1. General Terms and Conditions
1.1 The owner of the online store TOHI POOD (hereinafter online store) is TOHI Distillery OÜ (10809168), located at Viljandi mnt 43, Kohila 10135, which sells products manufactured and brokered by TOHI Distillery OÜ (hereinafter products).
1.2 The Terms and Conditions apply to legal relations arising between the customer (hereinafter the customer) and the owner of the shopping environment TOHI Distillery OÜ (hereinafter the seller) located at the Internet address www.tohigin.com in connection with the purchase of products from the online store. In addition to these terms and conditions, the legal relations arising from the purchase of products from the online store are regulated by the legislation in force in the Republic of Estonia.
1.3 The Seller may change the terms of use of the online store and the prices of products and services. The seller announces the changes on the website www.tohigin.com. The conditions and prices valid at the time of the transaction are applied to the transaction.
2. Prices
2.1 All prices displayed in the online store are in euros and include VAT.
3. Products
3.1 The products displayed in the online store are usually in stock. Product availability is not guaranteed as it may be erroneous due to possible technical issues with the programs.
3.2 If the customer places an order but it turns out that the seller does not have this product, the online store will not be able to fulfill this order. In this case, the full purchase amount will be refunded to the customer as soon as the missing product is found out.
3.3 The photographs of the products displayed in the online store are for illustrative purposes only and may differ slightly or unintentionally from the actual appearance of the product.
4. Make a purchase
4.1 To order the goods, you must add the desired products to the shopping cart.
4.2 The required data fields must be filled in in order to place an order.
4.3 The screen will then show the amount that can be paid via a bank link or other payment solution. Bank links are provided by Montonio Finance Oü. The settlement currency is the euro (€).
4.4 After paying for the product, the online store will send an order confirmation to the customer’s e-mail.
4.5 The Customer undertakes to provide the necessary and true data for the execution of the order when placing the order.
4.6 The Seller shall not be liable for the impossibility of performance due to incorrect data provided by the Customer during the performance of the order or for any consequences thereof.
4.7 The seller has the right to refuse to fulfill the order if there is any doubt about the accuracy of the information provided to the seller and / or if the customer has not acted in accordance with good practices.
4.8 In case of doubt that the consignee is under the age of 18, the courier has the right to check the personal document of the customer. In case of proof of doubt, TOHI Distillery is responsible for returning the goods by the same courier service.
4.9 When ordering goods, the parcel machine will only be issued to a person identified with an ID card between 10:00 and 22:00 who is an adult.
5. Methods of payment
5.1 Orders can be paid for securely using Estonian bank links (Swedbank, SEB, Luminor, LHV, COOP, Pocopay) and by credit card (Visa, MasterCard). Alternatively, there is also an option to pay via ApplePay or GooglePay.
5.2 Payment takes place outside the online store environment in the secure payment environment of the service provider Montonio Finance Oü.
5.3 The seller does not have access to the customer’s bank details and credit card details.
5.4 TOHI Distillery OÜ is the chief processor of personal data. TOHI Distillery OÜ forwards the personal data necessary for making payments to the authorized processor Montonio Finance Oü.
6. Delivery
6.1 The customer can choose between different methods of product delivery. The delivery of the product depends on the service chosen by the customer.
6.2 The product will reach the Omniva parcel machine chosen by the customer within 5 working days from the sending of the order confirmation to the customer’s e-mail address.
The customer will be notified of the arrival of the product at the parcel machine by an SMS message, which includes the door code, the location of the parcel machine, the return code and the end of the storage period. The vending machines are open 24 hours a day. The product is stored in the parcel machine for 7 calendar days. After this deadline, the product will be returned to the online store. If the customer does not pick up the product within the aforementioned period, the customer is obliged to reimburse the costs related to repeated shipping.
6.3 The Customer is obliged to keep the SMS message specified in clause 6.2 until the end of the 14-day return period. The customer can exchange or return the product if necessary, using the return code in the same SMS.
6.4 By courier, the product will reach the customer’s chosen address within 5 working days as of sending the order confirmation to the customer’s e-mail address. The courier will contact the customer by phone and arrange a suitable time for delivery. In the event of an unsuccessful delivery attempt, the item will be deposited at the post office of the place of residence and the customer will be notified of the arrival of the item by e-mail to the customer’s e-mail address or by ordinary mail. The product is stored in the post office for 14 calendar days. If the customer does not pick up the product within the aforementioned period, the customer is obliged to reimburse the costs related to repeated shipping.
6.5 Before placing an order, the customer is obliged to check the correctness of the contact information provided in order to avoid delays and misunderstandings during the delivery of the products. The seller is not responsible for the delivery of products
for delays and misunderstandings, if the delay or misunderstanding is due to the inaccuracy or accuracy of the data provided by the customer when placing the order.
