Terms and Conditions

Last reviewed on 23 January 2020

 

This website is operated by 88 DESIGN OÜ (reg. code 14541662), owner of the online store 88design.ee; located at Paadi tee 3, 74001 Viimsi vald, Harjumaa, Estonia. Throughout the site, the terms “we”, “us” and “our” refer to 88 DESIGN OÜ. 88 DESIGN OÜ offers this website, including all products, information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following Terms and Conditions, including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms and Conditions carefully before accessing or using/purchasing something from our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to change the terms described, if necessary, so we ask You to review them from time to time. The latest effective date will be highlighted at the top.

ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you confirm that you are at the age a minimum age requirement applies in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If we reasonably believe that you are not legally entitled to order a product, we reserve the right to cancel your order.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the online store is owned by 88 DESIGN OÜ, and is protected by applicable copyright laws and treaties around the world. 

The "88DESIGN" trademark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Platforms, accessories or packaging, whether registered or not, are and remain the exclusive property of 88 DESIGN OÜ and are protected by applicable trademark laws and treaties around the world. 

All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the online store, the products depicted and/or available on the online store and any accessories, stationery, packaging or ancillary items connected to such products, your order or the online store, are and shall remain the exclusive property of 88 DESIGN OÜ and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

88 DESIGN OÜ endeavors to ensure that the information posted by it on the online store is accurate and complete. 88 DESIGN OÜ does not, however, guarantee that the content or any other information available on the online store is accurate and/or error free, 88 DESIGN OÜ does not promise that the functionality of the online store will be error free or that the online store, content or the servers that make such content available are free of viruses, malicious code or other components which are potentially harmful. 88 DESIGN OÜ recommends that all users of the Internet ensure they have up to date virus checking software installed.

MODIFICATIONS TO THE SERVICE AND PRICES

88 DESIGN OÜ may vary the prices of products listed on the online store at any time and without any notice, but such changes will not apply to products in respect of which you have been sent a dispatch confirmation. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

All prices of products in the online store are the price for the products only. They include any VAT or other sales tax payable.

Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

PRODUCTS

88 DESIGN OÜ has made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy statement. 88 DESIGN OÜ fully respects the privacy of individuals who access and use the online store. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy policy. 

To read more about privacy please find the link “Privacy policy” below.

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Estonia.

PLACING AN ORDER AND PAYMENT

We accept payment in € (Euro) only.

Once you have found a product you would like to purchase, add it to your shopping basket.  Fill in all of the required fields and choose the most suitable shipping method to complete the order. The total cost of your order will be the purchase price for the products and any additional services you order (for example shipping). Please see the Delivery & Shipping rates page for the costs. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the products being located in Estonia. 

If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Platforms, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Platforms.

The controller of the personal data of the online shop 88design.ee is 88 DESIGN OÜ. 88 DESIGN OÜ transfers the personal data necessary for the execution of payments to authorized processor Maksekeskus AS.

ACCEPTANCE OF ORDERS

All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:

  • If products are shown in the online store but are not available or are incorrectly priced or otherwise incorrectly described;
  • If we are unable to obtain authorisation of your payment; 
  • If you order multiple quantities of an individual product where such products are to be shipped to any one customer or delivery address; 
  • If the delivery address you give is the address of an entity or individual providing freight forwarding services; 
  • If the delivery address you have provided is not a valid shipping address.

After submitting an order to us, we will send you an order acceptance email with your order number and details of the products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the products between us and you will not take place unless and until (we have sent you an email confirming that the Products have been dispatched.) the amount payable is transferred to the bank account of the online store.

In the event prolonged inactivity causes your connection to the online store to fail, your selection of goods may be lost. In such a case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

INVOICING

Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

SHIPMENT AND DELIVERY

Products are shipped worldwide.The purchaser bears the shipping cost and the respective price information is displayed next to the shipping method. After the payment is confirmed the goods will be ready to be shipped within 2-3 business days. 

All shipments within Estonia generally arrive at the destination specified by the purchaser within 1-3 business days of the date of entry into force of the contract of sale. All shipments outside of Estonia arrive within 6-30 business days. DHL Express service will be delivered worldwide either the next day or the day after. We have the right to ship goods in up to 45 calendar days in exceptional cases, which will be communicated immediately to the customer when the case arises.

We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that there are restrictions on the locations to which we deliver products purchased from the online store. Details of the locations to which we deliver are available from us on request.

Once your order has been accepted by us, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times set out at Shipping and delivery or as otherwise specified in the checkout process as you submit your order.

Orders received after any cut off or last order time or received on a day which is not a working day in Estonia, will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified.

Once a Product has been received by you all risk of damage to, or loss of, the product shall pass to you.

In the event that a product is subsequently imported into a country other than the country to which 88 DESIGN OÜ delivered the product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

To read more about shipping please find the link “Shipping and delivery” below.

RETURNS

We offer a 15 day returns policy for all items purchased on our website. If 15 days have passed since you have received your package we can not offer a refund or exchange.

Should you wish to cancel or return any products, you may only do so in accordance with our Returns policy. This Returns policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the product is shipped). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country.

Where you return a product under the regulations we will issue you with a full refund but you will need to return the product at your own cost (if you have already received the Product), unless otherwise specified in our Returns policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, 88 DESIGN OÜ shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible. 


Questions about our Terms and Conditions should be e-mailed to: info@88design.ee