HÕBE EESTI OÜ
TERMS AND CONDITIONS

THE TERMS AND CONDITIONS OF PROCESSING ORDERS MADE VIA INTERNET WEBSITE WWW.HOBE.EE

The Internet domain www.hobe.ee that enables placing and receiving orders is a property of Hõbe Eesti Oü located at Põhja pst 25, 10415 Tallinn, Estonia with a registered VAT number EE101743884.

§1. DEFINITIONS

Order realization time - The time in which the order placed by the Customer should be processed and sent to the indicated address. The order time does not include the time when the Online Store is waiting for the payment made by the Customer and does not include the delivery time. The order realization time begins when the payment is made by the customer and ends with the sending of the parcel.

Working days - days of a week from Monday to Friday with the exclusion of public holidays

Password - a unique sequence of signs (letters and numbers) chosen by the Customer, which Customer assorts to his login in the Online Store system. The password is confidential and the Customer should not disclose it to other parties.

Customer - a registered user of the Online Store whose order has been accepted for realization.

Shopping Cart - an Online Store feature where the Customer provides the details (chosen products, billing address, shipping address, type of delivery, type of payment, etc.) needed for completing the order.

Shipping Fees - all required fees paid for a delivery of the goods ordered by the Customer who placed the order

Login - a unique, personal identifier of a Customer in the Online Store - a sequence of signs (letters and numbers) attributed to the Customer

Newsletter - a subscribed trade bulletin from Hõbe Eesti Oü with information regarding the company, new offers, discounts and sales and loyalty programmes.

Authorized person - A Customer or a person designated by the Customer, who is authorized to pick up the order made by the Customer and to carry out all the necessary proceedings and who has been granted all rights of the Customer except the right to withdraw from an agreement and rights related to Hõbe Eesti Oü responsibility for the conformity of goods with the contract (as well as rights related to the warranty if such has been issued).

Online Store - an online platform that enables placing orders for the goods on website: www.hobe.ee
The orders - after being accepted - will be realized by  Hõbe Eesti Oü

Product - the goods which can be ordered in the Online store

Hõbe Eesti Oü - Hõbe Eesti Oü company, located in Tallinn (Põhja pst 25, 10415 Tallinn), registered at Estonian Company Register under the number 12720716 with VAT registration number  EE101743884.

§2. GENERAL INFORMATIONS

1. These Terms and Conditions define how the online store operates and give an outline of the customer's rights and responsibilities. The Terms and Conditions give the sole definition of the customer's rights and responsibilities.

2. In the specified instances - e.g. when preparing a sales offer - the seller may introduce different terms of sale than stated below in the Terms and Condions. The customer will be informed about it before placing the order.

3. The Online Store enables purchasing the goods.

4. The owner of the Online Store and the seller of the goods is Hõbe Eesti Oü company. Reproduction, without written permission, in whole or in part of the website content (articles, descriptions, pictures and photos of products and certificates, images) and unique technical solutions used in Online Store, is prohibited. Being the user of the online platform does not grant the customer any rights to the Online Store intellectual property nor to any content displayed on the store's website. Infringement of Online Store's intellectual property is strictly prohibited.

5. Any actions that may result in obstruction or destabilisation of the Online Store's operational capabilities are strictly prohibited. Should such malicious activity from the Customer be discovered, his account will be blocked immediately. The operator will take every possible legal action to fix the damages. The abovementioned actions of the Customer can be considered a crime, in accordance to the articles from penal code.

6. The Customer is oblidged to use the Online Store according to the existing laws, social conventions and norms, these Terms and Conditions and principles of netiquette, especially:

• not violating in any way the rights of other Customers and users of the Online store
• keeping up to date with potential changes in the Terms and Conditions
• not transfering the right to use the Online Store onto third party
• not posing as another person
• keeping the correspondence with the representatives of Hõbe Eesti Oü company confidentional
• not attempting to acquire logins and passwords of other Customers
• not attempting to create: a login with the words considered offensive or rude, a login that is fully or partially related to registered trademarks or elements protected by law to which the Customer does not have rights, a login that can be misleading to other Customers, especially due to its similarity to names used by the operator for the purposes of contacting customers and providing customer service
• using the Online Store tools in accordance to their purpose

§3. CONDITIONS FOR PLACING THE ORDERS

1. The only people authorized to place the orders for the goods are the Customers, i.e. people who are registered users of the Online Store. The status of a registered user of the Online Store can be acquired upon completing all belowmentioned procedures:
a) completing registration process in the Online Store
b) activating account with the link sent to the email address of the Customer
c) logging into the Online Store account with the Login and Password

2. Customers are obliged to keep the data required for placing the orders in the Online Store accordingly to the safety procedures thus preventing a potential disclousure to the third parties. The Online Store doesn't take any responsibility for the orders placed by a person unauthorized to use the Customer's personal details and the Customer's personal account registered in the Online Store.

