Terms of Use

Terms of Use (Da Vinci Food Website and Online Store):

Administrator of the Davincifood.ee website and online store:

Da Vinci Food
Registration Number:11809549
Address:Mõisa 4, Tallinn, 13522
Tel:6810000
E-mail:sales@davincifood.ee

1) Terms Used in the Terms of Use

a.Customer – A person who visits or has visited the DVF website and/or purchases or uses Products sold through the DVF online store. A Customer may visit the website and/or online store and place or not place orders as either a registered or unregistered user.

b.Terms of Use – The terms and conditions governing the use of the online store/website, which are binding on all persons visiting the website and making purchases through it.

c.Product, Products – The product(s) sold by the DVF online store.

d.DVF (Da Vinci Food ) – A legal entity that sells Products or Services through the DVF online store or website.

e.Sales Transaction – A contract concluded between the Subscriber and DVF via the online store or website regarding the purchase of a Product.

f.Symbols used in the DVF online store: * – Once this item is out of stock, it will be removed from the DVF product selection.

2) General Terms and Conditions of Ordering

a.These Terms and Conditions apply to the legal relationships arising between all individuals and Da Vinci Food (hereinafter “DVF”), the owner of theonlinestorewww.davincifood.ee(hereinafter the “Online Store”), in connection with the purchase of products through the Online Store.

b.In addition to these terms and conditions, the legal relationships arising from the purchase of products through the DVF online store are governed by the laws in force in the Republic of Estonia.

c.DVF reserves the right to amend and supplement these Terms and Conditions and the price list in light of the online store’s development and in the interest of ensuring a better and more secure user experience. DVF recommends reviewing the Terms and Conditions from time to time to stay informed of the currently valid Terms and Conditions. All transactions are subject to the terms and conditions in effect at the time they are made. Changes and amendments to the terms and conditions and the price list take effect upon publication of the relevant change or amendment on the websitewww.davincifood.ee/kasutustingimused. If you submitted your order before the changes to the terms took effect, the legal relationship between you and DVF will be governed by the terms in effect at the time you submitted your order, unless otherwise provided by law or in these terms.

3) Registration Procedure

a.To become a loyal customer of the DVF online store, the Subscriber must register as a user of the website atwww.davincifood.ee.

b.To register, you must fill out all fields marked with an asterisk on the form.

c.After registration, DVF will send the Subscriber an email to the email address provided by the Subscriber, confirming that the Subscriber has created an account in the DVF online store.

d.Once the user account has been activated, the Subscriber can log in to the DVF online environment using the username and password they have chosen and place product orders through their account.

e.When registering as a user of the DVF online store, customers can save their contact information and view their previous orders.

4) Product Ordering Procedure

a.The Customer does not need to register as a user of the DVF online store to order products.

b.Description of the purchasing process:

1. The Customer selects the desired Product(s) and specifies the quantity of each Product

2. Once the products have been selected, the Customer proceeds to the shopping cart and selects the delivery method for the products.

3. The customer proceeds to the next page by clicking the “PLACE ORDER” button.

4. Depending on the selected delivery method, the Customer fills in the required fields to receive the order.

5. The Customer selects the payment method for the Products and confirms that they have read the Terms of Use.

6. The customer confirms the order by clicking the “ORDER WITH PAYMENT OBLIGATION” button and makes the payment through the selected bank.

7. After making the payment, you must click the “Back to Merchant” button in the bank; otherwise, the order will not be delivered.

c.All prices of Products listed in the online store are in euros, exclude shipping costs, and include 24% VAT.

d.A delivery fee will be added to the price of the ordered Products, based on the delivery method selected by the Customer.

Free shipping:

Harju County:Kuller and Smartpost – starting at 49.00 €

Rest of Estonia:Kuller – 76.80 €, SmartPost 49.00 €

e.A product assembly fee of 1.24 € will be added to the price of the ordered products

f.For orders confirmed by the customer, payment can be made in the DVF via an online banking link.

g. The order will be processed and shipped upon receipt of a 100% prepayment. DVF will notify the Customer via email of the shipment of the products and the resulting activation of the order. Once the goods have been fully assembled, a pro forma invoice will also be sent via email.

