Terms of use

Terms of use (Da Vinci Food OÜ website and e-shop):

Davincifood.ee website and e-shop manager:

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

1) Definitions used in the conditions of use

a. Subscriber – A person who is/has been on the DVF website and/or buys/consumes Products sold by the DVF e-shop. The Subscriber may be on the Website and/or the e-shop and may/may not place orders as a registered or non-registered user.

b. Terms of Use – The terms and conditions applicable to the use of the e-shop/commerce website, which are binding on all persons visiting the website and making purchases via the website.

c. Product(s), Product(s) – Product(s) sold by DVF e-shop.

d. DVF (Da Vinci Food OÜ) – A legal entity that sells Products or Services on the DVF e-shop/homepage.

e. Sales Transaction – A contract for the purchase of a Product concluded between the Subscriber and DVF via an e-shop/catalogue.

f. Indications used in the DVF e-shop: * – the product will be excluded from the DVF product range after it has run out of stock.

2) General terms and conditions

a. The Terms and Conditions apply to all legal relations between any person and Da Vinci Food OÜ (hereinafter referred to as DVF), the owner of the shopping environment www.davincifood.ee (hereinafter referred to as the e-shop), in relation to the purchase of products via the e-shop.

b. In addition to these terms and conditions, legal relations arising from the purchase of products via the DVF e-shop shall be governed by the laws in force in the Republic of Estonia.

c. DVF is entitled to amend and supplement these terms and conditions and the price list as a result of the development of the e-shop and in the interests of better and safer use of the e-shop. DVF recommends that you review the Terms of Use from time to time to keep up to date with the current Terms of Use. All transactions are subject to the terms and conditions in force at the time of their execution. Amendments and additions to the Terms and Conditions and the Pricelist shall become effective upon publication of the amendment or addition on the Internet site www.davincifood.ee/kasutustingimused. If you have submitted your order before the entry into force of the amendments to the Terms and Conditions, the legal relationship between you and DVF shall be governed by the Terms and Conditions in force at the time you submitted your order, unless otherwise provided by law or these Terms and Conditions.

3) Registration procedure

a. In order to become a regular customer of the DVF e-shop, the Subscriber must register as a user of the online environment at www.davincifood.ee.

b. To register, you must fill in all the boxes marked with an asterisk.

c. After registration, DVF will send the Subscriber an e-mail to the e-mail address specified by the Subscriber confirming that the Subscriber has created an account in the DVF e-shop.

d. After the activation of the user account, the Subscriber can log in to the DVF online environment with the user ID and password assigned to him/her and place orders for products under his/her account.

e. When registering as a DVF e-shop user, customers can pre-save their contact details and view their previous orders.

4) Product ordering procedures

a. The Subscriber does not need to register as a user of the DVF e-shop in order to order Products.

b. Description of the purchasing process:

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

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

3. The subscriber proceeds on the page by clicking on the “FORM ORDER” button.

4. According to the choice of the delivery method, the Customer fills in the necessary fields to receive the order.

5. The Subscriber chooses the method of payment for the Products and confirms that he/she has read the Terms of Use.

6. The customer confirms the order by clicking on the button “ORDER WITH ACCOUNT” and makes the payment via the selected bank.

7. After the payment has been made, you must press the “Return to merchant” button in the bank, otherwise the order will not be delivered.

c. All product prices shown in the e-shop are in euros and exclude transport costs and VAT at 24%.

d. The price of the Products ordered shall be subject to a delivery charge in accordance with the delivery method chosen by the Customer.

Free posting:

Harjumaa: Courier and Smartpost – from 49,00 €

The rest of Estonia: Courier – 76,80 €, SmartPost 49,00 €.

e. The price of the Products ordered is subject to a Product bundling fee of 1,24 €.

f. The order confirmed by the subscriber can be paid for at DVF via an online banking link.

g. The order will be placed and delivered with 100% advance payment. DVF will inform the Subscriber of the dispatch of the Products and the resulting entry into force of the order by e-mail. When the goods are ready for dispatch, an informative invoice will also be sent by e-mail.

