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general terms and conditions

1 Subject of the Conditions and General Provisions

1.1 These General terms and conditions (hereinafter – the Conditions) govern the legal relationship between the Owner of the Online Store situated at the Internet address: www.expresso-shop.com (hereinafter – EXPRESSO), being Natura Capital OÜ (reg. №12021786, address Punane 42, Tallinn, Harjumaa, 13619 Estonia, phone: +372 5019 505, e-mail: info@expresso-shop.com, hereinafter – the Seller), and the User of EXPRESSO (hereinafter – the Buyer) with regard to the use of EXPRESSO and transactions concluded as a result of such use, as well as the general conditions of using EXPRESSO.

1.2 The EXPRESSO service shall enable the Buyer to enter, within the EXPRESSO online environment, into an agreement of sale and purchase of an item(s) sold in EXPRESSO (hereinafter – the Product/Products) with the Seller. Besides, the Buyer may also use other services offered in the EXPRESSO online environment. A more detailed and complete list of services offered by EXPRESSO, as well as their description is available at www.expresso-shop.com.

1.3 Before entering into an agreement of sale and purchase of the Product or other services rendered by EXPRESSO, the Buyer shall acknowledge that it has made itself familiar with the Conditions and that it agrees to comply with and abide by them and that it deems such Conditions to be binding upon it in the framework of the relationship with the Seller arising in the event of conclusion of a transaction. If the Buyer disagrees with the Conditions, the Buyer shall not be able to enter into a transaction on sale and purchase of the Products with the Seller.

1.4 In addition to the Conditions, the legal relationship arising between the Buyer and the Seller out of the use of EXPRESSO shall be governed by the legal acts of the Republic of Estonia. Both the Seller and the Buyer shall be governed by such legal acts in certain issues falling outside the scope of these Conditions.

2 Parties to a Sale and Purchase Transaction

2.1 The Seller is the Owner of EXPRESSO, Natura Capital OÜ (reg. №12021786, address Punane 42, Tallinn, Harjumaa, 13619 Estonia, phone: +372 5019 505, e-mail: info@expresso-shop.com).

2.2 A Buyer may be either an individual person of age (at least 18 years old) or any legal person, who acknowledges, prior to entry into a sale and purchase transaction or use of any other services rendered by EXPRESSO, that it has made itself familiar with the Conditions, agrees with them and undertakes to comply with them.

2.3 If a Buyer who is an individual person has not become of age (18 years of age), then in entering into a sale and purchase transaction he/she shall acknowledge that any transaction being concluded by him/her with the Seller is approved by his/her official representative in accordance with law, or that he/she, on his/her part, shall perform the conditions of the transaction at the expense of the resources furnished to him/her by his/her official representative or by a third party with the permission of the official representative, and that the resources have been furnished for the purpose of entry into the transaction or for the unrestricted use.

3 Prices of the Products, Products Availability and Product Information

3.1 All prices for the Products sold at the EXPRESSO are specified in Euro and are inclusive of the turnover tax applicable in the Republic of Estonia as of the time of the sale and purchase transaction, as well as of other state or local taxes.

3.2 In addition to payment of the cost of the Products, the Buyer undertakes to pay the value of delivery of the Products purchased by him/her as far as the place of delivery (hereinafter – the Transportation Expenses) in accordance with the Delivery terms and rates of EXPRESSO (hereinafter – the EXPRESSO’s Delivery Terms) established subject to the method of delivery chosen by the Buyer, country of destination, size of a package and weight of a Product.

3.3 The Seller is entitled to change prices of the Products at any time without any prior notice. If the Seller changes prices of the Products after acceptance of the order for the Product by the Buyer, the Seller undertakes to sell the Products to the Buyer at the price applicable as at the time of entry by the Buyer into an agreement of sale and purchase, i.e., at the time when the Buyer has paid for the Products in compliance with paragraphs 4.9. or 4.10. of the Conditions and when the purchase and sale transaction was deemed to have been concluded in accordance with the condition specified in paragraph 4.11. If the price changed by the Seller turns out to be less than that applicable at the time of entry into the sale and purchase transaction between it and the Buyer, the Buyer shall not be entitled to demand that the Seller compensate the difference in the price or that the Products be sold at the lower price which was fixed after the entry into the sale and purchase transaction.