5) Product Delivery

a. DVF will deliver the ordered Products to the Customer in accordance with the delivery method selected by the Customer in the order: courier, Itella SmartPost, or the Customer must pick up the order in person at the warehouse located at Visase 5 (Note: For perishable products (cheese, cold cuts, etc.), the only delivery options within Tallinn are courier service or the Customer picking up the order in person at the warehouse. Courier delivery outside of Tallinn is not available for these products). For ice cream orders, the only way to receive the order is to pick it up in person at the Da Vinci Pasta & Pizza restaurant in Järve Center.
The Customer selects the delivery method when placing the order. Delivery prices are fixed in the price list, which is visible to the Customer when placing the order (Note: Shipping (Itella SmartPost or courier) is free in Harju County if the subtotal of the shopping cart (which includes only products and does not include shipping costs) is at least 49.00 € (including VAT). For the rest of Estonia, courier delivery is free if the subtotal of the shopping cart (which includes only products and excludes shipping costs) is at least 76.80 €). With SmartPost, shipping is free throughout Estonia if the subtotal of your shopping cart (which includes only products and excludes shipping costs) is at least 49.00 €. 

b.When ordering alcohol, the Customer must enter their personal identification code when filling out the order form, in addition to all other required information, so that DVF can verify that the Customer is at least 18 years of age. When picking up goods via Itella SmartPost, the customer must enter not only the door code but also their ID card number, which allows the package locker to verify that the person is the same individual who placed the order. If the Subscriber selected either courier delivery or in-person pickup from the warehouse as the shipping method, DVF has the obligation and the right to verify whether the recipient of the order is authorized to receive it—that is, whether they are the same person who placed the order—and whether the Subscriber is at least 18 years of age. When ordering alcohol, the Customer can pick up the order from an Itella SmartPost parcel locker between 10:00 a.m. and 10:00 p.m. The delivery time agreed upon with the courier must also fall within the 10:00 a.m.–10:00 p.m. timeframe, and customers can pick up their orders from the warehouse between 10:00 a.m. and 5:00 p.m. These specific time frames are in place to prevent the distribution of alcoholic beverages outside the hours prescribed by law.

c.In the event that delivery of the Product is not possible—that is, in the event of disruptions or a shortage of goods— DVF is obligated to immediately inform the Customer of any potential delay in the Product’s delivery period via the contact phone number or email address provided when placing the order, within 2 business days of the order taking effect. If the Customer agrees to this, DVF will continue to fulfill the Order. If the Customer loses interest in purchasing the Product due to the extended delivery period, the Customer has the right to cancel the order (see Section 8 for details), and the amount paid by the Customer (including shipping costs) will be refunded to the Customer.

6) Delivery time for products

a.The courier will deliver the Product to the address you specified within 1–2 business days of placing your order. Prior to delivery, we will contact you to arrange a convenient delivery time (Note: When purchasing alcohol, the agreed-upon delivery time must be between 10:00 a.m. and 10:00 p.m.).

b.Itella Smart POST will deliver the Product(s) to the parcel locker selected by the Subscriber within Estonia on the next business day, provided that the order is placed on a business day between 9:00 a.m. and 3:00 p.m. When the order arrives at the parcel locker, the Subscriber will receive a message on their mobile phone containing the location of the parcel locker, its operating hours, and a personal access code. Upon entering the code on the parcel locker’s touchscreen, the locker door will open and the Subscriber can retrieve the package. Packages are stored free of charge in the SmartPost parcel locker for 7 calendar days, starting from the time the message is sent to the Subscriber’s mobile phone and/or email address. If the Subscriber has not picked up the package within 7 calendar days, the order will be canceled, and the amount paid for the order (minus the cost of returning the goods) will be refunded to the Subscriber’s bank account within 14 calendar days at the latest (Note: When purchasing alcohol, the Subscriber may retrieve the order from the parcel locker between 10:00 a.m. and 10:00 p.m.).

c.If the customer has selected “pick up at the warehouse” as the delivery method for their order, they can pick up the goods on business days between 9:00 a.m. and 5:00 p.m. (Note: When purchasing alcohol, the customer can pick up their order from the warehouse between 10:00 a.m. and 5:00 p.m.).

d.We deliver goods to the islands within 1–3 business days.