6.6 If the product does not reach the customer in good condition and in a sealed package, the customer is obliged to inform the online store by sending an e-mail to info@tohigin.com or by calling +372 551 6183.
7. Order return and exchange
7.1 The customer has the right to withdraw from the order within 14 days without giving a reason and to exchange or return the ordered product (s). This 14-day period starts from the moment the customer receives the order.
7.2 In order to return / exchange the products, a withdrawal application must be submitted to the seller within 14 days of receipt of the goods. The withdrawal can be submitted as follows:
– send the completed return / withdrawal form to the seller together with the returned products;
– by sending a free-form unambiguous e-mail to info@tohigin.com;
– by sending the completed return form on the website to info@tohigin.com.
Returns received by the seller will only be accepted with a completed return form or application.
7.3 The customer must return the goods within 14 days of submitting the application or provide proof that he has handed over the goods to the logistics company during the aforementioned period. The seller has the right to refuse to make refunds until the product which is the subject of the contract has been returned or the customer has provided proof that he has returned the item.
7.4 The product to be replaced or returned must not be damaged or show traces of use, the product must be in its original packaging and all original labels must be affixed to the product.
7.5 The customer is obliged to open the product packaging carefully at all times without damaging it. If the packaging cannot be opened without damaging it, return of the product in the original packaging is not required.
7.6 If the delivery method was Omniva parcel machine, the order can be exchanged or returned via Omniva parcel machine using the return code included in the original SMS.
Instructions for returning at the parcel machine can be found at https://www.omniva.ee/teenused/demo/. If you use the return code, the return is free and the return will reach the e-shop within 3 working days. The e-shop will send a confirmation to the customer’s e-mail about the receipt of the product.
7.7 If the courier was chosen as the delivery method, the order can be exchanged or returned by taking it to a post office of your choice. The barcode on the product’s purchase packaging is required to exchange and return the product. Returns from the post office are free of charge and the return will reach the online store within 3 working days. The online store will send a confirmation to the customer’s e-mail about the receipt of the product.
7.8 In case of exchange, the online store will send the customer a new product immediately after receiving the product to be exchanged. The costs of replacement are borne by the seller.
7.9 The seller will return the purchase amount to the customer within 14 days of receiving the return application. The refund will be made to the same current account from which the customer paid for the returned order.
7.10 In case of returning the order, the seller will return to the customer the entire amount received on the basis of the contract, including the delivery cost of the order paid by the customer. If the order is partially returned and delivery costs have been added to the order, the seller may return the delivery costs in proportion to the number of returned products.
7.11 The refund will be received on the customer’s current account no later than on the next banking day. In case of credit card payment according to the customer’s bank conditions.
8. Procedure for submitting claims
8.1 The 2-year term for filing claims provided for in § 218 (2) of the Law of Obligations Act applies to the products sold.
8.2 In case of non-compliance or defects of the product, the customer undertakes to notify the seller immediately, but not later than within 2 months after the occurrence of the defect, by sending the buyer’s contact details, exact description of the problem and purchase receipt number to info@tohigin.com. If the product is defective, please stop using the product immediately.
8.3 All claims will be reviewed and the customer will be contacted as soon as possible, but not later than within 15 days of receipt of the claim.
8.4 In the event of non-compliance of the goods with the terms of the contract, the customer may rely on the legal remedies provided by law, incl.
8.5 In the event of non-compliance with the terms of the product, the seller shall bear the costs related to the repair or replacement of the product, in particular transport, postage, labor, travel and material costs.
8.6 The Seller shall not be liable for damages resulting from improper use of the ordered products, as well as for delays in delivery, if this is due to circumstances beyond the Seller’s control and / or due to force majeure beyond his control.
8.7 The seller does not reimburse the costs incurred by the customer in case of non-compliance or defects of the product and is not responsible for them for the following reasons: the value of the product has decreased, the product is damaged due to improper use of the product.
9. Liability
9.1 The Seller and the Customer shall be liable to each other for the damage caused to the other party by the violation of these Terms of Use in the cases and to the extent provided by the legislation in force in the Republic of Estonia.
9.2 The seller is responsible for the sale price of the product.
9.3 The Customer undertakes to use the online store service only for purposes in accordance with the law and good practice.
10. Other Terms
10.1 Disputes between the customer and the seller shall be resolved through negotiations.
10.2 If the seller has refused to resolve the customer’s complaint or the customer does not agree with the solution offered by the seller and finds that his rights have been violated or his interests have been violated, the customer may submit a complaint to the Consumer Complaints Commission through the Consumer Protection Board. The commission is free of charge for the customer and the value of the transaction must be more than 20 euros. The customer can file a complaint himself or through a representative. The data of the Consumer Protection Commission is listed on the website of the Consumer Protection Board;
11. Customer Support
The phone number is +372 551 6183 (open weekdays from 10:00 to 17:00), e-mail address is info@tohigin.com.
