1. Validity of the General Terms and Conditions
1.1. The general terms and conditions regulate the legal relationship that comes into being between ChiChi’s customers (henceforth Customer) and ChiChi’s owner ChiChi OÜ (henceforth ChiChi) upon purchasing goods.
1.2. The general terms and conditions cannot be in conflict with the laws, regulations and administrative provisions valid in the Republic of Estonia and will, if necessary (in case of disputes or insufficient information), be supplemented with the aforementioned provisions.
1.3. ChiChi retains the right to unilaterally amend these terms and conditions and the prices of goods. Amendments to and supplements of the terms and conditions and product prices will enter into force from the moment they appear on the webpage www.chichi.ee. If the Customer placed their order before the amendments entered into force, the conditions that were valid at the time the order was placed will apply to the Customer, unless prescribed differently by the law or these terms and conditions.
1.4. The goods will be purchased via ChiChi’s webpage www.chichi.ee.
1.5. Upon placing the order, the Customer confirms that they have read and agree to the general terms and conditions.
2. Placing the Purchase
2.1. The Customer will add the desired product to the cart and will place an order via the online shop.
2.1.1. The products in the cart will be available to other Customers until the order has been confirmed.
2.2. An order confirmation will be sent to the Customer’s email once the purchase has been confirmed.
2.3. The payment term for the invoice is 2 calendar days.
2.4. Products cannot be booked.
3. Payment for the Ordered Goods
3.1. The Customer selects the desired payment method when placing the order.
3.1.1. The payment may be formalized using a Swedbank or SEB Bank bank link, or;
3.1.2. By bank transfer, pursuant to an invoice within 2 calendar days of confirming the order.
3.2. The Customer will pay any service charges for international bank transfers;
3.3. If the Customer does not make the prepayment invoice payment within 2 calendar days of the issue date indicated on the invoice, ChiChi will consider this as the Customer’s expression of their desire to withdraw from the transaction and will cancel the order.
3.4. If the Customer has cancelled more than three orders, ChiChi has the right to restrict the Customer’s future purchases.
4. Delivery of Goods
4.1. Once the payment is received, the Customer’s order will be shipped within 1–2 workdays. Orders are not shipped during weekends.
4.2. The goods will be delivered to the Customer according to the Customer’s choice to a:
4.2.1. SmartPOST parcel terminal (packaging and delivery costs – 2.69 euros);
4.2.2. Omniva parcel terminal (packaging and delivery costs – 3.19 euros);
4.2.3. SmartKULLER (packaging and delivery costs – 3.59 euros);
4.2.4. SmartPOST Finland (packaging and delivery costs – 9.99 euros).
4.3 Orders that cost 49 € or more will be delivered to the Customer without a delivery fee via SmartPOST and Omniva parcel terminals (Estonia only). The free delivery clause may become void (ref. clause 5.10).
5. Withdrawal from the Order
5.1. ChiChi retains the right to cancel the Customer’s order if the Customer has not paid the sum indicated on the prepayment invoice to ChiChi’s bank account within 2 calendar days of the issue date indicated on the invoice.
5.2. If an ordered item is not suitable or not what the Customer expected, the Customer has the right to return it. It is necessary to inform ChiChi’s customer service of the intention to return an item by sending an according email to the address firstname.lastname@example.org within 14 days of receiving the item and before mailing it.
5.2.1. The returned item(s) must be delivered to ChiChi within 14 days of sending the return notice.
5.3. The returned goods must be unused, with all tags attached, undamaged and in their undamaged original packaging. The returned imet(s) must be mailed via SmartPOST or Omniva parcel terminals, or as a registered maxi or standard parcel via Omniva.
5.4. ChiChi will refund the returned item(s) to the Customer’s bank account as soon as possible but no later than within 14 days of receiving the return notice (Law of Obligations Act § 56, subsection 3).
5.5. Pursuant to § 194, subsection X[K1] of the Law of Obligations Act, the Customer will cover any return fees, excluding cases where the delivered item does not correspond to the ordered item.
5.6. Should the Customer want to exchange the product for a different size or item, the Customer will cover only the return costs. ChiChi will cover the cost of delivering the first new item.
5.7. Due to hygiene reasons, lingerie, bikinis and hosiery is not subject to return if the original package has been opened.
5.8. ChiChi will cover the return costs if the goods are damaged in a manner that could not have been established upon visual examination and the damage was not caused upon opening the package, or the goods are different from the ones ordered by the Customer. In order to avoid misunderstandings, we request that the Customer informs ChiChi of the defect/incorrect product beforehand via email.
5.9. If the returned item has been damaged and the damage has occurred due to abnormal use, or at the Customer’s fault or neglect, the Customer will compensate any decrease in the product’s value.
