General Terms And Conditions

  • 1. GENERAL PROVISIONS AND TERMS
  • 1.1 These General Terms and Conditions for the Provision of Services by ZABRA Solutions (hereinafter referred to as the ‘General Conditions’) govern the rights and obligations of the Parties when providing the ZABRA ordering method service between ZABRA Solutions OÜ (registration code 14368850, address: Mäealuse 2/1, 12618 Tallinn; hereinafter “ZABRA Solutions”) and by an individual (hereinafter referred to as the Client), hereinafter collectively referred to as the “Parties” or individually the “Party”.
  • 1.2 General Conditions are binding on the Parties from the moment when the Customer selects the ZABRA ordering method service in the online store or downloads the ZABRA Solutions mobile application.
  • 1.3 In these General Conditions, the following terms are used:
  • 1.3.1 “ZABRA ordering method” is a convenient e-commerce solution developed by ZABRA Solutions OÜ that allows an online store buyer to purchase various goods and services without immediate payment, confirming the order using the ZABRA Solutions mobile application (hereinafter ZABRA App). To place an order, the client must identify himself with ZABRA App and the client must pay for the goods directly to ZABRA Solutions OÜ within 30 days from the date of receipt of the goods;
  • 1.3.2 The ZABRA mobile application, hereinafter referred to as the ZABRA App, is a mobile solution developed and administered by ZABRA Solutions OÜ that allows the online store buyer to order goods without immediate payment by choosing the “ZABRA ordering method” when completing the shopping cart. The ZABRA mobile application is a simple mobile solution that includes various mobile functions (creating and managing user accounts, his orders, customer identification, tracking and order history, etc.);
  • 1.3.3 Client (buyer) – an individual who orders goods in an online store connected to the service of the ZABRA Solutions OÜ company, choosing the “ZABRA ordering method” when completing the shopping cart.  The client of the ZABRA Ordering Method service can be an adult whose legal capacity is not limited by law or a court decision. Only a resident of Estonia can be a client;
  • 1.3.4 Personal data – data on an identified or identifiable natural person that are processed during the provision of services provided by ZABRA Solutions OÜ, the main data processor of which is ZABRA Solutions OÜ or persons designated by ZABRA Solutions OÜ as authorized processors;
  • 1.3.5 Client data – any information known to ZABRA Solutions OÜ regarding the client;
  • 1.3.6 Client limit – the money limit established by ZABRA Solutions OÜ for a client, within which the client can make purchases in various online stores, and in case when it is exceeded the ZABRA Solutions OÜ may require the client to pay an advance or limit the provision of ZABRA Solutions services for this client;
  • 1.3.7 Service restriction – partial or full restriction of the ZABRA Solutions services, if a client incurs a debt or if the client exceeds the established limit;
  • 1.3.8 Client identification – confirmation of the client’s identity in ZABRA App by checking the validity of client’s certificate through identification service providers (Smart-ID or Mobile-ID).
  • 1.3.9 Certificate Validation Service (Validity Confirmation Services) – real-time verification of the certificate to ensure the use of the certificate and identification, or digital signature;
  • 1.3.10 Business partner – an online store that has joined the ZABRA Solutions OÜ service, i.e. seller of goods.
  • 2. ORDERING WITH THE ZABRA Solutions SERVICE
  • 2.1 To place an order using the “ZABRA ordering method”, the client must download the ZABRA application on their mobile phone or tablet. The ZABRA mobile app is available for free download on the Google Play and AppStore.
  • 2.2 Placement of an order includes the following steps:
  • 2.2.1 The buyer adds the goods to the basket in accordance with the requirements of the online store
  • 2.2.2 The customer chooses the method and place of delivery of the order.
  • 2.2.3 The customer selects the “ZABRA ordering method ” service 
  • 2.2.4 When choosing the “ZABRA ordering method”, the buyer is directed to the ZABRA Solutions mobile environment, where he is invited to identify himself (Smart-ID or Mobile-ID, PIN1) and confirm the shopping cart with a digital signature (Smart-ID or Mobile-ID PIN, PIN2).
  • 2.2.5 After confirming the purchase at ZABRA App (PIN2), an order confirmation will be sent to the client’s email address and the online store will begin to execute the order.
  • 2.2.6 The online store sends the invoice to the customer together with the goods after confirming the order in the ZABRA App.