5) Delivery of products

a. The ordered Products will be delivered by DVF to the Subscriber according to the method chosen by the Subscriber in the order: by courier, Itella SmartPost or the Subscriber will personally pick up the order at the warehouse located at Visase 5 (NB: In the case of fast-moving products (cheeses, hams, etc.), the only methods of transport within Tallinn are by courier or the Subscriber will personally pick up the order at the warehouse). For the given products, there is no delivery service outside Tallinn). In case of ice-cream orders, the only way to get the ice-cream is to go to the Da Vinci Pasta & Pizza restaurant in Järve Centre.
The method of delivery is chosen by the Customer when placing the order. Delivery prices are fixed in the price list, which is visible to the Customer when placing the Order (NB! Postage (Itella SmartPost or courier) is free of charge in Harju County, if the subtotal of the shopping cart (includes only products and does not include postage) is at least 49,00 € (includes VAT). For the rest of Estonia, delivery is free of charge by courier if the subtotal of the shopping cart (includes only products and does not include postage) is at least €76.80). For SmartPost, delivery is free of charge in Estonia if the subtotal of the shopping cart (including only the products and excluding postage) is at least 49,00 €.

b. When ordering alcohol, the Subscriber is required to enter, in addition to all the other necessary information, his/her personal identification number, so that DVF can verify that the Subscriber is at least 18 years old. When picking up a parcel from Itella SmartPost, the customer must enter not only the door code but also an ID card, which enables the parcel machine to identify the person who placed the order. If the Subscriber has chosen a courier as the mode of transport or if the Subscriber picks up the order at the warehouse, DVF has the obligation and the right to verify that the person who receives the order is entitled to do so, i.e. that it is the same person who placed the order and that the Subscriber is at least 18 years old. When ordering alcohol, the Subscriber can pick up the order at an Itella SmartPost parcel machine between 10.00 and 22.00. The time of delivery agreed with the courier must also be between 10.00 and 22.00 and the Customer can collect his order from the warehouse between 10.00 and 17.00. The reason for the precise definition of the times is to exclude the dispensing of alcoholic beverages outside the legal times.

c. In the event that the delivery of the Product is not possible, i.e. in the event of disruptions or shortage of goods, DVF is obliged to inform the Customer immediately of a possible extended delivery period of the Product by the contact telephone number or e-mail indicated when placing the order within 2 working days from the date of entry into force of the order. If the Subscriber so agrees, DVF shall continue to execute the Order. In the event that the Subscriber loses interest in purchasing the Product due to a longer delivery period, the Subscriber shall have the right to cancel his/her order (see in more detail in Section 8) and the amount paid by the Subscriber (including the cost of transport) shall be refunded to the Subscriber.

6) Delivery time of the products

a. The courier will deliver the Product to the address you have specified within 1-2 working days of placing your order. You will be contacted prior to delivery to arrange a suitable time for delivery (NB: For alcohol purchases, the agreed time of delivery must be between 10:00 and 22:00).

b. Itella Smart POST will deliver the Product(s) to the parcel terminal(s) selected by the Subscriber within Estonia on the next working day if the order is placed on a working day between 9.00 and 15.00. When the order arrives at the parcel terminal, a message will be sent to the Subscriber’s mobile phone containing the location of the parcel terminal, opening hours and personal door code. When the code is entered on the parcel machine’s touch screen, the parcel machine’s door opens and the Subscriber receives the parcel. Parcels will be stored free of charge in the SmartPost parcel machine for 7 calendar days, starting from the time a message is sent to the Subscriber’s mobile phone and/or e-mail address. If the Subscriber does not pick up the parcel within 7 calendar days, the order will be cancelled 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 (NB: When buying alcohol, the Subscriber can pick up the order from the parcel machine between 10:00 and 22:00).

c. If the Customer has chosen to pick up the order in the warehouse, the Customer can pick up the goods from the warehouse on working days between 9.00 and 17.00 (NB! When buying alcohol, the Customer can pick up the order from the warehouse between 10.00 and 17.00).

d. We deliver to the islands within 1-3 working days.

7) Ordering and Delivery Outside the Republic of Estonia

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

8) The consumer’s right to withdraw from the order

a. The Customer has the right to withdraw from the order for the Products from the time the order is placed up to 14 calendar days after receipt of the Products. The 14 calendar day right of withdrawal does not apply to Products for which the recommended use-by date is approaching. The right of return does not apply to products whose packaging has been opened (e.g. coffee, tea, alcohol, food, etc.). In order to withdraw from the order, the Subscriber must submit an application to DVF either in writing (Mõisa 4, Tallinn, 13522) or by e-mail (sales@davincifood.ee) using the standard withdrawal form (which will be sent to the Subscriber’s e-mail address after the order has entered into force) or by submitting any other unequivocal withdrawal form within the 14 calendar days covered by the withdrawal right.

b. In the written cancellation of the order, the Subscriber must indicate the bank account number and the name of the bank account holder to which the money to be returned is to be transferred. If the order has been paid for in advance by entering the card details, the money will be returned to the same payment card and the account number does not need to be entered separately. DVF does not refund cash.

c. In the event that the Customer cancels the order, the Customer undertakes to return the unused and undamaged Products in their original packaging (the original packaging may be opened but must not be otherwise damaged) without undue delay, but not later than 14 calendar days from the date of the notice of cancellation.