5.10. Free delivery via SmartPost or Omniva parcel terminals will become void if the Customer (partially) returns the goods and the final purchase sum falls below 49 euros. In that case, ChiChi will deduct the delivery charges (2.59 euros for SmartPOST or 2.99 for Omniva parcel terminals) from the products’ purchase price and return the remaining sum to the Customer.
5.11. ChiChi is not responsible for any differences in colour that may be the result of the different screen settings of the computers used by the Customer and ChiChi.
5.12. If the Customer delivers the package to the wrong parcel terminal or the wrong address, the package will not be picked up by ChiChi and will, instead, be returned to the Customer. The Customer will also cover the delivery costs of the new delivery.
5.13. The return and exchange policy does not extend to products that have been purchased by the Customer on site at ChiChi’s office. In that case, the Customer has had the opportunity to examine the product (try it on) before making the purchase.
6. Term for Presenting Complaints and Returning Non-Conforming Products
6.1. Pursuant to § 218, subsection 2 of the Law of Obligations Act, the Customer has the right to file a complaint within two years of receiving the goods. It will be presumed that any defects that appear during the first six months of this period were present at the time of purchase and ChiChi must determine the essence of the defect.
6.2. The Seller will select, which legal remedy to implement (whether the product will be repaired or exchanged for a conforming one) the first time a defect is detected on a product. If the same defect (in some instances, also a different defect) appears for a second time, the Customer must choose whether they wish to have the product repaired or exchanged, or whether they wish to withdraw from the contract.
6.3. If repairing or exchanging the product causes unnecessary discomfort to the Customer (incl. repeated repairs), the Customer may withdraw from the contract and demand a full refund of the paid sum (Law of Obligations Act § 223, subsection 3).
6.4. In case of an unexpected defect, the Customer must send an email to the address email@example.com, stating the following information:
6.4.1. The name and contact details of the Customer;
6.4.2. Date of presenting the complaint;
6.4.3. Date of the order;
6.4.4. A description of the product’s defect (if possible, a photo should be added);
6.4.5. The complaint presented to ChiChi;
6.4.6. Invoice number (if possible, a copy of the invoice).
6.5. The according notice must be sent at latest within 2 months of when the defect first appeared. The Customer loses the right to demand that ChiChi repair the product or exchange part of it free of charge if the aforementioned period is exceeded without good reason.
6.6. ChiChi is not responsible for:
6.6.1. Any damage caused to the product at the Customer’s fault or due to neglect;
6.6.2. Defects caused by abnormal use;
6.6.3. The product’s normal wear and tear due to ordinary use.
7. Liability and Force Majeure
7.1. ChiChi is liable for any damage caused to the Customer due to ChiChi’s violation of these terms and conditions in the cases and to the extent prescribed by the laws valid in the Republic of Estonia.
7.2. The Customer is liable for any damage caused to ChiChi due to the Customer’s violation of these terms and conditions in the cases and to the extent prescribed by the laws valid in the Republic of Estonia.
7.3. Neither party is responsible to the other party for their delay in performing or failure to perform any of their obligations and their actions will not be considered a violation of these terms and conditions if the delay or failure to perform was caused by circumstances out of their control (force majeure).
7.4. ChiChi will not compensate any moral damage caused to the Customer by any changes made to the delivery times, prices or other conditions within the limits of these terms and conditions.
8.1. ChiChi will use the personal data provided by the Customer only for the purposes of fulfilling the Customer’s purchase order. ChiChi will not disclose the information acquired during purchases to third parties, excl. to cooperation partners for making the delivery and in the cases provided by law.
8.2. The Customer and ChiChi will adhere to the legislation valid in the Republic of Estonia and other legal instruments regulating the relationship between the parties in any issues that are not regulated by these terms and conditions.
8.3. The parties will strive to settle any disputes and disagreements arising from the performance of these terms and conditions primarily by means of negotiations. If the dispute cannot be solved by means of negotiations, both the Customer and ChiChi have the right to protect their rights at the Consumer Protection Board or a court.
8.4. ChiChi has the right to choose their clientele. ChiChi may refuse to service a Customer if there is good cause. Good cause includes but is not limited to the Customer spreading unfounded slander about ChiChi or the Customer’s problematic attitude towards ChiChi’s activities (for reasons not caused by ChiChi), etc.
8.4.1. If a Customer has placed an order and ChiChi is not inclined to service that Customer, the order will be cancelled and, provided the invoice has been paid, the money will be returned to the Customer within 14 days.
9. Additional information
9.1. Any queries, requests and proposals are welcome at the address firstname.lastname@example.org or by phone at (+372) 54 596 709. The phone line operates on weekdays from 10:00 to 17:00; emails will receive a reply within 1 workday.