  • 2.2.7 When using the ZABRA solutions, the standard right of the customer to return the goods within 14 days is valid. To return or exchange the goods, the buyer must, within 14 days from the receipt of the goods in accordance with the terms of sale of the online store, submit to the seller a declaration of withdrawal from the contract. When exercising the right to withdraw from the contract, the buyer must return the goods to the seller no later than within 14 days from the date of filing the application for withdrawal.
  • 2.2.8 After 21 days from the date you receive the goods you will be sent the final payment notice by email or/and the ZABRA mobile application, which will indicate the final amount payable, the due date and the bank details of ZABRA Solutions OÜ.
  • 3. PAYMENT
  • 3.1 The ZABRA ordering method service is free for an online store buyer. When using the “ZABRA ordering method” service, in addition to the purchase amount, the client does not pay any commission for the contract, hidden or additional fees, interest or other additional obligations. “ZABRA ordering method” is not a credit service.
  • 3.2 Having chosen the “ZABRA ordering method ” the client must pay for the goods directly to the ZABRA Solutions OÜ bank account using the bank details specified in the payment  notification.
  • 3.3 Amount indicated in the payment notification must be paid no later than within 30 days from the receipt of the goods.
  • 3.4 When paying the bill, the client must make sure that the payee, reference number and current account number match the data specified in the payment notification. When paying, you must specify the reference number (viitenumber). In case of questions or problems, the Client can contact ZABRA Solutions OÜ customer support by email support@zabra.io.
  • 3.5 The invoice is considered paid in a timely and proper manner if the entire amount indicated on the payment notification was received on the ZABRA Solutions OÜ current account no later than the payment date indicated on the payment notification.
  • 3.6 In case of delayed payment of the bill, the Client pays a fine on the debt in the amount specified in the contract of sale of the online store.
  • 4. ASSIGNMENT OF RIGHTS
  • 4.1 After completing the order, the business partner (seller of the goods) assigns the rights arising from the purchase and sale agreement, together with possible additional obligations of ZABRA Solutions OÜ in accordance with Sections 164 of the Estonian Law of Obligations Act.
  • 4.2 Notification of the transfer of rights is sent to the customer along with the payment notice.
  • 5. RETURN OF GOODS AND CLAIMS
  • 5.1 When using the “ZABRA ordering method” service, the standard right of the customer to return the goods within 14 days is valid.
  • 5.2 To return or exchange the goods, the buyer must, within 14 days from the receipt of the goods in accordance with the terms of sale of the online store, submit to the seller a declaration of withdrawal from the contract. When exercising the right to withdraw from the contract, the buyer must return the goods to the seller no later than within 14 days from the date of filing the application for withdrawal.
  • 5.3 The online store informs ZABRA Solutions OÜ of the returned products and, in accordance with the information provided, ZABRA Solutions OÜ recounts the final amount payable.
  • 5.4 If the invoices sent in accordance with clause 2.2.5 still reflect the products that the customer actually returned to the online store, the customer should contact ZABRA Solutions customer support by email support@zabra.io .
  • 5.5 All complaints and claims related to the quality of the goods must be submitted by the buyer directly to the online store. If the seller of the goods violates the contract of sale concluded with the buyer, the requirements of which were transferred to ZABRA Solutions OÜ, the buyer cannot demand a refund of money paid to ZABRA Solutions OÜ based on the submitted claims, if the buyer can demand a refund from the seller.
  • 5.6 If the purchased product contains a defect, the customer has the right to contact the online store with a complaint both verbally and in writing. The online store must accept the complaint and respond to the customer in writing within 15 days. If the online store refuses to consider the complaint or the buyer does not agree with the solution proposed to him, the buyer can file a complaint with the Consumer Dispute Commission
  • 5.7 In addition to the foregoing, disputes with the online store may also be resolved out of court using european online tool.
  • 6. RIGHTS, RESPONSIBILITIES, REPRESENTATIONS AND CONSENT OF THE CLIENT
  • 6.1 Client’s rights:
  • 6.1.1 in case of any questions regarding the ZABRA ordering method service, contact ZABRA Solutions OÜ support by e-mail support@zabra.io;
  • 6.1.2 The client has the right at any time to get acquainted with the personal data used in ZABRA Solutions OÜ in accordance with the conditions for the protection of personal data;
  • 6.1.3 in case of temporary difficulties with payment and in case of late payment of the bill, contact ZABRA Solutions OÜ to set up a payment schedule in accordance with the terms of debt collection;
  • 6.1.4 stop using ZABRA Solutions at any time by deleting their account. All payment obligations arising from purchases made using the “ZABRA ordering method” service remain valid until fulfillment of obligations to ZABRA Solutions OÜ.
