Rights and obligations of a consumer
Pursuant to the Consumer Protection Act, you, as a consumer, have the right to:
- demand and obtain goods and services which meet the requirements, are harmless to the life, health and property of the consumers, and are not prohibited from being owned or used;
- obtain necessary and truthful information on the goods and services offered in order to make an informed choice, and timely information on any risks relating to the goods or services;
- obtain information on consumer law and other issues relating to consumption;
- obtain advice and assistance if your rights are violated;
- demand compensation for any patrimonial or non-patrimonial damage caused to you;
- request that your interests be taken into account and that you be represented through consumers’ associations and federations in the decision-making process on consumer policy issues.
To ensure that these rights are respected, a number of legal acts have been adopted. For example, all goods must have labelling in Estonian and technically complex goods must have a manual in Estonian.
In the case of abnormal use of a product or service due to the lack of truthful information or any information at all provided by the trader or service provider, the seller must compensate for the damage caused to you. If deficiencies occur in the goods or service provision despite the correct use and maintenance thereof, immediately contact the trader or service provider to find a solution to the problem.
In order to facilitate the problem-solving process, keep the purchase documents (purchase receipt, contract, etc.) of goods or service proving that the purchase has been made from a particular store or service enterprise.
Do not forget that in addition to the rights, as a consumer, you also have obligations.
- Examine the product before its use. Always carefully read the user manual for the goods and take note of the maintenance symbols, so that you could use the item for its intended purpose and not to damage it by ignorance.
- If you are negligent yourself and do not follow the instructions, which leads to the spoilage or breakdown of the product, the seller and the manufacturer shall not be liable for what has happened and you are not entitled to the elimination of the defects free of charge, for instance.
- As a consumer, you have the obligation to properly use and maintain the product.
- Consumer’s liability arises in the case of the handling of the item in any other manner necessary for the verification of the nature and characteristics of the item.
- A consumer must examine and handle the goods only in a manner usually allowed at a store.
- If a consumer has handled the goods more than necessary for examination thereof, the trader may claim compensation from the consumer for a decrease in the value of the item.
Return of a defective product and submission of complaint
If you have normally used and properly maintained the goods purchased, but deficiencies in the goods will become evident, you have the right to file a complaint with the trader within two years from the date of purchase if it can be assumed that it is a manufacturing fault.
To submit a complaint, you need to find the purchase receipt of the item, contract or any other document certifying the purchase, and immediately contact the trader. You need to do this no later than two months from the discovery of the defect. If no action is taken upon an oral complaint, a written claim needs to be sent to email@example.com.
You may lodge a complaint in a free form, but make sure to include in the complaint your name and contact information, the date of submission of the complaint, the deficiency occurring in the goods and solution desirable by you.
Do not continue using the defective product, because in this way you may aggravate the defect.
In the event of a defective item, you have the right to demand from the trader, first of all, a free repair of the item or replacing it with a new item. Which option is more suitable will be agreed between the parties but, as a rule, the trader chooses himself whether he will replace the faulty item with a new item or repair it.
You may demand from the trader, for example, a reduction in the purchase price or termination of the contract and refund of the money paid for the goods if the seller is not able to or fails to repair or replace the goods, or the seller has not eliminated the defect in the goods within a reasonable time, or unnecessary inconvenience is being caused to you.
If the seller has reason to doubt whether the defect revealed in the goods is caused by a manufacturing fault or by you, the causes of the fault will be substantiated by experts. The obligation of substantiation of the causes of the defect lies on the seller in the first six months after the purchase, later substantiation is subject to agreement with the seller.
The trader must respond to your complaint in writing within 15 days.
If the trader does not respond, refuses to accept the complaint or if you do not agree with the solution proposed by the seller, you are entitled to lodge a complaint with the Consumer Protection Board.
If the case will not be resolved even then, you may file a complaint on the trader or service provider to the Consumer Complaints Committee of the Consumer Protection Board.
The Committee can begin to resolve the dispute if the value of the goods in question is 20 euros or more.
If you do not agree with the Committee’s decision, you can appeal to a county court. The counterparty may also do the same.