3. The Online Store is one of many Hõbe Eesti Oü means of communication with its customers, therefore not all goods presented on the Online Store's website may be available for purchasing via the Internet. Presentation of the goods on the Online Store's website does not oblige Hõbe Eesti Oü to sell those goods. Entering into trade contract with Hõbe Eesti Oü requires first the Customer to place the order and then Hõbe Eesti Oü to verify the availability of the products and then to formally accept the order. Some goods may be - at any time - removed from the Online Store offer or made temporarily unavailable. In regard to some of the products Hõbe Eesti Oü reserves itself the right to prolong the time of order realization (the estimated realization time is always given in the item description).

4. The Customer places the order, after logging into his account in the Online Store, by adding the item presented in the Online Store to the Basket a then confirming the order for the item by clicking the icon "place the order". The order verification made by Hõbe Eesti Oü is sent to the Customer's email address together with additional information regarding the order.

5. The Online Store platform is available to the customers with:

a) an electronic device with Internet access
b) broadband Internet connection
c) Internet browser Firefox, Safari, Google Chrome or IE (version 5.5 or higher)
d) active email address

6. Placing the orders in the Online Store is possible 24/7 every day in the year. The orders' realization however occurs during Hõbe Eesti Oü working hours.

7. A wish to purchase items from a different year of mintage than the one shown in the Online Store, should be stated in advance in the written form. Without such statement, a delivery of a product with different year of mintage shall not be eligible for any kind of complaint.

8. Hõbe Eesti Oü reserves itself the right to additional verification of the Customer's personal details, e.g. over the phone.

9. Making a purchase in the Online Store is tantamount to accepting these Terms and Conditions.

§4. PRICING AND PAYMENTS

1. The prices listed in the Online Store are binding and non-negotiable. Hõbe Eesti Oü reserves itself the right to change the price or decline the order in case the listed price was clearly a result of a mistake.
2. The Customer can make the payment with:
a) a bank wire transfer to the given bank account

3. The condition under which the order is accepted to realization is a finalized payment for the ordered goods.
4. Hõbe Eesti Oü reservers itself the ownership right to the goods until the payment for the goods is received.
5. Hõbe Eesti Oü delivers the goods to the Customer together with the sale document such as a receipt or sales invoice if the customer requested it upon placing the order and provided all the necessary details for issuing it. Sale document confirms the contents of the placed order.
6. Shipping costs are added to the price of the order placed by the Customer. Shipping costs are paid by the Customer.
7. The binding price is the price from the day of placing the order.

§5. SHIPPING AND DELIVERY

 
1. The estimated order realization time for the goods ordered in the Online Store is given in the description of every item. The order realization time starts from the moment when the order confirmation is sent to the Customer. When sending the order confirmation to the Customer, the Online Store can inform the Customer about the expected wait for the delivery. The shipping conditions and delivery details can be found on the Online Store's website.

2. Hõbe Eesti Oü  reserves itself the right to prolong the delivery time if the delay is caused by factors beyond Hõbe Eesti Oü control.

3. As a form of delivery the Customer can choose:
a) delivery to the address specified by the customer upon placing the order
b) personal collection from the Online Store's office
c) collection by the authorized third party at the address specified by the Customer

4. If the Customer decides on a delivery to the authorized third party's address, the order must be paid before the dispatch of the goods to the Customer. This form of delivery does not grant the third party any rights or claims in regard to Hõbe Eesti Oü . The Customer accepts that with such delivery form, the goods will be handed over only to the person authorized by the Customer.

5. All orders that were paid by the Customer will be released only to the Customer himself/herself or to the authorized (upon placing the order) third party.

6. If the Customer chooses a delivery to the third party's address and does not receive the package from the said third party, the Customer cannot make any claims against Hõbe Eesti Oü .

7. The delivery of the parcel with the ordered goods to the address specified by the Customer will be realized by the freight companies in accordance to their terms and conditions. Upon placing the order and deciding on delivery type the Customer accepts terms and conditions for the services of those companies. All changes in Hõbe Eesti Oü choice of transportation services provider will be updated on the Online Store's website.

8. While placing the order the customer accepts that there will be three attempts to deliver his parcel. After the third unsucessful attempt at delivery the parcel will be shipped back to Hõbe Eesti Oü . The customer will be informed that the package returned to Hõbe Eesti Oü with the message sent to his specified (in the Customer's account details) email address.

§6. CANCELLATION POLICY AND WITHDRAWAL FROM THE AGREEMENT

 
1. The seller reserves itself the right to decline realization of the order for important reasons. In such case the full amount paid by the Customer for the order will be returned to the Customer within 7 working days. The Customer will be immedately informed about the order refusal.
2. The prices listed in the Online Store include VAT and are expressed in EUR, USD and GBP.
3. Right to cancel:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (Hõbe Eesti OÜ, Põhja pst 25, 10415 Tallinn, Estonia, VAT number EE101743884, phone +00 372 5828 1504) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristicsband functioning of the goods.

