Terms of Service
1. Definitions and interpretation
1.1. Agreement – these Terms and Conditions together with the Order form. Both the Terms and Conditions and the Order form are an integral part of the Agreement;
1.2. Client – any natural person whose capacity is not limited by court and who under the applicable law can conclude the Agreement;
1.3. Company – Sky Haldus Oü, legal entity code 12341947, Pärnu mnt. 22, Tallinn, 10141, Estonia;
1.4. Company representative – a person (employee) authorized by the Company, who provides all necessary information about the execution of the Agreement;
1.5. Courier – a representative (or a third party) of the Company who delivers purchased Goods to the address specified by the Client;
1.6. General Provisions – part of the Agreement, which sets out the rights and obligations of the Company and the Client in relation to the Goods indicated in the Order form, prices, general terms of payment and delivery, terms of conclusion and termination of the Agreement, dispute resolution procedures and other related issues;
1.7. Goods – products distributed by the Company, which it sells to the Client through the Website;
1.8. Order form – a form that lists the order placed on the Company's website, its associated terms, conditions, final price, quantity, terms and address of delivery, Company contacts, and other information related to a specific order;
1.9. Parties – the Company and the Client;
1.10. Website – www.theawesome.com.
2. Object of the Agreement
2.1. In accordance with the conditions and procedure established by this Agreement, the Company through the Website sells the Goods to the Client, which are specified in the Order form, and based on this Agreement provides the Client with the service of delivery of the Goods to the specified address;
2.3. The Agreement comes into force from the moment the Client, having properly completed all stages of the order, makes payment for the selected Goods, which are specified in the Order form.
3. Rights and obligations of the Company
3.1. Before entering into an Agreement with the Client, the Company undertakes to provide the Client with the information specified in Article 6 of Directive 2011/83/EU.
3.2. The Company ensures and guarantees that the quality of Goods complies with the health safety and quality requirements and other requirements stipulated in the relevant legal acts.
3.3. The Company undertakes to transfer the Goods ordered by the Client to a third party, which will be authorized to deliver the Goods to the address specified by the Client, under the conditions set out in this Agreement.
4. Rights and obligations of the Client
4.1. By placing an order, the Client confirms that he has the right to perform this action and is familiar with the provisions of the Agreement.
4.2. The Client undertakes to pay on time for the purchase of the Goods specified in the Order form.
4.3. Right to withdraw from the agreement. The Client has the right to withdraw from this Agreement within 30 (thirty) days without giving a reason. The Client notifies the withdrawal of the Agreement by submitting a clear statement stating his decision to withdraw from the Agreement.
4.4. A statement regarding the withdrawal from the Agreement must be sent by e-mail email@example.com.
4.5. After the withdrawal from the Agreement, the Client must return to the Company purchased and delivered Goods. The Client must cover the direct costs of returning the Goods. The Goods must be returned in a good quality and original packaging. Damaged goods will not be accepted by the Company.
4.6. When returning the Goods, the Client must provide the correct address (indicated on the Website) and pack the Goods so that they will not be damaged during shipping. The Company is not responsible for Goods that were sent by the Client in improper packaging, without specifying the address or specifying it incorrectly, as well as if the parcels were lost or damaged during the return.
4.7. Money for the Goods is returned immediately, but no later than 14 days from the day of returning the Goods to the Company. The money is returned in the same way that the Client paid for the Goods when purchasing them unless the Company and the Client agree on a different method of return.
5. Prices and payment
5.1. Prices and discounts of Goods are indicated in the relevant currency, including the amount of VAT applicable at the time according to legislation and other taxes, if they are applicable.
5.2. The Goods are subject to free delivery. The methods of delivery of the Goods are indicated at the time of purchase of the Goods when the order is formed.
5.3. If the shipment is sent outside the European Union, the Company is not responsible for any additional duties and taxes applicable to order. In this case, the Client undertakes to pay all taxes applicable during or after delivery, and these taxes are calculated each time individually according to the specific legislation of each country.
5.4. The Client undertakes to pay for the purchased Goods specified in the Order form in accordance with the instructions provided on the Website. Payment is made immediately when the Client selects the Goods and completes all the steps of the order, the last of which is the payment and confirmation.
5.6. The order of Goods is confirmed and starts to be executed immediately after receiving the payment.
6.1. When ordering Goods, the Client can choose one of the methods of delivery, specified at the time of purchase of the Goods, when the order is formed.
6.2. The Goods are delivered to the Client by post free of charge.
6.3. The Client undertakes to indicate the exact place of delivery of the Goods during the order. The Company or its authorized representative (Courier) delivers the Goods to the specified place. As applicable, if the Client is not at the specified place at the specified time, the delivery of the Goods is postponed to a date agreed upon by the Parties. In this case, the Client covers all delivery costs incurred by the Company or its authorized representative (Courier).
6.4. The Client undertakes to inform the Company as soon as possible about the change of delivery address. If this is impossible, the Client has no right to make any claims related to the delivery of the Goods to his original address. In exceptional cases, the delivery interval of the Goods may become longer than was specified due to unforeseen circumstances that the Company could not control and foresee at the time of order execution.
7. Validity and termination of the agreement
7.1. After the Client forms the Order form (shopping cart) in the electronic store and submits it to the Company for execution, these General Provisions and the Order form become an Agreement for the purchase and sale of Goods.
7.2. The Agreement is considered concluded from the moment when the Client, having selected the Goods to be purchased and formed the shopping cart, submits it to the Company for execution by pressing the "yes, complete my order" button or another button of similar unambiguous content that clearly expresses the Clients will purchase the selected Goods.
7.3. The Company reserves the right to unilaterally terminate the Agreement by notifying the Client in writing 30 (thirty) days in advance if the Client provides incorrect information that is of fundamental importance for the execution of this Agreement and/or there are suspicions of the Client's illegal activity.
8.2. The Client is responsible for illegal actions performed while using the Website.
9. Intellectual property
9.1. All trademarks, copyrights, database rights and other proprietary objects related to the Website are the intellectual property objects of and are owned by the Company. The structure, organization, and code of the Website and its related software, database and content contain valuable trade secrets and confidential information of the Company. This Agreement does not grant the Client any intellectual property rights whatsoever on the Website and its related software, database, content or trademarks and all rights to these intellectual property objects are reserved by the Company.
10. Force Majeure
10.1. The Parties are not obliged to fulfil the obligations of the Agreement if there are force majeure circumstances (storm, flood, earthquake, fire, war, car accident that occurred when the Company's representative was performing the obligations of the Agreement), national and local legal acts and decisions made by competent authorities that make it impossible for the Parties to fulfil the obligations of the Agreement and which could not reasonably be avoided, for example, an act issued by a competent authority establishing that access to a certain administrative unit (for example, a specific city district) is completely prohibited for a certain period (regardless of permits).
11. Final provisions
11.1. Any dispute, disagreement or claim arising out of and relating to this Agreement and its breach, termination and/or validity shall be settled by negotiation. If the Parties do not reach an agreement through negotiations, disputes are resolved in accordance with the procedure established by the legal acts.
11.2. Every Client can apply to an entity dealing with out-of-court consumer disputes in his country (the list of entities can be found here – https://ec.europa.eu/info/policies/consumers/consumer-protection-policy/our-partners-consumer-issues/national-consumer-bodies_en) or fill out the application form on the ODR platform (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).
11.3. The Agreement comes into force from the moment the Client submits the order for the purchase of Goods via electronic communications and makes payment for it.