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TERMS OF USE

E-store terms of use were updated on 10.12.2019

1. GENERAL
1.1. These terms of use regulate the legal relationship arising between LBM OÜ, registry code 14010657, Tapri 5, Tallinn (Trader) and the person who made the purchase (Client) in the purchase-sale of the products and accessories of the brands LABELLAMAFIA, LAMAFIA in the www.labellamafiashop.eu sales environment (e-store).
1.2. In addition to these conditions the legal relationships arising from the distribution of products via the e-store are regulated by the laws of the Republic of Estonia.
1.3. The company may change the terms of use of the e-shop and the prices of products and services. Changes will be announced in the e-shop environment and the changes will take effect upon the publication at the website www.labellamafiashop.eu. Transactions are subject to conditions and prices applicable at the time of the transaction.
1.4. The selection of products, prices and discounts may differ from the product selection, prices and discounts of the Trader’s retail product selection.

2. PRICES & PRODUCTS
2.1. The prices of the products are provided on the products’ sheet and the prices include the 20% value added tax in force in Estonia.
2.2. The delivery fee in accordance with the delivery method chosen by the Client in the course of formalising the order is added to the price of the products. The manner of delivery will be chosen and the delivery charge calculated in the basket.
2.3. In case of the existence of a discount code the discount of the product will be calculated after entering the discount code in the basket.
2.4. All prices on labellamafiashop.eu are in EUR
2.5. Usually, the Products displayed in our store are in stock. The availability of the said products is not guaranteed, since it can be erroneous due topossible technical problems in our store programmes.
2.6. If the Customer places an order but it appears that the given product is out of stock, we cannot execute that order. In this case, an employee of Labellamafia Shop will refund money for the purchase.
2.7. The photos displayed of the products in Labellamafia Shop are illustrative and may differ from the actual appearance of the product to a small extent.

3. COMPLETING THE ORDER
3.1. The Client will add the product to the basket after choosing the product and, where necessary, the size on the product sheet by clicking the “Add to cart” button.
3.2. You can change quantities in the shopping cart and remove items from the shopping cart until you pay for the product. The company informs the client of his or her unconfirmed order.
3.3. To complete the order, you must enter the necessary data in the shopping cart, select the payment method and click on the “Check out" button.
3.4. The order is deemed finalized after pressing the “Pay" button and receiving the payment.
3.5. The Trader will send a notification for the confirmation of the order to the Client’s email address.
3.6. In case of not having the Product ordered by the Client the Trader will cancel the order. An order may be cancelled in part as well as in whole. The Client will be informed of a cancelled order immediately. In case of a partial cancellation the Trader may ask for the Client’s wishes for handling the rest of the order – whether to dispatch or cancel as well.

4. PAYMENT
4.1. The Client will pay for the purchases made in the Web environment (e-store) 100% in advance.
4.2. For orders, you can pay by credit card (Visa, MasterCard).
4.3. Payment takes place in a secure environment outside the e-store – when paying by credit card in the secure environment of Stripe Payments Europe (https://stripe.com) and in case of PayPal payments in the PayPal secure environment respectively. The Trader does not have access to the Client’s bank and credit card details.
4.4. After placing the order and making the payment the Client will be sent a confirmation via email, on delivery an invoice is added to the parcel; for a dispatch outside the European Union a customs declaration is also added (UPU form CN22).

5. DELIVERY OF THE PRODUCTS TO THE CLIENT
5.1. The e-store delivers products to all the European Union Member States and to Russia, Belarus and Ukraine.
5.2. Products will be delivered to the customer by Registered Maxi Letter Business Letter and Omniva Parcel to the automated parcel terminal provided by Omniva (AS Eesti Post) and Services provided by Itella SmartPOST OÜ, as well as the DPD pickup point and the DPD courier. Shipments can be tracked at Omniva (formerly Estonian Post) and in the international monitoring environment of the UPU at www.track-trace.com/post. Itella SmartPOST tracking environment at new.smartpost.ee/shipping-otsing. DPD Eesti AS shipments can be tracked in the DPD tracking environment: https://www.dpd.com/ee_eraklient.
5.3. The Client will pay for the costs arising from the delivery of the Products. Depending on the destination the parcel fee is:
* Estonia: to the Omniva automatic parcel point € 9.95; to the Itella SmartPOST’s automatic parcel point € 9.95; A parcel to the post office € 9,95; Omniva courier € 9.95
* Latvia, Lithuania: to the Omniva automatic parcel point € 9.95; standard parcel € 13.95
* Finland: to the Posti automatic parcel point € 9.95; standard parcel € 9.95
* The rest of the European Union: € 19.95
5.4. The Trader will complete the orders, incl. hand over to the post office for dispatch within three working days from the confirmation of the order at the latest. The arrival of the product to the Client depends on the postal service. The indicative arrival times are:
* Estonia: 1-3 working days
* Latvia, Lithuania: 2-5 working days
* Finland: 3-5 working days with Posti, 1-2 weeks with standard parcel
* The rest of the European Union: 1-2 weeks