The expenditure relating to the elimination of the defect in the goods, such as postal, transport,
labour and material costs, shall be payable by the seller.
Refund of postal charges
- The trader assumes that a customer shall use the same or a cheaper way to return goods than to receive goods.
- If a customer exercises the right of withdrawal from the contract, the customer shall be entitled to refund, in addition to the price paid for the goods, of the postal charges paid for the delivery of the goods.
- If the customer has clearly opted-in to a manner of delivery different from the cheapest regular manner of delivery provided by the trader, the trader shall need not to refund the customer the cost exceeding the cost of the regular manner of delivery.
Right of withdrawal
- The right of withdrawal is valid within 14 days from the date of receipt of the goods or, in the case of a service, from the date of conclusion of the contract.
- The trader must return the customer the money for the goods and delivery costs within 14 days of the receipt of withdrawal notice.
- The customer must return the goods within 14 days from the submission of withdrawal notice.
- The trader may refuse to refund the money until the customer has returned the item or provided evidence that the item has been sent back.
- To withdraw from the contract, it is necessary to submit an application for withdrawal, the return of the goods alone is not sufficient.
- A withdrawal from the contract shall be evidenced by the customer.
The right of withdrawal does not apply to:
- such contracts which may not be withdrawn for the reasons of health protection or hygiene if the packaging has been opened (beverage bottles, underwear, yoga mats, socks);
- periodical publications and printed matter (magazines).
Sample instructions for withdrawal
Sample instructions for withdrawal from distance contract and contract concluded outside the business premises
Right of withdrawal
You have the right to withdraw from the contract in question without reasoning within 14 days.
The withdrawal period shall expire 14 days after the date on which you or a third person referred by you who is not a carrier of the goods has obtained the physical possession of the item.
For the exercise of the right of withdrawal, please inform us, Active Wear Baltic OÜ, Aruküla tee 38, Tartu 51013, Estonia, firstname.lastname@example.org, of your decision to withdraw from the contract in question by way of an unambiguous statement (e.g., letter sent electronically, by post or email). For this purpose, you can use the attached standard form for withdrawal, but it is not mandatory.
You may also fill in and submit the standard form for withdrawal or any other form of unambiguous statement electronically on our website at email@example.com. If you use this option, we will send you a confirmation of receipt of your withdrawal notice in a durable medium (for example, by email).
In order to meet the deadline for the exercise of the right of withdrawal, it is sufficient if you send the notice of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal from the contract
In the event of your withdrawal from the contract in question, we will refund you all the payments that we have received from you, including the delivery charges (except for the additional costs arising from the manner of delivery selected by you which is different from the regular cheapest manner of delivery provided by us), without delay, but no later than 14 days after the date on which we learn of your decision to withdraw from the contract in question. The refunds will be made using the same method of payment that you used to make the payment, except in the case where you have expressly given consent to use a different method of payment; in any case, it does not bring about service fees or any other charges relating to such refunds.
We may refuse to make refunds until we have received back the item being the object of the
contract, or until you have provided evidence that you have sent the item back, whichever occurs
Standard form of application for withdrawal
Regulation of the Minister of Justice no. 41 of 17 December 2013
Standard form of application to withdraw from distance contract and contract concluded outside the business premises.
(please fill in and return this form only if you wish to withdraw from the contract)
Customer’s personal information is used for the purpose of:
- making a personal discount
- in the case of claims/complaints – identification of the transaction concluded with customer
- sending out newsletters at customer’s request
- delivery of goods
Access to customer’s personal data shall have:
- the employees of Active Wear Baltic OÜ
- the company Art Media Agency OÜ offering IT support
- the administrator of inventory and accounting program Erply
- the employees of Omniva and Itella or any other logistics company
The data collected from customer:
- first name and surname
- email address
- phone number
- postal address
Region of trade
- The region of trade of Active Wear Baltic OÜ includes the Baltic States and Russia.
- Outside the Baltic States please contact the Lorna Jane’s local dealer. If there is no dealer in a given country, please contact us by email firstname.lastname@example.org
- There is no maintenance service available for the objects of the contract.