7) Ordering and Delivery Outside the Republic of Estonia

a.DVF does not offer the option to order Products outside the Republic of Estonia.

8) The consumer's right to cancel an order

a.The Customer has the right to cancel an order for Products from the time the order is placed until 14 calendar days after receipt of the Products. The 14-calendar-day right of return does not apply to products with a best-by date that is approaching soon. The right of return does not apply to products whose packaging has been opened (e.g., coffee, tea, alcohol, food items, etc.). To withdraw from the order, the Customer must submit a notice to DVF either in writing (Mõisa 4, Tallinn, 13522) or via email (sales@davincifood.ee), using either the standard withdrawal form (which will be sent to the Customer’s email address after the order takes effect) or by submitting another unambiguous statement of withdrawal within the 14-calendar-day period covered by the right of withdrawal.

b. In the written notice of cancellation of the order, the Customer must provide the bank account number and the name of the account holder to whom the refund should be transferred. If the order was prepaid by entering card information, the refund will be credited to the same payment card, and there is no need to enter an account number separately. DVF does not issue cash refunds.  

c.If the Customer withdraws from the order, the Customer agrees to return the unused and undamaged Products in their original packaging (the original packaging may be opened but must not be damaged in any other way) without delay, but no later than 14 calendar days from the date the notice of withdrawal was sent.

d.DVF will refund the Subscriber the amount paid for the order (minus the cost of returning the goods) no later than 14 calendar days from the date of receipt of the notice of withdrawal, provided that the Subscriber has returned the Products by that time. DVF will also reimburse the Customer for shipping costs if the reason for the cancellation is a defective Product.

e.In the event of deterioration of a product subject to return, the Customer is liable for any decrease in value resulting from the use of the product only if the Customer has used the product in a manner other than that necessary to ascertain the nature, characteristics, and functioning of the product. To verify the nature, characteristics, and functionality of the product, the Customer should handle and use the product only as they would normally be permitted to do so in a store. If the Product returned by the Customer is damaged, DVF has the right to claim compensation for damages in an amount up to the sales price of the Product, depending on the decrease in the Product’s value. This amount will be deducted from the refund due to the Customer.

f.DVF is not liable for damage to the Product caused by the Customer; for defects resulting from improper use of the Product; for natural physical wear and tear of the Product resulting from normal use; for use of the Product under conditions or in a manner that can be expected to result in faster-than-normal wear and tear; or in other cases provided for by law.

g.A Subscriber who selected Itella SmartPOST as the delivery method has the option to return the product to DVF via SmartPOST within 14 calendar days. The product can be returned at any SmartPOST parcel locker throughout Estonia using the same door code provided upon receipt. Accordingly, DVF recommends that the Subscriber retain the SMS message containing the access code received from Itella SmartPost until the end of the 14-calendar-day return period. Upon receipt of the returned product, DVF will refund the Subscriber the amount paid for the order, minus any costs associated with the return. If the return is due to a defect in the product, DVF will cover the costs associated with the return.