3.4 If a mistake occurs (a technical failure, worker’s error or another circumstance) as a result of which the price of a Product in the EXPRESSO is disproportionately low as opposed to the market price for such Product, and if the Seller has not specified that such price is fixed with a discount granted by it for the Product or with any other discount, the Seller reserves the right to refuse from the terms specified in paragraph 6.8. of the Conditions and not to sell the Product to the Buyer at the wrong price fixed as a result of the technical failure provided that the Seller has not yet sent the Product to the Buyer to the place of delivery.

3.5 In using the EXPRESSO the Buyer shall bear in mind that due to special technical computing aspects the condition of the warehouse at EXPRESSO and the availability of the Products therein may be shown with a time delay and may, therefore, differ from the reality. The Buyer shall also take into consideration that the Products he/she desires shall only be reserved for him/her at the Seller’s warehouse after the Seller issues a relevant invoice and after it is paid by the Buyer on the terms as enlisted in these Conditions. Therefore, the Seller shall not be liable if at the time of execution of the transaction by the Buyer the Products he/she desired were stated as “available” while, in the process of performance of the sale and purchase transaction it turns out that the Seller’s warehouse has run out of the Products desired by the Buyer (the Products are stated as “not available at the warehouse”). Such being the case, the transaction for sale and purchase of such Products shall be deemed to have been automatically cancelled and the Seller shall not be liable for any possible losses inflicted to the Buyer as a result. The Seller shall also not be liable if after the Buyer has made payment for the Products the Goods are found to be out of stock. Such being the case, the Seller shall be entitled to cancel the agreement with the Buyer on the basis of the terms as specified in paragraph 6.8. of the Conditions and the Buyer shall not be entitled to demand that the Seller fulfill the agreement of sale and purchase or reimburse any damage.

3.6 In addition, the Buyer undertakes to take into consideration, while using the EXPRESSO, the fact that the photographs in the “Product Information” Section are placed for illustrative purposes and may be somewhat different from the actual appearance of the Products. To receive a more detailed and complete information on the Product (including, on its technical characteristics and appearance) the Buyer may turn to the Seller through the EXPRESSO online environment ( “ABOUT US” Menu Item -> “Contacts”, “LEAVE A MESSAGE” Section), via e-mail to info@expresso-shop.com or by personally visiting the EXPRESSO store, the exact location of each of which is stated in the EXPRESSO online environment.

4 Ordering and Concluding a Sale and Purchase Transaction

4.1 To conclude a transaction on sale and purchase of a Product chosen at EXPRESSO the Buyer should add the Product to the virtual basket (hereinafter – the Basket) by pressing the button “ADD TO BASKET”. If the Buyer wishes to buy some more Products in a given sale and purchase transaction he/she should repeat the above-mentioned procedure with each of the Products chosen.

4.2 After choosing a Product(s) desired and adding it/them to the Basket, the Buyer shall, in order to proceed with the sale and purchase transaction, press on the Basket icon and then go through the link “VIEW BASKET”. The Basket provides the Buyer with a possibility to increase or decrease the quantity of the Products bought or to delete a Product from the Basket. To confirm the changes made in the Basket, the Buyer should press the “UPDATE BASKET” button.

4.3 If the Buyer has finally chosen the Products and wishes to conclude a sale and purchase transaction, he/she should choose the method of delivery of the Product and go through the link “GO TO PAYMENT”.

4.4 In accordance with paragraph 3.2 of the Conditions the Transportation Expenses are automatically added to the cost of the Products added by the Buyer to the Basket, thereby increasing the total amount payable.

4.5 Prior to the final confirmation of an order, the Buyer shall fill in an online Form (hereinafter – the Inquiry Form), where the personal information shall be specified (first name, surname, delivery address: city, address, postal code; contact telephone number, e-mail, and, if the Buyer is a legal entity, the commercial name, registration code, place of delivery, first name and surname of a representative).

4.6 After filling in the Inquiry Form the Buyer shall choose one of the Payment Options offered at the website:
4.6.1 Against an invoice (“Payment against an invoice” button);
4.6.2 Via PayPal (“PayPal” button);
4.6.3 Via Internet-bank (“Via Internet-bank” button) by choosing a relevant credit institution through whose Internet-bank the Buyer wishes to pay for the Product;
4.6.4 By a Visa or MasterCard credit card (“By Credit Card” button).