6. RIGHT OF RETURNING AND EXCHANGING GOODS
6.1. The Client has the right to exchange or return their ordered Product within 14 days. The 14 day term starts from receiving the order from courier or post office.
6.2. When return will arrive the Trader will send a confirmation to the Clients’s e-mail address about having received the product.
6.3. The Trader will not cover the delivery costs of returns.
Returns must be sent to address:
LBM OÜ
Tapri 5
11415 Tallinn, Estonia
Phone +37256561164
6.4. In the case of an exchange, Labellamafia will send a new Product to the Client immediately after receiving the Product that is to be exchanged.
6.5. The Product can only be exchanged for another size of the same product.
6.6. Labellamafia shall refund the purchase price of the Product within 14 days as of the timely arrival of the Product at the Online Store. The money is refunded to the same bank account from which the Client paid for the corresponding order.
6.7. In the case of refunding the purchase price, the Trader will not compensate the cost of transport service related to this purchase.
6.8. In the case of returns or exchanges, the Client is obligated to fill out the exchange and return form.
An exchange or return is only accepted if it is accompanied by a filled out return form.
6.9. The Product that is to be replaced or returned cannot be damaged or have signs of having been worn, it must be in its original packaging and all original tags must be attached to the product.
6.10. Underwear and opened cosmetics and perfume packages cannot be returned.
6.11. The Client is obligated to open the Product packaging carefully without damaging it. If it is not possible to open the package without damaging it, the Product does not have to be in its original packaging when it is returned.

7.SUBMITTING A COMPLAINT
7.1. The Trader is responsible for the nonconformity to requirements and defects of the products for 2 years from the receipt of the products by the Client. Thereat, within the first six months after delivery to the buyer, it is presumed that the deficiency was present upon delivery. The online store is responsible for refuting this presumption.
7.2. On discovering the nonconformity to requirements of the product or defects of the product the Client undertakes to notify the Trader immediately but no later than within 2 months from becoming aware of the nonconformity by sending the respective information to the email address [email protected] or in writing to the address of LBM OÜ at Tapri 5, 11415 Tallinn.
7.3. In case of a nonconforming or defective product the Client has the right to claim the performance of obligations from the Trader, withdraw from the contract or to cancel the contract and claim compensation for damages, reduction of price, in case of delaying the fulfilment of financial obligations claim a fine.
7.4. In case of nonconformity of the product to requirements or defects the Client has the right to first demand the free mending of the product or replacement with a product conforming to the requirements and without defects or to return the product at the Trader’s expense.
The Client has the right to demand the reduction of the purchase price of the product or the termination of the contract and the recovery of the sums paid for the product if:
• The Trader is not able to mend or replace the product or
• Mending or replacing the product fails or
• The Trader has not rectified the defect of the product within a reasonable time or
• The Client is caused unjustifiable inconveniences.
7.5. In case of returning a nonconforming product the Client will be compensated for the sums paid for the product together with transport costs to the bank account specified by the Client within 14 days at the latest. The Trader has the right to delay returning the sums paid until the Client has returned the product in his possession or submitted evidence of handing over the product to the post office for returning.
7.6.  The undertaking shall, during the first six months of the transfer of the item to the purchaser, cover the costs to the buyer related to repairing or replacement of the item, in particular transport, mail, work, travel and material costs. In the next 1.5 years, the corresponding costs will be borne by the undertaking only if the claim is justified. The undertaking does not reimburse the costs incurred by the Client in the event of non-compliance or deficiencies in the product and is not liable for them, if:
7.6.1. The Product has deteriorated/been damaged due to the fault of the Client;
7.6.2. Defects have been caused by the use for a non-intended purpose, incl. as a result of not following the care instructions;
7.6.3. The Product has changed due to normal wear of ordinary use.
7.6.4. There is no copy of the document certifying the purchase.
7.7. In case disputes have arisen between the Client and Trader on the defects of the product, the Client has the right to turn to the Trader with a complaint, by specifying in a complaint submitted in writing or in a form allowing for written reproduction (email) his name and contact details, the date of submitting the complaint, the defect existing in the product and the solution requested by him. The Trader will respond to the Client’s complaint in writing or form allowing for written reproduction (email) within 15 days.
7.8. In case the Client and Trader do not reach an agreement regarding the dispute, the Client has the right to turn to the consumer complaints committee at the Estonian Consumer Protection Board (www.komisjon.ee) for out-of-court settlement of the dispute and use the European Union Online Dispute Resolution procedure at http://ec.europa.eu/odr. Reviewing of a complaint in the consumer complaints committee is free of charge for the parties. Dispute settlement at the Estonian Consumer Protection Board is guided by the legislation of the Republic of Estonia.
7.9. On not agreeing with the decision of the commission the parties have the right to turn to the local county court of the Trader.