9) The Client’s Rights and Filing Claims

a.The Customer has the right to order Products from the online store at the price and under the fixed terms and conditions set by DVF.

b.The Product shipped to the Customer must be correct and complete and must comply with the terms and conditions established by DVF.

c.The Customer has the right to submit claims regarding the product to DVF at Mõisa 4, Tallinn, or via email tosales@davincifood.eewithin 2 years of receiving the product, but no later than 2 months after the defect becomes apparent. In the complaint, the Customer must include the following information:

1. Name and Contact Information

2. Date of Filing of the Complaint

3. A description of the product defect and/or deficiency; include photos if possible

4. If possible, also the invoice number (which the Customer received along with the goods)

d.If the Product cannot be repaired or replaced, the Customer has the right to cancel the sale and return the Product to DVF. DVF undertakes to refund the purchase price paid under the sale and the costs associated with the return within 14 calendar days of receiving a justified notice of withdrawal.

e.The Customer has the right to cancel the order for the Products in accordance with Section 8.

10) Obligations of the Client

a.Depending on the selected mode of transport, the Customer shall fill in the fields marked with an asterisk when placing an order. The Customer is required to provide the information necessary to fulfill the order and to ensure that it is accurate.

b.If the information provided by the Customer is incorrect and/or incomplete, DVF does not guarantee the proper fulfillment of the Product order. If possible, DVF will contact the Customer to clarify any incorrect or incomplete information.

c.By placing an order, the Customer confirms that they agree to the terms and conditions set forth in the DVF Online Store’s Terms of Use and undertakes to comply with them.

d.The Customer is obligated to pay for the goods and accept delivery of them in accordance with the procedures set forth in these Terms of Use.

e.A customer who makes a purchase from this online store agrees to comply with these Terms of Use and any other terms and conditions set forth in this online store and in the laws of the Republic of Estonia.

11) DVF's Obligations

a.DVF undertakes to deliver the correct and complete Product(s) to the Customer.

b.DVF agrees to accept and document all claims made by the Client.

c.DVF undertakes to resolve the Client’s claim within 15 calendar days if the reasons for the claim are beyond the Client’s control. If the reason for the claim is attributable to the Client, the Client must remedy it immediately.

d.DVF undertakes to repair or replace defective Products. DVF is liable only for manufacturing defects and other defects that existed at the time of delivery of the Product to the Customer. If you have any questions, please call customer support at +372 68 100 00 on weekdays from 9:00 a.m. to 3:00 p.m. or send an email tosales@davincifood.ee.

12) Protection of Personal Data

a.All personal data of customers obtained during visits to the DVF online store and while making purchases is treated as confidential information.

b.An encrypted data communication channel with banks ensures the security of the purchaser’s personal data and bank details. Full responsibility for this personal data rests with the bank whose services the Subscriber uses.

c.DVF confirms that the personal data entered by the Customer will be processed solely for the purpose of purchasing goods from the DVF online store, as well as for marketing (unless the Customer does not wish to receive the monthly newsletter or later unsubscribes) and direct marketing purposes (if the Customer does not wish their email address or phone number to be used for direct marketing purposes, they must inform DVF of this). DVF undertakes not to disclose the Subscriber’s personal data to third parties, except to DVF’s partners who provide delivery services or other services related to the proper fulfillment of the Subscriber’s order. In all other cases, the Customer’s personal data may be disclosed to third parties only in accordance with the procedures set forth in the laws of the Republic of Estonia.

d.In order to enable the Subscriber to make purchases in the full-featured online store, DVF places information—“cookies”—on the Subscriber’s computer (device). DVF uses this information to identify the Subscriber as a previous visitor to the online store, to store information about items added to the shopping cart, to collect data on website traffic, etc. The Subscriber has the option to review what information (“cookies”) DVF has stored and may delete some or all of the stored “cookies.” The Subscriber also has the right to refuse to allow information (“cookies”) to be stored and used on their computer (device); however, in such cases, certain e-store features may be unavailable to the Subscriber. By accepting these terms and conditions, the Subscriber agrees to the placement of information on their computer (device). The Subscriber may revoke this consent at any time by changing their browser settings.

13) Force Majeure

a.DVF shall not be liable for any damages incurred by you or for any delay in the delivery of the product if such damages or delay are caused by circumstances beyond DVF’s control and which DVF neither foresaw nor could have foreseen (force majeure).

b.DVF shall not be liable for late delivery of the goods if the product or products are not delivered or are delivered late due to the Customer’s fault or circumstances attributable to the Customer.