d. DVF will refund the amount paid for the order (minus the cost of returning the goods) to the Customer within 14 calendar days of receipt of the notice of cancellation, provided that the Customer has returned the Products by that time. DVF shall also reimburse the Subscriber the costs of shipment if the reason for the withdrawal is a defective Product.

e. In the event of deterioration of the product to be returned, the Customer shall be liable for the loss of value resulting from the use of the product only if he has used the product in a manner other than that necessary to ascertain the nature, characteristics and functioning of the product. In order to ascertain the nature, characteristics and functioning of the product, the Subscriber should handle and use the product only as he would normally be allowed to do in a shop. In the event that the Product returned by the Subscriber has been deteriorated, the DVF shall be entitled to claim damages up to the selling price of the Product, depending on the depreciation of the Product. This amount shall be deducted from the amount returned to the Customer.

f. DVF shall not be 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 during normal use of the Product; for use of the Product in conditions or in a manner in which accelerated wear and tear can be expected; in other cases provided for by law.

g. The customer who chose 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 SmartPOST parcel terminals throughout Estonia with the same door code as the one used at the time of delivery. Consequently, DVF recommends that the Subscriber keeps the SMS message with the door code received from Itella SmartPost until the end of the 14 calendar day return period. Upon receipt of the product, DVF will refund the Subscriber the amount paid for the order, less the costs associated with the return of the product. In the event that the return of the Product is due to the Product being defective, the costs of returning the Product shall be borne by DVF.

9) Subscriber rights and complaints

a. The Subscriber has the right to order the Products in the e-shop at the price and under the conditions set by DVF.

b. The Goods delivered to the Customer must be correct and complete and comply with the conditions fixed by DVF.

c. The Customer shall have the right to submit complaints concerning the Product to DVF at Mõisa 4, Tallinn or by e-mail to sales@davincifood.ee within 2 years from the date of receipt of the Product, but not later than 2 months from the date of the defect. In the complaint, the Subscriber shall indicate the following information:

1. Name and contact details

2. Date of complaint

3. Description of the defect and/or shortcoming of the product; if possible, please include photos.

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

d. If the Product cannot be repaired or replaced, the Customer has the right to withdraw from the sale and return the Product to DVF. DVF undertakes to reimburse the purchase price paid under the sale and the costs of return within 14 calendar days of receipt of the reasoned withdrawal.

e. The Customer shall have the right to withdraw from the order for the Products in accordance with Clause 8.

10) Obligations of the Contracting Entity

a. Depending on the mode of transport chosen, the Customer fills in the boxes marked with an asterisk when placing the order. It is the Customer’s responsibility to provide the information necessary for the execution of the order and to verify its accuracy.

b. In the event that the information provided by the Subscriber is incorrect and/or incomplete, DVF does not guarantee that the Product order will be properly fulfilled. If possible, DVF will contact the Subscriber in order to clarify the incorrect or incomplete data.

c. By placing an order, the Subscriber confirms that he/she agrees to the terms and conditions set out in the DVF e-shop terms of use and undertakes to comply with them.

d. The Customer shall be obliged to pay for and accept the Goods in accordance with the procedure set out in these Terms of Use.

e. The Subscriber who makes a purchase from this e-shop undertakes to comply with these Terms of Use and other terms and conditions set out in this e-shop and in the legislation of the Republic of Estonia.

11) DVF obligations

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

b. DVF undertakes to receive and document all complaints from the Contracting Entity.

c. The DVF undertakes to resolve the Customer’s complaint within 15 calendar days if the reasons for the complaint are beyond the Customer’s control. If the cause of the complaint is attributable to the Subscriber, the Subscriber shall immediately remedy it.

d. DVF undertakes to repair/replace defective copies of the Products. DVF shall only be liable 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 on weekdays between 9.00 and 15.00 on +372 68 100 00 or write to sales@davincifood.ee.

12) Protection of personal data

a. All personal data of the customer disclosed in the course of visiting the DVF e-shop and making purchases will be treated as confidential information.

b. An encrypted data channel with banks ensures the security of the shopper’s personal data and bank transactions. All responsibility for these personal data rests with the bank whose services are used by the Subscriber.

c. DVF confirms that the personal data provided by the Subscriber will only be processed for the purpose of purchasing goods from DVF’s e-shop and for marketing purposes (unless the Subscriber does not wish to receive the monthly newsletter offer or cancels the subscription at a later date) and direct marketing purposes (if the Subscriber does not wish his/her e-mail or telephone number to be used for direct marketing purposes, he/she must inform DVF). The DVF undertakes not to disclose the Subscriber’s personal data to third parties other than the DVF’s partners providing services related to the delivery of the goods or other services related to the proper execution of the Subscriber’s order. In all other cases, the Subscriber’s personal data may be disclosed to third parties only in accordance with the procedure laid down in the legislation of the Republic of Estonia.