4.7 The Buyer shall grant EXPRESSO the right to process and save the data furnished by it to EXPRESSO. All personal data on the Buyer that has been furnished to EXPRESSO and that has become known in the process of concluding a purchase and sale transaction, shall be used by the Seller solely for the purpose of fulfilling an order, settling any possible problems arising as a result, conducting market research for the purpose of increasing the quality of the services provided, developing new proposals and pricing policy, and notifying the Buyer about the Seller’s news. The Seller acknowledges that all personal data furnished to EXPRESSO will be processed in accordance with the confidential data processing rules.

4.8 In filling in the Inquiry Form and for the purpose of concluding a sale and purchase transaction the Buyer shall tick the paragraph “I have read and acknowledge my consent to the Terms and Conditions”, whereby the Buyer shall confirm that he/she has read the Conditions and agrees to conclude a sale and purchase transaction with the Seller on the specified terms. The Buyer has the right to print out the Conditions or save them in a digital format on his/her data storage medium.

4.9 After the final confirmation of the order, the Buyer shall, by clicking the link “CONFIRM ORDER” proceed to pay the order by one of the methods of payment offered at EXPRESSO and chosen by him/her personally in accordance with paragraph 4.6. of the Conditions:
4.9.1 If the Buyer has chosen the “Against an Invoice” payment method (paragraph 4.6.1. of the Conditions), an e-mail will be sent from the Seller to the e-mail address specified by the Buyer at the time of filling in the Inquiry Form, to which an invoice in pdf-format will be attached.
4.9.2 If the Buyer has chosen “PayPal” payment method (paragraph 4.6.2. of the Conditions), he/she will be redirected to the page of the PayPal settlement system. If the payment is successful, the Seller will receive the confirmation that the Buyer has paid for the Product.
4.9.3 If the Buyer has chosen the “Via Internet-bank” payment method (paragraph 4.6.3. of the Conditions), he/she will be redirected to the page of the Internet-bank specified by him/her. After payment of an invoice via the Internet-bank the Buyer shall press the link “Go back to the Seller” and then the Seller will receive the confirmation from the bank of the fact that the Buyer has paid for the Product.
4.9.4 If the Buyer has chosen the “By credit card” payment method (paragraph 4.6.4. of the Conditions), the Seller will, after entry of the data about the Buyer’s credit card and successful completion of payment, receive the confirmation that the Buyer has paid for the Product.

4.10 All payments made by the Buyer in accordance with paragraphs 4.9.2., 4.9.3. and 4.9.4. of the Conditions (hereinafter – the “Online Payments”) shall be performed outside the EXPRESSO online environment on a secured page of the credit institution chosen by the Buyer or of the payment service provider, and EXPRESSO shall have no access to the bank information of the Buyer and to his/her credit cards data.

4.11 A transaction on sale and purchase of the Products between the Buyer and the Seller shall be deemed to have been concluded upon receipt by the Seller of an electronic confirmation of payment for the Product if the payment has been made online or upon payment of the invoice as specified in paragraph 4.9.1. of the Conditions and arrival of the full amount specified in it to the account of the Seller. In the event of the successful conclusion of the sale and purchase transaction the Seller shall send a confirmation e-mail to the Buyer’s e-mail address.

4.12 If the Buyer has not paid for the Product within 3 calendar days as of the time of confirmation of the order, the Seller shall cancel the order and no transaction shall be concluded between the Seller and the Buyer.

5 Order Performance

5.1 The Seller undertakes to proceed to perform a transaction on purchase and sale immediately after receipt of information on conclusion of the transaction on purchase and sale in accordance with paragraph 4.11. of the Conditions, i.e. to hand over the object of the transaction on purchase and sale – the Product purchased by the Buyer – to the enterprise in charge of the Products’ delivery.

5.2 The Product purchased by the Buyer will be delivered to the place as specified by the Buyer in accordance with the delivery method chosen by it within the time limits specified in the EXPRESSO Delivery Terms. If delivery is made within the limits of the Republic of Estonia, the Product will be delivered within three working days and its release to the Buyer shall be made on working days within the the period of 09:00-17:00. The representative of a transportation company shall, where possible, call the Buyer to the telephone number specified at the time of ordering and agree upon with the Buyer the exact time for delivery of the Products. The Seller asks the Buyer to arrange the presence of either the Buyer itself or his/her authorized representative at the specified place of delivery of the Product at the time the Product is delivered.