14) Disclaimer

a.Images and videos are for illustrative purposes only (Note: The information in the product description is always more accurate than what the Customer may see in the images. For example, the wine’s vintage and alcohol content).

b.Product data and information are updated regularly. Due to incomplete information provided by manufacturers, there may be inaccuracies in the product information on the DVF online store. In such cases, the DVF online store assumes no responsibility for the accuracy of product information. Product information may have been updated since your last visit. We recommend that you always contact us for verification on business days from 9:00 a.m. to 3:00 p.m. via our customer support line at 681 0000.

c.DVF shall be released from any liability in cases where damage occurs because the Subscriber, disregarding DVF’s recommendations and its own obligations, failed to review these Terms of Use, despite having been given the opportunity to do so.

d.DVF reserves the right to cancel a sale if any of the following issues have occurred with the Product: a human error in entering the price or a technical error in the system (for example, if a Product priced at €500 is suddenly listed for €50, this is clearly an error. Consequently, we expect the Customer to understand that this is an error and that the Product is not for sale at that price).

e.If prices in the online store have changed after the Subscriber has placed and paid for an order, DVF is obligated to deliver the corresponding products to the user at the prices in effect at the time the order was placed. The service user is not entitled to claim compensation for the price difference.

f.DVF is obligated to rescind the sales contract concluded with the Customer if it becomes apparent that the Customer did not have the legal right to enter into the sales transaction (e.g., if a Customer under the age of 18 enters into a contract to purchase alcohol). DVF has the right to verify, upon delivery of the Product, whether the Customer has the legal capacity to enter into the sales transaction. If the Customer lacks such legal capacity, DVF will not deliver the Product or provide the Service. If DVF has withdrawn from the sale, DVF will refund the order amount paid under the sale (excluding costs associated with returning the goods) to the Customer within 14 calendar days of the notice of withdrawal.

15) Final Provisions

a.These regulations have been drafted in accordance with the laws of the Republic of Estonia.

b.Any matters not specifically addressed in these Terms of Use shall be governed by the laws in force in the Republic of Estonia.

c.Any disputes arising between the Customer and DVF in connection with ordering and purchasing products through the DVF online store shall be resolved through negotiation. If no agreement is reached, the Customer has the right to seek protection of their rights through the Consumer Disputes Commission via the Consumer Protection Board or in court. The contact information for the Consumer Disputes Commission is available on the Consumer Protection Board’s website (http://www.tarbijakaitseamet.ee/et/kontakt). The Consumer Disputes Commission has jurisdiction to resolve disputes arising from contracts concluded between a consumer and a merchant that the parties have been unable to resolve by mutual agreement, provided that the value of the goods or services in dispute is 30 euros or more. The review of a complaint by the Consumer Disputes Commission is free of charge for the parties. In addition, the European Union’s online platform for resolving complaints with e-merchants—the ODR (Online Dispute Resolution) platform—is available to all subscribers athttp://ec.europa.eu/odr.

16) Appendix (Note: DVF will also send the same statement in PDF format to the Subscriber’s email address once the Subscriber’s subscription has taken effect.) 

Withdrawal from a contract concluded via a means of communication and from a contract concluded outside of business premises
Standard Form for a Notice of Withdrawal

(Please complete and return this form only if you wish to withdraw from the contract)

— To: “[Da Vinci Food , Mõisa 4, Tallinn 13522, sales@davincifood.ee]”

— I/We (*) hereby withdraw from the contract for the following item (*) / the following service (*)

— Date of order (*) / Date of receipt (*)

— Consumer's name / consumers' names

— Consumer's address / Consumers' addresses

— The consumer's bank account number and the name of the account holder:

— Consumer's signature / Consumers' signatures (only if this form is submitted on paper)

— Date

(*) Do not cross out.

Da Vinci Food

(Last modified: 24.08.2023)