d. In order for the Subscriber to be able to make purchases in a fully-fledged e-shop, DVF enters information – “cookies” – on the Subscriber’s computer (device). The information entered is used by DVF to identify the Subscriber as a former visitor to the e-shop, to store information about the goods placed in the shopping cart, to collect data about the number of visitors to the website, etc. The information is then stored in a cookie. The Subscriber will have the possibility to review the information (“cookies”) that DVF has entered and the Subscriber may delete some or all of the “cookies” entered. The Subscriber also has the right not to accept that information (“cookies”) are entered and used on his/her computer (device), but in this case certain functions of the e-shop may be unavailable to the Subscriber. The Subscriber, by accepting these terms and conditions, agrees that information will be inserted into his/her computer (device). The Subscriber may withdraw this consent at any time by changing their browser settings.

13) Unquantifiable force

a. DVF shall not be liable for any damage caused to you or any delay in delivery of the product if the damage or the delay in delivery of the product is due to a circumstance beyond DVF’s control and which DVF did not foresee and could not 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 not delivered on time due to the fault of the Customer or due to circumstances beyond the control of the Customer.

14) Disc timer

a. Pictures and videos are for illustrative purposes only (NOTE: The information in the Product description is always more correct than the information that the Customer may see in the pictures. For example, the vintage of the wine and the percentage of alcohol).

b. Product data and information are regularly updated. Due to the incompleteness of manufacturers’ data sheets, product information in the DVF e-shop may contain inaccuracies. In this case, DVF e-shop does not accept any responsibility for the accuracy of the product data. Product information may have been updated since the last visit. We recommend that you always contact us on working days between 9.00 and 15.00 via our customer support line on 681 0000.

c. DVF shall be released from any liability in those cases where the damage arises because the Subscriber, disregarding DVF’s recommendations and its obligations, did not familiarise himself with these Terms of Use, despite having been given the opportunity to do so.

d. DVF reserves the right to withdraw from a sale if any of the following problems have occurred with the Product: a human error in entering the price or a technical error in the system (for example, if a Product costing €500 is suddenly on sale for €50, this is clearly an error.). Consequently, we expect that the Subscriber should understand that this is an error and that the Product should not be sold at this price).

e. If the prices in the e-shop have been changed after the order has been placed and paid for by the Subscriber, DVF undertakes to deliver the corresponding products to the User at the prices valid at the time of the order. The User shall not be entitled to claim compensation for the price difference.

f. The DVF has an obligation to withdraw from the sales contract with the Subscriber if it appears that the Subscriber did not have the right to the sales transaction (e.g. if a Subscriber under the age of 18 enters into a contract to purchase alcohol). The DVF has the right to verify whether the Subscriber has the right to enter into a sales transaction upon delivery of the Product. In the absence of such a right, the DVF will not issue the Product or provide the Service. If DVF has withdrawn from the sales transaction, DVF shall refund the amount of the order paid under the sales transaction (excluding the costs of returning the Goods) to the Customer within 14 calendar days of the date of the withdrawal.

15) Final provisions

a. These rules have been drawn up in accordance with the legislation of the Republic of Estonia.

b. Issues not specifically resolved in these Terms of Use shall be governed by the legislation in force in the Republic of Estonia.

c. Any disputes arising between the Subscriber and DVF in connection with the ordering and purchase of products via DVF’s e-shop shall be settled by negotiation. In the event of failure to reach an agreement, the Subscriber shall have the right to seek redress through the Consumer Disputes Committee of the Consumer Protection Board or in court. The details of the Consumer Disputes Committee can be found on the website of the Consumer Protection Office(http://www.tarbijakaitseamet.ee/et/kontakt). The Consumer Disputes Committee is competent to settle disputes arising out of a contract concluded between a consumer and a trader which the parties have failed to settle by agreement and where the value of the goods or services in dispute is €30 or more. The examination of the complaint by the Consumer Disputes Committee is free of charge for the parties. In addition, the European Union’s ODR (Online Dispute Resolution) platform is open to all Subscribers at http://ec.europa.eu/odr for the resolution of complaints with e-retailers.

16) Addendum (NOTE: DVF will also send the same statement in pdf format to the Subscriber’s e-mail address once the Subscriber’s order has entered into force. )

Withdrawal from a distance and off-premises contract
standard application form

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

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

– I/We hereby withdraw (*) from the contract for the following item(s)/service(s) (*).

– Date of order (*) / date of receipt (*)

– Consumer name(s)

– Consumer address(es)

– The consumer’s bank account number and the name of the account holder:

– Consumer signature(s) (only if this form is submitted on paper)

– Date

(*) Unnecessary to pull down.

Da Vinci Food OÜ

(Last modified: 24.08.2023)