  • 6.2 Client’s obligations:
  • 6.2.1 When making a purchase using the “ZABRA ordering method” service, the client is required to indicate the correct and valid personal and contact information (name and surname, personal identification code and / or date of birth, phone, email and address of residence);
  • 6.2.2 The client is obliged to immediately notify of any changes in his contact details by making changes in the ZABRA Solutions mobile application (section “Profile”);
  • 6.2.3 The client is obliged to timely and fully pay the bill of ZABRA Solutions OÜ;
  • 6.2.4 The client is obliged to independently evaluate his solvency in such a way that, taking into account his financial situation, he will be able to timely and fully fulfill his obligations when purchasing goods;
  • 6.2.5 The client is obliged to inform ZABRA Solutions OÜ if an event or circumstance that substantially affects the solvency of the client occurs or has occurred;
  • 6.2.6 The client is obliged to confirm that at the time of the digital confirmation of the order (signing PIN2), the client has not initiated or declared bankruptcy or enforcement proceedings against them were started;
  • 6.2.7 Before digitally confirming an order in the ZABRA App, the client must carefully read the terms of sale in the online store and the general conditions for the provision of ZABRA Solutions services.
  • 6.2.8 In case of debt, the client is obliged to pay, in addition to overdue payments, the costs associated with sending reminders, and other expenses related to the collection of debt in accordance with the terms of debt collection.
  • 6.3 By choosing the “ZABRA ordering method” service and signing the order digitally (using a digital signature) in ZABRA Solutions Аpp, the client confirms that he / she:
  • 6.3.1 has all rights to conclude a purchase and sale transaction (to conclude a contract of sale of goods);
  • 6.3.2 is an adult and legally capable person;
  • 6.3.3 is a resident of the Republic of Estonia;
  • 6.3.4 no bankruptcy proceedings have been instituted against him or her, and there is no reason to institute any other insolvency proceedings against him or her;
  • 6.3.5 no enforcement proceedings are being conducted against him or her, and he or she is not aware of the possibility of initiating such a case in the near future;
  • 6.3.6 he or she knows that the seller assigns ZABRA Solutions OÜ the rights of claim to the client arising from the contract of sale of goods, in particular the requirement to pay the price of the goods along with additional obligations. The Client is aware that payment obligations arising from the contract of sale of goods must be fulfilled directly to ZABRA Solutions OÜ;
  • 6.3.7 he or she knows that the claims regarding guarantees for the goods, defects in the goods or other claims regarding the execution of the contract of sale or its violation by the seller must be presented directly to the seller of the goods. Wrong fulfillment or non-fulfillment of obligations arising from the seller’s contract of sale of goods does not change or terminate the client’s obligations to ZABRA Solutions OÜ.
  • 6.4 When using the “ZABRA ordering method”, the client agrees to the general conditions and agrees to the transfer of data related to orders to ZABRA Solutions OÜ.
  • 6.5 ZABRA Solutions OÜ processes the personal data of the client in accordance with the conditions for the protection of personal data.
  • 6.6 To assess the solvency of the client and reduce risks, ZABRA Solutions OÜ uses automatic solutions and client profiling, and these actions are necessary to provide the client with the “ZABRA ordering method” service. By default, ZABRA Solutions OÜ checks public and paid registries. The client has the right to refuse to use the service if the corresponding solvency assessment is not suitable for the client. Learn more about the conditions for the protection of personal data.
  • 6.7 The client has the right to revoke the consent specified in clause 5.2 of the conditions for the protection of personal data at any time by sending a written notice to ZABRA Solutions OÜ by e-mail andmekaitse@zabra.io or by changing the corresponding settings in the ZABRA App. This right does not apply if the personal data that the Client requests to delete are processed legally, including for the collection of debts. The provisions of the General Part of the Civil Code Act regarding expression of will apply to the consent in full.