5.3 If the place of delivery as specified by the Buyer is located beyond the boundaries of the Republic of Estonia, the Seller shall specify to the Buyer of a more precise time limit of delivery of a Product (of each of them). Delivery of the Products beyond the boundaries of the Republic of Estonia is subject to the conditions and generally accepted rules of the companies carrying out international transportation, as well as to the EXPRESSO Delivery Terms.

5.4 If after the conclusion of a sale and purchase transaction the Product purchased by the Seller is found to be out of stock and it is determined that the Product must be specially ordered from the suppliers and that it would be impossible to deliver the Product within the time limits specified in the EXPRESSO Delivery Terms, or in any other case when it is impossible to deliver the Product within the specified time limits, the Seller shall not be liable for such a delay. The Seller shall notify this to the Buyer at a telephone number specified at the time of ordering or by e-mail within 2 working days of entry into an agreement on sale and purchase. The Seller shall also notify the Buyer of the new time limit for delivery of the Product.

5.5 If a delay in delivery of the Product to the place of delivery or any other misunderstanding are caused by inaccuracy or incorrectness of the data supplied by the Buyer at the time of ordering, the Seller shall not be liable for such a delay and the Buyer shall not be entitled to refuse from the purchase and sale transaction in accordance with paragraph 6.1. of the Conditions.

5.6 The Product purchased by the Buyer shall be handed over to the Buyer along with an accompanying sheet by a representative of the transportation company at the place of delivery. Prior to signing the accompanying sheet the Buyer is recommended to carefully examine the package of the Product and, if a physical damage is caused to it, to mention this fact in the accompanying sheet. The Buyer shall notify the Seller about the Product with a damaged package through the EXPRESSO online environment (Menu Item “ABOUT US” -> “Contacts”, Section “LEAVE A MESSAGE”), by e-mail to the address info@expresso-shop.com or by personally visiting the EXPRESSO store, whose exact location is specified in the EXPRESSO online environment, after which, if the Buyer so desires, the Seller undertakes to replace the Product whose package has been damaged by the transportation company.

5.7 The Buyer shall bear in mind that during receipt and use of the Product it shall be unpacked as carefully as possible lest the package, manufacturer’s adhesive labels and serial number of the Product be damaged. This is required to mitigate, in the event of a refusal from the agreement on purchase and sale, the risk associated with such damages in accordance with paragraph 6.7. of the Conditions.

6 Refusal from the Agreement of Purchase and Sale

6.1 The Buyer shall have the right to refuse from the agreement of purchase and sale upon occurrence of an event described in paragraph 5.4. of the Conditions, including, in a situation when an agreement of purchase and sale has been concluded between the Buyer and the Seller in accordance with paragraph 4.11. of the Conditions, however, the time limit of delivery of the Product (as stipulated in the Conditions) to the place of delivery specified by the Buyer shall be extended for a reason within the control of the Seller. The Buyer shall have the right to cancel such an agreement within 3 working days of receipt of information from the Seller about delay in delivery of the Product. An application on cancellation shall be presented to the Seller in written form enabling its subsequent written reproduction.

6.2 If the Buyer is an individual person, he/she shall have the right to cancel the agreement within 14 calendar days of receipt of the Product. The fact of receipt of the Product shall be confirmed by the signature of the Buyer and the date of receipt stated on the accompanying sheet that was delivered to the Buyer along with the Product. The Product shall be deemed to have been received from an automatic parcel terminal at the moment the Buyer opens the automatic parcel terminal. To cancel the agreement on purchase and sale the Buyer shall provide the Seller with a written application on cancellation in written form enabling its subsequent written reproduction. The Seller shall specify in the application if he desires to receive, as a result of the cancellation of the agreement, an amount equal to the cost of the Goods or to have the purchased Product replaced with any other Product offered by the Seller.