8. PRIVACY POLICY

8.1. The controller of personal data is LABELLAMAFIA  (LBM OÜ Tapri 5, Tallinn, registry code 14010657).

8.2. The processing of personal data is subject to the legislation of Estonia and the European Union.

8.3. The controller collects the following personal information: name, gender, birthday, personal identification code, phone number, e-mail and purchase history. LABELLAMAFIA services, incl. digital services, are not directed towards children under 13.

8.4. Among others, personal data is collected and processed for the following purposes: to make purchase analyses, to sell goods and provide services, to serve the client's loyalty program. The controller has the right to query, analyze, sort, and take samples of personal data in the database.

8.5. The controller does not disclose the information received by him to third parties.

8.6. By joining the client program, the client gives consent to the processing of his/her personal data. Personal data transmitted to the controller is protected and treated as confidential information, including information stored on the customer and his/her orders stored in the e-store order environment.

8.7. The data communication between the client and the banks and the card payment center is encrypted, which ensures the security of the customer's personal data and bank details. The data controller does not have access to client confidential bank and payment card requisitions.

8.8. The data controller will implement all measures, including information technology and organizational measures, for the protection of the personal data collected. Access to data editing and processing is restricted to authorized persons.

8.9. LABELLAMAFIA may authorize other legal entities (authorized processors) to process personal data, provided that an agreement has been entered with such a processor under which the processor is required to keep the personal data processed as confidential and to ensure the protection of personal data in accordance with the requirements provided by law. Such authorized processors are cash register software service providers, software development partners, logistics service providers and marketing service providers. The authorized processors are also companies belonging to the same consolidation group with LABELLAMAFIA and their employees who process personal data for the performance of their duties. 

8.10. The updated list of authorized processors will be made available to the client by LABELLAMAFIA on the basis of a client's request submitted in writing to LBM OÜ at Tapri 5, 11415 Tallinn or to the e-mail address [email protected], as well as on the website's privacy policy sub-page.

8.11. The customer has the right to get information and check his/her personal data, request access to the personal data, request corrections to the personal data, request limiting the personal data, request the deletion of personal data, request the transfer of personal data, rights relating to the automated processing of data, right to an evaluation by a supervisory authority. The customer also has a right to renege on his/her permission to process personal data. To get information and to check his/her personal data, the client should send a written application to shop@labellamafia.ee.

8.12. The controller of personal data may send newsletters to the client, including satisfaction surveys and offers to the client's e-mail address or via SMS only if the client has given prior consent at the time of joining the client program or in the self-service environment.

8.13. The client can at any time cancel the offers and newsletters sent by logging in to the self-service environment at www.labellamafiashop.eu, by emailing it to shop@labellamafia.ee at or by following the instructions in the email.

8.14. The client can at any time check his/her personal information and partially modify it by logging in to the www.labellamafiashop.eu self-service environment or by sending an email to shop@lbmtrade.eu. In order to delete personal information collected, the client shall submit a written request to shop@lbmtrade.eu. The data controller changes and/or deletes the client data after the client has been identified.

8.15. The deadline for maintaining client’s personal data is five years from the last purchase.

8.16. In the event of personal data being processed for a new purpose, different from the purpose for which the data was initially collected, or if collection of the data is not based on the subject’s consent, LABELLAMAFIA will carefully consider the permissibility of such processing. In order to determine whether processing of personal data for a new purpose is compliant with the purpose for which the personal data was initially collected, LABELLAMAFIA will, among other things, consider:

(1) Connections between the purposes for which the personal data was collected and the purposes of the intended further processing;

(2) The context of collection of the personal data, primarily the connection between the data subject and LABELLAMAFIA;

(3) The type of the personal data;

(4) The potential consequences of the intended further processing for the data subjects;

(5) Existence of relevant security measures.

8.17. LABELLAMAFIA may make unilateral amendments to the terms and conditions of the privacy policy pursuant to the law. Any amendments will be communicated by LABELLAMAFIA to the data subjects on the website of LABELLAMAFIA or in another manner.

8.18. LABELLAMAFIA and other members of its consolidation group use cookies on their websites incl. those by Google Analytics and Hotjar by informing customers of this practice and asking for the customers’ permission.