  • 7. RESPONSIBILITIES AND RIGHTS OF ZABRA Solutions OÜ
  • 7.1 ZABRA Solutions OÜ has the following rights:
  • 7.1.1 process personal data of the client in accordance with the conditions for the protection of personal data;
  • 7.1.2 when providing the client with the “ZABRA ordering method” service and for assessing the risks associated with this service, evaluate the solvency of the client using automated solutions and profiling (see more in the conditions for the protection of personal data);
  • 7.1.3 revoke or restrict client’s rights when providing the “ZABRA ordering method” service and / or when using the ZABRA application, if:
    1. 7.1.3.1 Customer violates these General conditions;
    2. 7.1.3.2 The client knowingly provided false information about himself;
    3. 7.1.3.3 Client’s actions may entail legal negative consequences for ZABRA Solutions OÜ;
    4. 7.1.3.4 Client’s activity refers to illegal activity;
    5. 7.1.3.5 Despite reminders, the Client has not fulfilled his obligations to ZABRA Solutions OÜ.
  • 7.1.4 Despite the restrictions established by clause 7.1.3, ZABRA Solutions OÜ has the right to demand the fulfillment of obligations arising from the contract of sale of goods.
  • 7.1.5 unilaterally amend these General conditions and Conditions for the protection of personal data, notifying clients thereof in accordance with the conditions;
  • 7.1.6 if necessary or in case of doubt, request from the client additional information regarding the solvency of the client.
  • 8. CLIENT’S LIMIT AND PRINCIPLES FOR APPOINTING A LIMIT
  • 8.1 Client’s Limit is the money limit set by ZABRA Solutions OÜ for the Client, within which the Client can make orders in various online stores, and if it is exceeded, the ZABRA Solutions OÜ may require an advance payment from the Client or restrict the provision of ZABRA Solutions services.
  • 8.2 ZABRA Solutions OÜ sets a limit for each Client in the total amount of 300 euros.
  • 8.3 The Client’s limit includes the sum of orders submitted for execution to the online store, and the amount of completed orders, the due date of which has not yet arrived, as well as the amount of orders to be paid, but the obligations of which the Client has not yet fulfilled.
  • 8.4 ZABRA Solutions OÜ has the right to increase and decrease the limit of the Client, taking into account the following principles for setting limits. When reducing and increasing the limit of the Client, the following shall be taken into account:
  • 8.4.1 previous Client’s payment history (compliance with the payment term for the last 1 year);
  • 8.4.2 the number of active orders and their frequency;
  • 8.4.3 public or paid credit ratings and solvency reports;
  • 8.4.4 Client’s behavior in case of incurring debt
  • 8.5 In case of incurred debts by the Client, ZABRA Solutions OÜ has the right to limit the availability of the “ZABRA ordering method” service for the Client. The debtor is the ZABRA Solutions OÜ Client, who has past due accounts. For example, the Client has several purchase orders (completed and executed), and any invoice was not paid on time. Debt collection takes place in accordance with the terms of debt collection.
  • 9. FINAL PROVISIONS
  • T9.1 These General Conditions enter into force on the day after their publication and remain valid for an indefinite time.
  • 9.2 ZABRA Solutions OÜ has the right to change the General Conditions at any time. In case of amendments to the General Conditions, ZABRA Solutions OÜ notifies Clients through ZABRA App and / or by email at least one (1) month prior to the entry into force of the changes, unless otherwise provided by the General Conditions. The amended General Terms will be published on the ZABRA Solutions OÜ website and available to ZABRA App.
  • 9.3 If the client does not agree with the changes or for any other reason no longer wants to use the ZABRA Solutions service, the client has the right to immediately, without indicating a reason and without additional fees, refuse the ZABRA Solutions OÜ service by sending an appropriate email to ZABRA Solutions OÜ at support@zabra.io or, if possible, by making a selection in the ZABRA App and confirming their choice via PIN1. The application may be submitted in a free form, but it contains the following information about the Client: first and last name, personal identification code, desired date of termination of the service. After the termination of the use of the ZABRA Solutions OÜ service at the initiative of the client, the client must fulfill before ZABRA Solutions OÜ all payment obligations by the deadlines indicated in the invoices.
  • 9.4 In matters not resolved in these General Conditions, relations between ZABRA Solutions OÜ and the Client are governed by the applicable laws of the Republic of Estonia and other laws regulating relations between the parties.
  • 9.5 Disagreements and disputes arising in connection with the implementation of these conditions shall be resolved by the Parties mainly through negotiations. If disputes cannot be resolved through negotiations between the Parties, then ZABRA Solutions OÜ and the Client have the right to go to court to protect their rights. The dispute is resolved in the Harju County Court in Estonia, unless otherwise provided by applicable law.
  • 9.6 This General Terms and Conditions is made in Estonian, Russian and English. In the event of a dispute as to the terms of this General Terms and Conditions the Estonian version shall prevail.

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