Wine Barrel Equipment or a Beer Tap (hereinafter referred to as the "Rental Object") to the Lessee for consideration, subject to the intended purpose of the Rental Object and technical requirements specified by the factory and the Lessor.
1.2. The General Terms and Conditions of the hereby Agreement are accompanying the Special Terms and Conditions and constitute an integral part of this Agreement.
1.3. The Lessee shall undertake that he/she has been informed of the Terms and Conditions of the Agreement prior to signing it, understands and agrees with them.
1.4. The Lessee shall confirm, that all data provided by him/her to the Lessor are correct and valid.
1.5. The Lessee is not allowed to sublet the Rental Object.
2. Right of use of the Rental Object and its Execution
2.1. The Lessee has a right to intended use of the Rental Object within the agreed period of time set out in the Special Terms and Conditions, taking into consideration the following:
The Terms and Conditions and the restrictions provided for in the Agreement.
2.2. The Lessee shall undertake to monitor the technical maintenance of the Rental Object during the Rental Period. The above-mentioned maintenance shall include expenses arising from a regular operation of the Rental Object shall be borne by the Lessor.
2.3.The Lessor shall not be liable for any expenses that might emerge for the Lessee, related to an interruption of an event, deriving from a breakage of the Rental Object or its technical failure.
2.4. It is prohibited the Lessee from:
2.4.1. executing personally or order any third parties to execute any alterations to existing equipment within the Rental Object or installation of any parts or their replacement to the Rental Object, execute maintenance works; on his/her own initative;
2.4.2. utilising the Rental Object outside the Republic of Estonia.
3. Delivery of the Rental Object to the Lessee, its return to the Lessor and the Rental Fee
3.1. The Rental Object shall be transferred to the Lessee at the time and the location of the Lessor agreed between the Parties.
3.2. At the delivery of the Rental Object to the Lessee, the Lessee shall undertake to review the Rental Object. The Parties shall incorporate in to the Agreement all existing faults or defects at the moment of delivery of the Rental Object.
3.3. The Lessee shall undertake to return the Rental Object to the Lessor at the time and place agreed on between the Parties.
3.3.1. If the Lessee shall delay with the return of the Rental Object, he/she shall undertake to make all efforts within his/her power, to inform the Lessor of this fact duly. Upon the expiry of the return due date of the Rental Object agreed upon in this Agreement, the Lessee shall undetake to remunerate upon the return of the Rental Object the Rental Fee for each hour delayed by the return, as stated in the Price List set out by the Lessor (Late Fee).
3.3.2. Upon a belated payment of The Rental Fee (including the Late Fee) , the Lessee is to pay an interest of 0,2% of the overdue amount for each day of delay from the date on which the debt has incurred. Interest on late payment shall cease on the due date.
3.3.3. In case the Lessee does not return the Rental Object within the time agreed in the Agreement and has not informed the Lessor of any obstacles, the Lessor has the right to submit a statement to the law enforcement authorities of Estonia pursuant to § 215 of the Penal Code, that provides the liability obligation in the event of an arbitrary use of the Rental Object.
3.4. The Lessee is obliged to return the Rental Object to the Lessor in the same condition as the Rental Object has been transferred to the Lessee by the Lessor – in good working order and in integral conditions. If the Lessee does not return the Rental Object in good working order and in integral conditions, the Lessee shall bear all damage.
3.5. The Lessee undertakes to return the Rental Object clean. Upon returning the Rental Object unclean, the Lessee undertakes to pay the Lessor a service fee for the cleaning service at the rate specified in the Price List set out by the Lessor.
3.6. The Lessee shall be liable for the defects and damage emerging from the Rental Object, that have been incurred during the period of use of the Rental Object by the Lessee.
The time of occurrence of the defect shall be determined in accordance with Clauses 3.2. and 3.4 of this Agreement.
3.7. In the event of a defect in the return of the Rental Object not specified in Clause 3.2 of the Agreement, it is assumed that it has been incurred at the time the Lessee utilised the Rental Object. The Lessee can prove otherwise, if such a presumption shall be contrary to the nature of the defect.
4. Liability of the Parties
4.1. The Parties shall be liable for not performing their obligations. The provisions set out in the hereby part of this Agreement shall not exclude nor restrict the liability of the Parties upon other events deriving from the Agreement or law. The Parties shall be responsible for the failure to perform their obligations.
4.2. The Lessee shall be responsible for the maintenance, the damage caused to the Rental Object by the Lessee or any third parties and the damage caused by the Rental Object to any third parties during the period of use of the Rental Object by the Lessee. The Lessor has a right to compensate the respective damage to the third parties and present the respective claim against the Lessee.
4.3. For the purposes of this Agreement, the "Damage" shall be deemed to be all personal property, both for property and non-material damage (including value of lost or destroyed property, impairment of property, expenses incurred or to be incurred in connection with causing of loss, lost income, etc.), bearing all costs with all his/her personal property. Upon detention of the Rental Object by authorized persons conducting the investigation of a misdemeanor or crime, the Lessee shall undertake to pay the rent under this Agreement and is also responsible for the permanent fulfillment of other obligations set forth in the Agreement until the Lessee will have transferred the Rental Object to the Lessor's possession.
5. Commencement, validity, modifications, termination of the Agreement and settlement of disputes
5.1. The Agreement shall commence at the moment of the payment of the Rental Fee by the Lessee and shall be valid until the execution of all obligations provided for within this Agreement, except the cases provided for in this Agreement and law.
5.2. The Lessor shall have the right to unilaterally terminate this Agreement before the due date and request an immediate return of the Rental Object, if it emerges that the Lessee has provided false information to the Lessor upon entering into this Agreement, mislead the Lessor in any other manner, shall not execute the obligations of this Agreement, damages the Rental Object or shall put in danger the security of his/her own or of any other persons.
5.3. The Lessee may return the Rental Object prematurely, with no netting performed.
5.4. The Lessor shall have the right to unilaterally alter the General Terms and Conditions and the Price List.
5.5. If the Lessee does not comply with the Terms and Conditions to this Agreement, the Lessee may rely on the legal remedies provided by law.
5.6. Disputes between the parties shall be settled by negotiation or, if failing by doing this, at the Court of the Lessor's location.