6.3 The Buyer shall not have the right to cancel the agreement on the basis of paragraph 6.2. of the Conditions if the object of the agreement on purchase and sale, i.e., the Product, is:
6.3.1 an Item, whose cost is subject to financial market fluctuations over which the Seller has not any control and which may arise within the term of cancellation;
6.3.2 an Item manufactured with due regard of the Buyer’s personal preferences;
6.3.3 an Item individually customized for the Buyer;
6.3.4 an Item that is perishable or whose useful life has expired;
6.3.5 an Item contained in a closed package that is not returnable for the reasons of health protection or hygiene and that has been opened after delivery;
6.3.6 an audio- or a video record, as well as computer programs and games contained in a closed package if the Buyer has opened the package;
6.3.7 an Item that gets mixed or integrated after the commencement of its use with another item in such a way that they can no longer be separated;
6.3.8 Quick repair or maintenance operations in the event that the Buyer has ordered that they be done on-site;
6.3.9 a newspaper, a magazine or another periodical.

6.4 If the agreement is cancelled by the Buyer the Seller undertakes to return to the Buyer the amount spent on payment for the Product within the framework of the purchase and sale agreement and on the delivery of the Product. If the Buyer has chosen a method of delivery that is different from the customary and cheapest delivery method, the Seller shall not be obligated to reimburse the difference in the cost of the delivery that is different from the customary and cheapest method of delivery. The Seller shall have the right to refuse from making payments until the Buyer returns the Product or provides the proof of having sent it back.

6.5 The Seller shall transfer the refundable amount to the bank account specified by the Buyer within 14 calendar days from the day the Seller receives a relevant application on cancellation of the agreement on condition that the Buyer has returned the Product to the Seller within the same time period or has furnished proof that he/she has sent it back and on condition that the Product returned conforms to the requirements specified in paragraph 6.6. of the Conditions and that the Seller has no grounds to lessen the amount payable to the Buyer or to cancel it in accordance with paragraph 6.8. of the Conditions.

6.6 The Product being returned by the Buyer shall be complete (shall contain all items that were originally included into the complete set of the Product, including the auxiliary equipment). If the Product is bought in the framework of a promotional campaign when some other product was attached to the Product, the Buyer shall be obligated to return the entire set purchased, including the Product and other products.

6.7 The Buyer and the Seller have agreed that the Buyer shall bear the transportation expenses associated with the return of the Goods, save where the Product purchased does not conform to that ordered. In the event of the Buyer’s unilateral refusal from the purchase and delivery transaction, the Seller shall have the right to obligate the Buyer to pay the transportation amount or not to refund to it the amount spent by the Buyer for transportation of the Product being returned.

6.8 If the Product being returned by the Buyer and/or package of the Product are destroyed or damaged as a result of the circumstances within the Buyer’s control, the Seller shall have the right to recalculate the cost of the Product and to lessen it as a result of the damage and then to deduct this sum from the amount refundable to the Buyer. In order to make the recalculation, the Seller shall send the Buyer an application to the e-mail address specified at the time of ordering. If the Buyer disagrees with the reduction in the cost of the Product as a result of a recalculation, the Buyer shall have the right to engage an independent expert to determine whether the reduction in cost is justified. The expenses for expert evaluation shall be distributed equally between the Buyer and the Seller, save when, based on the results of the expert evaluation, the opinion of one of the Parties appears to be unjustified. In such a case the expenses associated with the expert evaluation shall be covered by the party, whose opinion appeared to be unjustified.

6.9 The Seller shall have the right to cancel the agreement of sale and purchase in a situation described in paragraph 3.4. of the Condition, including, when the price of the Product in EXPRESSO has been erroneously changed as a result of a technical error and has become disproportionately low as opposed to the market price of such Product, and when the Seller did not specify that such price is the price with a discount granted by the Seller for the Product, and when the Seller has not yet commenced performance of the conditions of the agreement of purchase and sale and has not yet sent the Product to the Buyer to the specified place of delivery. The Seller shall have the right to refuse from performance of the agreement of purchase and sale in a situation described in paragraph 3.5. of the Condition, including if the Goods are found to be out of stock after the Buyer has made payment for the Products. The Seller shall have the right to refuse from performance of such transactions within 3 days of being notified of the conclusion of the agreement of sale and purchase. To cancel the agreement the Seller shall provide the Buyer with a relevant application on cancellation in a written form enabling its subsequent written reproduction (it is desirable that the e-mail address supplied by the Buyer for such purpose be used). In the event of a refusal from the transaction, the Seller undertakes to return to the Buyer, within 10 calendar days, an amount paid by the latter for the Product purchased and for its transportation.