The right to cancel does not apply to the following kind of contracts: The supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period (e.g. precious metals: silver, gold, platinum, palladium).

4. In case of a return or cancellation of a placed and paid order for the precious metals, the refund will be calculated according to the current metal spot price (expressed in USD and available online on the website www.kitco.com). The refund's amount will be changed to the currency of purchase according to the official currency exchange ratio from the day when Hõbe Eesti Oü receives the Customer's declaration of the withdrawal from the trade agreement. The 2% deduction of the refund's value will be applied (transaction costs).  
5. Clicking the button "Place the order" is equivalent to accepting the Terms and Conditions and therefore initializing the order realization procedure. After this operation no cancellation of the order realization is possible. We advise you to place your orders cautiously.

§7. COMPLAINTS

 
1. The Customer - who is a consumer and who aquires the goods with a purpose not related to his business activity - has all rights related to the sellers responsibility for conformity of the goods with the contract.
2. All complaints in regard to nonconformity of the goods with the contract should be sent to the address: Online Store Hõbe Eesti Oü, Põhja pst 25, 10415 Tallinn, Estonia.
3. Hõbe Eesti Oü will respond to the Customer's complaint within 2 weeks from the date of its receiving. Hõbe Eesti Oü will contact the Customer by phone, email or mail.
4. Complaints regarding the differences in the look of the ordered products and the received products that may be a result of differences in the Customer's screen settings, especially the difference in colour and tone of precious metals, are not sunject to any indemnity claims or returns.
5. In case of a legitimate complain the damaged product will be replaced with a product of full value or if it is impossible Hõbe Eesti Oü will offer the Customer a different product available in the online store or will return the Customer's money.
6. The Customer's costs of shipping the returned goods back to Hõbe Eesti Oü will be refunded with the bank transfer immediately after a positive verification of the claim.
7. The basis for verification of the complaint is the proof of purchase (receipt or invoice).

§8. NEWSLETTER

 
1. The Customer can subscribe to the Online Store's Newsletter. Newsletter will be sent to the email address given by the Customer. Upon subscribing to the Newsletter the Customer therefore certifies that he is authorized to use the email address where the information is to be sent.
2. The Customer is allowed to unsubscribe to the Online Store's Newsletter at any time.
 

§9. PRIVACY STATEMENT

 
1. The Customer, upon registering in the Online Store, permits Hõbe Eesti Oü to collect and process Customer's personal data. The data is collected in accordance to applicable law regarding protection of personal information and is gathered solely for the purpose of order completion.
2. The Customer can agree to receive commercial and marketing information from Hõbe Eesti Oü (i.a. with means of electronic communication).
3. The Customer has the right to access the personal data he provided upon registering as well as to correct it, change it or request its deletion.

§10. FINAL PROVISIONS

 
1. Hõbe Eesti Oü disclaims any liablity or responsibility for the email messages not reaching the Customer - due to the email hosting servers administrators blocking the messages sent to the Customer's email address or said messages being blocked or deleted by the software installed on the Customer's computer.
2. Hõbe Eesti Oü is not liable for any damages incurred due to the temporal unavailability of the Online Store or its malfunction, errors, interferences, defects, lags, computer viruses or line or system breakdowns. In particular, Hõbe Eesti Oü does not hold any responsibility for the technical malfunctions of electronic mailbox which might be a result of problems with the telecommunication services provider or stem from inappropriate technical parameters of the Customer's eletronic device.
3. The customer is solely liable for any corollary of placing the order improperly or not in compliance with the Terms and Conditions, of erroneous personal details stated in the registration form and erroneous billing or shipping address given.
4. The differences in product presentation on the website are due to personal settings of the user's computer (specifically, colour and proportions) and cannot be the basis for any complaint or return of the goods purchased in the Online Store.
5. To all cases unregulated by these Terms and Conditions, Civil Code regulations apply, as well as the regulations from the Special Conditions for the Consumer Sale Act and the changes in the Civil Code and the Customers' Rights Protection Act and regulations regarding the responsibility for the damage incurred from a dangerous product.
6. All names of the products offered for sale in the Online Store are used for identification purposes and may be protected and reserved in accordance to the regulations from Industrial Property Rights Act.
7. Hõbe Eesti Oü reserves itself the right to withdraw any product from the offer.
8. Hõbe Eesti Oü reserves itself the right to temporarily suspend or block and even fully delete the Customer's account in substanciated cases, e.g. should he break Online Store's Terms and Conditions.
9. Hõbe Eesti Oü reserves itself the right to change these Terms and Conditions. Changes in the Terms and Conditons will be published on the Online Store's website.
10. The photos presented on the www.hobe.ee website are for demostrative purposes only and cannot be the basis for any claim.