6.10 In addition to the terms specified in paragraphs 6.1., 6.2. and 6.9. of the Conditions, both the Buyer and the Seller shall have the right to refuse from the agreement in the event of failure to comply with the Conditions or non-conformity of the Product as well as to apply other statutory remedies.

7 Liability of the Seller in the Event of Non-Conformity of the Product and the Product Manufacturer Warranty

7.1 The Seller shall be liable for those non-conformity and defects in the Product occurring in violation to what is stipulated in an agreement that manifest themselves within 2 years of the date of transfer of the Product to the Buyer.

7.2 Should any defects in the Product occur, the Buyer shall notify the Seller about them within 2 months of their occurrence by filing to the Seller a claim in written form enabling its subsequent written reproduction. The Buyer shall specify in the claim his/her first name, contact details, date of filing the claim, date the defect was detected, description of the defect, a demand raised to the Seller with regard to the defect in the Product and shall also specify or attach to the claim a document confirming the agreement of sale and purchase of the Product that was concluded between the Buyer and the Seller.

7.3 In the event that the damage or non-conformity of the Product is detected the Buyer shall be entitled to demand that the Seller repair the Product or replace it with a Product that conforms to the declared product properties and is free of any damage. If such measures are impossible or infeasible, the Buyer shall have the right to cancel the agreement of sale and purchase of the Product.

7.4 The Seller shall not be liable for the defects detected in a Product which occurred through the fault of the Buyer or as a result of the use of the Product for a purpose other than the intended one or for its misuse.

7.5 Beside the Seller’s warranty as described in paragraph 7.1. of the Conditions, the warranty of the Product’s manufacturer may also apply to the Product. Its exact content, time-limit, scope of application and other conditions are determined by the manufacturer of each specific Product. The Buyer has the right to turn to the Seller to receive the information about the availability and terms of the Manufacturer’s warranty on the Product that the Buyer is interested in via the EXPRESSO online environment (Menu Item “About us” -> “Contacts”, Section “Leave a Message”), by e-mail to the address info@expresso-shop.com or by personally visiting an EXPRESSO store, the exact location of each of which is specified in the EXPRESSO online environment.

8 Changing the Conditions, Liability of the Parties, Copyright and Resolution of Disputes

8.1 All copyright to the works published at EXPRESSO belong to the Seller and the Seller has bought the rights to them beforehand. The copyright shall also apply to these Conditions.

8.2 The Buyer has the right to save these Conditions in accordance with paragraph 4.8. of the Conditions in order to ensure, at a later time, if necessary, their reproduction as at the time of entry into an agreement of sale and purchase.

8.3 The Seller shall be entitled to unilaterally change the Conditions, in part or in full, without notice to the Buyer. The changes shall become effective after there are published at the EXPRESSO web-site. If the Buyer has made an order prior to changing the Conditions, the relationship between the Buyer and the Seller shall be governed by the Conditions that applied at the time the order was confirmed by the Buyer, save when the law or the Conditions provide otherwise.

8.4 The Parties to the Conditions shall be liable to each other for a loss inflicted as a result of a breach of the Conditions in the events and to the extent as specified in relevant legal acts of the Republic of Estonia. The Seller shall not be liable for the loss inflicted to the Buyer or delay in delivery of the Product if such loss or delay in delivery of the Product arouse due to the circumstances upon which the Seller could not have influence and which the Seller did not and could not foresee (force-majeure circumstances).

8.5 The Parties shall endeavor to resolve all disputes arising between the Buyer and the Seller in the course of using the EXPRESSO online environment, entry into an agreement on purchase and sale and its performance by means of negotiations. If no agreement is reached, the Buyer shall be entitled to apply to the Consumer Complaints Committee of the Consumer Protection Department or to a court for the protection of his/her rights. If the Buyer applies to a court, the Buyer and the Seller have agreed that the judicial body shall be chosen at the location of the Seller.

8.6 If the Buyer is a legal entity or a private entrepreneur, the agreement of purchase and sale shall not be subject to the paragraphs covering certain consumer rights (provisions of the Law on Consumer Rights Protection).